Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on June 4, 2015 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 Vice President Kevin McClung President Richard Wood Board Member John Six Board Member Joe Manchin Board Member Raymond Friend City Staff Present Interim City Planner Mark Miller Recording Secretary Maria Cipolla APPROVAL OF MINUTES Vice President Kevin McClung asked for a motion to approve the minutes from May 7, 2015. Board Member Ray Friend motioned to approve the minutes. Board Member John Six seconded the motion. Minutes were approved 3-0. PUBLIC HEARINGS FOR April 2, 2015 Vice President Kevin McClung: Public Hearing #1 Bob Layne, on behalf of Stone Tower Joe, LLC, is requesting conditional use approval to operate a coffee roaster business at 314 Washington Street (Tax Map 03-01, Parcel 145). Article 3.1.4, D of the Planning and Zoning Code classifies the intended use a light manufacturing and must adhere to the conditions set forth in Section 4.20. Vice President Kevin McClung asked for a staff report from Interim City Planner, Mark Miller Mark Miller stated that Mr. Layne has been working on the coffee roaster with us for over a year. They have met with the Historic Review Commission to go over any outside improvements they want to do. They have met with the DRC. They had no issues. The next step is conditional use approval from the Board of Zoning. There are eight conditions as Kevin mentioned. Air pollution, vibration, radiation, radio-active materials, electric magnetic interference and the three that could have a bearing are water pollution, industrial waste, and storage requirements. There is no outdoor storage of raw materials or component parts. Staff recommends approval of the proposed coffee roaster upon agreement and satisfaction of the Board of Zoning the above mentioned conditions will be met and followed. Vice President Kevin McClung asks if there is anyone present to speak in favor of this request. Page 1 of 6 Bob Layne said his business name is Stone Tower Joe. It will be at 314 Washington St. We will be buying green coffee beans from a distributor. They’ll drop off bags of green coffee beans on a pallet. We will bring them in the building and roast the coffee. The process of roasting will be done on a roaster that cost $26,000.00. We have all the newest technology. We be roasting the coffee bean, grinding, and packaging the coffee there. We will be shipping out online orders and trying to distribute locally. Vice President Kevin McClung asked if the Board had any questions at this time. There were none. Vice President Kevin McClung asked if there was anyone else to speak in favor of the project. There were none. Vice President Kevin McClung asked if there was anyone to speak against this project There were none. Vice President Kevin McClung asked for a motion to close the public hearing. Board Member Six motioned to close. Board Member Friend seconded the motion. Motion in favor is 3-0 Vice President Kevin McClung asked if there were any discussions or questions at this time. Board Member Six asked if they were only using 25% (the maximum allowed) of the floor design for the equipment and storage. Bob Layne stated the square feet of the building on the upper floor is approximately 700 to 800 square foot. The equipment will take up about 40 square feet. So it is well under the 25% requirement set forth in the code. In addition to that, water pollution is not an issue. We do not use water in the process. We will not be using radiation and magnetic field to accomplish what we are doing. As far as the design layout goes, the roaster will be sitting in a corner taking up about 40 square feet. Of the approximate 800 square feet on the first floor. Vice President Kevin McClung asked if all the storage is inside. Bob Layne stated it is. The coffee beans have to be regulated in a very controlled environment so that they don’t get any type of bacteria and such. You don’t want a big temperature fluctuation. It has to be all kept indoor. Vice President Kevin McClung asked if there would be any waste to speak of. Bob Layne said there would only be burlap sacks, packing and pallets. Vice President Kevin McClung asked if there were any other comments or a motion. Page 2 of 6 Board Member Friend made a motion to approve. Board Member John Six seconded the motion. Motion in favor is 3-0 Vice President Kevin McClung: Public Hearing # 2 John Brolin is requesting a 3’ rear yard setback variance (Section 3.1.1, F) to construct a sunroom at 119 Boxwood Lane (Tax Map 04-01, Parcel 96). Vice President Kevin McClung asked if there was anyone to speak in favor of this proposal. John Brolin stated he contracted All Pro to install a sunroom 10 x 14 on the backside of their house. My property has a diagonal side. We need a variance for the 3 feet on that side. Vice President Kevin McClung asked if he was only close on the one corner of the property. John Brolin said yes, just the one side. Vice President Kevin McClung asked if there was anyone else to speak for this proposal. There were none. Vice President Kevin McClung asked if there was anyone to speak against this proposal. There were none Vice President Kevin McClung asked for the staff report. Interim City Planner, Mark Miler stated Mr. Brolin came in for a building permit to enclose a porch. When you enclose a porch, it than becomes part of the primary structure. As part of the primary structure, it has to adhere to the rear- yard setback. It is general residential there and the setback is 25 feet. I blew up his picture a little bit. From the corner on one side it is 32 feet back to the fence. So we come out to 10 feet from the proposed sunroom leaving 22 feet which leaves him just 3 feet shy. It is pretty much that simple. In the discussion findings, the lot is irregularly shaped with the rear property line angling sharply. The property is small in comparison to neighboring properties. This property is 4,028 square feet. The majority of the others are 6,000 and up. We do not feel it would have a negative effect on the community adjacent properties. Therefore, staff recommends approval. Vice President Kevin McClung asked if there is any further discussion. There was none Vice President Kevin McClung asked for a motion to close the public hearing portion of the meeting. Board Member Ray Friend motioned to close. Board Member John Six seconded the motion. Motion favored is 3-0 Vice President Kevin McClung asked for a motion at this time if there is no further discussion. Page 3 of 6 Board Member Ray Friend motioned to approve. Board Member John Six seconded the motion. Motion in favor is 3-0 Interim City Planner, Mark Miller told Mr. Brolin he can get his building permit now and start with his project. Vice President Kevin