Board of Zoning Appeals

Morgantown Board of Zoning Appeals MEETING PACKET Wednesday, November 20, 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, Senior Planner BZA Meeting Packet Page 1 of 16 11/20/2019  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 BZA Meeting Packet Page 2 of 16 11/20/2019  ‒ 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 BZA Meeting Packet Page 3 of 16 11/20/2019  MORGANTOWN BOARD OF ZONING APPEALS November 20, 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 September 18, 2019 hearing – POSTPONED B. Minutes for the October 16, 2019 hearing – POSTPONED C. Approval of the 2020 Board of Zoning Appeals Hearing Calendar III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V19-39 / Montani Mental Health / 1137 Van Voorhis Road: Request by Crystal Miller of City Neon, on behalf of Montani Mental Health, for variance relief from Article 1369 concerning signage at 1137 Van Voorhis Road; Seventh Ward Tax District, Tax Map 6, Parcels 41 and 42; partly in B-1, If you need an Neighborhood Business District and partly in PRO, Professional, accommodation, Residential, and Office District. please contact us at 304-284-7431. V. ANNOUNCEMENTS VI. ADJOURNMENT Development Services Christopher Fletcher, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 BZA Meeting Packet Page 4 of 16 11/20/2019  Intentional Blank Page BZA Meeting Packet Page 5 of 16 11/20/2019  DRAFT City of Morgantown 2020 Calendar - Planning and Zoning Hearings Planning Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hearing 9-Jan 13-Feb 12-Mar 9-Apr 14-May 11-Jun 9-Jul 13-Aug 10-Sep 8-Oct 12-Nov 10-Dec Date Application 6-Dec 3-Jan 7-Feb 6-Mar 3-Apr 1-May 5-Jun 2-Jul 7-Aug 4-Sep 2-Oct 6-Nov Deadline Minor Subdivision 20-Dec 27-Jan 24-Feb 23-Mar 20-Apr 22-May 22-Jun 20-Jul 24-Aug 21-Sep 26-Oct 23-Nov Deadline Board of Zoning Appeals Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hearing 15-Jan 19-Feb 18-Mar 15-Apr 20-May 17-Jun 15-Jul 19-Aug 16-Sep 21-Oct 18-Nov 16-Dec Date Application 6-Dec 3-Jan 7-Feb 6-Mar 3-Apr 1-May 5-Jun 2-Jul 7-Aug 4-Sep 2-Oct 6-Nov Deadline Development Services Department Planning Division 389 Spruce Street Morgantown, WV 26505 304-284-7431 http://www.morgantownwv.gov/ BZA Meeting Packet Page 6 of 16 11/20/2019  Intentional Blank Page BZA Meeting Packet Page 7 of 16 11/20/2019  MORGANTOWN BOARD OF ZONING APPEALS November 20, 2019 6:30 p.m. City Council Chambers Board Members: STAFF REPORT Harrison Case, Chair Kevin Meehan, Vice-Chair CASE NO: V19-39 / Montani Mental Health / 1137 Van Voorhis Road Christopher Benison Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of Montani Mental Health, for variance relief from Article 1369 concerning signage at 1137 Van Voorhis Road. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Seventh Ward Tax District, Tax Map 6, Parcels 41 and 42; partly in the PRO, Professional, Residential, and Office District and partly in the B-1, Neighborhood Business District. SURROUNDING ZONING: North and South: B-1 District and PRO District East: B-1 District West: R-1, Single-Family Residential District BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 1137 Van Voorhis Road, Suite 44, requiring variance relief from Article 1369 of the Planning and Zoning Code. Addendum A of this report illustrates the location of the subject site. Section 1369.07(I) provides a maximum wall sign area standard of 0.4 square feet for every one foot of tenant building frontage in B-1 District. The linear width of the tenant’s frontage is approximately 30 feet, which establishes a maximum wall sign area standard of 12 square feet. The petitioner proposed sign is 21 square feet requiring variance relief of 9 square feet, which is further illustrated in the table below. Wall Signs Sign Area Development Services Christopher Fletcher, AICP 21 sf Director John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Total Permitted Sign Standards 12 sf Morgantown, WV 26505 304.284.7431 Total Requested Variance 9 sf Page 1 of 2 BZA Meeting Packet Page 8 of 16 11/20/2019  MORGANTOWN BOARD OF ZONING APPEALS November 20, 2019 6:30 p.m. City Council Chambers Board Members: In addition to the area variance, Section 