April 2025 Public Hearing

Village of St. Helena Minutes of a Public Hearing Before and a Special Meeting of the Village Council Held on April 17, 2025 The Hearing and Meeting were called to order by Mayor Robert Barnhill. Present, in addition to the Mayor, were Council Members Neal Benton, Carey Childress, Shirley Jacobs, Judith Katalinic and Gerald Velie, who constituted a quorum. Also present were the Applicants for a Special Use Permit, Brian Riportella and Holly Riportella. Robert H. Corbett, Village Attorney appeared for the Village. Received into evidence were, the Application of the Applicants, the certification of notice of the hearing by publication and mailing by Mr. Corbett, the waiver of notice by Mr. William Hunter (a property owner within the 150-foot radius of the property which is the subject of the hearing) and the Village Planner’s report. No objection was made to the notice or the conduct of the hearing or any evidence received. It was noted that the (1) the Planner had not informed the Applicants that their application was incomplete and (2) the Village Planning Board had considered the Application and made its recommendation of issuance of the Special Use Permit. It was announced that, in accordance with Section 3.6(G) of the St. Helena Unified Development Ordinance (hereinafter, “the Ordinance”), a completed application having been submitted, the burden of presenting evidence sufficient to allow the Council to conclude that the application should be denied for any reasons stated in Section 3.6(C) of the Ordinance, was upon the party or parties urging that position. The Mayor then asked whether anyone wished to present testimony or other evidence opposing the Application. None forthcoming, the Mayor asked whether there was any further testimony or evidence to be presented. No further testimony or evidence was offered. Whereupon, the Council heard closing arguments. After closing arguments, the hearing was closed upon motion by Mr. Velie, seconded by Mr. Childress. By consensus the Council moved to consideration of the issuance of the Special Use Permit. Based upon the record, the evidence presented and the arguments made, the Council found as fact: 1. 2. 3. 4. The Applicants are the owners of the parcel, within the Village of St. Helena, assigned Parcel Identifier Number 3228-31-1958-0000 by the Pender County Assessor; The Applicants are authorized under the Unified Development Ordinance to apply for a Special Use Permit; The intended use, sought by the Applicants to be permitted is, to expand the horse training from the adjacent property onto the subject property; The activities thereon would consist of training, riding, exercising, and grooming horses; 5. 6. 7. 8. 9. 10. 11. The use would entail the construction of fenced grazing paddocks, turn out shelters for horses, and a metal building to contain hay, grain and horse tack; The foregoing construction is to be in accordance with the site plan contained in the Application; The applied-for use is not specifically listed as a permitted use in Section 5 of the Ordinance; The use does not require a state air permit or local Significant Industrial User Pretreatment certificate; The use will not alter the average daily traffic or characteristics of vehicular traffic; The use will not result in a change in the current noise level: and, The distances to the nearest occupied dwelling unit and residentially-zoned parcel are as in the Application. Based upon the above findings of fact, the Council concluded that: 1. 2. 3. 4. 5. The use in the Application will not materially endanger the public health, safety, or general welfare in the Village of St. Helena if on that property assigned Parcel Identification Number 3228-31-1958-0000 and the development of the use is according to the plan submitted; The use meets all required conditions and specifications in the Ordinance or as recommended by the Planning Board; The use will not adversely affect the use of or any physical attribute of adjoining or abutting property; The location and character of the use, if developed according to the plan as submitted, will be in harmony with the area and in general conformity with the St. Helena Comprehensive Land Use Plan; and, The use, as applied for, would not require any special specifications as to size, intensity or location. Based upon foregoing conclusions, the Planning Board’s recommendation and the Planner’s report, the Council voted to issue the Special Use Permit, as applied for by the Applicants, upon motion by Mr. Velie, seconded by Mr. Benton. There being no further business, the hearing and the meeting stood adjourned. Respectfully submitted, Mary D. Bakan Interim Village Clerk