Board of Zoning Appeals - Regular Meeting

Good evening and welcome to the regular meeting of the city of Morgantown Board of Zoning Appeals. Um, please turn off all cell phones or other devices that may disrupt these proceedings. It is the duty of this board to consider requests for relief from the requirements of the city's zoning regulations, to consider conditional use permit requests, and to hear administrative appeals. Uh the board conducts business in the following order. We will review, amend, and approve minutes of a previous meeting. We'll move to unfinished business, take up new business, and then conclude with announcements from staff. Each request is heard in the order that appears on the agenda for each conditional use and variance request. The following is done. We will introduce the agenda item and the planning division will present a staff report which the applicant agent will be asked to present their justification for their request which may include questions by members of the board. We will then open a public hearing to hear testimony in support of or in opposition to the request. Rules regarding public testimony are as follows. Anyone wishing to testify during the public hearing may do so once recognized by the chair or may in lie of oral testimony submit written testimony to the chair. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. All comments must be addressed to the board. Should be relevant to the application and may not be of a personal nature or personal attacks. All speakers will be limited to 5 minutes. If members of the board have any questions of the speaker, that time will not be counted toward the total of 5 minutes. If there's a large number of speakers, including many who are part of groups or organizations, we may to avoid repetitive comments, elect to ask for

representative speak on behalf of the group or organization. Speakers are notified that relevant comments or comments of a personal nature, personal attacks may result in the speaker forfeiting his her opportunity to participate in the public hearing. We may elect to recognize the applicant agent at the end of the public hearing to provide rebuttal or additional 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, we will declare the public hearing closed and no further public comment will be permitted. Uncivil, unruly, and or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting. State law requires the board to consider findings of fact for each conditional use and variance request or other case. The request cannot be granted unless a majority of quorum present finds in the positive of all of the findings. In fact, the board may elect to continue the hearing to another date if it needs additional information. Applicants and requesting parties will be notified in writing by the planning division of the board's findings and conclusions. Regardless of whether a request is approved or denied, decisions of the board can be appealed to the circuit court of Montagalia County within 30 days upon receipt of the written notification. Any [clears throat] work done relating to decisions rendered by this 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 orient order. Uh Miss Cook here. Mr. Miss Bell here. Mr. Bennison is present. We do have a

quorum so we can conduct the meeting. Um we have meeting minutes from previous regular meetings to consider. Um any amendations, comments, remarks? Um did you Yeah, you wanted to propose a change for September. So, we're going to propose a change to the text for the September regular meeting which is referenced on page seven of the meeting packet. It concerns the um the motion to adjourn. Um so this is under other business for the good of the commission. Cook moved to adjourn, seconded by Cook. Um I guess point of order. We're going to just change the first the initial motion to adjourn from Cook to Ben to me if that's all right with with you. Okay. We're going to just make that small change. So it'll now read Cook Bennison move to adjourn seconded by Cook. Perfect. Under adjournment for September. Okay. Um any other anything else? No. Uh, I move that we um accept the um all meeting minutes under consideration as included in the meeting packet for this evening with the amendment with the amendment on page seven of tonight's meeting packet. Do we have a second? Second. Okay. And uh do how do we vote? Okay. All right. Um those meeting minutes as referenced in tonight's meeting packet are duly accepted. Uh so we are going to move to old business now. Um this is referenced as CO25- Oh, before we get underway, should I just mention up front? Do we need a

motion to Oh, um so regarding uh tabled cases, uh you wouldn't necessarily have to uh mention it as it's still tabled on here. Um for con299, you don't have to retable it. Um I maybe just acknowledge that it's still tabled until they meet their conditions. Okay. So we just want to for the first case that co2-099 Ray Burns 216 7th Street that case is tabled until the applicant meets conditions as laid down in a previous meeting. Okay. Um, so we'll revisit that case. Under new business, we have CO2-109 Brendan Denzo, uh, 52 Campus Drive. Um, I'll just read the description. Request by Brandon Denzo for conditional use and compliance with section 1331.05 05 of the city's planning and zoning code regarding a neighborhood convenience store use city test district 12 in the third ward tax map 20 parcel 80 in the R3 multifamily residential district. Now this case also uh yes the applicant has requested that this uh conditional use be tabled until the regularly scheduled January meeting. So I move that we table until the regularly scheduled January meeting. Right. And I will second that motion [clears throat] to table co 25- um 109 in accordance with the applicant's wishes. How do we vote? I I All right. So that particular [clears throat] case will be tabled until our next regular meeting in

