Board of Zoning Appeals - Regular Meeting

conducts business in the following order. Review, amend, and approve meeting uh minutes of a previous meeting. Move to unfinished business, take up new business, and then uh close with announcements from staff. Um each request is heard in the order that it appears on the agenda for each conditional use and variance request. The following we will be done. We will introduce the agenda item and the planning division will present a staff report which may or may not offer recommendation. Um the applicant agent will be asked to present their justification for the 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 the chair or may in lie of oral testimony submit written testimony to the chair for consideration. 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 minutes. If members of the board have any questions of the speaker, that time will not be counted toward the maximum 5 minutes. If there is a large number of speakers, including many who are part of groups or organizations, we may to avoid repetitive comments elect to ask for a representative to speak on behalf of the group or organization. Uh 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 deliberation and public hearing. 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 any questions of the applicant agent, that time will not be counted toward the 5 minutes. After all testimony is heard, um 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 this public meeting. State law requires the board to consider findings of fact for each conditional use and variance requests or other case. 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 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 Montangalia County within 30 days upon receipt of written notification from planning. Any work done dur uh relating to decisions ren by the board during this 30-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. Call to order. Uh Miss Cook here. Mr. Misfelt here. Mr. Dwit here. Mr. Bennison is present. We do have a quorum um for the record. Uh let's see. We don't have meeting minutes to review at this time, but we will do that when the opportunity arises. Um we're going to move to take up

unfinished business. The first agenda item is CO2 25-070 James Morrison 709 High Street. Request by James Morrison for a conditional use regarding a fraternity or sorority house use per section 1331.05 of the city's planning and zoning code per permitted land uses standards. City Tax District 13 second ward tax map 26 parcel 160.1 in the R2 single and two family residential districts for colon 2570 uh in the packet as well as up on the screen is just a map kind of showing a uh overview of the site as well as the 200 foot radius for that site. Um there's also additional kind of um uh site plan showing the floor uh plan of the of one of the floors. It's pretty standard for the rest of the way through. And see there's so that's for as far as visual rep representation goes. Um there's those two. Um the applicant is seeking a conditional use permit regarding a proposed fraternity house at the above reference address. Refer to the sections of code below as well as the layout of the structure. Uh table 13310501 permitted land uses for fraternities or sorority houses. Uh conditional use in an R2 single and two family residential district is required. In summary, the applicant wishes to get a certificate of occupancy for a fraternity house at 709 high uh high street. Um see the attached application to review the findings of fact listed as staff have had no comments or modifications to these as well as these attachments can be found below the conditions. Um staff have no objections to the applicant's request for a conditional use. If the board does grant the applicant conditional use approval in accordance with the city's planning and zoning code, these shall be subject to the following condition being our or standard condition of any other

modification or changes to the site plan shall be compliant with the city's planning and zoning code or the applicant shall seek variance relief from the board of zoning appeals and that includes staff report. Thank you. Do we have a representative for this case? Is this the I believe online remotely. All right. Mr. Morrison, are you there? Yes. Yes, sir. Awesome. You have any other comments for the for the um board? Um my only comment was uh thank you guys for allowing us to um submit this application. This is a continuing um use. We're happy to be back in in Morgantown and we look forward to the approval. If there are any questions, I can I can answer, but thank you guys for your consideration. Thank you. Um I actually have a question about the parking wi with regard to um the first finding of fact. Um, can you speak to the the not that your conditional use request specifically has to do with any parking requirements, but can you speak to the nature of the additional satellite parking one and this is referenced on page 11 of of the full meeting packet. Yeah. In the case summary report says there's 8 plus.

Did he I'm going to ask him for an overview actually. And then in addition to that question, can you just provide like an overview synopsis of you know what you're what you're proposing? Yeah, absolutely. So our request is for the um certificate of document C for a fraternity. So this is a house that's owned by the epsilon fraternity national corporation. Um the we don't currently have an active chapter at university but we are operating the house um and leasing it to another fraternity. Um as far as the satellite parking is concerned see here pull up my notes on this one. Is uh is the property being used at capacity now by the uh frat that's in there? It's not used at capacity. It's about 75% at capac 75% capacity per the tenant. Um the the police that they have currently. So, it's not at full capacity, but it's anticipated that it will be in the future. That would I haven't received a final word for the number of occupants for the next academic year, but given the the size of that particular chapter, I would estimate that we at most would see an 80

85% occupancy of the property. um getting it to be 100% full is is highly unlikely within the next two years. Mhm. So, is it the same fraternity that's going to remain there? Yes, they have a five they've entered into a 5year contract with us this year. Yes. And then you I mean this is just a maybe a side point, but to operate as a RSO um they don't there's no you must have a charter requirement to continue operating as an RSO fraternity. C can you speak to that or Yeah, our speech chapter was removed from the campus. Um and so uh we've in order to maintain the house, we've solicited um another organization to occupy the the premises. If our organization's been removed by the university, we um in order to stay compliant with the university in terms of coming back, we dissolve the chapter and don't allow any of our former members into the houses. So, right now, you're just a landlord, correct? I'm sorry. I I I cannot hear that question. So So right now you're just a landlord more or less. Correct. More. So if if it's at 75% capacity, how many how many people is that?

I'm just wor So there's eight spaces here. So I doubt only eight people have cars. So I mean what are you aware? I guess you're not you don't live there. You're just a landlord. So, I mean, are you aware of what the I guess custom is there? Do most people get parking spaces in a ramp or what? I would need to I would need to ask the tenant. I'm I'm not sure what they've been instructed to do [Music] cuz there are I mean there are 18 bedrooms just on one level. So, this might be a question for Sailor. What prompted them needing to get this again? They did they did it discontinued when this chapter got in trouble and then now they want to lease it out so they need it again. Yes. So, this has always been used as a as a fraternity house and there was just a lapse in them getting it renewed um beyond the point of uh being able to be non-conforming pre-existing. So, they have to go back and get it. But, it was an active kind of fraternity house. Um then it kind of slipped out. they didn't get it renewed and now they're going back to try and get it. But the um they're not changing the use from what it was previously. So if they sold cuz right now they're a landlord. So unless there's unless there's some hope of them getting another chapter, they're probably going to sell. So would would that would the buyer does the permit run with the buyer? As long as it the use doesn't stop. Oh yeah. So if um so they sell it or something and someone comes in and also wants to have a fraternity house there something gets approved they'll as long as it's being maintained as a fraternity for uh as long as it's being maintained or if a year a day under a year goes by then the next person will be able to just continue so if they if they got this and then

sold to a different frat tomorrow that frat can move in and start operating. they don't need to come back here. Correct. For the use, but if they wanted to change something with the property that was in compliant, then they would, but they could get the approval for uh as a fraternity house use, sell it or do something to have another fraternity house take it over. Could we could make that a condition? Could we make that a condition? Yeah. The board is able so long as it continues. If this is to change hands and they have to return to the board of Yeah. cuz I don't see any reason why this this organization is going to stick around as a landlord for 5 years. I mean, I'm sure they're looking to sell. When did when did the use disc continue? 23. You said off the top of my my mind, I'm not sure. It just uh discontinued its use. Uh it was before my time in the city towards the parking like eight spaces for I mean it looks like there's cuz there were eight 18 bedrooms just on the one level. Right. Right. So like is this like a grandfathered thing that they were part since this is such an old frat house and now having lost its certification or whatever trying to get back in they grandfathered to the same ability to only use eight parking spaces number of spaces. Yeah. Like will they have to now apply for like what is currently needed for that level of occupancy? because it feels like that's what we would want to ask for uh for the grandfather status of it because I believe it is over a year on there then they would they wouldn't have any grandfather status for anything on it. Um so I'm kind of I mean even if it cons continues as under this use even if there's a change in ownership I'm a little concerned the parking that's all right. That's what I mean. Like cuz if they sell and then somebody else runs it at full capacity, that's a big difference from how it's being operated at u at present, but they're not going to have to come back here unless we make that a condition. I I

mean, I would make that a condition that if they're going to sell it that and they want to a different frat that that frat's going to have to come here and get a conditional use. If if I may interject here just momentarily, we don't have any intention to to sell um during the term of our our lease agreement with this other organization. So, we're going to be the landlord for at least the next four to 5 years. Um so, again, it's not our intention to sell, but if we need to reapply for this permit annually, then we're more than willing to do that as a request. It's not for you to reapply. It's for if you were to were to change hands then then that new owner would have to reapply. That's what we're discussing. Yeah. So if you were to sell the new the new frat couldn't piggyback on your conditional use permit. They'd have to come back here and get approved. Which the board can add as a condition on on if it is approved that can be a condition that you could you would vote in. That that's what I would that's my vote. Yep. We're not unduly troubled by the the parking consideration because again on that it on that one level there are there are 18 bedrooms but also I I think we could argue about this for like hours on the parking like we do every other parking situation. So I mean if it's been if if the city agrees that it's okay and this is a historically been a it's been a fraternity it's built to be a fraternity and there haven't been significant parking they just deal with it they have to deal with anyways that's a whole the rat's nest yeah I guess we don't we don't know when the original when their first traditional use permit was granted do we don't know Yeah. Who knows? Okay.

