Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on May 7, 2015 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Richard Wood 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 Board Member John Six Vice President Kevin McClung Board Member Joe Manchin Board Member Raymond Friend City Staff Present City Planner Katherine Wyrosdick Recording Secretary Maria Cipolla APPROVAL OF MINUTES President Richard Wood asked for a motion to approve the minutes from April 2, 2015. Board Member Joe Manchin motioned to approve the minutes. Board Member Kevin McClung seconded the motion. Minutes were approved 4‐0. PUBLIC HEARINGS FOR April 2, 2015 President Richard Wood: Public Hearing #1 Robert Thaw on behalf of the West Virginia State Police is requesting a setback variance for a communication tower to be located at the new site for the WV State Police at the High Technology Park (TM Map 20/Part of Parcel 80). Section 1331.02(p)(B) Wireless Communications Facilities and Towers requires a setback equal to 125% of the tower height or 225 feet from all property lines where 26.7 feet and 30.9 feet are proposed. City Planner Kathy Wyrosdick: explained this is a request for a communication tower to accommodate the needs of the State Police. They are moving their headquarters to a building that is currently in the High Tech Park. What is being requested tonight is a conditional the use for the tower and a variance from the setback requirements. The height of the tower meets the condition at 180 feet but the setback will not be achieved of 125% of the tower’s height. The reason for this request is because the High Teck Park has the NOOA satellites as well as the approach to the airport that limits where communication towers can go. This is the only spot you can put a communication tower and meet all the regulations that the other agencies would have for siting a tower of this nature. The applicant was requested to provide an engineering report showing that in event of a tower failure, the tower would not collapse onto adjacent property. They have done that. Staff also notes the Page 1 of 11 adjacent property is currently vacant or parking lots. There are no buildings or structures within the 125% fall zone if the engineering report proves inaccurate. If the tower were to fall, there are two points of access to this property. It would not cut off the only access to the property which is also a concern with a request of this nature. We have asked the applicant to provide some typical landscaping that they will put around the perimeter of the site. I believe they have that to show the BZA this evening. With the engineering report, staff is recommending the conditional use and the variance to the setback. President Richard Wood asks if there is anyone present to speak in favor of this request. Robert Thaw, from Terradon, and Ed Given, from GDN, approached the podium on behalf of the state police. Ed Given said the applicant is proposing construction of a 180 foot cell support tower for the purpose of supporting the State Police communication operations for their new West Virginia communication station. The station will serve to dispatch calls over a six county area. The proposed tower will require a setback variance due to the tower’s location on the subject property. The siting challenges for this site involve the proposed tower’s proximity to Fairmont Municipal Airport, proximity to existing site structures, and some challenges in the rear of the property, and the proximity to the existing NOAA satellite dishes on the adjacent site. Due to the proposed location of the tower on the subject property, the tower will be pre‐engineered to collapse within a radius of 26 feet should a structural failure ever occur. Coordination with NOOA regarding the location of the tower took place in 2014 with the understand of what the West Virginia State Police were proposing, representatives of NOOA, knowing the exact location, stated that the proposed tower, including all items attached to it, will cause no harm to NOOA communications to and from their stationary satellites. Therefore, they have no objections to the installation of the proposed tower. On April 21, 2015, the Federal Aviation Administration issued a determination of no hazard to air navigation for this specific site. The height approved goes up to 189 feet. Our application is at 180 feet. No marking or lighting is required. The other approvals that we have received are from SHPO and the tribal preservation. We did an endangered species and migratory bird studies that were all approved. We have an approved Phase one assessment on the site and the geotechnical testing has proven the site to be suitable for the proposed use. This tower is necessary to the operation and location of the State Police communication station. Robert Thaw added the tower is on the right side (of the site). The actual compound is about 3600 square feet. This is going to be a classic tower. There will be a fence going around a compound area. The tower will be going up to 180 feet. There will be an icebridge to the building. The icebridge is a structure to protect the lines as they come off the tower and go to the building. There will be some landscaping around the fencing that will grow to a height about 7 or 8 feet to become a nice screen. This is not a cell tower. It is a communication tower with the same structure. President Richard Wood asked if they would be able to collocate if a cell tower needed a tower in this area. Robert Thaw said, yes, the tower would be able to collocate but there are no plans for that at this time. President Richard Wood added that he would hate to have to do a cell tower a half a mile away simply because we built one that