January. All right. So, the next case under new business is CO25-114. Cassie Adams, 356 Kingwood Street, request by Cassie Adams for conditional use in compliance with section 1331.05 05 of the city's planning and zoning code regarding a neighborhood convenience store use city tax district 10 second ward tax map 36 parcel 170 in the R1A single family residential district and this is actually withdrawn as of [sighs and gasps] uh December 10th 2025. All right. So the third case under new business then is V2-11 Zakaria Issa 376 high street request by Zakaria ISA for variance relief from section 1369.08 08 of the city's planning and zoning code [clears throat] regarding lighting and design standards. City tax district 11, second ward, tax map 26A, parcel 111 in the B4 general district business district. Uh before getting into the staff report for V2 111, wanted to introduce the new city planner real quick. This is Seth Carwell. Uh we'll be taking the position of the city planner. Um, we'll be working more um with the planning commission and stuff like that, but uh there will be some crossover and uh on some stuff regarding signage and things like that uh that we might get involved with the BCA and kind of getting input on that. He'll be involved in that as well. So, I just wanted introduction out of the way. Uh welcome to the city. Um [clears throat] otherwise for B 251

on the screen there's the standard showing of the aerial of the site uh to get a better view on it. And then on the next one as well as in the packet it will show the uh designs for the sign. It'll show the dimensions length width um where it will be located. um on the building. The applicant is seeking variance regarding internal illumination standards for signs in the B4 district. The sign size and dimensions are permitted other than illumination [clears throat] as previously mentioned. Refer to the sections of code below as well as the submitted designs which can be found in the packet. In summary, the applicant wishes to give variance regarding illumination uh illuminating a sign at the property address at 376 High Street. Please see the attached application to review the finding the fact listed as staff have had no comments or modifications. Uh this attachment can be found below the conditions. A planning staff have no objections to the applicant's request for this variance relief. If the board of zoning appeals grants the applicant variance relief in accordance with the city's planning and zoning code, you shall be subject to the following condition being our standard condition. U if any other modifications or changes to the site uh would require um uh any other changes to the site uh will need to be compliant with the city's planning and zoning code or that shall seek variance relief from the board of zoning appeals or adjusted to be compliant and then that'll conclude staff report. Thank you very much. Do we have a representative for this case? They said that they would be attending in person, but I I do not believe I see them here. So, and nothing not remotely. Uh no, in in person physical attendance uh was communicated earlier today. So, well, well, go ahead. Well, I was going to say, can we uh

move that one to the end and can or or is that uh Yeah, if if you wish to wait till the end of the meeting. just in case. I mean, the weather's not I mean, it's not It has warmed up, but Mhm. I don't know if that's a factor or not. I I don't see a reason why the board couldn't just wait to review it at the end after the other case. Okay. Just I just reference that that's what the board will be doing and then return to it after the uh the next case. Okay. All right. So, we're going to change the order. Change the order. So we are moving on to uh the original agenda item D request for reasonable accommodation for Morgantown Sober Living Inc. regarding 2011 Weightman Street, city tax district 9 in the first ward tax map 37 parcel 256 in the R1A single family residential district for reason the reasonable accommodation um on the screen there would just be an aerial showing the site getting familiar with the boundaries of it the size of the lot um the structure already present on it the applicant is seeking a reasonable accommodation regarding parking the R1A single family residential district. Uh staff recommendation can be found below with conditions. Refer to the sections of code below as well as the submitted signs. Uh in summary, the applicant wishes to get approval for a reasonable accommodation regarding parking standards at the property addressed at 2011 Street. Under the federal fair housing act, the city must provide reasonable accommodations and rules, policies and practices when necessary to afford equal opportunity to people with handicap as defined by FHA and ADA to you use and enjoy a dwelling. The request accommodation uh must be granted if it is one reasonable, two necessary and three directly linked to enabling equal housing opportunity. However, uh an accommodation is not required if it

