Board of Zoning Appeals

MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 PM. Mon County Courthouse – 243 High Street, 2nd Floor Board of Zoning Appeals Chris Benison, Chair AGENDA Heidi Cook, Vice-Chair Logan Shamberger I. CALL TO ORDER AND ROLL CALL Vacancy II. MATTERS OF BUSINESS: Vacancy A. Meeting minutes from September 21, 2022 B. 2023 General Meeting Calendar III. NEW BUSINESS A. CU 22-05 / Redmond / 720 Powell Avenue Request by James Redmond for Conditional Use Approval for a “Dance or Social Club, Youth” establishment and for off-site parking at 720 Powell Avenue as required by Articles 1331 and 1365 of the City’s Planning and Zoning Code; City Tax District 10, Tax Map 30, Parcel 98; B-1, Neighborhood Business District. If you need an B. CU V 22-20 / City Neon / 244 Beechurst Avenue: accommodation, please contact us at Request by Crystal Miller on behalf of Joseph Panico for variance relief 304-284-7431. from Article 1369 of the City’s Planning and Zoning Code regarding signage; City Tax District 12, Tax Map 19, Parcels 124 and 125; B-2, Neighborhood Business District. C. V 22-21 / Van Voorhis-Stewart / 904 Dudley Avenue: Request by William Van Voorhis for variance relief from Article 1333 of the City’s Planning and Zoning Code regarding minimum lot frontage and minimum setback requirements in the R-1, Single-Family Residential District; City Tax District 15, City Tax Map 11, Parcel 206, R-1, Single-Family Residential District Development Services IV. ANNOUNCEMENTS Rickie Yeager, AICP Director V. ADJOURNMENT Planning Division Rodney Bahner, AICP Senior Planner NOTE: Due to renovations at Morgantown City Hall, this public hearing will 389 Spruce Street be held in Monongalia County Commission Chambers, 2nd Floor, Morgantown, WV 26505 243 High Street, Morgantown, WV. 304.284.7431 Morgantown Board of Zoning Appeals MEETING PACKET October 19, 2022 6:30 p.m. Mon County Commission Chambers Board Members: Chris Benison, Chair Heidi Cook, Vice-Chair Logan Shamberger Vacancy Vacancy Development Services Department Rodney Bahner, City Planner  BZA Pre-Meeting Announcement Good evening and welcome to the regular/special meeting of the City of Morgantown Board of Zoning Appeals. Please turn off all cell phones or other devices that may disrupt these proceedings. It is the duty of this Board to consider requests for relief from the requirements of the City’s zoning regulations; to consider conditional use permit requests; and, to hear administrative appeals. The Board conducts business in the following order: Review, amend, and approve minutes of a previous meeting. Unfinished Business New Business Announcements from Staff Each request is heard in the order that it appears on the agenda. For each Conditional Use and Variance request, the following is done: I will introduce the agenda item and the Planning Division will present a Staff Report, which may or may not offer a recommendation. The applicant/agent will be asked to present their justification for their request, which may include questions by members of the Board. I will then open a PUBLIC HEARING to hear testimony in support of, or in opposition to, the request. Rules regarding public testimony are as follows: Anyone wishing to testify during the public hearing may do so once recognized by me or may, in lieu of oral testimony, submit written testimony to the Chair. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. All comments must be addressed to the Board, should be relevant to the application, and may not be of a personal nature or personal attacks. All speakers will be limited to FIVE (5) MINUTES. If members of the Board have any questions of the speaker, that time will not be counted toward his/her five (5) minutes. If there is a large number of speakers, including many who are part of groups or organizations, I may, to avoid repetitive comments, elect to ask for a representative to speak on behalf of the group or organization. Excerpt from BZA Bylaws Policy Annex 1 Page 1 of 2 Adopted January 20, 2016 BZA Meeting Packet October 2022 Page 2 of 43  Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting his/her opportunity to participate in the public hearing. I may elect to recognize the applicant/agent at the end of the public hearing to provide rebuttal or additional comments, which will be limited to five (5) minutes. If members of the Board have any questions of the applicant/agent, that time will not be counted toward his/her five (5) minutes. After all testimony is heard, I will declare the PUBLIC HEARING CLOSED and no further public comment will