Did it Did everyone have a any other question? 1950. [Music] Any other concerns with any of the other I think it's okay. So, do Well, why don't you do you want to propose a condition with regard to change ownership? Oh, we have to go public. Yeah, we'll do. Okay, we'll open the public hearing first. Yeah. Okay. Um, we are going to open the public hearing to address this case. CO25-070. Anyone wishing to speak in support of or in opposition to this case, now is your opportunity to do so. The It's open. Anyone? I see no one. We're going to close the public hearing. Um, any other questions about anything? No. Okay. So, why don't we your condition? Well, why don't we get the findings of fact first, right? Yeah. Okay. Um, I we're going to move to accept the findings of fact for this case. CO25-070 references James Morrison 709 High Street. Um, so we have a motion to accept the findings of fact. I'll second that. We have a second to accept. Uh, how do we vote? Miss Cook I. Mr. Missel. I, Mr. Dit. I, Mr. Bennison. I do. We have a motion to Well, let's um let's go with the the condition. What are you? Yes, I would I'd move to approve the application um with whatever

conditions planning had and then also with the additional condition that if uh if the property has a new tenant or is sold that the new leie or owner has to reapply for a conditional use permit. Yep. if they want to continue to operate a fraternity or sorority. I'll second. I Yep. We So, we have a motion [Music] with acknowledgement of planning standard condition with the additional condition that and Mr. Joerger will go. I just had a follow-up question. is the is the condition to that they have to reapply for a conditional use or just seek approval from the board for it to be transferred. In the past, the board has structured these to where it could be transferred if they come back to the board and petition directly. I would I would say seek a new conditional use because we can't well what if the proposed use if there's a significant change? way it's been structured before is that if it was going to be transferred then they had to come back to the board of zoning appeals. So I just wanted that clarification so that when that comes up in the future if it does staff directs the you know potential occupants to apply appropriately either to come back and have a conditional use permit or application with a hearing or to simply come back and ask the board for permission to transfer. So something we could just like vote on as an item without a Yeah. So permission to transfer wouldn't necessarily require a future public hearing. Okay. But I guess that's kind of the difference. But the board would still vote on it, correct? Yeah, that's fine with me. That's fine. Yeah. So simple transfer rather than new approved transfer rather than a new conditional use application being reviewed and approved. Yes, that's fine. Yep.

So we have a motion with the slightly changed verbiage there with a second by Mr. the wood I believe may by Miss Cook. I'm sorry. All those in favor? I. So, Mr. Morrison, we've granted your request for the conditional use subject to the standard planning condition and the second separate condition. If there's a change in ownership, um the new owner will come before the board for a transfer. So you will receive written notification from planning uh 7 to 10 business days. But sir, keep in mind that um the determination we just rendered can be appealed to the circuit court of Monagalia County and any work that you undertake in that 30-day window, you do it your soul financial risk. Thank you. Okay. So, we're moving to uh V2-076, John Espinosa, 731 Well Street. Request by John Espinosa for variance relief from section 1365.04 of the city's planning and zoning code regarding minimum off- streetet parking requirements. City tax district 13 in the fifth ward. Tax map 26 parcel 370 in the R1A single family residential district for V 2576. Um like the previous one as well as in the packets and on the TV. Here's a

overview of the site um showing where the location is as well as that 200T kind of buffer zone. A bit more of a zoomed in uh image to provide a little bit more um descriptor. um for it. Um the applicant seeks to remodel the residential building at the above referenced address. This will be a one unitit structure with three bedrooms for relevant sections of code below. Um where dwelling single family uh needs two spaces per dwelling unit. In summary, the applicant is planning to remodel and use this residential structure at the above reference address. The applicant is requesting variance regarding two off- streetet parking spaces. um see the attached application to review the findings of fact listed as staff have had no comments or modifications to these findings of facts. Um these can be found below the conditions. Staff also have no objections to the applicant's request for this variance relief. If the board does grant the variance relief uh for section 136504 of the city's planning and zoning code, uh the you shall be subject to the following condition being that standard condition that was read previously. And then that will conclude staff report. Thank you. Do we have a representative for this case? VR attended as well. Yep. Okay. Um, so is this John Espinosa then? Yes. On his own. Correct. Right. Would you like to just provide a an overview of what you're proposing? Yeah. Yeah, absolutely. So, uh, thank you guys. Good evening. Um, here representing 731 Wells. Uh this is a property that we acquired around this time last year. We actually bought them as part of a lot of properties in the downtown Morgantown area. Um this is the final property that we have. We've been able to remodel two and this is the third in that lot. Um the the property itself, as you can imagine, these are 100-year-old houses, so they're pretty rundown. We're going to be doing a complete gut and rebuild of this

property. Um new roof, new windows, uh new siding, uh new flooring, uh HP back, new central AC. So, I mean, the work is going to look like a like like a rockstar when it's all said and done. Um, that street, if you guys haven't been down there, it's challenging because uh just parking in general is a challenge. Uh, we had an architect uh go out there, Aero Engineering, they they were able to assess the property with us. We actually had an architect give us plans for for the rebuild that we're doing. Um, there's challenges with that property because of the property line, where the building's located, and just the overall environmentals. like there's this massive tree in the front yard that would be very cost prohibitive to remove and to level out and to to introduce parking. And so with all that in mind, um, and the use of the property, the property itself is going to be used for steer rentals. We're about three blocks from the PRT. Most of the rentals that we have are in the downtown area. Historically, when we do the rentals, we are very clear that the properties do not, you know, include parking. And so we've been very successful in the past. We've been doing this uh for about three years in that market now where our tenants have been able to, you know, agree to that. They use the PRT and the public transportation that's available in Morgantown and we have not had any issues uh you know with with those arrangements and so we're hoping to do the same thing here with y'all's approval. Right. Thank you. Any questions? No, Mr. Yeah. How many uh how many um residents do you expect to have at the uh once it's ready for occupancy? Three. I was going to guess four. And so then it would require three spaces then minus our u variance uh if we grant the variance, right? Cuz it's a rental.

No. Uh single family dwellings is two. But they're unrelated. So it's because they're unrelated, isn't it? Yeah. No, the use is dwelling single family and that's just two spaces per unit. So it's one dwelling unit, single family. So it's just two just two flat. Mhm. And they can't have more than a set amount of uh unrelated individuals or or people who are defined as a family unit. Okay. I'm not sure I know which house on there is is the one we're talking about. The yellow see the yellow dotted. Oh, okay. with the massive tree in front of it. Oh, okay. Okay, then. Um, yeah, I see it now, but I I really didn't see it before. Need a laser pointer? I didn't bring it. Oh, yeah. It's okay. So, um, how many spaces are there now? One. Zero. Oh, zero. And they just expect this park on the road. So, they're there. So, they've encouraged people not to have cars, it sounds like. But that's a good point. I mean, since they're doing all this work to revitalize this home, I mean, if it was a single family dwelling, being used as a single family dwelling, maybe we But putting three, you know, students, one of them was going to have a car. Two of them probably likely all three, right? Um, are there any Well, I guess we can wait and see if there's anybody here that represents the street. So, but there's a there's an issue with the topography, right? There's a I I'd love to see a picture of this topography. Can you can you explain uh sort of what the issue is with uh not being able to put a off street parking spaces with a hill or something? Yeah. Yeah. There there's essentially a central hill. So So think of like a parking lot which is you know not the parking lot. Sorry. You have the from the property line immediately on that there's a driveway and not not even a foot off of the driveway you got an

inclining like 10ft hill like there's there's literally stairs that you have to take to get to the front door. So, in order to put, let's just say you got a limited money and you rule the world, you'd have to get an excavator, which would be a huge challenge to get down that street cuz it it doesn't fit. Honestly, to get that down there, you'd have to shut it down and it'd be very, very challenging. But you would have to escape that 10ft hill. You would then have to try to level it and then even even then it would be like an awkward position to get a car cuz you're kind of going you're still kind of going uphill. So, that that's the challenge. I mean, I think that's why this property historically just hasn't had it because of the way that, you know, it was done 100 years ago. Does that property next door have off street parking? Do you know? So, so the the property next door actually has it does, but there and the house the three the next door neighbor house actually blew up. This is before we bought the property. Um, so so right now it's actually a vacant lot. Um but but that one does with their their property line is very different because it's all like straight. So you can actually drive you have street access where you can just pull right into it. Yeah. So this like little cutout hop half lot that belonged to this empty lot next to you right? This one that blew up. I'm sorry. The you said the house next to you burned. Blew up. Blew up. Yeah. The Yeah. It had like a gas leak and it blew up. I want to say it was like two years ago. So, the owner of that lot is who has that little parking thing next behind it? Sailor, do you know? Uh, I'm unsure of who owns that parking. I just know that the owner does not of of this property. Doesn't doesn't have access to that.

