Board of Zoning Appeals
Regular MeetingMorgantown, WV · September 15, 2021
Minutes
BOARD OF ZONING APPEALS
SPECIAL MEETING MINUTES
6:30 p.m. September 15, 2021 Council Chambers
MEMBERS PRESENT: Kevin Meehan, Chris Benison, Heidi Cook, Garrett Tomblin
MEMBERS ABSENT: none
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: Approval of July 21, 2021 meeting minutes were postponed.
III. UNFINISHED BUSINESS:
IV. NEW BUSINESS:
A. V21-31 / City Neon / 48 Donley Street: Request by Crystal Miller on behalf of Bocci, LLC for
variance relief from Article 1369 regarding signage; Tax District 9, Tax Map 28, Parcel 17, B-4,
General Business District.
Yeager presented the staff report and noted that the petitioner was present.
Crystal Miller, City Neon, Chaplin Road, Morgantown. She reviewed the request, and stated the
owner would like to install a larger sign internally lighted with LED.
Benison opened the public hearing. Being none, public hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff provides no recommendation for the case presented in this staff report.
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Tomblin moved to accept the findings of fact stated in the packet, seconded by Cook.
Benison confirmed there were no conditions associated. Vote was unanimous. Motion by
Cook to grant the variance, seconded by Meehan. Vote was unanimous. Ms. Miller will
receive written notice of this decision within seven days.
B. CU21-04 / Davis / 1137 Van Voorhis Road: Request by Jason Davis on behalf Kyumeai Ju Jitsu,
LLC for a conditional “Recreational Facility, Commercial, Indoor” use; Tax District 16, Tax Map 6,
Parcel 43, B-1, Neighborhood Business District and PRO, Professional, Residential and Office
District.
Yeager presented the staff report and noted the petitioner was present.
Jason Davis, 625 O’Dell Street. He stated that he proposes to use this space as a martial arts studio.
The space is currently used as a yoga studio and he will be leasing from them. Benison confirmed
the business hours are like what the business is currently in the space now and that parking is not
an issue.
Benison opened the public hearing, being none, public hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see Addendum B to review the findings of fact listed. Note, staff did not make any
comments or modifications to the findings of fact listed.
Staff recommends approval of the conditional use described above, as it is compatible with
the mix of uses already present in the shopping center and will not adversely impact parking
availability (given the size of the martial arts studio and proposed hours of operation). Note,
if the conditional use is approved it shall only apply to the proposed location (1,603 sq. ft.
space) to be occupied by the martial arts studio. Should the use in that space change, it may
or may not require review/approval from the Board of Zoning Appeals.
Cook moved to accept the findings of fact as presented, seconded Tomblin. There are no
conditions associated with this application except as related to expansion as mentioned in
the packet. Cook moved to approve with the noted conditions, seconded by Tomblin. Vote
was unanimous. Conditional use has been approved. Petitioner will receive written notice
of this decision within seven days.
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C. CU21-05 / KaeJae’s – Bosley / 226 High Street: request by Kaile Bosley on behalf of KaeJae’s
Sports Bar and Grill for a conditional “Restaurant, Private Club” use; Tax District 11, Tax Map 26A,
Parcels 137 and 138, B-4, General Business District.
Yeager presented the staff report and noted the petitioner was present.
Kaile Bosley, 3331 Suncourt, Morgantown WV. She stated that she is trying to turn the “non-life”
section of High Street into something we can be proud of. She provided menus for the board to
review. The hours of operation are 11:00 a.m. until 3:00 a.m. and will be serving food during all of
those hours. She proposes that most business will be in the basement area, and will be working to
clean up the area as well.
Benison opened the public hearing, being none public hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to the review the petitioner’s Findings of Fact. Note, staff
did have any comments or modifications to the petitioner’s responses or provide a
recommendation.
In the event the conditional ‘restaurant, private club’ use is approved by the Board of Zoning
Appeals, staff recommends that approval be conditioned on the following:
1. Applicant secures the necessary licenses/permits from the West Virginia Alcohol
Beverage Control Administration (WVABCA) and provides evidence of such before obtaining
a certificate of occupancy.
2. The space is reviewed and approved by all City agencies that have purview on such
matters/uses. This includes all applicable Fire and Building code requirements.
3. The address for the business establishment is verified as 226 High Street. The address
for the previous operation, in the mixed-use building, was 222 High Street. This is needed
to ensure the proposed use does not expand into other portions of the building in the future
without review/approval by the Board of Zoning Appeals. If the address is different from 226
High Street, documentation of such modification shall be provided to staff and kept on file for
future reference and enforcement purposes.
In the event conditions number 1 and 2 are not satisfied, the conditional use approval
described above will be rescinded.
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Motion and second to approve the findings of fact as presented. Cook moved to grant the
variance with conditions in the packet, seconded by Meehan. Vote was unanimous.
Conditional use was approved.
Petitioner will receive written notice of this decision within seven days.
D. V21-32 / First Exchange Bank / 3051 University Avenue: Request by Bill Goettel on behalf of
Omni Associates and First Exchange Bank for variance relief from Article 1367 regarding parking lot
landscaping and buffer requirements; Tax District 15, Tax Map 6, Parcel 14, B-2, Service Business
District.
V21-35 / First Exchange Bank / 3051 University Avenue: Request by Bill Goettel on behalf of
Omni Associates and First Exchange Bank for variance relief from Article 1365 regarding parking
development standards; Tax District 15, Tax Map 6, Parcel 14, B-2, Service Business District.
Yeager presented the combined staff report and noted the petitioner was present.
Moriah Falcon, representing First Exchange Bank. She discussed the presented site plan and
brought to the attention the access routes for all patrons. The landscape buffer requirements mainly
affect the fire apparatus access. Ms. Falcon stated that the Fire Marshall is ok with the presented
design.
Public hearing was opened, being none the public hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
variance relief from the Planning and Zoning code requirements enumerated and described
above with no conditions. The proposed use (financial services establishment) is consistent
with the previous use.
Motion to accept the findings of fact for V21-32 as presented in the packet by Cook, seconded
by seconded by Meehan. Vote was unanimous. Cook moved to grant the variance with no
conditions, seconded by Meehan. Vote was unanimous.
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Petitioner will receive written notice of this decision within seven days.
Motion and second to accept the findings of fact for V21-35 also motion to approve the
variance. Vote was unanimous.
Petitioner will receive written notice of this decision within seven days.
E. V21-33 / Riggi / 629 Afton Street: Request by James Riggi for variance relief from Article 1331
regarding accessory structures and uses in residential districts; Tax District 12, Tax Map 14, Parcel
120 and 121, R-1A, Single-Family Residential District.
Yeager presented the staff report and noted the petitioner was present.
