Board of Zoning Appeals

Morgantown Board of Zoning Appeals MEETING PACKET Wednesday, October 21, 2020 6:30 p.m. By Electronic Means 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 Remote Meeting Announcement Confirming Member Access: As a preliminary matter, this is Morgantown Board of Zoning Appeals Chair Harrison Case. Permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. • Members, when I call your name, please respond in the affirmative. State each members’ name. - Board Vice-Chair Kevin Meehan - Board Member Chris Benison - Board Member Heidi Cook - Board Member Garrett Tomblin • Staff, when I call your name, please respond in the affirmative. State each staff members’ name. - John Whitmore, Senior Planner Introduction to Remote Meeting: Good Evening. This meeting of the Morgantown Board of Zoning Appeals is being conducted remotely consistent with the West Virginia Open Governmental Proceedings Act and the guidance of the West Virginia Ethics Commission due to the current State of Emergency given the outbreak of the novel coronavirus. In order to mitigate the transmission of the virus and reduce risk of COVID-19 illness, we have been advised and directed to suspend public gatherings. In keeping with that direction, and the authority provided by the Open Governmental Proceedings Act and the Ethics Commission guidance allowing the conduct of public meetings by electronic means so long as the public is able to observe the meeting, this meeting is being conducted by remote electronic participation and in-person attendance by the public is not permitted. Board of Zoning Appeals Page 1 of 5  BZA Remote Meeting Announcement Public meetings do not always require the opportunity for the public to participate by offering public comments, but this meeting will include public comment portions for each of the cases listing on this evening’s agenda. Members of the public will be permitted to comment during these portions by submitting comments in writing or by speaking during their designated time, if they have signed up to do so prior to the start of the meeting. Even if members of the public do not provide comment, participants are advised that people may be listening who do not provide comment, and those persons are not required to identify themselves. For this meeting, the Board of Zoning Appeals is convening by Cisco Webex video and telephone conference as posted on the City’s Website identifying how the public may join. Please note that this meeting is being recorded, and that some attendees are participating by video conference. Accordingly, please be aware that other people may be able to see you and your video feed, and that you take care not to “screen share” your computer. Anything that you broadcast may be captured by the recording. All supporting materials that have been provided members of this body are available on the City’s website with the Board of Zoning Appeals meeting packet unless otherwise noted. The public is encouraged to follow along using the posted agenda. Board of Zoning Appeals Page 2 of 5  BZA Remote Meeting Announcement Meeting Business Ground Rules Before we turn to the first item on the agenda, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. • Please remember to mute your phone or computer when you are not speaking. • Please remember to wait to be recognized by the Chair before speaking and to speak clearly and in a way that helps generate accurate minutes. • For any response, please wait until the Chair yields the floor to you and state your name before speaking. • If Board Members wish to engage in colloquy with other members, please do so through the Chair, taking care to identify yourself. 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. Board of Zoning Appeals Page 3 of 5  BZA Remote Meeting Announcement • I will then open a public hearing to hear testimony in support of, or in opposition to, the request. The meeting Chair will proceed with public testimony as follows: - The Chair will first read, or have read, all written comments submitted, and will then review the list of public commenters who have signed up by the meeting start time. - Once the Chair has a list of all public commentators, I will call on each by name. 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. Public speakers must state their name and address for the record. - 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. - 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. - 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. Board of Zoning Appeals Page 4 of 5  BZA Remote Meeting Announcement • 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. • Finally, because this public meeting is being conducted by remote electronic participation and to ensure accurate meeting minutes each vote taken during this meeting will be conducted by roll call vote. • 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. Board of Zoning Appeals Page 5 of 5 Intentional Blank Page Intentional Blank Page  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board of Zoning Appeals City buildings remain closed to the public to protect