Board of Zoning Appeals - Regular Meeting

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 zoning regulations to consider conditional use permit requests and adhere administrative appeals. The board conducts business in the following order. Review, amend, and approve minutes of a previous meeting. We'll then move to unfinished business. continue with new business and then conclude with 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. We 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. We 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 lie 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 5 minutes. If members of the board have any questions of the speaker, that time will not be counted toward total of 5 minutes. If there's a large number of speakers, including many who are a 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. Speakers are notified that irre 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. Uh we 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 an additional 5 minutes. If members of the board have questions of the applicant agent, that time will not be counted toward the 5 minutes. After all testimony is is heard, I will declare the public hearing closed and no further public comment will be permitted. univil, unruly, and or disruptive behavior at any time during this meeting is prohibited and will result in removal from the 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 planning the planning division of the board's findings and conclusions regardless of whether request is approved or denied. Decisions of the board can be appealed to the circuit court of Montigalia County within 30 days upon receipt of the written notification from planning. Any work done relating to the decisions rendered by this board during this 30-day period is this is at the sole financial risk of the applicant. Thanks for your consideration and respect for these proceedings and the opinions of

all meeting participants. Um, we are going to we've called to order. Uh, roll call. Uh, Mr. Dwit present.

Mr. Miss Felton present. Miss Cook is absent. Mr. Benson is present. Uh, we do have a quorum. Um, we do not have meeting minutes to review from past meetings. So, we're going to move to We don't have old business. We are going to move to new business. The first case this evening, we have two cases for the evening. The first is V26- MCD-016 for Dangstat 1 Medical Center Drive. um request by D. Angstad on behalf of WVU Medicine for variance relief and compliance with section 1364.08 08 of the city's planning and zoning code regarding lighting and design standards for signage. Um, city tax district 15, 7th ward tax map 6, parcel 74 in the R1 single family residential district for V26-016. Here is a overview of just kind of the property. It's quite large. You'll see it's a more zoomed in part where this is referencing specifically. Uh the next attachment is uh what the sign will actually look like its dimensions stuff like that. So you can see the view heart and vascular institute. Uh note that the size and the area of the sign is permitted by right. Uh the variances for an illumination of this sign um for LED illumination um for it. Then the next one shows where it will be located. So on the left uh is kind of where it is now existing and then on the right is where they would like to put the sign um presented kind of above the entrance there. So the applicant is seeking a

variance regarding internal illumination standards for signs in an R1 district. The sign size and dimensions are permitted other than its illuminations as I referenced. Refer to the sections of code below as well as the submitted design. In summary, the applicant wishes to get a variance regarding illumination illuminating a sign at the property address at one medical center drive. Uh see the attached application to review the finds of fact listed. Staff have had no comments or modifications to these. Uh planning staff also have no objections to this request for variance relief. If the board of zoning appeals does grant the applicant variance relief in accordance with the city's planning and zoning code, the youth shall be subject to the following condition, which is our standard condition that if any changes were needed to be made, they would have to be compliant or seek additional variances.

And that concludes part of staff report right here. I'll just No, you're fine. Thank you. Um, do we have a representative for this case? Name, address, Steve Rock here to represent WV Medicine and Vision Sign Group. Um, I'm out of Fairmont. The You need my my address or you need the address for the uh for your business? 358 358 Scrap and Right, Fairmont, West Virginia.

Perfect. Okay, good job on her name, by the way. Nobody ever gets her name right. Uh, as Sailor had stated, used to pronouncing mine. As Sailor stated, um, basically we're we're trying to get a variance for a halo type lighting for these particular letters, which is uh basically what's on the whole hospital, right? Everything on the hospital has a halo light. Okay. So can you compare and contrast? So for heart and vascular signage now it's on that edge

right is it so what you're proposing is it can you compare and compra contrast to what's there? Yes, Sailor, you said it'll be compared to what's on I was over there this morning and so is it is what you're proposing just like what's extent? I I'm not sure if I'm understanding your question. I mean, are you are you asking if it's going to be look look like the the existing signage? Ex. Yeah, exactly. Identical. Identical. Same color, same lighting, same everything. Okay. Just slapped on there on that little band

right on that little band with they like to have it lit um in the um day they like saving hours. It gets dark over there and it's easier for people to find the locations. So it's on a it's on a sensor then and will yeah it'll be on a dust the dawn sensor dust the dawn or timer however they end up uh timing it. Right. It'll be under any energy management plan, I'm sure. You don't want me saying that. Mhm. And there isn't a sign right now, right? No. No, they're right now working on the canopy.