James Riggi, 629 Afton Street. Mr. Riggi stated that the building has already been placed based on
topography noting he was unaware of an issue with the location. He apologized to the board for not
getting prior permission but the shed company assured him it was ok. He followed up with the
Planning Office and was informed this would be the steps that needed to be followed. Following all
of the other upgrades to the property are completed, he will be moving the shed to the back side of
the property.
Public hearing was opened, being none the hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
variance relief from the Planning and Zoning code required above, provided the accessory
structure is not moved and/or relocated closer to the front yard lot line than the 30 feet stated
in the application.
Motion and second to approve the findings of fact as presented. Vote was unanimous.
Motion by Cook and second by Meehan to approve the variance with the condition added
that an updated site plan be provided after the shed has been moved and that the sideyard
setback be maintained. Vote was unanimous.
Petitioner will receive written notice of this decision within seven days.
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F. V21-34 / Schubert / 1428 Anderson Avenue: Request by Karel Schubert for variance relief from
Article 1331 regarding accessory structures and uses in residential districts; Tax District 15, Tax Map
54, Parcels 135 and 135.12, R-1, Single-Family Residential District.
Yeager presented the staff report and noted the petitioner was present.
Karel Schubert, 1428 Anderson Avenue. Petitioner stated he has lived in this area since 1949 with
1.5 acres in three parcels. He stated a need for more space which is why he has decided on this 16
x 32 building.
Public hearing was opened, being none the hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
variance relief from the Planning and Zoning code required above, provided the accessory
structure is not closer to the street (front lot line) in accordance with Article 1331.08 (a)(2).
Motion by Tomblin and second by Meehan to approve the findings of fact. Motion by Cook
and seconded by Tomblin to approve the variance with conditions in the packet. Both
motions passed unanimously.
Petitioner will receive written notice of this decision within seven days.
G. V21-36 / Clinton / 1208 Jersey Avenue: Request by Judith Clinton for variance relief from Article
1331 regarding accessory structures and uses in residential districts; Tax District 14, Tax Map 24,
Parcels 50, 51 and 52, R-1A, Single-Family Residential District.
Yeager presented the staff report and noted the petitioner was present.
Judith Clinton, 1208 Jersey Avenue. She discussed the reasons why she picked the current location
for the pool. There are underground utilities in one section, and line of site from another location
was difficult for safety reasons. Currently there is a five-foot chain-link fence has previously installed.
Benison noted that the location is not ideal, but based on lot configuration, there isn’t really many
other options. Cook noted that we don’t want to set a precedence for neighboring properties.
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Benison suggested maybe some landscaping to hide the pool to make it blend more. Clinton noted
that this is in her long term plan.
Benison opened the public hearing, being none the hearing was closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
variance relief from the Planning and Zoning code described above, conditioned on review
and approval by the City Engineer concerning a potential encroachment into the City’s right-
of-way (Jersey Avenue). Staff will provide any additional information on the matter at the
public hearing on September 15, 2021.
Motion by Tomblin, seconded by Cook to approve findings of fact. Motion passed
unanimously. Motion by Tomblin and seconded by Cook to approve the variance based on
findings of the Engineering Department. Motion passed unanimously.
Petitioner will receive written notice of this decision within seven days.
H. CU21-07 / Atlantic Broadband / 1837 Listravia Avenue: Request by Ted Jasinski on behalf of
Atlantic Broadband for a conditional ‘Communications Equipment Building’ use; Tax District 14, Tax
Map 33, Parcel 28, R-1A, Single-Family Residential District.
V21-37 / Atlantic Broadband / 1837 Listravia Avenue: Request by Ted Jasinski on behalf of
Atlantic Broadband for variance relief from Article 1329 regarding the size of communication
equipment buildings; Tax District 14, Tax Map 33, Parcel 28, R-1A, Single-Family Residential
District.
Yeager presented the combined staff report and noticed the petitioner was present.
Ted Jasinski, architect for Atlantic Broadband (ABB). Other representatives from Atlantic Broadband
(ABB) are also present for technical questions and the contractor employed to do the work.
Jasinski added this is an unmanned location. There is no water or sewage hooked to the building.
There is a diesel generator. This generator will run 30-60 minutes per week to make sure the
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batteries are charged. Scott Bartholomew discussed the necessity is to provide the fiber to the
homes because the closest other plant is in Uniontown.
The Atlantic Broadband team had a technical review meeting with City staff yesterday and discussed
most of these issues at that time and developed a game plan to incorporate all suggestions.
Benison asked about the 250-foot language, Yeager explained that this is how the code is written
now. ABB asked that this be revisited when the zoning ordinances are updated.
Jasinski stated the building is noncombustible. Will be built with a rust-colored split face block. The
entire team stated they are amenable to whatever will be required and want to be good neighbors.
Benison opened the public hearing.
Rocky Gianola, counsel for Atlantic Broadband. He asked the board to consider CU21-07 first.
Dave Breaky, 1821 Listravia. His property borders this property and has lived there since 1992. He
stated that a housing development next door would have been a good idea but doesn’t see anything
positive about this. He stated that he is totally against this.
Bernice 104 Dug Hill Road. The old school bordered her back yard. She is concerned about
property upkeep and who will mow and trim trees. There is a creek that can back up if the trees fall
across it.
Ed Keepers, 1818 Listravia Avenue. Creek across was surveyed by George Washington. The
previous owner knocked on doors and discussed potential development. He is not happy with ABB
going into this location. Keeper’s house is on the National Registry. He wants to keep the historical
values up.
Benison deemed the public hearing closed.
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of fact
and conclusions of law on which it bases its decision to deny the subject conditional use or
variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application and subsequent documents to review the findings of fact
listed. Note, staff did not make any comments or modifications to the findings of fact listed.
Staff recommends approval of the conditional ‘communications equipment building’ use
described above and subsequent variance for the size of the proposed building conditioned
on the following:
1. The Type II Site Plan application and supporting documents are reviewed and approved
by all City agencies that have purview and that any proposed or required modifications to the
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plan be addressed to the satisfaction of all City agencies, including the Development
Services Department (Planning, Zoning and Code Enforcement Divisions). In the event a
code requirement cannot be met, the applicant may seek additional variance relief from the
Board of Zoning Appeals.
Note, a Technical Review meeting with City agencies is scheduled for Tuesday, September
14th. Any pertinent information from this meeting will be shared with the Board of Zoning
Appeals at the public hearing on September 15, 2021.
2. Any addition to, or expansion of, the proposed communications equipment building shall
require review and approval from the Board of Zoning Appeals. The same also applies for
additional activity on the property not directly related to the communications equipment
building as the underlying zoning for the property is residential (R-1A)
Cook questioned how to make this commercial building to look more like the historical homes
in the neighborhood. She noted that cleaning the debris in this area is a positive thing.
