Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES 6:30 p.m. September 19, 2018 Council Chambers MEMBERS PRESENT: Harrison Case, Kevin Meehan, Chris Benison, and Heidi Cook MEMBERS ABSENT: None STAFF: John Whitmore, AICP I. CALL TO ORDER AND ROLL CALL: Case called the meeting to order 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 August 15, 2018 hearing. Whitmore read aloud a memo that included revisions the draft minutes included in the meeting packet. Cook made a motion to accept minutes as amended; seconded by Meehan. Motion carried unanimously. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. CU18-07 / New Beginning Church / 293 Don Knotts Blvd: Request by Brian Kiehl, on behalf of New Beginning Church, for approval of a conditional “Church, Place of Worship” use; Tax Map 39, Parcel 29; I-1, Industrial District. Whitmore presented the Staff Report. Case recognized Brian Kiehl, Pastor of New Beginning Church, who stated the church has been located in Westover for the last 17 years and is being forced to relocate due to the slippage near the Industrial Park. Kiehl stated there are approximately 50 members of the church and noted that all surrounding tenants except one are closed on Sundays and therefore parking would not be an issue. Case asked if there will be evening group meetings. Kiehl stated there are no weekday meetings scheduled at this time. There being no further questions or comments by the Board, Case asked if anyone would like to speak in favor of or in opposition to the variance petition. There being none, Case declared the public hearing closed and asked for Staff recommendations, which were read by Whitmore. Benison inquired if there are reserved parking spaces for each tenant. Case expressed he did not believe there were reserved spaces and stated there appeared to be ample parking as discussed in the Staff Report. Morgantown Board of Zoning Appeals Page 1 of 4 September 19, 2018 Minutes Meehan noted a spelling error in Finding of Fact 2. Meehan made a motion to find in the affirmative for all of the Finding of Facts for CU18-07 as presented by Staff with correction; seconded by Cook. Motion carried unanimously. NOTE: The following findings were included in the motion. Finding of Fact No. 1 – Congestion in the streets is not increased, in that: The “Church or Place of Worship” use will be conducted when local businesses are closed and will not have a large group. Finding of Fact No. 2 – Safety from fire, panic, and other danger is not jeopardized, in that: The use will be required to comply with related Fire Code and Building Code provisions to ensure life and safety issues are addressed. Finding of Fact No. 3 – Provision of adequate light and air is not disturbed, in that: There will be no changes to existing/current building. Finding of Fact No. 4 – Overcrowding of land does not result, in that: The use will occupy an existing tenant space in a pre-existing multi-tenant commercial structure. Finding of Fact No. 5 – Undue congestion of population is not created, in that: The use will operate when local businesses are closed on Sunday, and no residential dwelling units are proposed as a part of the use. 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 use will serve only a small group meeting on Sundays, which do not appear to require additional public services or infrastructure already serving the existing multi-tenant commercial building. Finding of Fact No. 7 – Value of buildings will be conserved, in that: The existing multi-tenant structure will be fully occupied reducing local vacancies and increasing activity within the development. Finding of Fact No. 8 – The most appropriate use of land is encouraged, in that: The conditional use approval will permit the multi-tenant commercial structure to be fully occupied with a diverse set of nonresidential tenants. Cook moved to grant approval for Case No. CU18-07 with Staff recommended conditions; seconded by Meehan. Motion carried unanimously. The following conditions were included in the motion. 1. That the beneficiary of this conditional use approval is specific to the petitioner’s related religious organization’s use and may not be transferred without prior approval of the Board of Zoning Appeals. 2. That the assembly space to be occupied by the petitioner may not be expanded without prior approval of the Board of Zoning Appeals. Morgantown Board of Zoning Appeals Page 2 of 4 September 19, 2018 Minutes Case reminded Mr. Keihl that the Board’s decision can be appealed to Circuit Court within thirty 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. B. V18-35 / Maust / 450 Posten Avenue: Request by Gary Maust for variance relief from Section 1335.05 concerning encroachments into setbacks; Tax Map 36, Parcel 379; R-1A, Single-Family Residential District. Whitmore presented the Staff Report. Case recognized Gary Maust of 108 Harvest Drive who stated they are renovating the house and the new deck would be comparable to the setbacks of surrounding properties. Maust provided further explanation of the project and stated that Posten Avenue is narrow and he does not foresee how the road could be widened in the future. There being no further questions or comments by the Board, Case asked if anyone would like to speak in favor of or in opposition to the variance petition. There being none, Case declared the public hearing closed and asked for Staff recommendations, which were read by Whitmore. Meehan made a motion to find in the affirmative for all of the Finding of Facts for V18-35 as presented by staff; seconded by Cook. Motion carried unanimously. NOTE: The following findings were 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 front yard contains the water meter pit which makes it unsuitable for parking. A better use of space would be a deck to allow for additional living space on an extremely narrow lot. 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 neighboring houses also have decks/porches that do not meet required setbacks. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The porch/deck will extend 4 feet from the front of the house and closer to the street. This will not affect existing off-street parking or sidewalk clearance because there is no sidewalk. Surrounding houses actually have porches closer to the street than this house. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The closest three houses all have porches or decks with less setbacks than the proposed deck. Therefore the neighboring houses enjoy a benefit that this property currently does not share. Cook moved to grant approval for Case No. V18-35 without conditions; seconded by Meehan. Motion carried unanimously. Morgantown Board of Zoning Appeals Page 3 of 4 September 19, 2018 Minutes Case reminded Mr. Maust that the Board’s decision can be appealed to Circuit Court within thirty 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. C. CU18-08 / St. John University Parish / 1481 University Ave: Request by Ryan Hess of Mills Group, LL., on behalf of St. John University Parish, for approval of an expansion of the conditional “Churches, Place of Worship” use; Tax Map 26, Parcel 32; R-2, Single- and Two-Family Residential District. POSTPONED AT THE REQUEST OF THE PETITIONER D. V18-36 / St. John University Parish / 1481 University Ave: Request by Ryan Hess of Mills Group, LLC, on behalf of St. John University Parish, for variance relief from Section 1337.03 concerning maximum lot coverage; Tax Map 26, Parcel 32; R- 2, Single- and Two-Family Residential District. POSTPONED AT THE REQUEST OF THE PETITIONER E. V18-37 / St, John University Parish / 1481 University Ave: Request by Ryan Hess of Mills Group, LLC, on behalf of St. John University Parish, for variance relief from Section 1337.04 concerning setbacks; Tax Map 26, Parcel 32; R-2, Single- and Two-Family Residential District. POSTPONED AT THE REQUEST OF THE PETITIONER V. ANNOUNCEMENTS: Whitmore referred to Case No. V18-27 that was before the Board at the August BZA hearing and noted they have not received additional information regarding the petitioner mentioned court case from 1980. VI. ADJOURNMENT: 6:57 PM MINUTES APPROVED: October 17, 2018 BOARD SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Board of Zoning Appeals Page 4 of 4 September 19, 2018 Minutes