Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on Thursday, November 3, 2016 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Manchin called the meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Present Absent President Joe Manchin Vice President John Six Board Member Aron Majic Board Member Gia Deasy Board Member Michael Ragan City Staff Present City Manager, Robin Gomez City Planner, Sandra Scaffidi Planning Dept. Secretary, Maria Cipolla APPROVAL OF MINUTES President Manchin asked for a motion to approve the minutes. Board Member Ragan motioned to approve the minutes. Board Member Deasy seconded the motion. Motion carried 4-0. PUBLIC HEARINGS FOR September 1, 2016 1. Joe Pitrolo is requesting a variance from the Fairmont City Code Section 4.25.3.B (Multi-Family Residences; Townhouses; Duplexes) to permit an existing building to transform into a duplex with the parking located in the front yard of the building instead of in the side or rear yard; and from Section 4.9.4 (Minimum Lot Area for Multiple Family Residences) which requires the minimum lot size for a two-family dwelling to include 7,000 square feet while the current parcel is 5,357 square feet. The subject property is located at 1536 Pennsylvania Avenue and is located in a Neighborhood Residential Zoning District. The property consists of Marion County Tax Parcel 03-43-81. President Manchin: Is there anyone here to speak in favor of this request. Joe Pitrolo, owner of the property: It has been a residential home, rental property, maybe used for manufacturing, and an office building before. The top part of the building is a two-bedroom, one bath apartment. It is about 800 square feet. It does need an occupancy certificate. I am currently working with the City on getting this apartment up to code. It has a broad front parking lot. I would like to finish the basement. The basement is also about 800 square feet and unfinished. When I finish it, I plan on adding two bedrooms, a bathroom, and possibly a kitchen area to make it a spare unit. I could put a parking space along the side of the unit very easily, but I think there already is plenty of parking out front. I have been a landlord for over fifteen years. My philosophy is to try to have one to two tenants in the top and bottom apartment. I do check applicant’s rental history, references, and employment. I think the 1500 square feet that we are short on is not a problem because of the excess parking out front. There is plenty of parking out front. John Metz, with the City, came by and inspected the property. He said he thinks the basement can be converted pretty easily to another residence. If the City doesn’t allow me to convert this property to a duplex, I will put in a four-bedroom apartment. Page 1 of 6 Board Member Majic: So you are not actually doing any enlarging of the current property? You are just trying to turn the basement into another unit. That is why you are falling short on your square footage required by the City. President Manchin: Is there anyone here to speak against this request? Joe Urse: I live right next door to this property. We had an awful experience from the previous people that lived there. They were slobs. We have two young daughters. They had dogs living there, a Pitbull and a Rottweiler. There is no yard with it. I couldn’t let my girls outside to play. The dogs were chained up, but for one of those dogs break a chain is nothing. Whoever is going to be living downstairs is not going to be parking out front. I can guarantee it. I own the driveway that goes to that. They people that lived there before had stacked all their trash at the end of their driveway. President Manchin and Robin Gomez verified on the map that the driveway behind Mr. Pitrolo’s property does belong to Mr. Urse. Joe Urse: When we were having a family get together one time, the tenants before had an old junky truck and they went out there; started it up; we couldn’t hear ourselves talk. Their clothes line ran from the truck to the unit. President Manchin: Do these people still reside there? Joe Urse: No, it has been at least three years since anyone has been living there. There is very little room between my driveway and the proposed apartment in the basement. It is too tight. I don’t see where they could park on the side either. The parking has to be up front for people upstairs and downstairs. President Manchin: Mr. Pitrolo, did you own the property at the time that these residences lived there? Joe Pitrolo: No, I just purchased the property. Rapid Renovations owned it. President Manchin: Can you put pavers down so that they can park out front and walk around back? If we put signs in place that the parking has to be out front, so they can’t block your driveway and garbage be placed out front, is that something you can keep an open-mind to? Joe Urse: I am totally against someone being down below. It is o.k. if he is going to put someone up top. I just don’t want slums in there and in our neighborhood. My fear is that is what’s going to happen because it is a basement apartment. We had a man in the past urinating in the yard and building a camp fire. They lived up top but they were always in the back. When they lived there, a day didn’t go by that I wasn’t ready to sell the house. I am totally against this request. President Manchin: In the beginning, this building was a business. It was not a rental unit. It has been a rental for four or five years. President Manchin: Is there anyone else to