Yeah. M I mean it's it is sort of you know it's kind of a textbook variance. You're supposed to put in off streetet parking but there's a massive hill that you'd have to right level to do it and they're trying to invest in bringing the the structure back. You So this was a vacant property before you owned it? Yes, sir. Correct. Okay. When did you purchase it? Purchased it approximately April of 24. Okay. So, do you know how long it had been vacant? Oh, that's a great question. Um, a while. I honestly don't know, but but it's probably been at least 3 years since co potentially longer. Is there any way to put spots and the the street isn't labeled, but in the graphic um I guess to the rear of the house. Would there be any way to recess? Parking spots there. So, yeah, there there's about probably equivalent drop. So, so it looks level. Oh, really? It's not level. Oh, but but from that street to the actual yard, it's probably about the same. It's about a 10ft drop. Oh, that you have from the street access to to to ground on the backyard, right? Okay. That's going stuck between a rock and hard place on this one. You are. Yeah. Well, we talked last week about um we should start requiring profile shots for uh whenever someone uses a hill as an excuse for a varian I used to manage esavators, so I know if you can get one in there probably if you get one right in there if there's already a road, right? So then to dig out a you cut a hill I'd like to see what it looks like. Yeah. Yeah. Ran like four drill rings. So

if they Yeah. Well, but it's also vacant and been vacant. the neighboring one. Yeah. Yeah. But it looks like there's room to even get something in there. And then like I said, we had that case uh what was it? Two uh last month about these parking over on Weightman Street and they said it how how congested it was over there. And I know they're thinking they're all going to be walking but there was also correspondence for that case too talking about it. people in the neighborhood writing about concerns about congestion. I've been out, but I've not received any calls recently since I've been back or emails about it. And I don't believe Ricky has either or they would have been included in the packet. It's wild. Like, do we know Yeah, we don't know the existing congestion on that street available parking because other places have there's no available parking in those areas, but yeah, no knowledge of it. Does public would public works is is parking on street parking permitted at all? Like even if it's um restricted and you have to apply for a specifically if we were able to to get to spots out front. Is that you know maybe we just made possible at all? They just have to have parking pay pay for parking somewhere downtown and that's just something they don't have to deal with. Well, that has to be within a certain distance, doesn't it? Yeah, that would be a conditional use permit. Um, and they have to be within a specific district, which cuz does this have on street parking in this district? That's what Yeah. I mean, you can you can tell from this overhead shot they've made people put off street parking. You know, look all these parking places are digouts. It looks like there's one vehicle right right. Well, that's what I was kind of asking. I'm like, well, why don't you rent from whoever this is because this probably belongs to that. you bring fill in and you make a retaining wall and boom,

you've got at at street level, you don't have to cut it down. You can just bring up. So, I mean, I kind of am more a fan of that idea because if they're doing a full remodel, it's not like they're using the existing home as it is. They're doing the full remodel for the purpose of renting it. And with that in mind, it makes me lean more towards having the foot space. Yeah. Because otherwise, we're making it up city bear the the the load of this additional park, which is everybody else around. Yeah. cuz it does look as if there's a vehicle. Yeah. Yeah. You see they brought that up. You can see the cast shadow. So there is a little incline there. But I without it like you know Mr. Phil said I I can't see a plan view of this to know what her profile. Yeah. The challenge guys that that I'm running into just you know cuz I've looked at that retaining wall in the back just being very transparent. It it honestly just comes it is cost prohibitive right when when you're doing these houses and you're doing a full remodel. I I'm putting in over $120,000 of my own money to do this and to add another 20 or $30,000 for for for retaining wall. Yeah. Right. I I can't get my money back. Like I just be honest with you guys like it's not worth the investment. So I'm trying to find a way like you know I'm hopeful that you guys can work with me. like how do we find a compromise to where, you know, I I I can't realistically put in money into a house that I can't get back down when I go to sell it, right? Like you wouldn't buy a a $200 car for for for $400, right? That's kind of where you're being very honest and transparent. Like I I want I want to find a way to get the gas, but adding a retaining wall, that's that's not cheap. That's not cheap to to get that installed. In the back, you're talking 15 to 20. Probably 30,000. Yeah. Or more. Yeah. Yeah. Or more. Like it's And it's just it's cost prohibited. This house when it's all said and done is going to be, you know, 150 170 and and like the numbers just they're just not

there. You're not being property. And I and I assure you that the rebuild that I'm doing, you're going to have a really nice house in Morgan Town. No. You know, I'm happy to give you addresses of other properties that I own. They are by far very nice. They are better than most landlords in the area because they do them right. Like I don't cut corners, but that that's why I just want to be very transparent. Yeah. Well, with all that said and done, I mean, that that should have been in the original consideration and and although um we respect that you would have to pay, that's not really um fair. Um yeah, that's not really our monkey. um so to speak. I I dislike having to say that. Dislike having to say that respect. Yeah. I mean, I think it really does need two spaces like everybody else. When there's availability, there is, you know, even as I said it. Well, here's my I mean, for me, in a sense, it's a kind of it's a it's sort of textbook because it's it's a physical condition of the property that is prevent that's making it cost prohibitive to put this parking in. Mhm. Um, now I get what you guys are talking about with the congestion and whatnot. So, I mean, if there was like if it was if it was obvious that this is already super congested street, I I get it. But I als this also just kind of seems like a standard variance to me. Well, it's a but it's not like a homeowner buying it and then asking for it. It's something Oh, yeah. That would be a much easier s. Yes. If there's just a family coming have a problem, but since it's, you know, student housing and buying homes and flipping homes has always been, you know, a thing in Morgantown, you've got to have and you got to and you got to plan for that as if that's your if that's your, you know, directive of what you're trying to do with it, then you then you take that into account. Otherwise, if

you're a family trying to move into a home, that's much easier for me to approve in my cuz maybe maybe you're like doing $100,000, you know, like maybe just you cut back on those remodels and and put some in your driveway, put a metal roof and Yeah. I'm just saying I'm not telling you what to do, but I'm just saying like these are considerations that I'm weighing right now. So, you're not already leasing this, right? No. No, sir. that this property this property is vacant. Uh the permit that we put in was actually to start the uh the remodel. I just wonder if it would be possible just to terraform like right the neighbor blew up. Well, no, no. I just along here if it'd be possible just to terraform that to create Yeah. to not perpendicular to the oral retain that little wall right there and they could pull right off the street. But like you're saying, it would be upwards of like 15 to $30,000 of concrete work and excavation bringing stabilize the bank. We have to bring the film material in from somewhere and then you have to then make a wall to hold it. Do you know the owner of that empty lot next to you? I I I have reached out to that owner. Uh cuz I I had the same idea. I have a call and a voicemail. I was looking up through like the the taxes to try to get the contact information cuz I I I had the same idea like maybe I can just buy that bot. Yeah. Or just lease two spots lease two spots from them. Yeah, that's a great idea. Yeah. I I I have a call and a voicemail into the uh into who I believe the owner is. Yeah. I had the same idea. Oh, are we talking about they didn't burn up with the house? Probably I hope. But but you haven't had a response. That's probably the best solution. Are we talking about the the parking that we can see is clearly parking or the house that we could turn into parking? Talking about leasing that that empty lot with

like that where the inventory if he could rent two spa two spaces from that guy who obviously doesn't need it unless he's got a tent there. Yeah. Or maybe tenants weren't home when they took a understanding that it's this is all speculation but my understanding is that they may be under some insurance litigation at this point. Probably. Yeah, that's for sure. Well, what if you I mean I don't I would vote I'd vote to grant it, but I mean you guys seem disincclined if we you maybe you could continue it. Give him a couple months to see if he could at least two spots. I kind of want to put maybe something provisional so that he could do the work, you know, but but under the idea that like I want to look at this again when I know more about this property. I don't I from this angle I I can't whether it looks right. So we need more we need more um information. Yeah. Yeah. I would like I would I would feel better if I had more information. Like one if I knew what the congestion was like on that street like are we going to be adding to other people's problems like we would like other times like maybe cuz if this is a bunch of student homes and there's nobody there that's going to really know about this to come here and go hey we've lived there cuz it's just people are in and out of these homes. So, I don't want to create a problem on that sweep inadvertently. Um, so then we could you could continue it. That's kind of what I'm saying. I want more information. 2 3 months. Give him time to see if he can either like build his case for why that that um excavating that hill would be cost prohibitive or make it for easy for everyone and least two spots from the neighbor or one of the neighbors. It doesn't necessarily have to be the one next door. Right. Got it. Yeah. there's lots of people you can ask and hey if you're going to pay him for a space you know so that's not that hard. So motion to potentially table this then and return to it whenever the the

applicant can provide a little bit more information and uh that'll give the city time to also look and see parking rags to see that range of how much they could lease if they can. Sir, do you want to come back? I mean could you do it in a month? Do you want to come back in two months? We have one a meeting a month, right? Yeah. I mean I I I'd say then in the next 30 days. I mean, we we want to get this property moving around. Can you take Can you use that additional month to compile additional like photographic like some letters from your neighbors if adding two parking parking spots on that street near that home would congest and they would have a problem with. If you have some letters from your neighbors that say we're cool with this, then I I I feel fine with it. And maybe letters speaking to those specific unique characteristics of this particular property as it differs from cuz I mean some of the other properties, they look similar, but are they really? Yeah, they've all got parking. I mean, yeah, they've all got off street park. most to maybe to add a clarification to it. They return in a month and as a condition or a part of the t maybe not a condition but as a part of tableabling it the expectation is that they provide some support from their neighbors with their consent to to support it. Um and additional photographic views showing like the the the land topographically the nature of the the property. So table it for for a month pro and then come back with additional photography to help support their claim as well as uh support from some neighbors. Um that would be good. Yes, that that would be suffice you would think. Yes. Yes. Okay. Are you all right with that sir? Yep. Just providing additional photographic documentation of the character of the or just find two spaces and then it'll be easy.

