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Record of Proceedings

Greenville Board of Adjustment Approves Automotive Repair Permit and Elects Officers on July 25, 2024

Board of Adjustment — Thursday, July 25, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, July 25, 2024
StatusFILED
Video Record
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Transcript — Verbatim
2:27

The meeting will now come to order.

2:29

Welcome to the July twenty-fifth, twenty twenty-four meeting of the City of Greenville Board of Adjustment.

2:35

Mrs.

2:35

Clerk, would you please call the roll?

2:37

Chair Evans.

2:38

Here.

2:39

Brian Pertle.

2:40

Here.

2:40

Daniel World.

2:42

Here.

2:42

Jermaine McNeil.

2:44

Here.

2:45

Sterling Ruffin.

2:47

Clayton Sell.

2:49

Nola Dixon.

2:51

Simon Swain.

2:53

Nicholas White.

2:54

Carabass.

2:56

Here.

2:57

We have four.

2:58

Thank you.

3:00

Mr.

3:00

Phyllis, would you please let us know who the voting members are tonight?

3:07

Yes, ma'am, Madam Chair.

3:09

The voting members for the agenda items tonight are Ms.

3:12

Evans, Mr.

3:13

Purdle, Mr.

3:15

Warrell, Miss Bass, Mr.

3:19

McNair, Mr.

3:21

Self, and Miss Dixon.

3:25

Mr.

3:26

Swain and Mr.

3:27

White are not voting members but are allowed to participate in the discussions and are allowed to ask questions.

3:34

And so Madam Chair may also address probably a little bit of an elephant in the room.

3:39

Uh how is Madam Chair still uh present?

3:42

Um and so um uh the Madam Chair's term did expire.

3:49

However, she's a holdover because no one has yet been appointed to her seat.

3:54

So under the City of Greenwall's uh Board and Commission policy, her uh term extends until such time as that person has taken over.

4:04

So just want to let you know about that.

4:07

Thank you.

4:11

Okay, I think before you do your attorney statement, do you want us to do the election of officers?

4:20

Also, are they voting members for the election of officers?

4:23

I'm a voting member as you voting members.

5:04

And for purposes of this vote, uh Madam Chair, all members are eligible to vote on this.

5:10

Correct.

5:11

Madam Chair, your rules of procedure, Section 3-1 states the chairman shall be elected by majority vote of the full membership of the board.

5:20

The board member having seniority will be given first consideration for nomination.

5:25

Should that person decline said nomination?

5:27

The nominees will then be chosen from the remaining regular board members.

5:32

The term of office shall be for one year and shall begin on June 1st or until a successor is elected, and he or she shall be eligible for re-election.

5:42

Subject to these rules, the chairman shall decide upon all points of order and procedure unless directed otherwise by a majority of the board in session at the time.

5:53

The chairman shall appoint any committees found necessary to investigate any matter before the board.

5:59

The chairman shall have a vote on all matters before the board.

6:02

An election for the position of chairman of the board of adjustment is required at tonight's meeting.

6:08

Now, one of the things that the given the circumstances that probably was not anticipated at the time the agenda was made.

6:23

For the next meeting, you could keep it on this agenda item at this time, elect the member and have uh the chair uh have it so that the chair first holds uh the meeting at the next meeting as opposed to switching you know taking the gavel.

6:42

I will say that Madam Chair is eligible for re-election.

6:46

Um she is the senior member.

6:49

Uh for those that uh uh want to know also I will let you know the order uh following Madam Chair in seniority.

6:57

Mr.

Discussion Breakdown — Share of Meeting
Legal Procedure██████████████████████████████████████████42%
Procedural████████████████████20%
Zoning And Land Use██████████10%
Pending Litigation██████████10%
Public Engagement██████████10%
Infrastructure███3%
Engineering And Infrastructure██2%
Public Safety██2%
Public Works█1%
Summary of Proceedings

Greenville Board of Adjustment Meeting - July 25, 2024

The Greenville Board of Adjustment convened on Thursday, July 25, 2024, at 6:00 PM in City Hall Council Chambers (200 West 5th Street). The meeting included a public hearing on a special use permit for an automotive major repair facility and concluded with elections for board officers. Voting members present: Chair Sharon Evans, Brian Pertle, Daniel Worrell, Carolyn Bass, Jermaine McNair, Clayton Self, and Nola Dixon. Non-voting members Simon Swain and Nicholas White participated in discussions.

Consent Calendar

  • Agenda Approval: Motion by Mr. Worrell, second by Mr. Pertle, to approve the agenda as modified (moving new business to the top) was approved unanimously by voice vote.
  • Minutes Approval: Motion by Mr. Pertle, second by Mr. Worrell, to approve the minutes from June 27, 2024, was approved unanimously.

Public Comments & Testimony

Applicant's Presentation (Public Hearing for Special Use Permit)

  • Mohamed Mohamed (applicant/manager) and Haroon Mohammed (assistant manager) presented a request to operate an automotive major repair facility (tire and body shop) at 1721 W. 5th Street, tax parcel 22810. They plan to convert a former six-stall car wash by closing two bays with overhead doors for repair work, storing tires inside, and adding a bathroom and waiting area. They committed to following all safety protocols and guidelines.