couldn’t collocate. Page 2 of 11 President Wood asked if there was anyone else to speak in favor of this request. There is not. President Wood asked if there was anyone to speak against this request. There is not President Wood asked for a motion to close the public hearing. Board Member Joe Manchin motioned to close. Board Member Raymond Friend seconded. Motion to close 4‐0. President Wood asked if there was any more discussion or a motion. Board Member Joe Manchin motioned to approve. Board Member Kevin McClung seconded. Motion in favor is 4‐0. President Richard Wood: Public Hearing # 2. Tim Fitzwater is requesting approval for variances related to a new townhome project located at 205 Locust Avenue. Variances requested include parking within the front yard adjacent to Watson Avenue (Section 1342.01(c), driveway aisles of 22 feet instead of the required 24 feet within parking areas (Section 1343.02(c)(1) and orienting the back of a building towards the primary road, Locust Avenue (Section 1341.06(a)(4). President Wood asked for the staff’s recommendation. City Planner, Kathy Wyrosdick explains the property at 205 Locust Ave is currently zoned Main Corridor Commercial. Within that zoning district, multiple family and townhomes is a permitted use with conditions. It does not required pre‐approval by the Board of Zoning Appeals. The only issues before the Board tonight are the variances that were identified after review by the DRC in order for this project to move forward. Some of those are really necessary because, as you can tell by the picture in your staff report, the latest challenges by having three roadways, one frontage and two exterior side yards so additional regulations for those yards that are seen by the public right‐a‐way are enforced. That is why you are seeing the variances that are being requested. The first one is for front yard parking. We have a concept plan showing three buildings. They are going to be stacked apartments with most of the parking going between the buildings except for when you get to Watson Avenue. The parking there is accommodating to the entrance of that building. The parking requirement is necessary. Minimum parking of 50 spaces is being met. It is hard, with three front yards, to meet that requirement. Staff is supportive of this variance. The parking will be paved. The second variance request is within the parking lot design standards. Typically for a 90 degree parking design, we require 24 foot driveway width. The applicant is asking that this be reduced to 22 feet. It gives them a little more space to add Page 3 of 11 landscaping to the site. The driveways are going to be a very low volume driveways. You are only going to have eight to ten vehicles parked throughout the day. This is not an uncommon request for the BZA to narrow the driveway isle width. Staff is supportive of this variance. Finally, the requirement for buildings that front a primary road, such as Locust Avenue, requires the building front and its entrance be parallel to the main roadway. With the building that is closest to Locust Avenue that is not being achieved with this design. The design has the building facing the parking lot. We have asked the applicant to provide an upgraded treatment of the back of the building so it at least has the appearance of the front of the building. They have renderings to show you this evening. What they are proposing is the design front of their buildings, will be put on the back. It will look like it has two fronts. The staff is recommending approval of all three variance requests. President Richard Wood added that there were no negative agency comments on this one. President Richard Wood asked if there was anyone else who wish to speak in favor of this. Mr. Timothy Fitzwater, the landowner and Bill Ernstes, his engineer, came forward at this time. Bill Ernstes stated that Mr. Fitzwater has been a business owner in the community for over twenty years. What he is proposing is a development right next to his existing facility. The project entails three buildings with 24 total units with 48 bedrooms total. The site has considerable challenges. Mainly, the site goes from the low side of Locust Avenue up to Watson Avenue which is at the top end. In that distance, the site changes by 50 feet up hill. As you can image, trying to look at a design and trying to it fit the product that we are looking at, it would be advantageous to reduce some of these setbacks to make this project more efficient and provide more green space for the area. The three items we are proposing are shown here (a rendering is on the easel). Of the three streets we are showing, Locust Avenue would be considered the primary frontage but we do have Watson Avenue. This one is the furthest away from the main drive path you would use when visiting the site. In order to provide the parking requirements we will need to meet, we are asking for a variance to be in that front yard area so that we can accommodate the required parking, President Wood asked if access comes off of McCoy Street or both McCoy and Watson Avenues. Bill Ernstes answered, yes, your main access drive will be Locust coming into McCoy. Than each individual apartment building will have access off McCoy Avenue. Watson Avenue is a frontage but it is considered more of a rear property line because all of your buildings are going to be facing that primary direction towards Locust Avenue. We will have landscaping that meets street requirements for landscaping that will screen that area. The parking in that general vicinity will be located lower than the actual roadway surface off Watson Avenue. Watson will be a higher grade so it’ll be almost tucked down in that low‐land area below that roadway. It