Board of Zoning Appeals

Regular Meeting

Charleston, WV · May 8, 2025

Minutes

Board of Zoning Appeals 8:30 a.m., Thursday, May 8, 2025 City Service Center Conference Room · 915 Quarrier Street Members Attending: Staff Attending: Mary Jo Neenan, Chair Chad Webb Mary Anne Crickard Jill Watkins Josh McGrath Public Attending: Roy L. Ferrell (VAR-25-3052) Martha A. Ferrell (VAR-25-3052) I. Items for Review VAR-25-3052 Application of Roy L. Ferrell requesting a variance of the residential side setback requirements in order to expand a bathroom on the property located at 4416 Noyes Avenue SE. Applicants, Roy L. Ferrell and his wife, Martha A. Ferrell, presented their request before the BZA. They have resided at 4416 Noyes Avenue, S.E. for 42 years. Mary Jo asked the applicants to explain to the board their plans for VAR-25-3052. The applicant stated that Chad Webb corrected him when he originally filed the variance. The expansion was originally 2 feet within the property line. The applicant’s contractor later informed the applicant that a 5-foot expansion was needed, changing the original request from 2 feet to 5 feet. Mary Jo said, based on the VA requirements and for the space, there was no way to stay out of the setback area. 1 Board of Zoning Appeals May 8, 2025 Mary Jo asked if anyone had any questions from the board. There was no one present in the audience. Mary Jo stated that the neighbors to the side of the house being expanded had no objection or, obviously, they would have attended the meeting. Chad presented the staff’s notes. Chad stated that no objections were received to this application from all the people notified. Chad noted there was a scheduling conflict on his part and he apologized to Mr. Ferrell for having to move his application to this meeting instead of the one on the 22nd. The staff recommends approval because it is a minimal intrusion and there are significant factors to grant a variance in this matter because of the VA requirements Mr. Ferrell shared with the Board and general principles of ADA compliance in accessibility and having autonomy to move about your own house and take care of yourself. MOTION AND VOTE: Josh McGrath made a motion to approve VAR-25-3052. Mary Anne Crickard seconded the motion. The motion passed by a unanimous vote. CUP-25-0255 Application of AT&T Mobility requesting a conditional use permit in order to locate a temporary antenna for cell phone service on the property located at 330 MacCorkle Avenue, SE. The applicant requested to appear by phone. Chad emailed him and has yet to receive a response. Chad tried to call the applicant again from the board meeting. The applicant joined the Board of Zoning Appeals meeting by phone. Mary Jo introduced herself to the applicant and asked the applicant to state his name for the record. The applicant’s name is John _____________. Mary Jo asked the applicant why he needed the conditional use permit. The applicant stated that the purpose of the permit is to build into an infield the 2 Board of Zoning Appeals May 8, 2025 wireless service needed, especially during the summer months with all the activities at the river. There is a shortage of capacity and this will fulfill that need. Mary Jo said that the proposal meets all the requirements for a conditional use permit. The applicant stated that, as in the previous two years, this proposal meets all the requirements for a conditional use permit. Mary Anne asked if this proposal was similar to what the BZA has approved in the last couple of years for temporary service. The applicant said it will be substantially identical to the proposal in the years past. Mary Jo asked if the temporary service would be there all summer long or just during the months of the Regatta. The applicant said he anticipates the temporary service will be there through the summer months. This is not a request for a permanent tower. From a size perspective, the temporary tower is short and mobile and will be jacked up approximately 25-30 feet. The inclusion of a month was based on the fact that the application was identical to previous years, so Chad assumed the period would also include the Regatta. Mary Jo asked the applicant if he had a timeline for the temporary tower. The applicant stated that there was no specific timeline. Typically, the approval is good for a year. Keep in mind this is for the benefit for the City of Charleston. The applicant said their preference would be the later application. Chad stated that the staff recommends approval, given that similar applications in the previous two years. The temporary insulation has been deployed in the community with no objections, and it substantially benefits the city during several activities during the summer. Mary Jo noted that there was no one present in the audience for public comment. MOTION AND VOTE: Mary Anne Crickard made a motion to approve CUP-25- 0255. Josh McGrath seconded the motion. The motion passed by a unanimous vote. 3 Board of Zoning Appeals May 8, 2025 II. Approval of minutes for the April 10, 2025 hearing. Mary Jo needs to be removed from the members attending the April 10, 2025 hearing. Mary Anne acted as the chair. Page two “Mary Anne” asked and not “Mary Jo”. MOTION AND VOTE: Josh McGrath made a motion to approve the April 10 minutes with the above corrections. Jill Watkins seconded the motion. The motion passed by a unanimous vote. 4 Board of Zoning Appeals May 8, 2025