Opposition Testimony

  • Donald Taylor (owner, Taylor Capital LLC, adjacent property) was granted standing (vote 6-1) and expressed concerns about enforcement of regulations, noting that the existing fence is on his property, and he feared the site could become a junkyard. He referenced prior negative experiences with a different property (parcel 1706) to illustrate potential risks, but the board noted it was an example, not evidence against this applicant.
  • Ray Rogers (Deacon, New Dimensions Community Church) sought standing on behalf of the church and property owner James Tetterton. The board initially granted him standing as an agent of the church, but then voted not to grant standing for special damages (motion by Mr. Pertle, second by Mr. McNair). He did not testify further.
  • Trudy Gully (property manager for James Tetterton, owner of 1700 W. 6th Street) was sworn in and granted standing after demonstrating her agency. She testified that the church has been a tenant for 15 years, and she is concerned about nighttime safety for elderly congregants, potential property devaluation, and enforcement. She noted the property's value has improved and feared the auto repair use could undo that.

Board Discussion

  • Board members recognized the opposition's concerns but reiterated that enforcement is a city responsibility, not a reason to deny the permit. No evidence was presented showing the applicant would fail to comply with conditions.

Discussion Items

  • Staff Report: Planning staff (Mr. Jones) provided details on the property's zoning (downtown commercial fringe), adjacent uses (tire shop, warehouses, hospital), and compliance with the future land use plan. The staff outlined the specific ordinance criteria for a major repair facility, including screening of vehicles, tire storage limits (max 300 tires, 10% of property area, 20-foot setbacks), and building requirements. Staff recommended approval subject to conditions.
  • Public Hearing Procedures: The attorney (Mr. Phillips) read the quasi-judicial hearing statement, explained standing law, and conducted standing determinations for each opposition representative.

Key Outcomes

  • Special Use Permit Granted: Motion by Mr. Worrell to approve the petition with recommended conditions (second by Mr. Pertle) passed unanimously (all ayes). The permit is for automotive major repair (body and tire shop) at 1721 W. 5th Street. Conditions include site plan submittal (potentially requiring stormwater management), screening of vehicles, and prohibition of junkyard uses.
  • Findings of Fact Approved: Motion by Mr. Pertle, second by Ms. Dixon, to approve the findings of fact as presented by city staff was approved unanimously.
  • Draft Decision: The board directed the attorney (Mr. Phillips) to draft a written decision incorporating contested facts and findings for final approval at the next meeting on August 22, 2024 (motion by Mr. Worrell, second by Mr. McNair).
  • Election of Officers: After the public hearing, the board held elections.
    • Chair: Mr. Pertle was nominated first but withdrew; Mr. Worrell was then elected chair by voice vote (all ayes).
    • Vice Chair: Mr. Pertle was nominated and elected vice president by voice vote.
  • Adjournment: Motion by Ms. Bass, seconded by Mr. White, to adjourn was passed.

This summary reflects the proceedings of the July 25, 2024, meeting of the Greenville Board of Adjustment. The special use permit decision is not final until the written decision is signed and recorded.

Meeting Transcript

The meeting will now come to order. Welcome to the July twenty-fifth, twenty twenty-four meeting of the City of Greenville Board of Adjustment. Mrs. Clerk, would you please call the roll? Chair Evans. Here. Brian Pertle. Here. Daniel World. Here. Jermaine McNeil. Here. Sterling Ruffin. Clayton Sell. Nola Dixon. Simon Swain. Nicholas White. Carabass. Here. We have four. Thank you. Mr. Phyllis, would you please let us know who the voting members are tonight? Yes, ma'am, Madam Chair. The voting members for the agenda items tonight are Ms. Evans, Mr. Purdle, Mr. Warrell, Miss Bass, Mr. McNair, Mr. Self, and Miss Dixon. Mr. Swain and Mr. White are not voting members but are allowed to participate in the discussions and are allowed to ask questions. And so Madam Chair may also address probably a little bit of an elephant in the room. Uh how is Madam Chair still uh present? Um and so um uh the Madam Chair's term did expire. However, she's a holdover because no one has yet been appointed to her seat. So under the City of Greenwall's uh Board and Commission policy, her uh term extends until such time as that person has taken over. So just want to let you know about that. Thank you. Okay, I think before you do your attorney statement, do you want us to do the election of officers? Also, are they voting members for the election of officers? I'm a voting member as you voting members. And for purposes of this vote, uh Madam Chair, all members are eligible to vote on this. Correct. Madam Chair, your rules of procedure, Section 3-1 states the chairman shall be elected by majority vote of the full membership of the board. The board member having seniority will be given first consideration for nomination. Should that person decline said nomination? The nominees will then be chosen from the remaining regular board members. The term of office shall be for one year and shall begin on June 1st or until a successor is elected, and he or she shall be eligible for re-election.

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