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Record of Proceedings

Greenville Board of Adjustment Meeting: Special Use Permits, Variances, and Metronet Order (November 18, 2021)

Board of AdjustmentThursday, November 18, 2021
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, November 18, 2021
StatusFILED
Video Record

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Transcript — Verbatim
0:35

Mr.

0:35

Chair, we are live.

0:41

Outstanding.

0:42

Um, I will now call this meeting to order.

0:46

Welcome to the November 18th, 2021 special call meeting of the City of Greenville Board of Adjustment.

0:51

Excuse me, Mr.

0:52

Board.

0:52

I mean, Mr.

0:53

Chair, do we have a quorum?

0:56

Yes.

0:57

Okay.

0:58

All right.

1:00

All right.

1:01

Good evening, everybody.

1:02

Um, we'll call this now.

1:04

Call this meeting to order.

1:05

Welcome to the November 18th, 2021 special call meeting of the city of Greenwood Board of Adjustment.

1:10

My name is Rodney Bullock, and I'm the acting chair of the board.

1:15

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

1:22

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

1:24

I would ask for your patience today as we proceed.

1:27

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

1:32

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

1:39

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

1:48

Before we begin the evidentiary hearings on tonight'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.

2:00

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

2:12

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

2:20

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 matter.

2:30

No case is proceeding tonight in which the city has been contacted by an individual who objects to this meeting being heard by way of a simultaneous remote meeting platform.

2:43

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

2:48

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

2:57

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

3:19

Each of these notice methods were also done within the legal requirement to provide such notice.

4:37

Yes, sir.

4:39

Yes.

5:00

Sharon Evans.

5:02

Here.

5:03

Nathan Cohen.

5:13

Nathan Cohen.

5:17

Ryan Purdle.

5:18

Ryan Purdle here.

5:22

Mr.

5:22

Chair, we have a quorum.

5:28

Very good.

5:29

Mr.

5:29

Mr.

5:30

Chairman, if I may have the floor, based on the results of the roll call, the voting members for tonight's meeting are Mr.

5:38

Bullock, Miss Bellis, Mr.

5:40

McKinnon, Mr.

5:42

Lilly, Miss Evans, Mr.

5:45

Cohen, or Mr.

5:47

Pertle.

5:47

I did not hear a roll call from Mr.

5:50

Cohen.

5:54

He was here, and I'm not sure where he went.

5:59

He's still logged in, but his video is also off.

6:03

And did we and uh Mr.

6:06

Landrine is he?

6:08

He's not coming.

6:09

Okay.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████████34%
Zoning And Land Use███████████████████████████27%
Legal Procedure█████████████████17%
Public Hearing████████8%
Public Engagement████4%
Noise Pollution███3%
Public Safety██2%
Engineering And Infrastructure██2%
Technology and Innovation██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting – November 18, 2021

The Greenville Board of Adjustment held a virtual meeting on November 18, 2021, at 6:00 PM via Zoom. The board considered election of officers, five public hearings under old business, three new business items, and a proposed decision and order for Metronet Fibernet. The meeting lasted approximately 4.5 hours, with a 10-minute recess. The board consists of seven voting members.

Consent Calendar

  • Approval of Minutes: The minutes from the September 23, 2021 meeting were approved unanimously by roll call vote (7-0).

Election of Officers

  • Chair: Rodney Bullock was elected chair by unanimous vote (7-0).
  • Vice Chair: Christopher Lilly was elected vice chair over Ryan Purdle by a vote of 6-1 (Lilly abstained from voting for himself).

Old Business

1. Willie Moore Jr. – Special Use Permit for Mobile Home (Withdrawn)

  • The applicant requested to withdraw the application. The board unanimously approved the withdrawal (7-0).

2. Sabreen Mezher – Special Use Permit for Microblading/Microneedling (Approved)

  • Applicant: Sabreen Mezher, operating Brow Edge at 807 Red Banks Road, Suite 7. The use is a personal service (microblading and microneedling) in an existing salon. Staff recommended conditions (no lottery, services limited to microblading and shading only). No public opposition. The board unanimously approved the findings of fact and the petition with staff conditions (7-0).

3. DeRonde Dalas Nixon-Turnage – Special Use Permit for Microblading (Approved)

  • Applicant: DeRonde Dalas Nixon-Turnage, operating at 214 E. Arlington Blvd, Suite E. The use is microblading within an existing salon. Staff recommended same conditions. Despite the use not being in full compliance with the Horizons plan (which recommends institutional/civic development), the board approved the findings of fact and petition unanimously (7-0).

4. Faith and Brandon Lam – Special Use Permit for Drop-In Child Care (Approved)

  • Applicant: Brandon Lam (wife absent), operating at 3107 Evans Street, Unit D. The drop-in care would operate 2-6 PM for after-school and 4-8 PM for tutoring, with a maximum of 25 children. Staff recommended conditions (all activities indoors, maintain applicable licensing). Board member Ann Bellis asked about occupancy load; staff clarified that building code will determine the final cap. The board approved the findings of fact and petition unanimously (7-0).

