Greenville Board of Adjustment Meeting - April 20, 2023: Approval of Three Special Use Permits
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Greenville Board of Adjustment Meeting - April 20, 2023
The Greenville Board of Adjustment met on April 20, 2023, at 6:00 PM in City Hall Council Chambers. The board held three public hearings and made decisions on special use permits for a multi-purpose center, a tobacco shop, and a microdistillery. The meeting included extensive testimony from applicants, opponents, and witnesses, along with board discussion and votes.
Public Hearing: Multi-Purpose Center (Rizzuti)
- Applicants: Richard P. and Meridith Rizzuti sought a special use permit to operate a multi-purpose center at 500 Elizabeth Street (plus two vacant lots at 414 Latham St. and 702 W. Fifth St.) in an R6 residential district. The center would host Christian study groups, Bible studies, and community activities for college students. The property includes an 8,500-square-foot house; only the first floor is used. The applicants also requested to use the two vacant lots for parking (17 spaces proposed).
- Opponent: Miss Squires, a neighbor who lives on Latham Street for 17 years, testified against the permit, citing excessive traffic, parking congestion, noise, and negative impacts on her health and disability. She reported that the center has been operating since August 2022 without a permit, causing anxiety, increased blood pressure, and difficulty for caregivers and emergency vehicles. She requested conditions such as a midnight curfew, no third-party rentals, and six-month reviews.
- Supporting Witnesses: Several students and volunteers spoke in favor, describing the center as a safe, supportive environment for study, faith, and community service. They emphasized that the parking lot would alleviate street parking issues and that the center closes by 5 PM on weekdays.
- Board Discussion: Board members debated whether the use would be detrimental to public welfare and whether the parking plan was sufficient. Concerns included the appropriateness of a non-residential use in a residential neighborhood, the potential for growth beyond 17 parking spaces, and the need to protect neighbors' peace. The board ultimately found that the permit, with conditions, would not be detrimental and would allow regulation of parking and activities.
- Key Outcomes:
- Motion on detriment to public welfare: Passed 4-2 (one abstention counted as 'no').
- Approval with staff conditions and three additional conditions: Time limit for student use 8:30 AM – 5:30 PM Monday–Friday; no overnight parking in the lot; adult supervision on property whenever a minor is present. Final approval unanimous.
- A written decision will be prepared and presented at the May 25, 2023 meeting for final adoption.
Public Hearing: Tobacco Shop Class 2 (Saleh)
- Applicant: Farouq Saleh applied for a special use permit to operate a tobacco shop class 2 at 250 Easy Street, Suite E, in a heavy commercial (CH) district. The shop would sell smoking apparatus and tobacco products.
- Staff Recommendation: Approval with conditions including no hookah café, no LED/flashing signs, window advertisement limited to 25%, no loitering, no smoking on premises, and compliance with all laws.
- Board Action: No public opposition. The board approved the permit unanimously with staff conditions. The decision is expected to be signed within a few weeks.
Public Hearing: Microdistillery as Accessory Use (Oliverio)
- Applicant: Bret Oliverio, owner of SUP Dogs, applied for a special use permit to operate a microdistillery as an accessory use to a bar at 218 East 5th Street in the downtown commercial district. Approximately 32% of the building would be a distillery, the remainder a cocktail bar.
- Staff Recommendation: Approval with conditions requiring a compliant floor plan and a microdistillery permit.
- Board Action: No opposition. The board approved the permit unanimously with staff conditions. Signing expected within two weeks.
Announcements
- Staff requested confirmation from board members about attendance at a School of Government training on May 17, 2023, at the Pitt County Ag Center. A group discount is available if at least 10 register by May 5.
Key Outcomes
- Rizzuti Multi-Purpose Center: Approved with three added conditions (time limit, no overnight parking, adult supervision with minors). Decision final after written order adoption in May.
- Saleh Tobacco Shop Class 2: Approved with staff conditions.
- Oliverio Microdistillery: Approved with staff conditions.
- Meeting adjourned at approximately 10:45 PM.
Meeting Transcript
The meeting will now come to order. Welcome to the April 20th, 2023 meeting of the City of Greenville Board of Adjustments. Miss Yates, would you please call the role? Anne Bellis. Here. Hunt McKinnon. Christopher Leely. Here. Shannon Evans. Here. Nathan Colin. Ryan Pernal. Here. Dan World. Here. Tanya Foreman. Here. We have quorum. Thank you. Good evening, Madam Chair and members of the board. All members present tonight are voting members for tonight's meeting. Thank you, Mr. Phillips. We will now call the cases as they appear on the agenda. I'm sorry, Ms. Phyllis, would you read your attorney statement? The following applies to all evidentiary matters for consideration by the board tonight. As stated on pages two to three of the meeting handout available to the public, 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. The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed by a court are relaxed for cases heard before this body. Though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material, competent, and substantial will be considered and may be used by the board in 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. 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. However, such an opinion may be admissible if it is made by an expert or by 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. A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible. The same rule applies to both the applicant and those in opposition. Pursuant to North Carolina General Statutes 160D-109 and 160D-406 and section four of the Board of Adjustments rules of procedure. No member of the Board of Adjustment shall participate in either the discussion or vote on any special use permit variance or appeal from an administrative officer's decision in any manner that would violate the effective person's constitutional right to a fair and impartial decision maker. Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind, an undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members. Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote. No board member shall take part in a hearing consideration or determine of determination of any matter in which the board member is involved or has a financial or personal interest. Personal interest shall be defined as having a family member involved in the project under consideration. A neighborhood association involvement where a board member is on the governing body of such association or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application. If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue. A majority vote of the remaining members present shall be required to excuse the member. No board member shall vote on any matter deciding an application or appeal unless he shall have attended the public hearing on that application or appeal. No board member shall discuss any case with any parties in interest prior to the public hearing on that case, provided, however, that members may receive and or seek information pertaining to the case from any other board members. If a board member has had an ex parte communication regarding any of the matters for consideration tonight, that needs to be disclosed at this time.
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