Benison struggled with understanding how to make everyone happy in this situation and to
find a remedy to this situation.
Cook asked the citizens if there was a way to make the building look more historical to fit in
to the neighborhood. Keepers stated that there is nothing that could make it better except
for a single-family home.
Benison tried to get the meeting in order and focused as discussion traveled among the
crowd. Keepers suggested moving ABB across the street to place ABB by Goodwill or
something across the way.
Benison stated that based on the findings of fact, how is this use different from what the
property was used for before. He noted that there are different zoning areas located in
proximity, but also stated that the proposed use would be serving our demographic.
Motion by Meehan to approve the findings of fact regarding CU21-07 seconded by Tomblin
seconded. Vote was 3 in favor and one opposed.
Cook asked if there was a possibility to move the building to a different location on the
property? Jasinski noted that yes, it could be moved and there are aesthetic changes that
could be done to make it look better. Cook also asked if it would be possible to table this
until we could make these changes?
Yeager asked to clarify that relocation and improving the aesthetics of the building were there
only thing needed to be able to approve? ABB stated that they would work with us and get
all this information to be approved. They will submit renderings through the Planning office
for review by the Board.
Benison stated he would like to see something regarding the buffer (V21-37). Possible
landscaping, fencing, bushes etc. to make the homeowners happy.
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Gianola stated that they will work with the city to make all these changes, but prefers not to
table due to the strict deadline they are currently on. He is fine with conditions being added
to the approval of the Conditional Use and Variance, which they will meet, to our approval.
Cook is leaning toward tabling this issue until the next meeting. Cook noted that an architect
could be able to come up with an acceptable process that would be acceptable to the
community as well as the board. Benison noted that the variances would not be heard since
we are tabling.
A motion to table this issue to on or before October 6 regarding legal notice. Seconded by
Benison. Vote was 2 against and 1 for.
Cook moved to grant the conditional use with conditions, buffer be set in place as the
architect has stated, the primary structure moved, and the façade and structure of the building
be redesigned provided accepted by City Planning office. Seconded by Tomblin. Vote was
unanimous.
Conditional use has been approved based on conditions. Petitioner will receive written notice
of this decision within seven days.
Motion by Tomblin, seconded by Cook to approve the findings of fact V21-37. Vote was
unanimous. Motion by Tomblin and seconded by Cook to approve the variance. Motion was
unanimous.
The conditions regarding the V21-37 will be approved by staff.
V. ANNOUNCEMENTS: Yeager mentioned we are going through our final interviews for our Senior
Planner should be finalized soon.
VI. ADJOURNMENT: Meeting adjourned 8:50 p.m.
MINUTES APPROVED:
BOARD SECRETARY: _____________________________
Rickie Yeager, AICP
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Agenda
Morgantown Board of Zoning Appeals
MEETING PACKET
Wednesday, September 15, 2021
6:30 p.m.
Council Chambers
Board Members:
VACANT, Chair
Kevin Meehan, Vice Chair
Chris Benison
Heidi Cook
Garrett Tomblin
Development Services Department
Rickie Yeager, Director
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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 105 September 15, 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
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Intentional
Blank
Page
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
389 Spruce Street – City Council Chambers
Board of Zoning Appeals
Vacant, Chair
Chris Benison, Vice-Chair
AGENDA
Heidi Cook
I. CALL TO ORDER AND ROLL CALL
Kevin Meehan
Garrett Tomblin
II. MATTERS OF BUSINESS:
A. Minutes for the July 21, 2021 meeting
III. UNFINISHED BUSINESS:
IV. NEW BUSINESS:
A. V21-31 / City Neon / 48 Donley Street: Request by Crystal Miller on behalf of
Bocci, LLC for variance relief from Article 1369 regarding signage; Tax District
9, Tax Map 28, Parcel 17, B-4, General Business District.
B. CU21-04 / Davis / 1137 Van Voorhis Road: Request by Jason Davis on
If you need an behalf Kyumeai Ju Jitsu, LLC for a conditional “Recreational Facility,
accommodation, Commercial, Indoor” use; Tax District 16, Tax Map 6, Parcel 43, B-1,
please contact us at Neighborhood Business District.
304-284-7431.
C. CU21-05 / KaeJae’s – Bosley / 226 High Street: request by Kaile Bosley on
behalf of KaeJae’s Sports Bar and Grill for a conditional “Restaurant, Private
Club” use; Tax District 11, Tax Map 26A, Parcels 137 and 138, B-4, General
Business District.
D. V21-32 / First Exchange Bank / 3051 University Avenue: Request by Bill
Goettel on behalf of Omni Associates and First Exchange Bank for variance
relief from Article 1367 regarding parking lot landscaping and buffer
requirements; Tax District 15, Tax Map 6, Parcel 14, B-2, Service Business
District.
E. V21-33 / Riggi / 629 Afton Street: Request by James Riggi for variance relief
from Article 1331 regarding accessory structures and uses in residential
Development Services districts; Tax District 12, Tax Map 14, Parcel 120 and 121, R-1A, Single-Family
Rickie Yeager, AICP Residential District.
Director
F. V21-34 / Schubert / 1428 Anderson Avenue: Request by Karel Schubert for
389 Spruce Street
variance relief from Article 1331 regarding accessory structures and uses in
Morgantown, WV 26505 residential districts; Tax District 15, Tax Map 54, Parcels 135 and 135.12, R-1,
304.284.7431 Single-Family Residential District.
Page 1 of 2
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
389 Spruce Street – City Council Chambers
Board of Zoning Appeals G. V21-35 / First Exchange Bank / 3051 University Avenue: Request by Bill
Vacant, Chair Goettel on behalf of Omni Associates and First Exchange Bank for variance
Chris Benison, Vice-Chair relief from Article 1365 regarding parking development standards; Tax District
15, Tax Map 6, Parcel 14, B-2, Service Business District.
Heidi Cook
Kevin Meehan
H. V21-36 / Clinton / 1208 Jersey Avenue: Request by Judith Clinton for
Garrett Tomblin variance relief from Article 1331 regarding accessory structures and uses in
residential districts; Tax District 14, Tax Map 24, Parcels 50, 51 and 52, R-1A,
Single-Family Residential District.
I. CU21-07 / Atlantic Broadband / 1837 Listravia Avenue: Request by Ted
Jasinski on behalf of Atlantic Broadband for a conditional ‘Communications
Equipment Building’ use; Tax District 14, Tax Map 33, Parcel 28, R-1A, Single-
Family Residential District.
