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Record of Proceedings

Greenville Board of Adjustment Meeting – December 19, 2024

Board of Adjustment — Thursday, December 19, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, December 19, 2024
StatusFILED
Video Record
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Transcript — Verbatim
1:13

Good evening.

1:14

Welcome to the December 19th, 2024 Greenville Board of Adjustment Meeting.

1:18

At this time, I'll call the meeting to order.

1:21

Ms.

1:21

Secretary, I'll ask you to give us a roll call.

1:24

Brian Hurdle.

1:25

Here.

1:26

Carol Bass.

1:28

Here.

1:28

Jermaine McNair.

1:30

Sterling Sterling.

1:32

Ruffin, sorry.

1:34

Here.

1:35

Nola Dixon.

1:38

Clayton Sill?

1:39

Here.

1:40

Simon Swain.

1:41

Here.

1:41

Nicholas Wayne.

1:42

Here.

1:42

McKenzie Burns.

1:44

Here.

1:44

We have forum.

1:46

Mr.

1:47

Mr.

1:47

Chair.

1:48

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

1:52

Thank you.

1:55

At this time, we'll move on to item number four, approval of the minutes for expediency.

1:59

Do I have a motion to approve both the September 26th, 2024 and October 24th, 2024?

2:05

Minutes?

2:06

I'll motion.

2:07

I'll second.

2:08

All in favor?

2:11

All opposed.

2:13

All right.

2:13

Approved.

2:16

We will move on to new business.

2:19

Oh, sorry.

2:20

Excuse me.

2:20

Uh please forgive us.

2:21

We're working through some changes.

2:23

Uh so uh please bear with us.

2:25

But at this time, I'll turn it over to Attorney Phillips who will give us a reading on general procedure and voting requirements.

2:31

Thank you, Mr.

2:32

Chair.

2:33

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

2:42

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

2:50

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

2:55

The hearings tonight are quasi-judicial evidentiary hearings.

2:59

That means they are like a court hearing.

3:01

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

3:07

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

3:58

Ultimately, the board will determine what evidence to consider and how much weight to assign to the evidence presented.

4:05

Participation is limited.

4:11

Parties withstanding have rights to participate fully.

4:14

Parties withstanding may present evidence, call witnesses, object to testimony, cross-examine witnesses, and make legal arguments.

4:33

For certain topics, this board needs to hear opinion testimony from expert witnesses.

4:46

Individuals providing expert opinion must be qualified as experts and provide the factual evidence upon which they base their expert opinion.

5:03

If you are not the applicant or the city of Greenville, you will be asked a series of questions for the board to determine if you are allowed to participate in the hearing as a party with standing.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████55%
Procedural█████████████████████████30%
Cannabis Regulation████5%
Alcohol Regulation███4%
Public Safety██3%
Public Health██3%
Summary of Proceedings

Greenville Board of Adjustment Meeting – December 19, 2024

The Greenville Board of Adjustment held a meeting on December 19, 2024, at 6:00 PM in City Hall Council Chambers. The board considered four special use permit applications, approved all four, and elected new officers. All members were present and voting.

Consent Calendar

  • Approval of the September 26, 2024 and October 24, 2024 minutes (motion by Carol Bass, seconded, approved unanimously).

Public Hearings

1. Tarheel Holdings LLC – Special Use Permit for Bar (816 Dickinson Ave)

  • Applicant: Tarheel Holdings LLC, represented by a property manager, sought a permit to operate a bar. They noted that a previous bar permit for a nearby property had become null and void, and the space was vacant after Stumpy's Hatchet House left.
  • Staff Report: The property is zoned Downtown Commercial. The 500-foot buffer rule from existing bars was not triggered because the prior permit was void. Staff found the request could meet all standards.
  • Public Testimony: Stacy Gerald, member manager of Molly LLC (owner of 815-817 Dickinson Ave), expressed concerns about potential noise, citing past issues with the previous tenant. She requested conditions to address noise. The board found she had standing as a party.
  • Applicant Rebuttal: The applicant argued that a bar (barcade) would not generate the same noise level as hatchet throwing, and the building is up to code.
  • Board Action: The board voted to approve the special use permit with no additional conditions. Because contested facts were presented, the board tasked the attorney with drafting a written decision for the next meeting on January 23, 2025.