be permitted. Uncivil, unruly, and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting. State law requires the Board to consider findings of fact for each conditional use and variance request. The request cannot be granted unless a majority of the quorum present finds in the positive of ALL of the findings of fact. The Board may elect to continue the hearing to another date if it needs additional information. Applicants and requesting parties will be notified in writing by the Planning Division of the Board’s findings and conclusions. Regardless of whether a request is approved or denied, decisions of the Board can be appealed to the Circuit Court of Monongalia County within thirty (30) days upon receipt of the written notification. Any work done relating to decisions rendered by this Board during this thirty-day period is at the sole financial risk of the applicant. Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants. Excerpt from BZA Bylaws Policy Annex 1 Page 2 of 2 Adopted January 20, 2016 BZA Meeting Packet October 2022 Page 3 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 4 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 PM. Mon County Courthouse – 243 High Street, 2nd Floor Board of Zoning Appeals Chris Benison, Chair AGENDA Heidi Cook, Vice-Chair Logan Shamberger I. CALL TO ORDER AND ROLL CALL Vacancy II. MATTERS OF BUSINESS: Vacancy A. Meeting minutes from September 21, 2022 B. 2023 General Meeting Calendar III. NEW BUSINESS A. CU 22-05 / Redmond / 720 Powell Avenue Request by James Redmond for Conditional Use Approval for a “Dance or Social Club, Youth” establishment and for off-site parking at 720 Powell Avenue as required by Articles 1331 and 1365 of the City’s Planning and Zoning Code; City Tax District 10, Tax Map 30, Parcel 98; B-1, Neighborhood Business District. If you need an B. CU V 22-20 / City Neon / 244 Beechurst Avenue: accommodation, please contact us at Request by Crystal Miller on behalf of Joseph Panico for variance relief 304-284-7431. from Article 1369 of the City’s Planning and Zoning Code regarding signage; City Tax District 12, Tax Map 19, Parcels 124 and 125; B-2, Neighborhood Business District. C. V 22-21 / Van Voorhis-Stewart / 904 Dudley Avenue: Request by William Van Voorhis for variance relief from Article 1333 of the City’s Planning and Zoning Code regarding minimum lot frontage and minimum setback requirements in the R-1, Single-Family Residential District; City Tax District 15, City Tax Map 11, Parcel 206, R-1, Single-Family Residential District Development Services IV. ANNOUNCEMENTS Rickie Yeager, AICP Director V. ADJOURNMENT Planning Division Rodney Bahner, AICP Senior Planner NOTE: Due to renovations at Morgantown City Hall, this public hearing will 389 Spruce Street be held in Monongalia County Commission Chambers, 2nd Floor, Morgantown, WV 26505 243 High Street, Morgantown, WV. 304.284.7431 BZA Meeting Packet October 2022 Page 5 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 6 of 43  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 BZA Meeting Packet October 2022 Page 7 of 43  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 BZA Meeting Packet October 2022 Page 8 of 43  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 BZA Meeting Packet October 2022 Page 9 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 10 of 43 BZA Meeting Packet Board of Zoning Appeals Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Hearing 17- 16- 15- 18-Jan 15-Feb 15-Mar 19-Apr 21-Jun 19-Jul 20-Sep 18-Oct 20-Dec Date May Aug Nov Application 11- 10- 8-Dec 5-Jan 2-Feb 9-Mar 6-Apr 8-Jun 6-Jul 7-Sep 5-Oct 9-Nov Deadline May Aug October 2022 Page 11 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 12 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board Members: STAFF REPORT Chris Benison, Chair Heidi Cook, Vice-Chair CASE NO: Logan Shamberger CU 22-05 / Redmond / 720 Powell Avenue Vacancy Vacancy REQUEST: Request by James Redmond for Conditional Use Approval for a “Youth Dance or Social Club” facility and for off-site parking approval as required by Articles 1331 (Permitted Land Uses) and 1365 (Parking) of the City’s Planning and Zoning Code. TAX MAP NUMBER and ZONING DESCRIPTION: City Tax District 10, Tax Map 30, Parcel 98; B-1, Neighborhood Business District SURROUNDING ZONING: East and West: B-1, Neighborhood Business District North and South: R-1A, Single Family Residential District BACKGROUND and ANALYSIS: Mr. Redmond seeks to establish a community live music venue. The petitioner does not propose to sell alcoholic beverages nor are they