Greenville Board of Adjustment Special Call Meeting - October 14, 2021

This meeting of the Greenville Board of Adjustment was conducted virtually via Zoom on October 14, 2021, at 6:00 PM. The board considered two special use permit applications: one from Metro Fibernet, LLC for a public utility communication facility, and one from Ocean Reef Investments, LLC for an automobile and vehicle rental business. Both hearings involved quasi-judicial evidentiary proceedings with sworn testimony and standing determinations. The meetings were open to the public with remote participation.

Consent Calendar

• Approval of Minutes (July 22, 2021): The board unanimously approved the minutes of the July 22, 2021 meeting. Roll call vote: 7 yes, 0 no.

Public Comments & Testimony

• Metro Fibernet Application: Two adjacent property owners, Susan McCrae (owner of 216 East Arlington Boulevard) and Christopher Jenkins (member manager of Long-Term Investments, LLC owning 243 Commerce Street), were granted standing as parties with standing based on potential special damages. McCrae testified that the proposed 79-foot tower and equipment shelter would generate noise at 65 dBA at the property line, only 10 feet from her pain management clinic's treatment rooms. She provided evidence of ambient noise measurements (50-52 dBA) and a demonstration using a generator to show a 5-6 dB increase inside the building, which she argued would negatively affect patients. Jenkins expressed concerns about noise, emissions, and lack of due diligence by staff regarding property impacts. Both requested sound mitigation and enforceable conditions.
• Ocean Reef Investments Application: No speakers in opposition were registered or appeared. The applicant, Igor Palavoda (civil engineer, Baldwin Design Consultants), spoke in favor.

Discussion Items

• Metro Fibernet LLC Special Use Permit: The applicant (Daniel Neppel, Vice President of Construction for Metronet) proposed a 0.4-acre public utility compound at 0 Commerce Street, including a 79-foot television reception antenna and a fiber optic equipment shelter. City staff recommended conditions: noise not to exceed 65 dBA (commercial standard), opaque continuous screening (6-foot fence), and neutral building colors. During discussion, board member Hunt McKinnon raised concerns about noise transmission and proposed a mass or absorption fence to reduce sound, but no formal condition was adopted. A consensus was reached that the emergency generator's weekly one-hour maintenance test could be scheduled at 7:30 AM to avoid business hours, agreeable to McCrae and Jenkins. However, this was not added as a condition in the motion. The board voted 6-1 to approve the findings of fact and the petition with staff conditions. Only Hunt McKinnon dissented.
• Ocean Reef Investments LLC Special Use Permit: The applicant proposed converting a former bank (1641 SE Greenville Boulevard) into a rental facility for automobiles, non-commercial trucks, trailers, RVs, motorcycles, and boats (Enterprise brand). City staff confirmed the use is in compliance with the future land use plan (commercial) and recommended conditions: site plan approval prior to occupancy, no vehicle display in right-of-way or buffer yards, and no minor/major repair storage on site. The applicant noted that the existing 48 parking spaces exceed the required 13, and the use would generate less traffic than the prior bank. The board unanimously approved the findings of fact and the petition with staff conditions.

Key Outcomes

• Metro Fibernet LLC: Approved (6-1) with staff's recommended conditions (noise limit, screening, colors). The attorney was tasked with drafting the written decision for board consideration at the October 28, 2021 meeting. The extra condition regarding generator test timing (7:30 AM) was not included in the motion but was acknowledged as a good-faith agreement.
• Ocean Reef Investments LLC: Approved unanimously (7-0) with staff's recommended conditions. The decision will be documented as part of the record.
• Announcement: Board members were reminded to review their land use intensity training materials in preparation for an upcoming agenda item at the next meeting.