Board of Zoning Appeals

Morgantown Board of Zoning Appeals MEETING PACKET Monday, April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice Chair Kevin Meehan Heidi Cook Garrett Tomblin Development Services Department Rickie Yeager, Director John Whitmore, Senior Planner BZA Meeting Page 1 of 54 April 12, 2021  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 Page 2 of 54 April 12, 2021  ‒ 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 Page 3 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board of Zoning Appeals City buildings remain partially closed to the public to protect public health during the Harrison Case, Chair COVID-19 pandemic. Personal attendance at this meeting will not be permitted. The Chris Benison, Vice-Chair public may participate in the public portions through the following Cisco WebEx videoconference access methods: Heidi Cook Kevin Meehan Meeting Link: https://cityofmorgantown.my.webex.com/meet/cityofmorgantown Garrett Tomblin Meeting Number: 793 734 477 Phone: 415-655-0001 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 wishing to speak at the meeting may sign up by completing the form available at: http://bit.ly/BZA031721. Another option to speak during a public comment portion is by providing their name, phone number they will use to participate, and the specific Case Number and/or General Public Comments If you need an listed on the Planning Commission’s agenda on which they would like to speak accommodation, by texting or calling 304-906-7843. You may sign up to speak at any time until please contact us at the meeting begins. Additionally, the public may submit written comments for the 304-284-7431. public hearing portions of the meeting by sending an email to the Development Services Department at bmcdonald@morgantownwv.gov. In the email, please use the subject line "Public Comment BZA 04/12/2021" 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. SPECIAL MEETING A G E N D A I. CALL TO ORDER AND ROLL CALL Development Services II. MATTERS OF BUSINESS: Rickie Yeager, AICP Director A. Minutes for the February 17, 2021 hearing. Planning Division III. UNFINISHED BUSINESS: None. John Whitmore, AICP Senior Planner IV. NEW BUSINESS: 389 Spruce Street A. V21-02 / Elevate Expectations, LLC / 220 and 230 Beechurst Morgantown, WV 26505 Avenue: Request by Crystal Miller of City Neon, on behalf of Elevate 304.284.7431 Expectations, LLC, for variance relief from Article 1369 concerning Page 1 of 2 BZA Meeting Page 4 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2020 6:30 p.m. By Electronic Means Board of Zoning Appeals signage; Tax District 12, Tax Map 20, Parcels 64, 65 and 66 and Tax Harrison Case, Chair District 12, Tax Map 19 Parcel 127; B-2, Service Business District, Chris Benison, Vice-Chair SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. Heidi Cook Kevin Meehan B. V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road: Request Garrett Tomblin by Crystal Miller of City Neon, on behalf of Glenmark Holdings, LLC, for variance relief from Article 1369 concerning signage; Tax District 14, Tax Map 31, Parcel 98; B-5, Shopping Center District. C. V21-04 / Cake, LLC / 181 Walnut Street: Request by Crystal Miller of City Neon, on behalf of Cake, LLC, for variance relief from Article 1369 concerning signage; Tax District 11, Tax Map 26A Parcel 62; B-4, General Business District. D. V21-05 / Glenmark Real Estate, LLC / 201 Fieldview Avenue: Request by Crystal Miller of City Neon, on behalf of Glenmark Real Estate, LLC, for variance relief from Article 1369 concerning signage; Tax District 9, Tax Map 48A Parcel 15; B-2, Service Business District. E. V21-06 / ECB International Trust / 1137 Van Voorhis Road: Request If you need an by Crystal Miller of City Neon, on behalf of Glenmark Real Estate, LLC, accommodation, for variance relief from Article 1369 concerning signage; Tax District 15, please contact us at Tax Map 6 Parcel 37; B-1, Neighborhood Business District. 304-284-7431. V. ANNOUNCEMENTS VI. ADJOURNMENT Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 BZA Meeting Page 5 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 6 of 54 April 12, 2021  BOARD OF ZONING APPEALS MINUTES 6:30 p.m. February 17, 2021 Virtual/Electronic Meeting MEMBERS PRESENT: Harrison Case, Chris Benison, Heidi Cook, Kevin Meehan, Garrett Tomblin STAFF: John Whitmore, City of Morgantown I. CALL TO ORDER AND ROLL CALL: Case called the meeting to order and asked that the pre-meeting announcement may be waived. The Board concurred. II. 2020 LEADERSHIP ELECTION- Chair and Vice Chair. The floor was opened to nominations. The newly elected positions would take effect with this meeting. Meehan nominated Harrison Case as Chair and Chris Benison as Vice Chair. Cook seconded the nominations. Case and Benison accepted the nomination. The vote was unanimous. III. MATTERS OF BUSINESS: Minutes from November 23, 2020 meeting. Case stated that hearing no objections, they will be approved as submitted. Minutes from December 16, 2020 meeting. Case stated that hearing no objections, they will be approved as submitted. 