1369.08(B) provides additional design standards Harrison Case, Chair for signs located in the B-1 District. The petitioner seeks to install a sign that will include Kevin Meehan, Vice-Chair a translucent plastic sign face to allow for internal illumination. As such, the sign will require variance from all B-1 District lighting and design standards set forth in Section Christopher Benison 1369.08(B) as shown as illustrated in the following graphic. Heidi Cook Garrett Tomblin It should be noted that the Parcel 43.1 is split zoned, with both B-1 and PRO zoning districts. However, the tenant’s building and associated leased space is located entirely in the B-1, Neighborhood Business District. STAFF RECOMMENDATION: It is the duty of the Board of Zoning Appeals to determine whether the proposed request meets the standard criteria for a variance by reaching a positive determination for each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the petitioner’s “Findings of Fact” and determines the proposed request does not meet the standard criteria for a variance, then the Board must state findings of fact and conclusions of law on which it bases its decision to deny the subject variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)]. Addendum B of this report provides staff revisions to the petitioners Findings of Fact responses. Staff recommended revisions should not be considered or construed as supporting or opposing the merits of the petitioner’s responses or the subject variance petition. As is customary with sign variance petitions, no recommendation is submitted by Staff concerning whether variance relief should be granted as requested. Development Services Christopher Fletcher, AICP Director Attachments: Application and accompanying materials John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 BZA Meeting Packet Page 9 of 16 11/20/2019  STAFF REPORT ADDENDUM A V19-39 / Montani Mental Health / 1137 Van Voorhis Road Clipped from Google Maps Clipped from Google Maps Staff Report Addendum A Page 1 of 1 V19-39 BZA Meeting Packet Page 10 of 16 11/20/2019  STAFF REPORT ADDENDUM B V19-39 / Montani Mental Health / 1137 Van Voorhis Road The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). Staff recommended revisions should not be considered or construed as supporting or opposing the merits of the petitioner’s responses or the subject variance petition. 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 similar in nature to other signs that are currently installed on the sign board of this building for the other tenants. The building front faces away from the bordering residential district so as not to impose upon their rights, 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 building is part of a plaza that makes an L shape around other businesses/properties. This building directly faces Van Voorhis Road with a setback estimated at 330’. Visibility from the street is made difficult by the parking lot and its entrance along this very busy street and nearby intersection of Van Voorhis Road / Burroughs Street / Chestnut Ridge Road (705). An increase in signage area as well as the ability to illuminate in dark evening hours will help identify their space within the complex and building. This plaza is zoned as B-1 but is bookended by properties that are zoned as B-2, allowing nearby business with the ability to utilize the materials/illumination we are the applicant is requesting. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The client tenant will be able to effectively identify/advertise the business along a very busy street despite the large setback. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The client tenant will have a sign that effectively identifies the business and is similar to other signs on this building, in this plaza, and surrounding properties along the same commercial and highly traveled corridor. Staff Report Addendum B Page 1 of 1 V19-39 BZA Meeting Packet Page 11 of 16 11/20/2019 BZA Meeting Packet Page 12 of 16 11/20/2019 BZA Meeting Packet Page 13 of 16 11/20/2019 BZA Meeting Packet Page 14 of 16 11/20/2019 BZA Meeting Packet Page 15 of 16 11/20/2019  84 in 36 in V19-39 BZA Meeting Packet Page 16 of 16 11/20/2019