Board of Zoning Appeals

BOARD OF ZONING APPEALS SPECIAL MEETING MINUTES 6:30 p.m. October 20, 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: Benison called the meeting to order and read the pre- meeting announcement. II. MATTERS OF BUSINESS: Approval of July 22 and September 22, 2021 Benison moved to accept and Cook seconded. Meeting minutes were approved as presented. III. UNFINISHED BUSINESS: IV. NEW BUSINESS: A. V21-37 / Konchesky / 708 Madigan Avenue: Request by Michael and Donna Konchesky for variance relief from Article 1335 regarding setback requirements; Tax District 15, Tax Map 39, Parcel 35 and 36, R-1A, Single Family Residential District. Yeager presented the staff report and noted the petitioner was present. Michael Konchesky 708 Madigan Avenue. Konchesky stated he is requesting a variance for the new property address of 711 Callen Avenue. He stated there is a lot of traffic on Madigan Avenue, and wants to relocate his garage for off street parking behind his current home. The board concurred that off street parking would be preferable in this area. Being that there were no questions, the public hearing was opened. Being none present, the public hearing was closed. STAFF RECOMMENDATION: The Board of Zoning Appeals must 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(s) to deny the subject variance petitions. [See WV State Code 8A-8-11(e) and 8A-7-11(b)]. Since the petitioner is requesting the same variance relief, please refer to the attached application and note the Finding’s of Fact listed in the Case No. V17-21. Morgantown Board of Zoning Appeals Page 1 of 6 October 20, 2021, Minutes  Additionally, Staff makes no recommendation concerning whether variance relief from the minimum rear setback standard should be granted as requested. However, should variance relief be granted, Staff recommends that said approval include a condition that the petitioner may not encroach into the minimum rear yard setback any further, without prior Board of Zoning Appeals approval. Motion by Tomblin, seconded by Cook to accept the findings of fact. The vote was unanimous. Moved and seconded to grant the variance with conditions, seconded by Vote was unanimous. Variance has been granted. Decisions of the board may be appealed to the circuit court of Monongalia County within thirty days of receiving the written notification. Any work done relating to this decision within the thirty days will be at your own financial risk. B. CU21-08 / Hangover Easy / 2916 University Avenue: Request by Jackson Gardner of Triad Engineering on behalf of Skaff Family Limited for a conditional ‘restaurant, private club’ use; Tax District 14, Tax Map 11, Parcel 182, B-1, Neighborhood Business District. Yeager presented the staff report and noted the petitioner was present. Jackson Gardner, Triad Engineering, 109 Chaplin Road representing Hangover Easy for this project. Gardner presented justifications for the conditional use and variance applications. Benison asked for clarification on the parking issues. Gardner explained the location of the parking areas and noted accessible parking areas are the only ones onsite. Parking is available within 100 feet and in the Daniels parking lot. Signs will be posted in the leased offsite areas for Hangover Easy only parking. Benison questioned the maintenance and signage of the offsite parking. Gardner confirmed that Hangover Easy will be responsible for this. Hours of operation are 7 a.m. to 3 p.m. Gardner addressed the variances. Setbacks will be maintained with the existing structure. Gardner and Yeager noted that planting boxes with evergreens will be added to help with screening. Being no other questions from the Board the public hearing was opened. Benison reviewed the guidelines for public participation. Benison asked for members of the public in favor to speak up, being none this was closed. Benison asked for members of the public opposed. Shelly Tennant, 94 Stiles Hollow, Wadestown, WV. She referenced questions of the location. Benison confirmed that the location is between Daniels and McDonalds. Ms. Tennant is concerned about smog and stated it is destroying our planet. She further noted that the houses will slide because of the digging and wanted to know if this was public knowledge that this is happening. Yeager noted that legal notice is required and was published in the Dominion Post, posted in City Hall as well as online. We have also had red zoning signs posted in the property as well as neighbor notification within 100 feet of the property. Ms. Tennant asked what this construction is going to offer to the public. Benison stated the petitioner will address the questions. Benison further noted that questions will be specific to this case. Being none, the public opposition session has been closed. John Jarrett, 391 Laurel Street, the design building engaged by Hangover Easy. He noted that he appreciates the comments and that the project brings a wealth of opportunity to the Morgantown Board of Zoning Appeals Page 2 of 6 October 20, 2021, Minutes DRAFT  City. He discussed B&O tax on the construction and the meals served. Parking is at no cost to customers. Jarrett noted that the restaurant will focus on breakfast food. Jarrett noted that there are five other facilities owned by the petitioners at other Universities in the mid Atlantic region. 