Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES 6:30 PM October 19, 2016 City Council Chambers MEMBERS PRESENT: Bill Burton, Colin Wattleworth, and George Papandreas MEMBERS ABSENT: Jim Shaffer and Linda Herbst STAFF: John Whitmore, AICP I. CALL TO ORDER AND ROLL CALL: Burton called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Board conducts business and rules for public comments. II. MATTERS OF BUSINESS: A. Minutes for the September 21, 2016 hearing: Minutes were postponed to the November 16, 2016 hearing due to lack of quorum present at the 21 SEP 2016 hearing. B. Approval of the 2017 Board of Zoning Appeals Hearing Calendar: Papandreas moved to approve the 2017 Board of Zoning Appeals Hearing Calendar as presented; seconded by Wattleworth. Motion carried unanimously. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. CU16-12 / The Morgantown Armory, LLC / 1401 Earl Core Road: Request by Lisa Mardis of Project Management Services, on behalf of The Morgantown Armory, LLC, for conditional use approval of an “Indoor Shooting Range”; Tax Map 31, Parcel 100 and 101.1; B-5, General Business District. Whitmore presented the Staff Report. Burton recognized Lisa Mardis on behalf of The Morgantown Armory, LLC who stated the name of the business has changed from “The Morgantown Armory, LLC” to “Defense and Depth, LLC” but is still under the same ownership. Mardis further explained the indoor shooting range and noted that the business will provide a safe environment with different types of training and classes. Burton recognized Mark Nesselroad Sr., owner of Defense and Depth, LLC, who stated that for two (2) years he has been researching feasibility work and have engaged numerous consultants and design experts. Nesselroad further explained the facility and noted that education is important and they will offer a wide range of programs and classes in an environmentally compliant and safe facility. Morgantown Board of Zoning Appeals Page 1 of 11 October 19, 2016 Minutes Burton asked what measures are being taken to ensure projectiles will not exit the building. Nesselroad explained they will be constructing a “building within a building” and the entire range will be surrounded with a 12 inch wall and further explained the components within those twelve inches. Nesselroad noted the air flow will be tested and monitored to ensure there is no exposure to lead and the bullet recovery will be managed by a rubber berm which will keep the dust down. Nesselroad stated there will be no noticable acoustics outside of the facility as they have other tenants. There being no further comments, Burton asked if anyone was present to speak in favor of or in opposition to the petitions. There being no further comments, Burton declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Burton reiterated the name of the business is changed from “The Morgantown Armory, LLC” to “Defense and Depth, LLC” and stated this change should be reflected in the conditions listed for the petition. Papandreas moved to find in the affirmative for the all the Findings of Facts for CU16-12 as revised by Staff; seconded by Wattleworth. Motion carried unanimously. NOTE: The following Findings of Fact were included in the motion. Finding of Fact No. 1 – Congestion in the streets is not increased, in that: The subject site is located in the Sabraton Plaza, which contains 93,731 square feet of gross leasable area that encompasses seven buildings, and approximately 420 standard parking spaces, including and/or in addition to fifteen (15) accessible spaces. There will only be a 15’ X 45’ 4” addition to the footprint of the structure that will be utilized as a covered, but open entrance. The existing commercial space is currently being used by Omni Care. As indicated in the attached pictures and plans, the area of the proposed covered, but open, entrance is used as undesignated short term parking, related sidewalk, and a mechanical life for deliveries. Finding of Fact No. 2 – Safety from fire, panic, and other danger is not jeopardized, in that: The subject location will remain accessible to emergency responders. The building meets all applicable life and safety standards in regards to Fire and Building Codes. The applicant has been in discussion with both departments, as well as Occupational Safety and Health Administration (OSHA), the National Rifle Association (NRA), Environmental Protection Agency (EPA) and the Bureau of Alcohol, Tobacco, Firearms and explosives (BATF) concerning requirements for each. The Shooting Range, Indoor Use will be located in the Sabraton Plaza that currently contains numerous buildings, types of commercial, and related parking. Finding of Fact No. 3 – Provision of adequate light and air is not disturbed, in that: The subject site is located in the Sabraton Plaza which contain 93,731 square feet of gross leasable area which encompasses seven buildings, and approximately 420 standard parking spaces, including and/or in addition to fifteen (15) accessible spaces. There will only be a 15’ X 45’ 4” addition to the footprint of the structure that will be utilized as a covered, but open, entrance. The