Yeah, very easy. Right. Maybe you're I I would have them already, but but I will uh I'll get you guys the additional photos and I will work to uh coordinate with the neighbors and and in parallel I I will reach out to the uh to the property owner next door to see if I can get those gone from that whole strip of Right. Yeah. All right. Thank you, sir. Thank you. Did you have something additional to There will be There will need to be a motion to table it. Oh, right. I move that we table um I'll second that motion. So we have a motion to table V25-076 I mean no excuse me second case V25-076 John Espinosa okay 7:31 we have a motion to table till at least the November regular meeting second and seconded by Mr. Dit. How do we vote? I I So that case is tabled. So, we're moving on to V2-081, uh, Zanchun Zoo, 67 Jones Avenue, request by Zanchun Zoo for variance relief from section 1365.04 04 of the city's planning and zoning code regarding minimum off- streetet parking requirements city test district 12 in the third ward tax map 20 parcel 219 in the R3 multif family residential district the uh for VR 2581 uh much like the ones previously before it here's kind of a rendering to show uh the site and wells buffer zone and a more zoomed in uh detailed description you know, kind of the size of the lot, visuals um to kind of see it a little bit better. Uh as well as a frontal kind of uh view of the home as well as that one parking space that they have uh on

the right there. Um so the applicant seeks to gain a certificate of occupancy for this residential dwelling at the above reference address. This will be a multi-unit structure with three units in total. the applicant has one existing parking space shown there's uh as I believe one pack it's just shown visually up there um on the side of their structure refer to the relevant sections of code below which just describes the the calculations for how to get to the conclusion of how many spaces are needed. Um in summary the applicant is planning to rent a residential structure at the above reference address. Uh the applicant is requesting variance regarding three off- streetet parking spaces. They would need four in total. They are able to provide one. Um so they are seeking that that the difference of the three. Um please see the attached application to review findings of fact listed. Staff have had no comments or modifications. This attachment can be found below are the conditions. Um additionally staff have no objections to the request for variance relief. If the board does grant applic uh the applicant variance relief from section 136504 of the city's planning and zoning code, you shall be subject to the following condition being our standard condition referenced in the previous uh variance request. And then that'll conclude staff report. So the square footage requires four offset parts. Yeah. How big is this? It's not by square footage. It's just by occupants. So one bedroom dwelling unit is one space per uh unit. Uh but if it's two or more bedrooms, it's 75 per uh occupant per per bedroom. Um so that u they need four based off the three units and then the individual occupants within those units. Um they have one already uh there. They are asking for three. Can I tell the depth of that um yeah can we stack driveway but can they stack them? Uh no it's that driveway is actually barely appropriate for for it's for one car. for one car, but it's Oh,

excuse me. Due to the rideway on that street, they're just within the size um for one spot. They can't the sidewalk. It's just barely 8 foot wide. In other words, no, it's it's the depth. Well, the depth, the width is okay. Um and I can maybe show it a little bit better in this image. The width uh is all right, but the depth is barely um cuz it's 8 by 16, right? Uh it's eight by I think 18 and a half by 18. So it's eight and a half wide. Uh and then barely just 18 deep. Jones is one of the worst streets in Morgantown. Yeah. For parking. That that'll conclude. Okay. Thank you. Yep. Any questions for Mr. Thompson? Do we have a representative for this case? Please approach and to the podium and just speak to Yeah. Could you just state your name and address for the record? Joe address 67 Joe. Okay. And then just speak to the particulars of your case. Yeah, that's one that's when I report this one is like a same size. Just when I rem basement first floor they usually saying the door has two two front door and one basement door just separate like different unit before is the bed almost same right when I b and beginning people don't tell me quite empty right and I just keep doing everything after doing helping and different special coming. I think the P come out

special and he say need sprinkler and I have no idea beginning they don't tell me why I do that right and after that they call me did did you like reconfigure the interior to increase the number of occupants to make it more Yeah. Has it has the number of occupants increased or so the number it's always been different before only like two two front door. Yeah. Now he's got a basement and inside the bedroom same. Okay. So but you added a basement unit. Yeah. Yeah. Basement unit for one other one additional occas. [Music] Okay. So we added an they they had a stair inside go to the used Oh, so they still use this separate access. Yeah. Yeah. Separate. Yeah. So how did they get away with it before that? Right. They're probably grandfathered in. Can you speak to that, Mr. Yeah. the uh it's old enough that it's kind of similar to the other one where um when was it originally given that uh approval is it's just existed for however long it existed and uh we I was not able to find those records um and then it lapsed and now now it's here. How long did it lapse? Uh I that's going to be able to speak to how long it was vacant or long time. Long time. I I asked the six. Oh wow. Success for seven years 21. Okay. That house can Yeah. Looks good now.

He just do it on the back side of the wall. is almost lost my remodel is to be a new hole on the back side of the um again you heard the pre the prior case with parking and and Jones Avenue is really bad. Is there any way you can talk to a neighbor or neighbors? Well, what about that ramp? Is that ramp public? Can anybody get a pass there? Let me see what ramp. Let me see what you which ramp top left corner uh off a university. I mean on an already overcested street where cars is going to change cuz this I'm just joking. I'm like they already fight for parking on that street already. So if you had three this one isn't even this parcel's not even as wide as the other one. It doesn't look like to put vehicles out in front of it. So do you know is that a public lot for the top left? Yeah. Close enough. Uh not I'm I'm just not aware. I don't believe so. But I swear it is the Yeah. Point. Show us. No, I'm I'm talking about here like the big the parking. Oh, for the university. Way too far. Way too far. Yeah. The the So, um there's also a conversation with one of the neighbor neighboring kind of property owners um to use their uh they they kind of have a parking area. it's just out of the range that would be that would be permitted for them to use it. So for this this is kind of I think a little bit more of I would say special case but it it is a highly congested area and what does the city recommend on this one? Um well at least for um what can be done about kind of using another uh parking lot or something per our ordinance. he he's not within range and he's not within the use in a district

where it's large enough that he could lease. Um there he has talked to um one of his neighbors and they were they were willing or at least interested to you know talk something out but they it it per our ordinance we can't require that because of the uh the distance. Um what is the distance again? I believe because of the district that it's in it's 200 200 feet. Yeah, that's what I was going to guess. So, it varies depending on the district. Yeah, it depends if it's a business district, um what type of shared parking facility it is, uh et, you know, etc., etc., but that those are kind of the two major parts of it. And it's 200 ft for for his uh case. And there there weren't um at least the one that that um was previously talked to, it's within that range. Um down the street a little bit is Blue Curb. He uh maybe a condition or something that he would have to go try to acquire something for uh for that. Um and then if it's given then it's it's approved or if it's not given then maybe retracted and they have to come back or just kind of um at least in similar example to the uh the ice cream parlor one where you condition that they have to try and they have to go and and go through the proper channels to get those um you know either get it striped uh or get u a tag provided uh for that that parking and then if they're not if it's not given to them then anybody would be kind of out of luck. Um, but that would be up to the board, but down down the road there is a blue curb which you could potentially put. How far away is the blue curb and how much of it? I mean, does he have an opportunity to get enough spaces or no? Talking about like Wilks Hill or um it would be a race in every day to get in that space first up there. Well, it's not really as close enough as I'd like it to be or or would it be possible? I mean, there's nowhere for him to put parking. It wouldn't be very convenient. There's nowhere on the street to give him any parking. No, there isn't. I'm not trying to. Is there any way to like down the side there's one you have you can offer one spot?