to be consumed within the establishment, consistent with the land use code definition of “Youth Dance or Social Club”: Section 1329.02 – Definition of terms. Dance or social club, youth means an establishment that does not sell, serve or allow alcoholic beverages to be consumed on the premises, and where dancing and other social activities occur. The proposed live music venue will occupy the second floor of an existing building previously used for warehouse storage and subsequently as a fleet vehicle garage. The subject building is attached to an existing beer distribution warehouse, which is part of a multi-parcel, mixed-use development including the distributor and rental housing units. On Development Services the same parcel as the proposed music venue is a legally established nonconforming Planning Division gravel parking area with access to Powell Avenue. Rickie Yeager, AICP Director “Youth dance or social club” is a conditional use in the B-1, Neighborhood Business District per Table 1331.05.01: Permitted Land Uses. As such, the applicant is seeking Conditional Rodney Bahner, AICP Planner Use Permit approval. 389 Spruce Street According to the petitioner’s application and exhibits: Morgantown, WV 26505 Facility will only be open for scheduled events, occurring primarily during evening 304.284.7431 hours (two to three hours in duration and weekends; closing by 11 pm). Page 1 of 4 BZA Meeting Packet October 2022 Page 13 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board Members: Facility operations are limited to providing space for live music and social Chris Benison, Chair gatherings—no food or beverages will be sold on premises by the petitioner. Heidi Cook, Vice-Chair Garbage will be collected in an enclosed garage and placed curbside on Logan Shamberger designated collection day. Garage is directly adjacent to Republic pick-up point. Vacancy Establishing any new use requires providing off-street parking as outlined in Section Vacancy 1365.04. Per Table 1365.04.01: Minimum Off-Street Parking Requirements, the minimum parking for a youth social club is determined by the establishment’s gross floor area (GFA). Specifically, the requirements prescribe one space per 100 sq. ft. of GFA plus one space per employee. Final parking requirements will be determined at the time of Certificate of Occupancy issuance. However, based on the applicant’s site plan the venue encompasses approximately 4,000 sq. ft and will have one employee. As such, the applicant will need provide up to 41 off-street parking spaces. In order to accommodate the total required parking, the applicant requests permission from the Board to utilize an existing paved lot within the greater mixed-use development. The paved lot is located opposite the distribution warehouse (east side) (see applicant’s site plan). The offsite lot appears to contain sufficient space to accommodate approximately 17 parking spaces in addition to spaces already afforded to the distribution warehouse and rental housing units. Development Services Planning Division Rickie Yeager, AICP Director Rodney Bahner, AICP Planner Per Sec. 1365.07. - Off-site parking facilities, only the Board may grant conditional use 389 Spruce Street approval to provide required spaces on a different site. Arguably, the proposed parking Morgantown, WV 26505 located to the east of the warehouse (Parcel 99) is on the same development site. Staff 304.284.7431 note that this additional parking area is on a separate parcel which is owned by a different party than the music venue parcel (Parcel 98). Staff understand that both parcels are Page 2 of 4 BZA Meeting Packet October 2022 Page 14 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board Members: owned by the same individual, Mr. Tony Tarantini, but that one parcel is under a separate Chris Benison, Chair limited liability corporation. Out of an abundance of caution, the petitioner is requesting Heidi Cook, Vice-Chair the Board’s approval to utilize a portion of the exiting paved lot, located on Parcel 99 as off-site parking. The request is to be considered concurrently under the subject conditional Logan Shamberger use permit request. Vacancy Vacancy STAFF RECOMMENDATION: The Board of Zoning Appeals must determine whether the request meets the standard criteria for a conditional use 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). Given the intermittent use of the music venue, the opportunity for adaptive reuse of an existing building, and based on the proximity and segregation of uses on the abutting offsite parking parcel, staff recommends that that the Board of Zoning Appeals approve the conditional use permit and offsite parking request contingent upon the following conditions: 1. That the “Youth Social Club” use granted herein shall be limited to the identified areas of the subject development site 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 must first be approved by the Board of Zoning Appeals. 