public health during the Harrison Case, Chair COVID-19 pandemic. Personal attendance at the meeting will not be permitted. Kevin Meehan, Vice-Chair The public may participate in the public portion using the following Cisco Webex videoconference access options: Chris Benison Heidi Cook Web link: https://cityofmorgantown.my.webex.com/meet/cityofmorgantown Garrett Tomblin Meeting Number: 793 734 477 Phone: 408-418-9388 Access Code: 793 734 477 All members of the public may view the meeting on Channel 15 and by streaming hosted on the City’s website at www.morgantownwv.gov. If you do not wish to speak at the meeting, please view it by these methods to conserve capacity on the videoconference. Any person who wishes to speak at the meeting may complete the form at: http://morgantownwv.gov/FormCenter/Public-Comment-Sign-Up-Sheet- 14/Public-Comment-Morgantown-Board-of-Zonin-104 or provide their name, phone number they will use to participate, and the specific Case Number listed on the BZA’s agenda on which they would like to speak by texting 304-906-7843 If you need an or calling 304-685-7813. You may sign up to speak at any time until the meeting accommodation, begins. Additionally, the public may submit written comments for the public please contact us at hearing portions of the meeting by sending written comments via email to the 304-284-7431. Development Services Department at bmcdonald@morgantownwv.gov. In the email, please use the subject line "Public Comment BZA 10/21/2020" and indicate in the body of the email the specific Case Number you wish to address and if you would like your comment to be read aloud during the public hearing portion for that case. AGENDA I. CALL TO ORDER AND ROLL CALL II. MATTERS OF BUSINESS: A. Minutes for the August 19, 2020 hearing. Development Services John Whitmore, AICP III. UNFINISHED BUSINESS: None. Interim Director IV. NEW BUSINESS: 389 Spruce Street Morgantown, WV 26505 A. V20-15 / Suncrest Corporate Center, LLC / 430 Drummond Street: 304.284.7431 Request by Crystal Miller of City Neon, on behalf of Suncrest Corporate Center, LLC, for variance relief from Article 1369 concerning signage; Page 1 of 2  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board of Zoning Appeals Tax District 15, Tax Map 6, Parcels 18.1 and 17.1; PRO, Professional, Harrison Case, Chair Residential, and Office District. Kevin Meehan, Vice-Chair B. V20-16 / Greer Building, LLC / 1251 Earl L. Core Road: Request by Crystal Miller of City Neon, on behalf of Greer Building, LLC, for Chris Benison variance relief from Article 1369 concerning signage; Tax District 14, Heidi Cook Tax Map 31, Parcel 7.1; B-2, Service Business District. Garrett Tomblin C. CU20-04 / E and J Holdings, LLC / 311 Mclane Avenue: Request by Trevor Lloyd of Cheat Road Engineering on behalf of E and J Holdings, LLC for approval of a conditional “Parking Lot, Principal Use” use; Tax District 12, Tax Map 19, Parcel 109; R-3, Multi-Family Residential District and SSOD, Sunnyside South Overlay District. D. V20-17 / E and J Holdings, LLC / 311 Mclane Avenue: Request by Trevor Lloyd of Cheat Road Engineering on behalf of E and J Holdings, LLC for variance relief from Article 1339 concerning screening requirements; Tax District 12, Tax Map 19, Parcel 109; R-3, Multi- Family Residential District and SSOD, Sunnyside South Overlay District. E. V20-18 / E and J Holdings, LLC / 311 Mclane Avenue: Request by If you need an Trevor Lloyd of Cheat Road Engineering on behalf of E and J Holdings, accommodation, LLC for variance relief from Article 1367 concerning landscaping buffer please contact us at requirements; Tax District 12, Tax Map 19, Parcel 109; R-3, Multi- 304-284-7431. Family Residential District and SSOD, Sunnyside South Overlay District. F. V20-19 / E and J Holdings, LLC / 311 Mclane Avenue: Request by Trevor Lloyd of Cheat Road Engineering on behalf of E and J Holdings, LLC for variance relief from Article 1365 concerning parking lot design requirements; Tax District 12, Tax Map 19, Parcel 109; R-3, Multi- Family Residential District and SSOD, Sunnyside South Overlay District. G. V20-20 / E and J Holdings, LLC / 311 Mclane Avenue: Request by Trevor Lloyd of Cheat Road Engineering on behalf of E and J Holdings, LLC for variance relief from Article 1361 concerning parking lot screening requirements; Tax District 12, Tax Map 19, Parcel 109; R-3, Development Services Multi-Family Residential District and SSOD, Sunnyside South Overlay John Whitmore, AICP District. Interim Director V. ANNOUNCEMENTS 389 Spruce Street Morgantown, WV 26505 304.284.7431 VI. ADJOURNMENT Page 2 of 2 Intentional Blank Page  BOARD OF ZONING APPEALS MINUTES 6:30 p.m. August 19, 2020 Virtual/Electronic Meeting MEMBERS PRESENT: Chris Benison, Garrett Tomblin, Heidi Cook and Kevin Meehan MEMBERS ABSENT: Harrison Case STAFF: John Whitmore, City of Morgantown I. CALL TO ORDER AND ROLL CALL: Mr. Meehan explained that as there were no speakers signed up for public comment, the pre-meeting announcement may be waived. The Board concurred. II. MATTERS OF BUSINESS: Minutes from July 15, 2020 were unanimously approved. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: V20-14 / Twyman Estates LLC / Dorsey Avenue: Request by James Twyman, on behalf of Twyman Estates, LLC, for variance relief from Article 1331 concerning the minimum width standard for a single-family dwelling; First Ward Tax District, Tax Map 40, Parcel 457; R- 1A, Single-Family Residential District. Whitmore presented the Staff Report and noted that the applicant is present. Mr. Twyman stated that he bought the home with two additional lots with the intention to build on one of the lots. He stated that he found a house plan that would fit on the lot if he were able to get the variance to build. When questioned by Benison, Twyman confirmed that the lot number is 457. Cook asked about space for a driveway and the house. Twyman responded that the garage would be underneath the unit from the back alley. Twyman stated that there would be also be space for one spot in the front of the home, but the main entrance would be from the back. Being that there were no other questions, Meehan opened the public hearing. No one was present for the public hearing it was closed. Meehan requested from Whitmore the staff recommendation. Morgantown Board of Zoning Appeals Page 1 of 3 August 19, 2020 Minutes DRAFT Whitmore provided the Staff Recommendation with approval of the variance, as Parcel 457 cannot be developed in fulfillment of the R-1A, Single-Family Residential District purpose as established in Section 1335.01 of the Planning and Zoning Code: The R-1A, District purpose cannot be achieved on Parcel 457 without creating either a side- setback [minimum of four (4) foot variance encroachment required] or residential dwelling unit minimum width nonconformity, as Case V20-14 establishes. Cook motioned to accept the findings of fact as stated in the report. Tomblin seconded. Approved unanimously. 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 parcel will be developed to meet property setbacks and lot coverage standards and the proposed single-family dwelling of less than the minimum housing unit width standard should not adversely impact the surrounding built environment or the public’s enjoyment thereof. 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 parcel is too narrow to properly develop into a detached single-family residential dwelling. The variance request allows for a single-family dwelling while maintaining minimum side setback standards within the R-1A District. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The applicant will be able to build a residential home on this residually zoned on a nonconforming parcel subdivided in 1908. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The parcel will be developed and maintained as a single-family residence in conformity with other Planning and Zoning Code provisions pertaining to that otherwise permitted development, occupancy, and use. Cook moved to grant the variance as stated in the Staff Report. Seconded by Tomblin seconded. Unanimously approved. Meehan stated the petition has been approved and that Mr. Twyman will receive a letter from the Planning Department soon. Meehan stated that he should wait at least thirty days in case there is someone that would appeal this decision. ANNOUNCEMENTS: Whitmore stated that there were no announcements. He stated that he did receive word from Mr. Case during the meeting that he was unavoidably detained due to a family illness. Meehan noted that he had seen the announcement from Mr. Fletcher stating he Morgantown Board of Zoning Appeals Page 2 of 3 August 19, 2020 Minutes DRAFT was moving on and that he was sorry to see him go. Whitmore stated Mr. Fletcher’s last day would be September 3, 2020 so they would have a chance to wish him luck. ADJOURNMENT: 6:46 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ John Whitmore, AICP Morgantown Board of Zoning Appeals Page 3 of 3 August 19, 2020 Minutes DRAFT Intentional Blank Page  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Kevin Meehan, Vice-Chair CASE NO: V20-15 / Suncrest Corporate Center, LLC / 430 Drummond Street Chris Benison Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon on behalf of Suncrest Corporate Center, LLC for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 15, Tax Map 6, Parcels 17.1, 17.2, and 18.1; PRO, Professional, Residential, and Office District SURROUNDING ZONING: North: R-1, Single-Family Residential District East: PRO, Professional, Office, and Residential District South: B-2, Service Business District West: B-5, Shopping Center District BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 430 Drummond Street, 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 1369.09(E) provides a maximum sign area standard of twenty (20) square feet for businesses in the PRO district. The proposed sign is 81.1 square feet requiring variance relief of 61.1 square feet as illustrated below. Wall Sign Sign Area Development Services 81.1 sf John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Total Permitted Sign Standards 20 sf Total Requested Variance 61.1 sf Page 1 of 2  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: The proposed wall signage will utilize permitted metal letters with golden coloring in a satin Harrison Case, Chair finish, therefore not requiring variance from Section 1369.08(B) Lighting and Design Kevin Meehan, Vice-Chair Standards. Chris Benison Heidi Cook It should be noted that the site does have two legal, pre-existing nonconforming ground signs. One located fronting Drummond Street and another fronting WV 705. Of interest is Garrett Tomblin the ground sign located near WV 705, which is 60 square feet (6’ X 10’) in area itself. The location of the building as set-back from WV 705, presents a common issue for signage scale. The applicant is seeking to present commercial messaging that may appear excessive, given the physical distance from the signage to the reader. The Patteson Drive/Van Voorhis Road façade is approximately 182 feet +/- from eastbound traffic stop bar on Patteson Drive and north facing traffic stop bar on University Avenue 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 revisions to the petitioner’s Findings of Fact responses (deleted matter struck through; new matter underlined). As is customary with sign variance petitions, no recommendation is submitted by Staff concerning whether variance relief should be granted Attachments: Application and accompanying materials Development Services John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2  STAFF REPORT ADDENDUM A V20-15 / Suncrest Corporate Center, LLC / 430 Drummond Street Clipped from Google Earth Clipped from Google Earth Staff Report Addendum A Page 1 of 2 V20-15  STAFF REPORT ADDENDUM A V20-15 / Suncrest Corporate Center, LLC / 430 Drummond Street Part of Tax Map 25 Staff Report Addendum A Page 2 of 2 V20-15  STAFF REPORT ADDENDUM B V20-15 / Suncrest Corporate Center, LLC / 430 Drummond Street Staff recommends the following revisions to the petitioner’s Findings of Fact responses (deleted matter struck through; new matter underlined). Recommended revisions should not be considered or construed as supporting or opposing the merits of the petitioner’s “Findings of Fact” responses. 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: This site is surrounded by various businesses that have larger code allowance signs. Across the street Patterson Drive is a zone that allows illuminated signage. These other signs have not had an adverse effect to the public or neighboring properties. 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 site sits atop a hill at the intersection of Patteson Drive, Van Voorhis Road, and University Avenue. This busy intersection has roadways that range from 3-5 lanes wide. The building’s distance to the center of the intersection is approximately 140 feet. These constraints limit adequate wayfinding and commercial messaging opportunities, requiring In an effort to safely advertise, the tenant is requesting a larger sign. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because The tenant will be able to safely advertise with signage that compliments the building’s location and architectural features. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The signage will safely and effectively advertise the business without adverse effect on the public or neighbors. Staff Report Addendum B Page 1 of 1 V20-15  36 in 25.1 in 324.4 in 30 in Intentional Blank Page Intentional Blank Page  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Kevin Meehan, Vice-Chair CASE NO: V20-16 / Greer Building, LLC / 1251 Earl L. Core Road Chris Benison Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon on behalf of Greer Building, LLC for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 14, Tax Map 31, Parcel 7.1; I-1, Industrial District SURROUNDING ZONING: North and West: R-1A, Single-Family Residential District East and South: I-1, Industrial District BACKGROUND and ANALYSIS: The petitioner seeks to install ground signage at 1251 Earl L. Core Road, 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(F) provides a maximum post and panel area standard of thirty-two (32) square feet and a maximum height of six (6) feet. The proposed sign has an area of 96.8 square feet requiring variance relief of 64.8 square feet. The proposed sign’s height is 20.2 feet tall feet requiring variance relief of 14.2 feet. The table on Page 2 of this report illustrates the required variances. Development Services John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Sign Sign Ground Sign Kevin Meehan, Vice-Chair Area Height Chris Benison Heidi Cook Garrett Tomblin 96.8 sf 20.2 feet Total Permitted Sign Standards 32 sf 6 feet Total Requested Variance 64.8 sf 14.2 sf 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)]. Development Services Addendum B of this report provides revisions to the petitioner’s Findings of Fact responses John Whitmore, AICP (deleted matter struck through; new matter underlined). Interim Director Planning Division As is customary with sign variance petitions, no recommendation is submitted by Staff 389 Spruce Street concerning whether variance relief should be granted Morgantown, WV 26505 304.284.7431 Attachments: Application and accompanying materials Page 2 of 2  STAFF REPORT ADDENDUM A V20-16 / Greer Building, LLC / 1251 Earl L. Core Road Clipped from Google Earth Clipped from Google Earth Staff Report Addendum A Page 1 of 2 V20-16  STAFF REPORT ADDENDUM B V20-16 / Greer Building, LLC / 1251 Earl L. Core Road Staff recommends the following revisions to the petitioner’s Findings of Fact responses (deleted matter struck through; new matter underlined). Recommended revisions should not be considered or construed as supporting or opposing the merits of the petitioner’s “Findings of Fact” responses. 