Or they may have it finished by now, but they were it. So the where can you speak to the location of the canopy that's required to cuz I mean there's some what I guess I'm well the only thing you need experience for is the the illumination light or not right everything about the sign is already everything else it's pretty straightforward any other questions thank you very much thank you and I missed some earlier meetings about some of the code updates. Is this part of the new code update that we're

No. And when we're done, if you guys can stay after for a little bit, we'll talk a little bit about it. No, it's address the work that's already. All right. I make a motion to accept the findings of fact public comment. Oh, we need Yeah, we do need a public hearing. Was there any correspondence on this?

Uh, no, I've not received anything. Okay, we are um we're going to go ahead and um open the public comment for this case referenced as V 26-mcd 016 D angstat 1 medical center drive for the WVU our vascular center signage. Anyone wishing to speak in support of or in opposition to this application, your opportunity is now. Seeing no one, going to close the hearing. All right. So, I move to accept the findings of fact for um the case. This case B. It's actually B26-016. I'm sorry, Mr. N.

All good. Um, so we have a motion to accept the findings of fact for this case. Do we have a second? I'll second that. Okay, we have a motion to accept the findings of fact. Seconded by Mr. Dwit. How do we vote? I I So we we have accepted the fines for this case. I move to grant the variance request for the lighting like the eliminated signage. Do we have a second? Seconded. We have a motion to grant the requested variance. Seconded by Mr. Misfelt. How do we vote? I

I I. So we've granted your um request for variance. You will receive written notification for planning typically 7 to 10 business days but it's stated at the opening of the meeting. Any work that you do well so that the decision that we just rendered can be appealed to the circuit court of Montgelia County and then any work that you or your client does in the 30-day appeals window you and your client do with your sole financial risk. But thanks for coming down. Uh keep up the good work over at uh WVU Medicine. Thank you very much.

Thank you. Appreciate it.

Have a good evening. Okay, so we have one other case. This is um a request to transfer a conditional use permit from Morgantown Art Bar to Walmart Hospitality LLC for the purpose of operating a restaurant private club use at 268 High Street City Tax District 11 in the second ward tax map 26A parcel 131 in the B4 general business district. So, uh, as you stated, this is for, uh, 268 High Street, a transfer of ownership for a restaurant private club. Um, the reason this is coming back to the board of zoning appeals is that this was a part of the old kind of conditions that were put on previously to where if they were to ever have, you know, change of ownership, stuff like that, they would have to return to the board of zoning appeals and ask, you know, for uh, you know, just approval again. Um I the copy of the previous staff report is found in the packet. There is no additional new conditions. Um and then the changing of ownership condition is not present on this if it is approved. So um otherwise it is a restaurant private club going to a restaurant private club. Change of ownership to my understanding if the applicant is here can speak more to it. No real change of the business structure either. But that condition will um be carried forward. Uh not unless the board wants to reinstate that condition of changing ownership. Uh currently like if if they were to change hands again in the future from this new entity to another entity without changing the structure of the business or things like that, they wouldn't need to come back to the board of zoning appeals

unless we specify unless you specify to add that on um which isn't our standard anymore, but you do have the ability to do that. Um, but otherwise it it would not have to come back unless the board chooses to add that as a as a condition again to this request. And that that concludes my report. All right. Do we have a representative for this case?

Good evening. Good evening. My name is Michael Dion. Uh, the address is 268 High Street. Um that's where the the business is registered at 714 Mulligan Court in Maidsville. All right. Um I am uh requesting the uh conditional use permit because I'm taking on a lease at that property. um the atmosphere is changing and the the name is changing and some of the aspects in the restaurant are changing and that was the condition on the previous um approval when the representative from ArtB Bar um came in and got that approval for a liquor license. So that's why I'm here to um obtain that that restaurant private club

right approval with respect to the chain the change in operation on yeah there's not too much changing in the in the actual space um there is I there are some minor plans to add more seating in certain areas and and that type of thing but it's uh it's supposed to be a cocktail bar and kitchen so it's the intent so you're not changing hours of operation or you're continuing with liquor sales clearly. Yeah, that's the request to I mean I'm not associated with the previous person so I don't know that changes it.

