Greenville Board of Adjustment Meeting - January 27, 2023
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Greenville Board of Adjustment Meeting – January 27, 2023
The Greenville Board of Adjustment convened on January 27, 2023, at 6:00 PM in City Council Chambers to consider four special use permit applications, one administrative appeal, and one permit transfer. The meeting included public hearings, board discussion, and votes on several items. Two items were continued to the February 23, 2023 meeting.
Consent Calendar
- Approval of Minutes: The Board approved the minutes from the November 17, 2022 and December 15, 2022 meetings by a unanimous vote (6-0). (Note: The agenda listed these under item IV, but transcripts show they were approved.)
Public Hearings & Testimony
Item 3: Dawn Cox – Child Day Care Facility
- Applicant Dawn Cox, owner/operator of Don Shay's Loving Child Care Center, requested a special use permit to build and operate a child day care facility on a 1.65-acre lot at the southeastern corner of West Gum Road and North Memorial Drive (zoned CH Heavy Commercial). The facility would accommodate up to 105 children, with a planned capacity increase from her current 63 children. An engineer, Marie Pedon, was present to answer technical questions. No opposition was registered. The property lies within the 100-year floodplain, requiring compliance with floodplain regulations.
Item 4: Teneasha Garnett – Mobile Home Placement
- Applicant Teneasha Garnett, first-time homebuyer, sought a special use permit to place a mobile home on a 0.76-acre lot at 2 NC 33 East (zoned RA20 Residential-Agricultural). The property is in the 100-year floodplain. No opposition. The Board approved the request.
Item 5: Richard P. and Meridith Rizzuti – Multi-Purpose Center
- The applicants requested a special use permit to operate a multi-purpose center (Christian study center for college students) at 500 Elizabeth Street, 414 Latham Street, and 702 W. Fifth Street (zoned R6 Residential). The proposed use includes a study center and a parking lot on two adjacent vacant lots to alleviate street parking. Supporters, including volunteer Mary McCoy, spoke in favor. Opponent Elitra Squires, a resident at 412 Latham Street, testified that increased traffic and parking congestion since August 2022 had endangered access for emergency vehicles and negatively impacted her health. She submitted photographs. The Board granted her standing as a party. Due to Ms. Squires' recent bereavement (loss of her mother), the Board voted to continue the public hearing to February 23, 2023.
Item 6: Edwin Keith and Ashley-Nicole Russell (Cannon) – Appeal of Notice of Violation
- The applicants appealed a notice of violation issued on September 19, 2022, for an unpermitted freestanding sign at 2306 Charles Boulevard. The sign, measuring approximately 4'x5', displayed a law office logo. The property is zoned R15S Residential. Staff recommended denial. The applicant requested a continuance via email. The Board granted the continuance to February 23, 2023.
Discussion Items
- Transfer of Special Use Permit: Staff reported that Sure Foundation BHS, LLC, which had been granted a special use permit for a mental health day treatment program at 3219 Landmark Street, Unit 3A, could not occupy due to a fire. The Board approved transferring the permit to Unit 10A in the same complex, with a motion to allow the transfer without additional fees. The vote was unanimous.
Key Outcomes
- Approved:
- Approval of minutes (November 17, 2022 and December 15, 2022) – unanimous.
- Special use permit for Dawn Cox (child day care) with staff-recommended conditions – unanimous.
- Special use permit for Teneasha Garnett (mobile home) with conditions – unanimous.
- Transfer of special use permit for Sure Foundation BHS, LLC from Unit 3A to Unit 10A – unanimous.
- Continued to February 23, 2023:
- Public hearing for Richard P. and Meridith Rizzuti (multi-purpose center).
- Administrative appeal by Edwin Keith and Ashley-Nicole Russell (Cannon) (sign violation).
- Meeting adjourned after final motions.
Note: All votes were 6-0 unless otherwise noted. The Board operated as a quasi-judicial body under NC General Statutes.
Meeting Transcript
The January 26, 2023 meeting packet. Is there a motion for the approval of the minutes? All those in favor, please do so by saying is there a second to that motion? I'm sorry. Okay. It's made a motion by Mr. Hunt and second it by Mr. Lilly. All those in favor, please do so by saying aye. All those opposed, say nay. Motion has passed. Thank you. We will now call the cases as they appear on the agenda. Oh, I'm sorry. Sorry. Mr. Phillips. Yes, ma'am. Thank you, uh Madam Chair. The following applies to all evidentiary matters for consideration by the Board tonight. As stated on pages two and three of the meeting handout available to the public. The evidence to be considered by the Board of Adjustment is as follows. The Board of Adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition. The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body. Though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision making process. The board may not consider, nor is it admissible to present or offer affidavits, letters, or other writings in support of or in opposition to a matter before the board unless the person who prepared the writing is testifying. These writings are considered hearsay. Statements by a person, such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board. However, such an opinion may be admissible if it's made by an expert or by a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report. A layperson can give an opinion, but he or she must also present facts to show how the proposal affects his or her piece of property specifically and not just in a general way. A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or the application is hearsay and is not admissible. The same rule applies to both the applicant and those in opposition. Pursuant to North Carolina General Statute 160D 109, 160 D-406, and Section 4 of the Board of Adjustments Rules of Procedure. No member of the Board of Adjustments shall participate in either the discussion or vote on any special use permit, variance, or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker. Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind. An undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members. Decisions on either a request for recusal by member or objections by a person appearing before the board shall be decided by a simple majority vote. No board member shall take part in the hearing, consideration, or determination of any matter in which the board member is involved or has a financial or personal interest. Personal interest shall be defined as having a family member involved in the project under consideration, a neighborhood association involvement where a board member is on the governing body of such association, or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application. If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue. A majority vote of the remaining members present shall be required to excuse the member. No board member shall vote on any matter deciding an application or appeal unless he shall have attended the public hearing on that application or appeal. No board member shall discuss any case with any parties in interest prior to the public hearing on that case, provided, however, that members may receive and or seek information pertaining to the case from any other members of the board. If a board member has had an ex parte communication regarding any of the matters for consideration tonight, that needs to be disclosed at this time. To the board and members of the public. Please note that for a variance hearing, four-fifths vote of the board is required to grant a variance. For all other evidentiary hearings, the decision will be made by a simple majority vote of the board. The hearings tonight are quasi-judicial evidentiary hearings. That means that they are like court hearings.
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