Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on April 3, 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: Board Member Manchin President Wood Vice President McClung Board Member Friend Board Member Six City Staff Present: City Planner Kathy Wyrosdick Planning Assistant Mark Miller Recording Secretary Martha Richards APPROVAL OF MINUTES President Wood asked for a motion to approve the minutes from March 6, 2014. Board Member Six motioned to approve the minutes. Board Member Friend seconded the motion. Minutes are approved 4‐0. PUBLIC HEARINGS FOR APRIL 3, 2014 Wood: You all received copies of the minutes in your packet, if you need a second to review them, that’s fine, otherwise I will entertain a motion to approve the minutes. Six: Motion to approve minutes Friend: Seconds the motion Minutes are approved 4-0. Page 1 of 4 Wood: Public hearings for April 3, 2014, first one is Fairmont Community Development Partnership is requesting a side yard setback variance for their townhome at 836/838 Virginia Avenue, section 1317.05C4 of the Fairmont Zoning Code requires a minimum of 5’ side yard setbacks where the requested setback is approx. 2.5’. I will point out to the board members that we did receive comments from both the fire department and the building inspection that it would require a one hour firewalls and also appropriate fire protection windows, and I believe, in the staff report they had indicated that they were aware of that. We will start with Kathy to give the staff report. Wyrosdick: Thank you. These are similar requests that we have seen in the past few years from the Partnership as they continue their redevelopment efforts of the Virginia Avenue/8th Street area. What’s typically been happening is the Partnership will require a property that has a duplex that’s very similar in style to the one that they’re proposing. Most of the time that structure is so poorly or badly deteriorated that demolition is required and then the Partnership rebuilds the duplex in the exact same location as the duplex was before. Because the lots along Virginia are substandard smaller lots, it’s very challenging, if not impossible, to meet all the setback requirements that are now in place, so that is what brings them before the Board of Zoning appeals. As was noted in the introduction the 5’ minimum side yard setbacks is required, the Partnerships is proposing 2.46’ on one side, and 2.7’ on the other, with regard to all five findings of facts finds that all has been met, with the condition that the one hour fire rated wall be installed on both sides of the duplex, and with that staff recommends approval. Wood: Is there anyone present to speak for this? Norman: I am Norman ? with the Partnership, I just went to see the house being built and it is being occupied, and we are well aware of what are the code conditions and all those things that have to happen, and we just want to move forward with improving that block. Wood: Is that essentially the same style that will go on the new… Norman: Basically, it is the same style lined up with the existing houses; there are a couple of existing houses which we hope to acquire that have porches that stick out, so it going to be fairly uniform but those houses, at one time, were all uniform when they were built in the area back in the 1900s. So, consequently, we’re just trying to replace what was there with new and useable homes. A couple of those houses are ready to be torn down now; I don’t think anybody wants to even walk through them. I know the people who inspected it were not real happy going to do the inspection and going through the abatement process, because I know some of those people. So, all we want to do is replace what’s there with new. Thank you. Wood: Is there anyone else present to speak in favor of this? There is not. Wood: Is there anyone present to speak against this. There is not. Page 2 of 4 Wood: I will now entertain a motion to close the Public Hearing. McClung: Motion moved Friend: Seconds the motion The vote is 4-0 to close the public hearing. Wood: Pretty straight forward. Any questions from the board? I will entertain a motion. McClung: I move that based on the evidence presented that the requested variance meets all the five conditions and will not adversely affect the public’s health, safety, or welfare that arises from the special condition that pertains solely to that property. It will eliminate an unnecessary hardship and permit reasonable use of the land and it follows the intent of the zoning ordinance and is the minimum variance requested, and, therefore, we should approve the variance as requested, with the firewalls and safety glass as required by building code. Wood: Is there a second? Six: Seconds the motion. Motion approved 4-0. Wood: Next public hearing is virtually a repeat of this one. This one is for the Fairmont Community Development Partnership is requesting a side yard setback variance for their townhome at 844/846 Virginia Avenue. Same sections of the code, same 5’ down to 2.5’. Staff report I assume has the same recommendations? Comments are the same? Wyrosdick: Same recommendations. Wood: Are there any questions from the board? There is not. Wood: Anyone against this? There is not. Wood: Entertains a motion to close the public hearing. McClung: Makes the same motion, with a difference in addresses. No one seconds. Wood: Public hearing is closed and it passes. Any other business from this board? Page 3 of 4  DISPOSITION OF PAST CASES None OTHER BUSINESS Wyrosdick: We would like to welcome a new member of our staff, Martha Richards, who is here tonight. We are going from a staff of two to a staff of three, so we may actually be able to get some work done now. Martha will be taking Mark’s position as Department Secretary so you’ll be seeing her smiling face in the evenings, and, unfortunately, a little less of Mark. We would like to welcome Martha to the board; I think she will enjoy it, and we will say farewell, at least temporarily, to Mark. Wood: Is there any other business? There is not. Wood: Entertains a motion to adjourn. Six: Made a motion to adjourn. Friend: Seconds the motion. The vote is 4-0. Page 4 of 4