Board of Zoning Appeals

BOARD OF ZONING APPEALS SPECIAL MEETING MINUTES 6:30 p.m. November 17, 2021 Council Chambers MEMBERS PRESENT: Kevin Meehan, Heidi Cook and 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 October, 2021. Cook moved to accept and Meehan seconded. Meeting minutes were approved as presented. Yeager stated the next meeting will be December 15. The meeting calendar for the new year will be available to review at that time. Yeager noted we still had vacancies for the Board, and asked for some recommendations. He stated he appreciated all of their service. III. UNFINISHED BUSINESS: IV. NEW BUSINESS: A. V21-39 / 56 Webster Avenue / Bergner: 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. Gwen Bergner, 56 Webster Avenue stated that her current garage is non salvageable. She would like to remove the garage and build a new one. She would like to enlarge slightly to be able to accommodate a vehicle, which the current one cannot do. Ms. Johns confirmed that this is a pretty simple request, just needing permission. Public hearing was opened. Being no one the public hearing was closed. Cook moved to accept the findings of fact as presented in the packet, seconded by Meehan. Vote was unanimous. 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 Morgantown Board of Zoning Appeals Page 1 of 2 November 17, 2021, Minutes  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)]. After review, staff had no additions, corrections or modifications to the Findings of Fact presented in the application (attached hereto). Furthermore, staff recommends approval of the petitioner’s variance request described above. Motion by Cook to grant the variance with any recommendations as stated in the packet. Seconded by Meehan. 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. V. ADJOURNMENT: Meeting adjourned at 6:50 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Board of Zoning Appeals Page 2 of 2 November 17, 2021, Minutes