Board of Zoning Appeals

Morgantown Board of Zoning Appeals MEETING PACKET Wednesday, May 19, 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 May 19, 2021 BZA Meeting Packet Page 1  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 May 19, 2021 BZA Meeting Packet Page 2  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 May 19, 2021 BZA Meeting Packet Page 3  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 May 19, 2021 BZA Meeting Packet Page 4  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 May 19, 2021 BZA Meeting Packet Page 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 May 19, 2021 BZA Meeting Packet Page 6  MORGANTOWN BOARD OF ZONING APPEALS May 19, 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/BZA051921. 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 05/19/2021" 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. AGENDA I. CALL TO ORDER AND ROLL CALL Development Services II. MATTERS OF BUSINESS: Rickie Yeager, AICP Director A. Minutes for the March 12, 2021 Special Meeting. Planning Division B. Minutes for the March 21, 2021 Meeting. John Whitmore, AICP Senior Planner III. UNFINISHED BUSINESS: None. 389 Spruce Street IV. NEW BUSINESS: Morgantown, WV 26505 304.284.7431 A. V21-09 / Mountaineer Glass and Mirror, LLC / 230 Willowdale Road: Request by Drew Reveal on behalf of Mountaineer Glass and Mirror, Page 1 of 2 May 19, 2021 BZA Meeting Packet Page 7  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board of Zoning Appeals LLC, for variance relief from Article 1363 concerning front setbacks; Harrison Case, Chair Tax District 12, Tax Map 14, Parcel 322; R-1A, Single-Family Chris Benison, Vice-Chair Residential District. Heidi Cook B. V21-10 / Hooshyar / 1816 Sturgiss Avenue: Request by Daryoush Kevin Meehan Hooshyar for variance relief from Article 1347 concerning parking lot Garrett Tomblin design requirements; Tax District 14, Tax Map 33, Parcel 47.1; B-2, Service Business District. C. V21-11 / Hooshyar / 1816 Sturgiss Avenue: Request by Daryoush Hooshyar for variance relief from Article 1347 concerning sidewalk requirements; Tax District 14, Tax Map 33, Parcel 47.1; B-2, Service Business District. D. V21-12 / Hooshyar / 1816 Sturgiss Avenue: Request by Daryoush Hooshyar for variance relief from Article 1367 concerning landscape buffer requirements; Tax District 14, Tax Map 33, Parcel 47.1; B-2, Service Business District. E. V21-13 / Hooshyar / 1816 Sturgiss Avenue: Request by Daryoush Hooshyar for variance relief from Article 1367 concerning parking lot If you need an design requirements; Tax District 14, Tax Map 33, Parcel 47.1; B-2, accommodation, Service Business District. please contact us at 304-284-7431. F. V21-14 / Summers / 1101 Munsey Street: Request by Dolores John on behalf of Kevin and Audrie Summers for variance relief from Article 1331 concerning a proposed accessory structure’s location; Tax District 15, Tax Map 6, Parcels 28 & 28.1; R-1, Single-Family Residential District. 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 May 19, 2021 BZA Meeting Packet Page 8  BOARD OF ZONING APPEALS Special Meeting MINUTES 6:30 p.m. April 12, 2021 Virtual/Electronic Meeting MEMBERS PRESENT: Harrison Case, Chris Benison, Kevin Meehan, Garrett Tomblin MEMBERS ABSENT: Heidi Cook 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. MATTERS OF BUSINESS: Minutes from the February 17, 2020 meeting. Case stated that hearing no objections, they will be approved as submitted. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V21-02 / Elevate Expectations, LLC / 220 and 230 Beechurst Avenue: Request by Crystal Miller of City Neon, on behalf of Elevate Expectations, LLC, for variance relief from Article 1369 concerning signage; 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. Whitmore presented the Staff Report and noted the petitioner is present. Crystal Miller of City Neon stated that noted these properties are the same as have had previous sign variances approved before. They would like this sign to tie into their current branding. Case noted that this request is in line with other businesses in the same area. Being there were no other questions, Case opened the public hearing. No members of the public are present or submitted. Public hearing was closed and Staff Recommendation requested. Morgantown Board of Zoning Appeals Page 1 of 4 April 12, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 9  Benison wanted to confirm that the sign is not illuminated, and that the variance is not requested based on materials but only on area. Miller confirmed. Meehan made a motion to approve based on findings of fact. Seconded by Tomblin. Vote was unanimous. Meehan motioned to approve the variance. Seconded by Benison. Vote was unanimous. B. V21-03 / Glenmark Holdings, LLC / 1450 Earl L. Core Road: Request 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. Whitmore presented the Staff Report and noted that the petitioner is present. Ms. Miller noted that the business is proposing an internally luminated sign to increase visibility from the roadway. Case confirmed that there were illuminated signs in this building already. Case opened the public hearing. Being no members of the public and no comments the public hearing was closed and Staff Recommendation requested. Benison moved to accept findings of fact, seconded by Meehan. Vote was unanimous. Tomblin motioned to grant the variance. Seconded by Benison. Vote was unanimous. 