Board of Zoning Appeals

Morgantown Board of Zoning Appeals MEETING PACKET Wednesday, April 17, 2019 6:30 p.m. City Council Chambers Board Members: Harrison Case, Chair Kevin Meehan, Vice Chair Chris Benison Heidi Cook Garrett Tomblin Development Services Department Christopher M. Fletcher, AICP, Director John Whitmore, AICP, Planner III  BZA Pre-Meeting Announcement read by the Chairperson Good evening and welcome to the regular/special meeting of the City of Morgantown Board of Zoning Appeals. Please turn off all cell phones or other devices that may disrupt these proceedings. It is the duty of this Board to consider requests for relief from the requirements of the City’s zoning regulations; to consider conditional use permit requests; and, to hear administrative appeals. The Board conducts business in the following order:  Review, amend, and approve minutes of a previous meeting.  Unfinished Business  New Business  Announcements from Staff Each request is heard in the order that it appears on the agenda. For each Conditional Use and Variance request, the following is done:  I will introduce the agenda item and the Planning Division will present a Staff Report, which may or may not offer a recommendation.  The applicant/agent will be asked to present their justification for their request, which may include questions by members of the Board.  I will then open a PUBLIC HEARING to hear testimony in support of, or in opposition to, the request. Rules regarding public testimony are as follows: ‒ Anyone wishing to testify during the public hearing may do so once recognized by me or may, in lieu of oral testimony, submit written testimony to the Chair. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. ‒ All comments must be addressed to the Board, should be relevant to the application, and may not be of a personal nature or personal attacks. ‒ All speakers will be limited to FIVE (5) MINUTES. If members of the Board have any questions of the speaker, that time will not be counted toward his/her five (5) minutes. ‒ If there is a large number of speakers, including many who are part of groups or organizations, I may, to avoid repetitive comments, elect to ask for a representative to speak on behalf of the group or organization. Excerpt from BZA Bylaws Policy Annex 1 Page 1 of 2 Adopted January 20, 2016  ‒ Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting his/her opportunity to participate in the public hearing. ‒ I may elect to recognize the applicant/agent at the end of the public hearing to provide rebuttal or additional comments, which will be limited to five (5) minutes. If members of the Board have any questions of the applicant/agent, that time will not be counted toward his/her five (5) minutes.  After all testimony is heard, I will declare the PUBLIC HEARING CLOSED and no further public comment will be permitted.  Uncivil, unruly, and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting.  State law requires the Board to consider findings of fact for each conditional use and variance request. The request cannot be granted unless a majority of the quorum present finds in the positive of ALL of the findings of fact. The Board may elect to continue the hearing to another date if it needs additional information.  Applicants and requesting parties will be notified in writing by the Planning Division of the Board’s findings and conclusions. Regardless of whether a request is approved or denied, decisions of the Board can be appealed to the Circuit Court of Monongalia County within thirty (30) days upon receipt of the written notification. Any work done relating to decisions rendered by this Board during this thirty-day period is at the sole financial risk of the applicant. Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants. Excerpt from BZA Bylaws Policy Annex 1 Page 2 of 2 Adopted January 20, 2016  MORGANTOWN BOARD OF ZONING APPEALS April 17, 2019 6:30 p.m. Council Chambers Board of Zoning Appeals AGENDA Harrison Case, Chair Kevin Meehan, Vice-Chair I. CALL TO ORDER AND ROLL CALL Chris Benison Heidi Cook II. MATTERS OF BUSINESS: Garrett Tomblin A. Minutes for the March 20, 2019 hearing III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. CU19-02 / Mundy’s Place / 669 Madigan Avenue: Request by Julana Enterprises, LLC, on behalf of Mundy’s Place, for approval of a conditional “Restaurant, Private Club” use; Tax Map 40, Parcel 88; B-1, Neighborhood Business District. V. ANNOUNCEMENTS If you need an accommodation, VI. ADJOURNMENT please contact us at 304-284-7431. Morgantown Board of Zoning Appeals Chair Harrison Case has, in accordance with the BZA’s Bylaws, duly called a workshop to be held immediately following the regularly scheduled meeting that begins at 6:30 p.m. on Wednesday, April 17, 2019. The workshop will be held in the Planning Office, City Hall, 389 Spruce Street, Morgantown, WV. The purpose of this workshop will be to provide training for members of the Board of Zoning Appeals to include duties and responsibilities, ethical issues, preparing for and conducting meetings, decision making, findings of fact, etc. Workshops are not considered regular or special meetings and may not include the formal conduct of business, the rendering of decisions, or taking action for which the Board is charged. Workshops are open to the public and are intended to serve as training, study, public education, etc. Development Services Christopher Fletcher, AICP Director Planning Division John Whitmore, AICP Planner III 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 Intentional Blank Page  BOARD OF ZONING APPEALS MINUTES 6:30 p.m. March 20, 2019 Council Chambers MEMBERS PRESENT: Harrison Case, Kevin Meehan, Chris Benison, and Heidi Cook MEMBERS ABSENT: Garrett Tomblin 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 February 20, 2019 hearing. No corrections noted, and minutes approved as presented. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V19-11 / Qdoba / 386 Patteson Drive: Request by Kenny Weeks of Discount Signs and Awnings, on behalf of Qdoba Eats Mexican, for variance relief from Article 1369 concerning signage; Tax Map 11, Parcels 6 and 9; B-2, Service Business District. Whitmore presented the Staff Report. Case recognized Kenny Weeks of Discount Signs, on behalf of Qdoba, who concurred with the Staff report and stated the store is remodeling and modernizing their establishment. There being no 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 noted the proposed sign will be smaller than the existing sign. Whitmore confirmed and referred to the Staff report to provide further explanation on the measurements of the proposed sign. Cook made a motion to find in the affirmative for all of the Finding of Facts for V19-11 as presented; seconded by Benison. 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: Morgantown Board of Zoning Appeals Page 1 of 7 March 20, 2019 Minutes D-R-A-F-T  The size of the wall sign appears to be in keeping with neighboring business wall signage and is functionally smaller than the wall sign to be replaced, which does not appear to have adversely impact the public realm or property rights. 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 Qdoba establishment has historically functioned with signage in excess of current maximum sign area standards and appears to be in keeping with other business establishments within the Patteson Drive commercial corridor. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The new sign, although smaller than the existing sign to be replaced, appears prudent to message to vehicular passersby within the five-lane Patteson Drive corridor. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The proposed sign is less in area than the wall sign it will replace thereby modestly decreasing visual clutter within the Patteson Drive commercial corridor. Cook moved to grant variance relief for Case No. V19-11 without conditions; seconded by Meehan. Motion carried unanimously. Case reminded Mr. Weeks that the Board’s decisions 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. V19-12 / Wincor Properties, LLC / 263 Grant Avenue: Request by Don F. Corwin for variance relief from Section 1361.03 related to building materials; Tax Map 20, Parcel 33; R-3, Multi-Family Residential. Whitmore presented the combined Staff Report for Case Nos. V19-12, V19-13 and V19-14. Whitmore noted that Staff received a letter in favor of the petitions from Jaime Craig after the meeting packets were distributed. Case recognized Don Corwin of 251 Beechurst Avenue, on behalf of Wincor Properties, LLC, who provided further explanation of the project. Corwin stated there have been many upgrades made to the existing house to improve the quality and safety of the structure. Corwin stated that using a brick material would be hard to match as the existing brick is over a hundred years old. He expressed that using an earth tone hardi-siding with matching trim is attractive for this property and therefore they are requesting variance relief on materials. Corwin stated it is necessary to change the pitch of the roof in order to improve the quality of house and increase safety to the space. He noted that by changing the roof pitch this created the massing issue which he was not aware existed. Corwin noted there are many surrounding buildings in the Sunnyside area that are bigger in height with increased massing and expressed his house is consistent with the character of the neighborhood. Morgantown Board of Zoning Appeals Page 2 of 7 March 20, 2019 Minutes D-R-A-F-T Corwin stated the porch was dilapidated and therefore they renovated and enclosed part of the front porch to provide a kitchen space. He noted they built the porch based on a line of sight comparison with other porches surrounding the house but then determined with the City Engineer that a survey was necessary which later revealed the porch extended slightly on the right-of-way. Corwin stated they are willing to remove some of the structure out of the City right-of-way to a zero-foot setback pending variance approval. Case noted a site survey was completed after the meeting packets were distributed. Corwin confirmed. Corwin handed out additional information on the survey plat to further explain the setback and noted there will be a buffer of grass. Case asked for further explanation on the proposed materials. Corwin explained the hardi-siding would be more durable and only applied to the top and bottom of the house with the existing brick remaining in the middle. Whitmore referred to pictures in the Staff Report to provide further explanation. Benison noted that the height of the building is three stories and still below the 55 maximum height requirement. Case referred to the side setback and noted the wall of the house is not encroaching