Board of Zoning Appeals

AGENDA THE CITY OF FAIRMONT BOARD OF ZONING APPEALS April 6th,2023 Public Safety Building 7:00pm I. MEETING CALLED TO ORDER II. ROLL CALL OF MEMBERS III. APPROVAL OF MINUTES IV. PUBLIC HEARINGS (OLD/NEW BUSINESS) OLD BUSINESS: None NEW BUSINESS: BZA 23-03 – Randy Riley of 118 Industrial Contracting Road is applying for a Variance to build an accessory structure that will encroach upon the required front yard setbacks. BZA 23-04- Tim Barr, 18 Hopewell Rd. Is applying for a Conditional Use permit for 308 Merchant St. for an entertainment business. V. DISPOSTION OF PAST CASES VI. OTHER BUSINESS VII. ADJOURMENT BOARD OF ZONING APPEALS This meeting of the Board of Zoning Appeals was held January 5th,2023 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 Knapp President Manchin Board Member Majic Board Member Cunningham President Manchin called the meeting to order at 7:00p.m. City Staff Present Director of Planning - Shae Strait Staff Assistant - Kirstin Poluck Assistant Planner - Carly O’Dell Jones APPROVAL OF MINUTES OF October 6th, 2022 President Manchin asked for everyone to read over the previous months minutes and look for corrections or additions. A motion was made by Board Member Majic to approve the minutes. Board Member Knapp seconded the motion. The motion passed unanimously. PUBLIC HEARINGS FOR January 5th, 2023 BZA 23-01 –– - Sanjeev Sharma C/O Santosh LLC, is requesting a CONDITIONAL USE PERMIT for 1117 Fairmont Ave. for a MOTEL. Sanjeev Sharma was present to speak on behalf of the request. He stated that he had recently purchased the Petty John in hopes of renovating it and it becoming franchised by Motel 6. He stated that he has 10 years’ experience in running motels and it looking forward to the renovation and reopening of the facility. Staff has reviewed this location; it currently has 47 units plus some additional amenities. The requirements are as follows: 1. 1. Shall be oriented to the front of the lot facing the main street; 2. Lighting shall be shielded and subdued so as not to interfere with the quiet use and enjoyment of surrounding properties, as determined by the Planning Commission; 3. Noise shall be of such a nature so as not to interfere with the quiet use and enjoyment of surrounding properties. Additional information regarding projected noise levels and  mitigations measures such as a noise analysis prepared by a professional qualified to complete such a study may be required by the Board of Zoning Appeals; 4. Traffic flow shall be patterned in such a manner so as not to interfere with the quiet use and enjoyment of surrounding properties; and 5. Parking shall be underground or to the rear or the side of the main structure. There are several of the requirements that do not apply to the structure due to it already existing. Staff recommended approval of the request. President Manchin asked if there was anyone who was there to speak in favor of the request; there was no one. He then asked if there was anyone present to speak against the request. Marshall Lupo, was there to speak in opposition to the request. He stated that he lives across the street and was concerned with where the storage of the garbage was going to go. Currently the location of the garbage is causing an eyesore for everyone, he asked that the owners consider a new location to place the garbage. Board Member Majic asked if there was anything currently around the garage, there was not. Jeff Van Volkenburg of Farms Dr. was there to speak. He stated that there are residents who about the back of this property and asked if there was something that the motel would out in place, such as a privacy fence or shrubbery to keep some type of privacy for those homes. Also, that there be signage that states Left Turn only, to keep people who are unfamiliar with the area and staying there from turning down into the residential neighborhood. Lastly, he requested that the motel be used appropriately and made sure to follow corporate guidelines. President Manchin again asked if there was any one else present to speak in opposition. Nancy Smaggie also of Farms Dr. was concerned with additional traffic that would be coming to the area, she suggested that speed bumps be added. Forrest Deluca was also there to speak in opposition. He stated he was concerned about this would affect the community; he did not believe it would be a positive impact. He was also concerned with additional traffic and Farms Dr. being used as a short cut. President Manchin asked if there was any one else to speak. There was no one. Mr. Sharma addressed the concerns of the residents he stated they would move the garbage and had no problem with adding fencing/vegetation for the privacy concerns. President Manchin asked for a motion to close the public hearing. Board Member Knapp made a motion to close the public hearing, Board Member Majic seconded the motion. Board Member Majic made a motion to approve the request with the following conditions: There would be signage for those entering/exiting the motel, there would be louvered windows, and the trash cans would me moved. Board Member Cunningham seconded the motion. Roll Call vote was done. Vote: Majic, yes. Shultz, yes; Knapp, yes; Cunningham, yes; Motion approved.  