Shooting Range, indoor use will be in an existing commercial structure and will not alter existing light distribution and air flow patterns within the general vicinity. Air quality will be regulated by OSHA and/or other agencies. Finding of Fact No. 4 – Overcrowding of land does not result, in that: The current structure, which is located in a B-5, Shopping Center District, conforms to or falls under the maximum building height and maximum lot coverage standards for the zoning district. As evidenced in the attached pictures, there are approximately 420 parking spaces available in the Sabraton Plaza. Morgantown Board of Zoning Appeals Page 2 of 11 October 19, 2016 Minutes  Finding of Fact No. 5 – Undue congestion of population is not created, in that: The subject site will be located in an existing multi-tenant structure in the Sabraton Plaza. There will be a small covered, but open addition for entrance purposes constructed on an area that currently incorporates a sidewalk, undesignated short term parking, and a mechanical life for deliveries. There are approximately 420 parking spaces within plaza. Hours of operation will be similar to the current commercial tenants within the plaza. It is anticipated that there will be approximately six employees. Finding of Fact No. 6 – Granting this request will not create inadequate provision of transportation, water, sewage, schools, parks, or other public requirements, in that: The nature of the conditional “Shooting Range, Indoor” use does not appear to require public services and/or facilities that are not already available to and serving the site and general vicinity. Capacity levels for water, sanitary sewer, and stormwater facilities appear to be adequate to support a change of use. The proposed development is not anticipated to contribute to overcrowding of public schools, parks, or other public requirements. Finding of Fact No. 7 – Value of buildings will be conserved, in that: The subject site is located in an existing B-5 permissible building within a commercial development. No permanent structure is proposed or necessary for the conditional “Shooting Range, Indoor” use that would alter market values or commercial activity of adjacent buildings and uses. The structure will meet all life safety and building codes. Finding of Fact No. 8 – The most appropriate use of land is encouraged, in that: The subject site is located in the Sabraton Plaza which is zone B-5, Shopping Center District. According to the Planning and Zoning Code, the purpose of this district is to permit a group of establishments to be planned, constructed and managed as a total entity. Typically, B-5 districts are located along major thoroughfares, such as the heavily traveled corridor of Earl Core Road. The Sabraton Plaza currently contains 93,731 square feet of gross leasable area which encompasses seven buildings, and approximately 420 standard parking spaces, including and/or in addition to fifteen (15) accessible spaces. The proposed shooting range, Indoor use is highest and best use for the location within the development because it is tucked to the rear of the building, and not easily seen from Earl Core Road. Where other commercial uses may not have success due to the location within the development, the proposed use is more of a commercial destination. Papandreas moved to approve CU16-12 as revised with conditions; seconded by Wattleworth. Motion carried unanimously. NOTE: The following conditions was included in the motion: 1. That the petitioner must maintain compliance with all applicable Monongalia County Health Department, state, and/or federal regulations pertaining to the use of firearms for the purposes of the proposed indoor shooting range. 2. That the beneficiary of this conditional use approval is specific to The Defense in Depth, LLC as the owner of the establishment at the time of this conditional use approval. Said beneficiary may not be transferred without prior approval of the Board of Zoning Appeals. Burton reminded Ms. Mardis that the Board’s decision can be appealed to Monongalia County Circuit Court within thirty (30) days of receiving written notification from the Planning Division and that any work related to the Board’s decisions during this period would be at the sole financial risk of the petitioner. Morgantown Board of Zoning Appeals Page 3 of 11 October 19, 2016 Minutes  B. CU16-13 / West Range Morgantown, LLC / 117 Belmar Avenue: Request by John Freudenthal of Quality Structures, on behalf of West Range Morgantown, LLC, for conditional use approval of “Fraternity or Sorority House”; Tax Map 20, Parcel 653; R-2, Single and Two-Family Residential District. Whitmore advised the Board that Case No. CU16-13 be postponed to allow for exploration of whether or not a conditional use approval is required. Burton noted there is a possibility a conditional use approval for the “Fraternity or Sorority House” may not be necessary, as the use may be grandfathered. Papandreas asked if that applies to the parking as well. Burton explained the parking is a variance and will have to be granted relief in order to proceed with the proposed