farther into the setback but rather the wall is longer. Corwin confirmed and stated the existing porch was already nonconforming but since they are enclosing the porch a variance is necessary. Benison referred to the survey and expressed the results should not impact the Boards deliberations. Whitmore explained the survey shows where the parcel boundaries are located. Case asked if there were any objections to combining the public hearing for V19-12, V19-13 and V19-14. There being none, Case asked if anyone would like to speak in favor of or in opposition to the variance petitions. Case referred to the letter received by Staff from Jim and Jaime Craig which expressed favor in the project and asked the letter be entered in to the record. There being no comments, Case declared the public hearing closed and asked for Staff recommendations, which were read by Whitmore. Case stated the Board should consider and discuss each case separately. Board members expressed favor in the proposed materials. Meehan made a motion to find in the affirmative for all of the Finding of Facts for V19-12 as revised by Staff seconded by Benison. 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: Cementitious fiberboard product widely used in building applications. This type of cladding, under several related variance approvals within the Sunnyside Overlay Districts, appears to have proven to be a higher performing material in this predominantly student housing neighborhood without adverse Morgantown Board of Zoning Appeals Page 3 of 7 March 20, 2019 Minutes D-R-A-F-T  impact to the public or the rights of adjoining property owners. Specifically, cementitious siding has proven effective against denting, splitting, vandalism, graffiti, fire, etc. compared to wood or vinyl products. 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 use of other “natural materials” such as stone or wood siding would not be compatible with aesthetic of this property. Use of brick does not appear practical as the existing brick is understood to be over 100 years old, have weathered/developed a patina and cannot be matched or duplicated. Cementitious cladding in charcoal gray color should result in an improved aesthetic and match other portions of the house. The special conditions of the exterior, along with the desire to use a higher performing cladding material in a predominantly student housing neighborhood, necessitate this variance and were not created by the owner. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Attempting to match the existing brick appears impractical and would detract from the building aesthetic. Other natural products would also be in contrast. The cementitious siding is a high-quality exterior finishing material which is wholly consistent with adjacent buildings. This variance will eliminate any contrast in façade through attempts to match existing material and is reasonable usage relative to adjacent structure construction. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Use of cementitious siding, slate gray, appears to be an attractive option for the building, is wholly compatible with surrounding architecture, and will match the other portion of the house. This variance supports the purpose and intent of zoning ordinances(s) that ensure attractive, high quality façade doing substantial justice to the neighborhood, community, and City. Cook moved to grant variance relief for Case No. V19-12 with Staff the recommended condition that cementitious material must be used and not vinyl material; seconded by Meehan. Motion carried unanimously. C. V19-13 / Wincor Properties, LLC / 263 Grant Avenue: Request by Don F. Corwin for variance relief from Section 1339.07 related to performance standards; Tax Map 20, Parcel 33; R-3, Multi-Family Residential. Meehan made a motion to find in the affirmative for all of the Finding of Facts for V19-13 as revised by Staff; seconded by Benison. 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: Remodeling of top floor bedrooms has resulted in additional “massing” due to addition of exterior walls and lower roof pitch. Performing this work has improved the quality, safety, and living condition of the property. Previous attic rooms were cramped with minimal window space. The replacement of the old, dilapidated roof and addition of knee walls plus new windows results in improved egress. Roof and wall insulation results in more comfortable space. Buildings on both sides, owned by Wincor Properties, do not appear to be significantly impacted as both are also 3 stories in height. Directly across Grant Avenue is WVU’s three-story townhouses, behind which is WVU’s a 12-story University Place building. Directly behind the 263 Grant Avenue building are two recently constructed properties including 146 and 152 3rd Street properties which were constructed in very similar massing of the top Morgantown Board of Zoning Appeals Page 4 of 7 March 20, 2019 Minutes D-R-A-F-T  floor. The work on the 263 Grant property improves the health, safety, welfare and is appears to be wholly consistent and compatible with other adjacent structures. 