2020 Annual Report to City Council. Case noted that he reviewed this report and asked all board members to review. Whitmore noted that there was a decrease in variances due to COVID. Whitmore mentioned that there was no enforcement by Code in the area of signs, so the number in the report is reflective of this. Whitmore is cautious of what happens in 2021, and is hoping some kind of normal will return soon. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. CU21-01 / Rice / 727 Union Avenue: Request by Dylan Rice for approval of a conditional accessory “Class 2 Home Occupation” use; Tax District 13, Tax Map 26, Parcel 494; R-1A, Single-Family Residential District. Whitmore presented the staff report, Mr. Rice, residing at 727 Union Avenue states that his business is producing music for artists, business for commercials and advertising. He states that occasionally a recording artist may come to record in his Morgantown Board of Zoning Appeals Page 1 of 3 February 17, 2021 Minutes DRAFT BZA Meeting Page 7 of 54 April 12, 2021  home. Mr. Rice stated that his studio is in a spare bedroom. He has lived at this residence since 2016 and has basically been doing this since then. Recently he has wanted to start doing this as a means to making money. There are no issues with the neighbors. Benison asked a question regarding hours of operation, asking why the hours are so late as opposed to earlier in the day. Mr. Rice explained that this is for the convenience of his customers. Whitmore noted that there was some correspondence received through the public comment section. Mr. Rice noted that one of his neighbors had voiced concerns regarding parking. Mr. Rice stated that there is more than enough space for parking based on the number of tenants at the residence. Case opened the public hearing. There are no members of the public signed up to speak live, but staff did receive written correspondence in favor of this project, and that may be entered into the record. Case closed the public hearing. Whitmore presented the Staff Recommendation. Case asked for a motion regarding findings of fact. Meehan moved to approve as outlined in the packet. Seconded by Tomblin. Vote was unanimous. Case asked for a motion to grant the Conditional Use approval. Cook motioned, Benison seconded second to the conditions on page 34 of the meeting packet. Vote as unanimous. B. V21-01 / Hotel Morgan Company, LLC / 127 High Street: Request by Crystal Miller of City Neon, on behalf of Hotel Morgan Company, LLC, for variance relief from Article 1369 concerning signage; Tax District 11, Tax Map 28A, Parcel 25; B-4, General Business District. Whitmore presented the Staff Report. Crystal Miller reported that they have been allowed to temporarily install signage due to COVID regulations. If this does not pass, the company has agreed to revisit the provisions. Miller stated the sign is made of aluminum with LED lights and covered with acrylic. Based on code, the acrylic is the issue. She stated that there are other signs similar to this on High Street. Ms. Miller stated the developer has worked hard to duplicate the signage to match the original signage on the roof and to preserve the historic and architectural elements of the building. Case closed the public hearing. Being no questions, and the board approves of the visual aspects of the sign, Mr. Whitmore was asked to present the Staff Recommendation. Case asked for a motion to approve the findings of fact as presented in the packet. Cook moved to approve. Benison seconded. Vote was unanimous. Case asked for a motion to approve the Staff Recommendation as outlined in the packet. Cook moved to approve the variance as stated in the report. Meehan seconded. Vote was unanimous. Morgantown Board of Zoning Appeals Page 2 of 3 February 17, 2021 Minutes DRAFT BZA Meeting Page 8 of 54 April 12, 2021  VI. ANNOUNCEMENTS: Whitmore announced that Rickie Yeager will be Morgantown’s new Development Director starting on March 15, 2021. VII. ADJOURNMENT: 7:10 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ John Whitmore, AICP Morgantown Board of Zoning Appeals Page 3 of 3 February 17, 2021 Minutes DRAFT BZA Meeting Page 9 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 10 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-02 / Elevate Expectations, LLC / 220 & 230 Beechurst Avenue Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of Elevate Expectations, LLC, for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 12, Tax Map 20, Parcels 64, 65 and 66 and Tax District 12, Tax Map 19 Parcel 127. B-2, Service Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. SURROUNDING ZONING: North: B-2, Service Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. East: R-3, Multi-Family Residential District, SSOD, Sunnyside South Overlay District. South: R-3, Multi-Family Residential District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. West: B-2, Service Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 220 and 230 Beechurst Avenue, requiring Development Services variance relief from Article 1369 of the Planning and Zoning Code. Addendum A of this Rickie Yeager, AICP report illustrates the location of the subject site. Director 220 and 230 Beechurst Avenue are a “Dwelling, Multi-Family” use. Planning Division Section 1369.09(b) provides the following requirements for multi-family uses: John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 The proposed sign is 29.75 square feet in area requiring variance relief of 22.35 square feet as illustrated in the table on page 2 of this staff report. Page 1 of 2 BZA Meeting Page 11 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Sign Wall Signage Area Kevin Meehan Heidi Cook Garrett Tomblin 29.75 sf Total Permitted Sign Standards (14-total units) 7.4 sf Total Requested Variance 22.35 sf STAFF RECOMMENDATION: It is the duty of the Board of Zoning Appeals to determine whether the proposed request Development Services meets the standard criteria for a variance by reaching a positive determination for each of Rickie Yeager, AICP the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the Director 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 Planning Division 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)]. John Whitmore, AICP Senior Planner Addendum B of this report restates the petitioner’s Findings of Fact responses. As is customary with sign variance petitions, no recommendation is submitted by Staff 389 Spruce Street Morgantown, WV 26505 concerning whether variance relief should be granted. 304.284.7431 Page 2 of 2 BZA Meeting Page 12 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-02 / Elevated Expectations, LLC / 220 & 230 Beechurst Avenue Staff Report Addendum A Page 1 of 2 V21-02 BZA Meeting Page 13 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-02 / Elevated Expectations, LLC / 220 & 230 Beechurst Avenue Staff Report Addendum A Page 2 of 2 V21-02 BZA Meeting Page 14 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-02 / Elevate Expectations LLC / 220 & 230 Beechurst Avenue The following restates the petitioners finding 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 particular site is located in a 8-2 district surrounded by businesses with a larger scale and internally illuminated signage. The multi-family dwelling designation under Land Usage limits the signage allotment to 7.4 sq ft per building whereas a business in this zone in a building of this size would be allowed approximately 20 sq. ft. The proposed sign is non- illuminated pin mounted letters which would be unobtrusive to traffic, residents, and other business owners. 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: Many apartment buildings in this zone have commercial businesses in the lower floor allowing them to claim mixed-use and thus are allowed to have a larger signage allotment. The owner has created a brand in a very competitive residential rental market and would like to extend the branding to the newly acquired buildings. (The other properties were approved through variance in 2017). Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The buildings will be able to effectively identify and showcase itself in the highly competitive market of off-campus housing. The larger sign would be more legible to vehicle and pedestrian traffic. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The owner will be able to cohesively brand all of their properties and effectively market in a B- 2 zone. Staff Report Addendum B Page 1 of 1 V21-02 BZA Meeting Page 15 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 16 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of Glenmark Holdings, LLC, for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 14, Tax Map 31, Parcel 98; B-5, Shopping Center District. SURROUNDING ZONING: North: R-1A, Single-Family Residential. East, South, and West: B-5, Shopping Center District. BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 1450 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(i) provides a maximum sign area standard of 0.6 square feet of wall sign area for every one (1) foot of tenant building frontage in the B-5, Shopping Center District. The tenant’s frontage is approximately 17.5 linear feet allowing for a total of 10.5 square feet of wall signage. The proposed sign is 32.75 square feet in area requiring variance relief of 22.25 square feet as illustrated in the table on page 2 of this staff report. Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 BZA Meeting Page 17 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Sign Wall Signage Area Kevin Meehan Heidi Cook Garrett Tomblin 32.75 sf Total Permitted Sign Standards (14-total units) 10.5 sf Total Requested Variance 22.25 sf STAFF RECOMMENDATION: It is the duty of the Board of Zoning Appeals to determine whether the proposed request Development Services 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 Rickie Yeager, AICP petitioner’s “Findings of Fact” and determines the proposed request does not meet the Director standard criteria for a variance, then the Board must state findings of fact and conclusions Planning Division 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)]. John Whitmore, AICP Senior Planner Addendum B of this report restates the petitioner’s Findings of Fact responses. 