BZA 23-02 - William Oliver on behalf of Merit Development, Inc, is requesting a CONDITIONAL USE PERMIT for 1622 Glass Avenue in the Speedway Business Park for OUTDOOR STORAGE AS A PRINCIPAL USE. William Oliver was present to speak on behalf of the request. The area in question is currently zoned for Industrial Use. The building and location in question are currently leased from Merit. The tenants are wanting to use the building and the area across the street for outdoor storage, for trailers and some other industrial items. Staff reviewed the proposal, the intended area is between a set of tractor trailers that are already stored and the building located at 1622. The intended use is in between that area. The requirements for outdoor storage are that all outdoor storage will have a minimum of a twenty-foot setback from all property lines. Also, side or rear yards must be screened by Type B buffer yards or greater. This particular property does have a front yard that is difficult to determine. After reviewing the request, staff determined that the front yard would be anything that touches Glass Avenue. Staff recommends that the current vegetation stay in place as it is sufficient as a buffer yard between the outdoor storage. Staff believes the requirements are met under the zoning code. Currently the are only two industrial zones left and those are Eldora and Speedway. Board Member Shultz wanted to clarify that both side of Glass Ave would be considered front yard? Planning Director Strait stated that yes, both sides are considered front yard until the parcel becomes subdivided, if ever. Board Member Cunningham questioned if the fence would just be in the front yard? Planning Director Strait stated that yes. Board Member Shultz questioned how this would affect the property located at parcel 1696 as it is labeled a residence? Planning Director Strait stated that 1694, 1696 and 100 are residential uses, however this would not affect them. Board Member Shultz asked how does the proposed located sit topographically in reference to the previously mentioned locations? Higher or lower? Director Strait stated it was lower in elevation than all of those properties. This current property used to have storage at this location but did not reapply within a year, so they had to reapply to get approval. Board Member Cunningham wanted clarification that 1622’s back lot building was also the property of Merit Development. Board Member Shultz got clarification that access to other parcels would not be impeded. To which Director Strait stated that it would not affect those and in fact Merit has been developing new roads. President Manchin asked if there was anyone else to speak in favor of the request, there was no one. He then asked if there was anyone present who was opposed. There were members of the community who did come to speak out against Merit, however it had nothing to do with the current petition that was brought before the board today. President Manchin asked for motion regarding the request that was submitted. Board Member Majic made a motion to approve the request as submitted. Board Member Cunningham seconded the motion. A roll call vote was done. Majic, yes. Shultz, yes; Knapp, yes; Cunningham, yes; Motion approved Disposition of Past Cases None New Business None Other Business Election of the officers was completed. Board Member Shultz nominated Board Member Knapp to President. All members were in favor. President Manchin nominated Board Member Majic as Vice President. All were in favor. Director Strait proposed doing Roberts Rule refresher that would be scheduled in February or March. All members were in favor. Adjournment President Manchin asked for a motion to adjourn. Board Member Knapp motioned to adjourn; Board Majic seconded the motion. Motion passed unanimously.  