plan. Papandreas made a motion to postpone CU16-13; seconded by Wattleworth. Motion carried unanimously. C. V16-36 / West Range Morgantown, LLC / 117 Belmar Avenue: Request by John Freudenthal of Quality Structures, on behalf of West Range Morgantown, LLC, for variance relief from Article 1365.04 concerning minimum parking requirements; Tax Map 20, Parcel 653; R-2, Single and Two-Family Residential District. Whitmore presented the Staff Report. Burton recognized John Freudenthal, on behalf of West Range Morgantown, LLC, who explained the trend for fraternity houses are to build two-bedroom apartment units within the structure which would produce lower occupancy rates. Freudenthal explained they are proposing 35 parking spaces but noted that only nine parking spaces would be required without calculating the square footage of the public spaces within the house. Freudenthal explained that the parking spaces will be rented out to provide additional revenue to pay for housing expenses and they have added as many spaces possible. Wattleworth asked if all active brothers will be living at the house. Freudenthal stated not all active members will be living at the house but they will be visiting the house when meetings or functions occur. Burton asked how they decide number of bedrooms for their facilities. Freudenthal explained that they choose a floor plan that will maximize the area. Wattleworth asked how many parking spaces will be added by installing the retaining wall. Freudenthal stated an additional 10-12 spaces will be added and explained they have tried to maximize the area to squeeze as many stalls possible. There being no further comments, Burton asked if anyone was present to speak in favor of or in opposition to the petitions. There being no further comments, Burton declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Papandreas expressed that it needs to be clarified where additional cars will park in the event that an organized function would occur as the zoning classification overlaps with the neighborhood. Morgantown Board of Zoning Appeals Page 4 of 11 October 19, 2016 Minutes Burton noted that most people will walk to these events as it is located on campus and didn’t feel that parking would be an issue. Board members discussed the parking requirements based on 200 occupants versus square footage of the building. Wattleworth noted the building is existing and expressed the impact will be the same whether it is based on square footage or occupants. Freudenthal clarified an additional 360 square foot tower was being added to the building. Papandreas expressed concerns with increased congestion in that area. Wattleworth noted the neighborhood isn’t very dense and didn’t feel that the entire area is congested, given the proximity to the campus. Board members decided to review the Finding of Facts for Case No. V16-36 individually. Papandreas expressed concerns with lack of parking and suggested that Finding of Fact No. 1 should be found in the negative. Burton noted that if the house is grandfathered in as a “Fraternity or Sorority House” then they don’t have to do anything with parking and stated the variance is to allow for more parking than currently on the lot. A review of the individual Findings of Fact did not continue. After further discussion, Papandreas inquired if the variance should be postponed until it is determined if the house is grandfathered in under a “Fraternity or Sorority House,” as there is a relationship between the two items. Whitmore explained that the applicant is required to provide 67 parking spaces for the proposed use and stated the parking is based on the occupancy of building. The “Fraternity or Sorority House” use could be possible without the parking variance, but the development, as proposed and presented, requires a parking variance. Wattleworth expressed that the conditional use is necessary. Papandreas agreed and expressed the grandfather clause would be a moot point if they will be doing construction and adding square footage. Papandreas urged the Board to exercise consistency with how things have been handled in the past concerning parking and congestion. Wattleworth asked if there was a way to add additional parking to the site. Freudenthal stated that the proposed development plan has maximized the lot and it is not possible to add additional parking. Burton recognized William Brewer, President of the Board for Pi Kappa Alpha, who stated there is not a parking problem as most students don’t have cars and noted they currently have 14 parking spaces available for rent and two of those spaces have been vacant for an extended period of time. Papandreas asked how many people lived in the house and what is the maximum occupancy of the house. The President of the Board for Pi Kappa Alpha stated he didn’t know the total occupancy and noted that 32 people live in the house currently. Papandreas expressed concerns with not knowing the occupancy rate. Burton expressed the area around Sorority and Fraternity houses are a more controlled atmosphere and cars would be towed if they are illegally parked. Papandreas asked if they could limit the occupancy