2. That minimum required onsite parking stalls shall be lined to preserve the access easement across the subject property and to ensure that the existing nonconforming lot is not expanded. 3. That all 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 Development Services instrument shall specify and bind the period to the anticipated life of the building or Planning Division 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 Rickie Yeager, AICP Director public record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia. Rodney Bahner, AICP Planner 4. That it is the responsibility of the petitioner to maintain current and valid parking as required by this ordinance. Evidence of such parking arrangement is required prior 389 Spruce Street to Certificate of Occupancy approval and proof of current offsite parking agreement Morgantown, WV 26505 shall be made available at the request of the Planning Director. Offsite parking 304.284.7431 areas shall have a sign noting the business for which the spaces are reserved. Signs shall be at least 12 inches wide by 18 inches tall and shall be mounted Page 3 of 4 BZA Meeting Packet October 2022 Page 15 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board Members: between three feet and five feet above the finished surface of the parking stalls. Chris Benison, Chair The text on the sign shall state "This space is reserved for patrons of [name of the Heidi Cook, Vice-Chair business] only, per City Code 1365.07(d)." All off-site stalls shall be striped. Designation of off-site stalls shall not reduce the available parking below the Logan Shamberger minimum requirement for uses sharing the lot. Vacancy Vacancy 5. That within six months of Certificate of Occupancy issuance, the petitioner shall establish pedestrian path(s) from Decker’s Creek Trail path to onsite and offsite parking areas. Said path shall be constructed of at least crushed gravel and be at least three feet wide. Any work in the public right of way shall be reviewed and approved by City of Morgantown Public Works Engineering. 6. That the beneficiary of this conditional use approval is specific to James Redmond. Said beneficiary may not be transferred without prior approval of the Board of Zoning Appeals. Enclosures: Addendum A and the Application Development Services Planning Division Rickie Yeager, AICP Director Rodney Bahner, AICP Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 4 of 4 BZA Meeting Packet October 2022 Page 16 of 43  ADDENDUM A CU 22-05 / Redmond / 720 Powell Avenue Location Map B-5 Source: Monongalia County Parcel Viewer Map Zoning Map R-1A B-1 R-1A B-1 I-1 BZA Meeting Packet October 2022 Page 17 of 43  ADDENDUM A CU 22-05 / Redmond / 720 Powell Avenue Streetview (Google) BZA Meeting Packet October 2022 Page 18 of 43 BZA Meeting Packet October 2022 Page 19 of 43 BZA Meeting Packet October 2022 Page 20 of 43 BZA Meeting Packet October 2022 Page 21 of 43 BZA Meeting Packet October 2022 Page 22 of 43 BZA Meeting Packet October 2022 Page 23 of 43 BZA Meeting Packet October 2022 Page 24 of 43 BZA Meeting Packet October 2022 Page 25 of 43 BZA Meeting Packet October 2022 Page 26 of 43 BZA Meeting Packet October 2022 Page 27 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 28 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board of Zoning Appeals STAFF REPORT Chris Bennison, Chair Heidi Cook, Vice-Chair CASE NO: V 22-20 / City Neon / 244 Beechurst Avenue Logan Shamberger Vacancy REQUEST and LOCATION: Vacancy Request by Crystal Miller of City Neon on behalf of Raise the Standard LLC for variance relief from Article 1369 concerning signage. TAX MAP NUMBER(s) and ZONING DESCRIPTION: City Tax District 12, Tax Map 19, Parcels 124 and 125; B-2, Neighborhood Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. SURROUNDING ZONING: North, South, and West: B-2, Service Business District, SSOD, Sunnyside South Overlay District, and BCOD, Beechurst Corridor Overlay District. East: R-3, Multi-Family Residential District, SSOD, Sunnyside South Overlay District. BACKGROUND and ANALYSIS: The petitioner seeks to install wall signage at 244 Beechurst Avenue, requiring variance relief from Article 1369 of the Planning and Zoning