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 Page 2 of 2 BZA Meeting Page 18 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road Staff Report Addendum A Page 1 of 2 V21-03 BZA Meeting Page 19 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road Staff Report Addendum A Page 2 of 2 V21-03 BZA Meeting Page 20 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road The following restates the petitioners finding 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: There are several internally illuminated channel letter sets that are larger than code in this area of town. These signs do not have any ill effects upon the residents and business owners in 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: This site sits approximately 90'-100' from the center of Earl L Core Road. This is a heavily traveled stretch of three lane roadway. For safety of customers and traffic we would like to install a larger sign. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: With a larger sign customers will be able to safely find the office and navigate along the busy roadway of Earl L Core (Sabraton). Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The requested relief of signage area will not harm residents and business owners in the area while allowing the tenant to safely advertise with a larger sign. Staff Report Addendum B Page 1 of 1 V21-03 BZA Meeting Page 21 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 22 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-04 / Cake, LLC / 181 Walnut Street Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of Cake, LLC, for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 11, Tax Map 26A Parcel 62; B-4, General Business District. SURROUNDING ZONING: B-4, General Business District BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 181 Walnut 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 1369.07(i) provides a maximum sign area standard of 0.4 square feet of wall sign area for every one (1) foot of tenant building frontage in the B-4, General Business District. The tenant’s frontage is approximately 34 linear feet allowing for a total of 13.6 square feet of wall signage. The proposed sign is 13.34 square feet in are and does not require a variance. the signage will require variance from Section 1369.08(b) as the sign face will not be opaque, will be internally illuminated, and will be made of a non- permitted material. Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 BZA Meeting Page 23 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Wall Signage Kevin Meehan Heidi Cook Garrett Tomblin 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 Development Services 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 Rickie Yeager, AICP Director 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 Planning Division Code 8A-8-11(e) and 8A-7-11(b)]. John Whitmore, AICP Addendum B of this report restates the petitioner’s Findings of Fact responses. As is Senior Planner customary with sign variance petitions, no recommendation is submitted by Staff concerning whether variance relief should be granted. 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 BZA Meeting Page 24 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-04 / Cake, LLC / 181 Walnut Street Staff Report Addendum A Page 1 of 2 V21-04 BZA Meeting Page 25 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-04 / Cake, LLC / 181 Walnut Street Staff Report Addendum A Page 2 of 2 V21-04 BZA Meeting Page 26 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-04 / Cake, LLC / 181 Walnut Street The following restates the petitioners finding 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: There are several internally illuminated channel letter sets and box cabinets within the Downtown area. These signs have not had any ill effects to the residents or business owners in 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: There are several other businesses in the Downtown District that have internally illuminated signage and NovelKeys would like the opportunity to advertise in a similar fashion. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The business will be able to advertise efficiently during night time hours. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The business will be able to advertise during night hours similar to other businesses in the area without ill effects to the residents and other business owners. Staff Report Addendum B Page 1 of 1 V21-04 BZA Meeting Page 27 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 28 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-05 / Glenmark Real Estate, LLC / 201 Fieldview Avenue Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of Glenmark Real Estate, LLC, for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 9, Tax Map 48A Parcel 15; B-2, Service Business District. SURROUNDING ZONING: North and West: R-1A, Single-Family Residential. East and South: Unincorporated Monongalia County. BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 201 Fieldview Avenue, 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 sign area standard of 0.6 square feet of wall sign area for every one (1) foot of tenant building frontage in the B-2, Service Business District. The tenant’s frontage is approximately 80.5 linear feet allowing for a total of 48.3 square feet of wall signage. The proposed sign is 138.63 square feet in area requiring variance relief of 90.33 square feet as illustrated in the table on page 2 of this staff report. Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 BZA Meeting Page 29 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Wall Signage Sign Area Kevin Meehan Heidi Cook Garrett Tomblin 138.63 sf Total Permitted Sign Standards (14-total units) 48.3 sf Total Requested Variance 90.33 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 Development Services standard criteria for a variance, then the Board must state findings of fact and conclusions Rickie Yeager, AICP of law on which it bases its decision to deny the subject variance petition. [See WV State Director Code 8A-8-11(e) and 8A-7-11(b)]. Planning Division Addendum B of this report restates the petitioner’s Findings of Fact responses. As is customary with sign variance petitions, no recommendation is submitted by Staff John Whitmore, AICP concerning whether variance relief should be granted. Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 BZA Meeting Page 30 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-05 / Glenmark Real Estate, LLC / 201 Fieldview Avenue Staff Report Addendum A Page 1 of 2 V21-05 BZA Meeting Page 31 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-05 / Glenmark Real Estate, LLC / 201 Fieldview Avenue Staff Report Addendum A Page 2 of 2 V21-05 BZA Meeting Page 32 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-05 / Glenmark Real Estate, LLC / 201 Fieldview Avenue The following restates the petitioners finding 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 proposed signage is non-illuminated pin mount letters made of acrylic. As such, there will be no ill effects to residents or other business owners in 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: The tenant is a custom kitchen and bath design service and has chosen a signage design that fits into the gable and is centered above the windows of the building front. The City's all inclusive computation for signage leaves a very large area of dead space within the design. The design is made up of three rows of logo and wording that occupies 61.41 sq ft of area and has 74.22 sq ft of blank space. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The store will be able to effectively advertise with a larger sign that meets their design aesthetic needs. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The tenant will be able to utilize their design without ill effects to the residents or other business owners in the area. Staff Report Addendum B Page 1 of 1 V21-05 BZA Meeting Page 33 of 54 April 12, 2021  Intentional Blank Page BZA Meeting Page 34 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-06 / ECB International Trust / 1137 Van Voorhis Road Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Crystal Miller of City Neon, on behalf of ECB International Trust for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 15, Tax Map 6 Parcel 37; B-1, Neighborhood Business District. SURROUNDING ZONING: North and West: PRO, Professional, Residential, and Office District. East: B-2, Service Business. South: B-1, Neighborhood Business District. BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 1137 Van Voorhis 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(i) provides a maximum sign area standard of 0.4 square feet of wall sign area for every one (1) foot of tenant building frontage in the B-1, Neighborhood Business District. The tenant’s frontage is approximately 38 linear feet allowing for a total of 15.2 square feet of wall signage. The total proposed signage is 53 square feet in Development Services area requiring variance relief of 37.8 square feet as illustrated in the table on page 2 of this staff report. Rickie Yeager, AICP Director This location previously received a variance under case V19-38. Case materials related Planning Division to V19-38 are provided in Addendum B of this report. In addition to the area variance, Section 1369.08(B) provides additional design standards for signs located in the B-1 John Whitmore, AICP District. The petitioner seeks to install a sign that will include a translucent plastic sign Senior Planner 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 1369.08(B) as shown as 389 Spruce Street illustrated in the following graphic. Morgantown, WV 26505 304.284.7431 Page 1 of 3 BZA Meeting Page 35 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Kevin Meehan 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. Wall Signage Sign Area 21 sf Development Services Rickie Yeager, AICP Director Planning Division 32 sf John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Total Permitted Sign Standards 15.2 sf Total Requested Variance 38.7 sf Page 2 of 3 BZA Meeting Page 36 of 54 April 12, 2021  MORGANTOWN BOARD OF ZONING APPEALS April 12, 2021 6:30 p.m. By Electronic Means Board Members: STAFF RECOMMENDATION: Harrison Case, Chair It is the duty of the Board of Zoning Appeals to determine whether the proposed request Chris Benison, Vice-Chair meets the standard criteria for a