will be visually screened. The second variance we are seeking is for the distance of a travel way from 24 feet to 22 feet. This will help in many ways. He gained to be able to reduce the parking and driveway surface. It is a low‐volume application we are proposing. We don’t have a primary building with a large parking lot. We broke it into areas with smaller parking areas so there is not a high demand for a larger traffic surface. This will also allow us to provide more landscaping to the area which would otherwise be pavement. The last variance we are requesting is for the back of the building by Locust Avenue to be facing Locust Avenue. You won’t have a driveway or parking lot. It essentially will look like a building front with landscaping and green space. We are proposing to take the front of the building and match it to the back of the building on Locust Avenue. It’ll be the building rear but the appearance will be that of a frontage with a porch, veneer stone and exterior lighting. Page 4 of 11 President Wood, states that from their site plan, it would also appears there will be considerable landscaping in front of the elevation. Bill Ernstes stated that he is correct. The area between the building and Locust Avenue, we will have landscaping to soften the appearance of the building adjacent to the roadway. The site, as it currently sits, the building will be place a little bit higher than the roadway surface on Locust Avenue. You’ll have the building facade plus landscaping that will soften the look. Then inter‐mingleed between the three buildings, we will have additional landscaping within the areas for each of the buildings. This is my description of the variances we are asking for. I would be glad to answer any questions. President Wood asked if this had already gone before the site review (the DRC). Kathy Wyrosdick stated that the DRC has reviewed the concept and identified their needs. Zachary Knotts stated that he (Tim Fitzwater) is not allowed to build within ten feet of the property boundaries. You know that, right? President Wood asked Mr. Knotts to address his questions to the Board and we will address it to them. You don’t address your questions directly to them. We will give you your opportunity in just a second. President Wood asked if there were any questions at this point from the Board. There is not. President Wood asked if there was anyone else to speak in favor of this. Tim Fitzwater added that his current contractor has a close relationship with a well know contracting group here in Fairmont. We have taken a pain‐staking approach to this to best fit a design that would fit into the community were we are at. This building has been built about 15 times. The buildings are very nice and will have blend in with the existing homes there. Board Member, Joe Manchin added that it looks like it will have a familiar look to it like what the Cook Brothers work in the area. Tim Fitzwater said exactly. They are very clean and very easy to look at. They are pretty easy to maintain as far as the exterior goes. Zachary Knotts than asked Mr. Fitzwater if this was going to be for old people. President Wood reminded Mr. Knotts that he has to address all question to the Board. The Board will than asked them your question. Zachary Knotts than asked President Wood if this would be for old people, college students or HUD. President Wood told him when you have your chance, you can ask all your questions and we will answer all of them, o.k.? Zachary Knotts agreed. Page 5 of 11 President Wood asked if there was anything else (from Mr. Fitzwater and Mr. Ernstes). Tim Fitzwater added he and his family has had businesses on Locust for some time. This particular area is dear to his heart and I have seen somethings there over the last seven to ten years that are things I don’t like to see. With Fairmont State doing the paving there and then the promise of the Third Street Bridge coming through, I think there are some exciting things happening here. I just want to be a small part of it. I appreciate you taking the time to hear what we have to say this evening. President Wood asked if there are any questions from the Board. There is not. President Wood asked if there was anyone else present to speak in favor of this. There is not. President Wood asked if there was anyone present to speak against this. Zachary Knotts (stated his name as Zack only for the record) stated if he (Mr. Fitzwater) is allowed to bend the City rules for that, I say a college person came up with the idea on that street that you can’t park a car pointing downhill. You can park it only facing up hill. Any mechanic will tell you that a car will drift forward or backwards. That rule should be abolished. In front of 213 Watson Avenue, how many times, raise your hand, if you have ever seen any firetruck with a wide‐size load on it with pilot cars in front and behind it. They say I cannot park in front of that house because there is not enough room for a fire truck to get through. That should be on Myth Busters. It would be busted easy. President Wood asked, Sir, what does that have to do with the case before us? Zachary Knotts stated that if he is allowed to bend the rules, the poor boy should be able to bend the rules. President Wood said, first let’s say, it is not a matter of bending the rules. There’s a mechanism for adjusting rules that’s a variance. That’s what he came before us to do. It’s not a matter of bending the rules, it’s a matter of going through a legal process to establish an adjustment in the current rules. Zachary Knotts asked, how he can adjust the rules for his property so that he can have parking for his house. President Wood explained that he can go to the Planning department