[1. Call to Order]
[00:00:06]
I CALL THE JULY MEETING OF THE BOARD OF ADJUSTMENT, THE CITY OF NEW BERN TO ORDER SETH, IF YOU DO A ROLL CALL, PLEASE.
JOHN RIGS HERE, JOHN MURAL KIT.
JONATHAN FOSTER AND ROSS BABY.
WE HAVE A QUORUM IN THE ABSENCE OF MR. PARAGUAY.
I'LL BE CHAIRING THE MEETING TONIGHT.
[3. Approval of Minutes]
NEXT ITEM IS APPROVAL OF THE MINUTES OF APRIL 26TH, 2021.WERE THERE ANY CORRECTIONS TO THOSE MINUTES? HEARING THOSE MINUTES ARE ADOPTED.
SETH, DO YOU WANT TO INTRODUCE THE, UM, WE NEED TO MAKE A MOTION TO ADOPT THE MINUTES.
THE MINUTES ARE APRIL 26TH, 2021 OR APPROVED SOUTH.
[4. New Business]
DO YOU HAVE ANY ENTERED DOCTORY REMARKS? UM, WELL I CAN GO THROUGH THE DESCRIPTION OF THE REQUEST HERE RIGHT NOW.ANYONE WHO WISHES TO MAKE ANY COMMENTS TONIGHT, PLEASE COME FORWARD TO BE SWORN IN OR AFFIRMED.
UH, MR. CHAIRMAN PRO 10 MEMBERS OF THE BOARD.
AND WE'RE NOT READY FOR THAT YET.
WE'LL GET TO YOUR PUBLIC COMMENTS IN JUST A MOMENT.
NEW BUSINESS FOR NIGHT, WE'RE HERE TO CONSIDER A SPECIAL USE PERMIT REQUEST FOR ART STUDIO WITHIN A BUILDING, HAVE A HEADING A GROSS FLOOR AREA OF NOT AN EXCESS OF 3,500 SQUARE FEET, WHICH IS USED COAST CODE 5.3 10.
LOCATED AT 2,105 COUNTRY CLUB DRIVE.
THE PROPERTY IS FURTHER IDENTIFIED AS CRAVEN COUNTY PARCEL IDENTIFICATION NUMBER EIGHT DASH OH THREE NINE DASH 4 0 0 1.
OKAY, CHEF, WOULD YOU LIKE TO REVIEW THE PROJECT? THANK YOU FOR THE INTRODUCTION, MR. CHAIRMAN.
BOARD MEMBERS AGAIN ARE AFRICANS DYNAMITE WITHIN THE PROPERTY AT 21,500 CLUB ROAD.
IT'S THE AREA HERE? THIS IS THE SITE OF THE FORMER, UM, BETHANY BAPTIST CHURCH.
AND THIS PROPERTY IS IN OUR 10 ZONING DISTRICT REQUIRES A SPECIAL USE PERMIT.
THE APPLICANT WENT THROUGH SUCCESSFULLY WITH, UH, THE DESIGN REVIEW COMMITTEE.
UM, WE HAD SOME MINOR CHANGES WITH SCREENING APARTMENTS, A LITTLE BIT WITH THE DRIVEWAY AND ALL THOSE REMAIN.
SO THE APPLICATION IS FOR, UM, AN ART PRIVATE ART STUDIO, WHICH SHOULD COME AS A 5.310 AND THE TABLE OF USES, WHICH IS A SPECIAL USE PERMIT IN OUR 10 DINING DISTRICT PROPERLY WAS THE PROPERTY WAS PROPERLY POSTED.
SEE THE PRIMARY STRUCTURE THERE IN THE BACKGROUND.
