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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Greenville Board of Adjustment Meeting – September 23, 2021

Board of Adjustment — Thursday, September 23, 2021

BodyGreenville, North Carolina

SessionBoard of Adjustment

DateThursday, September 23, 2021

StatusFILED

Video Record

0:00 / 3:00:34

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:22

Mr.

0:23

Chair, we are live.

0:45

All right, good evening, everyone.

0:48

Uh I'd now like to call this meeting to order.

0:51

This meeting will now come to order.

0:54

Welcome to the September 23rd 2021 meeting of the City of Greenville Board of Adjustment.

1:01

My name is Vice Chairman Rodney Bullock and I am acting chair of the board.

1:06

I'd like to start by acknowledging that we are excuse me conducting this meeting using a remote electronic platform.

1:15

This is the virtual meeting of the Greenville Board of Adjustment.

1:17

I would ask for your patience today as we proceed.

1:20

There may be slight delays as we transition between speakers, participants, and presentations.

1:25

The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's Code of Ordnance.

1:32

We conduct evidentiary hearings on requests for special permits, variances, appeals, and administrative decisions and interpretations.

1:41

Before we begin the evidentiary hearing on today's agenda, I'd like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed in this remote platform.

1:54

First, tonight's meeting will be conducted in accordance with the excuse me with the enacted statutes in session law 2020-3, which allow for remote meetings and quasi judicial hearings during declarations of emergency.

2:07

Second, each applicant on tonight's agenda was notified that this meeting would be conducted using a remote electronic platform.

2:14

We will confirm tonight at the start of each evidentiary hearing that the participants in the evidentiary hearing consent to the matter proceeding in this remote platform.

2:23

No case will proceed tonight in which an applicant objects to this meeting being heard by way of simultaneous remote meeting platform.

2:32

Third, notice of this meeting was provided to the applicants and the public in numerous ways.

2:38

Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each subject property.

2:47

The mail notices were sent two weeks in advance of the meeting date and within the law to provide such notice.

3:07

The notices for tonight's meeting contained information about the means by which the public can access the remote meeting as the meeting occurs.

3:16

Fourth, any individual wishing to participate in tonight's evidentiary hearings was required to sign up prior to the meeting to participate.

4:28

No new documents will be presented at tonight's meeting.

4:31

All decisions of this board are subject to appeal with the Pitt County Superior Court.

4:35

Finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda were mailed a witness oath form prior to tonight's meeting.

4:43

Any individual planning to testify or submit evidence at any evidentiary hearing was notified that they must sign the oath form prior to tonight's meeting.

4:53

We will reaffirm everyone's oath on the record at tonight's meeting.

4:57

Madam Clerk, could you please give us a roll call?

5:00

Yes, sir.

5:04

Rodney Bullock.

5:06

Here.

5:07

Anne Bellis here.

5:09

Hunt McKinnon.

5:13

Mr.

5:14

McKinnon, you're muted.

5:19

Here.

5:20

Christopher Lilly.

5:21

Here.

5:22

Sharon Evans here.

5:24

Nathan Cohen.

5:26

Ryan Purdle.

5:28

John Landrine.

5:29

Here.

5:30

Mr.

5:30

Chair, we have a quorum.

5:33

And Mr.

5:34

Chair, all members of uh tonight are voting members.

5:38

All right.

5:39

Very good.

5:41

So at this time, uh I would like to see if there will be a motion on the approval of last meeting's minutes.

5:53

Mr.

5:53

Chair, I'd like to make a correction, please.

5:56

Yes, sir.

5:57

On page eight.

5:59

It's about two-thirds of the way down the page.

6:03

Okay.

6:04

The standards that were being discussed about 45 decibels or American standards of testing material, which is ASTM, Asha, and EPA.

6:16

Okay.

6:29

Other than that, I move approval.

