City of Greenville Board of Adjustment Meeting - February 25, 2021

The Greenville Board of Adjustment held a remote quasi-judicial evidentiary hearing on February 25, 2021, beginning at 11:15 AM. The meeting was conducted via a remote electronic platform due to the COVID-19 state of emergency, in accordance with North Carolina General Statutes 166A-19.24 and Session Law 2020-3. The board considered six agenda items: a special use permit amendment for a dormitory development, two special use permits for mobile homes on separate lots, a special use permit for a convenience store with gasoline sales (continued to a later date), a special use permit for a building supply and lumber sales facility, and a variance from parking regulations for a church. The meeting lasted approximately five hours, concluding after 10:30 PM. All votes were unanimous except where noted.

Consent Calendar

• Minutes Approval: The board unanimously approved the minutes from the previous meeting (February 2021) by a roll call vote of 9-0.

Public Comments & Testimony

• Item 4 – Mango Man LLC (Convenience Store with Gasoline Sales): Six members of the public spoke in opposition to the proposed convenience store with gasoline sales at the corner of Davenport Farm Road and Frog Level Road. Speakers included:

  • Paige Heath (adjacent property owner, 50 feet from the subject property) – Asserted standing as a party and detailed concerns about property values, health impacts from benzene fumes, light pollution, litter, traffic, and safety, referencing studies from the EPA and WHO. She requested additional time to submit documentary evidence.
  • Ivy Bagley (resident of Taberna subdivision) – Described frequent accidents at the four-way stop intersection and traffic backups that make it difficult to exit her driveway.
  • Sylvia Sterling Briley (resident for over 30 years) – Raised concerns about flooding and water contamination from potential gas spills, as well as increased traffic from the new bypass.
  • Terek Alston (resident of Augusta Trails, within 250 feet) – Expressed concerns about traffic, litter, and safety for children walking to the Dollar General.
  • Tammy Flynn (resident of Bristolmore) – Described near-miss accidents and cut-through traffic in the Dollar General parking lot, and safety concerns for children.
  • Amber Bristow (witness, not a party) – Noted traffic backups at the intersection and cut-through traffic through her subdivision.

  No speakers spoke in favor of the application. The applicant, Robert Jeffries, and Sophia Avila (management) presented testimony supporting the convenience store with gas pumps.

• Other Items: No public comments were made for items 1, 2, 3, 5, or 6.

Discussion Items

Item 1 – Sidewalk Greenville LLC (Special Use Permit Amendment)

• Proposal: Amend an existing special use permit to add eight market-rate apartments (11 beds, total 165 units with 437 beds) and reduce non-residential space from 13,269 to 6,116 square feet at 550 Pitt Green Connector.
• Staff Recommendation: No objection with five conditions, including parking ratio of 0.7 spaces per bed, no special signing, and compliance with streetscape master plan.
• Applicant Testimony: Gus Cook (owner representative) and Jim Blunt (local partner) testified that the retail space had been vacant for three years despite extensive leasing efforts, citing market conditions and competition from ECU's student center. They argued the conversion to live-work units would activate the ground floor. Michelle Clemens (engineer) provided technical testimony on site improvements.
• Board Discussion: Board members asked about exterior entrances and security. No opposition.
• Outcome: Approved unanimously with conditions.

Item 2 – Gino Surreal (Special Use Permit – Mobile Home at 2010 Corbett Ave)

• Proposal: Place a mobile home on a 0.39-acre vacant lot in the RA20 zoning district, located in a floodplain.
• Staff Recommendation: No objection with one condition: finished floor and service equipment must be elevated two feet above base flood elevation, with anchoring requirements.
• Applicant Testimony: Gino Surreal (owner of GFS Properties) testified that he plans to move a rehabilitated 2001 mobile home from another site. He provided a survey certificate showing finished floor elevation of 23.5 feet (base flood elevation 21.5 feet).
• Board Questions: Ann Bellis asked about foundation height and safety. Staff confirmed that the foundation would be inspected and a certificate of occupancy required.
• Outcome: Approved unanimously with conditions.

