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Record of Proceedings

Greenville Board of Adjustment Meeting - March 2, 2020

Board of Adjustment — Monday, March 2, 2020
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateMonday, March 2, 2020
StatusFILED
Video Record
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Transcript — Verbatim
0:43

Good evening and welcome to the February 27th meeting of the Greenville Board of Adjustment.

0:49

This time, if you would, Mr.

0:50

Secretary, would you please call a roll?

0:53

Bill Johnson.

0:54

Here.

0:55

Rodney Bullock?

0:56

Here.

0:57

Michael Glenn.

0:58

Here.

0:58

Anne Bellis.

0:59

Here.

1:00

Hunt McKinnon.

1:01

Here.

1:01

Dylan Godley.

1:03

Here.

1:03

James Moretz.

1:05

Nathan Cohen.

1:06

Here.

1:07

Christopher Lilly.

1:08

Here.

1:08

Sharon Evans.

1:10

Here.

1:10

Stephen Atkinson.

1:12

We have a quorum.

1:14

Mr.

1:14

Chairman.

1:15

Uh, good evening.

1:16

Uh, good evening, board members.

1:17

The voting members for tonight's meeting are Mr.

1:19

Johnson, Mr.

1:20

Glenn, Mr.

1:21

Bullock, Ms.

1:22

Bellis, Mr.

1:23

Lilly, Mr.

1:24

McKinnon, and Mr.

1:25

Atkinson, Miss Evans, Mr.

1:27

Cohen, and Mr.

1:28

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

1:35

All right, thanks, sir.

1:36

Uh, we received a letter.

1:38

Uh item number one of the new business uh public carrying on request for a new special use permit.

1:44

And the attorney representing the applicant has asked to move that out to another to a later meeting.

1:51

I will add, Mr.

1:52

Chairman, if I may.

1:56

Can't confirm that it's in there, but I think your application packet has minutes in it.

2:01

It's not on the agenda, but you may want to address uh approval of the minutes prior to going to your new business.

2:08

Got it.

2:11

So move their second.

2:12

Second.

2:13

All in favor.

2:15

Proposed.

2:17

Those are carried.

2:19

Um good evening again, everyone.

2:23

The following applies to all matters for consideration by the board tonight as stated on pages two and three of the meeting handout, which is available to the public.

2:32

The evidence to be considered by the Board of Adjustment is as follows.

2:36

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.

2:47

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.

2:55

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

2:59

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

3:07

The board 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.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████████████████████38%
Legal Procedure██████████████14%
Engineering And Infrastructure███████████11%
Traffic Management█████████9%
Procedural████████8%
Public Safety██████6%
Transportation Safety██████6%
Public Engagement███3%
Public Comment██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting - March 2, 2020

The Greenville Board of Adjustment held a regular meeting on March 2, 2020, at 7:00 PM. The board addressed four main agenda items: a special use permit amendment for a dormitory development, an administrative appeal regarding setback regulations for vacuum cleaners at a car wash, a related variance request, and the annual review of special use permits for clubs, dining, and microbreweries. The meeting included public testimony, expert witness presentations, and votes on several matters.

Consent Calendar

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

Public Comments & Testimony

  • Sidewalk Greenville Special Use Permit Amendment: Jim Blount, representing the developer, testified in favor, stating that after 18 months of marketing, no retail leases were signed and that there are 35 vacant retail spaces in the uptown district. Gus Cook, owner representative, added that the developer spent nearly $20,000 on plans for potential tenants but could not secure a credit tenant. They argued that converting the retail space to 13 market-rate workforce units would improve the project's viability and aesthetics.
  • Administrative Appeal (CCWC Greenville 1 LLC): Charles McGlawhorn, an adjacent property owner, spoke in opposition to the appeal, emphasizing the importance of maintaining planning integrity and preventing haphazard development along Greenville Boulevard.
  • Variance Request (CCWC Greenville 1 LLC): Multiple witnesses testified in favor, including Mike Matthews (car wash industry expert with 20 years of experience), Jenkins Williamson (developer), Charlie Yao (civil engineer), and Steve Singleton (landscape architect). They argued that the site's shape, restricted driveway access (right-in/right-out only due to NCDOT requirements), and high traffic volumes created unnecessary hardship, and that the variance would allow safer circulation and enhanced landscaping. No public speakers testified in opposition during the variance hearing.