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 house is approximately 100 years old and has been a rental property for over 45 years. Attic bedrooms are undesirable due to low ceilings, cramped spaces, and poor quality/unsightly construction. The existing roof required replacement due to rotting wood and roofing materials. Installing a new roof, truss system, and insulation while systematically installing new exterior walls will preserve the house while improving the quality of the living space. Variance is sought due to constraints of remodeling and improving an existing structure. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The two-family dwelling is located in Sunnyside R-3 neighborhood where residents are predominantly WVU students. Improvement in quality and safety of rental space is necessary due to changing rental market and stricter safety standards. Replacement/remodeling of the attic bedrooms allows the house to be marketed to a wider, higher quality group of residents. Preserving the two-family dwelling while improving the space is reasonable and desirable in this neighborhood as the results are high quality, affordable housing for students. Eliminating the unnecessary hardship of renting a distressed and unsafe living space is effective and reasonable use of the existing land and building. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The remodeled two-family dwelling will result in preserving much of the character of the property, be a significant improvement to the neighborhood, result in improved quality and safety for residents, and is consistent with adjacent structures. The results appear to be aligned with purpose and intent of higher densities in the Sunnyside Overlay Districts and the end product appears to ensure substantial justice to the neighborhood, community, and City. Meehan moved to grant variance relief to permit the conversion of the half-story attic to a full third- story, which results in the massing of 263 Grant Avenue not substantially conforming to and being greater than the existing massing of 255 Grant Avenue without conditions for Case No. V19-13; seconded by Benison. Motion carried unanimously. D. V19-14 / Wincor Properties, LLC / 263 Grant Avenue: Request by Don F. Corwin for variance relief from Section 1339.04 related to setbacks; Tax Map 20, Parcel 33; R-3, Multi-Family Residential. Case noted the applicant is willing to remove part of the porch in order to back it up to a 0-foot front setback and there will still be a buffer area. Board members noted most houses in that area are non-conforming and expressed favor with having the buffer area. Whitmore suggested the Board not consider the buffer area when determining a decision for the setback variance, as the current use of the public right-of-way cannot be guaranteed in the future. Case asked if anything could be built on the public right-of-way in the future. Whitmore stated private improvements could be done to the land in the right-of-way with an abandonment process and noted the zoning district preference for a plaza space in the future. Morgantown Board of Zoning Appeals Page 5 of 7 March 20, 2019 Minutes D-R-A-F-T Case asked if any examples could be provided of surrounding non-conforming houses with extended porches. Whitmore referred to a 267 Grant Avenue and noted the porch extends to the right-of-way. Meehan noted a lot of properties would be affected if a street scape project were to occur in the future. Whitmore confirmed. Corwin noted the Grant Avenue sidewalks were previously extended at least 18 inches with the streetscape improvements. Case suggested considering surrounding non-conforming properties rather than the buffer area when making a decision. Whitmore referred to the Staff Report to show examples of surrounding non-conforming properties. Case asked if the newly constructed addition will be farther out than the previous porch. Corwin stated the new addition will be of a similar footprint as the previous porch, but larger. Cook asked for further explanation on the right-of-way. Whitmore provided further explanation and noted that a right-of-way is for public use of space and pedestrians are baring specific regulation, allowed to occupy the grass area. Benison expressed they would not be increasing the degree of nonconformity with granting the variance. Board members agreed. Meehan referred to Finding of Fact 4 and suggested including the zero-foot setback on Grant Avenue. Benison agreed and suggested to reference the condition as well. Case made a motion to find in the affirmative for all of the Finding of Facts for V19-14 as amended by the Board members; seconded by Benison. 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: Remodeling of the first floor included the addition of an adequate kitchen for the building. The unit previously had limited kitchen facilities located in the corner of the living room. Installation of a property equipped kitchen space of 80 sq ft will improve the quality of the property for residents. The health, safety, and welfare of the residents will be enhanced by this work. Rights of adjacent property owners will not be impacted. This work on the 263 Grant property improves the health, safety and welfare and is wholly consistent and compatible with other adjacent structures. 