Code. Addendum A of this report illustrates the location of the subject site. 244 Beechurst Avenue is developed with a Multi-Family Dwelling. Section 1369.09(b) provides the following requirements for signs for multi-family uses: (b) Signs for multifamily residential uses in all districts: (1) Shall only advertise project names; (2) Shall be permitted six square feet of sign area, plus 0.1 square feet per dwelling unit, up to a maximum of 24 square feet. Development Services Planning Division The proposed sign is 29.79 square feet requiring variance relief of 22.35 square feet as Rickie Yeager, AICP illustrated in the table on page 2 of this staff report. Director Rodney Bahner, AICP Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 BZA Meeting Packet October 2022 Page 29 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board of Zoning Appeals Chris Bennison, Chair Heidi Cook, Vice-Chair Wall Signage Sign Area Logan Shamberger Vacancy Vacancy 29.75 sf Total Permitted Sign Standards (14-total units) 7.4 sf Total Requested Variance 22.39 sf STAFF RECOMMENDATION: It is the duty of the Board of Zoning Appeals to 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 to deny the subject variance petition. [See WV State Code 8A-8-11(e) and 8A-7-11(b)]. Addendum B of this report restates the petitioner’s Findings of Fact responses. As is customary with sign variance petitions, no recommendation is submitted by Staff concerning whether variance relief should be granted. Development Services Planning Division Enclosures: Addendum A and the application Rickie Yeager, AICP Director Rodney Bahner, AICP Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 BZA Meeting Packet October 2022 Page 30 of 43  ADDENDUM A V 22-20 / City Neon / 244 Beechurst Avenue Location Map B-5 Source: Monongalia Source: County Monongalia Parcel County Viewer Parcel MapMap Viewer Zoning Map PUD R-3 B-2 R-3 BZA Meeting Packet October 2022 Page 31 of 43  Intentional Blank Page BZA Meeting Packet October 2022 Page 32 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board of Zoning Appeals STAFF REPORT Chris Bennison, Chair Heidi Cook, Vice-Chair CASE NO: V 22-21 / Van Voorhis-Stewart / 904 Dudley Avenue Logan Shamberger Vacancy REQUEST and LOCATION: Vacancy Request by William Van Voorhis for variance relief from Article 1333 of the City’s Planning and Zoning Code regarding minimum lot frontage and minimum setback requirements in the R-1 zone district. TAX MAP NUMBER (s) and ZONING DESCRIPTION: City Tax District 15, City Tax Map 11, Parcel 206, R-1, Single-Family Residential District SURROUNDING ZONING: R-1, Single-Family Residential District BACKGROUND: The petitioner seeks to subdivide Parcel 206 into two parcels in a manner similar to the original platted city lots. Addendum A of this report illustrates the location of the subject parcel. There are currently two structures situated on property: one single-family dwelling and an accessory building identified as a garage. The resulting minor subdivision would Development Services Planning Division Rickie Yeager, AICP Director Rodney Bahner, AICP Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 3 BZA Meeting Packet October 2022 Page 33 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board of Zoning Appeals result in two parcels. The Planning Commission will review and approve the petitioner’s Chris Bennison, Chair related Minor Subdivision (MNS 22-08). Heidi Cook, Vice-Chair The proposed two-parcel configuration results in new lot line near the existing accessory Logan Shamberger structure—a detached garage which has stood since at least 1960. The setback for accessory structures in residential zones is five feet from the property line. The proposal Vacancy results in a setback of 1.1 feet. As such, the petitioner requests a 3.9-foot variance from Vacancy the side yard setback standard. As proposed, the division results in two lots with 62.5 feet of lot frontage along Dudley Avenue. The depths of the proposed parcels would be 120 feet, providing parcel areas of 7,500 square feet, exceeding the minimum parcel area of 7,200 square feet in the R-1 District (Section 1333.03(a)) The approval of a variance is required from the minimum lot frontage standard of 70 feet in the R-1 District (Section 1333.03(b)) because the each of frontages of the proposed parcels will be approximately less than 70 feet—62.5 feet as proposed. STANDARD VARIANCE REQUEST Sec 1331.08(3) Minimum setback accessory 3.9 feet structure: 5 feet Sec 1333.03(b) Minimum lot frontage: 70 feet 7.5 feet ANALYSIS: Regarding variance relief