J. V21-37 / Atlantic Broadband / 1837 Listravia Avenue: Request by Ted
Jasinski on behalf of Atlantic Broadband for variance relief from Article 1329
regarding the size of communication equipment buildings; Tax District 14, Tax
Map 33, Parcel 28, R-1A, Single-Family Residential District.
If you need an
accommodation,
please contact us at
304-284-7431.
V. ANNOUNCEMENTS
VI. ADJOURNMENT
Development Services
Rickie Yeager, AICP
Director
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: V21-31 / City Neon / 48 Donley Street
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by Crystal Miller on behalf of Bocci, LLC for variance relief from Article 1369
regarding signage for the above-mentioned address.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 9, Tax Map 28, Parcel 17, B-4, General Business District.
SURROUNDING ZONING:
North, South, East and West: B-4, General Business District.
BACKGROUND and ANALYSIS:
The petitioner seeks to install a new race-way mounted, internally illuminated sign with
channel letters for a new business establishment in the Marina Tower located at 48 Donley
Street (between the 3rd and 4th Floor). Please see Addendum A for the location map.
The proposed sign will be 77.1 square feet. Based on the zoning district and following
excerpt from the City’s Planning and Zoning code below (Article 1369), the maximum
square feet permitted for a wall sign in a B-4 District is 50.8 square feet, where the tenants’
building frontage is 127 feet.
(i) Wall sign, nonresidential.
(1) The total area of all wall signs on a building, or on the retaining wall(s)
associated with the building, shall not exceed 0.6 square feet of wall sign area
per linear foot of tenant building frontage in the B-5, B-2 and I-1 districts, and
0.4 feet in area in the B-1 and B-4 districts, for each linear foot of building
frontage, and the fact that signs may be permitted on more than one wall of the
building shall not increase this maximum. All wall signs shall be in accordance
with the provisions in Section 1369.09.
Development Services
Rickie Yeager, AICP
Director
As such, the petitioner seeks a 26.3 square foot variance for the proposed wall sign to be
located at 48 Donley Avenue. Please see the attached application for a rendering of the
Planning Division proposed sign. Additionally, the applicant is requesting variance relief from the code
389 Spruce Street requirement prohibiting the internal illumination of signage in the B-4 District. Please see
Morgantown, WV 26505 the excerpt from the City’s Planning and Zoning Code below (Article 1369.08)
304.284.7431
(b) Permitted signs in the B-1, B-4, PRO, OI and residential districts shall comply with the
following:
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: (1) Sign faces shall be opaque;
Vacant, Chair
(2) Signs may not be internally illuminated, except for neon signs; and
Chris Benison, Vice-Chair
(3) Signs shall be made of wood; sculpted "sign foam"; ornamental metals such as
Heidi Cook
bronze, brass, copper, etc.; painted aluminum panels, stone or masonry (with
Kevin Meehan concrete blocks being covered with stucco); and have painted or vinyl letters
Garrett Tomblin attached to windows and doors.
Note, the new sign replaces a previous sign in the same location for the law firm of
Flaherty, Sensabaugh, & Bonasso. See the Google image provided by the applicant
below:
STAFF RECOMMENDATION:
The Board of Zoning Appeals must determine whether the proposed requests meet the
Development Services standard criteria for a conditional use or variance by reaching a positive determination for
Rickie Yeager, AICP
each of 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 conditional use or variance, then the Board must state findings of
Planning Division fact and conclusions of law on which it bases its decision to deny the subject conditional
389 Spruce Street use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Morgantown, WV 26505
304.284.7431 Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff provides no recommendation for the case presented in this staff report.
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ADDENUM A
V21-31 / City Neon / 48 Donley Avenue
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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B-5
B-4
I-1
I-1 B-2
B-1
R-1A
R-1
Source: Morgantown Zoning Map
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: CU21-04 / David / 1137 Van Voorhis Road
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by Jason Davis on behalf Kyumeai Ju Jitsu, LLC for a conditional “Recreational
Facility, Commercial, Indoor” use for a new establishment at the above-mentioned
address.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 16, Tax Map 6, Parcel 43, B-1, Neighborhood Business District and
PRO, Professional, Residential and Office District.
SURROUNDING ZONING:
North: B-2, Service Business District and PRO, Professional, Residential and Office District
South: B-2 District
East: R-1, Single-Family Residential District
West: PRO and R-1 District
BACKGROUND and ANALYSIS:
The petitioner seeks to establish a new martial arts studio (1,603 sq. ft.) in the shopping
center located at 1137 Van Voorhis Road. Please see Addendum A for a location and
zoning map.
As stated in the application, the projected hours of operation include Wednesdays and
Fridays, between 5 p.m. and 8 p.m. The space in the shopping center was previously use
for yoga instruction. To operate the above-referenced location, the petitioner seeks a
conditional “Recreational Facility, Commercial, Indoor” use in accordance with the City’s
Planning and Zoning Code (Article 1331.05 – Permitted Land Uses. A recreational facility,
commercial indoor use is defined in the City’s Planning and Zoning Code (Article 1329)
as a privately owned commercial establishment designed and equipped for the conduct of
leisure activities and other recreational activities wholly within an enclosed building.
Development Services Examples of such uses include but are not limited to indoor play areas, training studios for
martial arts, gymnastics and dance, bowling alleys, shooting ranges and
Rickie Yeager, AICP
Director
skating/skateboard rinks. Publicly owned facilities are generally exempt from municipal
zoning regulations.
Planning Division
Please note the proposed location for the martial arts studio is situated on two parcels of
389 Spruce Street land that have different zoning designations. Since the front portion of the studio (primary
Morgantown, WV 26505
304.284.7431 entrance) is located in a B-1 District along with the associated parking, the zoning
requirements for this district were applied as the proposed use is not permitted in a PRO
District.
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF RECOMMENDATION:
Vacant, Chair
The Board of Zoning Appeals must determine whether the proposed requests meet the
Chris Benison, Vice-Chair standard criteria for a conditional use or variance by reaching a positive determination for
Heidi Cook each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the
Kevin Meehan petitioner’s “Findings of Fact” and determines the proposed request does not meet the
standard criteria for a conditional use or variance, then the Board must state findings of
Garrett Tomblin
fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see Addendum B to review the findings of fact listed. Note, staff did not make any
comments or modifications to the findings of fact listed.
Staff recommends approval of the conditional use described above, as it is compatible
with the mix of uses already present in the shopping center and will not adversely impact
parking availability (given the size of the martial arts studio and proposed hours of
operation). Note, if the conditional use is approved it shall only apply to the proposed
location (1,603 sq. ft. space) to be occupied by the martial arts studio. Should the use in
that space change, it may or may not require review/approval from the Board of Zoning
Appeals.