Agenda

Packet

Charleston Board of Zoning Appeals AGENDA 8:30 a.m., Thursday, May 8, 2025 City Service Center Conference Room · 915 Quarrier Street I. Items for Review VAR-25-3052 Application of Roy L. Ferrell requesting a variance of the residential side setback requirements in order to expand a bathroom on the property located at 4416 Noyes Ave SE. CUP-25-0255 Application of AT&T Mobility requesting a conditional use permit in order to locate a temporary antenna for cell phone service on the property located at 330 MacCorkle Avenue, SE. II. Approval of minutes for the April 10, 2025 hearing. Board of Zoning Appeals Application for Conditional Use Permit CU # Hearing Date: Applicant Information Property Information Name: AT&T Address: 330 MacCorkle Avenue SE, Charleston WV 25314 Address: Tax Map and Parcel: P.O. Box 770065, Memphis TN 38177 14-1-61 Phone: Zoning District: 901-494-1559 C-10 General Commercial Agent Name, Address and Phone Number: Property Owner and Mailing Address: (if other than applicant) (if other than applicant) John Behnke, P.O. Box 770065, Memphis TN 38177 Astorg & Spears Properties LLC 5 Dudley Farms Lane, Charleston WV 25309 901-494-1559 mob. IMPORTANT: This application must be typed or legibly printed and filed with the Planning Department in person or by mail to 915 Quarrier Street, Suite 1 Charleston, WV 25301. The following items must accompany this application: 1) a site plan drawn to scale; 2) a list of the owners, with their mailing addresses, of the properties within a 250 foot radius of the property for which the variance is being sought; 3) $125.00 filing fee in the form of a check or money order made payable to the City of Charleston. You are also encouraged to submit any additional information, including photographs, elevations, testimonials or other documentation, which may support your application. You or your representative must be present at the scheduled public hearing in order to present your request and answer questions. THE PLANNING DEPARTMENT WILL NOT ACCEPT ANY INCOMPLETE APPLICATIONS. Please describe the proposed use. Include information such as the activities to be conducted on the site, hours these activities will be conducted, and any other data pertinent to the proposed use. If the proposed use is a business, please attach a list of the officers and their contact information. The proposed use is a mobile wireless cellular unit - aka as a COW (cell tower on wheels). This is a temporary antenna approximately 25' in height. Applicable Section(s) of the Zoning Ordinance Sec. 3-060, Supplemental Reg. 17 Does the proposed use comply with the conditions set forth in the Zoning Ordinance? Yes, the proposed use is in compliance with Sec. 3-060, Supplemental Reg. 17 of the Zoning Ordinance. Please describe any proposed work to be done on the property. There is no construction involved. The COW is self-contained on a trailer. Power is already available from previous use and permitting. If your request for a conditional use permit is granted, how will others in the area be affected? If a CUP is granted, the temporary antenna will have a positive impact on increased wireless capacity. This device communicates with other nearby towers and infills the RF capacity shortfall. There are no known negative impacts. Will your request devalue the property of others in the vicinity by altering land use characteristics or diminishing the marketable value of adjacent land and structures or increasing congestion on public streets? The COW unit use is temporary and will have no affect on property value. The device is unmanned and will not contribute to traffic congestion. Is your request consistent with the purposes and intent of the Zoning Ordinance of the City of Charleston? The request either meets or exceeds the purposes and intent of the Ordinance. I hereby affirm that all of the statements and information contained in or filed with this application are true and correct to the best of my knowledge. Signature Date Planning Department Use Only The following is a list of related cases: The following is a list of zoning ordinance violations, building code violations and enforcement actions relating to the subject property: Application reviewed by: Action: Approved Rejected If approved, were there any specific conditions or limitations imposed by the BZA? Planning Official Signature and Title Date