Greenville Board of Adjustment Meeting – July 25, 2019

The Greenville Board of Adjustment met on July 25, 2019, to consider several special use permit requests. The agenda included a withdrawal of a previous request, and public hearings on a fraternity/sorority house, a cosmetic tattooing business, a home-based beauty salon, a drop-in child care center, and a private convention center. The board voted on each item following extensive discussion, testimony, and staff recommendations. All votes were recorded, with the fraternity/sorority house application receiving the most debate.

Consent Calendar

• A request for a special use permit by Mr. Is Memsey was withdrawn by the applicant. The board voted unanimously to remove the item from the agenda.

Discussion Items

1. Special Use Permit – Fraternity/Sorority House at 418 West 5th Street (Applicant: William Davis)

• Staff Presentation: City planner Marian Blunt presented the request. The property is a vacant eight-unit apartment building (7,512 sq. ft.) on a 0.65-acre lot zoned CDF (Commercial Downtown Fringe). The applicant proposed maintaining 24 residents (up to 30 allowed by code). Staff recommended conditions including: one driveway access, parking equivalent to one space per resident, occupancy not exceeding the maximum allowed by dimensions, noise ordinance compliance, an adequate buffer (fence/vegetation) on sides and rear, dumpster screening, and fraternal activities ending by 12:00 a.m. Sunday–Wednesday and 1:00 a.m. Thursday–Saturday. The use must also comply with all federal, state, and local laws, including ECU regulations for student organizations.
• Applicant’s Position: Attorney Phil Dixon and property owner Joe Davis argued in favor. They noted the applicant owns multiple properties in the area and is investing in renovations (e.g., the adjacent fraternity house at 422 West 5th Street, which increased in appraised value from $187,000 to $750,000). They emphasized that without the special use permit, the building could still be rented to the same number of students but without the additional oversight provided by a recognized fraternity/sorority. They stated that the proposed use would bring regulation and self-policing among Greek organizations. They offered to install an eight-foot fence on the vacant lot adjacent to the residential property.
• Supporting Witnesses:
  • Dr. Lewis Warren (ECU faculty, advisor to seven fraternities) testified that Greek organizations benefit from structure and accountability, and that living in a designated house allows better supervision.
  • Scott Dixon (neighbor and son of attorney) stated that concentrating Greek life in one area would reduce scattered, unregulated parties in the grid.
  • Joe Davis confirmed he would require a national charter for the fraternity/sorority and would use crime-free lease addendums.
• Opposition:
  • Walter Council (410 West 5th Street, resident of 41 years) testified that he already has three Greek houses within two-tenths of a mile and that the area would potentially have seven if all of Mr. Davis’s properties become fraternities. He described problems with noise, urination, and vandalism from Greek-associated students.
  • John O’Brien (408 West 5th Street, ECU professor) reported a recent attempted break-in by a sorority student and cited general fear of increased fraternity presence.
  • Mildred Council (former Greenville City Council member, 22 years) stated that the City Council in 2009 voted to allow no more sorority houses in West Greenville and that the area was part of the 45-block revitalization plan. She argued that the concentration of Greek houses diminishes quality of life and property values.
• Staff Rebuttal: Ms. Blunt noted that the appraisal presented was for 422 West 5th Street, not the subject property, and that a proposed common area was not previously discussed. Staff recommended a possible continuance to vet the 2009 council action, but the applicant opposed.
• Board Deliberation: The board discussed the legality of the alleged 2009 council action, with staff and attorney uncertain of its existence. The board decided to proceed without a continuance. On the criteria vote (subsection D – detriment to public welfare), the board voted 5-2 that the proposed use would not be detrimental. Mr. McKinnon and Ms. Bellis voted no, citing potential increased traffic and disruption to the peace of permanent residents. The board then voted to approve the special use permit with staff-recommended conditions, including a hard cap of 24 occupants (though the code allows up to 30). The board also directed the attorney to draft a written decision for the next regular meeting on August 22, 2019.

2. Special Use Permit – Cosmetic Tattooing/Microblading at 150D East Fire Tower Road (Applicant: Sarah McCarn)

• Staff recommended approval with conditions: obtain a health department permit, comply with sanitation and biohazard disposal laws, and limit services to cosmetic tattooing/permanent makeup only. The applicant explained her business would be quiet and restorative. No opposition was heard. The board unanimously approved the findings of fact and the petition with conditions.

3. Special Use Permit – Beauty Salon Home Occupation at 1102 Dickinson Avenue (Applicant: Michael White)

• The property was converted from a duplex to a single-family dwelling earlier in 2019, making a home occupation now permissible. Staff recommended conditions. The applicant stated he operates a single-chair salon called Mike’s Hair Studio. No opposition. The board unanimously approved the petition with staff conditions.

4. Special Use Permit – Drop-in Child Care Center at 1876 West Arlington Boulevard (Applicant: Betty Hilliard)

• The applicant described a drop-in service for parents who want to attend school, work, or social events. The center would be open 9:00 a.m. to 9:00 p.m. Monday–Thursday and until 10:00 or 11:00 p.m. on weekends (by appointment). Staff recommended conditions: compliance with NC General Statutes for drop-in care, a prohibition on evolving into a full child care facility without a new permit, and all activities to remain indoors. No opposition. The board unanimously approved.

5. Special Use Permit – Private Convention Center at 3511 North Memorial Drive (Applicant: Tula May Garris)

• The applicant sought to use 1,700 sq. ft. of a 10,080 sq. ft. building for events such as birthday parties, baby showers, and receptions. Staff recommended conditions including: a 12:00 a.m. closing time, a licensed security guard on site, and noise limits of 65 dBA (7 a.m.–11 p.m.) and 60 dBA (11 p.m.–12 a.m.). The applicant requested modifications: extend closing to 2:00 a.m. and remove the security guard requirement, arguing that future events would be for older adults and that the building is soundproof. Neighbor Michael Morgan testified he had never experienced noise problems. The board voted to approve the findings of fact with modified conditions: closing time changed to 2:00 a.m., noise limits extended to 2:00 a.m. (with the same decibel levels, unless otherwise permitted by city code), and the security guard condition eliminated. The petition was then approved with those modifications.

Key Outcomes

• Fraternity/Sorority House (418 West 5th Street): Approved with staff conditions and a 24-person occupancy cap, contingent on a national charter. The board directed the attorney to draft a written decision for the August 22, 2019 meeting. (Vote on criteria D: 5-2; final approval: passed.)
• Cosmetic Tattooing (150D East Fire Tower Road): Approved unanimously.
• Beauty Salon (1102 Dickinson Avenue): Approved unanimously.
• Drop-in Child Care (1876 West Arlington Boulevard): Approved unanimously.
• Private Convention Center (3511 North Memorial Drive): Approved with modified conditions (closing at 2:00 a.m., no security guard requirement, noise limits extended to 2:00 a.m.).

All decisions were based on evidence presented during the quasi-judicial hearings, with the board acting as a quasi-judicial body.