Greenville Board of Adjustment Meeting – September 3, 2019

The Greenville Board of Adjustment met on September 3, 2019, at 11:00 AM to conduct public hearings on two special use permit requests and to approve prior meeting minutes and a written decision from an earlier hearing. The meeting was chaired by the Board Chairman (not named). All voting members were present.

Meeting Opening and Minutes Approval

• The meeting was called to order. Members present: Bill Johnson, Rodney Bullock, Michael Glenn, Ms. Bellis, Hunt McKinnon, Dylan Godley, James Moret, Nathan Cohen, Christopher Lilly, Sharon Evans, Stephen Atkinson. All were voting members for the evening. The Board approved the minutes from the last meeting with one correction: Ms. Bellis was listed as a voting member on page 1, and a heading on page 3 was changed from "New Business" to "Old Business." The minutes were approved with that correction.
• Mr. Phelps (board attorney) read the standard quasi-judicial procedures, including rules on evidence, ex parte communications, conflicts of interest, and voting requirements. He noted that affidavits or letters are not admissible unless the author testifies, and that opinions must be based on facts or expertise.

Public Hearing: Inkville Tattoos Special Use Permit

• Application: Inkville Tattoos (owner James Venson) requested a special use permit to operate a tattoo and piercing studio at 714 SE Greenville Boulevard within the Greenville Mall (tax parcel 04188). The unit is approximately 3,440 sq ft (former Jimmy Jazz location). The property is zoned CG (General Commercial) and is within the mixed-use high-intensity character type per the Horizon Plan. Staff recommended conditions including no ordering outside the business, and compliance with fire and building codes.
• Applicant's Presentation: James Venson testified he has operated a similar studio at Cross Creek Mall in Fayetteville, NC for two years with no incidents. He emphasized adherence to health department codes, community involvement (e.g., Save Our Children Movement, flood relief), and providing apprenticeships to reduce unlicensed tattooing. He noted that all tattoos are covered with a clear protective shield, not bandages, to prevent contamination.
• Witnesses in Favor:
  • Cameron Brown (security sergeant, Cross Creek Mall) testified that the business had no problems and was one of the best in the mall.
  • Kimberly Stone (security at Cross Creek Mall) confirmed no issues, stated clients are respectful, and praised the owner's community support.
  • Louis Guzman (tattoo shop owner) testified that Venson helped him start his own shop and is a good person.
  • Ryan Richardson (manager of a neighboring repair shop) said Venson is helpful and takes care of employees.
  • Chris Sines (piercer at Inkville) described a family-friendly environment, strict safety protocols, and that private piercings are done in a private area.
• Opposition: Jason Douglas (with over 20 years in the tattoo industry, manages four tattoo shops in the region) spoke against the mall location. He argued that cross-contamination from bloodborne pathogens (hepatitis C) is a risk because clients may go shopping or eat immediately after; that bandages can leak; that tattooing is an adult business inappropriate for children; and that private piercings could be visible. He referenced documents in a packet (board reminded that writings not testified to are inadmissible).
• Rebuttal: The applicant and witnesses countered that they use waterproof shields, private rooms, and strict cleaning protocols. Chris Sines noted that all clients are checked before leaving to ensure no bleeding. Applicant stated they turn away minors without an adult guardian.
• Board Discussion: Board member Dr. Sharon Evans (with two public health degrees and 30 years of experience) stated that hepatitis C transmission is not easy and that tattoo shops are regulated by health departments. She urged the board to focus on facts. The board voted to approve the petition with conditions.
• Key Outcomes for Inkville Tattoos:
  • Motion to accept findings of fact with conditions passed unanimously.
  • Motion to approve the petition with conditions passed unanimously (all ayes, no opposition).
  • Attorney directed to draft a written decision for the next regularly scheduled meeting on September 26, 2019.

Public Hearing: Nolan Properties – Amendment to Special Use Permit for Building Supply Facility

• Application: Nolan Properties (represented by David Miller, engineer with Rivers and Associates) requested to amend a special use permit for a building supply facility at 1001 Howell Street (tax parcel 44247) to include expanded outdoor storage in the rear of the property. No increase in sales floor area. The property is zoned CDF (Commercial Downtown Fringe) and is within mixed-use/traditional neighborhood character type.
• Staff Report: Staff recommended two conditions: (1) site plan approval prior to operation, and (2) installation of additional screening along the south and east sides to buffer nearby residential homes (Perkins Street, Glendale Court). Existing vegetation was noted as insufficient or had died. The applicant agreed to staff recommendations.
• Public Comment: No one spoke in opposition.
• Board Discussion: Board members asked about maintenance requirements for vegetation. Staff confirmed that vegetation must be maintained and replaced if it dies. The board accepted staff conditions.
• Key Outcomes for Nolan Properties:
  • Motion to accept findings of fact with conditions passed unanimously.
  • Motion to approve the petition with conditions passed unanimously (all ayes).

Approval of Previous Decision (from July 25, 2019 Hearing)

• The board considered a motion to accept the written decision from the July 25, 2019, public hearing as proposed. The decision reduced contested facts to writing per NC General Statute 168-388 E2. The motion passed unanimously.

Key Outcomes

• Inkville Tattoos: Special use permit approved with conditions. Attorney to draft written findings for the September 26, 2019 meeting.
• Nolan Properties: Special use permit amendment approved with conditions for additional screening.
• Previous Decision: Written decision from July 25, 2019 hearing accepted.
• Meeting adjourned.