Greenville Board of Adjustment Meeting - July 27, 2023

The Greenville Board of Adjustment met on Thursday, July 27, 2023, at 6:00 p.m. in City Hall Council Chambers, 200 West 5th Street. The board approved minutes, conducted seven quasi-judicial public hearings, elected officers, and adjourned. Members present were Sharon Evans, Dylan Godley, Nathan Cohen, Carol Bass, Ryan Purdle, Daniel Worrell, and Tanya Foreman; Hunt McKinnon and Christopher Leely were absent. Special-use permit decisions required a simple majority, while the variance required a four-fifths vote.

Opening and Procedural Matters

• The June 22, 2023 meeting minutes were approved by acclamation.
• No ex parte communications were disclosed.
• By unanimous consent, the board reordered the agenda to hear Item 7 (Desai Partners) first at the request of Dr. Abdullah, whose oncology practice abuts the subject site and who had a patient receiving chemotherapy that day.

Public Comments & Testimony

• In the Desai Partners fast-food restaurant hearing, Dr. Abdullah of Eastern Oncology & Hematology was granted standing as a neighboring property owner and business. He opposed the proposal, testifying that cooking odors from a restaurant a few feet from his chemotherapy infusion room could trigger nausea and vomiting in patients, sometimes forcing treatment to stop. Eddie Stallings, an oncology patient, supported that opposition and said any restaurant odor would drive him and other patients away from the practice.
• In the Gaskins variance hearing, the neighbors at 1212 Abby Drive and James Merkel, an adjacent rear property owner, were granted standing. They opposed the variance, arguing the 10-foot setback violation was caused by incorrect staking and that the placement harmed privacy and neighborhood expectations. The 1212 Abby Drive neighbors asked that, if the board approved the variance, an $8,500 escrow condition be added to cover a fence.
• No public opposition was offered on the other public hearing items.

Discussion Items

1. Desai Partners, LLC - Fast-Food Restaurant at 2109 W Arlington Blvd

• Brian Edwards of Rivers & Associates presented for Desai Partners, LLC. The proposal was a multi-tenant building with retail and two fast-food restaurants (about 25% of the gross square footage), drive-through lanes, and a future medical office in the rear. Direct curb access from Arlington was not proposed because DOT spacing requirements would not allow it; access would use existing easements through the adjacent hotel and retirement center properties.
• Planning staff found the use consistent with the future land use plan and recommended approval subject to site plan approval and North Carolina fire/building code compliance.
• After hearing opposition and comparing the situation to Physicians East, where restaurants were roughly 300+ feet from oncology, board discussion focused on distance, tree buffer, prevailing winds, and uncertainty about odor impacts. The board voted on the nuisance/hazard criterion by roll call; one member initially abstained, with the abstention counted as a no vote, but the motion carried. The board then approved the findings of fact and the petition with staff conditions. The city attorney was directed to draft the written order for presentation at the August 24 or September 28 meeting.

2. Ahamed Saleem - Tobacco Shop Class 1 Expansion at 141 SW Greenville Blvd

• The applicant, Ahamed Saleem, sought to expand an existing tobacco shop class 1 into the next unit. Staff noted the case had been continued from June and that the property met separation requirements. Recommended conditions included no tobacco shop class 2 or hookah use, no retail smoking apparatuses, window and glass advertisement limits, no outside loitering, and code compliance. No one testified against the request. The board approved the findings and petition with the staff conditions.

3. Shiloam Affairs, LLC - Bar Permit and Surrender of Convention Center Permit at 215 E Arlington Blvd

• Mona Epps Gilliam, CEO of Shiloam Affairs, LLC, requested a special use permit for a bar because her event venue sought an ABC permit. Staff explained the correct sequence was to approve the bar permit first and then surrender the existing convention center private permit. No opposition was present. The board approved the bar permit with staff conditions; the applicant confirmed under oath that she voluntarily surrendered the convention center private permit, and the board accepted the surrender. The change becomes effective when the written decision is signed.

4. Razel Holdings, LLC - Warehouse/Mini-Storage with Outside Storage at 0 Old Pactolus Rd

• The applicant, Amit Rosale, sought a special use permit for warehouse/mini-storage with outside storage on an 11.72-acre parcel with about 1,000 feet of frontage along Greenville Boulevard and Old Pactolus Road. Staff recommended conditions including final platting, stormwater/erosion control, site plan approval, floodplain compliance, and state fire/building codes. Board discussion touched on floodplain risks and nearby Wildwood Park trails; staff said vegetated buffers and floodplain ordinance requirements would apply. No opposition was offered. The board approved the permit.

5. Gaskins Land Surveying, P.A. - Side Setback Variance at 1216 Abby Dr

• The applicant requested a 1.45-linear-foot (+/-2 sq ft) variance from the required 10-foot side setback in an R9S district because a foundation corner encroached into the setback. Surveyor Kendall Gaskins testified the house was staked and poured in an error discovered during the foundation survey. Staff recommended approval, saying the encroachment was tiny and that no easy relocating fix was available because of the lot shape and adjacent house.
• The board applied the statutory variance criteria. It accepted the first two criteria by silence, but Mr. Worrell called for a vote on whether the hardship was not self-created. After discussion and review of the city packet and the School of Government quasi-judicial handbook, the board voted unanimously that the hardship was self-created. Since all four variance criteria must be met and a four-fifths vote was required, the variance failed. The board then voted unanimously to deny the variance. The city attorney was directed to draft the written decision for a future meeting.

6. Crones, LLC - Tobacco Shop Class 1 at 1200 Glenn Arthur Ave

• Max Jorner, for Crones, LLC, requested a tobacco shop class 1 permit for a 0.23-acre parcel in the CDF district near East Carolina University. He described a cigar shop with on-site smoking and stated it would not sell smoking apparatuses, distinguishing it from a tobacco shop class 2. No opposition was present. The board approved with the standard tobacco shop conditions and fire/building code compliance.

7. Mark and Phoi Phillips - Bar at 917 Red Banks Rd

• Mark Phillips requested a bar permit for a 0.06-acre property in Arlington Village, describing a reverse speakeasy with a hair salon in the back and a bar in the front. Hours were generally planned for after 5 p.m., with a 2 a.m. statutory outside limit but a typical closing around 10-11 p.m. Board discussion included hours and potential noise; the city attorney noted that North Carolina law does not allow a city to regulate hours tied to an ABC permit. No opposition was present. The board approved with staff conditions.

Election of Officers

• Sharon Evans was nominated and elected chair for the next term.
• Christopher Chris Lilly was nominated and elected vice chair for the next term.

Key Outcomes

• Approved Desai Partners fast-food restaurant special use permit with staff conditions; written order pending.
• Approved Ahamed Saleem tobacco shop class 1 expansion.
• Approved Shiloam Affairs bar permit and accepted surrender of its convention center private permit.
• Approved Razel Holdings warehouse/mini-storage permit.
• Denied Gaskins Land Surveying variance after a unanimous vote that the hardship was self-created.
• Approved Crones, LLC tobacco shop class 1 permit.
• Approved Mark and Phoi Phillips bar permit.
• Elected Sharon Evans chair and Chris Lilly vice chair.