variance by reaching a positive determination for each of Kevin Meehan the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the Heidi Cook 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 Garrett Tomblin 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 C of this report restates the petitioner’s findings of fact. Development Services staff typically does not provide recommendation for sign variances, however in this case staff finds issue with this application. In particular, the applicant already has variance to exceed the permitted maximum sign area and the proposed additional signage will be placed in manner that does not provide advertisement to motorist traffic. Instead, Development Services staff recommends that the Board of Zoning Appeals reaffirm the findings of fact as approved under Case V19-39: 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 Development Services properties that are zoned as B-2, allowing nearby business the ability to utilize the materials/illumination the applicant is requesting. Rickie Yeager, AICP Director Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Planning Division The tenant will be able to effectively identify/advertise the business along a very busy street John Whitmore, AICP despite the large setback. Senior Planner Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed 389 Spruce Street and substantial justice done, because: Morgantown, WV 26505 304.284.7431 The 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. And condition approval of the sign area variance to no more than 21-square feet in area. Page 3 of 3 BZA Meeting Page 37 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-06 / ECB International Trust / 1137 Van Voorhis Road Staff Report Addendum A Page 1 of 2 V21-06 BZA Meeting Page 38 of 54 April 12, 2021  STAFF REPORT ADDENDUM A V21-06 / ECB International Trust / 1137 Van Voorhis Road Staff Report Addendum A Page 2 of 2 V21-06 BZA Meeting Page 39 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Table of Contents V19-39 Staff Report Page 2 of 14 V19-39 Staff Report Addendum A Page 4 of 14 V19-39 Staff Report Addendum B Page 5 of 14 V19-39 Application Page 6 of 14 V19-39 Additional Material Page 10 of 14 November 20, 2019 Page 11 of 14 Board of Zoning Appeals Minutes V19-39 Approval letter Page 13 of 14 Page 1 of 14 BZA Meeting Page 40 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 2 of 14 BZA Meeting Page 41 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 3 of 14 BZA Meeting Page 42 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 4 of 14 BZA Meeting Page 43 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 5 of 14 BZA Meeting Page 44 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 6 of 14 BZA Meeting Page 45 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 7 of 14 BZA Meeting Page 46 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 8 of 14 BZA Meeting Page 47 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 9 of 14 BZA Meeting Page 48 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 10 of 14 BZA Meeting Page 49 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 11 of 14 BZA Meeting Page 50 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 12 of 14 BZA Meeting Page 51 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 13 of 14 BZA Meeting Page 52 of 54 April 12, 2021  STAFF REPORT ADDENDUM B V21-06 / ECB International Trust / 1137 Van Voorhis Road Page 14 of 14 BZA Meeting Page 53 of 54 April 12, 2021  STAFF REPORT ADDENDUM C V21-06 / ECB International Trust / 1137 Van Voorhis Road The following restates the petitioners finding 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 tenant is moving to a wider and ground floor location in a neighboring building within the Chelsea Square PlazaThe existing sign is a 3' x 7' internally illuminated sign cabinet (will be attached to "sign band" on store front facing the back side of the adjacent property. The second sign is a non-illuminated aluminum panel with custom vinyl graphics and will be placed on the Burroughs facade street facing a PRO District. The existing sign was previously passed through variance in November 2019 for internal illumination and 9 sq ft of relief. This sign has had no ill effects on the residents or business owners in 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: This particular site has a very large setback from Van Voorhis Road, approximately 300'. Because of its location behind another property/building it is almost invisible from Van Voorhis Road. It is visible from Burrough's Street and as such, the business would like to advertise on that elevation as well as the front "sign band" of the building. 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 overcome the huge setback and a building that is tucked behind another building. New and existing clients will be able to effectively identify the new location. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The tenant will be able to effectively advertise the new location in a manner that will unobtrusive to residents or other business owners in the area. Staff Report Addendum C Page 1 of 1 V21-06 BZA Meeting Page 54 of 54 April 12, 2021