He's got one spot. Is there any way because Yeah, just to extend I mean it wouldn't be very convenient for your tenants. They'd have to back. I'm leaving now and then everyone would have to back out. But is there any way to extend that? There's not enough width on the side. discussed that from. So there's a tree that's located. It'll be easier to see in this this we did notice the tree. So it's not even it's bar just barely 8 foot wide there. Yeah. So he he does he own the tree? That's the property line. It needs it needs to be 17. Oh and also where your property line is there going down. There isn't enough room for that 800 to extend that down the side of the structure. Correct. Yeah. He could removal the tree and extending it to the side. The where his neighbor's property light is. It's too too small. He doesn't get the full. So, the front yard can't do anything with it either. Uh it doesn't I'm thinking even sideway, you know, pull it in, pull it in on the make any issues with planning, but I know for engineering that would be permitted. Engineering wouldn't permit that. Um, but the but the city you guys you guys say you you see no problem with this this variance request. Yeah, we don't object to this variance request. Okay. I mean well like I mean is that ever going to be a single family house in that spot there? It's always No, exactly. This is In fact I knew back in college none of them had cars up there because of how congested and he can't rent that place as a sing for one to one person. This is also a a multif family district. Um I'm not even sure if a single family dwelling is permitted. I'd have to look. But it's at least for what their district is, it's multi family. Yeah. So he either has to get this variance or there's like an economically useless area at least it was a residential zone. I mean like our family could have had that other this one this

one's only college homes. Okay. But he the other difference between this case and the last is the proportion of the structure to the overall lot. That's correct. That's another significant difference. relating to the park and and before it was two units they were using the other bedroom. I mean what do you mean before before he bought it? Yeah. No, no. So it was always being used. He just added an access. No, I I understand I I did understand that. So he's got two doors in the front. So I'm saying so he he actually added an access which added more need for parking because of the What about keeping it? I mean, I know that's potentially not what you intended, but yeah, even like those town houses, can you limit yourself instead of going with four occupants so that we're decreasing the degree of nonconformity? Are we able Can you go with maybe no more than three occupants? We know you modified the basement just because we can limit we already know the the road's really bad congested and and uh but I think we ought to go with the route of try the blue spaces. Yeah. See if you can get a blue space because we would rather you have the use you can offer two spaces of the four. Yeah. If you can get a blue Yeah. uh that how bad uh it's it's again that the the length um the distance there um we can double check it um but I'm I'm pretty sure that's still out of that range um for it and at least from what it sounds like maybe potentially putting a condition on to try and acquire a blue a blue stripe like you know to see that arrangement made before we need a couple blue isn't they well it's three, but it's what what the

board give them one have them get one blue spot. You have one spot. If you could get one additional with your four occupants, that's But that whole street is fight for parking anyways. So, I think everybody I mean, even if we approve, it doesn't mean he's going to be able to use it because the the amount of people fighting for it. So, we we can approve this, but at the same rate, like they're going to it's just like fighting for for parking up there. I I I remember this very well. Oh yeah, I've been I'm draw. Yeah. So, so I don't think it really matters. And effectively, we have to give the three. We have to give the three or we have to I think it's we I'd like him to get a blue pass just to give somebody the opportunity to have a parking space. But at the same time, even if we gave him the variance, they' still be the same problem he'd be in regardless. Do you want to see him have those arrangements in hand before I don't think it changes it. Consider Okay. I I mean my that's my I just don't think it changes the issue of there's not enough parking up there. I think I mean I kind of would say we approve the variance because it's it's just everybody's out. I'm leaning toward approving just because of this case is different in terms of the it is the proportion of the the structure to the parcel. It's different and used for that purpose. Okay. I would like him to seek the approval, but I don't think he has to have it. Right. So, approve it with the condition that he applies. He applies. Yeah. Agreed. Do you want Do you have anything else? Oh, do we have any other questions? Okay. Let's go ahead and Oh, we're going to open the public hearing to move things along. So, we may have other questions for you, but you can you can go. Yeah, you can be seated. Go. You're all set. Yeah. Okay. We're um opening the public hearing for um V25-081

67 Jones AB. Anyone wishing to speak in support of or in opposition to this case, now's your chance to do so. Seeing no one, we're going to close the public hearing. Um do we have I mean a motion we accept the findings of fact and I will second a motion by Mr. Mr. Dwit to accept the bindings of pack seconded by Mr. Misfelt. Um, how do we vote? I I I I um I move to grant the requested um variance with regard to the parking subject to the standard condition with a condition that he applies for blue just applies not receives but applies for a blue parking permit permit from the parking authority. Yeah, parking authority. Yeah. Okay. So we have a motion to approve the requested variance for the parking subject to the standard condition with the additional condition that the applicant apply for parking through the parking authority city of Morgantown. Seconded. We have a second. Um on that motion, how do we vote? I I I So we have granted your request. You will receive written notification from planning in seven to 10 business days. Keep in mind that any work that you undertake in that 30-day appeals window, you do it your soul financial risk cuz it can be appealed. Do you have any questions? All right, we'll follow up with you and you Yeah, you'll receive a letter from planning soon. All right, we're moving to the next case and that is V.

This is under comes under new business by the way. V2-082 Jan Pel uh 213 Lindhurst Street request by Jan Pel for variance relief from section 1335.05 05 of the city's planning and zoning code regarding encroachments into sectbacks. City tax district 10 six ward tax map 29 parcel 636 in the R1A single family residential district. Thank you Mr. Chairman. Um so just this is a map of the site at the intersection of Lynhurst and Arlington. Um you can see it's a a regular size shaped uh lot. Um the picture on the left hand side of the screen shows what the previous the previous previous street view from Google was of the exist of the previous uh deck that was on the back of the property or porch. Um and the applicant wanted to repair and replace that. So the um image on the right is what is currently there. Um and so um we are they I'm not sure maybe the applicant can speak to this but the work was done without a permit. So we're trying to rectify the situation now. Okay. But notice that the um the the deck or porch that was put on was was basically in the same parameters as the existing. What was new and made it an issue was the stairs that came down. And so therefore, the applicant is seeking a a three-foot variance based on um that portion of the zoning code that governs uncovered stairs or porches. Gotcha. Thank you. That concludes staff's report. Right. Thank you. And the issue is it's not far enough from the property or is uncovered. Pardon me. The issue is it's too close to the property edge or it's an encroachment into the stairs encroach and this so this is would this be side or rear in terms of encroachment

like the which setback are we talking about? It would be just to try to contextualize it I guess street because that's where people side it would be the side but that that uh this that encroachment applies to any property line. Okay. Oh. All right. Thank you. Um, do we have do we have a representative? Yeah. Please approach and state your name and address for the record, sir. My name is Jan Pel. I've owned the property since about 2002. Um, the porch did come in disrepair, so we had to had it replaced. The porch itself is the exact same dimensions. I'm assuming that the original porch was there since the house was built in the 30s. Mhm. Um the house never had the porch never had steps. Uh so the contractor did build the steps. Once the steps were added, they did encroach on the line. Um, I want to apologize to everybody and I know you probably hear this all the time, but I can't change the fact that other people say it. The contractor that did this, had worked for me many times in the past. He always took care of the permits. I've only took care of one permit in my entire life in the city of Morgantown that I actually did myself. So, I had faith in the contractor. It's my wife's first cousin. He's a licensed contractor, state licensed. He's insured. He's done work for me before in the city limits. He has always got permits. Yeah. Um he may not have thought it was the stairs. Not I'm sorry. He may have not thought it was applicable to these stairs or something. I wouldn't beat him up too bad. Maybe. But because he in six days it'll be exactly one year that he has

completely 100% ghosted me. Oh. Oh, no. So, the last contact I had with him was October 21st, October 27th and January 28th. And I've never and I've had two calls to him since that time. And he has never responded to me. Uh the 21st of this month will be exactly one year. So, my gut sort of tells me that maybe he sort of knew that he was doing something wrong. Oh, okay. Fair. But but that's that is I'm assuming that's totally irrelevant. But what I'm asking for is there's a couple things that I'd like to say in my defense as far as asking for the very the setback relief. So the house never had steps on the back. So I believe the addition of the steps although sticking out a little bit um definitely add a a little bit of safety to the house because now it has an exit out of the back. Yeah. Um, and it's never had it doesn't look like it, but that's that porch is probably about 10 ft to 12 ft high. It's It's pretty high. So, the steps mean that now the tenants if if in an emergency, they can actually have a way down a way to get to ground level out out of the back of the house. The other thing I'd like to say is that the base of the steps, all of the posts are on a concrete slab that has been there, I'm assuming, since the house was built. So, they are on the that concrete pad. So, we didn't have to construct something new for them to have a solid base. The footprint's the same footprint as before. What's that? the footprint of the concrete base that the the posts are all sitting on or what I've already already encroached on this on this edge. Yes. And thank you for saying that because that's that was better put than I could put it.

