2026-10-05 - Board of Zoning Appeals

19:47Then approved minutes of a previous meeting.

19:50We will then move to unfinished business, take up new business and conclude with announcements from staff.

19:58Each request is heard in the order that appears on the agenda for each conditional use and variance request.

20:04The following is done.

20:05We will introduce the agenda item and the planning division will present a staff report which may or may not offer a recommendation.

20:15The applicant agent will be asked to present their justification for their request which may include questions by members of the board.

20:22We will then open a public hearing to hear testimony in support of or in opposition to the request.

20:31Rules regarding public testimony are as follows.

20:35Anyone wishing to testify during the public hearing may do so.

20:38Once recognized by the chair or may in lieu of oral testimony submit written testimony to the chair.

20:45All recognized speakers must approach the podium, state their name and address for the record and speak clearly into the microphone.

20:54All comments must be addressed to the board, should be relevant to the application and may not be of a personal nature or personal attacks.

21:02All speakers will be limited to five minutes.

21:06If members of the board have any questions at the speaker, that time will not be counted toward his/her five minutes.

21:13If there's a large number of speakers, including many who are part of groups or organizations,

21:18I may to avoid repetitive comments or like to ask for representatives to speak on behalf of the group or organization.

21:27Speakers are notified that irrelevant comments or comments of the personal nature of personal attacks may result in the speaker forfeiting his/her opportunity to participate in the public hearing.

21:38I 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 five minutes.

21:47If members of the board have any questions of the applicant agent, that time will not be counted toward that additional five minutes.

21:54After all testimony is heard, I will declare the public hearing closed and no further public comment will be permitted.

22:02Uncivil, unruly and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting.

22:12State law requires the board to consider findings of fact for each conditional use and variance request.

22:17The request cannot be granted unless the majority of the quorum present finds in the positive of all the findings of fact.

22:26The board may elect to continue the hearing to another date if it needs additional information.

22:33Applicants and requesting parties will be notified in writing by the planning division of the board's findings and conclusions.

22:40Regardless of whether a request is approved or denied, decisions of the board can be appealed to the circuit court of Montaguia County within 30 days upon receipt

22:50of the written notification from planning.

22:53Any work done relating to decisions rendered by this board during this appeals window, is it the sole financial risk of the applicant?

23:05Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants.

23:10So we're going to call to order.

23:14Ms. Cook.

23:15>> Here.

23:16>> Mr. Martin.

23:17>> Here.

23:18>> Mr. Benson is also present.

23:21We do have a quorum so we can continue.

23:25We are considering meeting minutes from our previous meeting, which is the specific date.

23:38This is for the regular meeting, August 19, 2026, at 6.30 p.m.

23:45Any?

23:46>> No changes.

23:47>> No changes?

23:48Do you have any questions?

23:49Okay.

23:50We have a motion to accept the meeting minutes from the regular Board of Zoning Appeals meeting, August 19, 6.30 p.m.

23:59>> I second.

24:00>> Do we have a motion to accept meeting minutes from that previous meeting?

24:04We have a second from Ms. Cook.

24:06How do we vote?

24:07>> Aye. >> Aye.

24:08The meeting minutes have been duly accepted into the official legal record.

24:16We're moving to the first case.

24:19This case is, it's a conditional use, referenced as CON26-077, Jose Solas Garcia.

24:31350 High Street, request by Jose Solas Garcia for conditional use and compliance with Section 1331.05 of the City's Planning and Zoning Code,

24:42regarding a restaurant, private, club use, City Tax District 11,

24:48second ward, tax map 26A, parcel 109, and the B4 General Business District.

24:574, conditional use, 26077, in the packet as well as on the screen is just a view, a map view of where that is located, downtown as well as that buffer.

25:10Additionally, again, in the packet as well as on the screen is a provided site plan for this space as noted there and I will discuss a little bit more later.

25:22They are at a minimum 50 seat requirements based on what has been submitted.

25:30So the applicant is seeking to open a restaurant, private, club, the above reference dress.

25:36So at the time of writing the report, no menu or hours of operation have been provided.

25:42Update to that, a menu has been provided.

25:45It is a full service kitchen menu.

25:47So just to have that into the record and as an update for that as well.

25:54Site plan has been submitted, as shown on the screen as well as in the packet.

25:59Refer to the sections of code below as well as allowed of the proposed establishment code can be found in the packet.

26:06Based upon submitted information, as I stated, 50 serviceable seats will be provided at this establishment.

26:11This will be verified during final inspections if this conditional use is granted as is with all other restaurant, private, club conditional uses.

26:21In summary, the applicant is wishing to get a conditional use approval for a restaurant, private, club located at 350 High Street.

26:30With that, please see the attached application to review the findings of fact listed as staff have had no comments or modifications to these.

26:38This attachment can be found below the conditions as well as staff have no objections to the applicant's request for conditional use, as long as they're able to fulfill the regulations and requirements needed.

26:49If the Board of Zoning Appeals does grant the conditional use in accordance with the city's planning and zoning code, you shall be subject to the conditions of they have to be able to provide those regulation requirements, food service, hours of operations, et cetera, which at least they already kind of have with the menu.

27:06Additionally, the standard condition we have on almost all of our conditional uses or variances that if any other modifications or changes are to occur, they have to be compliant with the city's zoning code or seek additional variance relief or make it compliant.

27:19And then that will conclude staff report.

27:22Thank you very much.

27:24Do we have a representative for this first case?

27:28And again, this is a CON 26-077.

27:40Yes, representing the restaurant and representing the property.

27:43Right. So since you're the -- technically, you're the applicant, can you state your name?

27:51Yes, my name is Enriquez Saldana.

27:54I'm representative from 1942 Tacos and Tequila.

27:59And can you state a reference address for this case?

28:02Either the business address or --

28:07Like 350 high street.

28:10That's fine.

28:11Just -- we have to state name and address.

28:14So would you like to take this opportunity to speak regarding your -- what you're posing?

28:21I need to say something about the further something.

28:24No, just what you're endeavoring to do.

28:27Tell them about the restaurant.

28:29We're thinking about the Mexican restaurant, like bar -- like food bar and nightclub on Friday and Saturday only.

28:45So the bar operations will be restricted to Saturday and Sunday evenings?

28:51Is that right? Or for Friday?

28:53Yep.

28:55Well, it's -- this is -- so it's essentially -- this is a Los Mariachis family restaurant to kind of put it in context that we're all familiar with locally.

29:08Enriquez works at Mariachi Loco, which is another, you know, in that kind of regional chain.

29:14So it's going to function essentially just like any -- just like Mariachi Loco or Los Mariachis restaurant like that.

29:23When -- I think what Enriquez is alluding to is on Friday or Saturday, they're planning on maybe having, you know, a band or something like that playing, that kind of thing.

29:35So the hours of operation would be consistent.

29:38So findings of fact state it's 10 a.m. to 11 p.m.

29:40Is that consistent for the entire week?

29:42Yep.

29:43Okay. Thank you.

29:44And that's in line with hours of operation for your other location locations.

29:52And you've operated that other location in excess of -- I mean, we know that you have, but just to state for the record that other Los Mariachis operation has been in -- okay, for more than a year.

30:07Because that's kind of a requirement in terms of you applying for the liquor.

30:12But yes, that's correct.

30:13Los Mariachis has been -- and Mariachi Loco, a number of their restaurants, I think Solas, the applicant, has 85 restaurants.

30:24Wow, that's -- I mean, just to state for the record, those other locations do operate with a liquor as private restaurant, club, correct?

30:36Yep, correct.

30:37Okay. Thank you.

30:40So does that satisfy you with regard to hours?

30:43Yep.

30:44Do you want to speak to what the makeup of the menu, just to state that for the record?

30:51Just like a general overview?

30:54Like traditional Mexican fare, you know, talking --

31:03More authentic, like tacos, more authentic Mexican food.

31:06Right.

31:07Yep.

31:08Okay.

31:09All right.

31:10And you are going to be able to satisfy the 50-seat minimum requirement.

31:16Any other questions?

31:20All good?

31:22We may have other questions for you, but we're good for now.

31:25Thank you very much.

31:25Thank you, thank you.

31:32We're going to go ahead and open the public hearing for this case.

31:37So anyone wishing to speak in support of or in opposition to this case?

31:43TON 26-077 now is your opportunity to do so?

31:50No one?

31:53Yes, please.

31:54That's just a point of information.

31:56Well, as part of the public hearing, just please approach the podium, state your name and address for the record.

32:05Omarion Hajiran from 562 Aspen Street.

32:08This is just for the point of information.

32:10I'm not a favor or a guess.

32:12Does Morgantown has a limitation for parking place for these establishments or is it automatic?

32:19Some kind of a that you have to have so many parking places or just a public parking?

32:23That's a good question.

32:24Yeah, I can answer that.