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 23-04 PREPARED 3/16/2023 Introduction Randy Riley of 118 Industrial Contracting Road is The front yard is approximately 75 feet in depth to applying for a Variance to construct an accessory the front wall of the house. The driveway is also structure, a detached garage, that will encroach on located in the front yard. The other residential required front yard setbacks. property next door has a front yard depth of 40 feet to the front wall of the house. Existing Conditions The property is located at 118 Industrial Contracting Proposed Conditions Road. It is zoned Neighborhood Residential, along The applicant is requesting a variance from the with all other properties along the road. Adjacent following: land uses include one other single-family home and • Article 2.3.3.A – Required Yards which only also non-conforming heavy manufacturing located permit for accessory structures to encroach at the dead end of the road. upon the side and rear yards. The petition is requesting to allow for an accessory structure to be located within the front yard. The proposed accessory structure, a detached garage, is going to be located to the left of the house, angled diagonally to sit towards the existing driveway and parking area. The site layout can be found in Figure 2. The dimensions of the garage will be 27 feet deep by 51 feet wide, with two garage bays. Variance Requirements Figure 1 – View of the front of the home from Google streetview The City of Fairmont Board of Zoning Appeals may grant a variance to the Zoning Ordinance if it finds that the variance: i. Will not adversely affect the public health, safety or welfare or the rights of adjacent property owners, residents or the neighborhood; ii. Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance; Figure 2 – Proposed site layout and location for accessory structure iii. Would eliminate an unnecessary hardship and permit a reasonable use of the land; The only other residential property on the road also iv. Will allow the intent of the Zoning has an accessory structure. The neighboring home Ordinance to be observed and substantial sits approximately 40 feet back from the road. justice done; and Page 1 of 3  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 23-04 PREPARED 3/16/2023 v. Is the minimum variance that will yard as proposed would have very low impact upon accomplish this purpose. the prevailing development pattern of the neighborhood. Staff recommends approval of this Staff Comments variance. This particular case has a few special circumstances that make it an ideal case for a variance. Among Comprehensive Plan those being that the property has a rock The Comprehensive Plan makes no mention of wall/outcropping at the north-west portion that changing the accessory structure yard limitations. prevents any structure from being built very close to it. That is the main reason for the diagonal Findings of Fact placement of the proposed garage. 1. Tara and Randell Riley are the owners of the property Another reason this is a good candidate for a 2. The property is addressed 118 Industrial variance is because of the rural nature of this road Contracting Road and the drastic topographical differences in the level 3. This house was built in the year 2000 of the road and the level at which the two houses sit. 4. The property is identified as Tax District 3, Map From road-level, it will be nearly imperceivable that 9, Parcel 63.4 this garage encroaches into the front yard. 5. The property is zoned Neighborhood Residential 6. The property is approximately 1.47 acres The front yard is the most restricted yard space, 7. The petition is for a variance from Article permitting for open views to and from the home and 2.3.3.A – Required Yards which only permits for public right-of-way. The neighboring home and its accessory structures to encroach upon the side accompanying accessory building both sit at about and rear yards. The request is to allow for an the same depth from the road as where the garage accessory structure to encroach upon the front is proposed to sit, meaning that this garage will not yard. block the views from either house. 8. The intent of these development standards to is preserve open space as well as access to light This is a relatively big parcel and the addition of this and air detached garage will not bring this property close to 9. The existing house is approximately 1528 SF its impervious surface limits. 