The other thing that I can think of that I want to say is that from a layman's standpoint I the first thing that comes to my mind is does this does this encroachment cause any kind of safety issues like for example does it would it hinder a fire truck from going down the road because it's it's coming a little bit closer to the road than the port of the house my answer to that is unless a firetruck has never went down that road in the last 30 to 35 or 40 years, that's not going to have anything to do with the fire truck going down there because there are there's a group of about four or five very large pine trees that come up literally right at the edge of the road. So before my porch could be a hindrance to something going down that road. Not the porch, but the steps. Yeah. Those trees are going to be more of a hindrance. Um they they literally come out of the ground right at the edge of the street, right next to the black dot. So my my porch sits back further from the road than those pine trees. And those pine trees, I'm going to guess they're they're 35 to 40 years old. So, they've been there a long long time. Um, so again, from a layman's standpoint, that seems to be like like the most important thing that I would I would consider. Any neighbors have a problem with it? Any neighbors mention it? Sir, I I really apologize, but my Oh, sorry. Any of the neighbors mention it like Okay. and and put put a sign in there saying that there's going to be I mean I'm I'm

question I don't either. Thank you. Yeah, we may have other questions for you but not at this time. Thank you, Mr. P. Thank you very much. The only difference I can see would be if if the stair were oriented differently, but it there would still be encroachment at the base, I think. But there's a but there's a concrete pad that was already poured that's already kind of set in my opinion residence of you're just coming up off of something that was already made. So Mhm. And you're you're not the original owner of this home. You're not the original owner of this property. You said he bought it in 2002. Okay. I mean, I don't want to split hairs. I don't really see problem. Any other questions? Okay, we'll open the public hearing for this case. Um, this is um Let me just reference the Yeah, I'm sorry. This Oh, we're not open the public hearing for V2-082 JPEL 213 Linder Street. Anyone wishing to speak additionally in support of or in opposition, please do so. Now, seeing no one, we can close the public hearing. Thank you. Um I don't It's pretty straightforward. [Music] What's that? Yeah. So, if it if it was covered, would there be no three-foot requirement? What What was the question? If the porch was covered, would there still be a 3ft setback requirement? It'd be it'd be more. It'd be even more. Yeah. When you add a roof to something, it becomes a part of the main stuff. So, it'd be probably like I don't know anywhere from 8 to 20 ft could be what you Yeah. But if it's uncovered, which it is, uh, then that's where that three is coming from. If it was covered, it would be it would be more restricted. So that original porch would have been and

that wasn't that didn't satisfy the setback either due to the the size of the lot too um back um with it. The lot as you'll notice is very small. They um for surface area cuz there's a percentage of the lot you have to keep uncovered. It's already above that. Um my property is very similar to that. It's very Yeah. and and it doesn't meet it's one side setback because as you can see it's like hugging the property line. So there yeah there are other issues with the property for uh if it was built today it couldn't be at all basically. So Yep. Yeah. This isn't really this isn't really changing it was already it's not increasing the congestion or anything. I move to approve the findings of fact. I second. All right. We have and no questions about the findings of fact from anyone. Okay, we have a motion to accept the findings of fact. Um with a second um all those in favor I I I and again this is for V 25. Um so we've accepted the findings of fact. We have a motion to grant the the requested variance for V25. I I move to grant the variance for second for V25-082. Excellent. And we have a So we have a motion to grant seconded by Miss Cook. How do we vote? I I You're welcome. Thank you. Um so again, you will receive written notification 7 to 10 business days. As with every case, um please keep in mind that it can be appealed to the circuit court of Mona County. So any work that you do in that 30-day appeals window you do at your sole financial risk. Thank you for coming down this evening. Thank you. Okay, we're moving to the

next case uh under new business. This is for V25-9 Fatty Fared 442 Barrett Street. Request by Dylan Goodwin on behalf of Fi for read for variance relief from section 1337.05 of the city's planning and zoning codes regarding encroachments into setbacks city text district 13 and the fifth award tax map 29 parcel 85 in the R2 single and two family residential district. Thank you. Thank you Mr. Chairman. Again this is just an arrow map of the location there on Bear Street. uh one one um structure away from Baird and um Forest Avenue. Um the applicant is in the process of renovating the the the two family dwelling and in doing so this lower unit, they want to install a deck with stairs to go down to the property. Again, just like the previous case, it's an irregularly shaped lot. It's very small. This is a rendering on the left hand side of what the applicant's proposing in terms of what you know the kind of the detail of what the the um um uh deck and stairs will look like. And on the image on the right is actually what the layout will be. A 6x10 deck with stairs coming off and then going down um towards the bottom part of the property. And again that deck would be right where that door is and the stairs would come off to your right hand side and then come down towards Bear Street. So, the applicant is uh seeking variance relief for the full amount to accommodate this proposed improvement to their property. That will conclude staff's report. Thank you. Do we have a representative for this case? Mr. Fared is online. I believe he's online. Oh, all right. Good evening, sir. Can you maybe provide an overview for what you're proposing? Yes. Um I have Dylan here on the call as

well. He'll be able to specify everything um two things. So I'll let him speak on that. Right. So just state you just we know you're coming in remotely. Just state whoever's speaking name and reference of address. [Applause] Uh good one. 442 Bear Street. All right. And then just an overview of what you're proposing with justification. Uh just a small deck, something to walk out on. Um we were allowed to This started out as a multi-unit. It lost its variance uh due to vacancy. So it's a duplex now, which has basement living. And um we put a door in there cuz there was never there was always stairs to the up to the upper levels. Um so we put a door down on the back side which was approved but there's really no way to safely get down to road level because it's all on the hillside. Right. Are you're encroaching on the property property line again? Is that what work? Yeah, it's uh it encroaches into Sorry. Oops. The front yard's out back. Yeah, cuz this would be um because it's a unique structure, this would probably be that whole curvature would be to consider the front yard, but again, we're looking at this lower corner um of the property. So, it it's just very tight. Okay. There's Yeah. Okay. This kind of looks like previous case. Mhm. I can see the safety concerns. I mean, I see this being a property improvement and kind of necessary and neighbors don't have any issues with with this.

Not that we not to our knowledge um through any written correspondence or anything like that. Um maybe during a public hearing somebody will surprise us, but um at least as far as anything that I've seen, even though I've been out, I'm not aware of any uh particular um grumbles against it. Okay. I don't have any questions. Well, it's only encroaching on the front, right? Yeah. Yeah. And it's not even encroaching on the neighbors. I don't believe so. So, does that mean it's encroaching on their property line? It's it's encroaching to the rightway. Right. to the front. So, I mean, it shouldn't it shouldn't really bother any What's the distance of an approach? It it regardless it's a city right away or a neighboring property owner, the setback requirement is 3T. How and how many feet are we coming onto it? Uh they're it looks like they're ask they're asking for the full three. It looks like they're going to come right to the right to the side because of the way it has to come down and and come out so you can have way to walk. I mean, I'm going to go split hairs on that. I'm sure they can. Oh, yeah. Okay. I mean, is there a way to possibly shave a foot off of that just so it doesn't touch the sidewalk? I'm not sure. And maybe um um Mr. Goodwin or or Mr. Freed, if you can answer that question, but I don't think the stairs they don't come down to street level, right? I mean, they actually don't come down to the rideway. Is there still a grassy portion that that you'd have to walk up to get to the steps? Um, almost be road level set back. Um, cuz it looks like into the grass to get the stairs down there, I would say. Oh, so you'd be able to step off the street and go up the steps pretty much.

I'd want like one foot of like Yes. which is exactly like the the uh neighbor parallel to us has their steps and then that's why it's a very tight street. It's a onelane street in there. It's difficult parking, difficult to get into the homes like I would say the majority of them with the apartment complex at the bottom is the exception all have like stairs down to the sidewalks or roadways, right? Okay. If this was earlier in the night, I would ask for more. Well, this is over by like forest that I mean, this is over over here. Like there's no there's nothing going on on that street. Yeah, there's nothing going on that street. [Music] And how deep what's the diff distance between the front of the new where the front door is and the sidewalk? Is it about 12 ft from the front of the structure to the sidewalk? I would say about 12 to 15 ft. Yeah, it depends. So, it's going to be shy of where the sidewalk is. Google map on it. Um, it'd be much more because of the hillside, but straight out from the doorway and another two sidewalk a good 12 to 15 ft. Does that is that reasonable? Yeah. What you think? So, okay. Do the steps go right up to the sidewalk or is it grass? I don't think so. I think it's grassy. He said it go right up to the sidewalk is what he said about it. Is that what he said earlier? Oh, okay. So, it's basically going to touch the sidewalk. Yeah. I kind of wanted one foot platform, you know, of like something but but he's also said the neighbors are the same. So if we're the precedent has been set by the neighbors also going directly to the sidewalk then I really can't ask maybe we could petition

it might not it just might not be enough to do that too have them do a slab to support a little slab cuz I feel like then they walk out they step off the steps and right on city property then it's suddenly like if they get hurt so condition a slab at the I kind of under the the foot I would but that's me I don't think I I do I have the right to demand that like a four 4x4 ft slab. Do I have a right to to say that I will want a foot before the side before the sidewalk? So, I just think I don't know is there any any legal issue of them stepping off these steps and directly on falling. Well, at least for the stairs, uh the board can condition maybe a landing like the there has to be some sort of landing because I don't want them to land on the sidewalk and hurt themselves and then blame the city. The uh question would probably be more for like a code review or engineering because planning we don't look at that. Okay. Uh at all, but if uh this was built in a way that wouldn't be safe for like code or engineering stuff. What if you fall out of the sidewalk then you fall out at the street? Cuz if they're aiming right at the sidewalk and you fall down the steps and you go right into the street. Actually, I don't like that a lot now that I think about it. Like if you fall down the steps and they're angled right at the street and you end on the sidewalk, your roll path is going to push you right in the road. Yeah. in code and engineering will be able we'll look at the stairs and see if they're secure in structure and and and that we we don't have any perview over that. Um I like to you know safely um um yeah do we open this up to Yeah, we need to open Yeah. So um if there are no further questions let's open the public hearing for this case. Um, anyone wishing to speak in support of or in opposition to this case, please do so now.

