Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on May 4, 2017 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. Board Member Aron Majic called the meeting to order at 7:00 p.m. (President Manchin arrived to the meeting late). ROLL CALL OF MEMBERS Present Absent President Joe Manchin, IV Board Member Shultz Board Member Deasy Board Member Majic Board Member Ragan City Staff Present City Manager, Robin Gomez Planning Dept. Secretary, Maria Cipolla APPROVAL OF MINUTES Board Member Majic asked for a motion to approve the minutes from April 6, 2017. Board Member Deasy motioned to approve the minutes. Board Member Ragan seconded the motion. Motion carried 4-0. PUBLIC HEARINGS FOR April 6, 2017 1. Ramkabir Properties, Inc. is requesting a conditional use permit for the Economart located at 1600 Morgantown Avenue per Fairmont City Code 3.1.3.D.iv to allow for the operation of a convenience store. The property is located in a Neighborhood Mixed Use Zoning District. (Tax Parcel 06-09-42) Board Member Majic asked if there was anyone to speak in favor of this request. Isha Patel: I would like to open up a store at 1600 Morgantown Avenue that has been closed. Aron Majic: Was that the Economart that had the drive-through in front? It was a convenient store for years. Isha Patel: Yes. It has been closed for the last two years. We purchased it three weeks ago. We thought we could have a gas station/convenient store. This would make it convenient for the nearby public. Maria Cipolla: What will your hours of operation be? Isha Patel: It will be open from 6:00 a.m. until 10:00 p.m. It will be open 365 days a year. We want to try a convenient store first and later we may want to open up the drive-thru in one or two months. It needs to be renovated from being closed down for two years. We are trying our best to make it look better. Board Member Majic: Do any of the Board members have any questions? There were none. Board Member Majic: Is there anyone else here to speak for this request? There were none. Board Member Majic asked if there was anyone here to speak against this request. There were none. Page 1 of 4 Board Member Majic: Maria, can I have the staff report? Maria Cipolla: The proposed request to utilize a former gasoline station/convenience store as a convenience store would not be in conflict with other uses in the area. The applicant can reuse a vacant site with minimal alterations. The applicant will not be able to utilize the gasoline/filling station portion of the business due to the site having lost its grandfathering status. No significant changes have yet been proposed by the applicant; therefore, staff supports the Conditional Use request to allow the property to be used as a convenience store. Board Member Majic asked for a motion to close the public hearing. Board Member Deasy motioned to close the public hearing. Board Member Ragan seconded the motion. Motion carried 4-0. Board Member Majic: Is there any discussion needed by the Board? There was none. Robin Gomez: Just so the Board is aware, and I believe you are, in the Neighborhood Mixed Use, the usage of a convenient store that is being requested is permitted as a conditional use under the City’s Land Use and Zoning, however, gasoline and fueling is not permitted in this zoning district in the city. The reason is when the City’s Comprehensive Plan was updated in 2005, under the Neighborhood Mixed Use category classification fueling stations became an excluded use in this zoning district. As the zoning districts were developed and subsequently amended this became an excluded use. As the staff reports allude, it lost it. The current site was a fueling station and after 2005 it became a non-conforming existing use. However, because the use ceased for more than one year and a day, it lost its ability to continue to be an existing non-conforming use. Because it is excluded in this zoning district, it cannot be permitted at this time to be a conditional use by the Board of Zoning Appeals. Board Member Majic: Can I have a roll call vote just on the convenient store? Board Member Deasy: I vote to approve. Board Member Majic: Yes (approve). Board Member Ragan: Yes. Board Member Shultz: Yes. Motion carried 4-0. Maria Cipolla: Before you leave (Mr. & Mrs. Patel), you mentioned a drive-through. Before doing the drive-through, you may want to come because there are certain guidelines that the City has for a drive-through, we also have a public hearing May 24th at 6:00 p.m. here on the Comprehensive Plan. You are welcome to come and bring up the fact that fueling stations have been eliminated and the hardship, they may look at that and consider your request. Isha Patel: What is the procedure for an ABC license? Maria Cipolla: You can come in the office and the City Planner can sign off on that now that your convenient store has been approved. Sandra Scaffidi (the City Planner) will draw up a letter stating that you are allowed to operate a convenient store. Once Board Member, Aron Majic, signs off on it, I will send it out to you. 2. Bernard Dale Moore II is requesting a conditional use permit for a new business at 740 Bellview Boulevard. The applicant is requesting a conditional use permit per Fairmont City Code 3.1.5.D.i for the operation of an automobile repair/sales/and service establishment. (Tax Parcel 3-39-24) Board Member Majic: Is there anyone here to speak for this request? Page 2 of 4 Dale Moore: I want to open up a shop. It is what I have done my whole life. I love it and now I finally get a chance to open up a garage. Board Member Majic: Do any of the Board members have any questions for this gentleman? Board Member Majic: Did your location use to be Above & Beyond Repair? Is it a brick building? Dale Moore: Yes. Board Member Majic: I believe that was an automotive repair before you. Dale Moore: Yes. There were two of them before mine. Board Member Majic: Is there anybody else here to speak for this request? There were none. Board Member Majic: Is there anybody here tonight to speak against this request? Frank Sestito: I am not here because I’m against it; I’m not. I just want to understand what is going in there. I live right behind it. I am concerned with the parking. I am all for a nice business going in there. Dale Moore: I understand there was a big issue before. The guy before me had cars everywhere. I am going to keep them nice and neat. I don’t plan on stock piling cars like the other guy. We will also be doing light detailing for our customers. Board Member Majic: Do any of the Board members have any questions or comments at this time? There were none. Board Member Majic: Do I have a motion to close the public hearing? Board Member Ragan motioned to close the public hearing. President Manchin seconded the motion. Motion carried 5-0 Board Member Majic asked for the staff report. Maria Cipolla: The proposed request to utilize a former garage would not be in conflict with other uses in the area. The applicant can reuse a vacant site with minimal alterations. The applicant will not host automobile sales at this location. The existing building has two garage bays and is set up to host an automobile garage. Due to the fact that the site has been an active business for many years and that no significant changes have been proposed by the applicant, staff supports the Conditional Use request to allow the property to be used for automotive repair. Board Member Majic: Can I have a roll call vote? Board Member Deasy: Yes, I approve. Board Member Majic: Yes. Board Member Ragan: Yes. Board Member Shultz: Yes. President Manchin: Yes. Motion carried 5-0 DISPOSITION OF PAST CASES None Page 3 of 4 OTHER BUSINESS Election of Officers – President and Vice President President Manchin: I would like to open up the meeting for nominations. With that, I would like to nominate Aron Majic as president. Maria Cipolla: We have one nomination would anybody else like to be nominated as President? There were none. Maria Cipolla: Do I have a second? Board Member Deasy seconded the motion. Motion carried 5-0 Maria Cipolla: Do we have any nominations for the Vice President position? Board Member Majic: I would like to nominate Mr. Joe Manchin. Board Member Manchin: I would like to see some other people have that opportunity so I rescind my nomination. I would like to just be a member of this Board. Maria Cipolla: Well then, I still need a nomination for the Vice President position. Is anyone interested or would like to nominate someone? President Majic: Mr. Ragan, would you be interested? Board Member Ragan: Yes. President Majic: You have my nomination. Maria Cipolla: I have a nomination for Mr. Ragan. Do I have a second? Board Member Deasy seconded the nomination. Motion carried 5-0 Maria Cipolla: Let the record show that our new President for the BZA is Aron Majic and our Vice President is Mike Ragan. Congratulations Gentlemen. Staff Updates: Maria Cipolla: I want to let everyone know that we are having a meeting for the Comprehensive Plan on May 24th at 6:00 p.m. We would love for everyone to attend to give us their feedback. The public is welcome. The consultants will be there. I will be sending out an email with all the information. ADJOURNMENT President Majic asks for a motion to adjourn. Vice President motioned to adjourn. Board Member Shultz seconded the motion. Motion carried 5-0 Page 4 of 4