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. Whitmore presented the Staff Report and noted the petitioner is present. Case opened the public hearing. Being no members of the public present and no comments submitted, the hearing was closed. Ms. Miller explained this is a new business in a newly renovated building and they are requesting an illuminated sign for night time hours. Miller noted the nature of the business is not cake, it is keys. Case questioned if there is a time cut off for illuminated signs downtown. Whitmore noted this is basically only for scrolling signs, but not lighting. Whitmore did not that if the sign would provide glare it would be in violation of the code. Whitmore referred to page 26 of the packet and the map, and noted that other businesses have lights on all night long. Having no further questions or discussion, Case requested the staff recommendation. Morgantown Board of Zoning Appeals Page 2 of 4 April 12, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 10  Meehan moved to approve the findings of fact, seconded by Tomblin. Vote was unanimous. Benison moved to approve the variance. Seconded by Meehan. Vote was unanimous. 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. Whitmore presented the Staff Report and noted the petitioner was present. Ms. Miller stated the sign is a stacked design of non-illuminated signage. The sign appears large but is being specifically built to fit inside the façade of the building. Case opened the public hearing. Being no members of the public present and no comments submitted, the hearing was closed. With having no questions from the Board, Case requested the staff recommendation. Meehan moved to approve the findings of fact, seconded by Benison. Vote was unanimous. Meehan moved to approve the variance. Seconded by Tomblin. Vote was unanimous. E. V21-06 / ECB International Trust / 1137 Van Voorhis Road: Request by Crystal Miller of City Neon, on behalf of Glenmark Real Estate, LLC, for variance relief from Article 1369 concerning signage; Tax District 15, Tax Map 6 Parcel 37; B-1, Neighborhood Business District. Whitmore presented the Staff Report and noted the petitioner was present. Ms. Miller explained the request in more detail. She noted the business is a mental health counseling service. Meehan wanted to clarify that the Burroughs street side will not be illuminated, and the side for the plaza will be. Miller confirmed. Whitmore confirmed that the zoning to the north is PRO and R1. He referred to the map on page 38 of the staff report. Case mentioned that he did not have an issue moving the illuminated sign to the new storefront, he is questioning the one on the back side/Burroughs. Case stated that he did not see a need for it. Miller noted there is a large directory sign. Miller stated the client is hoping for as much visibility as possible since the signage on the front is blocked. Benison confirmed that there is not an entrance on that side of the building. Whitmore noted there is a directory sign on Van Voorhis. Directional signage inside the plaza would be small, limited to name of business and address. Case opened the public hearing. Being no members of the public present and no comments submitted, the hearing was closed. With having no questions from the Board, Case requested the staff recommendation. Whitmore presented the staff report with negative findings of fact. Morgantown Board of Zoning Appeals Page 3 of 4 April 12, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 11  Whitmore noted that the signage on the back would be advertising. He stated this was similar to a Boost Mobile that signage was denied. Whitmore stated this is the way that the city avoids cluttering. Tomblin wanted to confirm that if they increased the size of the current sign, that it would not be able to be seen from Van Voorhis. Case confirmed. Case asked Ms. Miller if she had another option to bring to the board, or if she would like to table until another option was discussed. Whitmore stated the best option would be to have this application postponed by the applicant, and that way they could come back at another time. He stated that with this being a special meeting, there would not be enough time to advertise before our next meeting. Whitmore noted that since they have already received variance relief for their current sign, they could go ahead and move their existing sign now, and wait to hear the other option at another meeting. Miller proposed to postpone this hearing. There were no objections to this. The chair moved to postpone at the request of the applicant. Seconded by Tomblin. Vote was unanimous. V. ANNOUNCEMENTS: Whitmore introduced Mr. Rickie Yeager. Yeager thanked Whitmore for being Interim Director and for all the work he has done with the board. Case welcomed Yeager and also thanked Whitmore for the excellent job he has done. Case mentioned something for consideration and maybe a study session, but for the City to look at the zoning code and whether this is helping or hurting the City. Case stated his plan, if everyone is interested, is doing a study session. Case will follow up with Whitmore in the next few weeks to possibly get the ball rolling. Whitmore noted there are council members interested in inclusionary zoning. He stated there is a comprehensive planning process to begin in the near future. Whitmore stated he welcomes more discussion on this topic. VI. ADJOURNMENT: Benison moved to adjourn. 