Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES 6:45 p.m. September 18, 2019 Council Chambers MEMBERS PRESENT: Chris Benison, Heidi Cook, and Garrett Tomblin MEMBERS ABSENT: Harrison Case, Kevin Meehan STAFF: John Whitmore, AICP I. In the absence of the Chair and Vice-Chair, Whitmore opened the meeting so that a Chair could be nominated in accordance with the Board’s By-laws. Tomblin made a motion to nominate Benison to Chair the meeting; seconded by Cook. Motion carried unanimously. II. CALL TO ORDER AND ROLL CALL: Benison called the meeting to order and read the standard explanation of the how the Board conducts business and rules for public comments. III. MATTERS OF BUSINESS: A. Minutes for the August 21, 2019 hearing. No corrections were noted and the minutes were approved as presented by acclimation. IV. NEW BUSINESS: A. V19-33 / U.S. Cellular / 1451 Earl L. Core Road: Request by Crystal Miller of City Neon, Inc., on behalf of U.S. Cellular, for variance relief from Article 1369 concerning signage; Sixth Ward Tax District, Tax Map 31, Parcels 100, 101.1 and 106; B-5, Shopping Center District. Whitmore presented the Staff Report for V19-33. Benison recognized Crystal Miller of City Neon. Miller provided explanation of the existing signage and the nature of the changes proposed to the existing ground sign. Benison questioned the difference in height in relationship to the surrounding area. Whitmore explained the previous Aldi application resulted in having a 21-foot tall sign. There being no further questions or comments by the Board, Benison asked if anyone was present to speak in favor of or in opposition to the petitions. There being none, Benison declared the public hearing closed. Whitmore read the staff recommendation and conditions. Benison asked about functional method of turning the sign off in accordance with staff conditions. Tomblin asked about the changes to the electronic scrolling message sign. Morgantown Board of Zoning Appeals Page 1 of 6 September 18, 2019 Minutes Cook made a motion to find in the affirmative for all of the Finding of Facts for V19-33 as presented; seconded by Tomblin. 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 client wishes to offer signage to all tenant of the building. We are requesting to make improvements and additions to the sign and bring it into a style similar to those in the surrounding area and eliminate the single pole style that is no longer allowed in Morgantown. The property has had this sign with no ill effects to the health, safety, or welfare, or rights of those in the area for many years. 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: This property faces a heavily traveled corridor that is has many larger than code plaza and business signs. The client would like all this building’s tenants to advertise on a Plaza style sign. The existing sign advertises for only one tenant of the building and the one pole pylon is non-conforming. In an effort to minimize the cost of removal of the existing sign, and manufacturing of a new sign that would meet requirements of the code, we have proposed a plan to redesign the existing sign that moves towards a more conforming aesthetic. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: All tenants will be able to advertise on a plaza sign along a very busy roadway. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The building’s tenants will be able to advertise on a plaza sign that is similar to other signs in the area and remain competitive in a modern market. Cook moved to approve Case No. V19-33, a 66.9 square foot sign area variance and a 11.83- foot-tall height variance for post and panel signage, with the following conditions: 1. That the digital display shall be static or stationary and may not contain any visible moving parts, alternating or moving messages or have the appearance of having moving parts or messages. Provided, the digital display shall remain fixed for at least ten (10) seconds; must accomplish the change between messages within an interval of two (2) seconds or less; and, must contain a default mechanism or setting that will cause the digital display to turn off or show a “full black” image if a visible malfunction or failure occurs. 2. That the digital display may not appear to flash, undulate, pulse, move, scroll, or portray explosions, fireworks, flashes of light, or blinking lights or otherwise appears to move toward or away from the view, expand or contract, bounce, rotate, spine, twist, or make other comparable movements. Morgantown Board of Zoning Appeals Page 2 of 6 September 18, 2019 Minutes  3. That, to ensure brightness levels are acceptable, the digital display shall observe related provisions provided in Section 1359.03(b)(2) and (3), which are provided below. 4. That the digital display shall be turned off or display a “full black” image when the establishment closes each day and shall remain so until no earlier than when the business opens the following day. 5. That the digital display shall be limited to commercial copy of tenants within the multi- tenant building within which the U.S. Cellular establishment is located thereby ensuring the prohibition of advertisement for off-premise businesses or services provided in Section 1369.08(L)(4) is observed. 6. That the U.S. Cellular establishment owner shall maintain a secure electronic communication network that controls the display and display changes. Motion was seconded by Tomblin. Motion carried unanimously. Benison reminded Miller 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. V19-34 / Key Learning Autism Center / 208 Putnam Street: Request by Jason Miller of Omni Associates Architects, for variance relief from Article 1345.07 concerning fenestration ratio; Sixth Ward Tax District, Tax Map 24, Parcel 118; B-1, Neighborhood Business District. Whitmore presented the Staff Report for V19-34. Benison recognized Jason Miller of Omni Associates who provided further explanation of the structure and use. Miller established that the fenestration ratio required per the Planning and Zoning Code could not be met due to the grad surrounding the building. Morgantown Board of Zoning Appeals Page 3 of 6 September 18, 2019 Minutes There being no questions or comments by the Board, Benison asked if anyone was present to speak in favor of or in opposition to the petitions. Whitmore noted that staff received am email from Monica Andis, which he read into the record. There being no additional public comments, Benison declared the public hearing closed. Whitmore provided information related to how staff established the “Clinic, Medical” use. Cook made a motion to find in the affirmative for all of the Finding of Facts for V19-34 as presented; seconded by Tomblin. Motion was withdrawn by Cook and seconded by Tomblin for procedural methods to establish the staff recommendation. Cook made a motion to find in the affirmative for all of the Finding of Facts for V19-34 as presented; seconded by Tomblin. 