It's amazing.

Both how the body heals and things can get complicated.

The meeting will now come to order.

Welcome to the May 25th, 2023 meeting of the City of Greenville Board of Adjustment.

Ms.

Clerk, would you please call the role?

Shannon Evans.

Here.

Christopher Leely.

Here.

Ann Bellis.

Hunt McKinnon.

Here.

Nathan Cowen.

Ryan Perdle.

Daniel Worrell.

Here.

Tanya Foreman.

Here.

We have forum.

Thank you.

Mr.

Phillips, would you please let us know who the voting members are for the meeting tonight?

Good evening, Madam Chair, members of the board.

The voting members on agenda item section five, old business number three, are as follows.

Miss Evans, Mr.

Lilly, Miss Bellis, Mr.

Worrell, and Ms.

Foreman as to all other matters, the voting members present tonight are voting members for the remaining matters.

Okay.

Thank you.

Um Mr.

Phillips, you need to read your attorney statement.

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 a 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 is 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 present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

No member of the Board of Adjustment 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 effective 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 such a board member is on the governing body of such association or where the board member is involved in a conflict or dispute with an 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 a case from 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.

Hearing none.

To the board and to the 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.