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 original (now non-conforming) sign is seeking to come into compliance with relief for height and sign area. Along this particular stretch of roadway, there are many signs reaching the height of 20+ feet in height and larger than code sign area. There appears to be no ill effect on the businesses and residents of this area from other similar signs. 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 main cabinet of this sign has had many short term repairs over the years, but has met the end of its function and desperately needs replacing. As it is no longer a conforming sign with its single pole, two additional poles will be added to give it a post and panel look that is within the Code. This addition will allow us to replace the aging cabinet with a new one to showcase the building’s tenants. The Greer Building is a terminus for the Sabraton commercial corridor along Earl L. Core Road. The site is unique as most sides of the property are an elaborate stormwater management system requiring signage be setback from the roadway. The roadway is a 35- mph highway with limited pedestrian foot traffic along the road, as there is a trail system located to the rear of the property. The sign as proposed will allow for legible commercial copy and way finding to the Greer Building and is similar to other ground signs in the Sabraton area. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because The building owner will be able to utilize existing components of the sign, replace the aging cabinet that is no longer serviceable, and showcase the building’s tenants. The signage must be larger than permitted to allow for adequate viewing due to site constraints and the layout and design of Earl L. Core Road. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Staff Report Addendum B Page 1 of 2 V20-16  The additional poles will bring the sign into conformance with the code since the code has changed since the installation of this sign. It will no longer be a single pole non-conforming sign. The property is zoned I-1, Industrial, but is located along a busy commercial corridor. The use of the property is for newspaper publishing and other media functions. The applicant will be able to better use their property and promote their business functions on-site with the larger sign. Staff Report Addendum B Page 2 of 2 V20-16  STAFF REPORT ADDENDUM A V20-16 / Greer Building, LLC / 1251 Earl L. Core Road Part of Tax Map 31 Staff Report Addendum A Page 2 of 2 V20-16 Intentional Blank Page Intentional Blank Page  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: COMBINED STAFF REPORT Harrison Case, Chair Kevin Meehan, Vice-Chair CASE NO: CU20-04 / E and J Holdings, LLC / 311 Mclane Avenue Chris Benison V20-17 / E and J Holdings, LLC / 311 Mclane Avenue Heidi Cook V20-18 / E and J Holdings, LLC / 311 Mclane Avenue Garrett Tomblin V20-19 / E and J Holdings, LLC / 311 Mclane Avenue V20-20 / E and J Holdings, LLC / 311 Mclane Avenue REQUEST and LOCATION: Request by Trevor Lloyd of Cheat Road Engineering on behalf of E & J Holdings, LLC for conditional “Parking Lot, Principal Use” use approval and variance relief from Article 1339 concerning screening requirements, Article 1361 concerning parking lot screening requirements, Article 1365 concerning parking lot design requirements, and Article 1367 concerning landscape buffer requirements. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 12, Tax Map 19, Parcel 109; R-3, Multi-Family Residential District and SSOD, Sunnyside South Overlay District. SURROUNDING ZONING: North, East, and South: R-3, Multi-Family Residential District and SSOD, Sunnyside South Overlay District West: B-2, Service Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District BACKGROUND: The petitioner seeks to construct a parking lot with sixteen (16) spaces at 311 Mclane Avenue, requiring conditional use approval and variance relief from Articles 1339, 1361, 1365, and 1367 of the Planning and Zoning Code. Addendum A of this report illustrates the location of the subject site. The proposed design of the parking lot requires three (3) Development Services similar variances, in relationship to the Multi-Family Residential District, Sunnyside South Overlay District, and the landscape ordinance. John Whitmore, AICP Interim Director Access to the parking lot is proposed from Alley B, located between Mclane Avenue to the North and Beechurst Avenue to the South. Parking spaces are designed in a tandem