speak against this request? Robert Karl: The problems we have had with the zoning people that check the buildings, the police, and everybody involved has been bad. Whenever there was a complaint filed, nobody took the time to check them out. The man who built the original building back in the forties and sold it. A woman bought it and was living there. She had animals, a baby, and a man living there with her. My yard full of flies and fleas. President Manchin: Sir, this is a variance request. Page 2 of 6 Robert Karl: But you want to know why I am against this. I don’t trust his integrity. The day after we received our letter [certified letter sent by the Planning Department], he came and cut the grass. It was high. That is his responsibility. He needs to keep his grass cut short. You need to keep it presentable. President Manchin: Please talk to us, sir. Robert Karl: I don’t trust his intent. Everybody else keeps their property neat. I asked Dan Weber what we were going to do about this. When he cut his lawn with a weed eater, he threw the clipping out in the street and every place. President Manchin: This is variance request. Are you saying that by allowing a basement apartment that is going to create more of a problem? We are just here to look at this variance request. This is not the avenue to handle your complaints. Robert Karl: If you have a Board and inspectors who inspect the property to make sure it is right, one family is more than enough there. How did this place ever become a rental property? My house is worth over two hundred thousand dollars, maybe more. Now I am going to have someone throwing out their garbage out front along with fleas and flies. Nobody cares. I have been watching this property since it was bought in July. The grass was just cut the other day for the first time in three months. President Manchin: Mr. Pitrolo bought this property this past July. Robert Karl: If they allow him to put people in there on top of other people and de-value my property, I will fight this till I take my dying breath. They finally condemned the property. It was unfit for human habitation. The dogs were peeing on the walls. There was feces all over the place and outside along with fleas and flies. If that is what I am going to see, I’m not going to call the City, I’m going to talk to him [Mr. Pitrolo]. You people say you are going to enforce the code. Nice residential areas have become slums because nobody took the time to do their job. I know some people who use to work in Code Enforcement. They were given a rough time trying to do their job. I am in favor of one party only living there provided Mr. Pitrolo checks on these people and keeps the grounds up. I shouldn’t have to hide in my house because of drugs and criminal elements. Joe Pitrolo: Can I respond [to Mr. Karl]? President Manchin: Just respond to us. You did already speak. Joe Pitrolo: I didn’t know what they were going to say. President Manchin: I will allow it. So you bought the property in July at an auction. Joe Pitrolo: Yes, I bought at a Joe Pyle auction. I totally understand their concerns. I tried several time to get people to mow the property. I should have had it mowed. I can give them my phone number. If there are any problems, call me. I have a full time maintenance man, in Fairmont, that works for me. I have about 10 to 15 rental properties that I own. I have a pretty good gauge of who will be a good tenant verses bad ones. If I have a bad tenant, I try to get rid of them immediately. I don’t allow pets over twenty pounds. I like to have nice places. I don’t want to bring in lots of riff raff. I want to make the neighbors happy. I am going to put a residential unit in there. I am going to finish the basement and put a few bedrooms in there. Normally, when I have a one or two bedroom apartment, typically they’ll have someone who works. I am not going to put a multiple of people in there and hoard people. It’s just going to cause problems. There is not much difference if I put two bedrooms in the basement and I had a four to five bedroom house and rented it out to seven people verses if I had two or one bedroom in the basement and a two bedroom up top and rented them out separately. In my opinion, that would be less traffic and headaches. I have had duplexes and triplexes. Typically, I try to get people who work a lot. I try to be available to people. Page 3 of 6 President Manchin: I think it would go a long way if you gave your contact information. Joe Pitrolo: Sure. President Manchin: I think I have everything in the opposition. I think the past owners maybe were not responsible. Obviously, the dog scare was an issue. Those dogs scare me. But, he is a new owner. Robert Karl [interrupted]: Sir, you are saying the owners were not responsible. The City was to blame too. Let’s put the blame on both of them. Let’s not just say the owners. We called. Nobody wanted to do a thing until they found all these dogs in the house. They had to go in and gut the house. I’m not saying he does this but, let put the blame were the blame is. I was assured by the City Manager that things were going to change. That when there are inspections and complaints are made, they are going to be handled promptly. They know the people living there don’t have money. If they fine them, they are not going to get their money. This is everyone’s fault. What you need to do, if you are going to do anything, is only allow one apartment. Let’s do it right. President Manchin: Sir, we