Board of Zoning Appeals

BOARD OF ZONING APPEALS SPECIAL MEETING MINUTES 6:30 p.m. July 7, 2021 Virtual/Electronic Meeting MEMBERS PRESENT: Harrison Case, Kevin Meehan, Chris Benison, Heidi Cook, Garrett Tomblin MEMBERS ABSENT: Absent STAFF: Rickie Yeager, City of Morgantown I. CALL TO ORDER AND ROLL CALL: Case called the meeting to order and read the pre-meeting announcement. Case confirmed that there were no members of the public present. II. MATTERS OF BUSINESS: III. UNFINISHED BUSINESS: IV. NEW BUSINESS: V21-17 / Glenmark Holding, LLC / 225 Don Knotts Blvd. and 245 University Avenue: Request by Mark Nesselroad on behalf of Glenmark Holding, LLC for variance relief from Article 1367 concerning parking lot landscaping requirements; Tax District 9, Tax Map 49, Parcels 1, 25 and 25.1; B-2, Service Business District. Yeager presented the staff report and noted that the petitioner was present. Mr. Mike Saab introduced himself to the board. Mr. Saab explained that they have acquired an additional property (formerly Aldi) and are trying to put parking on both sides of the property. He stated that in the process of doing this, some of the islands need removed and replaced in different areas. Mr. Case noted that all of these accommodations to the parking area sound good, but questioned maybe adding a walkway to the trail? Case stated that since this is a significant investment, it may be nice to add access to the trail for pedestrian tracking. Case stated that if they are looking at ways to get the variance approved, it may be beneficial to do the path to the trail and in the process remove one of the islands. Case asked if Glenmark will be adding any other plantings to the area during renovation. Mr. Saab mentioned that with the terrain in this area, it will be a challenge to install a ADA compliant pedestrian pathway. Mr. Case mentioned the slope between Don Knotts and these parcels has always destroyed this parking lot. Case asked if this issue has been addressed. Mr. Saab noted that additional storm drains have been added to remedy this situation. Ms. Cook was appreciative of the access to the rail trail access and plantings as she was also going to address this. Mr. Meehan also was in agreement with these suggestions. Benison had no questions at this time. Morgantown Board of Zoning Appeals Page 1 of 3 July 7, 2021, Minutes DRAFT  Mr. Case agreed with Mr. Meehan stating this is going to be an improvement. Mr. Case mentioned that he can not support the variance without attention to pedestrian traffic. Mr. Case noted it’s a great project, but supports postponing the hearing and seeing if anything could be worked out. STAFF RECOMMENDATION: It is the duty of the Board of Zoning Appeals to determine whether the proposed request meets the standard criteria for a variance by reaching a positive determination for each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the petitioner’s “Findings of Fact” and determines the proposed request does not meet the standard criteria for a variance, then the Board must state findings of fact and conclusions of law on which it bases its decision to deny the subject variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)]. Addendum C of this report provides staff suggested edits to the petitioner’s Findings of Fact responses (deleted matter struck-though; new matter underlined). Staff edits should not be considered or construed as supporting or opposing the subject variance petition. Staff provides no recommendation with respect to the petitioner’s request; however, in the event the Board of Zoning Appeals grants relief to the petitioner, staff recommends the following conditions be stipulated: 1. Commercial grade wheel stops shall be installed in the new (diagonal) parking spaces north of the former auto repair shop (as shown in Addendum B) to mitigate potential traffic and maneuverability issues with respect to the one-way drive isle north and south of said spaces. 2. If either property is sold to another party in the future, the current owner shall seek approval to modify the existing parcel boundaries by Minor Subdivision from the City’s Planning Commission. Additionally, the current or future owner shall seek to install a landscape buffer between both properties in accordance with the following planning and zoning code requirement or request variance relief from the Board of Zoning Appeals: Article 1367.08 (c)(2): A six-foot side and rear yard buffer shall be provided that shall contain at least one two-inch caliper tree for every 20 feet and three shrubs of at least three gallons in size clustered between each two trees. Mr. Benison asked if the separate parcels are supposed to be combined. Mr. Yeager noted that there is no plan at this time to combine these properties. Mr. Case asked the board if they are inclined to approve the variance as it is written. Mr. Benison stated he appreciates the point made about the pedestrian access. Ms. Cook likes the idea of the trail and is inclined to wait on it if access to the trail could be provided. Mr. Meehan would like pedestrian access built in as one of the conditions. Mr. Saab stated that it will be better to add as a staff recommendation provided it does not have to be ADA compliant. Mr. Case stated he was not able to do that. Mr. Saab is not understanding why this needs to be a condition considering there are other properties in the area that do not have this as one of their conditions. He states the grade will make it tough to meet the ADA requirements. Mr. Case noted that he did not think that this would be that big of a deal based on how the property is laid out. Morgantown Board of Zoning Appeals Page 2 of 3 July 7, 2021, Minutes DRAFT  Mr. Saab stated to make this a condition of the approval. Mr. Saab stated that he had planned to add some decking behind the other building, and this is going to make it a little more difficult with spacing. Mr. Saab asked if the city was going to grant access to the trail. He stated that his property ends approximately 40 feet away from the trail. Yeager stated he would check with the City Engineer on this issue. Mr. Saab again asked to mark this project as approved with a conditional approval added to the staff recommendation. Mr. Case stated that as long as everyone is in agreement they could move forward. Cook, Meehan and Benison say adding this condition is a good addition. Case opened the public hearing. Being no one present, the hearing was closed. Case moved to adopt the findings of fact, numbers 1,2,3,4 that were submitted by the petitioner. Also, a 5th finding of fact reading as follows: the applicant will provide pedestrian access to the Caperton rail trail in consultation with the appropriate agencies of the City. Ms. Cook seconded. Vote was unanimous. Case moved to grant the variance requested in this case with the staff recommendation, as well as a third condition which reads as follows: the applicant must provide pedestrian access from the parcels to the Caperton rail trail in consultation with appropriate agencies of the City. The vote was unanimous. Mr. Case noted that the board has granted the variance with the conditions set forth. Mr. Case stated that Mr. Yeager will have these mailed in the next couple days. V. ANNOUNCEMENTS: Mr. Yeager reminded that the next meeting will be in person and that we have a full agenda. He further stated he is looking forward to meeting everyone in person. VI. ADJOURNMENT: Meeting adjourned 7:30 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Board of Zoning Appeals Page 3 of 3 July 7, 2021, Minutes DRAFT