Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on September 3, 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. ROLL CALL OF MEMBERS Present Absent President Richard Wood Vice President Kevin McClung Board Member John Six Board Member Joe Manchin Board Member Ray Friend City Staff Present City Planner Mark Miller Recording Secretary Maria Cipolla APPROVAL OF MINUTES President Richard Wood asked for a motion to approve the minutes from August 6, 2015. Board Member John Six motioned to approve the minutes. Board Member Ray Friend seconded the motion. Motion carried 3-0. PUBLIC HEARINGS FOR September 3, 2015 1. Joe Romeo is requesting a conditional use to open and operate an auto sales business at 1315 Morgantown Avenue (Tax Map 05-02, Parcels 8, 9, 10). President Richard Wood asked for a staff report from City Planner, Mark Miller. Mark Miller stated, Mr. Romeo is interested in purchasing the Fairmont Federal Credit Union property for a second location for Joe’s Cars on that side of town. There is a new credit union being built at the top of the connector. We have been told that both the Fairmont and Morgantown Avenue branches will be closing. As part of the amendment that we did to the Planning and Zoning Code we passed in May of this year, automotive sales was added as a conditional use to the Neighborhood Mixed Use zoning district. We did this for a couple of reasons but mainly because there are several used car lots on Morgantown Avenue. Over the years, we have heard the non-conforming requests several times when a new owner comes about. There are several factors that we look at for a conditional use. One is if the building is existing. Another is if the lot faces the main street. We ask that it be oriented to the front. We would also need to be concerned with access but the lot access is provided with former bank driveways going in and out. It requests that outdoor storage be located within the side or rear yard. They will be located in the side yard on the existing parking lot. There is existing landscaping in place to screen from the surrounding properties. The outdoor sales area is setback with a minimum of 10 feet from the property line and screened with the appropriate landscaping. We feel Page 1 of 5 since the site has been an active business for many years, no significant changes have been made and traffic would be minimized or lessened with a car lot verses a bank drive-thru, so staff supports this request. President Richard Wood asks if applicant was present to speak in favor of this. Mike Urn, manager for Joe’s Cars on Eastside said, I have worked there for 14 years. Joe’s Car Lot has been at this location for 29 years. We are just asking to be able to open a second location at this lot. I have a question. When you said you passed the new Zoning in May, what did the zoning go from? President Richard Wood stated, they redid the entire ordinance. That went through the Planning Commission and they send it to City Council. The City Council held a public hearings and then adopted the amended ordinance. That all took place in May. Part of the revisions from the old ordinance was to list this as a conditional use. Mike Urn said, ok, I understand. Is that just this location or the whole area? President Wood said, anything in the City that is in that particular district. This property happens to lie in a Neighborhood Mixed Use district but if there is one say over on Locust Avenue, it would apply to that one too. Mark Miller added, I think we had talked about a year ago and this wasn’t a possibility then, but now it is. President Richard Wood asked if there were any questions from the Board. There were none at this time. President Richard Wood asked if there was anyone else to speak in favor of this. There were none. President Wood asked if there was anyone to speak against this request. Georgeann Grewe said, I live on one of the adjoining properties. I am here with my cousin, Annette Talley, who lives on another property adjoining the bank. We are property owners that own three acres of residential land on Morgantown Ave. The property has been in our family for about 120 years. We are property proud. We have kept the land as a green space with flowers gardens, walking paths, manicured lawns, and environmentally friendly space. This is an unusual green space on Eastside. We would like to keep it as much of a residential area as possible. There is a fear that this will devalue our property. This is a major concern. We were wondering if there are other options beside a used car lot for this property. We realize that now this will make seven used car lots from Speedway to Morgantown Avenue. We are also concerned about the traffic flow. If it will continue to run through Pople Street or hopefully to Morgantown Avenue. We are concerned that Pople Street will be used as an unloading zone with heavy equipment. We as neighbors are concerned the landscaping won’t be residential friendly. We don’t have problems with the new prospect coming in. We do hear good things about the gentleman who is buying the property. He keeps his property Page 2 of 5 well maintained. But we also want to keep it a residential area as much as possible. My concern is that when I walk out my front door, it is just ten feet away. The area is a