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Record of Proceedings

Greenville Board of Adjustment Meeting – October 24, 2024

Board of Adjustment — Thursday, October 24, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, October 24, 2024
StatusFILED
Video Record
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Transcript — Verbatim
1:02

This meeting will now come to order.

1:04

Welcome to the October 24th, 2024 meeting of the City of Greenville Board of Adjustment.

1:09

Miss Yates, if you could please call the roll.

1:11

Brian Furdle.

1:14

Daniel Worrell.

1:15

Present.

1:16

Carabass.

1:19

Jermaine McNair.

1:21

Here.

1:21

Sterling Ruffin.

1:23

Present.

1:23

Nola Dixon.

1:24

Present.

1:25

Clayton Sell.

1:27

Simon Swain.

1:29

Nicholas White.

1:30

Present.

1:31

McKenzie Burns.

1:32

Present.

1:33

We have quorum.

1:37

Mr.

1:37

Chair, uh, good evening.

1:39

Uh, and Mr.

1:40

Chair and members of the board.

1:41

The voting members for all agenda items except Section 5, item one are as follows.

1:48

Mr.

1:48

Worrell, Mr.

1:50

Ruffin, Ms.

1:51

Dixon, Mr.

1:52

Self, Mr.

1:53

McNair, Mr.

1:54

Swain, and Mr.

1:56

White.

1:56

Miss Burns is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions.

2:03

When we get to item uh section four item one, I will announce the voting members if I'm uh at that time, Mr.

2:11

Chair.

2:11

That's allowed.

2:13

Thank you.

2:13

Is there a motion to approve the agenda?

2:18

No motion.

2:19

Any second?

2:20

I second.

2:21

All those in favor.

2:22

There's been a motion to approve the agenda and a second.

2:25

Um all those in favor, please do so by saying aye.

2:30

All those opposed saying nay.

2:34

Uh Mr.

2:35

Phillips, do you please read your attorney statement?

2:38

Uh yes.

2:39

Again, good evening.

2:40

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

2:48

To the board and members of the public, please note that for any variance hearing, a fourth four-fifth vote of the board is required to grant a variance.

2:56

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

3:04

The hearings tonight are quasi-judicial evidentiary hearings.

3:08

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.

3:15

These rules are different from other types of land use decisions like rezoning cases.

3:20

The board's discretion is limited.

3:22

The board must base its decision upon competent material and substantial evidence in the record.

3:28

A quasi-judicial decision is not a popularity contest.

Discussion Breakdown — Share of Meeting
Procedural██████████████████████████████████████████42%
Zoning And Land Use████████████████████████████████████36%
Public Comment███████████11%
Pending Litigation█████5%
Legal Procedure████4%
Transportation Safety██2%
Summary of Proceedings

Greenville Board of Adjustment Meeting – October 24, 2024

The Greenville Board of Adjustment met on October 24, 2024 at 6:00 PM in City Hall Council Chambers. The board considered a proposed decision order for a previously approved special use permit, and held public hearings on three new special use permit applications: a tobacco shop, a convenience store with gasoline sales, and a home daycare. All three new applications were approved unanimously with conditions. A neighbor attempted to oppose the home daycare but was denied standing.

Old Business

  • RaceTrac, Inc. Special Use Permit (BOA File No. 24-17): The board considered and unanimously approved a proposed decision and order formalizing the grant of a special use permit for RaceTrac, Inc. No corrections or debate were offered.

Public Hearings

1. Raed Alnamer – Tobacco Shop Class 1 (2791 Dickinson Avenue, Suite D)

  • Staff Presentation: The property is zoned General Commercial (C-2) and is located in a strip development. The Future Land Use Plan was recently amended to recommend commercial use, now in compliance. Recommended conditions prohibit operation as a Class 2 tobacco shop (no smoking apparatus sales), limit window advertisements to 25%, and require compliance with all state codes.
  • Applicant: Raed Alnamer, owner, stated the use is “tobacco shop just.” No other speakers for or against.
  • Board Vote: Approved findings of fact and the petition with recommended conditions. All ayes (7 voting members).