would either impose due financial or administrative burdens or fundamentally alter the nature of the zoning regulation. The I will read some of the bulleted points 1 through 20 uh from there just to give some points otherwise the rest of it can be found in the packet. Uh a request is reasonable if it does not impose an undue financial and administrative burden or require a fundamental alteration to the nature of the program. A request fundamentally alters a zoning program only if it is essential to the zoning district or regulation. If a city routinely weighs the rules upon request, it will generally not be essential to the zoning regulation. The board finds that this request would not permit an incompatible use because the proposed group recovery home is a permitted use in all zoning districts. The board finds that the applicant establishes that the accommodation will not fundamentally alter parking in the district because the applicant reports that most residents do not have private transportation because existing uh laws allow three non uh on street parking passes for the dwelling and because other dwellings within this district have not been required to construct off- streetet parking required by the zoning code showing that this off- streetet parking requirement is routinely waved. The board finds that the accommodation is necessary because the applicant shows that the construction of off- streetet parking spaces is not physically possible at the property with the existing dwelling in place. Without the accommodation, the zoning regulation would prohibit use of the property for housing of any type. Based on these findings, the board concludes that the requested accommodation to wave off streetet parking requirements is both reasonable, necessary, and directly linked to enabling equal housing opportunity. And then that will conclude uh staff report. Mhm. Thank you. Do you have any questions about any of those points? No. All right. Do we have a representative for this case? Actually, I do have a question for Sailor. What What is the zone? The rest of the zoning in that district. Uh, it's mostly the same R1, I believe.

R1A is the Yep. Yeah, mostly that. I think there's a couple little splotches of uh like B I believe believe B1 or B2, but it's majority just residential R1 or R1A. And well, for off streetet parking, what what's the requirement? Uh for off- streetet parking, it is three. Three. Mhm. Three meaning three off street. Two regular and one guest. Uh oh. If you're if you're talking about on street parking, it is two regular one guest. Uh for on street I thought the the question was off streetet. Well yeah I was asking that. So okay it would be three off street spaces are required. Yep. Okay. Go ahead. That was the only question I had. Sorry. Hi. Thank you. I'm Dan McCauley, director of operations [clears throat] MSL Incorporated, uh 206 Spruce Street here in Morgantown. Uh yeah, just like you said, we're looking just for a reasonable accommodation so that we can use this for a a recovery residence. And I think we have done our due diligence this time in looking into the actual requirements for utilizing Fair Housing Act and American with Disabilities Act, right? Uh to support our claim. Uh really there'll be one car there uh all the time in you know as far as people that live there that'll have access to a car. There will be you know the occasional drop in by me or another employee or something during the daytime during business hours uh to just you know check in and make sure that they've got the support that they want. But just like any of our other recovery residences in town and you know abroad, we uh don't have any on-site parking for the participants themselves. And 99% of the time they don't have a vehicle. And when they do, they find a spot downtown. We

[clears throat] got a pretty good relationship with a couple of the lots where they can rent uh regular spaces to leave their cars, right? So we do the same thing here. You know, we don't want to create any undue burden on the neighbors or the neighborhood. So the V in your you're envisioning in terms of the parking Mhm. and the the vehicular activity associated with this property. It's more in support of op the operations of the the facility rather than vehicles for participants. Correct. Correct. You know, we'd have them our maintenance guy that needs to come by sometimes, just probably about as often as you would at any other residential home. Um, slash our our coaches that's like to stop in and make sure that everything's going well, right? You have any questions? And how many residents are there? Like eight total. Were you saying that? So there's like a house I don't know manager or Yeah, he's a participant but he does some extra duties around the place to make sure that and he doesn't have to pay the program fees because of it. So he does the drug screens, make sure that everybody's in by curfew. Okay. So a senior resident and that's who the normal daily car would would be. Okay. And they are are they available to the other residents for rides that sort of thing? Yeah, I mean you could be very often like we try to make sure that we're within walking distance of job opportunities or 12step meetings and on a bus line and that meets right all these requirements. Bus line, right? Yeah. Yeah. Online goes right through there. Any other questions? Okay.