UM, SO AGAIN, IT WENT THROUGH THE DRC AND WAS COMMITTED OR APPROVED THROUGH THE JUNE 11TH 21 MEETING STAFF FINDS THAT THE PRICE PROJECT IS CONSISTENT WITH ALL THE PLANS, RULES, AND REGULATION OF THE CITY OF NEW BERN WITH NO FURTHER CHANGES, UM, STAFF RECOMMENDS OR, OR HAS NO
[00:05:02]
OBJECTION TO APPROVAL OF THE APPLICATION.SO CERTAINLY IF YOU'D IDENTIFY YOURSELF, IT WAS YOUR ADDRESS.
EXCUSE ME, FOR GETTING AHEAD OF THE PROCESS A LITTLE BIT.
THIS IS THE FIRST TIME WE'VE APPLIED FOR A SPECIAL USE PERMIT.
SO I WASN'T FAMILIAR WITH PROCESS.
NAME IS DON EDLUND AND, UH, MY ADDRESS IS 2 0 0 1 HIDES CORNER HERE IN NEWBURGH.
UM, AND AS I SAID, THIS IS MY WIFE BACK.
UM, I, WE ARE MAKING APPLICATION FOR A SPECIAL USE PERMIT.
UH, THIS BUILDING WAS BUILT IN 1999, OCCUPIED IN 2000 BY A CHURCH, UH, HAS BEEN USED IN THIS AREA AS A CHURCH CONTINUOUSLY SINCE THEN, UH, AT LEAST UNTIL HURRICANE FLORENCE, UH, THE CHURCH WAS IMPACTED THE FLOOD AND HURRICANE FLORENCE AND THE CONGREGATION SORT OF FRAGMENTED, UM, HAS NEVER REALLY, UH, RESTORED ITSELF.
UH, THE PROPERTY, UH, BECAME AVAILABLE.
UH, MY WIFE IS A RETIRED PUBLIC SCHOOL ART TEACHER.
UM, HER PASSION IS ART AND RIGHT NOW SHE'S VERY MUCH INVOLVED IN POTTERY.
UH, SHE DOES POTTERY HAS A NUMBER OF FRIENDS THAT SHE DOES POTTERY WITH 110 TO USE FOR THIS PROPERTY IS TO CONVERT IT INTO AN ART STUDIO WHERE SHE'LL PRODUCE PROPERTY.
UM, WE, UH, TRIED TO BE RESPECTFUL TO THE NEIGHBORS AND COMMUNICATED WITH ALL OF THEM AND BE OPEN WHAT OUR INTENT IS, SO THAT IF ANY OF THEM HAD ANY OBJECTIONS, UH, THEY'D LET US KNOW.
WE WOULDN'T WANT TO MAKE ANY NEWS THAT WAS INCONSISTENT WITH ANYTHING THE NEIGHBORS WERE NOT SUPPORTIVE OF AS FAR AS WE KNOW, UH, EVERYBODY IS, IS SUPPORTIVE OF IT.
UM, UH, THE NEIGHBOR THAT WE'VE HAD MOST CLOSE CONTACT WITH SIMPLY ASKED US THE QUESTION, WILL YOU HAVE ANY LOUD PARKS? AND OUR ANSWER WAS, WELL, WE DON'T THINK SO.
HER RESPONSE WAS WELL, IF YOU DO, I WANT TO BE THE FIRST ONE INVITED, UH, WHICH IS A GOOD WAY TO START, UH, NEIGHBORS.
UM, UH, WE APPRECIATE MR. ROCHLIN HELPING US THROUGH THE APPLICATION PROCESS.
HE HAS BEEN EXCEPTIONALLY HELPFUL.
THIS ISN'T THE FIRST TIME WE'VE DONE THIS AND WE NEEDED ALL THOSE PROPERTIES BEING USED AS A CHURCH FOR 20 YEARS TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S ORDINANCES, WHICH, UH, WORKING WITH HIM WE'VE BEEN ABLE TO DO.
UM, THERE IS ONE ASPECT OF THE MODIFICATIONS THAT, UH, WE'D LIKED TO HAVE QUALIFIED, UH, AND THE ASPECT IS, HAS TO DO WITH THE SCREEN ON THE PROPERTY.
