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Board of Zoning Appeals

Regular Meeting

Fairmont, WV · October 5, 2017

AgendaMinutes

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 Page 1 of 2 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 Page 2 of 2

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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