Where's that line? We may have other questions for you at this time. Yeah. Thank you very much. Thank you. Appreciate it. Okay. Um, do we want to Okay, we'll just open We're going to go ahead and open the public hearing for this um case. It's actually more of a request for reasonable accommodation. Um, but this is again for Morgantown Sober Living at 2011 Weightman Street. We are now opening a public hearing. Anyone wishing to speak in support and opposition to this case, please do so now. I'm surprised. Um, seeing no one, we're going to close the public hearing. Is there any correspondence? Nope. I've not received any uh correspondence. There was earlier on, but to the reasonable accommodation, I've not received uh any phone calls or emails that I've seen. Mhm. Um well, do you have anything you want to I would just like to reference um point4 on it's not really on page it's not really page made well toward the end of the meeting packet. A request is reasonable if it does not impose an undue financial or an administrative burden, certainly not on the city, or require a fundamental alteration in the nature of the program. In terms of the parking, it's I I mean, it's still given given the density of the neighborhood. Again, it it does potent

present potential issues with regard to it does. On the other hand, um what's being requested in terms of the accommodation does that does not rise to the level of demanding a fundamental alteration in the nature of the of zoning. It it it doesn't. It's kind of and it's not as if what's being propo um you know the the adjacent properties there are similar characteristics with regard to right so this the usual usable space as it relates to providing park parking for the requirements are the same. So this is probably this must be a routine request for this area. Uh because nobody has off street parking. Yeah. Reference on I believe it was number D. But is that true? That's 12. Uh yeah, if you look at uh houses in that area, there are a couple that do have driveways, but if they some of them obviously don't, but ones that do are either already limited or like can only fit one vehicle, which wouldn't be uh permitted anyway, but no one's been forced to build off street parking in South Park probably. Yeah, I've at least since my time here, I can't think of any because it's not feasible to do so given the lot configuration. I mean, I think there there certainly is cuz there's going to be more people living there than a typical single family home, but they're going to have three passes. So, is there a risk that there's going to be more cars on the street? Yeah. But if they don't have a pass, they'll get ticketed. So, there's there's already a process for that. That's true. Um, but in any case, it does impact a

protected protected group. And so there's, you know, heightened scrutiny and the fact that this is something that it really is routinely granted for this area. Mhm. I mean, I'm inclined to just grant to grant it. Mhm. Grant the variance. Have you had to um No, it's a reasonable accommodation, not a variance explicitly. Uh this will not be a variance. Um this is just a reasonable accommodation. So approved or denying a reasonable accommodation. Uh the uh Yeah. Yep. Just to say that for the record to clarify. Yep. Have you modeled how is that recorded? Uh it'll just so it'll be voted on just as accepting or denying the reasonable accommodation. Uh and then an action letter will be produced and sent out um based on the 20 stages on it. Okay. Yep. Uh thank you Ricky. On point 20, staff is directed to record this accommodation with the city records of the property and is consider the accommodation reviewing applications for permits or other enforcement of laws. So that will be how it is uh recorded after this is either approved or denied. So I guess if you make if you make a request this way rather than applying for a variance. So then did you can you avoid all the other requirements for requesting a variance like in informing the people at in the neighborhood of the surrounding area getting notice of the hearing so forth? Not entirely. Yeah. Legally is this like an appeal of the the initial decision? I don't think so. No, this is a separate application. Yes, I believe it is. Yeah, it is a separate uh process.

