February 9, 2026 — Mooresville, NC
Date: 2026-02-13

Agenda
 Town of Mooresville
 Board of Adjustment
 February 9, 2026
 4:00 PM - Mooresville Town Hall

1. Call to Order

2. Chairperson's Welcome and Opening

3. Pledge of Allegiance

4. Postponement or Withdrawal Requests

5. Consideration of Approval of Minutes

 5.a Consider approval of January 12, 2026, Minutes
 BOA Draft Minutes 01-12-2026.docx

6. Old Business

7. Swearing In

8. New Business

 8.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.
 00a.REDACTED Packet SUP 2026-01 The Hemp Doctor Tennant Upfit.pdf

9. Administrative Items

10. Adjournment


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.

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]