beautiful green space. Thank you. President Wood asked Ms. Grewe if there is any realistic way that they see someone tearing down the credit union and putting up a single family house there in her mind. Georgeann Grewe added, I think we were hoping for a small business interest to move in there and we wouldn’t have a lot of traffic or a lot of cars. I had heard at one time, someone was interested in putting an office build there. That would be great. I’m just concerned about having a used car lot in my front yard and in a residential area. President Wood said, as a traffic generator, I think an office complex would generate more traffic than a car lot. The one issue you raised that I could see a concern is, you are going to be loading and unloading cars at various times. Is that going to be an issue with Pople Street? (He asked Mr. Urn). Mike Urn replied by saying, we will be unloading in lot across the street. That won’t be a problem at all. Most of them are drivable. We very seldom have a wrecker come in. President Wood added, I was thinking more in terms of a car hauler with three or four cars being brought in. Mike Urn added, we use drivers. President Wood asked if there was anyone else who wished to speak. Annette Talley, a resident on Morgantown Ave., said, we have been trying to get Pople Street fixed for ages. With the loading and unloading and it already being in bad shape, is it a concern with even more cars coming that way? I am concerned with the painting of cars and that sort of thing too. As well as the noise that would be going on while they are doing any mechanical repairs on the cars. President Wood asked Mr. Urn if he was planning on working on the cars there. Mike Urn stated, they are only planning on doing inspections and maybe oil changes. Nothing major. Mark Miller said, the only automotive use that is allowed is just the sales. The code says, “Automotive sales and limited services which is clearly ancillary to the auto sale use in the Neighborhood Mixed Use district may be permitted for passenger vehicles only.” There can be no car washes or repair shops. Mike Urn asked if you can do detailing there. Mark Miller added, for your own stuff, yes. It cannot be a standalone separate business. Page 3 of 5 President Wood if there were any questions from the Board. Board Member Friend asked Mr. Urn what his hours of operation would be. Mike Urn stated they would be open from 9:00 a.m. to 5:00 p.m. Board Member Friend added, so they have limited hours. This proposed project should bring less traffic than the credit union that is in there now. Less car noise, less engine running then a bank drive-thru. These cars are like sleeping giants. They sit there until they are sold. They don’t make a lot of noise. Mr. Romeo’s other lots have nice shiny, good looking cars. He will be a good neighbor. He does manicure and takes care of the property as well. He is solid and stable. If he goes in there, you will have a neighbor for a while like the credit union. Corner lots in the City are valuable to other businesses such as convenient stores which bring more traffic with longer hours. You don’t know what could move in on this property. President Wood added that we do have one written comment from Shirley Grewe. Her letter of concern about the car lot coming is was made part of the official record and is in the file for future reference. President Wood asked if there were any other comments on this issue. There were none. President Wood asked if there was a motion to close the public hearing Board Member Six motioned to close Board Member Friend seconded the motion Motion carried 3-0 President Wood asked if there was any discussion needed amongst the Board members. There was none. President Wood asked if there was a motion for or against this request. Board Member Friend motioned to approve the request. Board Member Six seconded the motion. Motion carried 3-0 DISPOSITION OF PAST CASES President Wood asked if anything happened in Circuit Court with the item from last month’s meeting and if we were past the deadline on that. Mark Miller stated that he had not heard anything and that we are past the deadline on them filing anything with the Circuit Court. OTHER BUSINESS Page 4 of 5 President Wood asked Mark Miller if he had informed everyone that Vice President, Kevin McClung has resigned from the Board of Zoning. Mark Miller said, I did not. I just had it on the agenda to announce that Kevin McClung has decided to resign from the BZA effective immediately. No health issues or anything. He just thought it was time to step down. Also, just to inform you, both his and your (President Wood) terms are up on January 1, 2016. At the next meeting, we need to elect a vice president. We are also in need of one more member. There is somebody who is interested. President Wood said, I don’t know the individual but it sounds like he is conscientious and has been on the Planning Commission for three years. This is a little different from the Planning Commission. Mark Miller said, we have discussed it, the process of the BZA, the black and white of it, and he is interested in experiencing something different. ADJOURNMENT President Richard Wood asks for a motion to adjourn. Board Member Six seconded the motion. Motion carried 3-0 Page 5 of 5