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Record of Proceedings

Greenville Board of Adjustment Meeting - June 27, 2024

Board of Adjustment — Thursday, June 27, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, June 27, 2024
StatusFILED
Video Record
0:00 / 1:26:36

Original source
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0:44

The meeting will now come to order.

0:46

Welcome to the June 27, 2024 meeting of the City of Greenville Board of Adjustment.

0:52

Ms.

0:52

Clerk, would you please call the road?

0:54

Christopher Lilly.

0:56

Here.

0:57

Sharon Evans.

0:58

Here.

0:58

Nathan Cohen.

1:00

Ryan Pertle.

1:02

We're here.

1:02

Daniel Worrell.

1:04

Present.

1:04

Carabass.

1:05

Here.

1:06

Clayton Sell.

1:07

Here.

1:08

Jermaine McNair.

1:11

Sterling Ruffin?

1:12

Here.

1:13

Nola Dixon.

1:15

We have quorum.

1:17

And Madam Chair and members, uh, all members present tonight are voting members for tonight's meeting.

1:23

Okay.

1:24

Thank you.

1:31

Ow.

1:33

I can't.

1:34

Mr.

1:35

Yates, can you let me know we don't have a screen?

1:37

Our screens are not working.

1:41

He's he's not telling.

1:43

Yes.

1:44

It's kind of blank up here.

1:49

Well, we're waiting on that.

1:50

We did not have any meetings, minutes from the last month meeting from May, since we didn't have a May meeting.

1:57

So there's no need to approve those minutes.

2:02

Unless we need due April.

2:04

April.

2:05

I'm sorry.

2:06

I move to approve April 25th minutes.

2:09

Second.

2:10

Okay.

2:11

There's a motion by Mr.

2:12

Worrell, second by Mr.

2:13

Pertle to approve those April meeting meeting minutes.

2:17

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

2:21

All those opposed, please say nay.

2:23

Thank you.

2:25

Mr.

2:25

Phillips.

2:26

Oh, I'm sorry.

2:28

Madam Chair, just to let everyone know they are aware and are trying to get that fixed.

2:32

Okay, thank you.

2:36

Madam Chair, members of the board, and members of the public.

2:40

The following general instruction to quasi judicial hearings and disclosure statement applies to all evidentiary matters for consideration by the board tonight.

2:50

To the board members of the public, please note that for any variance hearings, a four-fifths vote of the board is required to grant a variance.

2:58

For all other evidentiary hearings, the decision will be made by a simple majority vote of the board.

3:04

The hearings tonight are quasi-judicial evidentiary hearings.

3:07

That means that they are like a court hearing.

3:10

State law sets specific procedures and rules concerning how this board must make its decision.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████47%
Legal Procedure███████████████████████████28%
Procedural████████████13%
Public Comment██████6%
Public Health████4%
Mental Health Awareness█1%
Alcohol Regulation█1%
Summary of Proceedings

Greenville Board of Adjustment Meeting - June 27, 2024

The Board of Adjustment met on June 27, 2024 at 6:00 PM in City Hall Council Chambers. The board considered four special use permit applications: a mini-storage warehouse, a mental health day program, a tobacco shop, and a wine/beer store. The tobacco shop application was denied after a 4-3 vote finding it inconsistent with the comprehensive plan; the other three were approved unanimously with conditions. The meeting also included recognition of outgoing board members.

Consent Calendar

  • Minutes of April 25, 2024: Approved by unanimous vote.

Public Comments & Testimony

  • Tobacco Shop (Raed Alnamer): Robert Kittrell, representing his mother (adjacent property owner), attempted to testify in opposition. He argued the use would negatively impact property values and the surrounding residential character. The board voted that he lacked standing (motion by Mr. Worrell, second by Mr. Pertle), so his testimony was not admitted.

Discussion Items

1. Special Use Permit – Gateway West, LLC (Mini-Storage Warehouse)

  • Location: 3200 Stantonsburg Road (3.3 acres, near Walmart Neighborhood Market).
  • Proposal: 45,000 sq ft storage (30,000 climate-controlled, 15,000 non-climate-controlled) in five buildings.
  • Staff Report: Noticed on June 12; published in Daily Reflector June 15 and June 22. Conditions: stormwater/site plan approval, no exterior storage, compliance with building/fire codes. Use is consistent with future land use plan (commercial character type).
  • Applicant: Scott Anderson (PE, 25+ years civil engineering) testified the facility meets dimensional standards, includes a landscape buffer, and serves surrounding residential needs.
  • Board Action: No public opposition. Motion to approve with conditions passed unanimously (all ayes).