32:25Downtown, when you're in the B4 district, there is an allotment for parking spaces.

32:31If this was in another location, they would most likely have to provide spaces.

32:35But because it's located downtown, they're kind of allowed to use shared parking facilities and the street parking.

32:43But that usually just only applies to kind of the downtown B4 district.

32:47But in this instance, it's covered, but in other instances, it might not be, depending on where it's located.

32:53So can you speak to, in terms of granting the conditions, thank you very much for your question and your point of information.

33:03Can you, Sailor, can you just speak specifically to, in terms of granting the conditional use, parking, it's not conditional on meeting parking requirements.

33:15Right. So if conditional use is granted and then for whatever reason, because there is like a cap on like how much parking is kind of allotted for.

33:26If it was approved and then in the scenario, like they bought all of the buildings on that street and made it a giant mega restaurant or something,

33:34they would probably have to provide parking for that.

33:36But for these individual kind of units, they get an allotment for it.

33:43So granting the conditional use wouldn't allow them to in some way dramatically expand to not cause like a parking burden or something if that were to happen.

33:56So in other words, if the applicant, well, not if the applicant is indicating that he is, they are able to meet the 50 seat non-bar requirement, that does not trigger requirements with regard to.

34:16Yeah, there'll be no extra like parking requirements because they're able to to hit what they need to write.

34:22Yeah, if they were to go like dramatically beyond it, maybe, but at least based on on review of what they've supplied, they're still good for that.

34:30Based on presented information there, they're good with the seats that they have currently.

34:36Now, I think the meeting packet does reference.

34:40There is the option of and this is kind of a discrepancy in my mind.

34:46The packet seems to indicate that state of West Virginia defines there's a fairly strict definition of with regard to food offerings.

35:00But the packet also indicates that there's the option of drink service without the requirement of a food service order.

35:12So is that with regard to granting the conditional use is is there is that problematic at all?

35:21No, the for servicing like liquor and alcohol, there's usually a food component.

35:29And that's kind of the main at least in this instance of of requiring seating, a food component, full kitchen, stuff like that.

35:35Most of that is like a state requirement.

35:37We kind of mirror it.

35:39But yeah, conditional use is granted by by the Board of Zoning Appeals today.

35:43And they still have to get approval by the ABCA and other, you know, like some state level stuff for liquor service, food service.

35:52As a part of those requirements.

35:54So even if the conditional use is approved, if the applicant isn't able to satisfy like state requirements, then they wouldn't be able to get their liquor license and open for other reasons other than city administrations.

36:09And it looks as if under Section I referenced on page 19, it looks as if there is a an informal expectation that revenue in terms of income.

36:32There is an expectation that the applicant will provide when asked from finance for those reports.

36:39But just to state for the record in terms of meeting that former 6040.

36:46Yeah, if that's that was repealed, I would have to check and confirm.

36:54But yeah, any of any of the subregulation requirements, if called upon, they'd have to be able to fulfill those.

37:02And if they wouldn't would not be able to, then they could potentially be something to open or be subject to an audit.

37:09Right. But at least, yeah, at this time, no reason to believe they won't be compliant with any of the subregulations that would be enacted on them.

37:22Any questions about the findings of fact were fairly straightforward.

37:31Any questions with regard to fines?

37:32In fact, yes, let's if there are no further questions of the applicant, we're going to no one else wanting to speak in support or in opposition to this case.

37:44See no one. I move that we accept the finding facts and state in the packet.

37:54OK, so we have a motion to accept the findings of fact for this case.

37:59See, oh, and sorry for case.

38:06See, oh, and twenty six dash zero seven seven.

38:09We have a second for Mr. Martin to accept the findings of fact.

38:14How do we vote? I I move to grant the requested conditional use

38:22for CO and twenty six dash zero seven seven.

38:27Jose Solis Garcia at 350 High Street.

38:30I second. So we have a motion to grant the conditional use seconded by Miss Cook.

38:36How do we vote? I so we have granted your requested conditional use.

38:43You will receive correspondence notification from planning.

38:48Typically seven to ten business days. Again, keep in mind any work or the determination that we just rendered can be appealed.

39:00The circuit court of Montague County and any work that you or your associates do in that 30 day appeals window, you do it here.

39:08So financial risk. But thank you very much for your application.

39:12Have a good evening. Thank you very much.

39:14Next case is VAR twenty six dash zero seven three comma zero eight eight City Neon USA for seven eighty one Chestnut Ridge Road.

39:28This is a request by City Neon for variance relief from section thirteen sixty nine point zero seven and thirteen sixty nine point one zero of the city's planning and zoning code regarding prohibited signs and devices standards.

39:43Illumination standards and permitted sign size city tax district 15 and the seventh ward tax map fifty six parcel five in the B1 neighborhood business district for VAR twenty six zero seven three zero eight eight in the packet as well as on the screen.

40:02Again, just the map showing the kind of context of where it's located in the light blue and the buffer and that darker blue.

40:11Here's a near map software kind of satellite imaging for it just to give an easier to see map without the overlay of of its location for it.

40:24Here in the red circle is where the current sign is for Hope Gas.

40:30They're wishing to replace the sign at that location with this proposed one.

40:35Here's the current conditions today showing the sign as it exists now and here is the renderings put together of what the sign would be projected to look like and I'll talk a little bit more to the measurements and such in a moment.

40:56So the applicant is seeking a variance regarding illumination standards prohibited signs and devices standards as well as permitted sign size and the standards for prohibited signs and devices in the B1 district.

41:11So I've separated these out into each different section. We're going to start with the illuminated sign. Illuminated signs are not permitted in the B1 district. The proposed sign is going to be internally illuminated with channel letters and illuminated logos as you can kind of see in those different pictures there.

41:29Moving to monument signs across all districts in the city, they're restricted to seventy two inches which is six feet in height and thirty two square feet in area per side.

41:40The height of the proposed monument sign is approximately twenty feet tall. The side view of the monument sign is eighty two square feet in area being there.

41:50The street facing view is about seven and a half square feet and the parking lot view being the side that has the back parking lot view is approximately six square feet in area. The proposed signage is fourteen feet taller than what would be permitted and it would also have an area of approximately fifty square feet larger than permitted as well.

42:12Moving on to the last request, the top of the sign is going to rotate spin as a part of its function. The only mobile part of the sign is the logo on top of the monument sign. This would categorize it as that section of the sign as an animated sign which is prohibited in every district of the city.

42:31And it would be the part, the Hope Gas logo on top, kind of spinning in the daylight, rendering for it. So refer to the sections of code below in the packet as well as submitted designs.

42:47In summary, the applicant wishes to get a variance regarding illumination and size of the monument sign which is variance 26073 as well as a variance regarding the animated sign logo which is variance 26088 at the proposed address 781 Chestnut Ridge Road.

43:06Please see the attached application to review the findings of fact listed. Staff have no comments or modifications. This attachment can be found below the conditions in the packet.

43:16Staff have no objection to the applicant's request for variance. If the Board of Zoning Appeals does grant the applicant variance relief in accordance with the City's Planning and Zoning Code, the only condition that will apply by staff is the standard condition of any modifications or changes that would make it non-compliant would either have to be brought into compliance or additional variance would need to be asked for.

43:38Otherwise, I conclude staff report. Before we invite the applicant representative, with regard to addressing the findings of fact, they're aggregated and they, in other words, the findings of fact, apply to both DAS 073 and DAS 088. Just to put that out there.

44:07Yeah, they, some of them could apply to both. They just wouldn't depend on the specific question. I just wanted to know if we needed to make separate votes will be required for each and they'll have to be looked at separately, but public hearing and stuff can be combined.

44:25But we can make a motion to accept the findings of fact for both DAS 073 and DAS 088, correct? Right, as long as you state it.

44:35Yes, thank you very much. Do we have a representative for this case? Thank you. Thank you. Dan Smith was sitting on USA 1095 Chaplin Road, Morgantown, West Virginia. Appreciate everyone here.

45:03So we do have a brief PowerPoint. I won't labor on it. Again, going back to kind of the aggregated point here of the multiple variances, I thought it might be useful to kind of put this together.

45:15So we were contracted by Hope Gas to design, fabricate and install signage for their new headquarters over on Chestnut Ridge, which is obviously the old former Mylon building.

45:30The unique aspect of the situation is the building itself does not sit inside of the city limits, but the parking lot does. And subsequently, the monument that is down by the road does.

45:43So obviously, we're a 63 year old business and been doing this a long time in this area. So when we speak with one of our clients about a variance situation, what we try and speak to and look for them is, are there other cases out there, right?

46:02We're not trying to recreate zoning laws and we don't want to come in here and, you know, beg for permission to be the first case study of something.

46:10So that's kind of just so you get kind of our side of it. That's the premise that we like to go down when we're in these specific situations.

