Greenville Board of Adjustment Meeting - February 24, 2022

The Greenville Board of Adjustment held a virtual meeting on February 24, 2022, at 6:00 PM via Zoom. The board considered five public hearings, approved minutes from January 2022, continued approval of December 2021 minutes, and discussed a pending appeal. All votes were unanimous unless noted.

Consent Calendar

• Approval of Minutes – December 16, 2021: Continued to the next meeting after board member Hunt McKinnon objected to a statement attributed to him. The board voted unanimously to continue.
• Approval of Minutes – January 27, 2022: Approved unanimously after adding a clarifying paragraph about generator operating hours as requested by McKinnon.

Public Comments & Testimony

• Francisco Elvira (Applicant): Expressed desire to place a mobile home on his lot at 519 Fenner Drive for his parents to live in. No opposition.
• Scott Anderson (Applicant’s representative for Pinnacle Fire Tower Self Storage): Presented a self-storage facility plan, noting compliance with zoning, future right-of-way considerations, and low traffic generation. No opposition.
• Dan Blackman and Paul Meyer (Applicants for child daycare): Described an intergenerational community concept with a daycare serving a charter school and senior living. No opposition.
• Jason and Noel-Grace Jasinski (Applicants for variance): Argued that the existing garage is too small for modern vehicles and that rebuilding it in the same location with a 263 sq ft expansion is the most practical and least invasive option. They stated the garage would include a conditioned office space, not a rental apartment.
• Hat Maxwell (Opponent, neighbor and president of Tar River University Neighborhood Association): Opposed the variance, citing safety concerns about exiting onto Maple Street, potential precedent for weakening setback rules, and the need to maintain single-family zoning.
• Michael Barnum (Opponent, neighbor): Concerned about safety backing out of the garage and objected to the efficiency apartment concept.

Discussion Items

• Special Use Permit – Francisco Elvira: Staff reported the property is in RA20 zoning, complies with the future land use plan, and no conditions were recommended. Board discussion focused on the private street status of Fenner Drive. The permit was approved unanimously.
• Special Use Permit – Pinnacle Fire Tower Self Storage: Staff noted the property is zoned CG, with surrounding zoning including CG, RA20, and R6S. The applicant will subdivide the 10-acre lot, provide a 30-foot landscape buffer, and access will be right-in/right-out from Fire Tower Road. Board member Christopher Lilly disclosed a prior conversation with the applicant but stated it did not bias him. The permit was approved unanimously.
• Surrender of Special Use Permit – Daniel S. Kadis: The tenant requested surrender, but the property owner’s authorization was not obtained. The board voted unanimously to continue the matter to the next meeting.
• Special Use Permit – Dan Blackman & John Small: The daycare is proposed on a 21-acre parcel in the ETJ, zoned RA20 and CN. It will have seven classrooms for infants through pre-K4. Staff recommended conditions including compliance with state licensing. The permit was approved unanimously (6-0, with one member temporarily disconnected).
• Variance Request – Jason and Noel-Grace Jasinski: The applicants sought a variance from non-conforming regulations and dimensional standards to expand an existing garage. Staff recommended denial, arguing the hardship is not unique to the property (common in older neighborhoods) and the expansion is self-created. The board voted 5-1 against approval (one abstention), failing to reach the required four-fifths majority. The variance was denied. The applicants were informed of their right to appeal to Superior Court within 30 days.

Key Outcomes

• Approved: Francisco Elvira’s special use permit for a mobile home (unanimous).
• Approved: Pinnacle Fire Tower Self Storage special use permit (unanimous).
• Continued: Surrender of special use permit by Daniel S. Kadis (unanimous, to next meeting).
• Approved: Dan Blackman & John Small’s special use permit for a child daycare facility (unanimous).
• Denied: Jason and Noel-Grace Jasinski’s variance request (5-1 against, one abstention).
• Announcement: The board discussed a pending appeal by KLA Holdings, LLC, regarding a notice of violation. The case will be scheduled for an in-person hearing, likely in March or April 2022, as the applicant requested an in-person meeting.