Seeing no one. Okay. Public hearing, I move we accept the findings of fact and I'll second that. So, we have a motion to accept the findings of fact for um, let's reference the case number. This is for V25-90 Fif Fared 442 Bayard Street. And we have a second. How do we vote? I I I So we accept the findings of fact. Um I move to Is there any further discussion? We're comfortable with the I I'd like to add a condition that it doesn't the steps don't end on the street. Oh, I like a motion to accept the We already motion to accept the fun fact. So, there's a motion to grant the variance with the condition that the steps don't end directly on the street that there's some sort of landing, but again, that's for city code uh planning to advise. Okay. So, we have a motion to grant the uh requested variance for V2-091. Oh, I'm sorry. Oh, that's not the right case number. I'm sorry. Let me go back. This is for I apologize. 2590 25-90. Um, subject to the standard condition and the additional condition that the foot of the uh the L not be directly on the city rightway sidewalk. Correct. Mhm. Um, I second. And we have a second for that motion. Um, how do we vote on the requested variance for V25- I? I. So, we've sir, uh, if you can hear us, we have granted your requested variance. You will receive written notification from planning in 7 to 10 business days. Um, please keep in mind that the

determination that we just rendered can be appealed in the circuit court of Montgali County and any work that you undertake in the 30-day appeals window, you do get your soul financial risk. Thank you for being present this evening in support of your case. Thank you. Okay, so we are going to move to the next case. Um, and this is again under new business. This is I believe this will be the last case of the evening. This is V25-091 Gregory Con Cummings, 842 Monagelia Avenue. Request by Gregory Cummings for variance relief from section 1335.05 of the city's planning and zoning code regarding encroachments into setbacks. City Tax District 13 in the fifth ward tax map 25 parcel 167 in the R1A single family residential district. Thank you Mr. Chairman. Again this is just an arrow view of the property. Uh you can see Monagalia a Avenue here on the uh be the left hand side of the screen and then the property actually it's its frontage or lotage is actually on the alley behind the structure. Um and so the applicant um uh is has or is seeking to install a um a covered porch on the rear of the property. Again, this is another instance where the work has been done and we're trying to rectify the situation now with building permits and and the like. And so um if you look at what's being proposed, this is an um um site plan of what was proposed in terms of how large the deck is with the covered with the covering on top. Um you can see that it's proposed to be set 3 foot back from the current property line from the property that fronts on Mongolia or uh uh Monagelia Avenue. And

so because it's the the structure is covered um it gets treated like um uh the rest of the principal structure in terms of setback. So that's why they're requesting 17 ft of a variance uh for the uh the the uh covered deck. So, I should note that the property, I guess you can see it in this other picture here. Again, it fronts on Monagalia Avenue and it has a deck covered porch deck on the back side of it. The way this property is oriented, it's just the other way around. So, uh that will clue staff's report. Which building are we looking at? The one in the front or the back? The one on the right with the uh truck parked in the lower portion and the garage door. And and so the the new construction is in the where it's in the shadow. It's behind actually. It's behind. Yeah. So we have a picture of that. How come we don't have a picture? I do. I'm picture here on my phone if you want to see it, too. I would like to see it. Absolutely. Um well, before you can you just state your name and address before you approach with your Yes, sir. pick. Gregory Cummings. Uh 442 is my personal address. The occupant that filled for the address is 1197 Green Back Road Morgan Town. So you're not the owner. You're speaking on I do have a letter from the owner giving me full permission to talk on his behalf if necessary. That's fine. But all it simply was they just go to debt without a permit. Um to my understanding it was a pastor at a church that was trying to do something for a neighbor on a very convenient price but didn't understand the full subject of law. They're not from this country. They're from Guatemala. they weren't very aware. Now, the owner of the company does have a um permit from the state to to do jobs. However, somebody from the church was did it under his um name without him knowing about it. So, so someone worked under his um his um license name without telling him about it.

Oh my god. And when the job was done, he got a citation for it, which shut this job. Yes, sir. Oh, okay. which he got a citation for, which his second hearing is tomorrow. I've been trying to do I I'm his pastor currently trying to do everything I can to help him out. That's all it is. So, whatever the board decides, I'm fine with and he's already I've sailor. He knows that I've come in on a regular basis just to try to resolve this as best as possible. Right. But you all want to see the picture of the deck is already completed. Um I have that available for you all as well. Sure. And in your opinion, does the guy that did this work, does he do good work? Is this a is this a well done deck or is it a I would say yes it I would say yes very well done deck. Okay. All right. We'll take a look at it. Yeah. But this is the somebody completed already. [Music] That you tell how much closer it is for that. And I was requested by another word if I could provide additional information as to the distance from the neighbors and I was able to get that information. So they did say if it didn't exceed 3 ft that there would be an additional variance. It does exceed 3T 2 in. So it's just on the property line. It's just on the other side of the 3T mark. Well, because it's covered is the issue, right? Yes. So since we spoke and we did some more analysis there was because it's it's a cover structure and that wasn't known at the time when staff reviewed that it's treated as the principal structure. So the setback was actually greater. So that's why you're at that's why the request is 17 ft as opposed to a 3ft encroachment right and whatever like whatever the board decides we're we're fine with the neighborhood. Okay. We have a public motion. Okay.

Excellent. Thank thank you very much. So they're they just to confirm they're asking for 17 even though the the dimension of the deck is it's it's 10 foot they're they still need a 17 ft variance according to according to the site plan the the structure comes within 3 ft of their property line and the rear setback for this district is 20T. So that's why they're asking for 17 because it's covered. Yeah, because it's covered. Correct. Mhm. And even still, if it was uncovered, we would still need a variance. No, they only need 3 ft. Oh, okay. Got the wrong. Yeah, take the Right. Exactly. Just a little picture. Absolutely. Take a better look at it. Yeah. Yeah. I'm sorry. Oh, no. Okay, cool. And the I mean the neighbors have never sounded off. They're here. They are here. Oh, okay. All right. Here you go. Thank you, sir. Okay. So, and there's no before we open the There's no correspondence on this. just to touch on that submitted with regard to this case. No, not that I'm aware of. Again, I was out for I tried to check yesterday. Might have missed something, but at least uh that I've seen uh I've not gotten any calls since I've been back regarding it. All right. Thank you. Um we are going to go ahead and open the public hearing for this case. And let's just reference again. This is for V2-091

Perry Cummings, 842 Monagelia Avenue. Anyone wishing to speak in support of or in opposition to We'll do the support first, please approach, state your name. It's right now. Yeah. No, no, go. Support you said. Well, let's begin with in support of just because there may be I think he's in opposition. Can you That's Well, that's fine. All right. Can you just for the record state your name and your reference address? Uh my name is Joseph Ponor. My address 900 Monica, right? I am just to the right of this house and I have questions on this. Right. Because uh I think the board needs to start looking at uh how many times the owner has skipped getting a permit from the city. Mhm. Because this was done on a Saturday. We are code enforcement. I understand that. Okay. But that's the problem. We're not looking at the whole picture when we get variances for stuff that's already been done. Right. And the gentleman that did the work did a really good job. Yes. But they didn't clean up the trash. And that's part of the problems of not getting the correct paperwork done. Thank you. Thank you, sir. All right. If I may. Sorry. Sir, uh, yes. Why this young lady? We can't have Yeah, we we'll let's conclude the public. Yeah. And then we'll address rebuttal. You'll have an opportunity for rebuttal. All right. So, anyone else wishing to

speak in? We'll just leave it in support of or in opposition, too. My name is Jess. I live at 8:45 Moni Avenue, so directly across the street. Um, my issue with the whole situation is not only when they put the deck on, but they also put a new roof on that weekend as well. So, I don't know if that was brought to the attention or if they You mean the principal structure? Yes. Don't think you need a permit for that. Yeah. New roof. I would think so. So, there was two that were not I Yeah. Yeah. You need a permit for a new roof. Anything else? Oh, is is that all? Yeah, that's it. Cuz I walked by and looked and I had seen it posted and I knew, you know, no one really works on the weekends anyway, so I could call. So, Right. Right. So, this just happened. This got done already. Um, I want to say maybe two months ago. Okay. But the the the new roof on the principal structure was done concurrent with the at the same time as Right. All right. Thank you. Um, anyone else wishing to speak in support of or in opposition? Anyone else? All right, we're going to go ahead and close the public hearing and then we'll append your opportunity to rebot. Um yeah, go ahead and now is your opportunity to Okay. Um I know there were no permits ever submitted for the entire job. However, I have gone through the paperwork. There is a deck permit that was um paid for a roof permit also that was paid for. Um I do have all the paperwork here. But so is is the issue that the applied for permits they weren't