McClung: Public Hearing #3 George Shumaker, Jr. is requesting to rebuild a nonconforming garage in the front yard of his home at 816 Orr Street (Tax Map 05-08, parcel 145). Section 3.1.1, F requires all accessory buildings be located within the rear yard. In addition, the applicant is requesting a variance from Section 5.10, 6 Accessory Buildings and Structures to permit an accessory building in excess of the permitted one-half (½) of the total floor area of the principal structure. Vice President Kevin McClung asked if there was anyone here to speak in favor of this request. Peter Menonchick, Jr. (Mr. Shumaker’s neighbor on Satterfield street), stated that he is favor of Mr. Shumaker being able to replace what he has with what he is wanting to do. I don’t see where it is a big problem of any nature. I am trying to understand what you people are telling me. Is there anything you can tell me about the law as far as building or doing something? A little history, please. Vice President Kevin McClung said the City of Fairmont has had a zoning code since the fifties. That allows the City to put requirements on the use of property to protect the public health, safety, and welfare primarily. Over the years, that has been modified and revised. Part of what they can regulate is the buildings, lot coverage, and building envelope (what’s buildable on your property and what is not). Now that is very well illustrated in the zoning code. It has just been updated. Mr. Shumaker has a property that I am assuming prior to the zoning code, some buildings were built that don’t comply with the zoning code. That is what is called a non-conforming use. In the real strict sense, you are not supposed to expand or create an existing a non-conforming use. We are allowed the authority to look at case on an individual basis and determine if what they plan to do is actual going to be detrimental and not in accordance with the zoning code or if it is really an issue that is not the property owner’s own doing and help them use their property as they are allowed. Peter Menonchick, Jr. added I am 59 years old. I have lived on Satterfield Street for 59 years. I am one of the longest living residents on Satterfield Street. Ever since I was little, I can remember there being a garage where it is. As far as I am concerned, to replace the garage wouldn’t be any different from somebody’s house burning down and you telling them they couldn’t put it back where it was. I would think that you should allow George to replace his garage and everything were it is. I appreciate your time. Vice President Kevin McClung thanked Mr. Menonchick and asked Mr. Shumaker if he would like to speak. George Shumaker, Jr. showed some pictures. When I went over to get my permit, they gave me this structure that I propose replacing. The building where the X is, is a one stall block garage 22 feet long by 14 feet with a carport on the lower side with a metal roof. That’s what is currently there. What I want to do is tear it down. If you look at this door, you can see how bad it has shimmed over the years. It needs replaced. I am getting older and I want to do it while I still can. The only thing I want to change is, I have a 14 foot pickup and it won’t fit in the building, I want to make it 10 feet deeper. The garage will be 32 feet deep by 26 feet wide. The existing garage with the carport is a little wider than 24 feet now. They said I have to put this in the back yard. They said to put it in the backyard and they drew a block (he is pointing at the picture he is showing the Board). I am too old all the way back there. I am not going to maintain a driveway all the way across the property. I just want to put it back where it was. Basically, it is going to be a block structure two course above the dirt on the other side, framed, and have vinyl siding on the sides to match the house. Any other questions. I’ll be glad to answer them. Page 4 of 6 Vice President Kevin McClung stated since there was nobody else there. He wasn’t going to ask if there was anyone opposed to the proposal. Vice President Kevin McClung asked Mark Miller for his staff report. Mark Miller told Vice President Kevin McClung, he gave an excellent explanation as to why we are here tonight. He also said Mr. Shumaker and Mr. Menonchick gave a very good explanation of the situation. Mark Miller went on to say, Mr. Shumaker is requesting to tear down and rebuild a non-conforming garage. Which he said, it is in the front yard. The little picture showing it in the backyard is how we would like new ones built. There is a provision that you can rebuild it where it was with Board of Zoning approval with non-conforming use approval. He is increasing the size by 260 square feet. The only other issue with that is there is a limit to how much storage space you can have. It is suppose half the square footage of your primary residence. I did look and the house is about 800 square feet. Is that correct Mr. Shumaker? Mr. George Shumaker said yes. If you count the upper floor with main floor and it would be 1737 square feet and the garage propose would be 832 square feet. Mark Miller said it is a little better than I thought. But you have to at least consider the garage down the hill. But what I want to point out is, he does have over a half of acre and the house is up on this end and the other garage is way down on this end. It does make sense that he have something a little closer to the house. You do have the ability to grant that. Looking through my other notes, it does not appear to have any adverse effect on the neighbors. I pointed out that the lot is severely sloped from north to south. He has no on-street parking available. Zoning ordinance provides for the replace and expansion of the non-conforming garage due to the topography of the site. I mentioned the issue that we need to look at the large garage at the bottom of the property. Staff has no issue. I think he has met the requirements as far as we are concerned. Vice President Kevin McClung pointed out there is one agency comment. It is from the storm water. They say to stay 7½ feet from the existing storm line at the edge of the road. Mr. Shumaker said he can comply with this. Vice President Kevin McClung asked for a motioned to close the public hearing Board Member John Six motioned to close. Board Member Ray Friend seconded the motion. All in favor 3-0 Vice President Kevin McClung asked if the Board had any further questions, discussion, or a motion. Board Member John Six motioned to approve. Board Member Ray Friend seconded the motion. All in favor 3-0 DISPOSITION OF PAST CASES None Page 5 of 6 OTHER BUSINESS None ADJOURNMENT Vice President Kevin McClung asks for a motion to adjourn. Board Member John Six motioned to adjourn. Page 6 of 6