Board of Zoning Appeals

AGENDA THE FAIRMONT BOARD OF ZONING APPEALS February 5, 2015 PUBLIC SAFETY BUILDING 7:00 P.M. I. MEETING CALLED TO ORDER II. ROLL CALL OF MEMBERS III. APPROVAL OF MINUTES November 6, 2014 IV. PUBLIC HEARINGS FOR NOVEMBER 6, 2014 1. Rodney Downey is requesting a conditional use to operate an auto tinting business at 323.5 Fairmont Avenue (Tax Map 03‐02, Parcel 113) 2. J.D. Signs, Inc., on behalf of MVB Bank at 100 NASA Blvd., is requesting a variance from the Fairmont City Code, Section 1342.08 On‐Premise Signs, (c) High Technology Park, (2) Height Limit, which limits the height of the entire sign structure to twenty (20) feet from grade. The proposed sign elevation is fifty (50) feet from grade (Tax Map 09‐20, parcel 17). V. DISPOSITION OF PAST CASES None VI. OTHER BUSINESS Election of Officers VII. ADJOURNMENT  BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on November 6, 2014 at 700 p.m. in the Public Safety Building located at 500 Quincy Street. President Wood called the meeting to order at 700 p.m. and asked for a roll call. ROLL CALL OF MEMBERS Present Absent President Richard Wood Board Member Joe Manchin Vice President Kevin McClung Board Member Raymond Friend Board Member John Six City Staff Present City Planner Katherine Wyrosdick Recording Secretary Mark Miller APPROVAL OF MINUTES President Richard Wood asked for a motion to approve the minutes from October 2, 2014. Board Member John Six motioned to approve the minutes. Board Member Raymond Friend seconded the motion. Minutes were approved 4‐0. PUBLIC HEARINGS FOR November 6, 2014 1. Alex Heimbuch on behalf of Doddridge Controls LLC is requesting conditional use approval to allow an auto service center within an existing warehouse on their property located at 1114 Speedway Avenue. Section 1331.02(b) permits automotive repair, sales and service within Main Corridor Commercial areas subject to conditional review and approval from the Board of Zoning. (Tax Map 03‐03, parcel 147). City Planner Katherine Wyrosdick explains that Mr. Heimbuch is requesting conditional use approval to lease garage spaces to individuals for car repair and service. She comments that the applicant had a prior request for mini‐storage at the site which is not a permitted use. She discusses the condition as set forth in the Planning and Zoning Code. There are no plans to upgrade the site other than interior electrical work. Staff would like a clear definition by the Board of this use as a sales service use rather than mini‐storage. President Richard Wood asks if there is anyone present to speak in favor of this request. Page 1 of 3 Alex Heimbuch, of Doddridge Controls, Inc., explains that the site would be rented as personal project space by individuals to work on vehicles. President Wood asks if the space is already divided up into separate work spaces. Heimbuch explains that the warehouse is currently empty with a total of six garage doors. He states that he would like to rent the spaces on a monthly basis. Board Member Friend asks the applicant about the hours of operation. Heimbuch comments that the area has a private entrance and that renters could use the space whenever they want. He explains the added security afforded by a presence at the facility. Board Member Six asks about sectioning off the building into individual bays. Heimbuch explains that they would use metal temporary walls that will securely subdivide the unit. President Richard Wood asks Heimbuch how close the garage will be to a residential use. The applicant explains that about a 100 feet from the bottom of the ramp there is a residential use. Board Member John Six questions the applicant about the disposal of hazardous liquids. Heimbuch comments that there will be a strict no dumping policy. He explains that tenants must keep all material within their unit. Board Member Ray Friend asks about ramps for the garage units. Heimbuch explains that the garage was designed for roll back delivery so individual ramps will not be necessary. President Richard Wood comments that a condition for the use might be to approve the building for only the automotive use. President Richard Wood asks if there is anyone else to speak in favor of this request. There is not. President Richard Wood asks if there anyone present to speak in opposition to this request. There is not. President Richard Wood 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. President Richard Wood Do we have any additional discussion? Board Member Kevin McClung asks if there are any negative agency comments. There are none. Page 2 of 3 Board Member Ray Friend asks how we know the site will be used for automotive repair and how long a vehicle can be stored at the facility. City Planner Katherine Wyrosdick explains that it would be challenging, but by adding conditions it gives the city some room for enforcement. They discuss the difficulties of setting a time limit for the use and the ways the city