for accessory structure setback, the petitioner states that the garage has existed for decades with no apparent detriment to the neighborhood. The petitioner further states that they would be open to establishing an additional 5-foot access easement on the newly created parcel to ensure ample separation from any future development and to allow for maintenance access. Regarding variance relief for lot frontage, the petitioner points out that many of the parcels along Dudley Avenue share a similar frontage width. The frontages appears to be a result of the original lot configuration created by the establishing subdivision plat. Development Services Planning Division STAFF RECOMMENDATION: Rickie Yeager, AICP Director 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 Rodney Bahner, AICP “Findings of Fact” submitted by the petitioner. If the Board disagrees with the petitioner’s Planner “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 389 Spruce Street on which it bases its decision to deny the subject variance petition. [See WV State Code Morgantown, WV 26505 304.284.7431 8A-8-11(e) and 8A-7-11(b)]. Page 2 of 3 BZA Meeting Packet October 2022 Page 34 of 43  MORGANTOWN BOARD OF ZONING APPEALS October 19, 2022 6:30 p.m. Monongalia County Commission Chambers – 243 High Street Board of Zoning Appeals After review, staff had no additions, corrections or modifications to the Findings of Fact Chris Bennison, Chair presented in the application (attached hereto). Heidi Cook, Vice-Chair Staff recommends variance relief from Sections 1331.08(3) and 1333.03(b) be granted as Logan Shamberger the development site’s configuration does not permit an alternative which would otherwise meet the setback requirement. The proposed configuration Should the Board decide to Vacancy grant variance relief, staff recommends the following condition be included: Vacancy That prior to final plat approval, a 5-foot-wide maintenance access easement agreement be established and recorded with the deeds of Lot 61 and Lot 62 for the benefit of each respective parcel. Enclosures: Addendum A and the application Development Services Planning Division Rickie Yeager, AICP Director Rodney Bahner, AICP Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3 BZA Meeting Packet October 2022 Page 35 of 43  ADDENDUM A V 22-21 / Van Voorhis-Stewart / 904 Dudley Avenue Location Map Source: Monongalia County Parcel Viewer Map Zoning Map PRO R-1 R-1 B-5 BZA Meeting Packet October 2022 Page 36 of 43 Streetview Source: Google Streetview BZA Meeting Packet October 2022 Page 37 of 43  CASE NO. Name: Phone: Street Mailing Mobile: Address: City State Zip Email: Street Address: Owner: Zoning: Tax Map No: Street Mailing Parcel No: Address: City State Zip Phone: Describe the specific use and the standard for which the variance is sought. I hereby certify that I am the owner of record of the named property, or that this application is authorized by the owner of record and that I have been authorized by the owner to make this application as his/her authorized agent. I agree to conform to all applicable laws of this jurisdiction. The granting of a variance does not presume to give authority to violate or cancel the provisions of any other federal, state, or local law regulating construction or the performance of construction. I certify that the information submitted herein and attached hereto is true and accurate and understand that if found otherwise may result in the denial of this request or subsequent revocation of any and all related approvals. The undersigned has the pow er to authorize and does hereby authorize City of Morgantown representatives on official business to enter the subject property as necessary to process the application and enforce related approvals and conditions. I hereby authorize the Development Services Department to erect a notification sign on the subject property approximately 15 days prior to the BZA hearing. I further agree to maintain said signage and hereby accept responsibility in case of destruction or removal. Type/Print Name of Applicant/Agent Signature of Applicant/Agent Date Development Services Department Page 1 of 4 www.morgantownwv.gov Form Rev. 20180701 BZA Meeting Packet October 2022 Page 38 of 43  CASE NO. This application must be accompanied by a site plan illustrating the following information, unless otherwise stipulated by the Planning Division or Board of Zoning Appeals. Vicinity map showing all adjacent properties and nearby streets within a 300-foot radius around the project site, drawn or illustrated at an appropriate scale. A