Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING MINUTES 6:30 p.m. December 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 October 19, 2022. Benison moved to approve as presented. Vote was unanimous. III. UNFINISHED BUSINESS: None. IV. NEW BUSINESS: A. V 22-22 / City Neon / 1 & 2 Waterfront Place Request by Crystal Miller on behalf of the Waterfront Place Property Owner’s Master Association for variance relief from Article 1369 of the City’s Planning and Zoning Code regarding signage; City Tax District 09, Tax Map 37A, Parcels 1.1, 2, 3.1, and 5; B-4, General Business District. Bahner read the staff report and noted the petitioner was present. Crystal Miller, City Neon, stated that Waterfront is wanting to modernize and make the directional signage more reader friendly Benison asked about the difference in size between the existing and proposed signs. Miller confirmed proposed dimensions. Shamberger asked about the hardship necessitating the variance request. Miller reiterated her clients’ desires. Shamberger stated that WVU design standards are likely a self-imposed hardship. Benison opened the public hearing. Being no one it was closed. Shamberger asked about what hardship exists, stating that the developers should have realized the potential issues in the initial design of the site. Bahner added that the waterfront area is zoned B-4, similar to downtown, and that the developers were realizing the intent of the code in their development intensity. Bahner also added that the limited access off of Don Knotts was likely required due to the volume of traffic and the design of that street. Shamberger recommended amendments to the applicant’s findings of facts to remove justification related to WVU design standards as those are a self-imposed hardship. Morgantown Board of Zoning Appeals Page 1 of 4 December 21, 2022 Minutes  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)]. The scale of the hotel, event center, and WVU Foundation building in relation to the rest of the B-4 built environment warrants variance consideration. Staff concurs with the “Finds of Fact” as submitted by the petitioner. Benison moved to approve the findings of fact with amendments to Finding 2 and Finding 3 to remove mentions of WVU design standards. Shamberger seconded. Vote was unanimous. Benison moved to grant the variance. Cook seconded. Vote was unanimous. Benison noted the variance was approved and that Ms. Miller will receive written notification within one week. B. CU 22-06 / Zahan Day Care / 3473 Collins Ferry Road Request by Tania Zahan for Conditional Use Approval for a “Class II Day Care” establishment at 3483 Collins Ferry Road as required by Article 1331 of the City’s Planning and Zoning Code: City Tax District 15, Tax Map 53, Parcel 111, R-1, Single Family Residential District. Bahner read the staff report and noted the petitioner was present. Tania Zahan, the applicant, noted her background and education and the difficulty of securing pre-K childcare. Given her background, Zahan has decided to open a home-based Montessori day care. Zahan noted that the State Department of Health has already inspected and approved a day care for up to 6 children at the subject property. Abdullah Al Mamun, for the applicant, noted his education and explained that he has reached out to neighbors regarding the proposal. Al Mamun noted that traffic congestion and speeding is outside of the day care operation’s influence. Benison asked about off-street parking and hours of operation. Al Mamun noted that up to 5 vehicles could easily park on existing driveway and that operations would be week days from 8 am to 3:30 pm. Al Mamun addressed clearing snow, spreading salt, and clarified driveway dimensions. Al Mamun reiterated that parking/drop-offs could be staggered so that no more than two cars would be in the driveway at the same time. Deborah Blehschmidt spoke against the proposal. Blehschmidt expressed concern about the maximum allowable utilization by up to 12 children and the traffic / parking issues that intensity of use would create. Blehschmidt reiterated that removing children from car seats takes time and that it would be unfeasible to delay drop-offs in a manner to avoid excessive overlap. Morgantown Board of Zoning Appeals Page 2 of 4 December 21, 2022 Minutes  Staff played three videos shot on Blehschmidt’s cell phone showing the site, the driveway, and their relationship to Collins Ferry Road. Blehschmidt’s video attempted to highlight excessive speeding and the volume of vehicles utilizing Collins Ferry at peak travel times. Al Mamun provided a brief rebuttal. Al Mamun reiterated that he has spoken to Morgantown Police regarding speeding and vehicle accidents. He added that parents will be provided a manual with strict drop-off policies in place to mitigate off-site impacts and parking in neighboring driveways. 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. (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). Staff note that the petitioner’s plans include an outdoor play area. Outdoor play areas associated with a home occupation are permitted, subject to the following requirements (Article 1331.06(19): 1. An outdoor recreation area may be approved by the Board of Zoning Appeals upon consideration of the care provider's operations plan and site-specific circumstances so as to assure personal safety and to minimize offsite impacts upon adjacent properties. 2. There shall be no swimming pool on-site. 3. An on-site outdoor recreation area, if provided, shall be enclosed by a minimum three-foot high solid wall or fence with self- latching gate. 4. There shall be no structural additions or equipment not customary in a residential dwelling except those modifications required under State regulations for childcare facilities, Building Code or Fire Code regulations pertaining to this class of day care facilities. Based on the application materials, compliance with the supplemental regulations for outdoor play areas appears feasible. Staff recommends that conditional “Class 2 Home Occupation” use be granted under Case No. CU22-06 with the following conditions: 1. That the petitioner shall observe all related supplemental regulations specified in Article 1331.06(2) and 1331.06(19) of the Planning and Zoning Code. 2. That, to the greatest extent practicable, drop-offs and pick-ups shall not overlap to ensure adequate on-site parking and mitigate parking and traffic congestion. Morgantown Board of Zoning Appeals Page 3 of 4 December 21, 2022 Minutes  3. That clients visiting the petitioner’s Class 2 Home Occupation use must park their vehicles on the petitioner’s property in the existing off-street parking areas. Vehicles visiting the petitioner’s residence shall not park in such a manner that encroaches into the public right-of-way obstructing the travel lane along Collins Ferry Road. 4. That adherence with and monitoring of Conditions 1 and 2 above shall rely upon the review, suspension, and revocation provisions provided in Section 1331.06(2)(d)(i) of the Planning and Zoning Code. 5. That the conditional use approval granted herein is specific to the petitioner and may not be transferred without prior approval by the Board of Zoning Appeals. 6. If the petitioner, as the sole beneficiary of this conditional use approval, wishes to make changes in the conduct of the business that departs from the description in the application or from any conditions or restrictions imposed by the Board of Zoning Appeals, the holder must obtain prior approval of the Board. Changes include, but are not limited to, days and/or hours of operation, number of clients seen per day, etc. Shamberger reiterated Blehschmidt’s concerns and countered that the applicant seems to make a good faith effort to address those concerns. Benison and Shamberger suggested additional conditions to ensure that the Board’s Conditional Use Permit remains in keeping with the state license by limiting enrollment and addressing existing vegetation in the vision clearance area where the petitioner’s driveway intersects with Collins Ferry Road. Cook moved to accept the finds of fact as state in the packet, seconded by Shamberger. Vote was unanimous. Benison moved to approve the Conditional Use Permit with two additional conditions of approval related to maximum enrollment (up to 6 children) and to work with Morgantown Public Works staff to ensure a clear vision clearance triangle. Cook seconded. Vote was unanimous. Benison noted the variance was approved and that the petitioner will receive this in writing within one week. Benison directed staff to send draft conditions to the Board for review before sending out the action letter. V. ANNOUNCEMENTS: None. VI. ADJOURNMENT: Cook moved to adjourn. Vote was unanimous. Meeting adjourned at 8:40 p.m. MINUTES APPROVED: BOARD SECRETARY: ________________________ Rodney Bahner, Planner Morgantown Board of Zoning Appeals Page 4 of 4 December 21, 2022 Minutes