Item 3 – Gino Surreal (Special Use Permit – Mobile Home at 2008 Corbett Ave)

• Proposal: Place a mobile home on the adjacent lot, identical in size and zoning.
• Staff Recommendation: Same condition as Item 2.
• Applicant Testimony: Mr. Surreal confirmed the same conditions apply.
• Board Discussion: No questions.
• Outcome: Approved unanimously with conditions.

Item 4 – Mango Man LLC (Special Use Permit – Convenience Store with Gasoline Sales)

• Proposal: Operate a convenience store with gasoline pumps at 0 Frog Level Road (2.116 acres, CN and O zoning). The convenience store is permitted outright; only gas sales require a special use permit.
• Staff Recommendation: No objection with 14 conditions, including a traffic impact analysis (TIA), DOT access agreement, site plan approval, lighting restrictions, and litter control.
• Applicant Testimony: Robert Jeffries (applicant) and Sophia Avila (management) spoke in favor. Mr. Jeffries stated the store would serve the growing neighborhood.
• Opposition: Six residents testified (see Public Comments). Traffic engineer Rick De Caesar provided historical context: the intersection of Frog Level and Davenport Farm was identified as a high accident location 10 years ago; DOT studied a roundabout but it was not funded. He stated that a TIA would be required and mitigation measures (e.g., medians, right-in/right-out restrictions) would be determined during site plan review.
• Board Discussion: Board members debated whether sufficient information was available to decide. Christopher Lilly argued that the use itself (gas pumps) is the only issue, not future mitigation. Hun McKinnon moved to continue the hearing to allow additional evidence, specifically from Paige Heath regarding environmental and property value impacts. The motion passed 6-1 (Sharon Evans dissenting). The board also approved that the item be advertised in the next meeting.
• Outcome: Continued to the April 22, 2021 meeting. The board directed that all additional evidence be submitted by March 24, 2021. The applicant is also permitted to submit additional evidence.

Item 5 – WGBJR Howell LLC (Special Use Permit – Building Supply and Lumber Sales)

• Proposal: Operate a building supply facility with outside storage at 301 Hooker Road (3.22 acres, CDF zoning).
• Staff Recommendation: No objection with two conditions: site plan approval and opaque screening around the outdoor storage area.
• Applicant Testimony: Brian Fagundis (engineer) and Jason Two (general manager) testified that the use is compatible with surrounding commercial uses and that they plan to install a 6-7 foot commercial-grade chain-link fence with privacy slats.
• Board Questions: Ann Bellis asked about the screening material.
• Outcome: Approved unanimously with conditions.

Item 6 – Power of His Presence Church Inc. (Variance from Parking Regulations)

• Proposal: Variance from the requirement to provide 40 off-street parking spaces (one per five seats for 200 seats) at 114 East 11th Street. The church currently has 18 spaces on-site and a remote grass lot (parcel 16499) across the street. The church is landlocked and cannot acquire additional property.
• Staff Recommendation: No objection with four conditions, including site plan approval for off-street parking and compliance with design standards.
• Applicant Testimony: Bishop TC Daniels and Dwayne Alleygood (engineer) testified that the church inherited the parking deficiency and recently lost use of a nearby commercial lot. They requested a 365-day grace period to bring the remote grass lot up to code.
• Board Discussion: Board members clarified that the grace period applies only to the remote lot, not the on-site parking.
• Outcome: Approved unanimously with conditions, including a 365-day grace period for the remote lot to be brought up to code.

Key Outcomes

• Consent Calendar: Minutes approved unanimously.
• Item 1 (Sidewalk Greenville): Special use permit amendment approved unanimously with staff conditions.
• Item 2 (2010 Corbett Ave): Special use permit for mobile home approved unanimously with floodplain conditions.
• Item 3 (2008 Corbett Ave): Special use permit for mobile home approved unanimously with floodplain conditions.
• Item 4 (Mango Man LLC): Hearing continued to April 22, 2021, by a 6-1 vote. The board also voted to advertise the continued hearing. All additional evidence must be submitted by March 24, 2021.
• Item 5 (WGBJR Howell): Special use permit approved unanimously with staff conditions.
• Item 6 (Power of His Presence Church): Variance approved unanimously with staff conditions and a 365-day grace period for the remote parking lot.
• Adjournment: The meeting was adjourned by unanimous vote after the last item.