Discussion Items

  • Sidewalk Greenville Special Use Permit Amendment: Staff presented the request to amend the 2017 special use permit to add 13 one-bedroom market-rate units and reduce non-residential space from 20,000 to 13,269 square feet. The property is located at 523 South Pitt Street. The applicant stated that the retail spaces remain unleased and that the change would meet the demand for workforce housing. Board members discussed security concerns regarding direct street access to the new units, and the applicant agreed to install automatic locking doors. The board voted to approve the permit with staff conditions (parking ratio of 0.7 per bed, public parking restrictions, site plan approval, and streetscape compliance).
  • Administrative Appeal: The appellant argued that the zoning ordinance's setback measurement applies only to buildings with exterior walls, and that vacuum cleaners (poles without walls) are not subject to the 20-foot setback. The city staff countered that the ordinance requires all accessory structures to meet the principal use setback, and that vacuums are structures. The board voted to affirm the Planning Director's decision, finding no error in interpretation.
  • Variance Request: The applicant sought a variance to allow vacuums within 10 feet of the 20-foot setback, citing the site's unique shape, limited driveway access (right-in/right-out only), and the need for safe circulation. The city staff opposed, stating that the hardship was not unique and that an alternative compliant site plan existed. After extensive discussion, the board granted a continuance to the next meeting to allow the applicant to submit detailed engineered plans and receive staff review.
  • Annual Review of Special Use Permits: The board reviewed staff reports for public/private clubs, dining and entertainment establishments, and microbreweries. Police reports showed minimal activity (few incidents). The board voted that no rehearing was required for any of the permits.

Key Outcomes

  • Approved: The Sidewalk Greenville special use permit amendment (motion carried unanimously). The board directed staff to finalize conditions.
  • Denied: The administrative appeal of the Planning Director's decision regarding vacuums in the setback. The board affirmed the director's decision by unanimous vote after correcting a procedural error.
  • Continued: The variance request for CCWC Greenville 1 LLC was continued to the next regular meeting. The applicant will submit revised plans incorporating all comments from staff and NCDOT, and the city will provide review comments within two weeks of submission.
  • No Rehearing Required: The board determined that no special use permits for clubs, dining, entertainment, or microbreweries required a rehearing, based on the staff report and police reports.

Meeting Transcript

Good evening and welcome to the February 27th meeting of the Greenville Board of Adjustment. This time, if you would, Mr. Secretary, would you please call a roll? Bill Johnson. Here. Rodney Bullock? Here. Michael Glenn. Here. Anne Bellis. Here. Hunt McKinnon. Here. Dylan Godley. Here. James Moretz. Nathan Cohen. Here. Christopher Lilly. Here. Sharon Evans. Here. Stephen Atkinson. We have a quorum. Mr. Chairman. Uh, good evening. Uh, good evening, board members. The voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Mr. Bullock, Ms. Bellis, Mr. Lilly, Mr. McKinnon, and Mr. Atkinson, Miss Evans, Mr. Cohen, and Mr. Godley are not voting members but are allowed to participate in the discussions and are allowed to ask questions. All right, thanks, sir. Uh, we received a letter. Uh item number one of the new business uh public carrying on request for a new special use permit. And the attorney representing the applicant has asked to move that out to another to a later meeting. I will add, Mr. Chairman, if I may. Can't confirm that it's in there, but I think your application packet has minutes in it. It's not on the agenda, but you may want to address uh approval of the minutes prior to going to your new business. Got it. So move their second. Second. All in favor.

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