46:19So that's how we attack this one, if you will. So, OK, so the features that we went over a couple of minutes ago, the structure itself is 15 and a half feet high.

46:44The rotating flame on the top is four and a half. So our combined height is going to be 20 feet. And then the widest part, obviously at the top there is going to be five and a half feet wide at the top part of that.

46:58The reason that this sign was selected is they're trying to keep a uniform branding and consistency across all of their locations.

47:09So, you know, this you've seen this structure before. It's at the Milan Ice Pavilion. It's at the Coliseum. It's at their training center.

47:18And they're looking to bring this to their headquarters. So we went over the codes a little bit ago, but we really find ourselves in three situations here from the monument side.

47:32You know, being six foot tall, you know, no illumination and be one. And then we've got a what we're we're classifying as an animated sign piece to that.

47:43So for our side of it, I do think that there is already an existing variance, if I'm not mistaken, on this particular sign that took it from six to 10 or 12.

47:58This was done back in my lens day, I do believe that sound familiar because it's already over six foot.

48:08And I believe that there is an existing variance that is on that sign itself that we came across through the process.

48:16But what we would like to draw the attention to, if we can, is that they're within the B1 districts.

48:27We did find six signs that are larger than what the code allows that include illumination that are freestanding signs.

48:37And again, we're not wanting to, you know, reclassify any of the zoning.

48:42We are simply looking for some variance relief, as indicated.

48:46And the kind of the nostalgia around this this flame is that, you know, we're we're we're deeming it animated.

48:54But from from our side, from from a construction side, we're really looking at this as a mechanical feature.

49:02Right. This thing is not going to display digital displays.

49:08It's not animated. It doesn't have lights that chase that, you know, flash or anything like that.

49:13It is a fixed, you know, illuminated sign that does have a rotational piece to it.

49:20I would call attention to the pace of the rotation if you have seen the one at the Coliseum, it would be exactly at that pace.

49:27So we're not looking for, you know, it's not a windmill or anything like that.

49:31It's going to rotate at the exact pace of the Coliseum.

49:34So that's kind of the premise of what we put together here.

49:38So on a on a topical level, we did find six signs, as I indicated, in the B1 districts that are over the code requirements.

49:50One being right there on Chestnut Ridge, which is the property directly beside where Hope Gas is and that being a digital displayed monument.

50:03We found two more on Van Voorce and we've got three more over on University Avenue, which will we'll take a look at these.

50:10So there's at least one in excess of what's allowed that's that includes the digital display.

50:19Correct. This one right here. Yep.

50:22So this sign itself is it is the property beside Hope Gas and the B1 zone beside it.

50:29So it's 16 foot tall. It has a five by eight digital display on it.

50:34So, again, we're you know, we've got illumination. We've got our animation with digital and we exceed the six foot monument height standard.

50:43And then for our two over on Van Voorce on in the same, you know, not the same, but in a B1 classified zone, this is over in Chelsea Square.

50:54So the first one being 28 feet tall by nine and a half feet wide illumination.

51:00And then we've got the Exxon, which is 20 and a half feet tall, nine feet wide, has digital in the form of the gas pricer and then example four, five and six.

51:09This is over on University Avenue with the BFS sign, the McDonald's sign and the Hartzell sign, 25 foot tall, 20 foot tall, 24 foot tall, all freestanding and illuminated.

51:25So just kind of an overall summary of the ones that we just looked at.

51:31So of the the six that we're speaking about, five of them are as tall or taller than the one that our client is looking to put in at their location.

51:44And again, you know, we're not looking to, you know, argue over, you know, what codes are, things like that.

51:52The only thing that we're trying to do again is we're just trying to represent our client to say, OK, do you have standing to even ask for this variance?

52:00Right. And that's kind of the thought process that we go through with this.

52:06So just kind of some some final thoughts on what we're looking to do here with this one is I think that, you know, the illumination and Morgantown.

52:25And the only reason I say I think is because obviously we're collectively working on, you know, codes as it relates to signage and things like that.

52:33And part of the steering committee and different things.

52:36So I think illumination is a relatively easy one size.

52:40We've got those, you know, for this project, this this comes down to this rotational element. Right.

52:48I'm sorry. It does for me. I agree. And I I really am.

52:54It's my hope that we don't view this as animated, that we we really do try and speak to this as mechanical.

53:05And the reason I say that is it is very slow moving.

53:08This thing is not obstructing your line of sight when you're on the road driving.

53:14It doesn't obstruct any of the traffic signs, lights, anything like that.

53:18It's got a nice setback. The growth is going away from the road.

53:22The structural element that leads to the building.

53:25So, you know, I feel like we've done our diligence as we look to.

53:30Obviously, we work with you guys every single day. Right.

53:32So it does us no good to come here tonight and try and force an agenda to represent a client when we work with you guys every single day. Right.

53:41So we really try and do our homework and put the aesthetics and the work behind this and say, OK,

53:46how do we achieve what our client is trying to do by still being mindful of the board and the oversight that we have to work with?

53:55Exactly. So, you know, for me, it just goes back that I really hope that we can begin to talk

54:02about mechanical features versus, you know, animated.

54:06And again, it just goes back to we're not flashing, chasing.

54:10There's no sequence, you know, things of that nature when it comes to this sign.

54:16It's well, I mean, it's animated only from the standpoint that the mechanical operation requires the rotation.

54:30Correct. It's not so it's it's kind of limited animation.

54:37Correct. No light changing. We're not RGBs. We're not, you know, flashing or anything like that.

54:45From from the the rotational piece itself, obviously, this sign is significantly smaller than what's at the Coliseum.

54:51But from the rotational piece of it, it is identical to what is there smaller.

54:57But same pace of rotation, same illumination, no chasing, no sequencing, you know, no digital, anything like that within the flame itself

55:07or this sign overall. So that you consider a higher total height.

55:16What I consider did you initially consider going higher?

55:22Just out of curiosity, not I don't know if yours is not the highest in that corridor.

55:29It is not. No. What we try and do is make it aesthetically appealing to its environment as well.

55:38So when we look at that, we're looking at the totality of the building.

55:44Yes, it's a large building and it is offset, but we're doing certain things with the rebranding of the building that it all kind of works together.

55:52And we don't want to overpower any one feature.

55:56And I think having a rather large gaudy monument that close to the road would detract from what we're trying to do on the building itself for them.

56:06So you know, so you feel as if the height satisfies wayfinding requirements and just locational information requirements.

56:17The sign at its current proposed height does what it needs to do.

56:23I do. I think that if you're if you're driving down the road in either direction, there's a lot of competition from signage, if you will, in that corridor.

56:33It's a busy corridor.

56:34It is. It is. And, you know, we where we've got city limit and B1 right there, literally right before you get to it, we're out of city limits.

56:44So there's a really large monument there with a digital display and things like that.

56:48So you've got some competition with all of that.

56:51But at the same time, for us, I think that it's more we need to work with our environment, but we also need to be aesthetically scaled to what our overall project is.

57:02So I think it does achieve that. Yes. Yeah.

57:07I have a question for you, sailor.

57:12So which of these variances, which number applies to the rotation?

57:18Eighty eight. So VAR twenty six seventy three will apply for the height and square footage included in height as well as illumination.

57:31And then VAR twenty six zero eight eight will be for the animated sign regarding the rotation of the top part of the sign.

57:40And then when you when you guys do vote on both of the variances, I would request vote on them separately.

57:47But if you would like to do the findings of fact, I'd probably say make those actually separate, too.

57:52But VAR twenty six zero seven three is for the square footage height and illumination VAR twenty six zero eight eight will be for the animated sign component.

58:04Thank you. That's a very good clarification.

58:07And two, we want to commend you on your submittal of the supplemental exhibits and for the PowerPoint.

58:15Thank you. Anything further to add?

58:20I don't think so. I think that's it. All right. Thank you very much. Thank you.

58:24All right. We're going to go ahead and open the public hearing for VAR twenty six dash zero seven three.

58:33Anyone wishing to speak in support of or in opposition to this case now is your opportunity to do so.

58:43Hope you do have someone. Good evening.

58:48My name is Russ Vanessa. My address is to Miller Hill Road, Osage, West Virginia.

58:53I'm the owner of Michael outdoor advertising and the structure that this gentleman from Sydney talked about that's next door.

59:01If he could, I would like to ask if he would bring up the rendering of what it was going to look like so we could talk about some of those things.

59:09OK, because this parking lot is in a different parcel than the building or hope gases main offices, it becomes off premise advertising.

59:25I want to start first by saying before you get too deep into the woods, I'm in full support of this side.

59:33I have no objection, even though I think it's 200 feet away. I have the double digital.

59:40My concern about this sign is that if the city of Morgantown allows it, you have then allowed off premise advertising inside the city limits, which you do not allow.

59:53So if you do allow this sign, I will say that if you do give it give it credence and allow it.