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)]. Again, each variance petition must be considered and acted upon by the Board separately. Staff had no additions or corrections to Findings of Fact provided in each application. Please see the attached conditional use and variance applications for this information. Note, staff separated the petitioner’s initial variance application into different case numbers, because the requests concerned two different sections of the City’s Planning and Zoning Code. Therefore, the application for Case No. V21-38 is the same application for Case No. V21-39. While staff does not provide a recommendation regarding the aforementioned project, the proposal is in keeping with the City’s Comprehensive Plan adopted in 2013. More specifically, the proposed project in in keeping with the Conceptual Growth Framework Map that encourages infill and redevelopment along University Avenue, between Patteson Drive and Law Center Drive. It is also in keeping with the City’s Land Management Map that encourages ‘Corridor Enhancement’ in the same area. Finally, the location of the proposed establishment is identified in the City’s Pattern and Character Map as ‘Neighborhood Corridor.’ A neighborhood Corridor is defined as follows in the Comprehensive Plan: Neighborhood Corridors are transitional areas between neighborhoods and more intensely developed commercial or urban corridors. The development pattern reflects the lot sizes and block structure of the surrounding neighborhood, but includes a mix of building types such as small residential buildings along the street and suburban-style buildings set back behind a surface parking lot. Uses also vary and include commercial, office, and multi-family residential. Since they share a neighborhood block structure, these corridors are more walkable than a Commercial Corridor. Due to the high levels of traffic, these areas will continue to face redevelopment pressure. Please see Addendum C to review the maps referenced above. In the event the petitioner’s requests above are granted, staff would recommend the following conditions: Approval of Case No. CU21-08 be conditioned on the owner securing all the necessary reviews, approvals and licenses from the City of Morgantown and the West Virginia Alcohol Beverage Control Administration (WV ABCA). There was discussion of the alcohol and the conditions. Yeager noted that ABCA license would have to be obtained and that they would have to follow the conditions with that license which is permitted in the B2 district. Morgantown Board of Zoning Appeals Page 3 of 6 October 20, 2021, Minutes DRAFT  Approval of the Case No. CU21-09 be conditioned on conditional use approval for Case No. CU21-08. Tomblin motioned to approve the findings of fact CU21-08 as presented by Staff seconded by Cook. Vote was unanimous. Cook moved to grant the conditional use applications, seconded by Tomblin. Vote was unanimous. Tomblin motioned to approve the findings of fact CU21-09, seconded by Cook. Vote was unanimous. Cook moved to grant the variance, seconded by Tomblin. Vote was unanimous. Approval of Case Nos. V21-38 and V21-39 be conditioned on approval of Case Nos. CU21- 08 and CU21-09. The applicant provides a revised site plan to Development Services staff to review/approve based on pending comments and requirements provided by Technical Review Team staff. This includes the addition of a sidewalk between the parking lot and University Avenue in accordance with the City’s engineering standards. The renovation, addition and outdoor seating areas be constructed in accordance with the performance standards listed in Article 1345.07 – Performance Standards in a B-1, Neighborhood Business District. The shared parking facilities located on Inglewood Boulevard comply with the following provisions in the City’s Planning and Zoning Code: Article 1365.04 (d) - Shared parking facilities—performance. An approved shared parking facility must be owned by the owner of one or more of the uses. A legal agreement detailing the shared parking arrangement (if approved) shall be executed and filed with the City Planning Department and recorded in the County Clerk's office. In lieu of ownership, the parking lot may be leased by the owner of one of the uses, provided that the duration of any such lease and sublease subsequent be not less than 20 years. No changes shall be made to the approved shared parking facility which would reduce the parking provided for the uses, unless the owner of one or more of the uses makes other arrangements to provide parking in conformance with minimum parking requirements. No such changes shall be made without prior approval from the Board of Zoning Appeals. Any proposed change in the use of a structure or land utilizing an approved shared parking facility shall provide evidence satisfactory to the Board of