Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. July 13, 2017 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Bill Petros, William Blosser, Sam Loretta, and Ron Dulaney, Jr. COMMISSIONERS ABSENT: Tim Stranko and Michael Shuman STAFF PRESENT: John Whitmore, AICP and Phillip Avis, Planning Intern I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Planning Commission conducts business and rules for public comments. II. GENERAL PUBLIC COMMENTS: None III. MATTERS OF BUSINESS: A. Approval of the June 8, 2017 meeting minutes. Petros moved to approve as presented; seconded by Blosser. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. MNS17-03 / Strazanac / 912 Riverview Drive: Request by John S. Strazanac for minor subdivision approval of property located at 912 Riverview Drive; Tax Map 15, Parcel 30; R-1, Single-Family Residential District. TABLED AT 09 MAR 2017 HEARING. APPLICANT REQUESTED THE MATTER REMAIN ON THE TABLE. V. NEW BUSINESS: A. MNS17-05 / Millican / 529 Short Street: Request by Christina Millican, for minor subdivision approval of property located at 529 Short Street; Tax Map 14, Parcels 154, 155 and 156; R-1A, Single-Family Residential District. Whitmore presented the Staff Report. DeMasters recognized Christina Millican of 529 Short Street who stated the request is to combine the two (2) parcels so they can construct a driveway and have off street parking. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Morgantown Planning Commission Page 1 of 5 July 13, 2017 Minutes Blosser asked what street the driveway would be facing. Millican stated the driveway would face North Street. Blosser expressed concerns with orienting the driveway towards North Street as it can be dangerous. Dulaney asked if the minor subdivision request is for the driveway or for the subdivision of the two (2) parcels. DeMasters noted the request is for the subdivision in which they do not normally consider the use. Whitmore explained that any improvements to a parcel would have to go through the building permit approval process and driveway location is reviewed by the Engineering Department. Pyles moved to approve Case No. MNS17-05 with Staff recommended conditions; seconded by Loretta. Motion carried unanimously. B. MNS17-08 / Clark / 745 Willowdale Road: Request by Matthew W. Clark, for minor subdivision approval of property located at 745 Willowdale Road; Tax Map 14, Parcel 100; R-1A, Single-Family Residential District. Avis presented the Staff Report. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Avis. Blosser moved to approve Case No. MNS17-08 with Staff recommended conditions; seconded by Petros. Motion carried unanimously. C. MNS17-09 / G & G Rentals / 356-358 Kingwood Street: Request by Robert Jay Guminey, on behalf of G & G Rentals, for minor subdivision approval of property located at 356-358 Kingwood Street; Tax Map 36, Parcel 170; R-1A, Single- Family Residential District. Whitmore presented the Staff Report. DeMasters recognized Jay Guminey of G & G Rentals who asked for the support of the Planning Commission to clean up the nonconformity of having two (2) separate non-related structures on the same parcel which will allow them to pursue other options for 358 Kingwood Street while maintaining ownership of the store at 356 Kingwood Street. DeMasters recognized Tim Guminey of G & G Rentals who stated that the variances with the minor subdivision request are common in the South Park neighborhood and noted that surrounding properties do not meet the setback requirements. T. Guminey stated the request is not a self-imposed hardship as both properties have different addresses and should have their own parcels. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Morgantown Planning Commission Page 2 of 5 July 13, 2017 Minutes Loretta asked if the store is currently in operation. T. Guminey stated the store is not in operation and noted that an extension was approved by the Board of Zoning Appeals until November 30, 2017. Pyles asked if the use would be grandfathered with approval of subdivision. DeMasters explained that the BZA extended the grandfathering of the use of the convenience store until November 30, 2017. Dulaney asked why this subdivision would not be considered an unnecessary hardship. T. Guminey explained there are two (2) addresses and both structures would have to be removed to conform and noted the existing structures do not conform to the lot size. Dulaney asked if the uses are non-conforming. Whitmore explained the neighborhood convenience store use has been extended to November 2017 and the multi-family dwelling use has been abandoned and the use of the former multi-family structure would have to be in conformance with the R-1A District. DeMasters noted there are many non-conforming parcels in South Park and expressed concerns with the possibility of abandonment of the convenience store, which would leave a lot that is too small to build on. Whitmore noted that other uses are allowed in the R-1A District should abandonment of the convenience store ever occur. Dulaney noted that parking is not permitted even as a