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 nature of the variance requested does not in any way adversely affect the public health, safety or welfare, or the rights of adjacent property owners. This variance is focused on reducing the fenestration of the Putnam Street elevation that will be mostly below grade. The remaining Putnam Street building elevation (upper level) does have appropriate glazing and is contextual to the area. 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: What is considered the ground level on Richwood Avenue becomes subterranean on the Putnam Street side. This is due to the site topography. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Due to the site constraints and zoning the building is being placed appropriately. In order for the property owner to utilize this property and not be effected (unnecessary hardship) the variance for the Putnam Street building elevation is needed. Alternative design shave been looked at and each one poses the same response to this issue. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: All other requirements are being fulfilled per the zoning ordinance. The site topography is the main constraint being addressed in the building design. The building must be two stories and due to the necessary grading to achieve this the Putnam Street elevation will need the requested variance providing substantial justice for the property owner. Tomblin moved to grant the variance without conditions; seconded by Cook. Motion carried unanimously. Benison reminded Miller 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. Morgantown Board of Zoning Appeals Page 4 of 6 September 18, 2019 Minutes  C. V19-35 / WVU Employees Federal Credit Union / 448 Harding Avenue: Request by Crystal Miller of City Neon, Inc., on behalf of WVU Employees Federal Credit Union, for variance relief from Article 1369 concerning signage; Seventh Ward Tax District, Tax Map 11, Parcels 148 and 149; R-3, Multi-Family Residential District. Whitmore presented the Staff Report. Benison recognized Crystal Miller of City Neon. Miller identified improvements made to property and neighborhood and the quasi-relationship with West Virginia University. Benison asked about materials being permitted. Initially Whitmore indicated that the materials would not require variance. Cook sought clarification on the area variance being requested. Whitmore provided information related to residential signage and the ability for West Virginia University to avoid zoning requirements per governmental activities. There being no further questions or comments by the Board, Benison asked if anyone was present to speak in favor of or in opposition to the petitions. There being no comment, Benison declared the public hearing closed. Whitmore provided revised analysis as it was determined that the sign material would also require a variance, not initially established Whitmore provided the staff recommendation Tomblin made a motion to find in the affirmative for Finding of Fact Nos. 1, 3, and 4 for V19-35 as presented below; 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 proposed signage utilizes the same materials as the existing signage but with a different layout. The existing signage has had no ill affects to the residents or other businesses in the area. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The financial institution can further promote its ties to WVU with the newly designed signage. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The residents and other properties will be unaffected by the signage change and the financial institution can advertise to existing and potential customers effectively. Cook made a motion to approve a modified Finding of Fact No. 2 response; seconded by Tomblin. Motion carried unanimously. Morgantown Board of Zoning Appeals Page 5 of 6 September 18, 2019 Minutes NOTE: The following finding was included in the motion. 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 financial institution services WVU employees and has gained access to the licensing rights of the Flying WVU logo. WVU licensing was asked to approve several design options and this was the one chosen. The addition of the logo creates negative space in the signage area computation. The restrictive R-3 zone limits the signage to 0.15sq ft per linear ft of building frontage for businesses. This particular property and institution is a part of the WVU informally so it does not receive the benefits of land usage that WVU is entitled to on a City level. The project signage will be in compliance with materials instituted for non-residential districts. Benison, Cook, and Tomblin discussed the WV logo and the conditions imposed upon the use as a result of being associated with the university, but not enjoying the same status as the university. Tomblin moved to approve Case No. V19-35 granting variances for the signage as requested. The motion was seconded by Cook and carried unanimously. Benison reminded Miller 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: Whitmore informed the Board of a Development Services personnel change. ADJOURNMENT: 7:32 p.m. MINUTES APPROVED: December 12, 2019 BOARD SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Board of Zoning Appeals Page 6 of 6 September 18, 2019 Minutes