Zoning Appeals that adequate parking is available to accommodate any such use change. The City of Morgantown reserves the right to deny or revoke a certificate of occupancy to any land use, in the following situations: If a land use utilizing a shared parking facility changes from a daytime use to a nighttime use (or vice-versa); or changes to a use that requires more parking than the previous use, and the resulting change in parking requirements cannot be satisfied in the shared parking facility. Morgantown Board of Zoning Appeals Page 4 of 6 October 20, 2021, Minutes DRAFT  If a land use utilizing a shared parking facility loses the legal right, whether through voluntary or involuntary actions and circumstances, to continue using the shared parking facility; and such use cannot make arrangements to provide required parking elsewhere in conformance with minimum parking requirements. The exception to this shall be in the event of a public construction project that temporarily (one year or less) makes use of the shared facility impossible, or reduces effective use of the facility. Shared parking facilities shall provide signs on the premises indicating the availability of the facility for the patrons of the participating uses. Parking spaces to be shared must not be reserved for a specific person, or use, on a 24-hour basis. This shall not be construed so as to limit the development of parking for persons with disabilities. Article 1365.07 (c) Offsite parking facilities shall be encumbered by an easement or similar agreement duly executed and acknowledged, which specifies that the land upon which the off-site parking facility is located is encumbered by the parking use. Said instrument shall specify and bind the time period to the anticipated life of the building or use to which the parking facilities are accessory. Said instrument shall be filed in the applicable building permit files of the Department of Planning, and placed on public record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia. (d) It is the responsibility of the business owner to maintain current and valid parking as required by this ordinance. Evidence of such parking is required prior to approval and proof of current leases shall be made available at the request of the Planning Director. Each leased space shall have a sign noting the business for which the space is reserved. Signs shall be 12 inches wide by 18 inches tall and shall be mounted between three feet and five feet above the finished surface of the parking stall. The text on the sign shall state "This space is reserved for patrons of [name of the business] only, per City Code 1365.07(d)." All leased stalls shall be improved, paved and striped. Leasing of stalls shall not reduce the available parking below the minimum requirement for uses sharing the lot, except in conditions of shared parking as described in Section 1365.04(b) of this Code. Cook moved to accept the findings of fact for V21-38 as presented, seconded by Tomblin. Vote was unanimous. Tomblin moved to grant the variance for V21-38 with any conditions that apply, seconded by Cook. Vote was unanimous. Tomblin moved to accept the findings of fact as presented for V21-39 seconded by Cook. Motion by Cook to grant the variance for V21-39 as presented, seconded by Tomblin. Vote was unanimous. Benison noted that all of the requests have been granted. Decisions of the board may be appealed to the circuit court of Monongalia County within thirty days of receiving the written notification. Any work done relating to this decision within the thirty days will be at your own financial risk. Morgantown Board of Zoning Appeals Page 5 of 6 October 20, 2021, Minutes DRAFT  C. CU21-09 / Hangover Easy / 2916 University Avenue: Request by Jackson Gardner of Triad Engineering on behalf of Skaff Family Limited for a conditional shared parking facility use with two adjoining parcels of land; Tax District 15, Tax Map 11, Parcel 182, B-1, Neighborhood Business District. See above. D. V21-38 / Hangover Easy / 2916 University Avenue: Request by Jackson Gardner of Triad Engineering on behalf of Skaff Family Limited for variance relief from Article 1345 concerning setback and parking requirements; Tax District 15, Tax Map 11, Parcel 182, B-1, Neighborhood Business District. See above. E. V21-39 / Hangover Easy / 2916 University Avenue: Request by Jackson Gardner of Triad Engineering on behalf of Skaff Family Limited for variance relief from Article 1367 concerning buffer yard landscape requirements; Tax District 15, Tax Map 11, Parcel 182, B-1, Neighborhood Business District. See above. V. ANNOUNCEMENTS: Yeager informed the board that we have extended an offer which has been accepted to our new City Planner, Rodney Bohner, who will be starting January 10. Yeager also noted that work continues with Atlantic Broadband and noted that all of the requests that have been made by the board are being honored by the petitioner. VI. ADJOURNMENT: Meeting adjourned at 7:40 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Board of Zoning Appeals Page 6 of 6 October 20, 2021, Minutes DRAFT