Greenville Board of Adjustment Meeting - July 28, 2022
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Greenville Board of Adjustment Meeting - July 28, 2022
The Greenville Board of Adjustment met on July 28, 2022, at 6:00 PM in City Hall Council Chambers to consider six special use permit requests. The board approved four permits, tabled one, and accepted one withdrawal. The meeting included public hearings, staff reports, and board discussions on each item.
Approval of Minutes
- The board approved the minutes from the June 23, 2022 meeting with a correction requested by Mr. Hunt on page 17, changing "unit four to four A" to "four to a two" to reflect that each unit would have two bedrooms. The motion carried unanimously.
Public Hearing 1: Durban Development – Minor Repair Facility (Oil Change) on East Fire Tower Road
- Public Comments: No speakers in favor or opposition.
- Discussion: Staff recommended conditions including final platting, stormwater management, and site plan approval. The applicant proposed a three-bay drive-through oil change. Board members asked about tire storage (none), sidewalk requirements (required along Fire Tower Road), and oil spill containment (building designed as a bathtub). The applicant stated they plan to subdivide the parcel for future development.
- Key Outcomes: The board approved the finding of facts and the petition unanimously. The special use permit was granted.
Public Hearing 2: William Casey Jr. and Kellie Casey – Building Supply and Outside Storage at 102 Wade Street
- Public Comments: None in opposition or favor besides the applicant.
- Discussion: The applicants operate Superior Fence and Rail of Eastern NC. They will store materials in a lay-down yard with screening. Staff recommended conditions including site plan approval and screening. Board questions covered material delivery (tractor trailers), manufacturing (CNC router for vinyl), waste disposal, and parking. The applicants have a three-year lease.
- Key Outcomes: The board approved the finding of facts and the petition unanimously. The special use permit was granted.
Public Hearing 3: Lee Hall Plaza, Inc. – Regulated Outdoor Activities (Outdoor Dining) at Stantonsburg Road and Allen Road
- Public Comments: None from the public.
- Discussion: The applicant (Royal Farms convenience store) seeks to add six outdoor tables. Staff recommended conditions prohibiting amplified noise, requiring opaque fencing, and limiting outdoor activities. The applicant requested clarification on the traffic impact analysis condition; staff clarified that coordination with NCDOT is sufficient. Board questions focused on preserving existing trees and sidewalk requirements along both thoroughfares.
- Key Outcomes: The board approved the finding of facts and the petition unanimously. The special use permit was granted.
Public Hearing 4: Raed Alhamer – Tobacco Shop Class 1 at 1210 N Memorial Drive
- Public Comments: Evelyn Cohen and Calvin Henderson, representing Greenville Community Christian Church (located 250 feet away), expressed concern about the impact of vaping and tobacco on children and youth. They urged the board to consider the proximity to the church and child care.
- Discussion: Staff reported that the applicant opened without a permit and had been issued violations. The shop had been selling smoking apparatuses (class 2 items) but removed them. The applicant stated he misunderstood the permitting process due to communications with city staff. Board members noted patterns of non-compliance at other locations (signage, LED lights). The applicant expressed willingness to comply.
- Key Outcomes: After a motion by Mr. Hunt and second by Mr. Purdle, the board voted to table the petition until the property is brought into compliance with all city requirements, including removal of non-permitted signage and LED lights. The applicant was instructed to continue operating as previously directed (no sale of tobacco products until permit is granted). The matter will be revisited at the August meeting. The motion passed by show of hands.
Public Hearing 5: Chris and Kendra Loignon – Wine and Craft Beer Shop at 207 E. Arlington, Suite 102-B
- The board received a request to withdraw the application. A motion to accept the withdrawal was made by Mr. Hunt and seconded by Mr. Brann, and passed unanimously.
Public Hearing 6: Primax Properties, LLC – Minor Repair Facility (Oil Change) at 605 SW Greenville Boulevard
- Public Comments: A nearby resident (representing herself and a neighbor) asked that existing volunteer trees along the property line be preserved to maintain a noise and visual barrier. She did not oppose the use but wanted a strong buffer.
- Discussion: Staff recommended conditions. The applicant proposed a two-bay oil change and noted a 15-foot buffer yard (type E) with screening fence and evergreens already planned. Board members discussed preserving existing mature trees and allowing credit toward the buffer requirement. Staff indicated they would work with the applicant to ensure the buffer meets ordinance standards while retaining existing trees. Sidewalk requirements along Greenville Boulevard were also discussed.
- Key Outcomes: The board approved the finding of facts and the petition. The motion carried unanimously. The city attorney will prepare a written order for the contested case.
Announcements and Adjournment
- No announcements. A motion to adjourn was made and carried unanimously.
Meeting Transcript
Not our voting. And just the um just to go through the script. Um good evening, Chair and Board members. Um, the following applies to all matters for consideration for the board tonight. Uh the evidence to be considered by the board of adjustment is as follows. 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. Uh the members of the board of adjustment are laypersons, and as such, the rules of evidence that are followed in court are relaxed for cases heard before this body. Uh though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material uh competent and substantial will be considered and may be used by the board in making its decision. Um its decision making process. 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. These writings are considered hearsay. Uh statements by a person such as, in my opinion, the applicant the application will create a had a traffic hazard is not an admissible opinion and may not be considered by the board. However, such an opinion may be admissible if it is made by an expert or a person who was 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. A lay person can give an opinion, but he or she must present facts to show how the proposal affects his or her piece of property specifically and not in a general way. Um state law, no member of the board shall participate either in the decision or vote in any special use permit variance or appeal from any administrator's decision in any matter that would violate the affected person's constitutional right to a fair and impartial decision maker. Prohibited conflict conflicts include but are not limited to a member having a fixed opinion prior to the hearing, hearing the matter, and not willing to consider changing his or her mind and undisclosed ex parte communications with the person before the board, any witnesses, staff, or other board members. Um so that's just the the opening statement regarding the rules, and I will now turn it back into the hands of the chair. Thank you. Is there a motion to approve the minutes from last month? I have a correction I'd like to request on page 17 at the bottom, last paragraph. It says unit four to four A. I believe it should be a four to a two because the units had four bedrooms in the sense of the paragraph and the sentence was that if you put in a dividing wall, there would be two units and each would have two bedrooms. And below that, whoever lives there, there would be four bedrooms, and the current minutes say is that's just an editorial change. Okay. Did you get that notification? Okay. Are there any other changes or corrections? Is there a motion to approve the minutes with the four mentioned corrections by Mr. Hunt? Sir moved. Second. Okay, thank you. Uh Mr. Clerk, did you get that? Chris. Okay, thank you. It's been moved and seconded. All those in favor, please do so by saying aye. Aye. All those opposed. The minutes have been approved. On to new business for tonight. There's a public hearing on a request for a special use permit by Durban Development. The applicant Durban Development desires to operate a minor repair facility pursuant to appendix A, use 9B of the Greenville City Code. The proposed use is located on East Fire Tower Road. The property is further identified as being tax parcel number 82913. Can we get those people sworn in or let me see? Oh no, yes. Okay.
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