1:00:00It's not a threat. It's something I've wanted to do for a long time. And other companies probably would do so.

1:00:10I like the sign. I wish that I didn't have to come here to you in this manner, but I think that because it becomes off-premise,

1:00:21and if you talk to the state of West Virginia supervisor who's backed all this up, there are requirements for distance and spacing, height,

1:00:29and the spinning. You're not allowed that in the state of West Virginia.

1:00:34So if they were to get a permit from the state of West Virginia, there has to be 500-foot spacing from my side, and they just don't have it.

1:00:42Now, can they move it to the other end of the parking lot and pick up a couple hundred more feet and get the 500-foot spacing and allow it? Possibly.

1:00:51But again, I do want to go on record that I have no objection to the sign being built. It's just what the city would allow.

1:00:58Which state agency has Department of Transportation? Its name is Patrick LaHossack. He's the supervisor. Patrick LaHossack, L-E-H-O-S-I-T.

1:01:16And the problem exists is because this sits on its own parcel. As a gentleman mentioned before, the building is outside the city limits.

1:01:26This is a deeded parcel which makes this sign, if allowed, off-premise.

1:01:30And with off-premise signage, you have to have distance, height, rotation that would all be disqualified.

1:01:41We could also potentially look in to verify how that's looked at as well if the board would like as a potential tabling option.

1:01:54Because at least based on our kind of review, there might be a discrepancy between those of what's considered on/off connection of neighboring parcels.

1:02:04Things like that. So if that would affect the board members' considerations, you could potentially table instead of approving or denying as an alternative just to affect the board.

1:02:17Thank you. If possible, could we see the slide with the first digital sign you had on the corner right there?

1:02:26Where is that? That's at North? That's the school. Okay, so is that property on WVU property or is that on the school property?

1:02:35And did that get a permit to be there from the city?

1:02:39Or maybe is that drive an easement?

1:02:42Still, if that sign is not on North Elementary property, then that is an illegal sign.

1:02:50If that sign, if the school was touching that sign, that then becomes an on-premise sign, which is okay. You're allowed to do that.

1:03:00Now, they're not allowed to advertise Wendy's on that sign because then that would become off-premise.

1:03:07Yeah. And there are some other ones that he brought up that we could speak about, but I'm not here to do that.

1:03:14Well, we're here to consider this specific case. Right.

1:03:20But I'm most concerned with regard to the signage, my concern is the animated component in terms of its tendency to set a new precedent.

1:03:38And similarly, well, no, not similarly, but I'm concerned about the parcel issue that you've raised.

1:03:50The state of West Virginia does not allow rotation.

1:03:53Now they did it at the Coliseum, and that Coliseum sign started out to be something different with the message board.

1:04:00It was going to advertise off-premise advertising until we got involved.

1:04:05And then it decided and was decided that it's just going to be for all the events at WVU.

1:04:10And if you drive by there now, you'll see that's what that's for, and it's perfectly fine.

1:04:14So, okay. Thank you.

1:04:18For the record, the public hearing is still open.

1:04:20We're going, we will, we're open to you rebutting, speaking specifically in response to the problematic issues here.

1:04:33And they are problematic. So now's your, yes, please.

1:04:37On the Coliseum, the Department of Transportation did issue a permit for that.

1:04:44And then as far as setting a precedence by allowing this, I think it's already been done.

1:04:55There's a variance that exists today from the city of Morgantown on that sign.

1:05:02With regard to the animated component.

1:05:04No, no, just this is speaking to the off-premise signage, right?

1:05:09Because if I'm not mistaken, the building was in city limits years and years and years ago.

1:05:17It was when Mylan started manufacturing a grade one pharmaceutical.

1:05:21Right.

1:05:22That is when it was recut to pull the building out, is my understanding of that.

1:05:28But going through this process, I have been told there is a variance.

1:05:33I think it was Ricky that told me that, that there is a variance on the slide that we had there before that just says Hope Gas, you know, on the smaller monument, that that already is under a variance, an existing variance.

1:05:46So I don't know what that speaks to on-premise, off-premise.

1:05:50I don't know that.

1:05:53Well, we need to determine that, but we can't determine that without more.

1:06:00We're going to need more information.

1:06:02We just are.

1:06:04Sure.

1:06:05Especially if DOH potentially has oversight over what's required with regard to the separate parcels, has the separate parcels relate to what you're proposing.

1:06:22We need more.

1:06:24We just need more information.

1:06:25Yes, for pre-existing non-conforming status would apply for some signs and we would need to confirm.

1:06:35The city hasn't done any outreach to the state or like a deep dive in the history of the property.

1:06:42So we can do that if requested of the board.

1:06:45Yeah, right.

1:06:46Just, I mean, that is just for the record, that is a DOH route.

1:06:54Chestnut Ridge is or is not.

1:06:56It seems as if, yeah.

1:07:03So I guess in the interest of helping your client to avoid complications, we're going to need more information.

1:07:15Okay.

1:07:18I'm sorry.

1:07:19So I would at least ask to finish out the public hearing since it wasn't concluded when done with questions for the applicant.

1:07:31So do let the rest of the public hearing go and then close it.

1:07:37And then after public hearing is closed, the board can then go to either table approved deny with whatever conditions or requests.

1:07:45No, I think.

1:07:46Okay.

1:07:47Yeah.

1:07:48Do you have anything further to add?

1:07:51We need more information.

1:07:53Is there anything that we can do to bring back?

1:07:56Yeah.

1:07:58Well, you'll --

1:07:59I don't know because, you know --

1:08:00I would say you're going to be in communication with planning.

1:08:02Sure.

1:08:03But if it's -- if the question is concerned about on parcel, off parcel advertising things like that with the state, the city can confirm that on their behalf.

1:08:15And the distance to -- I mean, the height of the sign, it sounds as if as far as DOH is concerned, they have jurisdiction over what's required with regard to the sign as it relates to separate parcels.

1:08:32And also the distance to the next closest sign install installation.

1:08:39Yeah, city staff can verify with the state.

1:08:41And all their minimum distance requirements as far as DOH is concerned.

1:08:46We need to find all of that out.

1:08:48I mean, we can't render a decision.

1:08:51Right.

1:08:54Okay.

1:08:56Do you have anything else to add?

1:08:56Okay.

1:08:58Thank you.

1:08:59Thank you very much.

1:09:00Is there anyone else wishing to speak in support of or in opposition to this case at this point?

1:09:06Is there -- well, is there any correspondence?

1:09:13We did receive a couple of different correspondence by like call or email, but none in support or objection, just general questions.

1:09:24But just to note for the record, we did have some people reach out just to inquire about it.

1:09:29But no letters or emails that I'm aware of were received saying support, objection or otherwise.

1:09:38Okay.

1:09:40I -- given that, we're going to go ahead and close the public hearing.

1:09:45Public hearing is now closed.

1:09:46With regard to tabling this, in terms of facilitating the timeline, is there a possibility of -- is the board open to adding a special date if that's --

1:10:04I'm open to it.

1:10:06I mean, we're here to help applicants.

1:10:10No, it would be too late.

1:10:12It's too late for the 21st.

1:10:14I was thinking, you know, a separate date in November.

1:10:18I can do November.

1:10:19Okay.

1:10:20So I moved to table VAR 26-073 pending.

1:10:32We just -- we need more information.

1:10:35Do you want to table both of them?

1:10:37Yeah, for both parts of this, for both -- 073 and 088, both parts of the variance request.

1:10:48So we have a motion to table VAR 26-073, which relates to the aerial request, the signage, and the illumination, and then the dash 088 relates directly to the animated component for the signage.

1:11:09And we have a second from Ms. Cook.

1:11:11How do we vote?

1:11:12Aye.

1:11:13Aye.

1:11:14So we have to table your case pending additional information.

1:11:17We want to do our due diligence.

1:11:22I will add, as the board members stated, if there is a special hearing, we will be in contact and let you know.

1:11:30Otherwise, you will be slated for the standard November hearing due to the legal deadlines.

1:11:36But we will be in contact if a special hearing does become available for you guys.

1:11:41Thank you.

1:11:42All right.

1:11:44Thank you very much.

1:11:45Okay.

1:11:46We're going to move to our next case.

1:11:47Thank you, gentlemen.

1:11:48Okay.

1:11:54The next case is VAR 26-083, Duane Paul, and I hope I'm pronouncing that correctly.

1:12:00Oh, I'm sorry.

1:12:02Yeah.

1:12:03Sorry.

1:12:04Thank you.

1:12:06The next case, I apologize.

1:12:07The next case is VAR 26-078, Anusha Nag at 3109 University Avenue, request by Anusha Nag for variance relief from section 1369.08 of the City's Planning and Zoning Code

1:12:22regarding sign illumination standards, City Tax District 15, Fourth Ward, Tax Map 07, Parcel 257, and the B1 Neighborhood Business District.

