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Board of Zoning Appeals

Regular Meeting

Fairmont, WV · June 23, 2022

AgendaMinutes

Minutes

BOARD OF ZONING APPEALS This special meeting of the Board of Zoning Appeals was held June 23rd, 2022 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. ROLL CALL OF MEMBERS Present Absent Board Member Shultz Board Member Majic Board Member Knapp President Manchin President Manchin called the meeting to order at 7:18p.m. Board Member Shultz made a motion to excuse Board Member Majic from the evenings meeting. Board Member Knapp seconded the motion. City Staff Present Director of Planning - Shae Strait Staff Assistant - Kirstin Poluck APPROVAL OF MINUTES OF April 21st, 2021 President Manchin asked for everyone to read of the previous months minutes and look for corrections or additions. A motion was made by Board Member Knapp to approve the minutes. Board Member Shultz seconded the motion. The motion passed unanimously. PUBLIC HEARINGS FOR June 23rd,2022 BZA 22-02 -Steven Six, of 118 May St, is requesting a Variance to reduce the required side yard setback for the principal home from 8 feet down to 5 feet along the northern property line to build an addition onto a single-family home. The property is zoned General Residential. The property is identified as Tax District 5, Map 1, Parcel 165. President Manchin asked if there was anyone present to speak against the request, there was no one. He then asked if there was anyone there in favor of the request. There was no one. The public hearing was then closed. Staff Stated that they had spoken with Mr. Six regarding the request and he wished to withdraw his petition and if needed he would resubmit the request. President Manchin asked for a motion to withdraw the request. Board Member Shultz made a motion to withdraw, Board Member Knapp seconded the motion. Vote: Knapp, yes. Shultz, yes; Knapp, yes. The motion passed. BZA 22-04 – Heather Summers, of 513 Pittsburg Ave, is requesting a Variance to install a heat pump / AC unit to extend beyond the 5-foot setback rule of the side yard property line. The property is zoned General Residential. The property is identified as Tax District 5, Map 5, Parcel 28. President Manchin asked if there was anyone available to speak in favor of the request. Patrick Knight who is the contractor was present to speak on behalf of the request. He stated that there was only 12 feet measured between the houses and that is not enough. There is no room in the back. The left side is the only viable option. The equipment chosen will minimize the footprint. The space requested is for 2 units. One unit will be replaced at a later time. If this home was located in a multi-family district this would not be an issue. Board Member Shultz questioned the space between the homes and wanted to know how many windows where in the neighboring house. Mr. Knight stated that the house had 2 side windows. The units are being placed for the attic space. President Manchin asked if there were any more questions. There were none. Staff commented that while he believes the petition does not meet the minimum requirements but is an undue burden since it just applies to the single-family home district. It will not be a nuisance to the community. Board Member Shultz asked if there were any agency comments to which Staff stated that there were none needed, the screening requirements for the unit are still in place. Board member Knapp makes a motion to close the public hearing, board member Shultz seconded the motion. Board Member made a motion to approve the request. Board Member Shultz voiced concern about encroaching on the neighbor but understood the space to place the limit was limited. Board member Shultz then seconded the motion to approve the request given it is kept to the minimum requirements. Board Member Knapp seconded the motion. Vote: Knapp, yes. Shultz, yes; Knapp, yes. The motion passed. Disposition of Past Cases None New Business None Other Business None Adjournment President Manchin asked for a motion to adjourn. Board Member Knapp motioned to adjourn; Board Shultz seconded the motion. Motion passed unanimously.

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