2. Special Use Permit – A Caring Heart Case Management, Inc. (Mental Health Day Program)

  • Location: 4051 South Memorial Drive, Suite C (1.8-acre parcel in Albemarle Center).
  • Proposal: Day program for adults with developmental disabilities (no overnight care).
  • Staff Report: Noticed June 12; published June 15 and June 22. Conditions: compliance with state/federal licensing, no clients allowed outside without staff supervision, building code compliance. Use is consistent with mixed-use future land use plan.
  • Applicant: Carol Chote (President/owner) described the program as a base for socialization and skill-building, serving families and individuals. She noted the company has operated similar programs in other locations without issues.
  • Board Discussion: A board member asked about the condition referencing opioid treatment programs; staff clarified it is a standard blanket condition. No public opposition.
  • Board Action: Motion to approve with conditions passed unanimously (all ayes).

3. Special Use Permit – Raed Alnamer (Tobacco Shop Class 1)

  • Location: 2791 Dickinson Avenue, Suite D (0.7-acre parcel in a new building near Spring Forest Road).
  • Proposal: Class 1 tobacco shop (no sale of water pipes, hookahs, or vape devices).
  • Staff Report: Noticed June 12; published June 15 and June 22. Conditions: no class 2 items, no LED/flashing signs, no loitering, compliance with all laws. Staff noted the property was rezoned from OR to general commercial in June 2016 despite being inconsistent with the future land use plan (which designates high-density residential). City Council approved the rezoning with a 4-3 vote, stating it was an appropriate classification.
  • Applicant: Raed Alnamer (owner of D’s stores) said the shop will comply with all codes and that he operates other compliant stores. He emphasized the need for small businesses.
  • Board Discussion: A board member noted the inconsistency with the comprehensive plan. After a motion and roll call, the board voted 4-3 that the proposed use does not meet the general criteria of Section 9-4-81(B) – “in general conformity with the comprehensive land use plan.” The vote breakdown: four in favor of the motion (finding non-conformity), three opposed. Despite staff’s opinion that the use could meet development standards, the board proceeded to deny the petition based on the criteria failure.
  • Board Action: Motion to deny the petition (by Mr. Worrell, second by Mr. Pertle) carried. The applicant was advised they could reapply after addressing the land use plan inconsistency with City Council.

4. Special Use Permit – Karen and James Clarke (Wine and Beer Store)

  • Location: 623 Red Banks Road (0.07-acre lot in Arlington Village shopping center).
  • Proposal: “Tub Thumpers Beverage Hosts” – retail wine and beer for off-premises consumption, with a focus on local breweries and wineries.
  • Staff Report: Noticed June 12; published June 15 and June 22. Conditions: not operated as a bar, compliance with ABC laws and building codes. Use is consistent with mixed-use high intensity future land use plan.
  • Applicant: Karen Clark (CEO/co-owner) described the concept and confirmed tastings would follow ABC rules (no on-premise consumption).
  • Board Discussion: A board member clarified that tastings are allowed under separate ABC permitting.
  • Board Action: Motion to approve with conditions passed unanimously (all ayes).

Announcements

  • Recognition of Outgoing Board Members: Director Lissa Evan and staff presented plaques to Sharon Evans (Chair), Chris Lilly (Vice Chair), and Nathan Cohen (not present) for six years of service on the Board of Adjustment.

Key Outcomes

  • Approved: Gateway West LLC mini-storage (unanimous), A Caring Heart Case Management day program (unanimous), Karen & James Clarke wine/beer store (unanimous). All approvals include staff-recommended conditions.
  • Denied: Raed Alnamer tobacco shop class 1 – motion to deny carried after a 4-3 vote finding the use inconsistent with the comprehensive plan. The applicant may reapply after seeking a land use plan amendment.
  • Standing Ruling: Robert Kittrell was denied standing to testify against the tobacco shop; the board found he did not demonstrate special damages.
  • Next Steps: Written decisions will be filed with the Secretary of the Board; decisions are subject to appeal to Superior Court within 30 days.

Meeting Transcript

The meeting will now come to order. Welcome to the June 27, 2024 meeting of the City of Greenville Board of Adjustment. Ms. Clerk, would you please call the road? Christopher Lilly. Here. Sharon Evans. Here. Nathan Cohen. Ryan Pertle. We're here. Daniel Worrell. Present. Carabass. Here. Clayton Sell. Here. Jermaine McNair. Sterling Ruffin? Here. Nola Dixon. We have quorum. And Madam Chair and members, uh, all members present tonight are voting members for tonight's meeting. Okay. Thank you. Ow. I can't. Mr. Yates, can you let me know we don't have a screen? Our screens are not working. He's he's not telling. Yes. It's kind of blank up here. Well, we're waiting on that. We did not have any meetings, minutes from the last month meeting from May, since we didn't have a May meeting. So there's no need to approve those minutes. Unless we need due April. April. I'm sorry. I move to approve April 25th minutes. Second. Okay. There's a motion by Mr. Worrell, second by Mr. Pertle to approve those April meeting meeting minutes. All those in favor, please do so by saying aye. All those opposed, please say nay. Thank you. Mr. Phillips.

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