Well, there's no there's really no material change in the nature of the operation. So, you're only adding seats. You're not taking away seats. Whatever the fire marshal permits, but yeah. Yeah. Is that going and it's not turning into like a club? No late night hours. It's still going to close by midnight. I'm extending the hours from the current just the current person that's runs the place. But it for lunch and and brunch hours rather than Oh, you're extending down. You're not going up.

Yeah. I'd like to be open for lunch, dinner, and uh and semi later rings. Right. Now, in terms of if he expands the capacity, is that going to create issues with respect to like um No, if he was to like parkway seings um then it would cause issues and just because of the district that it's located in um the part yeah the uh it's pedestrian oriented anyway, but just I'm just trying Yeah, if they were to add like an amount that would put them above the B4 exceptions for parking, then they would. But most likely you have you got to get pretty large.

What's the current capacity for that? Uh I believe it's at 99 or it might be 132. Are you having music and things there too or is it just strictly food and beverage? Yeah, there will be there will be uh music. There are vacant units upstairs. Um there's a empty staircase that leads to the empty apartments next to it. So I'm surrounded by hallways and nothing when it comes to sound or anything like that. Yeah. Yeah. And and also whatever number they land on for seats, if it does push them above the the required threshold, then they would just have to accommodate a variance or just adjust their seating to be whatever that requirement is. Well, how but how would that be? How is that? Who's

not going to break the fire code with the fire marshals, I think, is what he said, right? As long as he stays under a certain amount and over a certain amount. Yeah. For it's like occupancy requirements. Yeah. For planning and zoning, he would just have to maintain 50. Okay. Uh that's what I was remembering. The minimum is 50. Yeah, we don't there's not a maximum for it. It's more based on, you know, fire marshall parking requirements, stuff like that. Um the B4 allows for a much less strict parking requirement. Um but if adding those additional occupancy would require that to apply, then they just have to come back and get a variant. Are you leasing the whole building? I'm leasing just the commercial restaurant space and then there's two floors. the main floor with the seating and all that and then up storage and

okay unfinished space and you just mentioned the vacant apartment so it won't be you don't control the vacancy of that no I would yeah I mean they're yeah I don't want to speak on that but okay that was a side comment about noise and late night okay so they get to basically the one year requirement It's just based on how the propertyy's used, not who was operating the restaurant. Oh, for conforming provisions. Yeah. Yeah. The ownership doesn't really matter. It's the use. So, um

if the previous person was out for a year, new person would come have to come in or wouldn't have to come in, excuse me. Um if it goes beyond that, then it's treated as new, you know. So, so the the variance belongs to based the property, right? So if the cuz you're leasing it, right? So the owner let's say the owner wanted to do something also on like a different floor, they could just start doing that. They wouldn't have to go. Well, this is for a conditional use, not a variance.

Oh, that's what I mean. Sorry. Variances are tied to the property conditional and sometimes the use conditional uses are just use. Um, so for uh this specific space, this business kind of exchange, it would apply to that, but on like the floor above or the next space over, it wouldn't count for that. Like if uh they wanted to get another restaurant private club into that building, they would have to go through the process as if it's new. uh regardless of the if this is approved or denied or if this didn't happen and they just maintained the RB bar, they wouldn't be able to like expand with a different uh business without going through the uh the uh BZA. Gotcha. I understood that it was from the business side. So that's why I requested the the one year.

What what's the purpose of the one-year requirement of So the one-year requirement is is in line with like the non-conforming provisions. So if um a uh a use that might be pre-existing non-conforming um for example if x number of uh occupancy is pre-existing non-conforming they can maintain it as it is um but if they were to expand it or you know do you know in into another space and maybe their occupancy wasn't approved for that or something. Um well I'm just wondering like when a new business comes online buys a new space you know and then has to establish itself the purpose of the year is to what make sure that it is viable.

Yeah. So the the purpose of the year is to make it an easier kind of like turnkey transition. So if it's like a a kitchen to a kitchen or a restaurant private club to a restaurant private club and they're not changing the use or anything like that then they it's a much quicker process. But if this was longer than a year, then they would have to start from the beginning. Right. So my my question arises from the the reason for the year as in like as in to boot up say like to understand what it takes to run the kitchen and to have the the the bar running or before you can have a bar running having an established kitchen.