have to keep things focused. We have to keep this in the directive of what this meeting is for. This is a variance request for 1500 square feet. This has nothing to do with the City, police, and code enforcement doing their job. We are a volunteer board sitting here, looking at this variance request. That is it. If you want to call the police, that is your ability and right to do that; not tonight. We have nothing to do with the police. We have nothing to do with Code Enforcement. We are continuing with the meeting at this point. Can we have the staff report now? Sandra Scaffidi: I visited the site. I makes a big difference when you do visit the site and see the lot size. The lot size currently is 5,700 square feet. The lot size required for a duplex is 7,000 square feet. This may not seem like a lot but it really is when you visit the site. The building is located on a heavily travel road, Route 19, near a blind curve in the road. Since the front yard is graveled and used for parking, I feel it is very unsafe to be backing up into the roadway. The graveled driveway doesn’t conform to the City Code. The code also limits the front yard to no more than 40% for parking. The parking area is also non-conforming to the code that states that parking areas and driveways should a permanent surface and parking spaces backing directly onto the street are prohibited. I don’t think the upper lot is conducive for parking for a duplex. It is my recommendation to deny their request due to the parking as well as small lot size [for a duplex]. I recommend the owner redesign his parking lot to comply with the City code requirements [for the legal current two bedroom unit] and for the safety of the residents. Joe Pitrolo: Do you have any measurements on the parking spaces. Sandra Scaffidi: No. I didn’t measure the parking lot. You can’t back out. Our code states that you cannot back out of a parking spot onto a road. Joe Pitrolo: There is plenty of room to back up into the parking lot and turn around. You don’t have to back up into the road. Sandra Scaffidi: If you need one parking space per bedroom, and you are turning it into a duplex, it is not currently adequate for parking. You have plenty of parking for your current situation but it is non-conforming as of right now. I feel it is unsafe. Joe Pitrolo: I don’t see why you have to back up. There is plenty of room. The depth of the parking lot is probably 20’. There is plenty of room to back up. Sandra Scaffidi: Our code says the parking spots have to be nine feet wide by eighteen feet long. There is not enough room to back out onto a major road way safely. Page 4 of 6 Joe Pitrolo: I think there are five of those you can get in there. If you have two bedrooms upstairs and two bedrooms downstairs, that is plenty of parking. Why is it unsafe? You don’t have to back out onto the road. So I can put 3 bedrooms in the basement, make it a six bedroom house, and rent this out to a family of ten people. Sandra Scaffidi: There are zoning issues and code issues you would have to meet. Joe Manchin: Do you currently have a renter? Joe Pitrolo: No, I don’t have my occupancy letter yet. Joe Manchin: Things have been tense here tonight. Maybe you should rent the first floor and show the neighbors what type of owner you are. This property lost all its grandfathering status since it sat vacant for so long. Robert Karl: I object to the duplex. I am fine with him rent out the top-floor apartment as long as he keeps up the grounds. President Six: “Is there is a motion to close the public hearing on this request?” Board Member Majic motioned to close the hearing. Board Member Ragan seconded the motion. Motion carried 4-0 Board Member Majic motioned to table for the matter to have the parking lot measured. Board Member Ragan seconded the motion. Motion carried 4-0 2. Carl Buckner is requesting a variance from the Fairmont City Code Section 3.1.2.F (Development Standards) to allow for the construction of a carport which would not meet the required side yard setback of 8 feet. The property is located at 408 Potomac Avenue and is located in the Neighborhood Residential Zoning District. The property consists of Marion County Tax Map 05-06 Parcel 36. President Manchin: Is there anyone else to speak in favor of this? Carl Buckner: I plan on extending off the side of the house by twelve feet. It will give me off-street parking. We have had our car hit. People speed through there. I have health issues; a bad heart and two bad knees. I have a handicap a sticker. Parking next to my house would be a great help. President Manchin: “Is there was anyone here to speak against this proposal?” There were none. President Manchin: “Is there is a motion to close the public hearing on this request?” Board Member Ragan motion to close the public hearing. Board Member Majic seconded the motion. Motion carried 4-0 President Manchin asked for the staff report. Sandra Scaffidi: Mr. Buckner is requesting a four foot variance. I have suggested that he have the property surveyed. There is limited on-street parking. I do not see an issue granting this variance. I do recommend approving his request. Page 5 of 6 Commissioner Ragan motioned to close the meeting. Commissioner Deasy seconded the motion. Motion carried 4-0 DISPOSITION OF PAST CASES None OTHER BUSINESS None ADJOURNMENT President Manchin asks for a motion to adjourn. Board Member Ragan motioned to adjourn. Board Member Majic seconded the motion. Motion carried 4-0. Page 6 of 6