could monitor that the site is being used correctly. President Richard Wood asks for a motion. Board Member Ray Friend motioned to approve as the request for automobile repair and service provided that all vehicles and related items be kept inside the units and that at no time the warehouse be used for mini‐storage. Board Member John Six seconded. Motion in favor is 4‐0. Motion carries 4‐0. DISPOSITION OF PAST CASES None. OTHER BUSINESS City Planner Katherine Wyrosdick informs the Board that Martha has left the Planning Department and that we will be hiring a replacement soon. She wishes everyone a happy holiday season. ADJOURNMENT President Richard Wood asks for a motion to adjourn. Board Member John Six motioned to adjourn. Page 3 of 3  BOARD OF ZONING APPEALS STAFF REPORT Case No: 15CU001 Date: January 30, 2015 Meeting Date: February 5, 2015 ISSUES/BACKGROUND Applicant: Jeffrey Jones Location: 323 ½ Fairmont Avenue Zoning: Main Corridor Commercial Applicant’s Response: Applicant is requesting to utilize a garage for an auto detail shop. The garage faces the alleyway behind 323 Fairmont Avenue. The proposed use is considered a conditional use since it is an auto service facility. DISCUSSION/FINDINGS Applicable regulations for this proposal: Article 1317.09(b)(3) Conditional Uses – Automobile Repair, sales and service. Article 1331.02(b) Automotive Boat Heavy Equipment Factory Building Homes Repairs Sales and Service. Which states: (1) Automotive repair, sales and service in Main Corridor Commercial shall be subject to the following conditions A. Buildings shall be oriented to the front of the lot facing the main street; B. Parking and display areas shall be located in the rear or side yards; C. No franchise architecture shall be permitted; D. Lighting shall be shielded and subdued so as not to interfere with the quiet use and enjoyment of surrounding properties as determined by the planning director; E. Traffic flow shall be patterned in such a manner so as not to interfere with the quiet use and enjoyment of surrounding properties.  F. Other conditions which the Planning Commission may deem warranted under the particular or unique circumstances of the situation necessary to meet the contour of the land and to protect the quiet use and enjoyment of surrounding properties. G. Shall be subject to submission, review and approval of a site plan. H. For automobile sales, there shall be a minimum of 6000 square feet of outdoor display area. Staff Comment: The proposed use to utilize an existing garage area for the detailing of passenger vehicle repair would not be in conflict with other uses in the area. Due to the location of the garage on the alleyway and no available off‐street parking, the conditional use approval should be contingent on applicant not storing or parking vehicles within the alley or on adjacent property. Project Area  BOARD OF ZONING APPEALS STAFF REPORT Case No: 15VA001 Date: January 30, 2015 Meeting Date: February 5, 2015 ISSUES/BACKGROUND Applicant: JD Signs on behalf of MVB Bank Location: 100 NASA Blvd. Zoning: Technology District Applicant’s Response: MVB Bank is requesting a pole sign which will exceed the maximum allowable sign height permitted in Section 1342 – Signs and Similar Structure. A maximum of height of 20 feet is permitted and a sign height of 50 feet is requested. (Tax Map 02‐20, parcel 17). DISCUSSION/FINDINGS Section 1307.07 of the P&Z Code states the BZA may grant a variance from the Zoning Ordinance if it finds that the variance meets all of the following findings: 1. Will not adversely affect the public health, safety or welfare of the rights of adjacent property owners, residents or the neighborhood; Due to the severe topography of the site and that many adjacent properties have similar sized signs, it does not appear that the proposed variance will adversely affect the public health, safety or welfare. 2. Arises from special conditions or attributes which pertain to the property seeking the variance; topography of the site creates a low lying area for the business, thus necessitating a taller sign in order to provide visibility from adjacent roadways. 3. Would eliminate an unnecessary hardship and permit a reasonable use of the land; The proposed use is reasonable as most adjacent businesses have similar sized signs. 4. Will allow the intent of the Zoning Ordinance to be observed and substantial justice done; The intent of the Zoning Ordinance and sign regulations will be upheld. 5. Is the minimum variance that will accomplish this purpose; the proposed sign height is below average for similar properties in close proximity to the site. It is important to note that the BZA must answer affirmatively to all five of the findings in order to approve variance requests. See Attached Informational Packet provided by the Applicant. Site Plan Sediment Pond Drain Drain 10’-0” 15’-0” New Approximate Sign Location 16’-10”  MVB Dan Cava Toyota Project Area