Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on October 2, 2014 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. Vice President Kevin McClung called the meeting to order at 7:00 p.m. and asked for a roll call. ROLL CALL OF MEMBERS Present: Absent: President Richard Wood Vice President Kevin McClung Board Member Raymond Friend Board Member John Six Board Member Joe Manchin City Staff Present: City Planner Katherine Wyrosdick Recording Secretary Martha Richards APPROVAL OF MINUTES Vice President Kevin McClung asked for a motion to approve the minutes from July 3, 2014. Board Member Joe Manchin motioned to approve the minutes. Board Member John Six seconded the motion. Minutes were approved 4-0. PUBLIC HEARINGS FOR OCTOBER 2, 2014 Vice President Kevin McClung: Public Hearing #1 - Allen and Georgia Burnsworth are requesting a variance to build an accessory building (carport) within the front yard of their home at 110 Golf Drive. Section 1317.01(d) (4) requires all accessory buildings be located within the rear yard. (Tax Map 02-5A, parcel 116). City Planner Katherine Wyrosdick: Mr. Burnsworth is requesting to add a carport within the front yard of his home at 110 Golf Drive. He would like to place it over an existing driveway that leads into a garage. According to the zoning code, this is an accessory structure that could only be built in the rear yard, if not within the rear yard, it may be built in the side yard area. Mr. Burnsworth wants to put it in his front yard. Once constructed, as proposed, it would stick out beyond the front wall of the home, approximately 6’ to 8’, and be set back from the paved road right-of-way by 16’. During the Board’s consideration of this requested variance from the zoning code, there are five findings of fact that must be found all affirmative in order to approve the request. Staff’s analysis of the five findings of fact are positive on all five counts. Vice President Kevin McClung: Does anyone wish to speak in favor of this request? Mrs. Georgia Burnsworth: The carport would help us with parking so his car would not be in the snow in the winter. He has a heart condition, he’s had surgery recently, and this would help him keep from shoveling snow to get to his car. It is being built by All Pro – it is a good-looking carport. Mrs. Page 1 of 4 Burnsworth passes around pictures and a drawing. There is another one similar on Fairway Lane; the neighbors are familiar with this carport. It is very attractive. Vice President Kevin McClung: Is there anyone else who wants to speak in favor of this? None. Vice President Kevin McClung: Is there anyone present to speak in opposition to this? Mrs. Suzan Blocker: I live next door to Georgie. We didn’t know what type of carport it was going to be, and what it’s going to do to the looks. We’re concerned about the property value of our homes, and the way her yard and my yard is, it’s slanted and we’re worried about water drainage coming into another neighbor’s back yard. They also might have problems seeing when they back out of the driveway. Vice President Kevin McClung: Is there anyone else to speak in opposition? None. Vice President Kevin McClung: Asked for a motion to close the public hearing. Board Member John Six: Motioned to close. Board Member Ray Friend: Seconded. Motion to close 4-0. City Planner Wyrosdick added there was a letter received on September 26th, 2014. That letter was signed by nine people who we assume are neighbors of the Burnsworth’s, and those nine neighbors have requested that the variance be denied based on their concerns that it would lower their property values, would take away from the beauty of the street, and would cause water drainage issues. Kathy also added there were no negative agency comments. Board Member Joe Manchin: Have the neighbors seen pictures of the proposed carport? Mrs. Burnsworth said her husband had told certain neighbors about their plans. She was “shocked” that neighbors came out to oppose their request. Pictures were passed around to neighbors. Discussion continued about dimensions, gutters, and downspouts on the carport. There wouldn’t be any runoff, and the carport would not affect the lay of the land, so there shouldn’t be any problems with water drainage. Vice President Kevin McClung: Do we have any additional discussion? Board Member Joe Manchin addresses the audience and asks if the pictures changed their perceptions or lessened their concerns? He states he tries to side with the majority in most of these cases because “you all have to live with each other.” Vice President Kevin McClung asks for a motion. Board Member Manchin: I make a motion to deny. There is no second. Page 2 of 4 Vice President Kevin McClung: The motion fails for lack of a second. There is more discussion among Board members about the dimensions of the carport, the design, and the lack of issues with runoff because of the roof and gutters. The roof will be metal, and because it is attached to the house, makes it more a part of the house than an accessory structure. Impaired vision should not be a problem based on the open-sided design. Board Member John Six: Motioned to approve as submitted. Board Member Ray Friend: Seconded. Motion in favor is 3-0. Motion to oppose is 1 (Joe Manchin). Motion carries 3-0. Vice President Kevin McClung: Public Hearing #2 - Thomas Adams of Thrasher Engineering, on behalf of Extreme Plastics Plus, is requesting a variance from the Fairmont City Code, Section 1341.06 (e) (1) (Light and Heavy Industrial Buildings, Materials) to permit a 10,950 square foot temporary storage building constructed of metal tubing and fabric at their Industrial Park property along Rt. 58 (Tax Map 02-19A, parcel 48). Vice President Kevin McClung: Do I have anyone to speak in favor of this request? Mr. Mike Nestor speaks as a representative of Thrasher Engineering, and on behalf of Extreme Plastics Plus. Mr. Nestor gives a background of the Extreme Plastics Plus facility, and the products that are going to be stored at the site, and describes the site plans, design, dimensions, fabric, color scheme, and warranty of the storage building they are requesting a variance for. There is a discussion about whether or not the structure will be temporary. Eventually, Extreme Plastics would like the building to be permanent, but until further research can be done on the deep mine site it will sit on, they want it to remain temporary. The foundation will be permanent, however. Mr. Mike Martin, VIP Ventures, has adjoining property with the Extreme Plastics Plus. He attended to obtain more information about their plans, wanted to look at plans and schematics, and asked about what types of industry are allowed in the park. City Planner Wyrosdick speaks about temporary vs. permanent structures and its relation to property maintenance codes, setback requirements, and architectural requirements. The Board does not grant variances for a temporary structures, but if Extreme Plastics needs to keep the building there as a permanent structure with this type of material, they would be able to do that. That’s why this variance is coming in front of the Board. The property across the street is Pierpont and they are building a facility for fracking training. The site is zoned business-industrial. Discussion continues with the Thrasher Group, Board members, and adjoining property owners who simply want to obtain more information. Vice President Kevin McClung: Is there anyone present to speak against the request? Page 3 of 4 Mike Martin does not want to speak against the request, he just wants to know what’s going on, and what’s allowed in the park. Kathy clarifies the various uses of the property given the zoning codes, reviews the five findings of fact and property maintenance codes, speaks about five-year variances, and clarifies rules on temporary structures vs. permanent structures. Another citizen voiced her concern whether there will be any kind of manufacturing at the site, and the answer was no – just storage. The cost of the storage building will be $167,000. Vice President Kevin McClung entertained a motion to close the public hearing. Board Member Ray Friend: Motioned to close. Board Member Joe Manchin: Seconded. Motion carries 4-0. Vice President Kevin McClung entertained a motion. Board Member Manchin: Motioned to approve the application as presented. Board Member John Six: Seconded. Motion carries 4-0. DISPOSITION OF PAST CASES None. OTHER BUSINESS City Planner Wyrosdick speaks about a request for a special BZA meeting by the owner of Doddridge Controls on Speedway who wants to lease a long linear storage building on his property to people to work on their own cars, which isn’t permitted on the zoning. He is seeking a conditional use variance. He doesn’t want to wait until November 6th. The application fee is $100 for a special meeting, and $75 for the variance; 18 days is required to get property notifications out and the legal ad published. The Board seems open to the request. President Rich Wood would have to approve it beforehand; Kathy would schedule it. ADJOURNMENT Vice President Kevin McClung entertained motion to adjourn. Board Member Joe Manchin: Motioned to adjourn. Board Member John Six: Seconded. Page 4 of 4