Planning Division design, enabling increased parking density. A copy of the proposed design of the parking 389 Spruce Street lot is provided on Page 2 of this report. Morgantown, WV 26505 304.284.7431 Page 1 of 6  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Kevin Meehan, Vice-Chair Chris Benison Heidi Cook Garrett Tomblin Development Services John Whitmore, AICP Interim Director Planning Division 389 Spruce Street ANALYSIS: Morgantown, WV 26505 304.284.7431 CU20-04 – Conditional “Parking Lot, Principal Use” The petitioner proposes a new “Parking Lot, Principal Use” use in the vacant parcel commonly known as 311 Mclane Avenue, which results in a change in land use Page 2 of 6  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: classification. The “Parking Lot, Principal Use” use is defined in Article 1329 of the Harrison Case, Chair Planning and Zoning Code as follows: Kevin Meehan, Vice-Chair Chris Benison Heidi Cook Garrett Tomblin “Parking Lot, Principal Use” uses are permitted within the R-3, Multi-Family Residential District with conditional use approval by the BZA, per Table 1331.05 illustrated below. V20-17 – R-3, District Screening Requirements Section 1339.06(D) of the Planning and Zoning Code provides requirements for certain surface parking areas in the R-3, Multi-Family Residential District, as shown below: As this is a proposed “Principal Use, Parking Lot,” the parking lot is required to observe Section 1339.06(D) architectural screening requirements. The establishment of a wall between the surface parking and Alley B is impossible with the proposed design as access to the parking spaces would be impossible. Alternatively, the applicant could provide access from Alley B to a parking area separated from both Alley B and Mclane Avenue Development Services with a wall feature, however topography in the area appears to present a significant challenge for such a development. John Whitmore, AICP Interim Director V20-18 – Landscape Buffer Requirements Planning Division The Landscape Ordinance requires vegetative buffering between parking areas and other 389 Spruce Street Morgantown, WV 26505 land uses. Section 1367.08(B)(1) regulates landscaping for parking lots that are not 304.284.7431 located between a principal building and a street as shown on the following page. Page 3 of 6  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Kevin Meehan, Vice-Chair Chris Benison Heidi Cook Garrett Tomblin This section is identified for this development’s review, as there is no principal building on- site. Parcel 109 is a through-lot abutting two rights-of-way on opposite sides of the parcel. Section 1329.02 of the Planning and Zoning Code provides the definition for Lot Front and a protocol for establishing frontage as shown below. As provided by the definition of Lot Front, the acting Planning Director has determined that the frontage of this parcel is the Mclane Avenue side. As such, the rear of the parcel is along Alley B. Therefore, variance is required from Section 1367.08(B)(1) as the establishment of the required four (4) foot perimeter buffer is impossible with the proposed design as access to the parking spaces would be impossible. V20-19 – Parking Lot Design Section 1365.09(A)(4) of the Planning and Zoning Code requires that parking lots for four (4) or more automobiles, excluding singe and two-family dwellings, agricultural and rural uses, and storage of vehicular merchandise, have each parking space open directly onto Development Services a parking aisle that is not located in a public right-of-way, as shown below. John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 The use of a public right-of-way for vehicle maneuvering into the parking spaces, as designed, is not permitted. Parking lots are to be designed with a dedicated entrance and Page 4 of 6  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: exit, whereby vehicles interaction with the right-of-way is for forward movement into and Harrison Case, Chair out of the parking lot. The petitioner proposes to utilize Alley B for turning movements into Kevin Meehan, Vice-Chair and out of the proposed parking spaces. Chris Benison V20-20 – Parking Lot Screening Requirement Heidi Cook Garrett Tomblin Section 1361.03(Q)(3) of the Planning and Zoning Code requires that surface parking lots developed within the Sunnyside Overlay Districts be screened from the right-of-way, as shown below. Similar to variances requests V20-17 and V20-18, the proposed design of the parking lot does not allow for screening from the right-of-way, as the individual parking spaces are to be directly accessed from Alley B, rendering required screening impossible. Broadly, the Board of Zoning Appeals is reviewing the proposed “Parking Lot, Principal Use” based on the following categories: Case Number(s) Reasoning CU20-04 Required Conditional Use V20-17, V20-18, and V20-20 Landscaping and Screening V20-19 Parking Lot Design Staff recommends that the Board, without objection from members of the Board, the petitioner, or the public, combine the public hearings for the conditional use and variance petitions