Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES 6:30 p.m. July 15, 2020 Virtual/Electronic Meeting MEMBERS PRESENT: Harrison Case, Chris Benison, Garrett Tomblin, Heidi Cook and Kevin Meehan MEMBERS ABSENT: None STAFF: John Whitmore, City of Morgantown I. CALL TO ORDER AND ROLL CALL: Mr. Case read the explanation of how the Board remotely conducts business and rules for public comments. There were no speakers signed up for public comment. II. MATTERS OF BUSINESS: Minutes from April 15, 2020 and May 20, 2020 were unanimously approved. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. CU20-03 / Rappmundt 817 Willowdale Road: Request by Brian Rappmundt for approval of a conditional accessory “Class 2 Home Occupation” use; Fourth Ward Tax District, Tax Map 12, Parcel 10; R-1A, Single-Family Residential District. Whitmore presented the Staff Report and noted the petitioner is online via speakerphone. Speakerphone was not working very well; the applicant accessed the meeting via a direct telephone call into the meeting. Brian Rappmundt, 817 Willowdale Road, Morgantown, WV 26505. Mr. Rappmundt stated that he is a disabled veteran and has a business doing firearms repair, maintenance, and customization. This business requires a license with the ATF. Rappmundt stated that he held this license at his previous address, but needs a new one specific to new address. ATF tells him this should be issued within ten days after the Conditional Use is approved. Case asked for information on security. Rappmundt explained that every firearm that comes into his shop goes into a commercial grade safe. He also stated that his business is by appointment only. Would not have more than five customers at any one time. There will be no storefront. Rappmundt stated that the home has a security system installed. Meehan asked about the neighbors and if he had any feedback from them. Rappmundt stated he has spoken to all the neighbors and they are fully supportive. Morgantown Board of Zoning Appeals Page 1 of 3 July 15, 2020 Minutes  Benison asked if credentials of customers were verified regarding licensing and gun ownership. Rappmundt said that if it is a new gun transfer, a background check is required. Depending on the result of the background check they, receive the gun. Rappmundt stated that if someone comes in with their own gun, he is required to record the serial number in a logbook and then check out when returned. He reminded that his business is by appointment only, and mostly acquaintances. Rappmundt stated that the ATF will do random in person audits on his books and any weapons in his possession. Cook thanked Rappmundt for giving so much information and having bases covered and inquired about the process of testing a repaired firearm. Rappmundt stated he has property available out of town to set up targets to test fire any firearms or site them in. Case opened the public hearing. Confirming there were no members of the public online, the public hearing was closed. Whitmore provided the Staff Recommendation in favor of the petition with the following conditions: 1. That, to the greatest extent practicable, appointments shall not overlap to ensure adequate on-site parking and mitigate parking and traffic congestion. 2. That vehicles visiting the petitioner’s residents shall not park in such a manner that encroaches into the public right-of-way obstructing the sidewalk or travel lane along Willowdale Road. 3. That adherence with and monitoring of Conditions 1 and 2 above shall rely upon the review, suspension, and revocation provisions provided in Section 1331.06(2)(d)(i) of the Planning and Zoning Code. 4. That the conditional use approval granted herein is specific to the petitioner and may not be transferred without prior approval by the Board of Zoning Appeals. 5. If the petitioner, as the sole beneficiary of this conditional use approval, wishes to make changes in the conduct of the business that departs from the description in the application or from any conditions or restrictions imposed by the Board of Zoning Appeals, the holder must obtain prior approval of the Board. Changes include, but are not limited to, days and/or hours of operation, number of clients seen per day, etc. Benison asked for clarification on Condition #3. Whitmore explained that basically if someone would complain, it would be investigated. Cook moved to accept the findings of fact, seconded by Benison. The motion passed unanimously. Cook moved to grant the Conditional Use petition with conditions as stated in the packet. Vote was unanimous. Case let the petitioner know that his Conditional Use was granted. Staff will be sending information within the next couple days. Morgantown Board of Zoning Appeals Page 2 of 3 July 15, 2020 Minutes ANNOUNCEMENTS: Mr. Case reminded the Board of an email from the City Clerk regarding training on July 20 at 3:30 p.m. for anyone on a City Board or Commission. ADJOURNMENT: 7:16 p.m. MINUTES APPROVED: August 19, 2020 BOARD SECRETARY: _____________________________ John Whitmore, AICP Morgantown Board of Zoning Appeals Page 3 of 3 July 15, 2020 Minutes