Discussion Breakdown — Share of Meeting

Procedural███████████████████████████████████35%

Zoning And Land Use██████████████████████22%

Legal Procedure█████████████13%

Public Comment████████8%

Land Use██████6%

Public Engagement█████5%

Cannabis Regulation███3%

Public Works█1%

Public Safety█1%

Summary of Proceedings

Greenville Board of Adjustment Meeting – September 23, 2021

The Greenville Board of Adjustment met remotely on September 23, 2021, acting as a quasi-judicial body to hear six special use permit requests, one administrative appeal, and one continuance. All members were present, and the board unanimously approved the minutes of the September 9, 2021 special call meeting as corrected.

Consent Calendar

Approval of minutes from September 9, 2021 (special call meeting) as corrected.
Continuance of the KLA Holdings, LLC administrative appeal of a notice of violation until an in-person hearing can be held (unanimous).

Public Hearings & Testimony

Old Business

Jeff James – Special Use Permit for Auto Rental/Sales at 622 SE Greenville Blvd.
- The applicant, Jeff James, requested a special use permit to operate a rental and sales facility for automobiles, trucks, RVs, motorcycles, and boats. The 0.33-acre parcel currently contains a vacant dry cleaner building.
- Jerry Eatman, representing adjacent property owners (Brody Properties LLC, OK Properties LLC, Carrera LLC), expressed concern about potential test driving on shared parking lots. He proposed two conditions: (1) prohibition of sale, rental, or storage of recreational vehicles and boats; (2) prohibition of using adjoining parking lots or the drive aisle from Arlington Boulevard for test driving vehicles. He stated that if the conditions were imposed, his clients would not object; otherwise, he requested a continuance.
- Jeff James agreed to the first condition but expressed concern about enforceability of the second condition, as he cannot control where customers drive after leaving the property. After discussion, the board voted to impose only the first condition, noting the city staff's difficulty in enforcing the second condition. The permit was approved unanimously with staff recommendations and the added condition that the sale, rental, and storage of recreational vehicles and boats be prohibited.
Willie Moore Jr. – Special Use Permit for Mobile Home at 3151 Maye Lane
- Joyce Godley, who is in the process of purchasing the property, appeared on behalf of the applicant. She indicated she was unaware of a fire department recommendation that the access road must be repaired. The board unanimously voted to continue this matter to the October 28, 2021 meeting to allow time for the applicant to discuss the condition with city staff.

New Business

PL Greenville, LP – Amendment of Dormitory Special Use Permit to Multifamily at 2201 Bellamy Drive
- The applicant sought to convert a 23-acre student housing development (308 units) to market-rate multifamily apartments (still 308 units, but now limited to no more than three unrelated persons per unit). Attorney Phil Dixon noted the shift in market demand: student housing occupancy at 88.1% with 2.4% rent growth, versus conventional apartments at 98.7% occupancy with 10.2% rent growth. The proposed use complies with the Horizon plan and reduces intensity. There were no speakers in opposition; two additional representatives who had registered but were not on the speaker list were allowed to speak by board motion with the understanding their testimony could be considered. The board unanimously approved the findings of fact and the permit with staff-recommended conditions.
KLA Holdings, LLC – Administrative Appeal of Violation
- The applicant requested a continuance until an in-person hearing can be held. The board unanimously continued the item without a date certain, pending the end of the remote meeting declaration.
Car Tunes Audio & Antonios Tourlitis – Tobacco Shop Class 1 at 2227 S Memorial Dr., Suite 100
- Sherry Tourlitis, representing the applicants, explained the business was already operating as a tobacco shop and the permit was needed for compliance. The board unanimously approved the permit with staff conditions.
Royal Farms – Special Use Permit for Convenience Store with Gas, Restaurant (without drive-through), Outdoor Dining, and Car Wash at 1600 SE Greenville Blvd.
- The applicant (represented by attorney Jerry Eatman) presented the proposal for a 2.5-acre site. Engineer Dwight Elson detailed compliance with health, safety, and nuisance standards, including a 6-foot fence adjacent to single-family homes. Jim Ward, the landowner, expressed support for the project as a neighborhood-commercial gateway. No opposition was heard. The board unanimously approved the findings of fact and the permit with staff conditions.
Yazan Soboh – Tobacco Shop Class 1 at 1701 Dickinson Ave., Suite 108
- The applicant confirmed understanding of restrictions (no hookahs, no smoking apparatus, no loitering) and that the unit is in compliance. The board unanimously approved the permit with staff conditions.
MCG Greenville NC Owner, LLC – Mini-Storage Warehouse at 3600 S Memorial Dr.
- The applicant sought to convert the former Sears building into 429 climate-controlled storage units. All improvements are interior; there will be no change to the building's footprint and a significant reduction in traffic compared to the previous retail use. The board noted potential future outparcel development that would require separate permits. The permit was unanimously approved with staff conditions.

