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Record of Proceedings

Greenville Board of Adjustment Meeting - November 15, 2018: Special Use Permits for Tobacco Shop and RV Sales Facility

Board of Adjustment — Thursday, November 15, 2018
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, November 15, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:51

Good evening and welcome to the November 15th, 2018 meeting of the Greenville Board of Adjustment.

0:57

Madam Secretary, could you please call a roll?

1:01

Bill Johnson?

1:02

Here.

1:03

Rodney Bullock?

1:05

Here.

1:05

Michael Glenn.

1:06

Here.

1:07

Anne Bills.

1:08

Here.

1:09

Hunt McKinnon.

1:10

Here.

1:11

Christopher Lilly.

1:12

Here.

1:13

Sharon Evans.

1:14

Here.

1:15

Nathan Cowen?

1:16

Here.

1:17

Dylan Godley.

1:18

Here.

1:19

James Moret.

1:20

Here.

1:21

Stephen Atkinson.

1:26

Mr.

1:26

Chairman.

1:27

The voting members for tonight's meeting are Mr.

1:29

Johnson, Mr.

1:30

Glenn, Ms.

1:31

Bellis, Mr.

1:32

McKinnon, Mr.

1:33

Lilly, Mr.

1:34

Moretz, Mr.

1:35

Bullet, Ms.

1:36

Evans, Mr.

1:37

Cohen, Mr.

1:38

Godley, and Mr.

1:39

Atkinson are not voting members but are allowed to participate in the discussions and are allowed to ask questions.

1:46

All right.

1:47

Thank you.

1:49

Do I hear a motion to approve the matter for the last meeting?

1:51

So moved.

1:52

Second.

1:53

Second.

1:53

All in favor?

1:55

All right.

1:55

Mm-hmm.

1:57

Mr.

1:57

Phillips, would you please remind the public of the general procedure and voting requirement?

2:02

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.

2:10

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.

2:21

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.

2:30

Though the rules of evidence are relaxed, it does not mean that they are ignored.

2:34

Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision-making process.

2:42

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.

2:57

These writings are considered hearsay.

3:00

Statements by a person such as, in my opinion, this application will create a traffic hazard is not an admissible opinion and may not be considered by the board.

3:10

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.

3:27

A lay person can give an opinion, but he or she also must present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

3:40

A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible.

3:50

The same rule applies to both the applicant and those in opposition.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████████████30%
Alcohol Regulation███████████████████19%
Public Safety██████████████14%
Parking Management█████████████13%
Legal Procedure████████8%
Procedural██████6%
Cannabis Regulation████4%
Traffic Management████4%
Public Works██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting - November 15, 2018

The Greenville Board of Adjustment met on November 15, 2018, to hear two special use permit requests. The first was from Motahar Abdu to operate a tobacco shop class two at 917 Red Banks Road. The second was from Camping World Property Inc. to operate an automobile, truck, recreational vehicle, motorcycle, and boat sales and service facility at 111 Red Banks Road.

Consent Calendar

  • The board unanimously approved the minutes from the previous meeting.

Public Comments & Testimony

Tobacco Shop (Case 1)