Okay. And there's no comments from staff or our kind of standard recommendation was that kind of one through 20. Um, okay. Whose findings were these their findings or is this something? This was uh in like kind of com combination based on their Yeah. Who prepared that? The and you can correct me if I'm wrong. There was a reasonable accommodation request sent into us and then we uh worked to put together combining that into the reasonable uh accommodation kind of report which was that document. So that original that separate PDF that that was by staff. Yes, that was the that was by staff. Yeah. Yep. The one that was uh that 14pageish document. Mhm. So then do we still need if this isn't a variance do we still need to make findings a fact where is uh to the best of my knowledge it's just uh approved or denied on uh finding that it's reasonable necessary and link to enabling equal housing opportunity. Okay. Well I guess I would move to uh approve the request for reasonable accommodation or accommodation. I'll second based on the points in the packet. Would based on the points in the packet? Yep. All right. So, we have a motion. Any other discussion? No. All right. So, we have a motion by Mr. Misfell to grant the requested accommodation for uh Mountaineers Sober Living at 2011 Weightman Street. We have a second by Miss Cook. Um, and this is not subject to making a motion with regarding with regard to findings of fact. Accepting or denying.

We are accepting or denying. So an I vote is to accept or grant the accommodation. Nay is to deny the accommodation. How do we vote? I I I So um this can can this still can be appealed? I don't know if that can we speak to that legal counsel properly when the notice goes out. Okay. Well, you'll receive written notification um from planning 7 to 10 business days um confirming the granting of your requested accommodation. Um should we caution any financial work done during a 30-day period? No. You'll receive written notification for planning. We'll just leave it at that. Thank you very much and good luck with your endeavor. All right. So, we are now moving to um Thank you very much. Um we're going to move to uh a new business agenda item. This is V25-11 Zakaria Issa 376 High Street. request by Zakaria Issa for variance relief from section 1369 um 008 of the city's planning and zoning code regarding lighting and design standards city tax district 11 second ward tax map 26A parcel 111 in the B4 general business district for this um variance request here's a aerial showing where the site is located as previously mentioned um before this

was moved kind of showing where it's located on High Street. The second slide as well as found in the packet is a visual uh showing the design, the length, the size, kind of where it's going to be located and material for uh the sign and reference. The applicant is seeking a variance regarding internal illumination standards for signs and a B4 district. Sign size and dimensions are permitted. The only uh issue is their internal illumination. Um refer to sections of code below in the packet. In summary, the applicant wishes to get a variance regarding illuminating a sign at the property address 376 High Street. Uh see the attached application to review funding of fact listed. Staff have had no comments or modifications. The attachment can be found below said conditions. Uh planning staff also have no objections to the request for variance relief. And if the board of zone appeals grants the variance, uh the one standard condition uh will apply to where if any changes are to be made that will make it non-compliant, they'll have to either make it compliant or seek variance relief from the board of zoning appeals. And then that'll conclude staff report. Thank you very much. Do we have a representative for this case? B A25-11. Good evening, guys. Good evening. Would you draw a short stick? [laughter] Your turn. Okay. So, would you please just state your name and address? Aa address and you are in um either the business address or your home address. Uh uh 7 79 Barington Court in Bridgeport. All right. Um okay. So I'm not aware of the issue with the the signage itself. Um so is it not in compliance of what city code is that? So it's the lighting the lighting the illumination standard.

Okay. Mhm. Um otherwise the size and other parameters are all compliant. So it's just the illumination. Yeah. But uh internal illumination just isn't permitted downtown by right. Okay. Yep. Um so since the since this is a franchise, we we had to go in with them as they asked us to do so. Mhm. Um, we could I could talk to the actual um franchise and see if we could do something about that. Um, if you could give us enough time to do that, that would be Well, I mean, that's just this is a neon. I mean, it's guessations is is not a big deal. The LED kind of illumination lighting board. And don't we have several other that are lighted this way downtown, right? Internal. No, that Yeah, that would be a part of very syogic of of maybe and actually this this for the facade it's kind of a on the small side. Yeah. In terms of dimensionally, usually they're they want to expand it and this one this one you said fits everything except the illumination. So, correct. Right. It's Is it on a timer or is it on 24 hours? Um, is it on timer? 24 hours if it works. So, yeah. So, it is on timer. Is it on timer? Yeah. So, then close a business and then an hour later the illumination is off. Say it's not 24 hours. No, we we we could do it either way. Oh, so you could All right. Yeah. Yeah. I mean, how many streets are internally internally illuminated on High Street? Do you know how many signs? Yeah. Uh, there's at least like four or three I can think of. But

