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Record of Proceedings

Greenville Board of Adjustment Meeting – September 22, 2022

Board of Adjustment — Thursday, September 22, 2022
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, September 22, 2022
StatusFILED
Video Record
0:00 / 2:50:51

Transcript — VerbatimClick a line to jump · ⧉ to share it
0:12

The meeting would now come to order.

0:14

Welcome to the September 22nd, 2022 meeting of the City of Greenville Board of Adjustment.

0:21

Mr.

0:22

Tony Parker, would you please call the roll?

0:24

Yes, ma'am.

0:25

Sharon Evans?

0:26

Present.

0:27

Christopher Lilly?

0:28

Here.

0:28

Ann Bellis?

0:29

Here.

0:30

Hunt McKinnon?

0:31

Here.

0:32

Nathan Cohen?

0:33

Here.

0:34

John Landrine?

0:35

Here.

0:36

Brian Pertle?

0:37

Here.

0:38

Daniel Worrell.

0:39

Here.

0:39

Tony Foreman?

0:41

Here.

0:42

Madam Chair, you have a quorum.

0:44

Thank you.

0:44

Good evening, Madam Chair and members of the board.

0:48

The voting members for all agenda items tonight are as follows.

0:53

Ms.

0:53

Bellis, Mr.

0:54

McKinnon, Mr.

0:55

Lilly, Ms.

0:56

Evans, Mr.

0:58

Cohen, Mr.

0:59

Landrene, and Mr.

1:00

Pertle, Mr.

1:01

Worr, and Miss Forman.

1:04

They are not allowed to vote, but they can participate in any of the discussions tonight.

1:10

Okay.

1:10

And ask questions.

1:13

Thank you.

1:15

Is there a motion for approval of last month's meetings?

1:20

Minutes.

1:20

So moved.

1:21

There's second.

1:24

Sorry.

1:25

I'd like to make just a couple of changes on the minutes.

1:28

Can you speak up a little bit?

1:30

A couple changes to the minutes.

1:33

Where is it?

1:35

On the section pages.

1:37

What pages are they?

1:39

It's page 11.

1:45

Page 11 where I uh recused myself from the SHUA Foundation case.

1:54

Several places it just says accused.

1:57

Instead of recused.

1:58

Yeah, I don't like to be accused of really nothing.

2:01

So I don't mind being recused, but not accused.

2:04

So it it actually says it in four or five different places, just typos.

2:08

So I'd fix it.

2:11

So you're asking for the replacement of the word accused with recuse.

Discussion Breakdown — Share of Meeting
Procedural████████████████████████████████32%
Zoning And Land Use█████████████████17%
Legal Procedure█████████████13%
Noise Pollution████████8%
Public Comment███████7%
Disability Rights███████7%
Public Safety█████5%
Land Use███3%
Firearms Regulation██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting – September 22, 2022

The Greenville Board of Adjustment met on September 22, 2022, at 5:55 PM in City Hall Council Chambers to conduct quasi-judicial hearings on several special use permits and an administrative appeal. The board approved minutes with a correction, granted continuances, and voted on five petitions, with decisions ranging from unanimous approval to a split vote on one criteria.

Consent Calendar

  • Approval of Minutes (August 25, 2022): Approved unanimously after correcting the word "accused" to "recused" in four to five places on page 11, as requested by member John Landrine.

Old Business

  • KLA Holdings LLC Administrative Appeal (1300 Allen Ridge Road): Continued by unanimous vote; no further discussion.
  • Michael Glenn/OMG Properties LLC – Special Use Permit for Private Club (622 S. Pitt Street): The applicant, Michael Glenn, proposed a craft cocktail bar in a ~3,000 sq ft existing building. He emphasized preserving the historic structure, using exterior space for a food truck, and relying on nearby city lots for parking. No opposition speakers. Approved unanimously with staff-recommended conditions (site plan approval required prior to building permit).