7:15 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ John Whitmore, AICP Morgantown Board of Zoning Appeals Page 4 of 4 April 12, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 12  BOARD OF ZONING APPEALS Special Meeting MINUTES 6:30 p.m. April 21, 2021 Virtual/Electronic Meeting MEMBERS PRESENT: Harrison Case, Chris Benison, Kevin Meehan, Garrett Tomblin, Heidi Cook MEMBERS ABSENT: 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. MATTERS OF BUSINESS: Minutes from the April 21, 2021 meeting have been postponed. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V21-07 / Chick-fil-A / 334 Patterson Drive: Request by Chad Baker on behalf of Chick-fil-A, for variance relief from Article 1367 concerning parking lot design; Tax District 15, Tax Map 10, Parcel 88; B-2, Service Business District. Whitmore presented the staff report and noted the petitioner is present. Chad Baker, Chic Fil A 200 Buffington Road, Atlanta Ga. Jason Tai, Chic Fil A, Engineer. Mr. Tai stated that they regularly review all their stores to determine things to make them work better. After review, there is a lot of remodeling needing done at this location. Included would be general remodel including the kitchen and drive through areas. Drive through would include the canopy to protect team members while working/taking orders and the parking areas. Two drive through lanes would be added as well as an ordering canopy. Because of this addition, the parking areas need revamped. Mr. Tai stated that the terminal island was not going to work well with this parking area due to space limitations. Mr. Tai stated that the large trucks for deliveries would not be able to navigate with the island. Case noted that this explanation was very helpful. Case confirmed with Mr. Tai the areas on the map included in the packet. Mr. Benison discussed the pedestrian throughway on the map, confirming that it is a raised sidewalk and Mr. Tai confirmed. Ms. Cook confirmed that the striping areas were to provide fire truck access and Mr. Tai confirmed this is correct. Mr. Benison noted that this arrangement will promote efficient traffic flow and would promote overall safety with vehicular and pedestrian traffic. Mr. Case asked that the idea of the island was to discourage traffic speed and asked if there was any other device considered that would allow the island as well as the fire engines. Mr. Tai stated that was not considered as part of Morgantown Board of Zoning Appeals Page 1 of 3 April 21, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 13  the design initially. Mr. Meehan asked again if the sidewalk was raised all the way to the building for safety. Mr. Tai confirmed there is a raised sidewalk and where it crosses the road there is a striped area. Ms. Cook noted there was nothing in the finding of fact mentioning striping and wanted to know if we needed to make this mandatory. Mr. Whitmore stated the parking area is being evaluated through a Type II site plan. Whitmore noted that this could be added as a condition. Case agrees this would be a good idea and could also contain proper signage to protect pedestrian crosswalk. Mr. Tai stated that he would not object to these conditions. Mr. Benison noted that reflective paint would be good especially for winter hours. Mr. Whitmore noted that this is veering into the Engineering realm and could note this in the recommendations section we could refer these to the City Engineer. Case noted that a condition that striping is implemented in the plan and second that appropriate signage and other safety measures be installed with the City Engineer. Case opened the public hearing. Being that there is no one present, asked for the staff recommendation. Cook moved to accept the findings of fact as stated in the report. Benison seconded. Vote was unanimous. Cook moved to approve the variance with conditions discussed and approved by the City Engineer. Seconded by Meehan. Vote was unanimous. B. V21-08 / Suburban Lanes, LLC / 735 Chestnut Ridge Road: Request by Crystal Miller of City Neon, on behalf of Suburban Lanes, LLC, for variance relief from Article 1369 concerning signage; Tax District 10, Tax Map 41, Parcel 245; B-2, Service Business District. Whitmore presented the staff report and noted the petitioner is present. Rudy Huffert with City Neon. Mr. Huffert noted that Keglers is expanding their clubhouse area and would like to change the main entrance area. They would like to replace temporary signage with a more permanent sign. Ms. Cook asked Mr. Whitmore about the standard signage per door entrance. Whitmore stated that you have to have a window or doorway associated with the wall. This is a unique circumstance in that they have a lot of doors. The applicant noted this would be the main entrance, so this would be sufficient for the signage. The board asked if Keglers II, Keglers and the Clubhouse are the same business or if this is separate. The applicant confirmed that the business would like permanent signage that would be the main entrance and provide wayfinding for customers and once placed the banners would be removed. Whitmore stated that the temporary sign permits are not being enforced at this time, but will eventually