conditional use. DeMasters expressed he wants the structures to be used but is at a loss on how that can happen. T. Guminey stated they felt the best possible use was by rezoning the parcels but that was denied by City Council and the subdivision was suggested by the neighborhood as an alternative. Petros stated the house at 358 Kingwood would not be allowed to operate as a multi-family use and would have to revert back to a single-family home and inquired as to how the large structure can be restored without doing a minor subdivision. DeMasters noted the convenience store does not need any more than a 1,600 to 1,800-foot lot but expressed they need to consider future possibilities. Dulaney expressed concerns with the smaller lot sizes and referred to the zoning ordinance stating the goal is to establish appropriate building sites. DeMasters referred to the variance modification and asked for justification on how they would experience unnecessary hardship. J. Guminey stated they cannot make use of the property without a subdivision of the parcel into two (2) parcels. DeMasters asked if the unnecessary hardship is owning a parcel of real estate that is non- performing in its current state. T. Guminey confirmed and reiterated that the neighborhood suggested the subdivision. Morgantown Planning Commission Page 3 of 5 July 13, 2017 Minutes DeMasters noted the Planning Commission could depart from the straight adherence of the code should they decide that a topographical or other conditions peculiar to the site exist without destroying the intent. Dulaney noted the property was recently acquired by G & G Rentals and part of doing good due diligence is to understand the restrictions and limitations of the site prior to committing to the property and therefore asked how this situation would not be a self-inflicted hardship. J. Guminey noted there are many nonconforming structures in South Park and stated they acquired the properties to improve the structures and made them area better. Dulaney expressed this situation is a slippery slope. T. Guminey expressed that a slippery slope is not allowing people the reward for improving properties around Morgantown. DeMasters noted there are many nonconforming properties in Morgantown that are not being claimed or used. Loretta noted they are considering certain parcels and not all of Morgantown. DeMasters agreed and stated they consider petitions on a case-by-case basis. Loretta expressed concerns with making a nonconforming parcel into two (2) nonconforming parcels DeMasters noted the request is for the nonconforming parcel to be divided so they can function. Blosser noted the parcels can function as they currently exist by having the business and renovating the larger structure into a single-family dwelling. DeMasters stated the lots have to be divided so they can function separately. Loretta noted the parcels could be combined and include one structure which would result in a conforming parcel. Petros referred to surrounding lots and noted they are smaller. Petros expressed the subdivision would result in a way to improve the neighborhood by renovating the existing house and opening the store. Pyles asked for further explanation on what occurred after consulting with the neighborhood. T. Guminey stated the Greenmont Neighborhood Association suggested the subdivision at the City Council hearing when they had initially requested a map amendment. DeMasters noted the Greenmont Neighborhood Association is not present to oppose the minor subdivision request. DeMasters asked if there had been discussions with the South Park Neighborhood Association as they are not present to speak for or against the subdivision request. T. Guminey stated he had not had discussions with the South Park Neighborhood Association regarding the subdivision request. Morgantown Planning Commission Page 4 of 5 July 13, 2017 Minutes Pyles moved to approve Case No. MNS17-09 with Staff recommended conditions; seconded by Petros. The motion failed to obtain a majority by a vote of 3-3 with Loretta, Blosser and Dulaney voting nay. DeMasters stated the minor subdivision request would be considered again at the August Planning Commission hearing. D. MNS17-10 / Kimble / 662 Jones Avenue: Request by Jeffrey Kimble for minor subdivision approval of property located at 662 Jones Avenue; Tax Map 14, Parcel 161; R-1A, Single-Family Residential District. Whitmore presented the Staff Report. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Whitmore. Blosser moved to approve Case No. MNS17-10 with Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Reports: No report. • Green Team: No report. • Staff Comments: ‒ Whitmore recognized Philip Avis as the intern for the Planning Department and thanked him for his participation in presented the Staff Report. ‒ Whitmore recognized Ron Dulaney, Jr. as the newest Planning Commission member and is the City Council representation. VII. FOR THE GOOD OF THE COMMISSION: VIII. ADJOURNMENT: 7:20 p.m. MINUTES APPROVED: September 14, 2017 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 5 of 5 July 13, 2017 Minutes