1:12:35For VAR 26-078 in the packet as well as on screen, here's a kind of a map showing the location of the property there.

1:12:46Additionally, again, in the packet as well on the screen is a rendering book of the sign as presented.

1:12:56The applicant is currently seeking variance regarding just illumination standards for a sign in the B1.

1:13:01Illuminated signs are not permitted in the B1.

1:13:03The proposed sign, however -- I'm getting ahead of myself.

1:13:08Excuse me.

1:13:09The proposed sign is internally illuminated with channel letters and with an illuminated logo as shown.

1:13:14Other than illumination standards, though, the sign area and height of the reference sign would be allowed and permitted by right.

1:13:22Refer to the sections of code in the packet.

1:13:25In summary, the applicant wishes to get a variance regarding just illumination standards for a wall sign at the property located at 3109 University Avenue.

1:13:35Please see the attached application to review the findings of the fact-listed.

1:13:39Staff have no comments or modifications to these. They can be found below the standard conditions.

1:13:44Planning staff also have no objections to the applicant's request for this variance.

1:13:48And if the BZA does grant variance relief in accordance to the city's planning and zoning,

1:13:53the only condition that will apply by staff is the standard of if they need to change or anything that would make it non-permitted,

1:13:59they would have to come back and get variance relief or make it an appropriate sign to comply with city ordinance.

1:14:06Otherwise, that will conclude staff report.

1:14:08All right. Thank you very much.

1:14:11Do we have a representative for this case? VAR 26-078.

1:14:20Please state your name and a reference address for the record.

1:14:24My name is Suresh. My daughter's name is Anushanak. She's not here. That's why I'm here.

1:14:29So my property address is 3109 University Avenue.

1:14:36And you're just proposing the variances for internal illumination of the sign?

1:14:43Yeah, I don't know anything about this one. We like apply for the permit. We want the permit.

1:14:51Then we hook up this board.

1:14:55Do you know, we usually ask, will the illumination be on a timer or is it just?

1:15:06Yes, we have a timer.

1:15:07It will be on timer.

1:15:08Yeah.

1:15:09Okay.

1:15:10Evening, like when we're dark, that time automatically and morning is like before seven o'clock.

1:15:16No flashing.

1:15:17No. No flashing.

1:15:19Any questions?

1:15:23Nope.

1:15:25Thank you very much.

1:15:26Thank you.

1:15:29Okay. We're going to go ahead and sell the hearing.

1:15:31Yeah.

1:15:32No questions. We're going to open the public hearing.

1:15:33In this case, again, this is for VAR 26-078.

1:15:37Anyone wishing to speak in support of or opposition to this case, please do so now.

1:15:43Dean Noam, we're going to close the public here.

1:15:50And any correspondence on this one?

1:15:52No correspondence on this one of any kind, really.

1:15:57Okay.

1:16:00I mean, it's straightforward.

1:16:01So I'm going to make a motion to accept the findings of FACT for VAR 26-078.

1:16:06I second.

1:16:07Oh, I don't know.

1:16:11This notice has to be on this thing.

1:16:14What is it?

1:16:16I got the notice from the city, this court.

1:16:19Okay.

1:16:20Oh, that's not related to this. That'll be with code enforcement.

1:16:25I would recommend checking in with them probably tomorrow.

1:16:29Yeah, that's code enforcement.

1:16:31This is just for your variance stuff.

1:16:33They'll be unrelated for those.

1:16:36So is there a contact telephone number on the ticket?

1:16:39Yeah, they'll be able to get ahold of it.

1:16:41It should be Chris Guzman, but either way, unrelated.

1:16:46It's not related. Okay.

1:16:48So just reach out to code enforcement tomorrow.

1:16:50Thanks.

1:16:51For when it's convenient.

1:16:52Okay.

1:16:54Yeah. So I moved that we accept the findings of FACT for VAR.

1:16:59Okay. We have a second.

1:17:01We have a motion to accept the findings of FACT for VAR 26-078.

1:17:08Seconded by Ms. Cook.

1:17:09How do we vote?

1:17:10Oh, hi.

1:17:11I move to grant.

1:17:13It's just for illumination.

1:17:16I move that we grant the request for VAR 26-078.

1:17:23I second.

1:17:24We have a second by Ms. Cook.

1:17:25How do we vote?

1:17:26Aye.

1:17:28Aye.

1:17:29We've granted your variance request.

1:17:30Please keep it.

1:17:31So you will receive written notification for planning.

1:17:33It's typically seven to 10 business days.

1:17:37The determination we just rendered can be appealed to the Circuit Court of

1:17:40Montaguella County.

1:17:42There's a 30-day appeals window.

1:17:44And any work you do on your undertaking in that 30-day appeals window,

1:17:48you do your sole financial risk.

1:17:51Thank you very much.

1:17:53Good luck with your project.

1:17:55We are moving to VAR 26-083 Duane Paw 940 South Point Circle request by

1:18:04Duane Paw for various relief from Section 1331.

1:18:080.08 of the City's Planning and Zoning Code regarding accessory structures

1:18:12and uses in residential districts.

1:18:14City Tax District 10 in the sixth ward.

1:18:18Tax Map 43 Parcel 125 in the R1 single-family residential district.

1:18:25Mr. Thompson.

1:18:26My count just logged in now.

1:18:29So let me log us back in here.

1:18:33But while I'm pulling that up, for the reference variance,

1:18:39as mentioned by Chris, Mr. Chris Binnison,

1:18:43this will be for an accessory structure wanting to be placed in the front

1:18:48yard of the property.

1:18:50The area presented along where this will be located,

1:18:58according to application provided by the applicant,

1:19:03will comply with their setbacks.

1:19:06But I will pull up presentation to give you a bit better reference for those.

1:19:15Okay.

1:19:22So as recorded in the packet, as well as on the screen,

1:19:26is just the location of the property in reference.

1:19:31Here is a clearer map of the property here.

1:19:36And I will use this for a second.

1:19:41You'll see in the next slide, it's easier to see in the packet,

1:19:44but it's a little harder to see on this.

1:19:47The location for it will show up.

1:19:50And that kind of top left area under the trees is where the shed

1:19:54will be proposed to go.

1:19:56Here's a site plan attached that shows its location.

1:20:00It's a little hard to see.

1:20:01But other than being located in the front of the property,

1:20:06it will be compliant with height requirements and other setback

1:20:10requirements for accessory structures as proposed by the applicant.

1:20:18So the applicant is seeking a variance regarding building an accessory

1:20:22structure in a residential district.

1:20:24Sheds used for storage such as a wood shed or a tool shed or similar

1:20:28are permitted in residential districts.

1:20:30The applicant wishes to place a shed between his house and a primary

1:20:33street.

1:20:34This structure will have to be compliant with all setbacks and

1:20:36requirements for accessory structures if approved.

1:20:39And the variance would only allow for its placement to be in the front

1:20:42of the referenced home, as I stated before.

1:20:45Based upon discussion with the applicant and submitted plans,

1:20:48it will fulfill all of those height and setback requirements as I stated.

1:20:52Additionally, based upon requests and that it will date,

1:20:55this variance would have been heard during the regularly scheduled

1:20:57October meeting.

1:20:58But staff have worked to get this onto the BZ Agenda.

1:21:01It was in September, but now in the October special hearing.

1:21:05Refer to the sections of code below as well as submitted designs.

1:21:10The applicant references topography as the main concern with placing

1:21:14the structure in the rear or side of the property in the packet.

1:21:18There's kind of a topo map showing kind of different changes in

1:21:22elevation before their site plan that kind of shows different

1:21:28changes in topography.

1:21:30Refer to those attached in the packet.

1:21:33In summary, the applicant wishes to get a variance regarding

1:21:37allowance of an accessory structure to be located between a principal

1:21:40structure and a primary structure at the property address

1:21:43design 40 South Point Circle.

1:21:44Additionally, the applicant also does have a deck that they have

1:21:47built in the location, so they plan to kind of use that as the

1:21:50footprint for this new shed to remove that deck and then put the

1:21:54shed there.

1:21:55And the deck is allowed and has already been permitted.

1:22:00So the deck is okay.

1:22:02Turning into an accessory structure shed is where the conflict

1:22:05is coming in.

1:22:07See the attached application to review the findings of fact listed.

1:22:10Staff have no comments or modifications to these.

1:22:13They can be found below the conditions.

1:22:16Planning staff have no objections to this request for variance

1:22:18relief either.

1:22:19If the BCA does grant the applicant variance relief in

1:22:22accordance to the city's planning and zoning code,

1:22:24the only relevant condition is the same one as the standard.

1:22:27If something is to change and make it non-compliant,

1:22:31they would have to get additional variance relief or make it

1:22:34comply with city ordinance.

1:22:36And that will conclude staff report.

1:22:38Thank you very much.