there was there was no they weren't um before the before the job was done the job was completed in order to rectify oh I see they just did this all in a weekend I thought it was a case of applying but not displaying they just threw this stuff up in weekend they never applied but they have been applied for and paid for in full I do have those documents here with me as well. And like I said, whatever the board size, I'm fine with. Well, here's here's my issue. Even assuming they did everything correctly, what why would would we give a a 17 ft variance for that porch to put it in their their neighbors? I was going to ask them how they feel about it being that close back pocket. Basically, there's no room for 17. There's no more room. I mean, clearly, you see the drawing that's on there. It's 6 ft from from the deck to the next house. There is no I mean there's no way we wouldn't let somebody bring up a porch that close. I also don't like I mean I'm not being feels like an eyes sore being that close to the house. I'm not sure if that's how you guys feel about it, but um it's pretty damn close. Darn close. Whether it's covered or not, it's it's right on there. It's right. If it was Do you guys like your neighbors? If it was uncovered, yeah, the the three-foot set back would be fine. Correct. It's the fact that it's covered. Can it be uncovered? I mean, the chainsaw should them. Yeah. Sky, cuz with covered they need 20. But even if they if they came here for like we if they came here for asking for 20, we'd be like, why? What? Yeah. Why do you need what do you need a covered porch for? And if so, like you're going to give your neighbors 3 ft, right? I mean, we would probably be disincclined to

grant that deck, especially especially if the neighbor had an issue with it. Neighbors. I had no idea the track is not picked up. I would personally got it. Well, that's where too is the neighbor who is directly behind them. Is that you? That's the neighbor that's direct. No, they're across. They're out of frame. is the neighbor that's closest to that porch next door. She's across the street. The neighbor that lives well right there. Um he passed away on the property just passed on to someone else. Um and I know he's active duty military so he's not here right now. So he doesn't So he can't he's not here to defend himself. Well, if he's deployed then he doesn't even have adequate notice of this thing probably. Oh yeah. Deployed. He hasn't even been aware of it yet. I think he'd probably be pretty upset to see that coming home and it's like right out his window. put extensive work into his house before he gets deployed. Yeah. Right. And again, you as a representative of the plaintiff or client of the plaintiff, but don't mask this. I can't equal standing. What do you mean? Well, I mean, can we tell them to tear it down? No. Well, that's not up to us, but we can just we can you can deny the variance. I deny the variance. Okay. Okay. Yeah. I have a Okay, I think we've got all the information we need. Can we look at the uh any objections? Does anyone want to take anything up with regard to the findings of fact? I mean, they're kind of spare findings of fact. Um, well, this is why we're having school after class today cuz we're going to Fina deny this. We need to make a finding a fact. Um, well, I would Okay, fine. I guess I we'll move to not accept the findings of fact. Simply vote for simple environment.

I mean, essentially what essentially what I would do is move to move to um not approve the variance um on what grounds? on the finding on the grounds that respect to the first well with with respect to the first finding of fact the variance will not adversely affect public health etc. Um, and find that we found the opposite based on the testimony of neighbors at the hearing, the degree of nonconformity and the the extent of the encroachment and didn't pick up the trash adjacent to somebody if somebody got cut that trash. And then and then also there's there's no evidence that there's any special condition or attribute of this property um that's preventing them from building this a covered porch in this in a different spot or in one that's not with different little bit smaller that can accommodate the the uh the setback. I mean, we have we have there's no evidence. I mean, we haven't been presented with any special condition, any reason why they had to put it there. All we've been presented with is that it's it was done. You know, it it the deck it represents a reasonable development of the property. What's not reasonable is there's no justification for placement or the dimensions. Correct. I mean I would just I would move to not approve the variance and under the r with the rationale that the the board finds in the negative for the four findings of fact we find that it would adversely affect neighbors. There is no special condition or attribute of the property that made the variance necessary. There's no unnecessary hardship presented by the by the property owner

and granting the the variance would not further the purposes of the zoning or ordinance. Is it gutters? They I didn't see. So that that water shed's going to come right off of the neighbor's property, right? That's another reason. It probably is a gutter structure on it. But it probably is. They might if they if they did if they did it without my cease to work given to them for for it because the the the deck roofing it's not sloped, right? It's just sloped. It's got it flow. It's got like a 15° probably small. It's just a general flow. Yeah, small. It's still enough for water flow. And I'm saying that, but that's going to go right onto the neighbor's property, which is not that that's bad to you can't get that. You could still you could Oh, no. But because it's going on the neighbor's property, that's another reason that it's causing neighbor ill stuff for neighbors. All right. So, we have a motion um to reject the findings of fact. Yes. with justification for doing so. And I second that motion not to accept to reject. Right. How do we vote? I we have to Well, wait. We have to vote in the affirmative, right? Because we're Yes, cuz we're rejecting. So, okay. How do we vote? I I to rejected the findings of fact and because we've rejected the findings of fact, we can't really make a motion to I mean granting the variance is it's a moot point. So we have not granted your parents request. Does that mean that need to be removed? We will follow someone else because I told him in the past I did I did inform them that there's a good chance you might have the deck because of how how close the property is. You could not perview the city. Correct. talk to the city and then if you need to come back to us because the city is open to working with you and your client, we can remedy something. Yeah.

Okay. We'll follow. Yes, absolutely. Thank you, sir. Better to call ahead. Well, trust me, now for week. Okay. In light of the fact that there's one more agenda item on the in the meeting packet. Do we need to technically make a motion to table it? No, it was was drawn. I didn't get to make by the applicant. So, we don't need a motion to Thank you everyone for coming down this evening. Thanks. What? So, okay. I wanted I came this evening because I wanted to hear whether we were accepting a letter from the last meeting. I never did receive any letter in the mail um that I'm supposed to read seven to 10 days after our last meeting of last month. Mrs. Wrick can right that's what the uh I received no correspondence. I came here to make sure the minutes were being accepted this evening. Also in reading through the lens that are posted online my son's letter which he had presented to you all before the meeting and had read to you she did not appear into any of your things online appeared in two places on page 50 and 90 and it well okay that well we all right so for our part the meeting minutes for that relevant meeting are not available for review from our point of view. Um, planning can speak to uh I mean all the correspondence and all of the documentation certainly submitted in the course of the meeting should be included as part because it's part of

the record. The running floor was actually submitted prior to it. Well, that too of the the two letters I had submitted, the the one for the photographs, the supplemental evidence had made it into the meeting, but my original three-page letter, my comment submission. Right. So, and I wanted I wanted to make sure since it went through of that case and it was being included on the record in case an appeal is filed that it actually makes it onto the next docket and in in the evidence. So, Miss, would you like to speak to that? Yeah to to answer to to go back to the that seven day seven 10day letter does not go would not go to you it goes to the applicant so they are the ones who would receive that letter there is no further correspondence publicly like into the paper or anything like that so that I was under the impression that everybody that received the initial letter that was within 200 of the variance relief would receive a letter saying that the motion was denied. No, the action letter is provided to the applicant. Okay. And that's uh within seven that seven to 10 business day window. I believe that is correct, right? Yep. Um so no no other further correspondence as as you did state it was denied and that's kind of the end of uh as far as like what we send out or any messages like that. Okay. So and and any appeal then would be to the magistrate court within 30 days. The court of M County. Yeah. Okay. And and then the the 2011 wait did receive that letter. So their 30-day calendar would then have started already. The letter was sent out. Okay, good enough. Thank without without receiving without receiving anything back. Just wasn't really sure of things for sure. I know that we had a meeting last fall through and getting comments into the minutes and and everything to

where it needed to be. New York's letter where I saw somebody else's letter had been posted twice and I think he presented his letter. Right. So, we want to make sure and yeah. So, his letter should be in there probably around either page 90 or 50 because there's a letter from somebody I said. Okay. So, I I guess I would ask Oh, go ahead. who they need to contact who to get them that information or uh we'd be for which specific part? If if they're appealing it or No, I I believe they just want to make they want to make sure that the information's in there. Yeah. Oh, on Yeah. Uh letter should be in Have you Is this email then? Then they have received it and it'll the minutes have not been finished yet. Correct. That's why they're not in here. And that's why your copy or anything you see online isn't the meeting minutes cuz they're not they're not available. Uh what you're referencing, I believe, is the staff report of the previous meeting, not the meeting minutes, which hasn't been, as they said, voted on today cuz they're not available cuz they're not done yet for for that. So, uh it was the staff report that you're referencing. the meeting minutes have not been uh you know approved or denied or anything um like that which they will do with that when that's available to them. Um but come back to the Sure. Yeah. to check and see or well can they request when the meeting minutes become available? I was going to say if you would like to just call in you don't have to show up and just say hey did those minutes get done we would be able to communicate that posted online when they're approved. Yeah, the Venice are posted online when they're approved, so they'll they'll be available to see, but you're more than welcome. That's why I was Yeah, you're more than welcome to call

and and al also check before the next meeting um to see uh it's at least for his mind. I'd say call both of us. I was out for unplanned reasons. So, you know, if you've been calling me, I'm not going to answer. Um but I say bug us we'll answer your answer calls about it, but they'll be available when they're available on that. Um and that'll be but if you're not seeing them or if it's not yet that's why there's not yet. Thank you very much. Uh before we um do we have announcements? Uh other than we we do have um there are some variances and and stuff available for the next meeting. So we'll still be be having our next planned meeting. Um um I don't believe anything else special to announce. Nothing else, sir. Thank you. I move we adjourn. All right. We have a motion to adjourn, seconded by me. How do we vote? I I We are hereby adjourned.