end. He further stated that property owners could apply for a banner permit, which would be approved. Whitmore doesn’t believe that this is something we would be able to make as a condition. Whitmore stated that signage has an allotted area, and they would have to conform to this ordinance. Case opened the public hearing. Being that there is no one present or through email and asked for the staff recommendation. Morgantown Board of Zoning Appeals Page 2 of 3 April 21, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 14  Case asked for a motion for the findings of fact. Cook moved to accept the findings of fact as stated in the report. Benison seconded. Vote was unanimous. Cook moved to grant the variance. Meehan seconded. Vote was unanimous. Variance has been granted and the petitioner will receive information in the mail in the next few days. V. ANNOUNCEMENTS: Whitmore noted that V21-06 which was postponed earlier this month, has since been withdrawn so will not be on the next agenda. Whitmore noted that Mr. Yeager is on the call. Mr. Yeager had nothing to add to the meeting at this time and thanked everyone for their participation. VI. ADJOURNMENT: Benison moved to adjourn. 7:24 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ John Whitmore, AICP Morgantown Board of Zoning Appeals Page 3 of 3 April 21, 2021 Minutes DRAFT May 19, 2021 BZA Meeting Packet Page 15  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: STAFF REPORT Harrison Case, Chair Chris Benison, Vice-Chair CASE NO: V21-09 / Mountaineer Glass and Mirror, LLC / 230 Willowdale Road Kevin Meehan Heidi Cook REQUEST and LOCATION: Garrett Tomblin Request by Drew Reveal on behalf of Mountaineer Glass and Mirror, LLC, for variance relief from Article 1363 concerning front setbacks. TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax District 12, Tax Map 14, Parcel 322; R-1A, Single-Family Residential District. SURROUNDING ZONING: R-1A, Single-Family Residential District. BACKGROUND and ANALYSIS: The petitioner seeks to enclose the existing front porch for the principal building located at 230 Willowdale Road. Addendum A of this report illustrates the location of the subject site. Section 1335.05(3) permits front porches attached to single-family dwellings to extend into the front setback, with a provision requiring that enclosed front porches meet normal setback requirements for the R-1A, District is shown below: Development Services 230 Willowdale Road is located on a developed block, where over seventy-five percent Rickie Yeager, AICP (75%) of the parcels on the same side of the street are developed with principal Director buildings. Section 1363.03(c)(1)(a) provides a method to establish front setbacks in Planning Division residentially zoned districts for parcels that in developed blocks as provided on Page 2 of this report. John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 May 19, 2021 BZA Meeting Packet Page Page 16 1 of 2  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Kevin Meehan Heidi Cook Garrett Tomblin In establishing the front setback, Section 1363.03(c)(a)(1) requires that the average front building line for 230 Willowdale Road be computed based on the two adjacent principal buildings that front Willowdale Road. 236 and 234 Willowdale Road are the two principal buildings adjacent to 230 Willowdale Road with the same side of the road orientation. 236 Willowdale Road is presumed to have a frontage of 25 feet +/-. 234 Willowdale Road is presumed to have a frontage of 11.6 feet +/-. Based on Section 1363.03(c)(1)(a) requirements, 230 Willowdale Road’s minimum front setback is 12.3-feet and maximum front setback is 24.3-feet. The applicant seeks to enclose the front porch of 230 Willowdale Road which is located approximately 10.3-feet from the front parcel boundary. As such, the improvements require a variance to encroach into the front setback two (2) feet. 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 Development Services petitioner’s “Findings of Fact” and determines the proposed request does not meet the Rickie Yeager, AICP standard criteria for a variance, then the Board must state findings of fact and conclusions Director 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)]. Planning Division Addendum B of this report provides staff suggested edits to the petitioner’s Findings of John Whitmore, AICP Fact responses (deleted matter struck-though; new matter underlined). Staff edits should not Senior Planner be considered or construed as supporting or opposing the subject variance petition. Staff provides no recommendation regarding the requested variance relief. 389 Spruce Street Morgantown, WV 26505 304.284.7431 May 19, 2021 BZA Meeting Packet Page Page 17 2 of 2  STAFF REPORT ADDENDUM A V21-09 / Mountaineer Glass and Mirror, LLC / 230 Willowdale Road Staff Report Addendum A Page 1 of 2 V21-09 May 19, 2021 BZA Meeting Packet Page 18  STAFF REPORT ADDENDUM A V21-09 / Mountaineer Glass and Mirror, LLC / 230 Willowdale Road Staff Report Addendum A Page 2 of 2 V21-09 May 19, 2021 BZA Meeting Packet Page 19  STAFF REPORT ADDENDUM B V21-09 / Mountaineer Glass and Mirror, LLC / 230 Willowdale Road The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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 variance is filling openings that already exist, and will be similar to adjacent property owners. No construction will be taking place. 