10. The proposed garage dimensions are 51 feet wide by 27 feet deep As built, the house does not permit for any structure 11. The proposed garage will encroach to be constructed within the rear yard due to lack of approximately 18 feet into the front yard space, and the topographical challenge of the side 12. There is inadequate space within the side and yard does not provide adequate space for this rear yards for most types of accessory accessory structure. structures 13. The prevailing setback will still be met with this Staff Recommendation encroachment Based upon the information within this report and the application submitted, the staff finds that the Attachments accessory structure if it encroaches on the front Please see the attached maps and application. Page 2 of 3  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 23-04 PREPARED 3/16/2023 Page 3 of 3  1095 1115 1516 109 1515 7 1095 Zoning Districts Neighborhood Residential 109 1 1517 Cha rles t St arr ell S F 151 1096 8 916 904 92 10 1090 902 f Clif 120 118 of Front Yard t ion ca ge o x . Lo Gara pr d Ap opose P r Industrial Contracting Rd BZA 23-04 - Variance for Setback of an Accessory Structure 0 40 80 120 160 118 Industrial Contracting Rd Feet  Randy Riley 118 Industrial C ontracting Rd Fairmont West Virginia 26554 808-895-2218 118 Industrial C ontracting Rd. Fairmont WV 26554 Near Watson Bridge along the West Fork River 1.47 AC W Fork River P arcel ID: 24-03-0009-0063-0004 Detached accessory structure adjacent to the home. A portion of the structure would stick out closer to the street than the main facade of the home. However, the structure would not be closer to the road than structures on the adjacent properties. The structure would still be within all applicable setbacks noted in the zoning ordinance. Randell A. Riley 02-20-2023 ✔ 1 1365 sf 25 ft 5 ft 25 ft This addition will not in any way adversely effect neighboring properties as most structures are already situated closer to the street A stone wall at the rear of the property prevents location of the structure in that area. Along the location as shown would eliminate excessive cost associated with the stone wall and tree removal and is reasonable use of the land that is within the stated setbacks. The continuity of frontage along this more rural street will not be disrupted. Minimal distances from the stone wall and interfering trees that is necessary for installation of foundations and construction will be maintained to ensure the structure is as close to the rear property line as is feasible. Randell A, Riley 02-20-2023  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 22-01 PREPARED 12/3/2021 Introduction The Zoning Code defines Entertainment Use as “any Tim Barr of 18 Hopewell Road is requesting a establishment which provides active recreational Conditional Use Permit at 308 Merchant Street for opportunities such as miniature golf, batting cages, Entertainment Use. The property is zoned City arcades, carnival games, go-cart or other motorized Center and also known as Tax District 5, Map 7, vehicle tracks, waterslides, or passive recreation Parcel 27. such as movie theaters and other similar uses.” Existing Conditions Entertainment uses are conditionally permitted in This commercial property is located at 308 Merchant the City Center district and in Main Corridor Street. Its most recent use was Retail and Service. Commercial. The only zoning districts where entertainment use is outright permitted are Nearby zoning districts include City Center and Highway Commercial and Industrial. Neighborhood Residential. Applicable Use Standards Adjacent commercial land uses include many Zoning Code Article 4.14 FULL-SERVICE HOTELS IN different types of Retail and Services. There is EXCESS OF THREE STORIES, MOTELS/HOTELS/INNS, currently redevelopment and renovations of INSTITUTIONAL USES, ENTERTAINMENT USES multiple buildings going on along this street. 1. Shall be oriented to the front of the lot facing the main street; 2. Lighting shall be shielded and subdued so as not to interfere with the quiet use and enjoyment of surrounding properties, as determined by the Planning Commission; 3. Noise shall be of such a nature so as not to interfere with the quiet use and enjoyment of surrounding properties. Additional information regarding projected noise levels and mitigations measures such as a noise Figure 1 – 308 Merchant St street view, from Google Maps analysis prepared by a professional qualified to complete such a study may be required Proposed Conditions by the Board of Zoning Appeals; The applicant is requesting a Conditional Use Permit 4. Traffic flow shall be patterned in such a for the following: manner so as not to interfere with the quiet use and enjoyment of surrounding • Conditional Use Permit Request. A Conditional properties; and Use Permit under Article 8.3.2, which permit for 5. Parking shall be underground or to the rear a non-conforming use to change so long as the or the side of the main structure. proposed use is of equal or less intensity and the previous non-conforming use hasn’t ended more Zoning Code Requirements for Conditional than one calendar year ago. The proposed use is Use Approvals “Entertainment Use” Any