Oh, for the requirements for like restaurant private club requirements. Oh yeah. It's it's one of the um kind of proving to that. Yeah. that they're able to restaurant they the encouragement is to have a restaurant first then become a restaurant private club. Um so if this wasn't trying to take over that space that was already a restaurant private club then that would be like a part of it. Okay. The city sees it as being an acceptable like you don't see it as a risk. Uh no not in this one just cuz it's a kind of taking over almost like a business name change new management kind of coming in. would be because the use the proposed use is consistent with the

correct proposed use is consistent what's there currently. Um and if they were to try to you know do anything or want to expand in a way that wouldn't be reasonable then they would most likely need a variance or just be told no for life safety reasons. Um but as far as kind of like the city and that like requirement of their use versus the previous use, they're treated very very similarly just a new person's in charge. Um and it because it wasn't abandoned. If it was abandoned, then it at a point then it would be a different conversation. Um, but because the use previously wasn't abandoned, then then it's it's within that um reasonable time frame for the the less kind of rigorous timelines. Sorry, did you say the hours are expanding?

I would like to expand the hours for lunch. I don't know the actual operational hours. That's just from me driving by and seeing if they're open. But in general, I've seen them open only in the evenings. Right. But he's going to front lo he's going to expand the hours, but they're going to be frontloaded. They're going to be earlier rather. Yeah. I'd like to actually have food service and I want to prioritize that and not prioritize like a late night club. And the the restrictions on ours are on the late on on the farther end side. We have restrictions that you can't be open past a certain time, but not really you can't be open before a certain time, right? Um, well, they already do serve food in the evenings. In the evenings, they more in the evenings.

Breakfast too though. Can't buy breakfast burgers. I don't know.

It's a good question. Um, I mean, so my my uh only I say issue, but like just the boot up of a business and the like the rig of a role that you have to go through in order to to establish that business to make sure that it runs. I mean, it's it's good that I guess that you can piggy back off of what the other ones did, but in order to know that like you've got the right setup and all the things like I don't I'm just uh sort of little caution that you might bite off more than you can chew initially because I'm not understanding like the business model of of a restaurant to then transition to a bar, but I I don't really hold sway over that necessarily, but that's my that's my concern. Mhm.

Absolutely. I understand the the uh there's no hiding the fact of risk of serving liquor on a premise. um you're going to run into a lot of responsibilities and and such, but the primary intent is to have that controlled paced environment that's unlike the clubs up the street that matches more what hotel Morgan has, what Eron Horse has and 10 202 if they if they have that um and and apothecary such like that to maintain that atmosphere and that pace. which it's right there on that block with those other spaces.

And I I don't want to perturb the development things like that. It's also there are what's the new one that just opened up? Um green green door.

The green door. So the green door. We've got a few of these and I mean not not to say that we don't need more bars and restaurants downtown, but there they're recently become a lot more bars and these restaurants downtown right now. So just again just cautioning to the uh where you have the u clientele you know who are you targeting um and making sure it's the right crowd. I mean I don't control that but um it sounds like the last few months we've we've definitely developed a lot more in that space. So I I again cautionary towards like will we be able to fill the space to make value out of it. like if you go for this liquor license, we're going to have more expenses and things, you know, it could be worth you looking at focusing on food first. I don't, you know, again, for that for that early shift that people are missing.

I'm very food focused. Well, it sounds as if that what that is his future. Just I don't support businesses downtown for lunchtime. Um, which a lot of these new spaces do not have. Right. Correct. So, that could be your niche. I'm not. Yeah, I mean I do plan on being online order heavy um because not only does that help my numbers, but uh yeah,

it's uh I want to have good food. Um, and then the point of the experience is to have a higher level of, let's say, cocktails and and drinks with liquor, but not with the prices that you see on the warf at some of these other places because I understand that. I mean, most people walking in the area or just across the the creek there. And like I don't I don't want to charge insane amounts or just because the atmosphere it's a higher price. I want that elevated experience without that. Mhm. Yeah. So I mean I don't want to be there's no I don't have any restrictions. I mean I can't really have any

apart from I would like to continue with the condition if there's a change in ownership or operation too cuz you never know where things are going to be. That's not an unreasonable condition. I don't think it is either. Um I I'm I'm good with your responses. Yeah. Thank you. You guys are Do you have any other questions? Okay. All right. Thank you. Um, so we're going to open the public hearing in a moment. We just want to note that given the nature of the request, we are not having to make a motion to accept findings of fact.

