Board of Zoning Appeals

BOARD OF ZONING APPEALS SPECIAL MEETING MINUTES 6:30 p.m. December 15, 2021 Council Chambers MEMBERS PRESENT: Kevin Meehan, Heidi Cook MEMBERS ABSENT: Garrett Tomblin STAFF: Rickie Yeager I. CALL TO ORDER AND ROLL CALL: Benison called the meeting to order and read the pre- meeting announcement. Benison did note a resolution by the City of Morgantown regarding masks at public meetings. II. MATTERS OF BUSINESS: Approval of November 17, 2021, minutes. Benison moved to accept the minutes with changes, seconded by Cook. Meeting minutes were approved as amended. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: V21-40 / City Neon / 407 High Street: Request by Crystal Miller on behalf of Smoke Zone Smoke Shop for variance relief from Article 1369.07 regarding conditions for permitted signs and Article 1369.08 regarding lighting and design standards; Tax District 11, Tax Map 26, Parcel 85, B-4, General Business District. Yeager presented the staff report and noted the petitioner was present. Crystal Miller, representing the petitioner, explained in detail her request. She explained the need for illumination of the signage due to evening hours of operation. Mr. Meehan asked about the length of illumination. Miller explained that the standard operation is that the lighting is on a timer based on the hours of operation of the business. Yeager mentioned that the details of the signage were included in the packet on page 19. Being no other discussion the public hearing was opened. Being no one 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 Morgantown Board of Zoning Appeals Page 1 of 4 December 15, 2021, Minutes  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), and as is customary, staff did not provide a recommendation for the case presented in this staff report. Meehan asked for comments or concerns regarding the findings of fact. Meehan noted page 17, regarding other businesses with illumination, materials and increased size allowance. He does not find this consistent with the facts presented to us, and that the applicant is not requesting variance relief for materials. Further discussion regarding revision of the code needs to be considered. Cook moved to approve the findings of fact as listed in the packet, seconded by Meehan. Motion to grant the variance by Cook in regard to illumination and increasing the size allowance, seconded by Benison. Benison noted that this is not contingent on any conditions. Vote was unanimous. CU21-10 / Flour and Feed / 156 Clay Street: Request by Tyler Mathess for a conditional ‘restaurant, private club’ use; Tax District 9, Tax Map 28, Parcel 38, B-4, General Business District. Yeager presented the staff report and noted the petitioner was present. Tyler Mathess, Flour and Feed, 156 Clay Street. Mr. Mathess explained that he has recently purchased the business and hopes to get going soon. Mr. Mathess also operates a catering business through the business and does special events. It was confirmed that the business hours and catering hours run concurrent. Benison asked about the success of the business since COVID, and Mr. Mathess noted things are picking up slowly. He hopes to increase staff and hours in the near future. Benison asked about the alcohol/food sales ratio and Mr. Mathess noted the food sales have been much more than alcohol sales. Mr. Mathess noted that his main focus is the food. Mr. Mathess noted that the addition of the catering business will not change the infrastructure of the business in any way. Public hearing was opened. Being no one, the 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)]. After review, staff had no additions, corrections or modifications to the Findings of Fact presented in the application (attached hereto). Additionally, staff did not provide a recommendation for the case presented in this staff report; however, if the Board does grant conditional use approval for the proposed establishment, staff recommends the following conditions be reinstituted in accordance with the Board’s previous decision in March 2017: A. That the petitioner must maintain compliance with all supplemental regulations set forth in Section 1331.06(27) of the Planning and Zoning Code. Morgantown Board of Zoning Appeals Page 2 of 4 December 15, 2021, Minutes  B. That the petitioner must obtain permitting as a “restaurant” from the Monongalia County Health Department under the Monongalia County Clean Indoor Air Regulations. C. That the “Restaurant, Private Club” use shall be limited to the interior design and identified areas of the subject building as illustrated on the drawings submitted with the application and reviewed and approved by the Board of Zoning Appeals. Any expansion of the conditional use or significant deviation from said facility layout design, operations, or proposed dining experience must first be approved by the Board of Zoning Appeals. D. That, to ensure that the petitioner’s business description and plans are executed as described and considered in granting the one-year “bona fide restaurant” waiver, the subject “Restaurant, Private Club” use must: a. Be open to the general public a minimum of 11:00 a.m. to 1:00 p.m., five days a week, for the purpose of serving lunch as generally described in the menu submitted with the petitioner’s conditional use application. E. The petitioner shall voluntarily submit all necessary financial information to the City for the subject establishment following its first twelve (12) months of operation as a “Restaurant, Private Club” use to ensure compliance with Section 1331.06(27)(e) provisions, which requires the sale of food and non-alcoholic beverages to comprise a minimum of 60 percent of total gross sales of all food and drink items in each calendar month. F. That any regulated signage shall be reviewed and approved by the Downtown Design Review Committee and the Planning Division prior to building permit issuance for same. G. That the beneficiary of this conditional use approval is Flour and Feed Co. LLC, which may not be transferred without prior approval of the Board of Zoning Appeals. Benison noted the name change in item G to the current business name. Cook moved to accept the findings of fact as stated in the packet, seconded by Meehan. Cook moved to approve the variance with conditions listed in the packet, seconded by Meehan. Vote was unanimous and conditional use was approved. Benison noted a written notification will be provided within seven days. V21-41 / Scott Properties / 10 Salthouse Lane: Request by Gregg Matheny for variance relief from Article 1331.08 regarding accessory structures and uses in residential districts; Tax District, 15, Tax Map 55, formerly part of Parcel 72, R-1, Single-Family Residential District. Yeager presented the staff report and noted the petitioner was present. Benison questioned the side setback and Yeager confirmed it was 14.8 feet from the new road. The new road to access the property is a 20’ private right of way. Curt Lambeth, on behalf of Scott Properties. He noted that he would like to build a freestanding garage which would be identical to the garage/house that sits behind the property with the current variance. Yeager noted that the house mentioned behind the property is not shown on the current plat, but that the garages would be across from each other. Yeager noted that he would provide more currently dated photos in the future. Morgantown Board of Zoning Appeals Page 3 of 4 December 15, 2021, Minutes  Yeager further commented on the setback requirements and noted that Eastern avenue is noted the front, when in reality it is not the front of the home. Benison asked about consistency to the character of the neighborhood. Meehan noted that he had driven through the neighborhood and the new area is well done and in line with the development across the road. Meehan believes that it fits spatially and aesthetically. Benison asked the age of the structure and general consensus was the 70’s. Public hearing was opened. Being no one present, the 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)]. After review, staff had no additions, corrections or modifications to the Findings of Fact presented in the application (attached hereto). Additionally, staff recommends approval of the variance request as presented and in accordance with the site plan submitted with building permit application to the City’s Code Enforcement Office (2021-1797). Cook moved the accept the findings of fact as presented in the packet, seconded by Meehan. Cook moved to approve the variance, seconded by Meehan. Vote was unanimous. Variance was granted. Approval letter from the Planning office will be provided within seven days. V. ANNOUNCEMENTS: Yeager noted that the new calendar is included in the packets and noted clear of all holidays. January 19 meeting will have two items of business and information will be coming out to you all soon. Mr. Meehan will be vacating his position as a full time member, but will remain as an alternate. Yeager thanked him for his service to the Board. Yeager wished everyone a Merry Christmas and is looking forward to next year. VI. ADJOURNMENT: Cook made motion to adjourn. Meeting adjourned at 6:50 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Board of Zoning Appeals Page 4 of 4 December 15, 2021, Minutes