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 house is approximately 100 years old and has been a rental property for over 45 years. Limited space is available on the ground floor to accommodate a full kitchen. Expanding the kitchen into the front is necessary to improve the quality and living condition of residents. This addition will preserve a front porch area of 150 sq ft. Many structures on Grant avenue have completely enclosed porches. A 5ft strip of grass will continue to be maintained between the porch and sidewalk providing green space and landscape buffer. This variance is necessary due to the special property conditions and will make the best use of the available space which is limited due to the age and configuration of the property. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Morgantown Board of Zoning Appeals Page 6 of 7 March 20, 2019 Minutes D-R-A-F-T  The house is located in Sunnyside R-3 neighborhood which WVU Student Rental. Improvement in quality and safety of rental space is necessary due to changing rental market and the desire for upgraded living spaces. This request will permit effective use of existing space while preserving the appearance and quality of the structure. The conditions and configuration of the existing property make it unattractive as a rental unit. Addition of the kitchen is reasonable usage of limited existing space. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The addition of the kitchen and remodeled front porch will preserve much of the character of the property while providing quality, safe, and affordable housing. The porch remains, green space is preserved, and the final result will be wholly consistent with adjacent structures in the Sunnyside neighborhood. The results, including the zero foot setback on the Grant Avenue parcel boundary with the condition that no portion of the structure encroach into the public right-of-way, are fully aligned with purpose and intent of zoning ordinance(s) and the end product does substantial justice to the neighborhood, community and City. Case moved to grant variance relief from Sections 1361.03(M) [five-foot front setback encroachment] or 1339.04(A)(3) [extending the nonconforming side setback] for the partial enclosure of the front porch expansion relating to the interior kitchen improvement with the condition that any and all encroachments, including eaves and gutters, into the Grant Avenue public right-of-way must be removed. for Case No. V19-14; seconded by Meehan. Motion carried unanimously. Case reminded Mr. Corwin that the Board’s decisions 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: A. Whitmore stated they will be scheduling the remainder of the training workshop at some point in April and Staff would be in contact with the Board members on finalizing a date. B. Whitmore stated there is a conditional use application for Mundy’s scheduled for next month’s agenda and Staff would be scheduling a site visit. VI. ADJOURNMENT: 7:50 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Board of Zoning Appeals Page 7 of 7 March 20, 2019 Minutes D-R-A-F-T Intentional Blank Page  MORGANTOWN BOARD OF ZONING APPEALS April 17, 2019 6:30 p.m. City Council Chambers Board Members: STAFF REPORT Harrison Case, Chair Kevin Meehan, Vice-Chair CASE NO: CU19-02/ Julana Enterprises LLC / 669 Madigan Avenue Christopher Benison Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Messer’s Keith Summers and Mark Thalman, on behalf of Julana Enterprises, LLC, for conditional use approval of a “Restaurant, Private Club” at 669 Madigan Avenue. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax Map 40, Parcel 88; B-1, Neighborhood Business District SURROUNDING ZONING: North, East, and South: B-1, Neighborhood Business District West: R-1A, Single-Family Residential BACKGROUND and ANALYSIS: Representatives of Julana Enterprises LLC, owners of Mundy’s Place, a current “Restaurant, Private Wine” use, seek conditional use approval for a “Restaurant, Private Club.” Addendum A of this report illustrates the location of the subject establishment. The sale of liquor in the B-1 District requires conditional “Restaurant, Private Club” use approval by the Board. Addendum B of this report contains excerpts from Article 1331.06(27) of the Planning and Zoning Code pertaining to “Restaurant, Private Club” uses in the B-1 District. Bona Fide Restaurant Article 1331.06(27)(c) prohibits applicants from seeking conditional “Restaurant, Private Club” use approval in the B-1 District unless the establishment has been in operation for at least one (1) year as a bona fide restaurant. Per the conditional use application and the West Virginia Secretary of State’s business entity database, Julana Enterprises LLC has been doing business as Mundy’s Place since 14 NOV 2017, serving beer and wine along with food but not liquor. Staff research indicates that this establishment has been operational since 1949. Development Services As the establishment with current ownership has been operational as a restaurant for over one year, this provision appears to have been met. Christopher Fletcher, AICP Director Seating John Whitmore, AICP Planner III Section 1331.06(27)(f) requires “Restaurant, Private Club” uses in the B-1 District to provide seating capacity for at least 50 persons and that seats at a bar may not be 389 Spruce Street counted as meeting the minimum seating capacity. Staff observed on 25 MAR 2019 a Morgantown, WV 26505 total of 40 non-bar seats with the following seating configurations at Mundy’s Place: 304.284.7431 Page 1 of 3  MORGANTOWN BOARD OF ZONING APPEALS April 17, 2019 6:30 p.m. City Council Chambers Board Members: • 14 bar stool seats (not counted toward minimum seating requirement); Harrison Case, Chair • 1 high