1:22:41I have a question.

1:22:42Yep.

1:22:44So for this proposed accessory structure,

1:22:50if it's, if it's erected immediately adjacent to the,

1:22:55to the primary, is it still considered an accessory structure?

1:23:01If it is attached, if it's attached, then it's not.

1:23:05If it's attached to the principal structure by roof wall,

1:23:09you know, it's,

1:23:11we had a variance previously that involved an accessory.

1:23:14He did some, what's an accessory versus a primary.

1:23:18Even if you don't main the access into the building principle,

1:23:21voting from it,

1:23:22if it is attached part of the roof line, stuff like that is,

1:23:25it's not accessory primary, right?

1:23:27If it's unattached, then it is accessory structure.

1:23:30Yep.

1:23:31All right.

1:23:32Do we have a representative for this case?

1:23:35Thank you, mr.

1:23:38Thompson.

1:23:42Yeah.

1:23:43Dwayne Paul, 940 south point circle.

1:23:46Thank you very much.

1:23:48So do you want to just give an overview for what's your,

1:23:51what's your understanding of the house?

1:23:56Yeah, basically,

1:23:58the deck is 50 foot away from the house on a 45 degree angle.

1:24:03So the house is here and it's here and it's on a wood line.

1:24:09I have two vacant lots,

1:24:11which aren't buildable between me and the next house down.

1:24:15Not buildable due to slope.

1:24:17What's that?

1:24:18Not buildable due to slope.

1:24:20That's why.

1:24:23That's why.

1:24:24But the problem is I'm allowed to build this deck behind my house or

1:24:29shed.

1:24:30Right.

1:24:31But it's not feasible for me.

1:24:32There's a 20 foot drop front to back.

1:24:34Right.

1:24:36And in the wintertime when I burn a fire,

1:24:39I'm not capable of pulling my wagon up an icy slope.

1:24:42Right.

1:24:43I rather have it there where I can depend on gravity.

1:24:46Yep.

1:24:47Yep.

1:24:48So that's what's, I mean, I can have the deck there.

1:24:50I can have the railing.

1:24:51I can put a roof on it, but I can't put the sides on it,

1:24:54put my firewood in.

1:24:55Right.

1:24:56So are you,

1:24:58are you removing the deck completely or.

1:25:01No, the deck's there.

1:25:02It's not being removed.

1:25:03I'm just using it as a base.

1:25:06And I'm just going to go ahead and put sides on the roof on it.

1:25:10Right.

1:25:11The deck's existing.

1:25:12I already have a permit for that and it's done.

1:25:14I understand.

1:25:16To add a quick correction, the roof, adding the roof is what would,

1:25:19would count it as an accessory structure.

1:25:21Yeah, I haven't put a roof or anything on it yet.

1:25:23It's just a deck.

1:25:25I misread and I was thinking a whole new freestanding accessory

1:25:30structure.

1:25:31I wasn't.

1:25:32That's what you were proposing.

1:25:33That makes sense.

1:25:34The deck's already there.

1:25:35As I was going to set, I was going to propose, well,

1:25:38if it's principally for wood storage.

1:25:44Yeah, I have about 10 quarters of wood laying on the ground.

1:25:47Right.

1:25:48And I was going to say, you know,

1:25:50why not just build it immediately, you know,

1:25:52make it part of your principle, but I understand now.

1:25:55I understand.

1:25:56That makes perfect sense.

1:25:57I made a wood came from the upper part of South Point,

1:26:00my middle house.

1:26:01So I'm just trying to save it because I'm not cutting trees and

1:26:04splitting wood anymore.

1:26:06I'm getting too old.

1:26:08Right.

1:26:10Right.

1:26:11Do you have anything to add?

1:26:12Thank you for clarifying.

1:26:14That's much clearer now.

1:26:15What's the rationale for why it's going to be an accessory structure?

1:26:21I mean, the only problem is you just,

1:26:23you can build a deck in front of the house,

1:26:25but you can't build a woodshed.

1:26:27Right.

1:26:28Because it's, I mean,

1:26:30you ought to change your laws at least in front of the house.

1:26:32I mean,

1:26:33if you got a 200 foot area in your house is there and you got 50,

1:26:3760 foot on the side,

1:26:39there should be a little leeway for something like that.

1:26:43It's not like it's blocking my house and the view or anything.

1:26:48No, listen, it's a reason of what you're proposing.

1:26:52It's a reasonable,

1:26:53you know,

1:26:54improvement of your property.

1:26:56All right.

1:26:57I mean,

1:26:58the packet I brought shows you where the deck is.

1:27:00Yeah.

1:27:01Thank you for the exhibits.

1:27:02Yeah.

1:27:03So basically there's a lot of space between the house and there's

1:27:06a driveway, everything in between.

1:27:09Okay.

1:27:12I'll set everyone.

1:27:13Yeah.

1:27:14Thank you, sir.

1:27:15All right.

1:27:16Thank you.

1:27:18Okay.

1:27:19So we're going to go ahead and open the public hearing.

1:27:22I'm wishing to speak in support of or in opposition to this case.

1:27:26Now is your chance to do so.

1:27:29And again,

1:27:30this is PAAR 26-083 being no one closed the public hearing.

1:27:39No one.

1:27:40Okay.

1:27:42No correspondence on this case,

1:27:44Mr. Thompson.

1:27:45We,

1:27:46we received some correspondence for it,

1:27:48but nobody wrote anything in an opposition or in support,

1:27:52just inquiries again about general nature of what the request was

1:27:56about.

1:27:57And information was provided to them.

1:28:00And then there was no follow-up at, you know,

1:28:03with further input in that, in that example.

1:28:06But otherwise no emails or phone calls were made to me regarding this

1:28:11beyond, beyond that.

1:28:13All right.

1:28:14Thank you very much.

1:28:16I'm going to make a motion to accept the findings of fact.

1:28:20Okay.

1:28:21So we have a motion to accept the findings of fact for VAR 26-083

1:28:28with a second by Mr. Martin, Ms. Cook.

1:28:33How do we vote?

1:28:34Aye.

1:28:35Okay.

1:28:36And I'm going to move to grant the requested variance for VAR 26-083

1:28:44subject to the, I mean, just the standard condition.

1:28:47Second.

1:28:48So we have a motion to grant the variance seconded by Mr. Martin.

1:28:52How do we vote?

1:28:53Okay.

1:28:55We've granted your requested variance.

1:28:56Thank you.

1:28:57You're welcome.

1:28:58Thank you for coming down this evening.

1:29:00So you will receive correspondence or notification from planning.

1:29:06It's typically seven to ten business days.

1:29:08The determination that we just rendered is, can be appealed to the

1:29:14circuit court of Montaguea County.

1:29:16That appeals window.

1:29:17It's a 30-day appeals window.

1:29:21Any work that you do to modify your existing deck for the accessory

1:29:26during that 30-day window, you do your sole financial risk.

1:29:29So maybe winter's coming.

1:29:33Maybe hold off a little while longer.

1:29:35Every nine weeks.

1:29:37Well, you'll get there.

1:29:39You'll get there.

1:29:40Okay.

1:29:41Thank you for coming down this evening.

1:29:42Thank you.

1:29:43Okay.

1:29:45Next case is VAR 26-085.

1:29:48Jessica Parsons, excuse me.

1:29:51229 Cornell Ave.

1:29:53Request by Jessica Parsons for variance relief from section 1335.04 of

1:30:00the City's Planning and Zoning Code regarding property setbacks.

1:30:03City Tax District 13-5 Ward.

1:30:06Tax Map 20.

1:30:09Parcel 639 in the R1A Single Family Residential District.

1:30:14VAR 26-083.

1:30:17And the packets as well on the screen is, again, a map view showing

1:30:23where the property is located.

1:30:26Additionally, again, just a bit of a CRISPR image to kind of show the

1:30:30reference property.

1:30:32So here is a site plan showing the existing conditions of the rear porch.

1:30:38It's a covered but unenclosed rear porch at this property with the

1:30:43measurements there as well as in the packet.

1:30:46The applicant is seeking a variance regarding enclosing.

1:30:49A covered but unenclosed porch in a residential district.

1:30:52The applicant wishes to enclose this covered porch and remodel it

1:30:55into a bathroom at the reference address.

1:30:57A site plan is submitted showing setback distances from the current

1:31:00porch for the sections of code below.

1:31:03In summary, the applicant wishes to get a variance regarding 5 feet of

1:31:06minimum rear setback allowance located between a principal structure

1:31:10and Primary Street at the, sorry, that was carried over, but 5 feet of

1:31:18minimum rear setback allowance addressed at 229 Cornell Ave.

1:31:22Please see the attached application of view finding the fact.

1:31:25Staff have no modifications or additions to these.

1:31:28Planning staff also have no objections to this request for variance

1:31:31relief if the BCA does grant the variance relief in accordance with

1:31:35the City's Planning and Zoning Code.