rate to 100. Morgantown Board of Zoning Appeals Page 5 of 11 October 19, 2016 Minutes Whitmore explained that occupancy rates were determined based on the Fire Code, and that stated rates will be lowered by additional placement of furniture, after construction. Freudenthal stated that in order to remain compliant with the Planning and Zoning Code, renovations are needed and a variance is necessary to allow for additional parking. Freudenthal stated they would not be able to provide a retaining wall, which allows for additional parking, without the variance. Cory Kourtis, Commercial Builders, stated they worked with the Fire Department to ensure access around the building. Papandreas stated he didn’t have a problem with the design of the parking but rather the overflow that would be located somewhere other than on the property which creates congestion in the neighborhood. Freudenthal noted that if the variance is not granted then they still do the expansion and without additional parking then there will be added congestion in the streets. Wattleworth expressed that a conditional use should still be granted. Freudenthal stated they believe the use is grandfathered and should be able to confirm that in the next week. Freudenthal stated that the highest and best use for this development is as a Fraternity House and noted there is a significant investment in the project which is on a deadline and time sensitive. William Brewer for the Board of the Kappa Alpha house explained the reason for going forward with the variance is because they are on a deadline and expressed that a conditional use will not be needed because the building is grandfathered. Papandreas said he would not have a problem with the variance if a listed condition would be that Parking Authority does not think a potential additional load of 32 cars in neighborhood would be a problem. Whitmore noted there was a Technical Review Team meeting to discuss the project in which the Parking Authority was invited, but did not attend. Kourtis asked how the number of parking spaces was determined as they were at one point decided at 42 spaces. Whitmore explained that the parking spaces are determined by the occupancy of the structure, which increased from initial meetings to the submission of the building permit according to Architect of Record for the project. After further discussion, Burton made a motion to find in the affirmative for Finding of Facts for V16-36 as revised by Staff; seconded by Wattleworth. Motion carried 2-1 with Papandreas voting nay. NOTE: The following Finding of Fact was included in the motion. Finding of Fact No. 1 – The variance will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because: The proposed parking layout appears to maximize parking stall yield given existing site conditions, which appears to provide a higher degree of on-site parking than the majority of neighboring “Fraternity or Sorority House” uses. It is anticipated that the majority of visitors utilizing the building’s meeting rooms (assembly areas) will come by other means of transport other than by car. Morgantown Board of Zoning Appeals Page 6 of 11 October 19, 2016 Minutes  Finding of Fact No. 2 – The variance 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, because: The site is limited by area and topography to practically provide the full 67 required parking spaces. The proposed parking layout appears to maximize parking stall yield given existing site conditions. The majority of requisite parking is based on the square footage of the meeting rooms (assembly areas) rather than simply the number of residents. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The majority of requisite parking is based on the square footage of the meeting rooms (assembly areas) rather than simply the number of residents. Variance relief will permit the condemned building to receive significant investment through renovations and placed back into contributing service as the fraternity house it was originally intended. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: This building has always been a fraternity house. It is at the top of fraternity row and appears to have more parking as proposed than neighboring fraternities. Wattleworth moved to approve V16-36 as requested with conditions; seconded by Burton. Motion carried 2-1 with Papandreas voting nay. NOTE: The following conditions was included in the motion: 1. Unless City Administration determines conditional use approval is not required for the proposed renovations and intended use of the subject building at 117 Belmar Avenue, conditional “Fraternity or Sorority House” use must be granted by the Board under Case No. CU16-13 and conditions set forth therein observed. 