top table providing 2 seats; Kevin Meehan, Vice-Chair Christopher Benison • 6 tables providing 26 seats; Heidi Cook • 2 tables with booth seating providing 8 seats; and, Garrett Tomblin • 1 table with booth and chairs providing 4 seats. Staff observed a slightly raised stage/performance area that is also used to provide tables for at least 10 additional seats to meet patron demand. Should the Board grant approval as requested by the petitioner, Staff recommends a condition be included to address minimum table seating to ensure that the spirit and intent of the zoning ordinance is observed, and substantial justice done. Previously, the Board permitted an establishment seeking a “Restaurant, Private Club” use in the B-4 District to provide less than the minimum seating requirement. Specifically, Case No. CU14-11 / Tin 202 / 202 High Street was conditionally approved allowing for less than 50 seats based on physical constraints of the tenant space. Addendum C of this report provides information related to Case No. CU14-11. It should be noted that the petitioner has the duty to establish why the minimum seating requirement cannot be provided. Parking Per section 1365.04.01 Minimum Off-Street Parking Requirements, the current “Restaurant, Private Wine” use and proposed “Restaurant, Private Club” use share the minimum parking requirement, as shown below: The parcel is occupied by roughly 79% of the establishment’s building and there does not appear to be any feasible on-site parking development option availability. Patron parking is provided by a legal, pre-existing nonconforming off-premise parking lot on Parcel 86.1 of Tax Map 40 located across Mississippi Street from Mundy’s Place. Section 1365.03(D)(2) provides that for the change of use, off-street parking requirements are the number of additional off-street parking spaces required for the new Development Services use, minus the number of off-street parking spaces that should have been established to Christopher Fletcher, AICP meet the minimum off-street parking requirement. As both uses have the same Director minimum off-street parking requirement, the applicant is therefore not required to provide additional off-street parking requirements under the current site conditions for the John Whitmore, AICP Planner III proposed change in land use classification. 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 3  MORGANTOWN BOARD OF ZONING APPEALS April 17, 2019 6:30 p.m. City Council Chambers Board Members: Under the current Planning and Zoning Code provisions, the use may not expand unless Harrison Case, Chair additional parking spaces are provided in conformance with the related zoning Kevin Meehan, Vice-Chair regulations. Christopher Benison Heidi Cook STAFF RECOMMENDATION: Garrett Tomblin Addendum D of this report restates the petitioner’s “Findings of Fact” provided in the related conditional use application. No revisions are recommended by Staff. Staff recommends conditional “Restaurant, Private Club” use approval be granted under Case No. CU19-02 for Mundy’s Place as requested with the following conditions. 1. That the petitioner must maintain compliance with all supplemental regulations set forth in Section 1331.06(27) of the Planning and Zoning Code. 2. That the petitioner must maintain permitting from the Monongalia County Health Department as a “restaurant” under the Monongalia County Clean Indoor Air Regulations. 3. That, to sustain the establishment’s obligation to remain a bona fide restaurant, Mundy’s Place must be open no later than 11:00 a.m. at least (5) days a week for the purpose of serving lunch. 4. That Mundy’s Place maintain a seating capacity of at least 40 persons and that seats at a bar may not be counted as meeting the minimum seating capacity. 5. That the petitioner shall voluntarily submit all necessary financial information to the City for the subject establishment following its first twelve (12) months of operation as a “Restaurant, Private Club” use to ensure compliance with Article 1331.06 (27) (e) provisions, which requires the sale of food and non-alcoholic beverages to comprise a minimum of 60 percent of total gross sales of all food and drink items in each calendar month. 6. That the beneficiary of this conditional use approval is specific to Julana Enterprises LLC (DBA Mundy’s Place). Said beneficiary may not be transferred without prior approval of the Board of Zoning Appeals. Attachments: Application and exhibits Development Services Christopher Fletcher, AICP Director John Whitmore, AICP Planner III 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3  STAFF REPORT ADDENDUM A CU19-02 / Mundy’s / 669 Madigan Avenue Clipped from Google Maps Clipped from Google Maps Staff Report Addendum A Page 1 of 2 CU19-02  STAFF REPORT ADDENDUM A CU19-02 / Mundy’s / 669 Madigan Avenue Clipped from Google Maps Staff Report Addendum A Page 2 of 2 CU19-02  STAFF REPORT ADDENDUM B CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Article 1331.06 (27) of the Planning and Zoning Code, Supplemental Regulation Pertaining to Permitted Land Use Table provides the following applicable performance standards: (a) Such private club shall have as its principal purpose the business of serving meals on its premises to its patrons and to members of such club and their quests. For the purposes of this section, the term “meal” shall be consistent with that of the State