Right. But we will we are going to open a public hearing for this case. Oh, there's no case number, but this again, this is request to transfer a conditional use permit from Morgantown Art Bar to Walnut Hospitality at 268 High Street. So, we are open public hearing. Any one wishing to speak in support of or in opposition to this case, please do so. Now seeing no one, we're going to close public hearing and no correspondence. No. Okay. So I any further discussion?

I mean I I mean I could probably talk this stuff totally in the face in terms of what I'm worried about, but at the same time I don't really think I have any grounds to express it. So Well, you can though. I mean, when you say, well, I mean, I just I worry that we're it's getting saturated downtown with with this with these food bar options to a point where I don't know if there will be the clientele to fill it because the people are on the other side of town that you're maybe I I'm still worried about the amount of traffic that's downtown or not vehicle traffic, but traffic, you know, but we're getting more and more things so maybe it'll fill. So, I mean, I'm not trying to be a naysayer. uh you know stop don't want to stop your dream you know but um just uh just cautionary tales I guess

um cuz you know you've seen things like tend to a two fizzle you've seen the various things like that and various other reasons um outside of just um having business a lot of turnover a lot of turn yeah a lot of turnover been restaurant industry and bar industries and mortgage town are known for high turnover so right I guess I'd be more concerned if the na nature what's being proposed was too much of a departure from it's not it doesn't sound like it's a sound it's the same nature and character basically don't really have any objections to it in that way and it who owns that building is it Steve still Steve is the town our bar

okay um it's the lodge that massage they own that building they still own it huh that's interesting Does it even exist as a club or whatever? Every Friday upstairs. Really? Do they really? Wow. Is it a Mason thing? Is it? It's an order of mason. I don't know the exact I think so. Wow. Those clubs are all They are dying out. The lions shaking.

Oh yeah. They maintain tight group. I I'm just I would like to continue with the condition so that if you know we wish you all true success but if there is a change um in ownership or operation um whoever the that person is countenancing that new ownership operation will have to come before the board of zoning appeals for change in name. Yes.

Um, if let's say I were to operate under WA hospitality and then change the name, which is one of the requirements and like let's say I make it a something else but it also holds the liquor license like a different style restaurant or something like that rather than have to come back or if I'm still the sole owner of the if you're changing the nature of the business from what it is now, I think that that would require you to come back or the Yeah. or the makeup of the business if you reconigure it. Yeah. Anyways, yeah, this would the condition would apply if the le changes more or less if

the le so you're leasing it. If a different entity or person become takes over the lease, then they would have to come back. But if you're just doing a name change, you're still you're the same leie. Uh you wouldn't have to come back. Excellent. Yep. That's Yeah, thanks for the clarification there.

Do you have any questions about that? No. Okay. So, I make a motion to grant the the request the transfer in the conditional use permit from Morgantown Art Bar to Walnut Hospitality LLC subject to that condition in ownership operation. Seconded. So, we have a motion to to grant the requested transfer in the conditional use permit from Morgantown Art Bar to Walnut Hospitality LLC. Seconded by Mr. Misfeld. How do we vote?

I I I So, we've granted your your request. Um you will receive written confirmation from planning. This can still be appealed though in the circuit court of Monagalia County and it's a 30-day appeals window. Any work that you undertake in that 30-day appeals opportunity, you do your sole financial risk. Thank you very much. Have a good evening. Um, we have no other cases. We do have announcements from planning though.

Uh there will be a next regularly scheduled BZA meeting next month. There's already a couple on the uh the agenda for it. And uh hopefully also of uh February's meeting and minutes will be on um that uh meeting as well uh as our executive assistant is position is open. So I'm kind of working to figure that out in the meantime. Always wearing many hats.

Yeah. So uh but as uh to to you know make it be said there will be a next uh regularly scheduled meeting and hopefully the meeting minutes from this meeting as well as February's will be on that otherwise no other special announcements. All right. Um well there being no other business I make a motion to adjourn this regular meeting of the BZA for March 18th 2026. Do we have a second? Second it. Okay, we have a motion to adjurnn, seconded by Mr. Dwit. All those in favor? I I I All right, we are journ