Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on January 2, 2014 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Wood called the meeting to order at 7:00 p.m. and asked for a roll call. ROLL CALL OF MEMBERS Present: Absent: President Wood Vice President McClung Board Member Friend Board Member Six Board Member Manchin City Staff Present: City Planner Kathy Wyrosdick Recording Secretary Mark Miller APPROVAL OF MINUTES President Wood asks for a motion to table the minutes from the December 5, 2013 for corrections. Board Member Manchin motions to table the minutes. Board Member Friend seconds the motion. Minutes are approved 4‐0. PUBLIC HEARINGS FOR January 2, 2014 1. J & K Enterprises, LLC is requesting to expand a non‐conforming use within an existing building located at 200 Bellview Avenue. Applicant wishes to renovate and occupy 3 apartments within the existing structure where only 1 is permitted. Ordinance 1349.02(d) (Tax Map 01‐40, parcel 222). President Wood asks for staff comments on the request. City Planner Katherine Wyrosdick comments that the existing structure is a three unit structure located within the General Residential zoning district. She explains that because the units were never registered with the Rental Registration Program the City is unable to determine when of if they became a nonconforming use. Kathy points out that the General Residential zoning district only permits single family homes, but recent cases such as the Libby Apartments has allowed the BZA to look at the expansion of nonconforming units within an existing structure. The lot is a 4000 square foot corner lot. She discusses the regulations as they pertain to nonconforming uses. The BZA must make a Page 1 of 4 determination that the interior expansion will not have a negative impact on surrounding conforming uses. She comments that there are currently three 2 bedroom apartments within the structure and notes that the only exterior issue from the request would be adequate parking for the apartments. The code requires 1 space per bedroom. The site has a detached 1 car garage and driveway accounting for 2 off‐street spaces. On street parking, due to the corner lot, is permitted but limited to one space along Bellview Avenue and two spaces along the side street. The site currently has 5 parking spaces where six is required. The applicant must provide all six spaces and should utilize the garage for parking and not storage. The Fire Department also pointed out the parking issues in their staff report. President Wood asks if there is anyone present to speak in favor of the request. Drew Hale is present to speak on behalf of the request. He discusses the current parking situation at the site with the BZA. Board Member Six asks about the lot dimensions. President Wood asks the applicant about the current on‐street parking situation in the area. Mr. Hale comments that he has not noticed any issues. City Planner Kathy Wyrosdick reminds the Board that there has only been one individual in the structure until this point. She comments that this situation explains why rental certificates were not obtained for the home. President Wood asks if there is anyone else present to speak for the request. There is not. President Wood asks if there is anyone present to speak against the request. There is not. President Wood asks for a motion to close the Public Hearing. Board Member Manchin motions to close the public hearing. Board Member Six seconds the motion. The vote is 4‐0 to close the public hearing. President Wood states that parking seems to be the critical issue with this request and asks for a motion. Page 2 of 4 City Planner Kathy Wyrosdick comments a private discussion between herself and Board Members regarding the garage. She states that should the Board feel as though the garage should be removed it should be reflected in their motion. President Wood comments that additional parking would be available should the garage be removed. Board Member Manchin makes a motion to approve the expansion of the nonconforming use with the contingency that the garage be removed based on the fact that the property was more than likely purchased as a 3 unit apartment, that he will be registering the units to be in compliance with the City and that no one came to the meeting to oppose the request.. Board Member Friend seconds the motion. The vote is 4‐0 DISPOSITION OF PAST CASES None OTHER BUSINESS 1. Election of Officers City Planner Kathy Wyrosdick explains the procedure for the election of officers. President Wood asks for a motion to open the nominations for President. Board Member Joe Manchin motions to open the nominations and nominates Rich Wood for President. The motion is seconded. Board Member Manchin makes a motion to close the nominations. The vote is 4‐0 for Rich Wood to be President of the BZA. Board Member Manchin motions to open the nominations for Vice President. Board Member Friend seconds the motion. Board Member Manchin nominates Kevin McClung for Vice President. Board Member Manchin motions to close the nominations. Board Member Six seconds the motion. The vote is 4‐0 for Kevin McClung to be Vice President of the BZA. Page 3 of 4 President Wood asks for a motion to adjourn. Board Member Six made a motion to adjourn. Board Member Manchin seconds the motion. The vote is 4‐0 Page 4 of 4