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 topography of the property limits the ability to close in the porch. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: It will limit road noise and dirt, and greatly increase the energy efficiency in the lower level of the residence. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The property will continue to be used as a single family residence. Staff Report Addendum B Page 1 of 1 V21-09 May 19, 2021 BZA Meeting Packet Page 20  V21-09 May 19, 2021 BZA Meeting Packet Page 21  V21-09 May 19, 2021 BZA Meeting Packet Page 22  V21-09 May 19, 2021 BZA Meeting Packet Page 23  V21-09 May 19, 2021 BZA Meeting Packet Page 24  V21-09 May 19, 2021 BZA Meeting Packet Page 25 May 19, 2021 BZA Meeting Packet Page 26 V21-09  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair COMBINED STAFF REPORT Chris Benison, Vice-Chair Kevin Meehan CASE NOs: V21-10, V20-11, V20-12, and V20-13 / Hoosyhar / 1816 Sturgiss Avenue Heidi Cook Garrett Tomblin REQUEST and LOCATION: Request by Daryoush Hooshyar for variance from Section 1347.06 of the Planning and Zoning Code pertaining to parking lot design, Section 1347.07 related to sidewalks, Section 1367.08 related to buffer and screening requirements, and Section 1367.08 related to parking lot landscaping requirements for property located at 1816 Sturgiss Avenue. TAX MAP NUMBER (s) and ZONING DESCRIPTION: Tax District 14, Tax Map 33, Parcel 47.1, B-2, Service Business District. SURROUNDING ZONING: North, South and West: B-2, Service Business District. East: PRO, Professional, Residential, and Office District. BACKGROUND: The petitioner seeks to reestablish a “Retail Sales Establishment” use at 1816 Sturgiss Avenue (previously identified as 1820 Sturgiss Avenue) as the previous use of the property has been abandoned. Addendum A of this report illustrates the location of the subject site. Since October 5, 2020, Development Services Department staff have been in conversation with Daryoush Hooshyar regarding development at 1816 Sturgiss Avenue, the location of a former NAPA. Mr. Hooshyar and his tenants seek approval to use the site, requiring development of site infrastructure. The petitioner seeks variance from four provisions of the Planning and Zoning Code three variance requests are primarily related to the parking lot on-site and another variance request is related to required sidewalks. ANALYSIS: Development Services Rickie Yeager, AICP Case No. V21-10 – Landscape Buffer Director Section 1367.08(c) of the Planning and Zoning Code states the following landscaping Planning Division requirement when parking spaces are located between the building and the street: John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 5 May 19, 2021 BZA Meeting Packet Page 27  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Kevin Meehan Heidi Cook Garrett Tomblin The location of the existing nonconforming structure limits the ability to comply with subsection 2 of this code section, as the structure is less than six (6) feet from the rear parcel boundary. The existing paved area limits development of the remaining required buffer. Case No. V20-11 – Parking Lot Landscaping Section 1367.08(d)(3) of the Planning and Zoning Code states the following landscaped island requirement for rows of parking spaces in a parking lot: The applicant proposes the use of painted lines denoting no parking in place of traditional terminal landscaped islands. Development Services Case No. V21-12 – Parking Lot Design Rickie Yeager, AICP Director Section 1347.06(b) of the Planning and Zoning Code states the parking lot design standard: Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street The parcel is a corner lot, with frontage established along the twenty (20) foot wide Morgantown, WV 26505 roadway located to the north of the parcel. This boundary being the shortest street side, 304.284.7431 is identified at the frontage as provided in the definition of “Lot front”: Page 2 of 5 May 19, 2021 BZA Meeting Packet Page 28  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Kevin Meehan Heidi Cook Garrett Tomblin The applicant proposes the installation of the “Retail Sales Establishments” parking between the front façade and the twenty (20) foot wide roadway located to the north of the parcel. Case No. V21-13 – Sidewalks Section 1347.07(f) of the Planning and Zoning Code requires a six (6) foot wide sidewalk placed along the frontage of the parcel, as provided below: The petitioner is required per the Planning and Zoning Code to provide the required sidewalk along the frontage of the parcel along the northern parcel boundary. Staff recommends that the Board, without objection from members of the Board, the petitioner, or the public, combine the public hearings for the variance petitions presented herein. However, each respective petition must be considered and acted upon by the Board separately. STAFF RECOMMENDATION: The Board of Zoning Appeals must determine whether the proposed requests meet 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 Development Services 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- Rickie Yeager, AICP 8-11(e) and 8A-7-11(b)]. Director Planning Division Again, each variance petition must be considered and acted upon by the Board separately. John Whitmore, AICP Addendum B of