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Record of Proceedings

Greenville Board of Adjustment Meeting – May 26, 2022

Board of Adjustment — Thursday, May 26, 2022
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, May 26, 2022
StatusFILED
Video Record
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Transcript — Verbatim
0:38

This meeting will now come to order.

0:40

Welcome to the May 26, 2022 meeting of the City of Greenville Board of Adjustment.

0:45

At this time we'll have a roll call, Mr.

0:47

Clerk, if you would.

0:48

Yes, sir.

0:49

Rodney Bullock?

0:50

Here.

0:50

Christopher Lilly?

0:51

Here.

0:52

Ann Bellis.

0:53

Here.

0:53

Hunt McKinnon?

0:54

Here.

0:55

Sharon Evans?

0:56

Here.

0:57

Nathan Cohen.

0:58

John Landrine?

1:00

Here.

1:00

Brian Pertle?

1:01

Here.

1:02

Nathan Brann.

1:03

Here.

1:04

Mr.

1:04

Chair of a Quorum.

1:05

Thank you, sir.

1:06

Mr.

1:06

Phillips.

1:07

And uh good evening, everyone.

1:08

Uh, Mr.

1:09

Brandon is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions for purposes of tonight's evidentiary hearings.

1:19

Very good.

1:20

At this time, uh I will seek a motion for the approval of last month's minutes.

1:25

Do I have a motion?

1:26

So moved.

1:27

Motion by Mr.

1:28

Hunt.

1:28

Is there a second?

1:29

Second.

1:30

There is a second.

1:31

All right.

1:32

All of those in favor, would you please state that by saying aye?

1:35

Aye.

1:36

All right.

1:36

Those that are posed.

1:39

All right.

1:39

At this time, we'll have the attorney statement by Mr.

1:42

Phillips.

1:44

Thank you, Mr.

1:45

Chairman.

1:46

The following applies to all evidentiary matters for consideration by the board tonight.

1:51

As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows.

2:00

The Board of Adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition.

2:11

The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body.

2:19

Though the rules of evidence are relaxed, it does not mean that they are ignored.

2:23

Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision making process.

2:31

The board may not consider, nor is it admissible to present or offer affidavits, letters, or other writings in support of or in opposition to a matter before the board unless the person who prepared the writing is testifying.

2:43

These writings are considered hearsay.

2:45

Statements by a person, such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board.

2:54

However, such an opinion may be admissible if it is made by an expert or a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report.

3:09

A layperson can give an opinion, but he or she must also present facts to show how the proposal affects his or her piece of property specifically and not just in a general way.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████53%
Cannabis Regulation████████████████████24%
Legal Procedure███████████13%
Zoning And Land Use████████10%
Summary of Proceedings

Greenville Board of Adjustment Meeting – May 26, 2022

The Greenville Board of Adjustment held a regular meeting on May 26, 2022, at 6:00 PM in City Council Chambers. The board conducted one evidentiary hearing for a Special Use Permit and handled routine business including approval of prior minutes.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the draft minutes from the April 28, 2022 meeting.

Discussion Items

  • Special Use Permit for Tobacco Shop Class 1 (Applicant: Yazan Alzokari): The applicant requested a Special Use Permit to operate a Tobacco Shop Class 1 at 302 Suite C SE Greenville Boulevard (tax parcel 21827). The property is zoned CG (General Commercial) and is 0.89 acres, with proposed 1,200 sq ft tenant space. Staff presented the location, zoning, and surrounding uses (including single-family homes to the south). Staff recommended conditions: no smoking apparatus sales (no water pipes, vapes, etc.), no LED/flashing lights, advertisements limited to 25% of windows/doors, no loitering, no smoking on premises, and compliance with all laws. Board members questioned staff about the loitering condition and enforcement. The applicant, Yazan Alzokari, stated he and his brothers own 23 stores across the region, including three in Washington, NC, and one in Belhaven. He expressed his desire to be in Greenville for his son's upcoming college attendance at ECU and noted 12 years of business experience. No public opposition was voiced.

Key Outcomes

  • The board unanimously approved the findings of fact and granted the Special Use Permit with all recommended conditions from staff. The motion carried without opposition. The applicant signed the required documentation.

Meeting Transcript

This meeting will now come to order. Welcome to the May 26, 2022 meeting of the City of Greenville Board of Adjustment. At this time we'll have a roll call, Mr. Clerk, if you would. Yes, sir. Rodney Bullock? Here. Christopher Lilly? Here. Ann Bellis. Here. Hunt McKinnon? Here. Sharon Evans? Here. Nathan Cohen. John Landrine? Here. Brian Pertle? Here. Nathan Brann. Here. Mr. Chair of a Quorum. Thank you, sir. Mr. Phillips. And uh good evening, everyone. Uh, Mr. Brandon is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions for purposes of tonight's evidentiary hearings. Very good. At this time, uh I will seek a motion for the approval of last month's minutes. Do I have a motion? So moved. Motion by Mr. Hunt. Is there a second? Second. There is a second. All right. All of those in favor, would you please state that by saying aye? Aye. All right. Those that are posed. All right. At this time, we'll have the attorney statement by Mr. Phillips. Thank you, Mr. Chairman. The following applies to all evidentiary matters for consideration by the board tonight.

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