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Record of Proceedings

Greenville Board of Adjustment Meeting - January 25, 2024

Board of Adjustment — Thursday, January 25, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, January 25, 2024
StatusFILED
Video Record
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Transcript — Verbatim
1:37

January 25th, 2024 meeting of the City of Greenville Board of Adjustments.

1:42

Mrs.

1:42

Clerk, would you please call the roll?

1:44

Chair Evans.

1:45

Present.

1:46

Christopher Louie?

1:47

Here.

1:48

Caribaz.

1:49

Here.

1:50

Jermaine McNair.

1:51

Here.

1:52

Nathan Cohen?

1:53

Here.

1:53

Brian Purdle.

1:54

Here.

1:55

Daniel World.

1:56

Here.

1:56

Sterling Ruffin.

1:58

We have quorum.

2:00

Okay, thank you.

2:01

Mr.

2:02

Phillips?

2:03

Good evening, Madam Chair, members of the board.

2:06

All members present tonight are voting members for tonight's meeting.

2:11

Thank you.

2:14

You you can stay up there, Mr.

2:16

Phillips.

2:19

Mr.

2:19

Phillips, you want you can go back.

2:22

I think we're ready for your attorney statement.

2:25

Okay.

2:25

Um, did you want to go ahead and approve the minutes, or do you want me to go ahead and read?

2:29

If you'd like for me to go ahead and read, I can do that.

2:32

No, I'll not.

2:37

Did you win?

2:39

No.

2:43

We're gonna forego meeting minutes tonight.

2:46

Okay.

2:47

And uh we will do that at the next meeting.

2:51

Uh I think probably what you should do is vote.

2:54

Yes, okay.

2:56

Is there a motion to forego the reading approval of the meeting minutes tonight?

3:02

So moved.

3:03

Is there a second to that motion?

3:04

Second.

3:05

Okay.

3:06

It's been moved by Nathan Cohen, second by Brian Purtle.

3:09

All those in favor, please do so by saying aye.

3:12

All right.

3:13

All those opposed, please say nay.

3:15

Thank you.

3:17

And uh Madam Chair and members of the uh board.

3:21

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

3:25

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.

3:33

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.

3:44

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.

3:52

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

3:56

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

4:05

The board may not consider, nor is it admissible 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.

4:21

Statements by persons 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.

Discussion Breakdown — Share of Meeting
Zoning And Land Use███████████████████████████████████35%
Legal Procedure████████████████████████24%
Procedural██████████████████18%
Signage Regulation█████████████13%
Parks and Recreation█████5%
Alcohol Regulation█████5%
Summary of Proceedings

Greenville Board of Adjustment Meeting - January 25, 2024

The Greenville Board of Adjustment met on January 25, 2024 at 6:00 PM in City Hall Council Chambers. The board heard six public hearing items: a variance request for additional signage, four special use permits for mobile homes and a commercial recreation business, and an annual review of bars and microbreweries. All members were present and quorum was established.

Consent Calendar

  • Approval of Agenda: Adopted by voice vote.
  • Approval of Minutes: Board voted to forego reading and approval of the October 26, 2023 minutes; motion passed unanimously.

Public Comments & Testimony

  • US Foods Chef Store (Variance): Applicant Alan Steele, store manager, stated the "no membership required" sign is needed to inform customers that the store is open to the public; many mistakenly think it requires a membership. He said the sign would benefit business and that other US Foods stores have similar signs. No opposition speakers.
  • Crossland Homes (Special Use Permit): Applicant David Rice, manager, said the owner wants to replace an old stick-built home with a new mobile home on Frog Level Road; the property is across from a mobile home park. No opposition.
  • Alberto Hernandez (Special Use Permit): Dayton Evans, on behalf of Hernandez, stated Hernandez purchased a mobile home and moved it to the lot at Sandstone Court before learning of the permit process; existing septic tank is ready. No opposition.
  • LCG Properties (Special Use Permit - Anger Management Rage Room): Owner Lorena Garrison described the business as a rage room where customers break items (donated glassware, electronics, cars) for stress relief. She noted the business operates by appointment, has safety equipment, and targets a mostly female clientele aged 25–65. The move to Dickinson Avenue would provide better visibility and parking. No opposition.
  • Joyce Wright (Special Use Permit): Applicant Joyce Wright stated she purchased the lot to place a mobile home for her grandson. No opposition. Chair Evans disclosed a prior working relationship with Wright; the board voted no conflict of interest.

Discussion Items

  • Variance Request – US Foods Chef Store: Staff presented that the building has 300 linear feet of frontage, allowing 450 sq ft of wall signage; 447 sq ft was already approved. The applicant requested an additional 42 sq ft for a wall sign. Staff advised that freestanding sign space was available. The board discussed the peculiar hardship requirement; members noted no unique hardship was demonstrated. The board voted on each statutory criterion: 1) Unnecessary hardship – 6 aye (hardship not shown), 1 nay; 2) Hardship from peculiar conditions – unanimous aye (conditions not peculiar); 3) Hardship not self-created – unanimous aye; 4) Consistent with spirit – unanimous aye (variance not consistent). Motion to deny the variance passed.
  • Special Use Permits – Crossland Homes, Alberto Hernandez, LCG Properties, Joyce Wright: For each, staff recommended approval, finding the request could meet development standards. The board approved all four unanimously with staff-recommended conditions (e.g., compliance with building codes, site plan submission for LCG Properties). No discussion raised concerns.
  • Annual Review of Bars and Microbreweries: Staff reported that data from police, ALE, and ABC commission was received late and not yet compiled. The board voted to continue this item to the February 22, 2024 meeting for a full review with representatives.

Key Outcomes

  • Variance Denied (US Foods Chef Store): Motion to deny passed 6–1 (Jermaine McNair opposed). The board found the variance did not meet the required statutory criteria.
  • Special Use Permit Approved (Crossland Homes): Unanimous vote to approve with staff conditions.
  • Special Use Permit Approved (Alberto Hernandez): Unanimous vote to approve with staff conditions.
  • Special Use Permit Approved (LCG Properties – Anger Management): Unanimous vote to approve with staff conditions, including future site plan submittal.
  • Special Use Permit Approved (Joyce Wright): Unanimous vote to approve with staff conditions.
  • Annual Review Continued: Board voted unanimously to continue the review to the February 22, 2024 meeting.
  • Next Meeting: The board will meet next on February 22, 2024 to consider the continued bar and microbrewery review and any other business.

Meeting Transcript

January 25th, 2024 meeting of the City of Greenville Board of Adjustments. Mrs. Clerk, would you please call the roll? Chair Evans. Present. Christopher Louie? Here. Caribaz. Here. Jermaine McNair. Here. Nathan Cohen? Here. Brian Purdle. Here. Daniel World. Here. Sterling Ruffin. We have quorum. Okay, thank you. Mr. Phillips? Good evening, Madam Chair, members of the board. All members present tonight are voting members for tonight's meeting. Thank you. You you can stay up there, Mr. Phillips. Mr. Phillips, you want you can go back. I think we're ready for your attorney statement. Okay. Um, did you want to go ahead and approve the minutes, or do you want me to go ahead and read? If you'd like for me to go ahead and read, I can do that. No, I'll not. Did you win? No. We're gonna forego meeting minutes tonight. Okay. And uh we will do that at the next meeting. Uh I think probably what you should do is vote. Yes, okay. Is there a motion to forego the reading approval of the meeting minutes tonight? So moved. Is there a second to that motion? Second. Okay. It's been moved by Nathan Cohen, second by Brian Purtle. All those in favor, please do so by saying aye. All right. All those opposed, please say nay.

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