1:31:37Any other modifications or changes to the site plan would need to be

1:31:40compliant or they would have to come get additional variance relief,

1:31:43as is the standard condition.

1:31:45Otherwise, that will include staff report.

1:31:49Thank you very much. We have a representative for this case.

1:31:57Come on down.

1:32:00Hi, I'm Jessica Parsons from 229 Cornell Ave, Morgantown.

1:32:06And then so you just, you know, if you want to provide an overview

1:32:12for what you're proposing under your application.

1:32:14Yeah, so we bought the house.

1:32:16I already had the roofed porch on it.

1:32:20We didn't. That was already there.

1:32:22We bought the property, I think, in like November, December.

1:32:25And we were wanting, the only bathroom in the house is up on the

1:32:29second floor, so we were just wanting to add a first floor bathroom to it.

1:32:33Didn't know the setback, you know, I was really shocked at, because I was

1:32:40like, we're not changing the footprint, you know, the house, we're not

1:32:43taking anything away from anybody's yard.

1:32:45But I understand now that that porch was, you know, it was already there,

1:32:49but it was kind of a problem area.

1:32:52Nonclosed.

1:32:53Yeah, it's nonclosed, yeah.

1:32:55Yeah.

1:32:56Yeah.

1:32:58Okay.

1:33:00Yeah.

1:33:01All right.

1:33:04Thank you.

1:33:05You're welcome.

1:33:07All right.

1:33:08Any questions?

1:33:09No.

1:33:10No, okay.

1:33:11We're going to jump right into the public hearing.

1:33:14Anyone wishing to speak in support of or in opposition to this case?

1:33:20VAR 26-085 at 229 Cornell Avenue.

1:33:26How's your chance to do so?

1:33:31All right, seeing no one.

1:33:33Public hearing.

1:33:35No correspondence on this?

1:33:37I think you said.

1:33:38Yeah.

1:33:39No correspondence on this one either.

1:33:42I believe maybe there were some inquiries about it, but as far as like

1:33:45correspondence and support or opposition, I did not receive any

1:33:48letters or emails.

1:33:50So this is on the, this is, involves the side.

1:33:56This is a side setback.

1:33:57Rear.

1:33:58Oh, rear.

1:33:59Okay.

1:34:00Because it would meet the side.

1:34:01Yeah.

1:34:02The rear setback is 20 feet there at about that, I think 15 number.

1:34:08Right.

1:34:09Yeah.

1:34:10The rear setback requirement is 20 feet.

1:34:13We probably measured it to 14.89, but that's, there's a discrepancy.

1:34:17So, and even five feet to make it, to make it compliant.

1:34:21It's not expanding the footprint.

1:34:25I mean, it's not.

1:34:26It's adding walls and changing.

1:34:27It's just, and it's, and it's rear too.

1:34:30There's no sign.

1:34:31It's not right.

1:34:32It's not as if it's obstructing.

1:34:37Yeah.

1:34:38All right.

1:34:39Well, I move we accept the findings of fact.

1:34:40Second.

1:34:41All right.

1:34:42So Ms. Cook has moved to accept the findings of fact for VAR 26.085.

1:34:49Seconded by Mr. Martin.

1:34:50How do we vote?

1:34:51Aye.

1:34:52Aye.

1:34:53And then I move we grant the request with the standard condition.

1:34:56And I will second that.

1:34:58So we have a motion to grant the variance request for VAR 26.

1:35:02Oh, subject to the standard stock condition.

1:35:06If there are any material changes, it will have to come before the board.

1:35:13Okay.

1:35:14So we have a motion to grant seconded.

1:35:16Yes.

1:35:17Okay.

1:35:18How do we vote?

1:35:19Aye.

1:35:21Aye.

1:35:22So we have granted your variance request.

1:35:23You will receive written notification.

1:35:25We're planning seven to 10 business days.

1:35:28And again, the determination that we just rendered can be appealed to the

1:35:32circuit court of Montague County.

1:35:34That is a 30 day window, um, appeals window.

1:35:37So any work that you do that you undertake during that 30 day appeals window,

1:35:42you do your sole financial risk.

1:35:44But thank you very much for coming down.

1:35:46Have a good evening.

1:35:47You're welcome.

1:35:48Um, last case, I believe is VAR 26 dash zero nine zero.

1:35:55Home Iyun Hajiran, um, at 562 Aspen street request by Home Iyun Hajiran for

1:36:04variance relief from section 13 33.04 of the city's planning and zoning code

1:36:11regarding property setbacks city tax district 15 seventh ward tax map 54

1:36:17parcel 23.2 in the R1 single family residential district.

1:36:22So for VAR 26 zero nine zero in the packet as well or in the packet as well

1:36:28as on the screen again, the standard map view showing the parcel in the

1:36:31question highlighted in light blue, uh, additionally a bit more of a crisp map

1:36:35view to just get better context of what the property looks like.

1:36:39Um, as well as the submitted site plan for, uh, the proposed addition on the,

1:36:45uh, on the property with their setbacks.

1:36:47The applicant is seeking a variance regarding a single family residential

1:36:51addition in a residential district.

1:36:53The applicant wishes to construct a greenhouse storage, uh, addition at the

1:36:57reference to dress a site plan is submitted showing distances, uh, based

1:37:01upon their designs, uh, referred to sections of code below, uh, the packet

1:37:05involves those submitted designs for correspondence as well as the

1:37:08correspondence in the packet above, um, and related documents found in the

1:37:13packet as well.

1:37:14Uh, additionally based upon requests middle date, this variance would have

1:37:18been heard during the regularly scheduled November meeting, but staff have

1:37:21worked to get it onto the BZ agenda before then, uh, related building

1:37:24permits applied for were not sufficient for full review.

1:37:26This was communicated within one to three business days of submittal for

1:37:29those permits.

1:37:30Uh, no other variance request was ever applied for other than reference

1:37:34permit, uh, variance today, VAR 26090, which was applied for in September.

1:37:38Um, in summary, the applicant wishes to get a variance regarding one

1:37:42feet of minimum side setback allowance at the, for the property addressed

1:37:46at 562 Aspen street being on the left side of the building there.

1:37:50Um, it is currently nine feet away from the property line as it is today.

1:37:54They want to build the greenhouse addition flush in line with the side

1:37:58of the, of the residents, which will also put it nine feet away.

1:38:02Uh, normal setback standards are 10, so they, uh, they're asking for that

1:38:06one foot to make it flush in line with the left side of the, of the reference

1:38:11tone.

1:38:12Um, please see the attached application to review the findings of fact as

1:38:16staff have had no comments or modifications to these.

1:38:18Um, those can be found below the conditions as with other packet items.

1:38:22Planning staff have no objections to this applicant's request for variance

1:38:25relief.

1:38:26If the board of zoning appeals does grant the variance relief, then the

1:38:30one standard condition would apply.

1:38:32If anything is to be changed or modified, it must be compliant with the city

1:38:36zoning and planning ordinance or seek additional variance requests.

1:38:41And then that'll conclude staff report.

1:38:43Thank you very much.

1:38:46And do we have a representative for this case?

1:38:48Welcome back.

1:38:54Long time no see.

1:38:56Uh, first thank you for, uh, uh, putting this on the agenda for today,

1:39:00other than November.

1:39:01And in fact, I mean, I've been trying to do this for five months.

1:39:04Yes, you do.

1:39:07Oh, I'm sorry.

1:39:08You did before, but for this case.

1:39:10Yeah.

1:39:11From five 62 Aspen street.

1:39:12Yeah.

1:39:13Thank you very much.

1:39:14Um, you're welcome.

1:39:16And, um, uh, for whatever reason, no, five months passed and we're getting

1:39:20close to the winter time.

1:39:22Yeah.

1:39:23So my contract and after they anyways, uh, overview.

1:39:27So you ask for overview, so I'm just going to be with the background and

1:39:30then explain the exact thing.

1:39:32It's a straightforward case.

1:39:33Um, I'm a retired college professor for 40 years at feeling and, uh,

1:39:38willing Jesuit.

1:39:39And, uh, we, uh, given the 3000 square feet house.

1:39:44Right.

1:39:45Everything.

1:39:46And we raise our kids and so forth.

1:39:47And we retired here because they're in a nice friendly city.

1:39:51And, uh, to take care of a grandchildren, basically, that was our main

1:39:54point.

1:39:55Well, the grandchildren, they took over the house, basically every place,

1:39:59every room in the house is toy room.

1:40:02Right.

1:40:03And I also like exotic plants and everything.

1:40:07So those, I mean, I have to something.

1:40:10So I decided to build this addition.

1:40:13Right.

1:40:14Um, if you look at the houses to the right or left, they're like a tree,

1:40:20identical houses, but at the beginning.