New Business

  • A&B Tobacco Inc. – Special Use Permit for Tobacco Shop Class 1 (2120 Fire Tower Road, Suite 117): The applicant, Havdala, operates a similar store on 10th Street and agreed to staff conditions prohibiting smoking apparatus, drive-through windows, LED/flashing signs, and limiting advertisements to 25% of windows/doors, with no smoking on premises. No opposition. Approved unanimously.
  • Coastal Plain Shooting Academy – Special Use Permit for Indoor Firearm Range (Diamond Drive): The applicant (Michael Biggerstaff and Mitchell Mason) proposed a 14,000 sq ft soundproof facility with 12 shooting lanes, classrooms, retail, and gunsmithing. Hours of operation projected 10 AM–9 PM. Opposition came from Emily Bates (owner of adjacent Hunter Haven Farm, with 16 horses) who stated she would not have purchased the property had a range existed and argued the noise would injure horses and devalue property. Elisa Arro spoke as a witness in support of the farm. After extensive board discussion, a roll call vote on the criterion "injury to properties or improvements" resulted in 6-1 (Hunt McKinnon dissenting, citing lack of expert evidence to refute the neighbor's claim). The overall petition was approved 6-1 (McKinnon voting no). The board directed the attorney to draft a written decision and order for the next meeting (originally October 27, later canceled).
  • Idella’s Care Homes LLC – Special Use Permit for Mental Health/Rehabilitation Day Treatment Facility (105 E. Victoria Court, Unit B): The applicant, Eunice Hart, described the program as an adult day program for cognitive/physical impairments, operating weekdays 9 AM–5 PM. Supporters included a parent (Connie Grady) whose son with autism had been successfully placed, and a staff member (Russell Rouse). No opposition. Approved unanimously with conditions.
  • Proposed BOA Decision and Order Granting Special Use Permit for Primax Properties, LLC: The board considered the written decision from the July 28 hearing. Member Ann Bellis moved to add a condition that no tires be stored outdoors on the property, citing mosquito concerns. The motion passed 5-1 (one dissenting member). The decision and order was approved with the added condition.
  • Proposed BOA Decision and Order for Raed Alhamer: Deferred to the next meeting as not yet ready.

Key Outcomes

  • Minutes approved with a correction (6:0).
  • KLA Holdings appeal continued (unanimous).
  • Michael Glenn/OMG Properties private club approved (unanimous).
  • A&B Tobacco Inc. tobacco shop approved (unanimous).
  • Coastal Plain Shooting Academy indoor firearm range approved (6-1; McKinnon dissenting on injury criterion; final vote 6-1). Next steps: written decision to be drafted for October 27 meeting.
  • Idella’s Care Homes LLC day treatment facility approved (unanimous).
  • Primax Properties decision and order approved with added condition on outdoor tire storage (5-1).
  • October 27 meeting canceled by vote; next regular meeting scheduled for November 17, 2022.

Meeting Transcript

The meeting would now come to order. Welcome to the September 22nd, 2022 meeting of the City of Greenville Board of Adjustment. Mr. Tony Parker, would you please call the roll? Yes, ma'am. Sharon Evans? Present. Christopher Lilly? Here. Ann Bellis? Here. Hunt McKinnon? Here. Nathan Cohen? Here. John Landrine? Here. Brian Pertle? Here. Daniel Worrell. Here. Tony Foreman? Here. Madam Chair, you have a quorum. Thank you. Good evening, Madam Chair and members of the board. The voting members for all agenda items tonight are as follows. Ms. Bellis, Mr. McKinnon, Mr. Lilly, Ms. Evans, Mr. Cohen, Mr. Landrene, and Mr. Pertle, Mr. Worr, and Miss Forman. They are not allowed to vote, but they can participate in any of the discussions tonight. Okay. And ask questions. Thank you. Is there a motion for approval of last month's meetings? Minutes. So moved. There's second. Sorry. I'd like to make just a couple of changes on the minutes. Can you speak up a little bit? A couple changes to the minutes. Where is it? On the section pages.

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