this report restates the petitioner’s submitted findings of fact responses. Senior Planner Case No. V21-10 – Landscape Buffer 389 Spruce Street Morgantown, WV 26505 Staff recommends variance relief from Section 1367.08(C) be granted to eliminate 304.284.7431 landscaping required for the southern/ rear side of the parcel. Staff recommends that the Page 3 of 5 May 19, 2021 BZA Meeting Packet Page 29  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair remaining landscape buffer requirements be maintained, as the petitioner is unable to Chris Benison, Vice-Chair establish special conditions or attributes which pertain to the property which would limit Kevin Meehan the development of said landscape buffers. Heidi Cook Staff provides the following findings of fact to establish this recommendation: Garrett Tomblin 1. The variance will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents because the nonconforming structure is in existence and has not infringed on neighboring property owners’ health, safety or other rights to date. 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 existing nonconforming structure pre-dates current property ownership. 3. The variance will eliminate an unnecessary hardship and permit a reasonable use of the land as the pre-existing nonconforming structure limits conformance with the rear yard buffer requirement. 4. The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because as commercial use of the property will be enabled in keeping with the B-2, Service Business District purpose and permitted land-uses Case No. V21-11 – Parking Lot Landscaping Staff recommends denial of the Parking Lot Landscaping variance request and provides the following negative findings of fact on which to base this decision: Negative Finding of Fact No. 1 - The variance will adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because the physical design of the parking lot as designed by the petitioner provides opportunities for pedestrian and motor vehicle conflicts, which can be alleviated with the required landscape islands. Negative Finding of Fact No. 2 - The variance does not arise 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 site can physically accommodate the installation of the required landscape islands and the variance is sought to eliminate an economic hardship on the part of the petitioner. Development Services Negative Finding of Fact No. 3 - The variance will not eliminate an unnecessary hardship Rickie Yeager, AICP and will not permit a reasonable use of the land, because the parking lot design Director requirements by themselves are not a hardship and it is reasonable for the public to expect required interior landscaping designs for parking lots as opposed to large expanses of Planning Division asphalt. John Whitmore, AICP Negative Finding of Fact No. 4 - The variance will not allow the intent of the zoning Senior Planner ordinance to be observed and substantial justice done, because the landscape island requirement can be met on this site, limits Planning and Zoning Code desired interior 389 Spruce Street landscaping opportunities, and will affect vehicular movement on-site. Morgantown, WV 26505 304.284.7431 Case No. V21-12 – Parking Lot Design Page 4 of 5 May 19, 2021 BZA Meeting Packet Page 30  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Staff recommends approval of variance V21-12 as an ordinance required parking Chris Benison, Vice-Chair design does not appear to be feasible on this site without requiring variance relief. Kevin Meehan Staff provides the following findings of fact to establish this recommendation: Heidi Cook 1. The variance will not adversely affect the public health, safety or welfare, or the rights Garrett Tomblin of adjacent property owners or residents because the location of the off-street parking lot would not damage the purpose of the B-2, Service Business District and are already off-set from the primary vehicle corridor. 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 existing nonconforming structure pre-dates current property ownership and limits the location of any off-street parking on-site. 3. The variance will eliminate an unnecessary hardship and permit a reasonable use of the land as the pre-existing nonconforming structure limits the ability to place any off- street parking on-site in conformance with the B-2, Service Business District requirements. 4. The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because as commercial use of the property will be enabled in keeping with the B-2, Service Business District purpose and permitted land-uses. Case No. V21-13 – Sidewalks Staff recommends denial of the sidewalk variance request and provides the following negative findings of fact on which to base this decision: Negative Finding of Fact No. 1 - The variance will adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents, because the installation of this infrastructure is physically possible and negatively affects mobility and safety of pedestrians that would access this site. Negative Finding of Fact No. 2 - The variance does not arise 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 site can physically accommodate the installation of the required six-foot wide sidewalk and the variance is sought to eliminate an economic hardship on the part of the petitioner. Development Services Negative Finding of Fact