2. The number of residents with the subject building may not exceed 36 persons without further parking related variance relief by the Board, if applicable. Burton reminded Mr. Freudenthal that the Board’s decision can be appealed to Monongalia County Circuit Court within thirty (30) days of receiving written notification from the Planning Division and that any work related to the Board’s decisions during this period would be at the sole financial risk of the petitioner. D. CU16-10 / The Boiler Room, LLC / 181 Walnut Street: Request by Darnell Singleton, on behalf of The Boiler Room, LLC, for conditional use approval of a “Restaurant, Private Club” use; Tax Map 26A, Parcel 62; B-4, General Business District. Whitmore presented the Staff Report. Burton recognized Darnell Singleton of 181 Walnut Street who explained the restaurant would be geared towards an older crowd. Burton asked where the restaurant will be located. Singleton explained the location and said the restaurant is planned to be open in a month. Morgantown Board of Zoning Appeals Page 7 of 11 October 19, 2016 Minutes Burton asked if the opening of the restaurant would be delayed should the Board decide to do a site visit and postpone the petition. Singleton stated a site visit would not delay the restaurant opening as he is still working to get the restaurant up to code. Papandreas asked for the percentage of food versus alcohol that will be served at the restaurant. Singleton stated he plans to serve more food than alcohol and that alcohol sales would only provide added income for the business to survive. Singleton stated he would like to serve breakfast and open around 7am every morning. Papandreas made a motion to postpone CU16-10 until a site visit can occur; seconded by Wattleworth. Motion carried unanimously. Papandreas asked the petitioner if he understood that the site visit does not mean approval and the decision may be made not to allow liquor. Singleton confirmed and said he is prepared to open as a restaurant even if the conditional use to serve liquor is not granted. Wattleworth asked Staff to clarify the City Code that involves serving liquor. Whitmore explained there is a City ordinance related to existing private clubs and that the City has an ordinance that says unless an establishment is grandfathered in at the specific location, then the private club must operate as a restaurant and be open at certain times and serve a certain percentage of food sales in order for liquor sales to be permitted. E. V16-33 / First Baptist Church / 432 High Street: Request by Richard Deaner, on behalf of First Baptist Church, for variance relief from Article 1369 concerning signage; Tax Map 26, Parcel 98; B-4, General Business District. Whitmore presented the Staff Report. Burton recognized Richard Deaner, on behalf of First Baptist Church, who stated the purpose for the sign is to bring attention to their handicap entrance and allow people to see services that are offered. Papandreas asked what materials are used to make the sign. Deaner explained the sign was originally made for another church and had a misprint in the lettering. Deaner further explained the original exterior sign was illuminated but they took out the lighting and framed it with a plastic material. After discussion, Board members agreed that the back of the church needed identification with an additional sign. Deaner referred to the sign located on the front of the church and asked if it would be grandfathered in as it has been there prior to 1956. Papandreas stated that the nonconforming sign in question will stay grandfathered as long as no changes are made to the sign. There being no further comments, Burton asked if anyone was present to speak in favor of or in opposition to the petitions. There being no further comments, Burton declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Papandreas made a motion to find in the affirmative for Finding of Facts for V16-33 as revised by Staff; seconded by Wattleworth. Motion carried unanimously. Morgantown Board of Zoning Appeals Page 8 of 11 October 19, 2016 Minutes NOTE: The following Finding of Fact was included in the motion. Finding of Fact No. 1 – The variance will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because: The proposed sign is 80’ away from Spruce Street and will be put into place to locate but not draw attention to the back entrance to First Baptist Church. Finding of Fact No. 2 – The variance 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, because: The proposed signage should enhance wayfinding to the Church’s rear entrance located approximately 80 feet from Spruce Street accessed through via a public metered parking lot. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: It will allow persons to locate the First Baptist Church Spruce Street entrance, which is the church’s primary accessible entrance and parking for those persons visiting. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: It is not on the main entrance (High Street) side of the building and is attempting to comply with the style of signage regulated in the B-4 District. Papandreas moved to approve V16-33 as requested without conditions; seconded by Wattleworth. Motion carried unanimously. Burton reminded Mr. Deaner that the Board’s decision can be appealed to Monongalia County Circuit Court within thirty (30) days of receiving written notification from the Planning Division and that any work related to the Board’s decisions during this period would be at the sole financial risk of the petitioner. F. V16-34 / Sabraton Properties, LLC / 1589 Earl Core Road: Request by Michael J. Saab, on behalf of Sabraton Properties, LLC, for variance relief from Article 1369 concerning signage; Tax Map 31, Parcels 105.1, 108, 111 and 149.2; B-2, Service Business District. Whitmore presented the Staff Report. Burton recognized Michael J. Saab of 322 West Run Road who stated the sign package proposed is the minimum allowed by the franchise. Saab explained the placement of the signs and stated there is a conforming monument sign in the front of the property. There being no comments, Burton asked if anyone was present to speak in favor of or in opposition to the petitions. There being no further comments, Burton declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Papandreas made a motion to find in the affirmative for Finding of Facts for V16-34 as revised by Staff; seconded by Wattleworth. Motion carried unanimously. Morgantown Board of Zoning Appeals Page 9 of 11 October 19, 2016 Minutes NOTE: The following Finding of Fact was included in the motion. Finding of Fact No. 1 – The variance will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because: Neighboring properties appear to include more total area signage and are of similar commercial uses, which do not appear to harm public health, safety or welfare. Finding of Fact No. 2 – The variance 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, because: The property includes a service drive, between the public right-of-way and front façade of the structure. Adequate wall signage for the use cannot meet required area maximums as a result. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Granting this variance appears to permit the end user to provide `adequate presentation to the public. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The use will be able to operate as planned, utilizing wall signage as opposed to multiple or significantly sized site signs, all while providing a service access to adjoining properties. Papandreas moved to approve V16-34 as requested without conditions; seconded by Wattleworth. Motion carried unanimously. Burton reminded Mr. Saab that the Board’s decision can be appealed to Monongalia County Circuit Court within thirty (30) days of receiving written notification from the Planning Division and that any work related to the Board’s decisions during this period would be at the sole financial risk of the petitioner. G. V16-35 / Trinity Communications / 200 Hornbeck Road: Request by Brandon Wilson, on behalf of Trinity Communications, for variance relief from Article 1369 concerning signage; Tax Map 64, Parcels 4 and 5; B-5, Shopping Center District. Whitmore presented the Staff Report. Burton recognized Ignatius Scott of 126 Joyce Street, Clarksburg, who explained the variance request is to exceed the maximum square footage to allow for the sign to be visible to customers traveling from the nearby Walmart Store. Wattleworth asked if sign shown in the Staff Report is to scale. Scott stated the sign shown is not to scale but close to accurate. There being no further comments, Burton asked if anyone was present to speak in favor of or in opposition to the petitions. There being no further comments, Burton declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Papandreas made a motion to find in the affirmative for Finding of Facts for V16-34 as revised by Staff; seconded by Wattleworth. Motion carried unanimously. Morgantown Board of Zoning Appeals Page 10 of 11 October 19, 2016 Minutes NOTE: The following Finding of Fact was included in the motion. Finding of Fact No. 1 – The variance will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because: The sign is located in a commercial area. It is not in a residential area, and will not distract or affect residential property owners or residents. Finding of Fact No. 2 – The variance 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, because: Tenant linear store frontage does not appear to provide sufficient signage for the proposed use. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: A larger sign will allow more customers to see the business. It would appear to be difficult for the business owner to attract customers with a significantly smaller compliant sign given the predominant signage pattern within the surrounding built environment. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The property and surrounding properties are in a commercial area and appears to be spatially designed for this style and area of signage. Papandreas moved to approve V16-35 as requested without conditions; seconded by Wattleworth. Motion carried unanimously. Burton reminded Mr. Scott that the Board’s decision can be appealed to Monongalia County Circuit Court within thirty (30) days of receiving written notification from the Planning Division and that any work related to the Board’s decisions during this period would be at the sole financial risk of the petitioner. V. ANNOUNCEMENTS: None. VI. ADJOURNMENT: 8:45 PM MINUTES APPROVED: November 16, 2016 BOARD SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Board of Zoning Appeals Page 11 of 11 October 19, 2016 Minutes