  • Applicant Motahar Abdu stated he sought a class two permit to avoid restrictions on inventory (tobacco products exceeding 20% of stock) and window advertising (advertisements exceeding 40% of window space), and to secure a half-mile protected territory. He asserted he would not sell hookah pipes, water bongs, or similar smoking apparatus, and intended to operate a convenience store serving neighboring businesses and their customers.
  • Opponents (business owners and tenants in Arlington Village Shopping Center) raised concerns:
    • Scott Mueller (Clean Eats): Parking is already tight at lunch and during events; a high-volume retail use would exacerbate congestion. Expressed concern that the clientele attracted by class two products would not fit the shopping center’s character and could lead to loitering.
    • Lauren Dishman (Monkee's of Greenville): Recalled a previous tobacco shop in the center that brought loitering and safety issues; worried about employees’ safety when leaving at night.
    • Ron Snyder (Electronic Solutions): Described limited parking (3 spaces per business) and a narrow alley; feared delivery trucks and increased traffic would cause bottlenecks and safety hazards.
    • Tammy Wright (So Right, 803 Red Banks): Stated 98% of her customers are women; safety is a major concern, especially after dark. Cited a past business that rented space for parties and caused noise, litter, and police calls.
    • Burt Wright (So Right): Emphasized that anything causing hesitation for women (especially those with children) leads them to shop online instead. Argued the class two products would attract a clientele inconsistent with the upscale, family-oriented shopping center.
    • Normon Wichard (owner of 801 Red Banks): Noted the irony of issuing a special use permit for a tobacco shop at a time when public policy actively discourages smoking.
  • Attorney Jack Brock (representing Arlington Village POA and business owners) argued that the petitioner failed to prove the use would not adversely affect surrounding uses, citing parking shortages, incompatibility with existing businesses, and past crime issues.

RV Sales Facility (Case 2)

  • Applicant Michelle Clements (East Group) stated the site (former Overton's building) would be converted into a Camping World dealership with RV sales, service, and storage. All maintenance would occur inside; only exterior washing in a canopied area. Storage of RVs would be fenced behind buffer yards with no impact on neighbors.
  • Michael Overton (former property owner) spoke in favor, noting the family’s support and that the site had previously sold boats and jet skis, so the use is consistent.
  • No one spoke in opposition.

Discussion Items

Tobacco Shop (Case 1)

  • Board members discussed the discrepancy between the application (class two allowing sales of water pipes, etc.) and the applicant’s stated intention not to sell those items.
  • Staff noted that while the city vetted the application, the decision is the board’s; staff recommended conditions: no hookah lounge, no loitering.
  • Board debated whether to add conditions. A motion for an annual review process failed on a tie vote (5-5).
  • A motion to restrict the class two permit by prohibiting the sale of water pipes, hookah pipes, bowls, water bongs, and similar products was approved.
  • Board then approved the petition with the added condition.

RV Sales Facility (Case 2)

  • No discussion or objections. Board accepted findings of fact and approved the petition with staff’s recommended conditions.

Key Outcomes

Tobacco Shop (Case 1) - Approved with Conditions

  • Vote: The board voted 8-3 (with three non-voting members present) to approve the special use permit with the following conditions:
    • The use cannot operate as a hookah lounge.
    • No loitering permitted outside the business.
    • The applicant is prohibited from selling water pipes, hookah pipes, bowls, water bongs, or similar products defined under class two.
  • The decision will be reduced to writing and signed at the next regularly scheduled meeting (December 20, 2018).

RV Sales Facility (Case 2) - Approved Unanimously

  • Vote: Unanimous approval with staff’s recommended conditions:
    • RVs shall be stored at the rear of the principal structure.
    • The use shall not operate as a junkyard or graveyard.
    • RVs and accessory uses shall not be parked or stored within setbacks, buffer yards, or obstruct vehicular traffic.
  • The permit is effective once reduced to writing and signed by the chair.

Meeting Transcript

Good evening and welcome to the November 15th, 2018 meeting of the Greenville Board of Adjustment. Madam Secretary, could you please call a roll? Bill Johnson? Here. Rodney Bullock? Here. Michael Glenn. Here. Anne Bills. Here. Hunt McKinnon. Here. Christopher Lilly. Here. Sharon Evans. Here. Nathan Cowen? Here. Dylan Godley. Here. James Moret. Here. Stephen Atkinson. Mr. Chairman. The voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Ms. Bellis, Mr. McKinnon, Mr. Lilly, Mr. Moretz, Mr. Bullet, Ms. Evans, Mr. Cohen, Mr. Godley, and Mr. Atkinson are not voting members but are allowed to participate in the discussions and are allowed to ask questions. All right. Thank you. Do I hear a motion to approve the matter for the last meeting? So moved. Second. Second. All in favor? All right. Mm-hmm. Mr. Phillips, would you please remind the public of the general procedure and voting requirement? 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.

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