No. 3 - The variance will not eliminate an unnecessary hardship Rickie Yeager, AICP and will not permit a reasonable use of the land, because there is no non-self-imposed Director hardship established with the installation of required sidewalks and limits pedestrian access to the site. Planning Division Negative Finding of Fact No. 4 - The variance will not allow the intent of the zoning John Whitmore, AICP ordinance to be observed and substantial justice done, because the sidewalk requirement Senior Planner can be met on this site and the granting of this variance will encourage other property owners to seek relief from having to provide necessary infrastructure for reasons unrelated 389 Spruce Street to physical real property attributes. Morgantown, WV 26505 304.284.7431 Page 5 of 5 May 19, 2021 BZA Meeting Packet Page 31  COMBINED STAFF REPORT ADDENDUM A V21-10, V21-11, V21-12, & V21-13 / Hooshyar / 1816 Sturgiss Avenue Staff Report Addendum A Page 1 of 2 V21-10, V21-11, V21-12, & V21-13 May 19, 2021 BZA Meeting Packet Page 32  COMBINED STAFF REPORT ADDENDUM A V21-10, V21-11, V21-12, & V21-13 / Hooshyar / 1816 Sturgiss Avenue Staff Report Addendum A Page 2 of 2 V21-10, V21-11, V21-12, & V21-13 May 19, 2021 BZA Meeting Packet Page 33  COMBINED STAFF REPORT ADDENDUM B V21-10/ Hooshyar / 1816 Sturgiss Avenue The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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: No change or disturbing will be done on the proposed property. 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: No change will be done by the applicant. Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The existing condition of the property and surrounding properties Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: It will create a business and using the property instead of vacant space V21-11/ Hooshyar / 1816 Sturgiss Avenue The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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: No change or disturbing will take place 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: Variance arises due to existing structure and existing paved parking area Staff Report Addendum B Page 1 of 3 V21-10, V21-11, V21-12, & V21-13 May 19, 2021 BZA Meeting Packet Page 34  Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Variance will let owner be able to use his property usefully and economically operable. Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Change property to operable business unit with income providing to the city and owner V21-12 / Hooshyar / 1816 Sturgiss Avenue The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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: I am not change the existing structure or parking site 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: No change will take place Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The existing situation Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Operate a business to bring job and income to the city, owner can make use of his property V21-13 / Hooshyar / 1816 Sturgiss Avenue Staff Report Addendum B Page 2 of 3 V21-10, V21-11, V21-12, & V21-13 May 19, 2021 BZA Meeting Packet Page 35 The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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: Am not disturbing or changing to the current condition as what it is now 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: No change will take place Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: Of the existing situation, with variance it make possible to make useful use of the property Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: Operate a business and economically being used instead of being vacant Staff Report Addendum B Page 3 of 3 V21-10, V21-11, V21-12, & V21-13 May 19, 2021 BZA Meeting Packet Page 36 May 19, 2021 BZA Meeting Packet Page 37 May 19, 2021 BZA Meeting Packet Page 38 May 19, 2021 BZA Meeting Packet Page 39 May 19, 2021 BZA Meeting Packet Page 40 May 19, 2021 BZA Meeting Packet Page 41 May 19, 2021 BZA Meeting Packet Page 42 May 19, 2021 BZA Meeting Packet Page 43 May 19, 2021 BZA Meeting Packet Page 44 May 19, 2021 BZA Meeting Packet Page 45 May 19, 2021 BZA Meeting Packet Page 46 May 19, 2021 BZA Meeting Packet Page 47 May 19, 2021 BZA Meeting Packet Page 48 May 19, 2021 BZA Meeting Packet Page 49 May 19, 2021 BZA Meeting Packet Page 50 May 19, 2021 BZA Meeting Packet Page 51  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair STAFF REPORT Chris Benison, Vice-Chair Kevin Meehan CASE NOs: V21-14 / Summers / 1101 Munsey Street Heidi Cook Garrett Tomblin REQUEST and LOCATION: Request by Dolores John on behalf of Kevin and Audrie Summers for variance from Section 1331.08 of the Planning and Zoning Code pertaining to accessory structure location requirements for corner lots for property located at 1101 Munsey Street. TAX MAP NUMBER (s) and ZONING DESCRIPTION: Tax District 15, Tax Map 6, Parcels 28 and 28.1, R-1, Single-Family Residential District. SURROUNDING ZONING: R-1, Single-Family Residential District. BACKGROUND and ANALYSIS: The petitioner seeks to install a swimming pool and pool house that require variance relief from accessory structure provisions of the Planning and Zoning Code. Addendum A of this report illustrates the location of the subject site. This site was recently developed with Minor