of West Virginia as defined in its Legislative Rules and Regulations pertaining to Private Club License and shall not include packaged potato chips and similar products; packaged crackers; packaged nuts; packages desserts (fruit pies, cakes, cookies, etc.); and bar sausages and similar products. (b) Such private club with a bar shall post a sign not smaller than three (3) square feet in a prominent location near the bar that states the following: “It is a violation of City Ordinance to serve wine or liquor beverages after 1:00 a.m.” (Amended by Ord. 06-14, Passed 06-06-2006.) (c) No such applicant may be licensed as a private club under this conditional use that has not been in operation for at least one year as a bona fide restaurant before making application for a license under this conditional use. However, when an applicant owns another bona fide restaurant the same as the one being proposed, the Board of Zoning Appeals may consider the proposed restaurant application on the basis of the existing restaurant which has been in operation for at least one year. In the B-4 district the Board of Zoning Appeals may waive the requirement, to be in business for one year as a bona fide restaurant, when the applicant’s written description of the business operations, plus floor plans, demonstrate clearly that the establishment will meet the criteria in this subsection. (d) NOT APPLICABLE (e) Food and non-alcoholic beverages shall comprise a minimum of 60 percent of total gross sales of all food and drink items in each calendar month. (f) Such private club shall provide a seating capacity for at least fifty (50) persons, at a table or counter maintained for the principal purpose of serving meals. Seats at a bar, which is primarily for the serving of alcoholic beverages, shall not be counted as meeting the minimum seating capacity of the establishment. Liquor or wine may be served either at seats intended primarily for dining, or at any bar area within the restaurant, with or without an accompanying meal. (g) Liquor or wine shall not be served later than 1:00 a.m., except on New Year's Eve. (h) The private club shall, at the time of each sale or at the time of payment, record the amount of revenue derived from the sale of liquor and wine beverages separately from the amount of revenue derived from the sale of food and non-alcoholic beverages. (i) During each calendar month, the private club shall maintain and preserve accurate and adequate records including those required by paragraphs (e) and (h) above, to prove compliance to the City's Finance Director, and shall make all such records available for review and audit promptly upon request by the Finance Director. The records for each month shall be preserved for not less than twenty-four (24) months next following. (j) Quarterly, the private club shall send to the City Finance Director summaries showing the amount of revenue derived from liquor and wine beverages versus the amount derived from the sale of food and non-alcoholic beverages. (k) NOT APPLICABLE Staff Report Addendum B Page 1 of 1 CU19-02  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Table of Contents CU14-11 Staff Report Page 2 of 23 CU14-11 Staff Report Addendum A Page 5 of 23 CU14-11 Staff Report Addendum B Page 7 of 23 CU14-11 Staff Report Addendum C Page 8 of 23 CU14-11 Application Page 10 of 23 CU14-11 Additional Material Page 15 of 23 November 19, 2014 Page 19 of 23 Board of Zoning Appeals Minutes CU14-11 Approval letter Page 21 of 23 Page 1 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 2 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 3 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 4 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 5 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 6 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 7 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 8 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 9 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 10 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 11 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 12 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 13 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 14 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 15 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 16 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 17 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 18 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 19 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 20 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 21 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 22 of 23  STAFF REPORT ADDENDUM C CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue Page 23 of 23  STAFF REPORT ADDENDUM D CU19-02 / Julana Enterprises, LLC / 669 Madigan Avenue The following restates the petitioner’s Findings of Fact response. No revisions are suggested by Staff. Finding of Fact No. 1 – Congestion in the streets is not increased, in that: Off street parking is provided; furthermore the business has been in operation for several years and has operated at occupancy capacity on several occasion with no negative effects. As a neighborhood pub located in a mainly residential area many patrons arrive on foot by utilizing public sidewalks. Finding of Fact No. 2 – Safety from fire, panic, and other danger is not jeopardized, in that: This building meets or exceeds all current local and state required safety standards and has the approval of the local and state fire marshals. Finding of Fact No. 3 – Provision of adequate light and air is not disturbed, in that: The existing building does not change any light or air flow patterns and no modifications are being requested. Finding of Fact No. 4 – Overcrowding of land does not result, in that: The existing building has occupied the plat of land prior to 1949 and no further modifications are being requested. Finding of Fact No. 5 – Undue congestion of population is not created, in that: The majority of the occupants or patrons live within the neighborhood known as First Ward therefore further population congestion is not a factor. 