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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ADDENUM A
CU21-04 / Davis / 1137 Van Voorhis Road
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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Source: Morgantown Zoning Map
B-1
R-1A
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ADDENDUM B
CU21-04 / Davis / 1137 Van Voorhis Road
Staff submits the following revisions to petitioner’s Findings of Fact (deleted matter struck through;
new matter underlined). Staff recommended revisions should not be considered or construed as
supporting or opposing the merits of the petitioner’s responses or the subject conditional use
petition.
This Conditional Use is within the fitting character of the surrounding area and is consistent with
the spirit, purpose, and intent of the Zoning Ordinance, because,
Finding of Fact No. 1 – Congestions in the streets will not be increased, in that:
There is dedicated parking lot or the strip.
Finding of Fact No. 2 – Safe from fire, panic, and other danger will not be jeopardized, in
that:
The space is free from fire hazards and equipped with fire prevention apparatus.
Finding of Fact No. 3 – Provision of adequate light and air will not be disturbed, in that:
The space is equip with natural light and central air.
Finding of Fact No. 4 – Overcrowding of land will not result, in that:
Membership will not exceed the occupancy regulations set by the Fire Marshall.
Finding of Fact No. 5 – Undue congestion of population will not be created, in that:
Classes will staggard to reduce congestion of the area and allow time to sanitize the space.
Finding of Fact No. 6 – Granting this request will not create inadequate provision of
transportation, water, sewage, schools, parks or other public requirements, in that:
Our classes are small and only last 3 hours 2X weekly.
Finding of Fact No. 7 – Value of buildings will be conserved, in that:
Staff Report Addendum B Page 1 of 2
CU21-01
BZA Meeting Page 22 of 105 September 15, 2021
Traditional Martial Arts teaches life skills such as cleaning up after and respecting our
environment and surroundings.
Finding of Fact No. 8 – The most appropriate use of the land is encouraged, in that:
Martial Arts and Yoga are both internal arts that help develop mind, body and spirit.
Staff Report Addendum B Page 2 of 2
CU21-01
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: CU21-05 / KaeJae’s – Bosley / 226 High Street
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by Kaile Bosley on behalf of KaeJae’s Sports Bar and Grill for a conditional “Restaurant,
Private Club” use at the above-mentioned location.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 11, Tax Map 26A, Parcels 137 and 138, B-4, General Business District.
SURROUNDING ZONING:
North, South, East and West: B-4, General Business District
BACKGROUND and ANALYSIS:
The petitioner seeks to establish a new restaurant/business establishment at 226 High
Street. The proposed use (KaeJae’s Sports Lounge and Gill) will be a full-service
restaurant and bar. The establishment also plans to make event space available for
weddings, receptions, and other gatherings. Total gross floor area for the new
establishment is 12,325 square feet. Please see Addendum A for a location and zoning
map.
As stated in the application, the new establishment will be open seven days, between 11
a.m. and 3 a.m. As such, the establishment projects that at least 10 employees will on
staff during the busiest shift. The space was previously home to another restaurant/bar
called The Cue.
To operate at the above-referenced location, the petitioner seeks a conditional
“Restaurant, Private Club” use in accordance with the City’s Planning and Zoning Code
(Article 1331.05 – Permitted Land Uses. A restaurant, private club is defined in the City’s
Planning and Zoning Code (Article 1329) as a restaurant that also dispenses liquor and
has been issued a license by the West Virginia Alcohol and Beverage Control Agency.
Development Services STAFF RECOMMENDATION:
Rickie Yeager, AICP The Board of Zoning Appeals must determine whether the proposed requests meet the
Director standard criteria for a conditional use or variance by reaching a positive determination for
each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the
Planning Division
petitioner’s “Findings of Fact” and determines the proposed request does not meet the
389 Spruce Street standard criteria for a conditional use or variance, then the Board must state findings of
Morgantown, WV 26505
304.284.7431 fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Page 1 of 2
BZA Meeting Page 33 of 105 September 15, 2021
MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: Please see the attached application to the review the petitioner’s Findings of Fact. Note,
Vacant, Chair staff did have any comments or modifications to the petitioner’s responses or provide a
Chris Benison, Vice-Chair recommendation.
Heidi Cook In the event the conditional ‘restaurant, private club’ use is approved by the Board of
Kevin Meehan Zoning Appeals, staff recommends that approval be conditioned on the following:
Garrett Tomblin
1. Applicant secures the necessary licenses/permits from the West Virginia Alcohol
Beverage Control Administration (WVABCA) and provides evidence of such before
obtaining a certificate of occupancy.
2. The space is reviewed and approved by all City agencies that have purview on such
matters/uses. This includes all applicable Fire and Building code requirements.
3. The address for the business establishment is verified as 226 High Street. The
address for the previous operation, in the mixed-use building, was 222 High Street.
This is needed to ensure the proposed use does not expand into other portions of the
building in the future without review/approval by the Board of Zoning Appeals. If the
address is different from 226 High Street, documentation of such modification shall be
provided to staff and kept on file for future reference and enforcement purposes.
In the event conditions number 1 and 2 are not satisfied, the conditional use approval
described above will be rescinded.
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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BZA Meeting Page 34 of 105 September 15, 2021
ADDENUM B
CU21-05 / KaeJae’s – Bosley / 226 High Street
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
BZA Meeting Page 35 of 105 September 15, 2021
B-4
O-I
R-2
I-1
Source: Morgantown Zoning Map
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: COMBINED STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: V21-31 / First Exchange Bank / 3051 University Avenue
Heidi Cook V21-35 / First Exchange Bank / 3051 University Avenue
Kevin Meehan
Garrett Tomblin REQUEST and LOCATION:
Request by Bill Goettel on behalf of Omni Associates and First Exchange Bank for
variance relief from Article 1367 regarding parking lot landscaping and buffer
requirements and from Article 1365 regarding parking development standards.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 15, Tax Map 6, Parcel 14, B-2, Service Business District.
SURROUNDING ZONING:
North: B-2, Service Business District and R-2-, Single- and Two-Family Residential
District
South: B-5, Shopping Center District
East: PRO, Professional – Residential and Office District and R-1, Single-Family
Residential District
West: R-1, Residential R-1 District
BACKGROUND and ANALYSIS:
The petitioner has been hired by First Exchange Bank to develop plans to renovate the
commercial the building at 3051 University Avenue (formerly Wesbanco Bank). Please
see Addendum A for a location and zoning map.
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 1 of 3
BZA Meeting Page 44 of 105 September 15, 2021
MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: The proposed improvements are designed to make the building more accessible to
Vacant, Chair customers. This includes building out into the existing parking lot to create an enclosed
Chris Benison, Vice-Chair foyer and internal staircase to access the first and lower levels. As such, the proposed
improvements necessitate changes to the landscaping and parking area between the
Heidi Cook
building and University Avenue.