Subdivision MNS18-16 providing consolidation of Parcels 28 and 28.1 via deeded covenant, as provided by the Planning and Zoning Code. The development proposed would be on lands identified as Parcel 28.1 for the purposes of property taxation, but not for planning and zoning purposes. Case No. V21-14 – Accessory structure location Section 1331.08(a)(4) of the Planning and Zoning Code requires that accessory structures developed on corner lots are not permitted to be located between the principal structure and a street: Development Services Rickie Yeager, AICP Director The proposed pool house and swimming pool are to be located between the principal structure (1101 Munsey Street) and Windsor Avenue, necessitating Planning Division variance relief. Location data is provided on Page 2 of this report. John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 May 19, 2021 BZA Meeting Packet Page 52  MORGANTOWN BOARD OF ZONING APPEALS May 19, 2021 6:30 p.m. By Electronic Means Board Members: Harrison Case, Chair Chris Benison, Vice-Chair Kevin Meehan Heidi Cook Garrett Tomblin STAFF RECOMMENDATION: The Board of Zoning Appeals must determine whether the proposed requests meet 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 restates the petitioner’s submitted findings of fact responses. Rickie Yeager, AICP Director Staff recommends variance relief from Section 1331.08(a)(4) be granted as requested without conditions as there is no rear yard available on this parcel that would permit an Planning Division accessory building to be built on-site in compliance with the Planning and Zoning Code. John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 May 19, 2021 BZA Meeting Packet Page 53  STAFF REPORT ADDENDUM A V21-14 / Summers / 1101 Munsey Street Staff Report Addendum A Page 1 of 2 V21-14 May 19, 2021 BZA Meeting Packet Page 54  STAFF REPORT ADDENDUM A V21-14 / Summers / 1101 Munsey Street Staff Report Addendum A Page 2 of 2 V21-14 May 19, 2021 BZA Meeting Packet Page 55  STAFF REPORT ADDENDUM B V21-14 / Summers / 1101 Munsey Street The following revisions are recommended to the petitioner’s findings of fact responses (deleted matter struck-though; new matter underlined). 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 accessory structure is residential in nature and is effectively screened from the side street and neighboring properties by fencing and evergreen landscaping. 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 front of the residence must face the street (and the residence on the subject property complies) and the size and configuration of the lot would not allow space in the rear yard to accommodate an accessory structure Finding of Fact No. 3 – The variance will eliminate an unnecessary hardship and permit a reasonable use of the land, because: The accessory structure is a reasonable use in a residential district Finding of Fact No. 4 – The variance will allow the intent of the zoning ordinance to be observed and substantial justice done, because: The proposed accessory use structure is compliant with the residential nature of the neighborhood; is attractive in nature; and is effectively screened from the street and neighboring properties. Staff Report Addendum B Page 1 of 1 V21-14 May 19, 2021 BZA Meeting Packet Page 56 May 19, 2021 BZA Meeting Packet Page 57 May 19, 2021 BZA Meeting Packet Page 58 May 19, 2021 BZA Meeting Packet Page 59 May 19, 2021 BZA Meeting Packet Page 60  SUMMERS RESIDENCE 1101 MUNSEY STREET MORGANTOWN, WV 26505 VICINITY PLAN PHOTO 2 PHOTO 4 COVER SHEET PHOTO 1 PHOTO 3 PHOTO 5 SUMMERS RESIDENCE 1101 MUNSEY STREET MORGANTOWN, WV 26505 DATE: 03.29.2021 SCALE: DRAWN BY: A.R. CHECKED BY: D.J. May 19, 2021 BZA Meeting Packet A-0.0 Page 61  EXISTING FENCE PHOTO 5 EXISTING PLANT BED PROPOSED HOT TUB PROPOSED POOL AND POOL 8'-0" X 8'-0" 10' - 8 3/4" EXISTING PORCH PLANTING TREE PHOTO 4 PROPOSED PROPOSED POOL POOL HOUSE PROPOSED 14'-0" X 30'-0" PERGOLA WW EXISTING FENCE APPROX. 298 SF TREE 15' - 0" EXISTING TERRACE WINDSOR AVENUE DOUGLAS STREET EXISTING RESIDENCE HEDGE PLANTING TREE HOUSE EXISTING DRIVEWAY EXISTING PLANT BED LAWN TREE EXISTING PORCH PHOTO 1 EXISTING PLANT BED SUMMERS RESIDENCE EXISTING FENCE OT PH O2 MUNSEY STREET 1101 MUNSEY STREET MORGANTOWN, WV 26505 PHOTO 3 DATE: 03.29.2021 SCALE: 1/8" = 1'-0" DRAWN BY: KJT CHECKED BY: DJ May 19, 2021 BZA Meeting Packet S-1.0 Page 62 From: "Joan R. Gibson" <botanyjrg@frontier.com> Date: May 7, 2021 at 1:04:24 PM EDT To: Barbara McDonald <bmcdonald@morgantownwv.gov> Subject: V21-14/Summers/1101 Munsey St. I received a notification of the variance request from the Summers family at 1101 Munsey Street. Since I had heard they wanted to install a swimming pool, I phoned the city number to inquire. That was the subject of the meeting on May 19. There was also a sign along their property. My property is 1104 Koontz Avenue (the old Koontz farm which my parents purchased in 1937 and which I inherited). It is diagonally opposite the Summers property. As I told the very nice woman w/ whom I spoke, I have no problem with them installing a swimming pool. Although I will not participate in the meeting, as a nearby property owner, I vote to allow them to install a swimming pool. There is already another one nearby on Koontz Ave. Sincerely, Dr. Joan R. Gibson 1104 Koontz Ave. Morgantown, WV 26505 May 19, 2021 BZA Meeting Packet Page 63