presented herein. However, each respective petition must be considered and acted upon by the Board separately. Development Services John Whitmore, AICP STAFF RECOMMENDATION: Interim Director The Board of Zoning Appeals must determine whether the proposed requests meet the Planning Division standard criteria for a conditional use or variance by reaching a positive determination for 389 Spruce Street each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the Morgantown, WV 26505 petitioner’s “Findings of Fact” and determines the proposed request does not meet the 304.284.7431 standard criteria for a conditional use or variance, then the Board must state findings of fact and conclusions of law on which it bases its decision to deny the subject conditional use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)]. Page 5 of 6  MORGANTOWN BOARD OF ZONING APPEALS October 21, 2020 6:30 p.m. By Electronic Means Board Members: Addendum B of this report restates the petitioner’s findings of fact for each petition. Again, Harrison Case, Chair each petition must be considered and acted upon by the Board separately. The Board Kevin Meehan, Vice-Chair may review and provide a determination for any of these five (5) cases in an order of their choosing. Staff provides no recommendation for any of the cases presented in this staff Chris Benison report. Heidi Cook In the event the Board of Zoning Appeals grants approval of the petition(s), staff Garrett Tomblin recommends the following conditions be included with each petition’s approval: Case No. CU20-04 – Conditional “Parking Lot, Principal Use” 1. Approval of CU20-04 is conditioned on the approval of Cases V20-17, V20-18, V20-19, and V20-20. 2. Parking spaces shall include signage and/or pavement markings establishing individual users of the “Parking Lot, Principal Use.” 3. The “Parking Lot, Principal Use,” shall be developed to include screening and buffering as provided in the site plan reviewed by the Board of Zoning Appeals, and to include a minimum five (5) foot wide buffer to abut the parking lot. Case No. V20-17 – R-3, District Screening Requirements 1. Approval of V20-17 is conditioned on the approval of Cases CU20-04, V20-18, V20-19, and V20-20. Case No. V20-18 – Landscape Buffer Requirements 1. Approval of V20-18 is conditioned on the approval of Cases CU20-04, V20-17, V20-19, and V20-20. Case No. V20-19 – Parking Lot Design 1. Approval of V20-19 is conditioned on the approval of Cases CU20-04, V20-17, V20-18, and V20-20. Case No. V20-20 – Parking Lot Screening Requirement Development Services 1. Approval of V20-20 is conditioned on the approval of Cases CU20-04, V20-17, John Whitmore, AICP V20-18, and V20-19. Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 Attachments: Application and accompanying materials 304.284.7431 Page 6 of 6  COMBINED STAFF REPORT ADDENDUM A CU20-04, V20-17, V20-18, V20-19, and V20-20 / E & J Holdings / 311 Mclane Ave. Clipped from Google Earth Clipped from Google Earth Staff Report Addendum A Page 1 of 2 CU20-04, V20-17, V20-18, V20-19, and V20-20  COMBINED STAFF REPORT ADDENDUM A CU20-04, V20-17, V20-18, V20-19, and V20-20 / E & J Holdings / 311 Mclane Ave. Part of Tax Map 19 Staff Report Addendum A Page 2 of 2 CU20-04, V20-17, V20-18, V20-19, and V20-20  COMBINED STAFF REPORT ADDENDUM B Applicant submitted findings of fact are provided below. CU20-04 / E and J Holdings, LLC / 311 Mclane Avenue Finding of Fact No. 1 – Congestion in the streets is not increased, in that: All parked vehicles will be completely off public rights of way. Finding of Fact No. 2 – Safety from fire, panic, and other danger is not jeopardized, in that: No enclosed structures are proposed. Finding of Fact No. 3 – Provision of adequate light and air is not disturbed, in that: All required lighting will be oriented downward and will not spill onto adjacent property. Finding of Fact No. 4 – Overcrowding of land does not result, in that: Less than 50% of the lot will be developed. Finding of Fact No. 5 – Undue congestion of population is not created, in that: This project is for vehicle storage for existing population. 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: Not Applicable Finding of Fact No. 7 – Value of buildings will be conserved, in that: Not Applicable Finding of Fact No. 8 – The most appropriate use of land is encouraged, in that: In anticipation of commerical space expansion of the Ashbrook Liqour Outlet, this proposed parking facility will ensure that parking requirements are met. Combined Staff Report Addendum B Page 1 of 5 CU20-04, V20-17, V20-18, V20-19, & V20-20  V20-17 / E and J Holdings, LLC / 311 Mclane Avenue 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: This is a parking facility with access off of an alley way. There are no encroachments on public pedestrian pathways, adjacent properties or public utilities. 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: Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in it’s entirety by granting the variance. Parking areas off an alley is a reasonable use of the land. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in it’s entirety by granting the variance. Parking areas off an alley is a reasonable use of the land. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Allowing for parking areas off of an alley is a reasonable use of the land. The proposed parking area will be screened from three sides and obscured from view from main streets and popular pedestrian pathways. V20-18 / E and J Holdings, LLC / 311 Mclane Avenue 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: This is a parking facility with access off of an alley way. There are no encroachments on public pedestrian pathways, adjacent properties or public utilities. Combined Staff Report Addendum B Page 2 of 5 CU20-04, V20-17, V20-18, V20-19, & V20-20  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: Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in its entirety by granting the variance. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in it’s entirety by granting the variance. Parking areas off an alley is a reasonable use of the land. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Allowing for parking areas off of an alley is a reasonable use of the land. The proposed parking area will be screened from three sides and obscured from view from main streets and popular pedestrian pathways. V20-19 / E and J Holdings, LLC / 311 Mclane Avenue 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: This is a parking facility with access off of an alley way. There are no encroachments on public pedestrian pathways, adjacent properties or public utilities. 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: Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in its entirety by granting the variance. Combined Staff Report Addendum B Page 3 of 5 CU20-04, V20-17, V20-18, V20-19, & V20-20  Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in it’s entirety by granting the variance. Parking areas off an alley is a reasonable use of the land. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Allowing for parking areas off of an alley is a reasonable use of the land. The proposed parking area will be screened from three sides and obscured from view from main streets and popular pedestrian pathways. V20-20 / E and J Holdings, LLC / 311 Mclane Avenue 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: This is a parking facility with access off of an alley way. There are no encroachments on public pedestrian pathways, adjacent properties or public utilities. 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: Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the lot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Ave. Although there are methods of stabilizing earth, this situation can be avoided in its entirety by granting the variance. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because Access to the proposed parking spaces is directly off the alley. If the spaces were set back into the lot far enough for a landscaping buffer between the alley and the loot with an access road serving the parking spaces, the resulting earthwork would encroach on the zone of influence (stability) of McClane Avenue. Although there are methods of stabilizing earth, this situation can be avoided in its entirety by granting the variance. Parking areas off an alley is a reasonable use of the land. Combined Staff Report Addendum B Page 4 of 5 CU20-04, V20-17, V20-18, V20-19, & V20-20  Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Allowing for parking areas off of an alley is a reasonable use of the land. The proposed parking area will be screened from three sides and obscured from view from main streets and popular pedestrian pathways. Combined Staff Report Addendum B Page 5 of 5 CU20-04, V20-17, V20-18, V20-19, & V20-20  GENERAL NOTES: 91 0 PROPOSED USE: PROVIDE 16 OFF 92 STREET PARKING SPACES. SPACES 0 M TO BE IN TANDEM CONFIGURATION cC LA INTENDED FOR TWO BEDROOM NE APARTMENTS AND EMPLOYEES. AV E FR TOTAL AREA: 8000 SF O NT IMPERVIOUS AREA: 2800 SF OF PR OP 80' ER 31 TY 0 1 90 M cC LA NE EXISTING CONDITIONS TO REMAIN 0 89 5' LANDSCAPING 5', STORM WATER MANAGEMENT/LANDSCAPING 20' 60' 15' 8.75' 5' AL LANDSCAPING LE Y B 40' R3 REQUIREMENTS PER 1367.08(B)(1): A FOUR (4) FOOT PERIMETER BUFFER SHALL BE PROVIDED, ALONG THE SIDES AND REAR YARD OF THE PROPERTY. ASHEBROOKE PARKING CHEAT ROAD 0 20 40 SITE MORGANTOWN, WV ENGINEERING, INC. Feet DRAWN BY: N. PERSINGER PROJECT NO: 20-073 5011 MID ATLANTIC DRIVE REV NO. DATE DESCRIPTION BY CHECKED BY: T. LLOYD MORGANTOWN, WV 26508 DRAWING FILE: PHONE: (304) 212-5480 SCALE: 1" = 20' DATE: August 7, 2020 CONCEPT.DWG  M cC LAN T E EE AV S TR E 4TH 91 9 AL 0 20 S L NT LET EY ME UT B 0 90 0 RT O 89 PA OR 300.00' T A LIQU EE TR OK H S RO 4T HEB AS BE T EE HU EC ST R T D RS 3R AV E © 2020 Microsoft Corporation © 2020 Maxar ©CNES (2020) CHEAT ROAD 0 100 200 VICINITY MAP ASHEBROOKE PARKING MORGANTOWN, WV ENGINEERING, INC. Feet DRAWN BY: N. PERSINGER PROJECT NO: 20-073 5011 MID ATLANTIC DRIVE REV NO. DATE DESCRIPTION BY CHECKED BY: T. LLOYD MORGANTOWN, WV 26508 DRAWING FILE: PHONE: (304) 212-5480 SCALE: 1" = 20' DATE: August 7, 2020 CONCEPT.DWG