Key Outcomes

Jeff James permit: Approved with staff conditions and the added condition prohibiting sale/rental/storage of RVs and boats (unanimous).
Willie Moore permit: Continued to October 28, 2021 to address road repair condition (unanimous).
PL Greenville LP permit: Approved with staff conditions (unanimous).
KLA Holdings appeal: Continued indefinitely until in-person hearings resume (unanimous).
Car Tunes Audio tobacco shop: Approved with staff conditions (unanimous).
Royal Farms permit: Approved with staff conditions (unanimous).
Yazan Soboh tobacco shop: Approved with staff conditions (unanimous).
MCG Greenville NC mini-storage: Approved with staff conditions (unanimous).

The board also expressed appreciation for city staff and the public's patience during the remote meeting format.

Adjournment

The meeting was adjourned unanimously at approximately 8:30 PM.

Meeting Transcript

Mr. Chair, we are live. All right, good evening, everyone. Uh I'd now like to call this meeting to order. This meeting will now come to order. Welcome to the September 23rd 2021 meeting of the City of Greenville Board of Adjustment. My name is Vice Chairman Rodney Bullock and I am acting chair of the board. I'd like to start by acknowledging that we are excuse me conducting this meeting using a remote electronic platform. This is the virtual meeting of the Greenville Board of Adjustment. I would ask for your patience today as we proceed. There may be slight delays as we transition between speakers, participants, and presentations. The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's Code of Ordnance. We conduct evidentiary hearings on requests for special permits, variances, appeals, and administrative decisions and interpretations. Before we begin the evidentiary hearing on today's agenda, I'd like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed in this remote platform. First, tonight's meeting will be conducted in accordance with the excuse me with the enacted statutes in session law 2020-3, which allow for remote meetings and quasi judicial hearings during declarations of emergency. Second, each applicant on tonight's agenda was notified that this meeting would be conducted using a remote electronic platform. We will confirm tonight at the start of each evidentiary hearing that the participants in the evidentiary hearing consent to the matter proceeding in this remote platform. No case will proceed tonight in which an applicant objects to this meeting being heard by way of simultaneous remote meeting platform. Third, notice of this meeting was provided to the applicants and the public in numerous ways. Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each subject property. The mail notices were sent two weeks in advance of the meeting date and within the law to provide such notice. The notices for tonight's meeting contained information about the means by which the public can access the remote meeting as the meeting occurs. Fourth, any individual wishing to participate in tonight's evidentiary hearings was required to sign up prior to the meeting to participate. No new documents will be presented at tonight's meeting. All decisions of this board are subject to appeal with the Pitt County Superior Court. Finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda were mailed a witness oath form prior to tonight's meeting. Any individual planning to testify or submit evidence at any evidentiary hearing was notified that they must sign the oath form prior to tonight's meeting. We will reaffirm everyone's oath on the record at tonight's meeting. Madam Clerk, could you please give us a roll call? Yes, sir. Rodney Bullock. Here. Anne Bellis here. Hunt McKinnon. Mr. McKinnon, you're muted. Here. Christopher Lilly. Here. Sharon Evans here. Nathan Cohen. Ryan Purdle. John Landrine. Here. Mr. Chair, we have a quorum. And Mr. Chair, all members of uh tonight are voting members. All right. Very good.

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