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 current business, although under different ownership has operated at this location since 1949 as the existing neighborhood developed around it. In no way should any of the items listed above be negatively impacted or caused to become inadequate. Finding of Fact No. 7 – Value of buildings will be conserved, in that: The existing building was constructed using construction methods of the 1940’s and no request to devalue or modify the existing structure is being requested. Finding of Fact No. 8 – The most appropriate use of land is encouraged, in that: The existing use of the land as a neighborhood restaurant/pub is the most appropriate use of the land and has been since 1949. Further, the current use adds for a vibrant, neighborly environment that many residents in the area frequently patronize. Staff Report Addendum D Page 1 of 1 CU19-02  Field Notes Purpose: Restaurant, Private Club in B-1 District N/A (indoors) 60 degrees Fahrenheit Date: 4/09/2019 Time: 5:45 PM-6:30 PM Weather: outside General: Mundy’s Place / 669 Madigan Avenue Staff (John Whitmore) arrived at 5:45 PM Messer’s Benison, Tomblin, and Meehan were in attendance. Mr. Case and Ms. Cook were absent. Notes: Mr. Keith Summers, showed the property to Board of Zoning Appeals members who were present. Mr. Summers indicated that Mr. Case had stopped in the week prior. A tour of an older bar/ used basement space was provided and serving area on the ground floor. It was explained that the basement space had previously been occupied as Tavern space, with bar stool seating and top still present. In addition, cooler facilities were present in the previous serving space, as shown in the image to the right. According to plans submitted, and observational data, the space provides capacity for up to fifty (50) persons, minus additional bar stool seating. There is a stage on site that is indicated to be utilized as seating when necessary. The current management team has been operating Mundy’s Place since November of 2017, with food purchase receipts indicating upwards of $6,000 monthly food purchase orders. Mr. Summers indicated that he was aware of the 60-percent non-alcoholic beverage and food sales revenue requirement, and that current beer and wine sales did were below 30-percent of current revenue ($3,500.00 +/- beer and wine revenue compared to $12,000 +/- food and non-alcoholic beverage revenue). Page 1 of 1 4/10/2019 WV Secretary of State Business Entity Search Business Entity Details Main Name: JULANA ENTERPRISES LLC. Organization Number: 372819 Type: LLC Sec Type: City: MORGANTOWN Class: P Ch Type: D Eff Date: 11/14/2017 Fil Date: 11/14/2017 Term Date: Term Reason: AW/Term: A CH County: Monongalia Ch State: WV Bus Purp: 7224 Ex Acres: Term Yrs: Auth Shrs: Cap Stck: Status: Active Par Val: MGMT: MBR Addresses Principal Office Name: Addr1: 1402 Addr2: City: State: Zip: Address: BRADFORD LANE MORGANTOWN WV 26508 Designated Office Name: Addr1: 1402 Addr2: City: State: Zip: Address: BRADFORD LANE MORGANTOWN WV 26508 Notice of Process Name: MARK Addr1: 110 JEWEL Addr2: City: State: Zip: Address: THALMAN DRIVE MORGANTOWN WV 26508 Mailing Address: Name: Addr1: 1402 Addr2: City: State: Zip: BRADFORD LANE MORGANTOWN WV 26508 Officers Organizer: Name: KEITH Addr1: 1402 BRADFORD Addr2: City: State: Zip: SUMMERS LANE MORGANTOWN WV 26508 Organizer: Name: MARK Addr1: 110 JEWEL DRIVE Addr2: City: State: Zip: THALMAN MORGANTOWN WV 26508 Member: Name: MARK Addr1: 110 JEWEL DRIVE Addr2: City: State: Zip: THALMAN MORGANTOWN WV 26508 Member: Name: KEITH Addr1: 1402 BRADFORD Addr2: City: State: Zip: SUMMERS LANE MORGANTOWN WV 26508 DBAs https://apps.wv.gov/SOS/BusinessEntitySearch/Details.aspx?Id=3gejI7THlYxtLZNhH1W2sQ==&Search=A4XxrvfigkHhhmn1kMBgCQ==&Page=0 1/3 4/10/2019 WV Secretary of State Business Entity Search Eff Date DBA Type DBA Name Term Date 11/14/2017 TN MUNDY'S PLACE Names No Records Found. Mergers No Records Found. Subsidiaries No Records Found. Amendments No Records Found. Dissolutions No Records Found. Annual Reports Filing For Date Filed 2019 2/28/2019 2018 6/4/2018 With this information, you can... Purchase Certificate of Existence If you would like to purchase a Certificate of Existence for this business entity, select the button to the left to add the certificate to your shopping cart. You will be assessed a $10.00 fee for each certificate. Click the Shopping Cart link in the upper right corner to complete your order. https://apps.wv.gov/SOS/BusinessEntitySearch/Details.aspx?Id=3gejI7THlYxtLZNhH1W2sQ==&Search=A4XxrvfigkHhhmn1kMBgCQ==&Page=0 2/3