Kevin Meehan
Garrett Tomblin Also, to accommodate fire code requirements for ingress and egress to the property, the
front portion of the entrance and exit driveways have to be widened to 20 feet in
accordance with the National Fire Protection Association (NFPA) 1, 18.2.3.5.1.1, 2018
Edition. To accommodate the proposed improvements described above, the applicant
seeks variance relief from the following Planning and Zoning code requirements:
Article 1367 (c): Development with parking located between building and street. If
any parking is located between the street and the building line, the following shall apply:
(1) A ten-foot-wide buffer shall be provided for the length of any parking area abutting
the street. The buffer area shall contain at least one two-inch caliper trees for every 20
feet and at least three shrubs of at least three gallons in size clustered between each
two trees.
(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.
While the rear landscape buffer requirement will be met in accordance with the plan
documents (attached hereto), the side and front buffers will be less than required by the
City’s Planning and Zoning Code due to site limitations for parking and fire code
requirements. More specifically, the petitioner requests a 5.4’ variance for the required
front landscape buffer and a +/- 1.9’ variance for the side yard buffer requirements (north
and south parcel boundaries).
Article 1365.09 (b): Layout and Design
(2) Driveway entrances or exits shall be no closer than 15 feet to an adjoining residential
property line or five feet to an adjoining non-residential property line or designed in such
Development Services a manner as to least interfere with traffic movement. No driveway across public property
at the right-of-way line of the street shall exceed a width of 22 feet, unless a greater
Rickie Yeager, AICP width is specifically approved by the City Engineer. No driveway shall be located closer
Director
than 30 feet of the nearest point of the intersection of two streets.
Planning Division
389 Spruce Street More specifically, the petitioner seeks a +/- 1’ variance for the entrance and exit
Morgantown, WV 26505 driveways onto University Avenue.
304.284.7431
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
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: herein. However, each respective petition must be considered and acted upon by the
Vacant, Chair Board separately.
Chris Benison, Vice-Chair
Heidi Cook STAFF RECOMMENDATION:
Kevin Meehan The Board of Zoning Appeals must determine whether the proposed requests meet the
Garrett Tomblin standard criteria for a conditional use or 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 conditional use or variance, then the Board must state findings of
fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
variance relief from the Planning and Zoning code requirements enumerated and
described above with no conditions. The proposed use (financial services establishment)
is consistent with the previous use.
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 3 of 3
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ADDENUM A
V21-32 and V21-35 / First Exchange Bank / 3051 University Avenue
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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B-2
R-2
R-1
PRO
R-1
B-5
Source: Morgantown Zoning Map
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OFFICE USE
CASE NO.
APPLICATION FOR VARIANCE
(PLEASE TYPE OR PRINT IN BLACK INK) Fee: $150.00 [Z-V]
I. APPLICANT/AGENT Name: First Exchange Bank (Omni Associates - Agent)
1 Heritage Way Phone: 304-534-7200
Street
Mailing Fairmon WV 26554 Mobile:
Address:
City State Zip
Email:
II. PROPERTY Street Address: 3051 University Ave, Morgantown WV 26505
Owner: First Exchange Bank Zoning: B-2
3051 University Ave Tax Map No: 6
Street
Mailing Morgantown WV 26505 14
Parcel No:
Address: City State Zip
Phone:
Describe the specific use and the standard for which the variance is
III. NARRATIVE sought.
First Exchange Bank's proposed renovation of an existing structure requires variance relief
for driveway entrances and exits in order to maintain proper function. This includes the
entrance and exit drive aisles on the site [1365.09(b)(2)]. The proposed drive aisle design
allows for better site maneuverability as well as the desired 20'-0" drive aisle required per
NFPA 1, 18.2.3.5.1.1, 2018 Edition.
IV. ATTEST
Finance Rcv’d
I hereby certify that I am the owner of record of the named property, or that this application is authorized by the
owner of record and that I have been authorized by the owner to make this application as his/her authorized
agent. I agree to conform to all applicable laws of this jurisdiction. The granting of a variance does not presume
to give authority to violate or cancel the provisions of any other federal, state, or local law regulating construction
or the performance of construction. I certify that the information submitted herein and attached hereto is true
and accurate and understand that if found otherwise may result in the denial of this request or subsequent
revocation of any and all related approvals. The undersigned has the power to authorize and does hereby
authorize City of Morgantown representatives on official business to enter the subject property as necessary to
process the application and enforce related approvals and conditions. I hereby authorize the Development
Services Department to erect a notification sign on the subject property approximately 15 days prior to the BZA
hearing. I further agree to maintain said signage and hereby accept responsibility in case of destruction or
removal.
Bill Goettel/Omni Associates 08/18/2021
Type/Print Name of Applicant/Agent Signature of Applicant/Agent Date
Development Services Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 1 of 4
www.morgantownwv.gov ♦ 304.284.7431 Form Rev. 20180701
BZA Meeting Page 53 of 105 September 15, 2021
OFFICE USE
CASE NO.
APPLICATION FOR VARIANCE
You or a representative MUST be in attendance at the scheduled hearing to
present this request and answer questions. Failure to appear at the hearing will
result in your variance petition being tabled and potential delay of your project.
V. SITE PLAN
This application must be accompanied by a site plan illustrating the following information, unless
otherwise stipulated by the Planning Division or Board of Zoning Appeals.
• Vicinity map showing all adjacent properties and nearby streets within a 300-foot radius around
the project site, drawn or illustrated at an appropriate scale.
• A site plan (3 copies) drawn to scale at a minimum 1" = 50' and a maximum of 1" = 10' and include
the following:
‒ The actual dimensions, size, square footage, and shape of the lot to be built upon as shown
on an actual survey by a licensed land surveyor or registered design professional licensed by
the State of West Virginia and as authorized by West Virginia State law.
The exact sizes and locations on the lot of existing structures, if any.
‒ The location(s), square footage(s), and dimensions of all proposed principal, accessory and/or
temporary structure(s), and/or alteration(s).
‒ The location of the lot with respect to adjacent rights-of-way.
‒ Parking Plan. The location and dimensions of off-street parking and means of ingress and
egress for such space.
‒ Required and proposed setbacks.
‒ Buffer yard location and landscaping and screening plan, if applicable. Landscaping Plan
should be a separate drawing based on the site plan.
‒ Location of garbage collection area and screening.
‒ Location of existing and/or proposed signage, if applicable.
‒ Roadway typical detail for internal roadways, if applicable.
• Additional information that may be required by the Planning Division or the Board of Zoning
Appeals includes building elevations/renderings, floor plans, traffic impact study, existing and
proposed grading plans, erosion and sediment control plan, stormwater management plan, etc.