UH, THERE'S SPRAINING THAT WILL ADD, UH, KRAMER VEGETATION TO EITHER SIDE SO THAT WE DON'T CREATE DIFFICULTY WITH EITHER OF THE SIDE NEIGHBORS.
THIS PROPERTY ALSO HAS A HOME THAT IS LOCATED AT THAT LANDLOCKED HOME THAT USES THE SAME DRIVE, UH, BEHIND IT.
THE FRONT YARD OF THAT HOME IS VERY SHALLOW.
WE HESITATE TO INSTALL SCREENING THAT BOXES THAT NEIGHBOR IN.
SO WHAT WE WANT TO BE ABLE TO DO IS GET THE NEIGHBOR'S WISHES AND IF SHE WISHES NOT TO HAVE THEM THERE, WE'D LIKE FOR THE BOARD AND THE CITY HAVE TO ALLOW US NOT TO INSTALL THEM BECAUSE IT WOULDN'T MATTER TO US.
WE WOULDN'T WANT TO MAKE HER PROPERTY LESS ATTRACTIVE TO HER RIGHT NOW.
SHE CAN HER, SHE HAS A DECK AND SHE SEES THE WIDE RANGE.
IF WE SCREENED IT OFF, WE'RE CLOSE HER.
SO WE'RE CONCERNED ABOUT THAT.
AND WE'D LIKE TO HAVE AN EXCEPTION FOR THAT.
UM, UH, WE'RE EXCITED ABOUT THE PROJECT.
IT'S NOT COMMERCIAL, IT'S NOT INDUSTRIAL, IT'S NOT RETAIL.
IT WILL BE FOR THE QUIET USE OF A HANDFUL OF ARTISTS THAT, UH, IF YOU THINK ABOUT IT FOR A MINUTE, YOUR SANCTUARY SPACE IN CHURCH IS A PERFECT SPACE FOR AN ART STUDIO BECAUSE IT'S WIDER.
UM, WE APPRECIATE THE OPPORTUNITY TO ADDRESS THE BOARD, UH, TONIGHT.
I APPRECIATE YOUR CONSIDERATION.
HAPPY TO ANSWER ANY QUESTIONS THAT ANYONE OF YOU MIGHT HAVE.
UM, I'LL ASK YOU MAYBE JUST TO STAY THERE SO YOU DON'T HAVE TO PROP UP AND DOWN.
UM, THE NEXT SEGMENT WILL BE SIX QUESTIONS.
SOME OF THOSE SETH MIGHT ANSWER, OR WE'LL ASK YOU TO MAKE A COMMENT ABOUT THEM AND THEY RELATE TO THE SPECIAL, THE FINDINGS OF A SPECIAL USE PERMIT.
WE'LL ASK THOSE QUESTIONS NOW LATER ON, OR WE'LL GO THROUGH THEM AGAIN AND ACTUALLY VOTE ON THEM AS A BOARD.
[00:10:03]
STEP ONE IS THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION, ACCORDING TO THE TABLE OF PERMISSIBLE USES AND SETH AFFIRMED THAT THE APPLICATION IS COMPLETE.IF ANYONE HAVE ANY OBJECTIONS TO THE COMPLETENESS.
THIRD ONE IS IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
I SAID THAT REVIEW ANY OTHER QUESTIONS OR COMMENTS? OKAY.
THE USEFUL, NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED, ACCORDING TO THE PLAN AS SUBMITTED.
IT WILL NOT, UH, H SHOULD BE A LESS INTRUSIVE USE OF THE BUILDING THAN THE CHURCH WAS IN TERMS OF EFFECTING ACTIONS UP HERE.
THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF A JOINING OR A BUDDING PROPERTY.
WE WOULD HOPE THAT IT WOULD IMPROVE THE VALUE THAT'S IN OUR, THAT'S HOW WE TAKE CARE OF OUR PROPERTY.