conditional use must demonstrate that: Page 1 of 3  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 22-01 PREPARED 12/3/2021 1. The use is consistent with the policies and and adequate sight distances’ are intent of the corresponding purpose for the maintained for motorists entering and zoning district in which it lies. leaving the property proposed for the use. 2. The use is physically and operationally 5. The use will be adequately served by public compatible with the surrounding facilities and services. Public facilities and neighborhood and surrounding existing uses. services that may be considered in light of Conditions may be imposed on a proposed this standard include but are not limited to Conditional Use to ensure that potential water, sewer, electric, schools, streets, fire significant adverse impacts on surrounding and police protection, storm drainage. uses will be reduced to the maximum extent 6. The use provides adequate off-street parking feasible, including but not limited to, on the same property as the use in conditions or measures addressing: compliance with standards set forth in this a. Location on a site of activities that Code. generate potential adverse impacts 7. Any storage of hazardous material that is such as noise and glare; ancillary to a permitted use or a Conditional b. Hours of operation and deliveries; Use must meet the following conditions: c. Location of loading and delivery a. All storage shall be in compliance zones; with all state, federal, and local d. Light intensity and hours of full regulations, particularly Part 11 illumination; Health and Sanitation Code of the City e. Placement of outdoor vending of Fairmont. machines; b. Such material shall be listed and f. Loitering; made known with the Office of the g. Litter control; Chief of the City of Fairmont Fire h. Placement of trash receptacles; Department. i. On-site parking configuration and 8. Unless addressed in the Use Standards, the facilities; use will be screened with fencing and/or j. On-site circulation; landscaping in excess of what is required for k. Privacy concerns of adjacent uses. the district as appropriate, if the use may 3. The use can generally be accommodated on otherwise result in an adverse impact on the site consistent with any architectural and adjacent property benefiting from such design standards set forth in the applicable screening. district regulations of this Code, and in 9. Conditional Use decisions are made by the conformance with all dimensional, site Board of Zoning Appeals. In considering the development, grading / drainage, proposed Conditional Use the Board must performance, and other standards for the determine whether all General district in which it will be located. Requirements and Special Conditions have 4. To the maximum extent feasible, access been met. points to the property are located as far as 10. The Board may impose additional conditions possible, in keeping with accepted and safeguards deemed necessary. engineering practice, from road intersections Page 2 of 3  BOARD OF ZONING APPEALS STAFF REPORT PETITION # BZA 22-01 PREPARED 12/3/2021 Staff Comments Findings of Fact Many of the Use Standards are not applicable to this 1. Tim Barr is the petitioner and lessee of the petition for a Conditional Use Permit because the commercial space site layout and building design are pre-existing. 2. Timbra LLC is the building owner 3. The property is zoned City Center While there is no on-site parking requirements for 4. The proposed use is Entertainment Use the City Center district as per Article 3.H.iii., there is 5. The property is addressed 308 Merchant St a very large city-owned parking lot located within 6. The property is identified as Tax District 5, Map walking distance of this building that is available for 7, Parcel 27 customers and visitors to the businesses located on 7. The existing building is approximately 2,400 SF Merchant Street. 8. The property is approx. 0.41 acres in area 9. The previous use was Retail and Service 10. Entertainment Use is conditionally permitted in Staff Comments the City Center district Based upon the information within this report, the staff believes it would be reasonable to grant this Attachments request for a conditional use permit for Please see the attached application. “Entertainment Use.” Comprehensive Plan The Comprehensive Plan makes no mention of this circumstance. Page 3 of 3  Zoning Districts St t er City Center a W Historic Overlay District 300 304 2 30 30 6 308 312 303 305 30 7 t ntS c ha er M Je ffe rso n St Ga te ay w w te ay Ga Co Co nn r ec to r ec to nn BZA 23-05 - Conditional Use Permit for an Entertainment Use 0 20 40 60 80 308 Merchant St Feet