February 9, 2026

Minutes Town of Mooresville Board of Adjustment February 9, 2026 4:00 PM - Mooresville Town Hall Present: Andrew Wingo, Matthew Harrow, Mike Jones, Jason Overturf, Jason Fobbs, Matthew Frederico Also present: Planning & Community Development Director James Coley, Planner III Ashley Lattin, Planner I Patrick Werner, Administrative Assistant Lisa Smith, Town Attorney Sharon Crawford, Assistant Town Attorney Carey Austin 1. Call to Order Chair Wingo called the meeting to order at 4:02 p.m. 2. Chairperson's Welcome and Opening Chair Wingo welcomed the Board members and Guests. 3. Pledge of Allegiance 4. Adjustments to the Agenda There were no adjustments to the agenda. 5. Postponement or Withdrawal Requests There were no postponement or withdrawal requests. 6. Consideration of Approval of Minutes 6.a Consider approval of January 12, 2026, Minutes ACTION: A motion was made by Matthew Harrow, seconded by Mike Jones, to approve the January minutes as presented. Motion Carried: Unanimously. 7. Old Business There was no old business. 8. Swearing in None 9. New Business 9.a Consider a Special use Permit, SUP-2026-01, The Hemp Dr Upfit, to allow relocation and upfit expansion. Robert Shade has submitted an application for 510 River Highway (PIN 4647565960) to allow for operations, relocation, expansion and upfit. Chair Wingo asked to be recused from the case. ACTION: A motion was made by Andrew Wingo, seconded by Matthew Frederico, to recuse Mr. Wingo from hearing SUP-2026-01. Motion Carried: Unanimously. Chair Wingo turned the meeting over to Vice Chair Overturf. Vice Chair Overturf asked the applicant if he would like to proceed with the case without a full board present and only a simple majority of four members present. Robert Shade agreed to proceed with no objections. Vice Chair Overturf asked if anyone in attendance had Standing and planned on participating in the proceedings. Robert Shade called Hunter Norman to be sworn in. Mr. Norman was sworn in. It was determined by Vice Chair Overturf that Mr. Norman did not have standing. Board of Adjustment ETJ member Mr. Jason Fobbs arrived, creating a complete board presence. There were no pre-hearing motions. Sworn in for SUP-2026-01: Ashley Lattin (Planner III) Robert Shade (Applicant) 118 Ewart Place Mooresville, NC 28117 James Coley (Director of Planning & Community Development) Staff report presented by Ashley Lattin. Attorney Rod Kight presented opening statements via Zoom call on behalf of the applicant Robert Shade. Town Attorney Sharon Crawford presented opening statements on behalf of the Town of Mooresville. Attorney Rod Kight called Robert Shade as witness. Town Attorney Sharon Crawford cross-examined Robert Shade. Town Attorney Sharon Crawford called Ashley Lattin as witness. Attorney Rod Kight cross-examined Ashley Lattin. Town Attorney Sharon Crawford called Planning Director James Coley as witness. Attorney Rod Kight cross-examined James Coley. Attorney Rod Kight made closing statements. Town Attorney Sharon Crawford made closing statements. The Board called Planning Director Mr. James Coley to interpret the UDO. Vote on Finding of Facts: 1. Motion Carried: By a vote of 4 in favor and 1 against (Mike Jones), the Applicant produced competent, material and substantial evidence that the development proposed in the application does not materially endanger the public health or safety. In support of this decision the Board determined that the requested amendment to the existing SUP would continue the status quo of the area, which has not presented any known dangers to the public's safety or well-being. 2. Motion Carried: By a vote of O in favor and 5 against, the Applicant failed to produce competent, material, and substantial evidence that the development proposed in the application complies with all relevant Town laws and ordinances, state and federal laws, and regulations, and any regulations imposed by the Town Board and agreed to by the applicant. The Board  determined the calculation of the distance presented by the Town to be more reputable and accurate in that it was from an official GIS and planning source used for all of the Town's compliance purposes. 3. Motion Carried: By a vote of 5 in favor and O against, the Applicant produced competent, material, and substantial evidence that the development proposed in the application would not substantially injure the value of adjoining property or is a public necessity. No expert testimony showing any diminution in value was presented and because similar businesses surround this one, devaluation is unlikely. 4. Motion Carried: By a vote of 5 in favor and O against, the Applicant produced competent, material, and substantial evidence that the development proposed in the application will be in harmony with the area in which is it located and will be in general conformity with the comprehensive land use plan based on the testimony of the Town and the Applicant. ACTION: A motion was made by Mike Jones seconded by Matthew Harrow to Deny SUP- 2026-01. Motion Carried: Unanimously. Chair Wingo welcomed back to Chair the meeting. RECESS: 5:33 p.m. RESUMED: 5:58 p.m. Assistant Town Attorney Carey Austin presented the Finding of Facts for review. Attached as Exhibit A. 10. Administrative Items No meeting March 9 due to no quorum. There will be cases in April. 11. Adjournment ACTION: A motion was made by Jason Overturf, seconded by Jason Fobbs, to adjourn the meeting at 6:06 p.m. Motion carried: Unanimously. Americans with Disabilities Act (ADA) Statement It is the policy of the Town of Mooresville that all Town public meetings and Town-sponsored public meetings and events are accessible to people with disabilities and to those with difficulties understanding the English language. If you need assistance in participating in this public meeting due to a disability as defined under the Americans with Disabilities Act (ADA), or need other translative services, please call the Town Clerk’s Office at 704-662-3131 or jcrosby@mooresvillenc.gov, or the Town ADA Coordinator at 704-799-4074 or cmckenzie@mooresvillenc.gov, at least three (3) business days prior to the scheduled meeting or event to request an accommodation. [Exhibit A] [Exhibit A] [Exhibit A]