AND THE USE IS, I BELIEVE IN CONCUR IS NOT A PUBLIC NECESSITY.
WE DON'T NEED TO REVIEW THAT THE LOCATION AND CHARACTER OF THE USE IF DEVELOPED, ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT HAS TO BE LOCATED.
AND IN GENERAL, CONFORMITY WITH A PLAN OF DEVELOPMENT OF THE CITY, WE BELIEVE THAT IT WILL, UH, AND INTEND TO TAKE CARE OF THE PROPERTY IN A WAY THAT IT IS HELPFUL TO THE, OKAY.
IF THERE'S ANY COMMENTS BY BOARD MEMBERS, IT'S CONFIRMED A SPECIAL USES, ALLOWED IN AN ARTS.
AND ARE THERE ANY COMMENTS BEFORE WE MOVE ON BOARD MEMBERS? AND I ASSUME NO ONE WAS HERE TO SPEAK IN FAVOR OR AGAINST IT.
IS THERE A MOTION TO CLOSE THE PUBLIC COMMENTS? MR. CHAIRMAN? I MOVED THAT.
NOW WE'LL CONSIDER EACH OF THE SIX REQUIREMENTS FOR VOTING.
YOU CAN SEE YOU'RE WELCOME TO SIT DOWN NOW IF YOU'D LIKE, I MIGHT'VE MISSED.
I APPRECIATE YOUR TIME BEFORE WE DO.
WERE THERE ANY QUESTIONS APPLICANT CLEAR UP BEFORE WE PROCEED? I JUST WENT IN THERE.
UM, I KNOW THAT WHEN I READ IT IN THE CHURCH, I KNOW IT WAS THE CHURCH.
I NOTICED THEY HAD ONE ROLL ON TWO.
IT IS THERE'S ANOTHER ROAD GOING TOWARDS THE HOME.
THAT'S IN THE BACK, WAS GOING TO THE CHURCH.
AND THEN I NOTICED WAS A HOME IN THE BACK.
HOW TO IN, YOU KNOW, THERE WAS ANOTHER GOAL FOR THE HOMELESS.
YES, MA'AM, IT'S A VERY GOOD QUESTION.
UH, THE HOME AND THE CHURCH SHARE A DRIVEWAY.
ONE OF THE MODIFICATIONS THAT WE WILL MAKE TO THE CHURCH IN CONNECTION WITH THE SPECIAL USE PERMIT IS WE'LL WIDEN THAT SO THAT WHEN CARS ARE PARKED AT THE CHURCH, THAT ROAD DOESN'T GET BLOCKED OFF AND THEY'LL STILL BE ACCESS.
WE'LL BE IMPROVING THE ROAD AS IT SITS TODAY, THAT'S CORRECT.
IT'LL BE, IT'LL BE, IT'LL GO FROM WHAT? A 12 FEET TO 24 FEET WIDE.
WILL THAT DRIVEWAY BE PROTECTED BY AN EASEMENT? UH, IT HAS AN EASEMENT THAT GOES INTO THE PROPERTY THAT IS BEHIND IT NOW.
SO IT STARTED THE THAT'S CORRECT.
NOW THESE MINUTES ON THAT SMALL BOARD IS READY.
I JUST WANT TO ASK YOU MORE QUESTIONS.
I CALL IT A GAS TANK OR THE HAMMOND.
I CAN STOP WHEREVER YOU WANT TO CALL IT THAT.
WE'LL PROBABLY EVENTUALLY CHANGE IT TO ELECTRIC HEAT AND, UH, ABANDONED THE PROPANE TANK.
IT'S THE, UH, BELONGED TO THE CHURCH, TO THE BUILDING.
LET'S READ, PROCEED TO THE VOTE.
AND IF THE BOARD WOULD CONSIDER EACH OF THESE FINDINGS, NUMBER ONE, THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION.