and seek a variance for whatever his issue is. City Planner, Kathy Wyrosdick asked Mr. Knotts if he was talking about parking on the street. Zachary Knotts replied, in front of my house where there is grass. Kathy Wyrosdick stated, if you are talking about public parking in a public right‐a‐way, you would want to address that with the parking authority. You can contact the City Manager’s secretary, Tonya Hamilton, to find out how to do that. Zachary Knotts stated that he has tried everything. Page 6 of 11 Kathy Wyrosdick said, if you have exhausted all opportunities, than you have exhausted them. Zachary Knotts stated little children can take their matchbox cars and set them on the table, take a firetruck and push through to see if a firetruck can fix through. Adults should be able to go up there with a tape measure and do the same thing. Kathy Wyrosdick added that she appreciated what you are saying, but we have to stick with the issue at hand which is the project. Zachary Knotts stated his (Mr. Fitzwater’s) contractor came up to me and said, “I put a million dollars in this project, I can do what I want.” President Richard Wood added, obviously, they are going through this process because they weren’t able to do whatever they wanted without the approval of this body. It appears you have some issues but the issues you have do not appear to be relevant to the case before this body. Now if you anything further to discuss that is relevant to this case, fine, otherwise you will have to take any of the issues you have up with other city officials. Zachary Knotts asked where the twenty‐two foot parking thing at that was in the paper which was on the paper I received in the mail. Is it on the road going up the hill? Kathy Wyrosdick explained it will be within the parking lots that they are proposing. It will not be on the road. Instead of a 24 foot width isle between the parking spaces, they are trying to take that to 22 feet. It won’t impact the right‐a‐ways or the public road. Zachary Knotts said, if that is between his stuff than it shouldn’t matter. I thought it was going to be up against the roadside. That’s why they sent out all those letters. President Richard Wood explained it is not. You were noticed because you apparently you are a resident adjacent to the property. Kathy Wyrosdick added, we are required to notify you that there is a public hearing on these issues if you have an adjacent property. So that is why you received that letter. Zachary Knotts asked about the corner. They will have to adjust that rule. Dave Cooper, my realtor, told me that you cannot build within ten foot of the property line. Kathy Wyrosdick explained in some zoning districts, that is the case but not in this one. This is Main Corridor Commercial. They can build to the property line if they choose. Zachary Knotts asked if somebody else’s property line (they can build too) Kathy Wyrosdick said no, their own property line. Zachary Knotts added our property line touches it. That is what my dispute is. Kathy Wyrosdick explained that they can build to their property line. Page 7 of 11 Zachary Knotts added, my property line. Kathy Wyrosdick replied, o.k., your shared property line. The ten foot setback is for Neighborhood Residential zoned district. Zachary Knotts stated, I have been discriminated and segregated so much against in this county. That is why I speak out. So back to what we were talking about. Is this for old people, HUD, or regular people? Kathy Wyrosdick asked Tim Fitzwater if this would be market‐rate housing. Tim Fitzwater replied that it would be. Zachary Knotts asked if that means anybody. Kathy Wyrosdick explained that the equal opportunity laws would mean that could be open to anyone. Mr. Fitzwater will set the rental rate based on what the market demands. Zachary Knotts stated that you are going to turn the neighborhood into Unity Terrace territory and depreciate everybody’s value. Kathy Wyrosdick said she does believe that is what Mr. Fitzwater is proposing. These will be market‐rate apartments. Zachary Knotts asked, “So what does that mean Fitzwater.” Kathy Wyrosdick told Mr. Knotts that he has to direct his questions to her. Mr. Fitzwater went to answer. She told him he can answer him if he wants. Tim Fitzwater stated that he will set that rate fairly high to what the market demands. I have been some of the newer ones that are out further from Locust Avenue. I have seen what they are charging. Ours, in my opinion, are much nicer. We have a lot invested in our businesses there. I wouldn’t do anything to jeopardize what we are doing there. We have worked very, very hard on those buildings. I have talked to your Dad and brother on this project. I have filled them in on some of things that have gone into it to this point. This will not be something detrimental to our area. I assure this won’t be anything you’ll think won’t look good. This will look good. It will definitely benefit this area. Zachary Knotts said the only thing I don’t like is you told one of your men that I called you pretending to be my Dad. That was a bunch of b.s. President Richard Wood told Mr. Knotts that he has to address this body. We will address the applicant to answer your questions. You are making accusations that is not relevant to the case. If you have an issue that pertain to the variance, fine. We will listen to that. Other than that, if you have nothing else to say, please step down and we will proceed with the public hearing. Zachary Knotts said so while I am here, I’ll learn and I’ll leave. For me to get permission to have suitable parking on my street, I have to contact the City Manager and say I want to come to this meeting and get an adjustment. Page 8 of 11 President Wood