Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES 6:30 p.m. October 17, 2018 Council Chambers MEMBERS PRESENT: Harrison Case, Chris Benison, and Heidi Cook MEMBERS ABSENT: Kevin Meehan 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 September 19, 2018 hearing. No corrections noted, and minutes approved as presented. B. Approval of the BZA’s 2019 Hearing Calendar. Whitmore noted a correction in one of the dates listed. Cook moved to accept dates as corrected; seconded by Benison. Motion carried unanimously. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. CU18-09 / Madeleine Marie’s Catering, LLC / 260 Green Street: Request by Tacia L. Thompson, on behalf of Madeleine Marie’s Catering, LLC, for approval of a conditional “Neighborhood Convenience Store” use; Tax Map 29, Parcel 543; R-1A, Single-Family Residential District. Whitmore presented the Staff Report. Case recognized Tacia Thompson of 260 Green Street who provided further explanation of products that will be offered in the convenience store portion and noted there will be no alcohol or tobacco sold at the establishment. Thompson stated they are a small catering company and expressed there will not be an increase in traffic as all catering items will be delivered off-site. Case asked if catering items will be offered onsite as well. Thompson stated she would like to offer 10-15 menu items on-site if the Board approves. Case referred to a previous Case No. CU17-10 and noted the Board had previously approved that request which included selling pizza on-site. Morgantown Board of Zoning Appeals Page 1 of 3 October 17, 2018 Minutes Benison asked if they would be delivering products within the neighborhood. Thompson stated she would like to concentrate on getting the catering business up and running for now but would consider delivery of small items and products 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. Case recognized (name inaudible) of 237 South High Street who spoke in favor of the petition and expressed that he believed the business would be good for the neighborhood. There being no further comments, Case declared the public hearing closed. Whitmore noted the Planning and Zoning Code does not have “Catering” listed as a use. Case asked for Staff recommendations, which were read by Whitmore. Cook asked for further clarification on the “Catering” use not being listed in the Planning and Zoning Code. Whitmore stated there is not a specific use listed in the code addressing catering type uses and explained the petitioner has advised Staff that they will be offering convenience store items along with catering products. Whitmore noted the petitioner establishes that the business would operate similar to the previous tenant, “The Green Arch Market”. Case noted the approvals of the prior businesses at this address are included in the meeting packets. Benison made a motion to find in the affirmative for all of the Finding of Facts for CU18-09 as revised by Staff; 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 subject site was formerly occupied by the Green Arch Market establishment, which obtained conditional “Neighborhood Convenience Store” use approval by the BZA under Case No. CU13-10. Existing on-site and signed on-street parking appear to have sufficiently satisfied parking demand for the previous commercial uses at the subject site. Finding of Fact No. 2 – Safety from fire, panic, and other danger is not jeopardized, in that: All related Building Code and Fire Code provisions will be addressed as required by the Code Enforcement Department and the City Fire Marshal. Finding of Fact No. 3 – Provision of adequate light and air is not disturbed, in that: No addition to the existing structure is proposed that would alter existing light distribution and air flow patterns within the general vicinity. Finding of Fact No. 4 – Overcrowding of land does not result, in that: No addition to the structure is proposed that would result in increasing the mass, density, or intensity of the existing structure or use. Finding of Fact No. 5 – Undue congestion of population is not created, in that: The historical trend of mixed-uses within the subject structure will continue and therefore not increase existing residential density. Morgantown Board of Zoning Appeals Page 2 of 3 October 17, 2018 Minutes  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 proposed “Neighborhood Convenience Store” does not appear to require public services or public facilities that are not already available to and serving the site and general vicinity. Finding of Fact No. 7 – Value of buildings will be conserved, in that: Regular maintenance and cleaning. Occupying the vacant storefront with the proposed “Neighborhood Convenience Store” should serve to maintain the historical mixed-use activity and vitality that has been enjoyed within the immediate area and Greenmont Neighborhood. Finding of Fact No. 8 – The most appropriate use of land is encouraged, in that: This is not a change in use from the previous occupant and would allow the continuation of a neighborhood business use in the community. Cook moved to grant conditional use approval for Case No. CU18-09, with Staff recommended conditions; seconded by Benison. Motion carried unanimously. The following conditions were included in the motion. 1. That to ensure the approved conditional “Neighborhood Convenience Store” use does not detract from the residential character of the neighborhood: a. A limited line of groceries and household items intended for the convenience of the neighborhood must be offered as the establishment’s foremost enterprise; and, b. The subject establishment may not be open later than 9:00 p.m. c. The petitioner must provide, to the satisfaction of the City Engineer, and properly maintain an appropriate public trash receptacle, the area around which the petitioner shall be responsible for keeping free from litter. 2. That all regulated signage for the subject establishment must comply with related standards set forth in Article 1369 “Signs” unless related variance relief is granted by the Board of Zoning Appeals. 3. That the conditional use approval granted herein is specific to the petitioner and may not be transferred without the prior approval of the Board of Zoning Appeals. Case reminded Ms. Thompson 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. V. ANNOUNCEMENTS: Whitmore reminded the Board that their November hearing will be held a week earlier to accommodate the Thanksgiving holiday. VI. ADJOURNMENT: 6:55 PM MINUTES APPROVED: November 14, 2018 BOARD SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Board of Zoning Appeals Page 3 of 3 October 17, 2018 Minutes