ACCORDING TO THE TABLE OF PERMITTED USES, DO I HAVE A MOTION, MR. CHAIRMAN, I WOULD MAKE A MOTION THAT WE FIND THAT THE REQUESTED PERMIT IS WITHIN THIS JURISDICTION.
ACCORDING TO THE TABLE, PERMISSIBLE USERS,
[00:15:01]
ALL THOSE IN FAVOR, LOCAL RICHARD PARSONS THEATER DOING JIM MORRISON, JOHN RIGS, ROBERT SAMSON.NUMBER TWO, THE APPLICATION IS COMPLETE.
I HAVE A MOTION THAT WE FOUND THE APPLICATION TO BE COMPLETED.
SECOND, ALL THOSE IN FAVOR? SO RICHARD PARSONS AND I, PETER DYLAN.
HI, JIM MORRISON ON RIGS WHILE SAMSON FOR SOME PASSES.
NUMBER THREE, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
I MAKE A MOTION THAT WE FIND THAT IF THE PROJECT IS COMPLETED DESPERATE PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
THE ROLL CALL, THE WIND RICHARD PARSONS THEATER, DYLAN I JIM MORRISON, JOHN RIGS, BARBARA SAMSON, OCEAN STATUSES.
AND NUMBER FOUR, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
IF LOCATED WHERE PROPOSED DEVELOPED, ACCORDING TO THE PLAN IS SUBMITTED.
DO I HAVE A MOTION? SECOND ROLL CALL.
UH, PETER DYLAN, JIM MORRISON, JOHN RIGS, ROBERT SAMSON, MY RECENT PAST NUMBER FIVE.
THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR BUDDING PROPERTY.
DO I HAVE A MOTION? I MOVE THAT.
WE FIND THAT THE MUSICAL NOT SUBSTANTIALLY RELATE TO THE VALUE OF JOINING SECOND ROLL CALL PLEASE.
PETER DYLAN MORRISON, SEAN RIGGS.
AND THE FINAL NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE.
IF DEVELOPED, ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED.
WE'LL BE IN HARMONY WITH THE AREA IN WHICH IT NEEDS TO BE LOCATED.
AND IN GENERAL CONFORMITY WITH A PLAN OF DEVELOPMENT IN THE CITY, WE HAVE A MOTION, MR. CHAIRMAN, I VOTE THAT.
WE FIND THAT THE LOCATION AND CHARACTER AND THE USE IF DEVELOPED, ACCORDING TO THE PLAN AS SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IS TO BE LOCATED.
AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY SAID, RICHARD PARSONS HERE, DYLAN MORRISON RIGS ROBINSON'S MOTION PASSED.
I HAVE A MOTION TO APPROVE OR DENIED THE SPECIAL USE PERMIT.
WE APPROVE THE SPECIAL PERMIT.
I SECOND THAT ROLL CALL PLEASE.
JIM MORRISON, JOHN RIGS, ROBERT SAMSON, AND PASSES.
ARE THERE ANY CONDITIONS THE APPLICANT HAS ASKED? AND I HAVE SOME WORDING HERE FROM THE CITY.
THE APPLICANT HAS ASKED FOR A CONDITION QUOTE OF REQUIRED VEGETATED SCREENING SHOWN TO THE NORTH AND EAST PROPERTY LINES ON THE APPROVED SITE PLAN SHALL BE INSTALLED WITHIN 30 DAYS OF THE REQUEST TO DO SO BY CITY STAFF.
MEANING IT'S NOT GOING TO BE PART OF THE INITIAL PROJECT, BUT COULD BE IN CITY STAFF REQUESTS.
WE NEED A ROLL CALL ON THAT ONE.
SO THAT CONDITION IS APPROVED ANY FURTHER BUSINESS, IF NOT, IS THERE A MOTION TO ADJOURN? SECOND, ALL THOSE IN FAVOR, MOTION THROUGH MEETING.