OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Greenville Board of Adjustment Meeting – February 27, 2025

Board of Adjustment — Thursday, February 27, 2025
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, February 27, 2025
StatusFILED
Video Record
Meeting Thumbnail
⇩ GET FROM SOURCE

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:09

This meeting will now come to order.

1:11

Welcome to the February 27th, 2025 meeting of the City of Greenville Board of Adjustment.

1:16

Madam Clerk, please give us a roll call.

1:20

Here.

1:21

Carabass.

1:22

Here.

1:22

Jermaine McNair.

1:24

Sterling Ruffin.

1:26

Nola Dixon.

1:28

Simon Swain.

1:29

Here.

1:30

Clayton Sell.

1:31

Here.

1:32

Nicholas White.

1:33

Here.

1:34

McKenzie Burns.

1:35

Present.

1:36

William O'Curry.

1:37

Here.

1:38

We have corn.

1:40

Good evening, Mr.

1:41

Chair.

1:42

The uh members present tonight, all members, all seven members present tonight are voting members for tonight's meeting except for pardon me.

1:52

Uh item number five, old business, the uh number two, with regard to that, the voting members will be Mr.

2:00

Purdle, Miss Bass, Mr.

2:02

Self, Mr.

2:03

Swain, Mr.

2:04

White, and Miss Burns.

2:06

Thank you, Mr.

2:07

Attorney.

2:08

Do you want to give us your statement now?

2:09

Yes, if that's okay.

2:11

Thank you, Mr.

2:12

Chair and members of the board.

2:14

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

2:22

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.

2:31

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

2:36

The hearings tonight are quasi-judicial evidentiary hearings.

2:40

That means that they are like a court hearing.

2:42

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

2:48

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

3:06

It is a decision constrained by the standards in the ordinance and based on the facts presented to the board.

3:25

Witnesses should provide factual testimony as to how the project does or does not meet the standards.

3:31

As a witness, all other parties have the right to object to your testimony and cross-examine you.

3:36

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

3:43

Participation is limited.

3:48

Parties with standing have rights to participate fully.

3:52

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

3:59

Witnesses for a party may present competent material and substantial evidence that is not repetitive as allowed by the board.

5:04

The following persons have standing to participate as a party in the evidentiary hearing.

5:09

Number one, the city of Greenville.

5:11

Number two, the applicant.

5:12

Number three, a person who has a an ownership ownership interest in the property that is the subject of the application.

5:20

B, a leasehold interest in the property.

5:23

C, an interest created by easement restriction or covenant in the property.

5:27

D, an option or contract to purchase the property.

5:31

Number four, an incorporated or unincorporated association to which the owners or lessees of property in a designated area belong by virtue of their owning or lease of property in that area or an association otherwise organized to protect and foster the interests of a particular neighborhood or local area, so long as that at least one of the members of the association would have standing as an individual to challenge the board's decision, and the association was not created in response to the particular development or issue that is the subject of the appeal.

6:06

A person who will suffer special damages as a result of the board's decision.

6:11

Evidence of standing for a person who will suffer special damages may include proximity to the subject property, damage to property values, and secondary impacts upon the requested development.

6:22

Pursuant to North Carolina General Statute 160 D 109, 160 D 406, Section 4, the Board of Adjustments Rules of Procedure and the Meeting Handout available to the public.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████41%
Zoning And Land Use█████████████████████████████████33%
Alcohol Regulation██████████10%
Cannabis Regulation█████████9%
Public Safety███████7%
Summary of Proceedings

Greenville Board of Adjustment Meeting – February 27, 2025

The Greenville Board of Adjustment met on February 27, 2025, at 6:00 PM in City Hall Council Chambers. The board handled a consent calendar, an old business item approving a special use permit for Tarheel Holdings, LLC, a new business public hearing for a tobacco shop special use permit, and the annual review of alcohol-related establishments with special use permits. All seven members were present, with recusals noted for the Tarheel Holdings vote. The meeting lasted approximately one hour.

Consent Calendar

  • Approval of Agenda: Approved unanimously.
  • Approval of Minutes: Minutes from December 19, 2024, approved unanimously.
  • Old Business – Proposed BOA Decision and Order Granting Special Use Permit – Tarheel Holdings, LLC: The board approved the decision with two amendments: adding a note that the January 23, 2025 meeting was canceled, and updating the date to February 27, 2025. Voting members were Mr. Purdle, Ms. Bass, Mr. Self, Mr. Swain, Mr. White, and Ms. Burns. Motion carried.

Public Hearing – Special Use Permit for Tobacco Shop (Alhumzah Alashwal)

  • Staff Report: Planning staff presented the request for a Class 1 Tobacco Shop at 300 SW Greenville Blvd, Unit E (tax parcel 15509). The property is zoned Heavy Commercial and is consistent with the Future Land Use Plan. Staff recommended conditions, including no sales of smoking apparatuses, no LED signage, and compliance with all codes.
  • Applicant Testimony: Alhumzah Alashwal, owner, stated the shop would be a regular tobacco shop, no pipes, no CBD, and no illegal items. He emphasized compliance with law.
  • Board Discussion: No questions from the board. The public hearing was closed.
  • Vote: The board found the request met all development standards and approved the special use permit with staff's recommended conditions. Motion carried.

Annual Review of Bars, Microbreweries, and Wine/Beer Stores

  • Staff Report: Staff reviewed reports from police, fire, ABC, ALE, and code enforcement. Some instances were noted but all were resolved or in process. Staff recommended no rehearing for any establishment.
  • Board Action: The board voted that a hearing for modification or revocation of a special use permit is not required for any of the establishments presented. Motion carried.

Announcements

  • Training opportunities for board members: in-person on May 5 or 7 (van transportation available) and virtual around the same time. Details to be emailed.

Key Outcomes

  • Approved: Agenda, December 19, 2024 minutes, Tarheel Holdings special use permit (with amendments), Alhumzah Alashwal tobacco shop special use permit (with staff conditions), and annual review no hearing required.
  • Next Steps: Training in May; next regular meeting TBD.

Meeting Transcript

This meeting will now come to order. Welcome to the February 27th, 2025 meeting of the City of Greenville Board of Adjustment. Madam Clerk, please give us a roll call. Here. Carabass. Here. Jermaine McNair. Sterling Ruffin. Nola Dixon. Simon Swain. Here. Clayton Sell. Here. Nicholas White. Here. McKenzie Burns. Present. William O'Curry. Here. We have corn. Good evening, Mr. Chair. The uh members present tonight, all members, all seven members present tonight are voting members for tonight's meeting except for pardon me. Uh item number five, old business, the uh number two, with regard to that, the voting members will be Mr. Purdle, Miss Bass, Mr. Self, Mr. Swain, Mr. White, and Miss Burns. Thank you, Mr. Attorney. Do you want to give us your statement now? Yes, if that's okay. Thank you, Mr. Chair and members of the board. 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. That means that they are like a court hearing. State law sets specific procedures and rules concerning how this board must make its decision. These rules are different from other types of land use decisions like rezoning cases. It is a decision constrained by the standards in the ordinance and based on the facts presented to the board. Witnesses should provide factual testimony as to how the project does or does not meet the standards. As a witness, all other parties have the right to object to your testimony and cross-examine you. Ultimately, the board will determine what evidence to consider and how much weight to assign to the evidence presented. Participation is limited. Parties with standing have rights to participate fully. Parties withstanding may present evidence, call witnesses, object to testimony, cross-examine witnesses, and make legal arguments. Witnesses for a party may present competent material and substantial evidence that is not repetitive as allowed by the board. The following persons have standing to participate as a party in the evidentiary hearing.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com