VI. FINDINGS OF FACT
The Board of Zoning Appeals may grant a variance request only if each of the following “Findings of Fact”
criteria are determined to be in the positive. Applicants must give their own responses to the following
finding of fact statements.
Development Services Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 2 of 4
www.morgantownwv.gov ♦ 304.284.7431 Form Rev. 20180701
BZA Meeting Page 54 of 105 September 15, 2021
OFFICE USE
CASE NO.
APPLICATION FOR VARIANCE
COMPLETE THE FOLLOWING STATEMENTS
VI. FINDINGS OF FACT
IN THIRD PERSON.
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 location of the drive aisle will provide adequate space for patrons as well as
adequate driveway width for emergency service personnel. The driveway entrances and exits
will not interfere with any adjacent property owners parcel(s).
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 property use has historically been for a financial institution and First Exchange Bank
proposed to continue to operate as such. The site's current traffic flow is sufficient for typical
patron vehicular traffic. However, it lacks in sufficient (width) access when it comes to
emergency service personnel apparatus access. The proposed driveway entrance and exit
width(s) meet the required dimensions per NFPA. The driveway entrance and exit variance
relief allows for proper width access for emergency personnel vehicles should the need arise
they need to visit the site as well as maintains an offset from the property line.
Development Services Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 3 of 4
www.morgantownwv.gov ♦ 304.284.7431 Form Rev. 20180701
BZA Meeting Page 55 of 105 September 15, 2021
OFFICE USE
CASE NO.
APPLICATION FOR VARIANCE
COMPLETE THE FOLLOWING STATEMENTS
VI. FINDINGS OF FACT
IN THIRD PERSON.
3. The variance will eliminate an unnecessary hardship and permit a reasonable use of the land,
because:
The proposed driveway entrance and exit increased width(s) will allow for proper access for any
and all vehicular traffic on the site, including emergency service personnel. If the driveway
offsets (from the property line) were required to meet [1365.08(b)(2)] this would create hardship
for proper access to the site as well as encroach on required parking spaces.
4. The variance will allow the intent of the zoning ordinance to be observed and substantial justice
done, because:
Strict compliance with Section [1365.09(b)(2)] of the ordinance would create hardship on the
interior portion of the site, including required parking. The proposed driveway width does
encroach on the required offset, but the intended design provides significant buffer between the
driveway and adjacent property line(s).
Development Services Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 4 of 4
www.morgantownwv.gov ♦ 304.284.7431 Form Rev. 20180701
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: V21-33 / Riggi / 629 Afton Street
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by James Riggi for variance relief from Article 1331 regarding accessory
structures and uses in residential districts.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 12, Tax Map 14, Parcel 120 and 121, R-1A, Single-Family Residential
District.
SURROUNDING ZONING:
North, South, East and West: R-1A, Single-Family Residential District
BACKGROUND and ANALYSIS:
The petitioner seeks to install a prefabricated (14’ X 40’) shed in the side yard at the
above-mentioned location. Please see Addendum A for a location and zoning map.
Given the size of the shed and site constraints, a portion of the accessory structure will
extend into the front yard (beyond the principal structure). As such, the petitioner seeks
variance relief from the following portion of the City’s Planning and Zoning Code:
Article 1331.08 (a)(2): Accessory structures, if detached from a principal structure,
shall not be placed in the front yard. If placed in a side yard, accessory structures shall
not be located closer to the street than the principal structure.
According to the application provided, the accessory use will be 30 feet away from the
road and 10 feet away from the side yard lot line. Please see the attached variance and
building permit applications.
Development Services
STAFF RECOMMENDATION:
Rickie Yeager, AICP
Director The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or variance by reaching a positive determination for
Planning Division each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the
389 Spruce Street petitioner’s “Findings of Fact” and determines the proposed request does not meet the
Morgantown, WV 26505 standard criteria for a conditional use or variance, then the Board must state findings of
304.284.7431
fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Page 1 of 2
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: Please see the attached application to review the findings of fact listed, as staff had no
Vacant, Chair comments or modifications.
Chris Benison, Vice-Chair Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
Heidi Cook variance relief from the Planning and Zoning code required above, provided the accessory
Kevin Meehan structure is not moved and/or relocated closer to the front yard lot line than the 30 feet
stated in the application.
Garrett Tomblin
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 2 of 2
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ADDENUM A
V21-33 / Riggi / 629 Afton Street
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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R-1
Source: Morgantown Zoning Map
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: V21-34 / Schubert / 1428 Anderson Avenue
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by Karel Schubert for variance relief from Article 1331 regarding accessory
structures and uses in residential districts.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 15, Tax Map 54, Parcels 135 and 135.12, R-1, Single-Family Residential
District.
SURROUNDING ZONING:
North, South, East and West: R-1, Single-Family Residential District
BACKGROUND and ANALYSIS:
The petitioner seeks to install a fabricated (16’ X 32’) shed in the side yard at the above-
mentioned location. Please see Addendum A for a location and zoning map.
Given the size of the shed and site constraints, the accessory structure is to be situated
in the side yard. As such, the petitioner seeks variance relief from the following portion
of the City’s Planning and Zoning Code:
Article 1331.08 (a)(4): On corner lots, accessory structures shall not be located
between any portion of the principal structure and either street.
According to the application provided, the accessory use will meet the side yard setback
requirement. Please see the attached application and site plan.
STAFF RECOMMENDATION:
Development Services The Board of Zoning Appeals must determine whether the proposed requests meet the
Rickie Yeager, AICP standard criteria for a conditional use or variance by reaching a positive determination for
Director 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
Planning Division standard criteria for a conditional use or variance, then the Board must state findings of
389 Spruce Street fact and conclusions of law on which it bases its decision to deny the subject conditional
Morgantown, WV 26505 use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
304.284.7431
Please see the attached application to review the findings of fact listed, as staff had no
comments or modifications.
Page 1 of 2
BZA Meeting Page 69 of 105 September 15, 2021
MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
Vacant, Chair variance relief from the Planning and Zoning code required above, provided the accessory
Chris Benison, Vice-Chair structure is not closer to the street (front lot line) in accordance with Article 1331.08 (a)(2).
Heidi Cook
Kevin Meehan
Garrett Tomblin
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 2 of 2
BZA Meeting Page 70 of 105 September 15, 2021
ADDENUM A
V21-34 / Schubert / 1428 Anderson Avenue
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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R-1
Source: Morgantown Zoning Map
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: V21-36 / Clinton / 1208 Jersey Avenue
Heidi Cook
Kevin Meehan REQUEST and LOCATION:
Garrett Tomblin
Request by Judith Clinton for variance relief from Article 1331 regarding accessory
structures and uses in residential districts.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 14, Tax Map 24, Parcels 50, 51 and 52, R-1A, Single-Family Residential
District.