1:40:22And then they all had extension going straight out from the side of the

1:40:27house.

1:40:28Right.

1:40:29And this was, I mean, right now our house,

1:40:31according to current thing is everything is often is wrong because it's nine

1:40:36foot to begin with.

1:40:37If you imagine this pillar at the edge of that is the edge of our house.

1:40:42Right.

1:40:43That kettle is nine feet away.

1:40:45Right.

1:40:46Okay.

1:40:48What we are proposing is that rather than going that intended 10 foot,

1:40:50you see that little dent in the hall to go.

1:40:53Actually, this is almost the size of the room.

1:40:55Yeah.

1:40:57Right.

1:40:58I'm going in there that we just wanted to be smooth continuation.

1:41:00So it's not like a kind of add on that exactly because all the other

1:41:05houses are like that.

1:41:06Right.

1:41:07And, uh, uh, we talked to our neighbors and they have a science, uh,

1:41:11letter from them that it is okay to do that.

1:41:14So if there are preferences, it's actually nicer for that.

1:41:17And they are eager also for us to, uh, finish all the, because all the mess

1:41:21that we are just waiting for five months and to get rid of stuff and

1:41:24fixes.

1:41:25And as they know, because if the value of our house goes up, their value

1:41:30also as it goes up.

1:41:31Right.

1:41:32So, uh, basically that is, uh, that's what we had planned and everything

1:41:36is in motion for a contractor stuff.

1:41:39He's ready.

1:41:40And he says, when do you start?

1:41:41And I said, well, it was your job to do the permission permit stuff.

1:41:44And somehow, uh, somebody did not happen.

1:41:48So anyway, so that's where we are.

1:41:50All right.

1:41:51So there's the visual you want to avoid a broken up facade surface.

1:42:01You know, you want to avoid an indented exactly.

1:42:05I don't want this exactly.

1:42:06I want it to be like other houses because of how your house is oriented

1:42:10with respect to the main, um, main road and the thoroughfares.

1:42:14Exactly.

1:42:16Sightlines from the street.

1:42:18That's from the street view.

1:42:20That's in my view.

1:42:22I mean, I understand where you're coming from, but I think you,

1:42:25you also, the other consideration is you need usable floor space.

1:42:29Right.

1:42:30So, you know, that additional foot is going to make a difference.

1:42:34That's the more, that's the more important consideration is maximizing

1:42:39square footage for what your needs are.

1:42:42Yeah.

1:42:43Especially, uh, the fact that our house is a second smallest house in

1:42:47that street.

1:42:48So that one foot makes a difference in our house, but I mean,

1:42:53this fixed 10 by, I mean, this is a side issue, but that 10 foot, uh,

1:42:59easement that your regulation.

1:43:02It should be proportional to the size of the property because that,

1:43:06I mean, that penalizes us because we have,

1:43:08we don't have too much to give away.

1:43:10And one foot, one foot makes a difference compared to one we have,

1:43:12for example, huge yard.

1:43:14So that's, I mean, that's so what it would be used for a storage.

1:43:19I mean, the bottom one would be storage and the top would be basically

1:43:22the greenhouse and that's.

1:43:25Children play and stuff like that.

1:43:27Right. Yeah.

1:43:28It's a reasonable, what you're proposing is a reasonable development of

1:43:32your addition, you know, additional development of your home.

1:43:36And I liked that you, uh,

1:43:38were proactive and went to your neighbor and, and already got their

1:43:47agreement in writing, you didn't just come in and say, Hey,

1:43:51they gave it to me.

1:43:52And so we know that you have it.

1:43:54Yeah.

1:43:55Thank you.

1:43:56Although, I mean, can we speak to the legal, legal binding,

1:44:02this of that it's, I mean, it's more of a gentleman's agreement.

1:44:06Right.

1:44:07But it's still in writing.

1:44:08It's still in writing.

1:44:09Right. Yeah. It's, as far as, um, yeah, yeah.

1:44:13It's, it's kind of like an accepted, uh, uh, document for the,

1:44:18the city to take for this, but it wouldn't like supersede the setback

1:44:21requirements or something like that. But yeah, that is,

1:44:23that is an acceptable document for, um, um, for showing that his neighbor,

1:44:28you know, is supportive.

1:44:30The neighbor also would have received a, uh, a letter from the city.

1:44:34If this was like, you know, done without their,

1:44:36their knowledge or something, or if it was edited, they, they have court,

1:44:40uh, we, we sent a letter out, a sign is posted as well as a legal notice

1:44:44in the paper, um, regarding it. So.

1:44:47And that radius just to state that what is the radius?

1:44:50200 feet.

1:44:51So every property within 200 feet of this property received,

1:44:54not shown here has received a letter explicitly just like sent to them.

1:44:58Um, but there was a, uh, a notice put into the standard of the paper as

1:45:02well as a sign posted on the property that people, anybody, you know,

1:45:06driving could see. Um, but if you were in that buffer,

1:45:09they should have received a letter from the city.

1:45:11Right.

1:45:12Um, uh, basically giving them a brief overview of, um, um,

1:45:16the project and, and it encourages people to reach out to the city.

1:45:21If they have questions based on that letter as well.

1:45:23A comment about that. And also.

1:45:24Yes.

1:45:25This was a more of a terrible agreement.

1:45:27And he said, I already gave anybody right.

1:45:29I said, no, they want something written because you don't have to come

1:45:33to notary republic to, I mean, no, notarize it and stuff, but at least.

1:45:36So the commission know here is that this is something that diagonal.

1:45:40And, uh, about the sign people asking me, what are you doing?

1:45:43I mean, you start a bar or something here. I said, no, this is just.

1:45:46One foot.

1:45:47For it for a great greenhouse. So they're worried about what,

1:45:51what the sun was about. So if, if,

1:45:53if the sun could be modified to say something that is not,

1:45:57because it's scary. You put a red sign zoning and what's going to happen.

1:46:01So it's just addition of addition that their buildings is about the

1:46:05addition.

1:46:06And it's a modest addition too.

1:46:08For us is one foot makes a difference. And is it costly?

1:46:12And well, no, I mean, what's your, for the addition that you're proposing

1:46:16in, in comparison to the, your principal structure, it's a,

1:46:23it's a modest addition.

1:46:24Yes. Right. It really is. Okay.

1:46:32So thank you very much. Thank you.

1:46:35So we are going to any questions. Nope. Okay.

1:46:39We're going to open the public hearing for the AR 26 0 9 0 for Mr.

1:46:44Hadger on at five 62 Aspen.

1:46:48Anyone wishing to speak in support of or an opposition to this case,

1:46:51please do so now seeing no one. We're going to close public hearing.

1:46:57We have the, the notarized agreement.

1:47:03Any other, there was some course.

1:47:07I think he did say that he did have it notarized.

1:47:11You did not. Okay. I'm sorry.

1:47:14All right. I misunderstood. Thank you for clarifying. Thank you.

1:47:20Yeah.

1:47:21They're similar to some of the other cases, inquiries, things like that.

1:47:25Questions about the sign, other stuff, standard with, with just general

1:47:30inquiries, but I never received any like written letter from anybody in

1:47:34support or opposition.

1:47:36But there was a, you know, reach outs, asking about what the context of it

1:47:41was, but beyond that did not receive any that wasn't included in the package.

1:47:46Okay. Thank you very much.

1:47:49Do we have any questions regarding the findings of fact?

1:47:54No, straightforward. All right.

1:48:02I'm going to make a motion to accept the findings of fact for VAR 26 dash zero

1:48:06nine zero. Okay. So we have a motion to accept finding the fact for the case.

1:48:11And we have a second by Ms. Cook. How do we vote?

1:48:15Hi.

1:48:16Hi.

1:48:17And we have a second. So we have a motion to grant the variance,

1:48:23the requested variance with a second by Mr. Martin. How do we vote?

1:48:27Hi. All right. So we've granted your requested variance.

1:48:34You will again, you'll receive written notification from planning seven to

1:48:3810 business days.

1:48:39The determination we just rendered can be appealed to the circuit code of

1:48:44Montague County.

1:48:45It is a 30 day appeals window and any work that you undertake during that

1:48:51appeals window, you do at your sole financial risk.

1:48:55Thank you very much for coming down this evening.

1:48:57Thank you.

1:49:00Good luck. All right. So do we have any announcements?

1:49:07Uh, no, uh, no staff announcements at this time, uh, other than we do have,

1:49:12uh, a case for the regularly scheduled, uh, October, uh, hearing that's coming

1:49:17up and then, um, uh, otherwise no additional comments or anything from staff.

1:49:22All right.

1:49:24Great. So there being no other announcements,

1:49:28I move to adjourn this regular meeting or no,

1:49:34I'm sorry, this special meeting, October 5th, 2026,

1:49:38which began at 6.30 PM. We have a second. How do we vote?

1:49:42Yes.