site plan (3 copies) drawn to scale at a minimum 1" = 50' and a maximum of 1" = 10' and include the following: The actual dimensions, size, square footage, and shape of the lot to be built upon as shown on an actual survey by a licensed land surveyor or registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law. The exact sizes and locations on the lot of existing structures, if any. The location(s), square footage(s), and dimensions of all proposed principal, accessory and/or temporary structure(s), and/or alteration(s). The location of the lot with respect to adjacent rights-of-way. Parking Plan. The location and dimensions of off-street parking and means of ingress and egress for such space. Required and proposed setbacks. Buffer yard location and landscaping and screening plan, if app licable. Landscaping Plan should be a separate drawing based on the site plan. Location of garbage collection area and screening. Location of existing and/or proposed signage, if applicable. Roadway typical detail for internal roadways, if applicable. Additional information that may be required by the Planning Division or the Board of Zoning Appeals includes building elevations/renderings, floor plans, traffic impact study, existing and proposed grading plans, erosion and sediment control plan, stormwater management plan, etc. The Board of Zoning Appeals may grant a variance request only if each of the following Findings of Fact criteria are determined to be in the positive. Applicants must give their own responses to the following finding of fact statements. Development Services Department Page 2 of 4 www.morgantownwv.gov Form Rev. 20180701 BZA Meeting Packet October 2022 Page 39 of 43  CASE NO. COMPLETE THE FOLLOWING STATEMENTS IN THIRD PERSON. Development Services Department Page 3 of 4 www.morgantownwv.gov Form Rev. 20180701 BZA Meeting Packet October 2022 Page 40 of 43  CASE NO. COMPLETE THE FOLLOWING STATEMENTS IN THIRD PERSON. Development Services Department Page 4 of 4 www.morgantownwv.gov Form Rev. 20180701 BZA Meeting Packet October 2022 Page 41 of 43  Exhibit to Variance Application The zoning classification for the Lots is R-1 (Single-Family Residential District). The Zone R-1 minimum lot size standard is 7,200 square feet of area [Section 1333.03(A)]. Once subdivided, the Lots, standing separate and apart, will satisfy the minimum lot size standard as each individual lot contains 7,500 square feet. The Zone R-1 minimum lot frontage standard is 70 feet [Section 1333.03(B)]. Once divided, the Lots, standing separate and apart, will not satisfy the minimum lot frontage. However, the deficiency in the frontage of each Lot if the minor subdivision is granted will not be significant, will not affect the enjoyment or usability of either Lot, and will not require any alterations or modifications to the dwelling presently located on the one lot. Section 1315.07 provides the following: Where the subdivider can show that a provision of these Subdivision Regulations would cause unnecessary hardship if strictly adhered to and where, in the option of the Planning Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may authorize a variance. In granting variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified. Any variance or modification thus authorized is required to be entered in writing in the minutes of the Commission and the reasoning on which the departure was justified shall be set forth. the site the owner presents to the commission that the Lots were originally laid out with 62.5 foot frontages when the Evansdale Subdivision was 1st created nearly a century ago, well before the City had any zoning or land use planning ordinances. Many of the lots along Dudley Avenue and throughout the entirety of the Evansdale area at large are lots that have frontages that do not satisfy the minimum lot frontage standard. In fact, the number of lots along Dudley Avenue that do satisfy the minimum lot frontage standard is most likely a minority, with the majority not satisfying the standard. So, approval of the division of the Lots will not result in any anomaly along Dudley Avenue, but will more likely than not cause the Lots, standing separate and apart, to conform to the lot frontages in the neighborhood. In addition, the applicant is not seeking to reconfigure the lines between the Lots as originally designated on the map or plan of the Evansdale Subdivision, but rather, to the Lots were created as single family lots for a single residence. BZA Meeting Packet October 2022 Page 42 of 43 BZA Meeting Packet October 2022 Page 43 of 43