2. BFP Limited Liability Company – Convenience Store with Gasoline Sales (2195 and 2101 Evans Street)

  • Staff Presentation: The existing gas station was built in 1989 and is a nonconforming legal use; expansion requires a special use permit. The site is General Commercial, surrounded by commercial uses. Recommended conditions include stormwater management, traffic impact analysis, and lighting restrictions.
  • Applicant’s Case: Attorney Patrick Biker (Morningstar Law Group) represented the applicant, part of the Family Fare chain. Three expert witnesses were qualified by the board:
    • Matt Jones (site engineer) – estimated construction time of one to two years from groundbreaking.
    • Caroline Cheeves (traffic engineer) – testified that the new site would generate 3,066 daily trips (an increase of ~946 trips over the existing site). The NCDOT threshold for a full Traffic Impact Analysis (TIA) is 3,000 new trips; since the increase is below that, no TIA is required.
    • Jarvis Martin (real estate appraiser) – no questions.
  • No public speakers for or against.
  • Board Vote: Approved findings of fact and the petition with recommended conditions. All ayes.

3. Amber Edwards-Spell – Home Occupation: Home Daycare (1541 Ashmoor Lane)

  • Staff Presentation: The property is a .225-acre lot in an R-9S (single-family residential) zone. Home daycare is limited to fewer than six clients (five or fewer). Conditions require outdoor play area fencing, no use of accessory buildings, and compliance with NC Health and Human Services licensing.
  • Applicant: Amber Edwards-Spell, owner, stated she has 17 years of childcare experience and plans to care for five children, hours 6:00 AM – 5:30 PM Monday-Friday. She will not install playground equipment, only a fenced area with toys.
  • Public Comment – Standing Challenge:
    • Robert Quinn (neighbor at 1217 Ashmoor Lane) attempted to speak in opposition. During standing determination, he stated he does not have an ownership interest, leasehold, or other statutory basis for standing, and does not claim special damages.
    • The board voted on standing: 3 in favor (aye), 4 opposed (nay). A roll call confirmed the denial (3-4). Mr. Quinn was not permitted to participate.
  • No other speakers.
  • Board Vote: Approved findings of fact and the petition with recommended conditions. All ayes.

Key Outcomes

  • RaceTrac, Inc. – Decision and order approved (unanimous).
  • Raed Alnamer (Tobacco Shop Class 1) – Special use permit granted with conditions (unanimous).
  • BFP Limited Liability Company (Convenience Store with Gas Sales) – Special use permit granted with conditions (unanimous).
  • Amber Edwards-Spell (Home Daycare) – Special use permit granted with conditions (unanimous).
  • Standing Denied – Robert Quinn was denied party status for the daycare hearing (vote 3-4).
  • All written decisions will be effective upon signature by the Chair and delivery as required by statute.

Note: The agenda for Item 4 listed two tax parcel numbers (48303 and 68817), but staff corrected that only parcel 68817 applies.

Meeting Transcript

This meeting will now come to order. Welcome to the October 24th, 2024 meeting of the City of Greenville Board of Adjustment. Miss Yates, if you could please call the roll. Brian Furdle. Daniel Worrell. Present. Carabass. Jermaine McNair. Here. Sterling Ruffin. Present. Nola Dixon. Present. Clayton Sell. Simon Swain. Nicholas White. Present. McKenzie Burns. Present. We have quorum. Mr. Chair, uh, good evening. Uh, and Mr. Chair and members of the board. The voting members for all agenda items except Section 5, item one are as follows. Mr. Worrell, Mr. Ruffin, Ms. Dixon, Mr. Self, Mr. McNair, Mr. Swain, and Mr. White. Miss Burns is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions. When we get to item uh section four item one, I will announce the voting members if I'm uh at that time, Mr. Chair. That's allowed. Thank you. Is there a motion to approve the agenda? No motion. Any second? I second. All those in favor. There's been a motion to approve the agenda and a second. Um all those in favor, please do so by saying aye. All those opposed saying nay. Uh Mr. Phillips, do you please read your attorney statement? Uh yes. Again, good evening.

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