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New Bern board issues special-use permit to Firefly Cafe after debate over appraisal evidence
Summary
After questioning whether county tax records suffice in place of a site-specific appraisal, the City of New Bern Board of Adjustment voted 5–0 Oct. 23 to issue special-use permit SUP003143-2025 to Firefly Cafe at 901 B Pollock Street, following testimony from the applicant and the property owner and a staff recommendation.
The City of New Bern Board of Adjustment voted unanimously Oct. 23 to issue a special-use permit to Firefly Cafe, allowing outdoor dining and beverage consumption at 901 B Pollock Street.
The vote followed an extended discussion over whether county tax-card records and a written staff statement could substitute for a site- and use-specific appraisal to meet the ordinance requirement that a proposed use not substantially injure the value of adjoining properties. Board counsel advised members that North Carolina statutory and case law require "competent evidence" on value and that lay testimony generally is not sufficient.
Staff presentation and applicant testimony framed the dispute. Assistant director of development services Robert Goff summarized the location, parcel size (approximately 0.55 acres), split zoning at the site, and staff’s position that Craven County tax records and staff review could be considered in this instance. Applicant Sean Ross and supporters said they had been told by city staff at prior meetings that appraisals were not required and that obtaining a paid appraisal would be a financial hardship. "We are just trying to live out a dream of over 20 years and bring something wonderful to 5 Points," one applicant said, urging approval.
Property owner Miss Adolf, sworn to testify, described long-term investment in the Pollock Street corridor and said prior businesses at the location (including Tap That and City Laundry) had included outdoor seating. "We have put in money and effort to revitalize this corridor," she said, asking the board to approve the permit to support ongoing redevelopment.
Board counsel (identified in the record as Jamie) told members they must state on the record what expert opinions they relied on if they found the county tax records competent evidence. Several members said staff’s written statement combined with the tax records was sufficient for this particular application, while acknowledging that the finding might not be appropriate in other cases.
On procedural votes earlier in the meeting, the board first voted 3–2 that the Firefly application was "complete" for processing. After deliberations on the ordinance criteria (public health and safety, effect on adjoining property values, location and character), the board voted 5–0 to issue the special-use permit SUP003143-2025.
The board approved the permit with conditions that the development comply with the submitted plan. The meeting record contains letters of neighboring-business support submitted by the applicant and statements from staff and the property owner. The board did not record a dollar amount for an appraisal (appraisal cost was not specified); staff said the city would not pay for a private appraisal because that would constitute a financial benefit to a private party.
The decision closes the Firefly Cafe item; the board moved other administrative policy items to a future meeting and adjourned the session.
