Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on November 1, 2018, at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. Board Member Deasy called the meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Present Absent Board Member Majic Board Member Manchin Board Member Deasy President Shultz Board Member Bolyard Board Member Ragen City Staff Present City Planner, Sandra Scaffidi Senior Staff Assistant, Maria Cipolla APPROVAL OF MINUTES Board Member Deasy asked for a motion to approve the minutes from September 10, 2018. Board Member Majic motioned to approve the minutes. Board Member Bolyard seconded the motion. Motion carried 4-0. PUBLIC HEARINGS FOR November 1, 2018 1. Brandon Hebron is requesting a conditional use permit to allow a bar at 306 ½ Merchant Street. A bar is a conditional use in the City Center Zoning District. The property is identified as tax parcel 5-7-25. Board Member Deasy asked if there was anyone to speak in favor of this request. Brandon Hebron wants open a bar at this location. It is a good location and he wants to turn it around. It will be called Overtime. He will have food and cater to sports games. They are thinking about having their hours 11:00 am to 3:00 am. Board Member Deasy asked if there was anyone to speak against this request. There were none. Board Member Deasy asked for a motion to close the public hearing Board Member Majic motioned to close the public hearing. Board Member Bolyard seconded the motion. Motion carried 3-0 Board Member Deasy asked for the staff report. Sandra Scaffidi: We have previously approved this location for a bar twice before. This is a conditional use in the City Center zoning district. It must meet the requirements of Section 4.16 and 4.4. Section 4.4 states that the total number of such establishments in concurrent operation within any zoning district where permitted cannot exceed ten. No two of such uses shall be located within 500 feet of each other measured front door to front door along the curb line of the public streets providing access. The gross square footage of floor area to customer ratio shall be one (1) customer for every fifty (50) square feet of floor area. Floor area shall include the area dedicated for customer service and storage area. Plans and specifications for exterior design, interior layout, service area and signage must be submitted for review at the time of the application for a conditional use permit. We had received that in the past, but we will need that from him again. Page 1 of 2 Brandon Hebron: I will get that to you tomorrow when I come in to get my liquor license paperwork. No worries. Sandra Scaffidi: Before you apply for your liquor license, you will have to come to our office so we can sign off on it. Sandra Scaffidi continues with her staff report: Any approval granted by the Board of Zoning Appeals shall be contingent upon the safe and orderly operation of a bar that does not cause a nuisance or hazard to the area. The Board may consider evidence of public nuisance as determined by the City of Fairmont Police Department or City Manager at a duly advertised public hearing to review the Conditional Use Permit, which may be revoked if the Board finds the above conditions are not being met. The general requirements in Section 4.16 include: A. Location on a site of activities that generate potential adverse impacts such as noise and glare; B. Hours of operation and deliveries; C. Location of loading and delivery zones; D. Light intensity and hours of full illumination; E. Placement of outdoor vending machines; F. Loitering; G. Litter control; H. Placement of trash receptacles; I. On-site parking configuration and facilities; J. On-site circulation; K. Privacy concerns of adjacent uses. With that being said, as long as we follow the requirements of Sections 4.16 and 4.4, I recommend approval of this request. Board Member Deasy and the other Board members had a discussion about this request and Sandra Scaffidi read the agency comments. There were no negative agency comments. Commissioner Majic motioned to approve this request. Commissioner Bolyard seconded the request. Motion carries 3-0 Sandra Scaffidi reminded the applicant that they will need to come in for their business license and to arrange an onsite inspection by our Building Inspector and Fire Chief. DISPOSITION OF PAST CASES None NEW BUSINESS None OTHER BUSINESS Board member Deasy reminded the other Board members that we have a special session next Wednesday at 6:00 pm. ADJOURNMENT Board Member Deasy asked for a motion to adjourn. Board Member Manchin motioned to adjourn. Board Member Bolyard seconded the motion. Motion carried 4-0. Page 2 of 2