Board of Zoning Appeals
Regular MeetingFairmont, WV · October 5, 2017
Minutes
BOARD OF ZONING APPEALS
The regular meeting of the Board of Zoning Appeals was held on October 5, 2017 at 7:00 p.m. in the Public Safety
Building located at 500 Quincy Street.
President Aron Majic called the meeting to order at 7:00 p.m.
ROLL CALL OF MEMBERS
Present Absent
Board Member Shultz Board Member Joe Manchin, IV
Board Member Deasy
President Majic
Board Member Ragen
City Staff Present
City Planner, Sandra Scaffidi
Recorder, Maria Cipolla
APPROVAL OF MINUTES
President Majic asked for a motion to approve the minutes from September 7, 2017.
Board Member Ragen motioned to approve the minutes.
Board Member Deasy seconded the motion.
Motion carried 4-0.
PUBLIC HEARINGS FOR April 6, 2017
1. Steve Sinclair is requesting a variance from City Code Section 4.9.4 minimum lot area for multiple family
residences which requires at least 9,000 square feet in lot size for a multi-family dwelling (with 4 units).
Mr. Sinclair owns two parcels, which combined, includes 5140.08 square feet. This does not include the
recently abandoned right of way which includes approximately 450 square feet for an approximate total
of 5590.08 square feet (subject to survey and parcel merger). The properties are zoned Main Corridor
Commercial, located at the corner of Locust Avenue and Bryant Street and Ridgely Avenue and Bryant
Street and are identified by Tax Parcels 3-26-3 and 3-26-13.
Steve Sinclair thanked the Commissioners for coming out tonight just for his request and presented them with his
diorama depicting how the building will be situated on his property.
Steve Sinclair: The building will be 30 feet wide and 45 long. The building will be five feet from the property line. The
building will contain four one-bedroom apartments. The building will have two apartments entering from the front and
two apartments in the back. The living area and kitchen, with a washer and dryer, will be in the front and the bedroom
and bathroom in the back of the apartment. I will have at least four parking spots in the back. I purchased the bottom
lot about eight years ago. I purchased the top lot about three years ago. I had the right-of-way abandoned about a year
ago. I think it will rent well since it is at the foot of the university. I will not be leasing one apartment to two people.
Commissioner Shultz: Has someone looked at your building plans and do they meet all the building codes necessary?
Steve Sinclair: I don’t have any building plans. I didn’t want to bring a builder into this project at this point until I knew
the lot size is approved for a multi-family dwelling. I am not sure when I want to do this project. I’m thinking in the
spring of 2019, but I’m not sure.
Sandra Scaffidi: By our Code, he needs 9,000 square feet for a multi-family unit this size. He is just less than 6,000
square feet. The Code reads, for a two-family dwelling, you need 7,000 square feet. For a three-family dwelling, you
need 8,000 square feet. For a family dwelling more than three units, you add 1,000 square feet for every additional
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dwelling unit. That is how we got to that 9,000. He has 5,590.08 square feet. You need 6,000 square feet for a single
family home.
President Majic: There are no negative agency comments. Storm water and Engineering said there is nothing in that
abandoned right-of-way.
The Commissioners discussed the request.
Sandra Scaffidi: First, I really appreciate all the work you put into your diorama. It is second to none. Regardless of the
future planning vision, this lot is nearly half the size it needs to be to adequately address the needs of public health,
welfare and safety. The applicant has not submitted a viable plan for the placement of the proposed apartments on the
lots. Additionally, these lots would need to be merged before any development could take place. This area is situated in
an area that is prone to flooding. I did not look up this area to see if is in the flood plain. I realize it is not a natural
flooding issue, well it is, but it is compounded. I would like to check that out. The City is working on alleviating the
storm water issues in that area. That area is what we call the University District. It is a project we have been working
on. The University District which has been getting a lot of renewed attention by a group of citizens, property owners,
City officials and university members who have been working together to create a cohesive plan to attract new business
to this area as well as improve the aesthetics of this area. I hope you have been invited to that. All of the property
owners were supposed to be invited to participate in it. On October 24, there is going to be a developer’s tour that you
might be interested in. That is a Tuesday afternoon from 3:00 to 5:00. It is to bring people together to realize the vision
of looking holistically at that whole neighborhood, instead of a case by case bases. This will bring people together who
have opportunity; who have know-how; who have money; who have a desire. The students are going to be involved to
share what they want. That area has a lot of potential. That is important to me in terms of preparing the
Comprehensive Plan for the next ten years and our vision for the City. Locust Avenue is an important area. Regardless
of my vision, I am very concerned about the size of the lot for four units and the ramifications of it. Not only for this
project, but for future projects that use this as an example. Look at the five questions when considering this request.
You have to be able to answer them affirmatively.
Commissioner Shultz motioned to close the public hearing.
Commissioner Ragen seconded the motion.
Motion carried 4-0
President Majic asked for a motion.
Board Member Ragen motioned to deny the request because the square footage is just way too small for four units.
Each unit will only be about 650 square feet.
Board Member Deasy seconded the motion.
Motion carried 4-0
Staff Updates:
None
ADJOURNMENT
President Majic asks for a motion to adjourn
Board Member Ragen: motioned to adjourn
Board Member Deasy seconded the motion.
Motion carried 4-0
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Agenda
AGENDA
THE FAIRMONT BOARD OF ZONING APPEALS
October 5, 2017
PUBLIC SAFETY BUILDING
7:00 P.M.
I. MEETING CALLED TO ORDER
II. ROLL CALL OF MEMBERS
III. APPROVAL OF MINUTES FROM September 7, 2017
IV. PUBLIC HEARINGS FOR October 5, 2017
1. Steve Sinclair is requesting a variance from City Code Section 4.9.4 minimum lot area for multiple
family residences which requires at least 9,000 square feet in lot size for a multi-family dwelling (with 4
units). Mr. Sinclair owns two parcels, which combined, includes 5140.08 square feet. This does not
include the recently abandoned right of way which includes approximately 450 square feet for an
approximate total of 5590.08 square feet (subject to survey and parcel merger). The properties are
zoned Main Corridor Commercial, located at the corner of Locust Avenue and Bryant Street and Ridgely
Avenue and Bryant Street and are identified by Tax Parcels 3-26-3 and 3-26-13.
V. DISPOSITION OF PAST CASES
None
VL. OTHER BUSINESS
None
VII. ADJOURNMENT
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