SURROUNDING ZONING:
North, South, East, and West: R-1A, Single-Family Residential District
BACKGROUND and ANALYSIS:
The petitioner seeks to install a 21-foot diameter, above ground pool in the front yard at
the above-mentioned location. Please see Addendum A for a location and zoning map.
Given the location of the residence (principal structure) and the topography of the
parcel(s), the accessory structure is to be situated between the principal structure and
Jersey Avenue. As such, the petitioner seeks variance relief from the following portion
of the City’s Planning and Zoning Code:
Article 1331.08 (a)(2): Accessory structures, if detached from a principal structure,
shall not be placed in the front yard. If placed in a side yard, accessory structures shall
not be located closer to the street than the principal structure.
According to the application provided, the accessory use will meet the front yard setback
requirement. Please see the attached application and site plan.
Development Services
STAFF RECOMMENDATION:
Rickie Yeager, AICP
Director The Board of Zoning Appeals must determine whether the proposed requests meet the
standard criteria for a conditional use or variance by reaching a positive determination for
Planning Division each of the “Findings of Fact” submitted by the petitioner. If the Board disagrees with the
389 Spruce Street petitioner’s “Findings of Fact” and determines the proposed request does not meet the
Morgantown, WV 26505 standard criteria for a conditional use or variance, then the Board must state findings of
304.284.7431
fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Page 1 of 2
BZA Meeting Page 80 of 105 September 15, 2021
MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: Please see the attached application to review the findings of fact listed, as staff had no
Vacant, Chair comments or modifications.
Chris Benison, Vice-Chair Staff recommends that the Board of Zoning Appeals approve the petitioner’s request for
Heidi Cook variance relief from the Planning and Zoning code described above, conditioned on review
Kevin Meehan and approval by the City Engineer concerning a potential encroachment into the City’s
right-of-way (Jersey Avenue). Staff will provide any additional information on the matter
Garrett Tomblin
at the public hearing on September 15, 2021.
Development Services
Rickie Yeager, AICP
Director
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 2 of 2
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ADDENUM A
V21-36 / Clinton / 1208 Jersey Avenue
Source: Monongalia County Parcel Viewer Map
Source: Google Maps
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R-1A
R-1A
Source: Morgantown Zoning Map
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MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: COMBINED STAFF REPORT
Vacant, Chair
Chris Benison, Vice-Chair
CASE NO: CU21-07 / Atlantic Broadband / 1837 Listravia Avenue
Heidi Cook V21-37 / Atlantic Broadband / 1837 Listravia Avenue
Kevin Meehan
Garrett Tomblin REQUEST and LOCATION:
Request by Ted Jasinski on behalf of Atlantic Broadband for a conditional
‘Communications Equipment Building’ use and variance relief from Article 1329 regarding
the size of communication equipment buildings.
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Tax District 14, Tax Map 33, Parcel 28, R-1A, Single-Family Residential District.
SURROUNDING ZONING:
North, South and East: R-1A, Single-Family Residential District
West: PRO, Professional, Residential and Office District and B-2, Service Business
District.
BACKGROUND and ANALYSIS:
The petitioner plans to construct an eight-hundred square foot, split-faced masonry
building at the above-mentioned location. Note, the site was previously home to an old
school that has sense been demolished. Please see Addendum A for a location and
zoning map.
The building will house communication equipment for Atlantic Broadband as the
company plans to provide area residents, businesses and emergency service customers
in the Morgantown market with fiber-optic telecommunications for television broadcasts,
tv and movie streaming, high speed internet, phone services, radio and emergency alert
systems. Morgantown City Council is scheduled to consider a proposed franchise
agreement with Atlantic Broadband to operate in the City limits in this fall.
Development Services
The building will be supported by a concrete pad, which will also have a generator
Rickie Yeager, AICP located on it. Atlantic Broadband also plans to remove the existing stairs and concrete
Director wall along Listravia Avenue, remove demolition debris, grade and back fill the property
with soil, install a new asphalt paved driveway and parking lot (with two spaces) to
Planning Division access the building from Listravia Avenue and replace a portion of the 5-foot sidewalk
389 Spruce Street where the concrete wall is removed. The building will be unmanned and only occupied
Morgantown, WV 26505
304.284.7431
by staff for maintenance purposes. As such, the petitioner seeks a conditional
‘communications equipment building’ use in accordance with Article 1331.05.01 –
Permitted Land Use Table of the City’s Planning Zoning Code, and 650 square foot
variance for the size of the proposed structure in accordance with Article 1329 below:
Page 1 of 2
BZA Meeting Page 96 of 105 September 15, 2021
MORGANTOWN BOARD OF ZONING APPEALS
September 15, 2021
6:30 p.m.
City Council Chambers, City Hall, 389 Spruce Street
Board Members: Communications equipment building means an unmanned building or cabinet
Vacant, Chair containing communications equipment required for the operation of communications
Chris Benison, Vice-Chair antennas and covering an area on the ground not greater than 250 feet.
Heidi Cook
Staff recommends that the Board of Zoning Appeals, without objection from members of
Kevin Meehan the Board, the petitioner, or the public, combine the public hearings for the variance
Garrett Tomblin 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 conditional use or 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 conditional use or variance, then the Board must state findings of
fact and conclusions of law on which it bases its decision to deny the subject conditional
use or variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)].
Please see the attached application and subsequent documents to review the findings of
fact listed. Note, staff did not make any comments or modifications to the findings of fact
listed.
Staff recommends approval of the conditional ‘communications equipment building’ use
described above and subsequent variance for the size of the proposed building
conditioned on the following:
1. The Type II Site Plan application and supporting documents are reviewed and
approved by all City agencies that have purview and that any proposed or required
modifications to the plan be addressed to the satisfaction of all City agencies, including
the Development Services Department (Planning, Zoning and Code Enforcement
Divisions). In the event a code requirement cannot be met, the applicant may seek
additional variance relief from the Board of Zoning Appeals.
Note, a Technical Review meeting with City agencies is scheduled for Tuesday,
September 14th. Any pertinent information from this meeting will be shared with the
Board of Zoning Appeals at the public hearing on September 15, 2021.
2. Any addition to, or expansion of, the proposed communications equipment building
Development Services shall require review and approval from the Board of Zoning Appeals. The same also
applies for additional activity on the property not directly related to the communications
Rickie Yeager, AICP
Director equipment building as the underlying zoning for the property is residential (R-1A)
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 2 of 2
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ADDENUM A
CU21-07 and V21-37 / Atlantic Broadband / 1837 Listravia Avenue
Source: Monongalia County Parcel Viewer Map
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Source: Google Maps
R-1A
PRO
B-2
Source: Morgantown Zoning Map
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