yeah, uh, right down the road, Roots Natural Kitchen was approved for uh, internal illumination variance the bank within time. Yeah. And the side streets too. It's not just high, right? Yeah. Oh, it would be the whole downtown. Yeah. Not not just being on the the street. Uh would would uh change if it would be permitted or not. Um but yep. Have we put has there been has the board put a condition on timers or time in the past? Not to my knowledge. It could be a condition added if that if you guys would want to, but otherwise not to my knowledge. I think when we we when we ask about the nature of the illumination, we're trying to get at is this going to be are we talking well nighttime out 24/7 nighttime hours or because people do live on ice, you know, they have windows. I don't necessarily want to see a sign at 3:00 a.m. True. So, yeah, we could we could have it shut off as we close an hour after close. Yeah. That so that way it doesn't Yeah, cuz in terms of um identifying your location as the taco spot, it's not as if it's in complete darkness. Yeah, it's still visible. Very illuminated down there. Straight away. Yeah. So, yeah, that's not a Would So, you'd be open to that? Yeah. You know, just an hour after close, it times itself off. Yes, we are. And you're I mean your request it's not you're not making an unusual request. You're not. All right. Um any other questions? No. Okay. Um we may have other questions for you, but we're going to we're all set. Thank you for your presentation. We're going to go ahead and open public hearing for this case B25-11.

Anyone wishing to speak in support of or in opposition to this case, please do so now. Seeing no one, we're going to close the public hearing. Um, anything further to add, Mr. Thompson? Any no correspondence on this? No. Uh, I had a phone call, but they were fine. They didn't have any written correspondence, and they were just confused. So, no, no correspondence for or against. All right. So I'm going to move we accept the findings of fact as stated in the packet. Mhm. Second. Yep. So we have a motion to accept the findings of fact for V25-11 with a sec motion by Miss Cook, seconded by Mr. Felt. Um they're they're very straightforward. So how do we vote? I I So we've accepted the findings of fact in the affirmative for V25-11. I'm back. Yeah. Uh I'll move to grant the requested variance with regard to the lighting for this case V25. Um oh there is one um condition. It's the standard Yeah. Um planning condition. Um, so we have a motion to grant the variance. I'll second. And we have a second by Mrs. Cook. How do we vote? How about do we want to put the timing condition? Well, no. No. All right. Yeah. But I don't think I don't think we need that's necessary. No, but I mean I don't I don't think it would be a bad policy cuz people do live on the street, right? I don't think it would be a bad. Okay. So, I'm going to we'll amend that motion. I move to grant the requested variance for V2-1

11 subject to the standard condition um which is referenced in the meeting packet. In addition, um we're going to ask that the applicant put the illuminated signage on a timer set to time out the illumination an hour after the business closes. There may be I don't know what your operating hours are, but we're just we'll just go with an out your signage illumination will time out. It'll be set to time out 1 hour after close. Do we have a second for that amended motion? Okay. So, we have a motion um to grant the variance for V25-11 subject to the two conditions seconded by Miss Cook. How do we vote? I I So, we've granted your variance um with the conditions that we just specified. Um, you will receive written notification from planning in 7 to 10 business days. But please keep in mind the the termination that we just rendered can be appealed to the circuit court of Montagelia County. And any work that you do in that 30-day appeals window, you do your soul financial risk. But thank you for coming down this evening and good luck. It's a good It's a good looking sign. Well done. Thank you. All right. So, um, uh, otherwise that's it. Good. All right. Merry Christmas. Well, we can say it back. Merry Christmas. Um, all right. So, I move to with no further announcements. I make a motion to uh adjurnn. I'll second. And we have a motion to adjurnn, seconded by Miss Cook. How do we vote? I We are so adjourned.