5. Terry Wethington – Special Use Permit for Mini Storage Warehouse (Approved)

  • Applicant: Terry Wethington (Ample Storage), proposing a 14.10-acre self-storage facility at 3103 Williams Road. The company has operated for 38 years across four states. The facility will include a manager’s apartment (resident manager on site). Staff recommended conditions (final platting, stormwater, NC DOT access, no exterior storage). Steve Janowski (Rivers & Associates) was accepted as an expert in traffic and stormwater (7-0). He testified that the facility would generate about 560 vehicles per day, less than ITE predictions. The board approved the findings of fact and petition with staff conditions and the added condition of a resident manager on site (7-0).

New Business

1. Down East Tires and Quality Work-Flex Car Wash – Special Use Permit for Minor Repair Facility (Approved)

  • Applicant: Troy Coggins, operating at 1009 Dickinson Avenue. The facility will perform minor repairs (tires, brakes, etc.) and a car wash. Mr. Coggins described installed water containment and backflow prevention. Staff recommended conditions (site plan approval, vehicles stored at rear, repairs inside only). No public opposition. The board approved the findings of fact and petition with staff conditions unanimously (7-0).

2. B&M Wang, LLC – Variance from Parking Requirements (Continued to December 16, 2021)

  • Applicant: Represented by Bill Fleming, property manager at 655 S. Memorial Drive. The property is a multi-unit commercial building with a vacant 3,100 sq. ft. former laundromat. The site is deficient in parking (29 spaces) due to subdivision and increased unit count. The variance would allow up to 15 additional parking spaces above existing. Board member Sharon Evans expressed concern about limiting the variance to a laundromat only. The board voted unanimously to continue the case to allow legal research on whether conditions can be use-specific. The next meeting is December 16, 2021.

3. Andrew & Christy Garris – Special Use Permit for Major Repair Facility (Continued to December 16, 2021)

  • Applicants: Andrew and Christy Garris, proposing an auto body and restoration shop at 701 Peed Drive. The existing building was previously used for classic car restoration. The application did not specify a paint booth; Igor Palavoda (Baldwin Design Consultants) clarified that a paint booth is required. The board voted unanimously to continue the case to December 16, 2021, to allow clarification of the application and conditions.

4. Ironwood Development, Inc. – Amendment to Special Use Permit for Carolina Crofts Master Plan (Not Heard)

  • This item was not reached due to time constraints. The board did not discuss or vote on it.

Proposed BOA Order for Metronet Fibernet, LLC (Tabled)

  • The board considered a proposed decision and order granting a special use permit (from a contested September 9, 2021 hearing). The order memorializes findings, including a weekly generator test (finding of fact #28). Several board members expressed concern that the original vote did not include conditions regarding a sound barrier fence and generator testing times. A motion to table the order to allow legal research on adding conditions passed 4-3 (Rodney Bullock, Ann Bellis, Hunt McKinnon, Sharon Evans in favor; Christopher Lilly, Nathan Cohen, Ryan Purdle opposed). The board directed staff to contact Metronet representatives to determine if they wish to appear at the December meeting. The matter will be revisited pending legal guidance.

Key Outcomes

  • Approved (unanimous): Sabreen Mezher, DeRonde Nixon-Turnage, Faith & Brandon Lam, Terry Wethington, and Down East Tires special use permits.
  • Continued (unanimous): B&M Wang variance and Andrew & Christy Garris special use permit to December 16, 2021.
  • Tabled (4-3): Metronet Fibernet proposed order; further legal research and potential rehearing directed.
  • Not Heard: Ironwood Development amendment request.
  • Next Regular Meeting: December 16, 2021, at 6:00 PM.

Meeting Transcript

Mr. Chair, we are live. Outstanding. Um, I will now call this meeting to order. Welcome to the November 18th, 2021 special call meeting of the City of Greenville Board of Adjustment. Excuse me, Mr. Board. I mean, Mr. Chair, do we have a quorum? Yes. Okay. All right. All right. Good evening, everybody. Um, we'll call this now. Call this meeting to order. Welcome to the November 18th, 2021 special call meeting of the city of Greenwood Board of Adjustment. My name is Rodney Bullock, and I'm the acting chair of the board. I'd like to start by acknowledging that we are 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 Adjustments 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 use permits, variances, appeals, and administrative decisions and interpretations. Before we begin the evidentiary hearings on tonight'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 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 before being placed on the agenda 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 matter. No case is proceeding tonight in which the city has been contacted by an individual who objects to this meeting being heard by way of a 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 at least two weeks in advance of the meeting date and within the law to provide such notice. Each of these notice methods were also done within the legal requirement to provide such notice. Yes, sir. Yes. Sharon Evans. Here. Nathan Cohen. Nathan Cohen. Ryan Purdle. Ryan Purdle here. Mr. Chair, we have a quorum. Very good. Mr. Mr. Chairman, if I may have the floor, based on the results of the roll call, the voting members for tonight's meeting are Mr. Bullock, Miss Bellis, Mr. McKinnon, Mr. Lilly, Miss Evans, Mr.

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