Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING MINUTES 6:30 p.m. September 21, 2022 Mon County Commission Chambers MEMBERS PRESENT: Chris Benison, Logan Shamberger, Heidi Cook MEMBERS ABSENT: STAFF: Rodney Bahner, Planner 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 meeting minutes of March 16. Cook moved to approve, seconded by Shamberger. Vote was unanimous. Motion by Cook to approve the minutes of August 17, 2022, seconded by Shamberger. Vote was unanimous. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V 22-19 / Arnett-Vitez / Ridgeley Road Request by Jeffrey Arnett on behalf of David Vitez for variance relief from Article 1335.07 of the City’s Planning and Zoning Code regarding building design standards for new single- family dwelling construction; City Tax District 12, Tax Map 14, Parcel 414; R-1A Single Family Residential Zone. Bahner read the staff report and noted the petitioner was present. Benison asked about the reasoning of the projection of the garage. Bahner reported that the grade of the road necessitates this. Jeffrey Arnett, representing the property owner and the builder, David Vitez, were present. Mr. Vitez stated with the size of the lot and frontage and the topography, he thinks this is the best option to utilize the lot with a new home. Benison confirmed that given the lot constraints and working with planning and zoning regulations, that the builder has done his best to accommodate the home. Arnett noted that the front of the house has been dressed up so that the front of the garage is more decorative. Benison opened the public hearing. Seeing no one, the public hearing was closed. Bahner stated he received one email. He summarized that the complainant thinks the lot is too small to build on and concerns with the proposed driveway being directly across from an existing driveway across the street. Bahner replied to the email stating the lot is buildable lot Morgantown Board of Zoning Appeals Page 1 of 3 September 21, 2022 Minutes  and that the current proposal meets all the development requirements. If not for the variance, this request would have gone directly to the building permit process. Bahner doesn’t see any issues with the driveway being across from another one. He stated that if this were close to an intersection, we would investigate further, but doesn’t see any reason not to approve the variance for this reason. Benison asked for questions. Cook and Benison agreed this is a relatively small, straightforward request. STAFF RECOMMENDATION: The Board of Zoning Appeals must determine whether the 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)]. Staff has no additions, corrections, or modifications to the Findings of Fact presented in the application (attached) and recommends that that the Board of Zoning Appeals approve the variance request as submitted. Staff recommends that the Board approved the request. Cook moved to accept the findings of fact at presented in the packet, seconded by Shamberger. Vote was unanimous. Motion by Cook to grant the variance request, seconded by Shamberger. Vote was unanimous. B. CU 22-04 / Sabraton Hill Baptist Church / 1641 Sabraton Avenue Request by William Oliver for the Laurita Family Limited Partnership, on behalf of the Sabraton Hill Baptist Church, for Conditional Use Approval for a “Park and Recreational Services” facility (play area) as required by Article 1331 of the City’s Planning and Zoning Code; City Tax District 14, Tax Map 32, Parcel 128; R-1A, Single Family Residential District. Bahner read the staff report and noted the petitioner was present. Claude Alcar, 1331 Airport Boulevard. He discussed that the playground would be a grassy area. It would be fenced to contain approximately 25 children. He wants to ensure their safety, but also not make it look like they were in a cage. He further stated this area would only be used a few days a week. He noted that the fencing is already there. Benison opened the public hearing. Being no one to speak, the hearing was closed. STAFF RECOMMENDATION: The Board of Zoning Appeals must determine whether the request meets the standard criteria for a variance by reaching a positive determination for each of the “Findings of Fact” submitted Morgantown Board of Zoning Appeals Page 2 of 3 September 21, 2022 Minutes  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)]. Staff has no additions, corrections, or modifications to the Findings of Fact presented in the application (attached) and recommends that that the Board of Zoning Appeals approve the variance request as submitted. Staff recommends that the Board approved the request contingent upon the following conditions: 1. That the play area shall be incidental to and for the sole use of the Sabraton Hill Baptist Church. 2. That the play area shall not be rented, leased, or otherwise used in a commercial recreation capacity. 3. That any expansion of the play area or substantial change in the operations of the play area be reviewed and approved by the Board of Zoning Appeals. Benison noted the request is very straightforward and his only concern was fencing which has been addressed. Cook moved to accept the findings of fact as presented in the packet, seconded by Shamberger. Vote was unanimous. Cook moved to grant the conditional use with the conditions as presented in the packet, seconded by Shamberger. Vote was unanimous. Benison let the petitioner know that the conditional use approval will be mailed to them within five days of the hearing. V. ANNOUNCEMENTS: Bahner gave a brief comprehensive plan update. There is a process in place drafting the plan, and that we are still on track for late October. VI. ADJOURNMENT: Cook moved to adjourn. Vote was unanimous. Meeting adjourned at 7:12 p.m. MINUTES APPROVED: BOARD SECRETARY: _____________________________ Rodney Bahner, Planner Morgantown Board of Zoning Appeals Page 3 of 3 September 21, 2022 Minutes