2. Sure Foundations BHS LLC – Special Use Permit for Mental Health Day Program (72 Howell St)

  • Applicant: Gail Schiver, owner and clinical director, described a substance abuse treatment day program that has operated in Greenville since 2011. The new location would accommodate more clients.
  • Staff Report: Property zoned Office Institutional, in compliance with the future land use plan. Staff recommended conditions including compliance with state licensing and no unsupervised client outdoor waiting.
  • No public testimony.
  • Board Action: Approved with staff conditions (motion by Simon Swain, seconded by McKenzie Burns, unanimous).

3. Moshé Hendricks – Special Use Permit for Hookah Café (2400 S Memorial Dr, Unit 3B)

  • Applicant: Moshé Hendricks, owner, described an upscale hookah lounge with no bar, dancing, or live entertainment. Hours would be typically 9 PM to 2 AM.
  • Staff Report: Property located in the Buyer's Market shopping center, zoned for commercial use. Staff recommended conditions including fire code compliance, no amplified entertainment, and no loitering.
  • No public testimony.
  • Board Action: Approved with staff conditions (motion by McKenzie Burns, seconded by Nicholas Wayne, unanimous).

4. William Adams – Special Use Permit for Mental Health Day Program (888 West Star Rd)

  • Applicant: William Adams, owner of A Better You of NC, described a day support program for adults with mental illness. The program has served over 50 members and is at capacity, seeking to expand to the new location.
  • Staff Report: Property zoned Heavy Commercial, in compliance with the future land use plan. Staff recommended conditions identical to those for the previous mental health facility.
  • No public testimony.
  • Board Action: Approved with staff conditions (motion by Carol Bass, seconded by Simon Swain, unanimous).

Election of Officers

  • The board elected a new chair and vice chair following the resignation of the previous chair, Daniel World.
  • Chair: Brian Hurdle resigned as vice chair, was nominated and elected as chair unanimously.
  • Vice Chair: Carol Ann Bass was nominated and elected as vice chair unanimously.

Key Outcomes

  • All four special use permits were approved with staff-recommended conditions.
  • Brian Hurdle was elected Chair, and Carol Ann Bass was elected Vice Chair of the Board of Adjustment.
  • The meeting adjourned.

Meeting Transcript

Good evening. Welcome to the December 19th, 2024 Greenville Board of Adjustment Meeting. At this time, I'll call the meeting to order. Ms. Secretary, I'll ask you to give us a roll call. Brian Hurdle. Here. Carol Bass. Here. Jermaine McNair. Sterling Sterling. Ruffin, sorry. Here. Nola Dixon. Clayton Sill? Here. Simon Swain. Here. Nicholas Wayne. Here. McKenzie Burns. Here. We have forum. Mr. Mr. Chair. All members present tonight are voting members for tonight's meeting. Thank you. At this time, we'll move on to item number four, approval of the minutes for expediency. Do I have a motion to approve both the September 26th, 2024 and October 24th, 2024? Minutes? I'll motion. I'll second. All in favor? All opposed. All right. Approved. We will move on to new business. Oh, sorry. Excuse me. Uh please forgive us. We're working through some changes. Uh so uh please bear with us. But at this time, I'll turn it over to Attorney Phillips who will give us a reading on general procedure and voting requirements. Thank you, Mr. Chair. The following general introduction to quasi judicial hearings and disclosure statement applies to all evidentiary matters for consideration by the board tonight. To the board and to members of the public, please note that for any variance hearing, a four-fifths vote of the board is required to grant a variance. For all other evidentiary hearings, the decision will be made by a simple majority vote of the board. The hearings tonight are quasi-judicial evidentiary hearings.

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