Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING MINUTES 6:30 p.m. February 16, 2022 Council Chambers MEMBERS PRESENT: Chris Benison, Logan Shamberger, Heidi Cook MEMBERS ABSENT: 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. 2022 LEADERSHIP ELECTION – Chairman and Vice-Chairman. Benison opened the floor to nominations for Chair. Cook nominated Benison for Chair, Tomblin. Vote was unanimous. Nominations for Vice Chair, Ms. Cook was nominated, vote was unanimous. III. MATTERS OF BUSINESS: Approval of December 15, 2021, minutes. Cook moved to accept the minutes with changes, seconded by Benison. Meeting minutes were approved as presented. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. V21-42 / Primo LLC / 1409 Greenbag Road: Request by Johnna Watson for variance relief from Article 1369 of the City’s Planning and Zoning Code regarding signage; City Tax District 14, Tax Map 31, Parcel 101.9, B-2, Service Business District. Yeager presented the staff report and noted the petitioner was present. Steve Morgan, 951 Point Marion Road. Mr. Morgan discussed the signage requested. These would be in the same location as previous signs at the business. He stated the customer has requested the signage be a little higher and a little larger for better visibility. The signage will be placed on one of the gable ends of the building. Benison confirmed that there will be two signs. One in the gable end and one closer to the entrance. Morgan stated there would be no internal illumination or external illumination connected to the signage. 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 Morgantown Board of Zoning Appeals Page 1 of 3 February 16, 2022 Minutes  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), and as is customary, staff did not provide a recommendation for the case presented in this staff report. Cook mentioned that other variances have been issued for similar issues, and moved to accept the findings of fact as presented in the packet. Seconded by Shamberger. Vote was unanimous. Cook made a motion to accept the variance, seconded by Shamberger. Vote was unanimous. Variance was approved and written notification should be mailed within seven days. B. V21-43 / William Martin / 1021 Denver Avenue: Request by William Martin for variance relief from Article 1335 of the City’s Planning and Zoning Code regarding setback requirements in a R-1A, Single-Family Residential District; City Tax District 13, City Tax Map 25, Parcel 615, R-1A, Single-Family Residential District. Yeager presented the staff report and noted the petitioner was present. William Martin explained the reasoning for the increase in floor space utilizing the side porch. Mr. Martin stated the neighbors have no issues with the enclosure of this porch. Shamberger asked information about the distance of the fence from the unenclosed porch, Martin confirmed it was between 15 and 20 feet. Martin stated the neighbors had no issues with the construction project. Shamberger asked about the location of the fence, is it in the middle of the lot? Martin stated this would not be an issue even if they moved the fence to the property line. There would be no door leading out the middle of the closed in porch. Discussion ensued regarding future property disputes over boundaries. Martin thinks this will not be an issue. Benison asked if Martin and adjacent property owner would be interested in sharing a survey. Martin could not speak for the neighbor but feels that it is not necessary at this time. The property pins were located by Martin and adjacent owner and they feel there is no issue. Benison opened the public hearing. Rodney Bahner noted that having the two property owners in agreement could possibly have a property boundary agreement, even if informally. That would protect them both in the event of sale etc. This would also permit for maintenance around the fence area. Morgantown Board of Zoning Appeals Page 2 of 3 February 16, 2022 Minutes  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) and recommends that that the Board of Zoning Appeals approve the variance request as submitted, provided the intended enclosure and remodel of the existing porch is not extended any further toward the side yard property line. Cook made a motion to accept the findings of fact as presented. Seconded by Shamberger. Vote was unanimous. Cook made a motion to approve the variance plus or minus five feet with a maintenance easement explained by Mr. Bohner as pertaining to the enclosed porch area, seconded by Shamberger. Vote was unanimous. Variance was approved and written notification should be mailed within seven days. VI. ANNOUNCEMENTS: Welcome to Mr. Rodney Bohner. Mr. Meehan has been confirmed as an alternate on the BZA. Next meeting March 16 with Rodney Bahner leading that meeting. Also, the City has launched the Comprehensive Plan for the City. More information will be detailed at two public meetings, the first March 3 at 6:00 p.m. at the Morgantown Event Center, the second will be a virtual meeting on March 5 at 10:00 a.m. VII. ADJOURNMENT: Cook made motion to adjourn. Meeting adjourned at 7:30 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rodney Bahner, AICP Morgantown Board of Zoning Appeals Page 3 of 3 February 16, 2022 Minutes