stated, if there is a variance required that can be done. I have no idea of the circumstance of what you are talking about. If it requires a variance to be able to park in the front yard, than you can apply for that variance. That would come before this body. Zachary Knotts added, it’s not even front yard parking. It is just ground. My Dad parked there and got a $90.00 parking ticket. It is a six bedroom house and there is only enough parking for a few cars. President Wood asked what the relevance is to this case. There is no relevance. Do you have anything further relevant to the case? Zachary Knotts said no. President Wood said thank you. He then asked if there was anyone else present to speak in opposition to this. Zachary Knott added, I have one last question. Is this a state code or a city code? President Wood told him that the zoning ordinance is a city ordinance. David Ice approached the podium and stated his name. He said his only concern is the parking. If they use up the parking lot, are they going to park in front of my driveway and my house so then we can’t get in. My Mother is 69 year old. She had open‐heart surgery five different times. That is the only thing I am concerned about. Getting into my driveway or in front of my house. We can’t do it now because of all the college people up in the area. I have called the cops numerous times. The only thing they have done, is come out. They have never moved any cars. The only things I am worried about is the parking. Kathy Wyrosdick replied, the parking requirement is one parking space per bedroom. There are two bedrooms for every unit. There is 48 bedrooms that require 48 parking space. I believe Mr. Fitzwater has a few more parking spaces than that. Kathy asked Mr. Fitzwater how many parking spaces he would be having. Mr. Tim Fitzwater replied there will be 51 total. Every bedroom has its own parking space. Plus a few extra in additional to that requirement. David Ice added it was the only thing he was wondering about and if they would be parking in front of our house. Mr. Fitzwater stated that the parking is all contained to that site. It won’t affect your parking at all. Kathy Wyrosdick said the benefit of a new build is we can apply the newer parking standards. I think a lot of what you are experiencing are homes that may have multiple people living in them and if they have a driveway at all, most of them are parking on the street because they have no other option. David Ice said there is only two driveways on McCoy Street. Our driveway is one and there is one other. There are college kids that live up the street and every Friday and Saturday night, I have no way to get into my parking space. They block my driveway. They block the front of my house. I know I have the right to park in my driveway and also in front of my house when I want too. I just can’t do it. I work at night. I get home at five o’clock in the morning. I don’t want to fight with anybody. That is what I am worried about. Are they going to have people coming in and out? That is the only concern I have. Page 9 of 11 Kathy Wyrosdick said a lot of what you are experiencing is because many of those homes have been converted into apartments and they don’t have off‐street parking. This won’t be that situation because they will have 1 space for every bedroom plus a few extra for visitors. You shouldn’t have that experience or that issue increasing with this development. It’s all off‐street and this is what our new parking standards are for. They can’t count on‐street parking towards their requirement. David Ice said thank you. Zachary Knotts stated that he didn’t believe 56 people is only going to have enough space for 56 bedrooms. There are not enough extra spaces for their visitors. Kathy Wyrosdick explained, he is assuming that everyone would be home at the same time and that every bedroom would need have a person with a car. People have different work schedules and not everyone owns a car. Tim Fitzwater added, he has additional parking at his other properties next door that may or not be connected that could be used if needed. It won’t be an issue. I will make myself available. I’ll speak with you (David Ice) after the meeting to help alleviate any future problems. President Richard Wood asked if there are any additional comments. President Wood motioned to close the public hearing. Board Member Ray Friend motioned to close the public hearing. Board Member Kevin McClung seconded. Motion in favor is 4‐0. President Wood asked for a motion. Board Member Joe Manchin motioned to approve on all three variances. Board Member Kevin McClung seconded. Motion in favor is 4‐0. DISPOSITION OF PAST CASES None OTHER BUSINESS The Board Members thanked and commended Kathy Wyrosdick for all hard work with the City, wished her luck with all her future endeavors, and they are sad to see her go. Kathy Wyrosdick thanked them for volunteering their time every month and she commends them for all their hard work. It has been a pleasure for her to work with all of them. She stated that Mark Miller will be filling her place at the next meeting. He will be the Interim City Planner. Page 10 of 11 Zachary Knotts asked Kathy if she was the City Manager. Kathy Wyrosdick explained to him that she is the City Planner. Zachary Knotts asked who he needs to contact to be able to park on a broken up, grassy sidewalk. Kathy Wyrosdick explained to him that if it an issue with parking in a public right‐a‐way that is an issue you take up with the parking authority. She asked him if he has met with the parking authority. ADJOURNMENT President Richard Wood asks for a motion to adjourn. Board Member Kevin McClung motioned to adjourn. Board Member Joe Manchin seconded. Page 11 of 11