BOARD
OF ZONING APPEALS
6:30 PM August
19, 2009 City Council
Chambers
MEMBERS PRESENT: Bernie Bossio, Leanne Cardoso,
MEMBERS ABSENT:
STAFF: Lisa Mardis, Deputy Director
I. CALL
TO ORDER and ROLL CALL: Bossio called the meeting to
order at 6:34 PM
II. MATTERS OF BUSINESS:
A.
Approval of July 15, 2009
minutes – Shamberger
moved to approve the minutes as submitted; seconded by Cordoso. The motion passed
unanimously.
III. OLD BUSINESS
A.
CU09-08 / Charlton Enterprises, LLC
/
Motion to remove CU09-08 from table
by Shamberger; seconded by Cardoso. Motion unanimously approved.
Mardis read the staff report stating
that the applicant seeks approval for off-site parking to utilize a one-bedroom
rental unit at
Mardis continued to explain that according
to Article 1365.07 – Off-Site Parking Facilities of the Planning and Zoning Code,
in business, industrial and multi-family districts, the Board may grant
conditional use approval to provide required spaces on a site that is: 1)
within 300 feet of the principal use; and, 2) within a district that permits commercial
parking lots as principal or conditional use. She stated that the proposed grandfathered
parking area is within 300 feet as illustrated in the staff report graphic.
Mike Charlton, applicant, was
present and stated that he concurs with the staff report.
There being no public comments,
either for or against, the public portion was closed and the staff
recommendation read.
Mardis stated that The Board of
Zoning Appeals must determine whether the proposed request meets the standard
criteria for a conditional use by reaching a positive determination for each
of the “Findings of Fact” submitted by the applicant. She continued that staff concurs with the
findings of fact as revised and recommends that the conditional use be granted
as requested with the following conditions:
1. That
the off-site parking facility is encumbered by an easement or similar
agreement, to the satisfaction of the Planning Director, which is duly executed
and acknowledged and specifies that the land upon which the off-site parking
facility is located (55 Kingwood Street) is encumbered by the parking use of
the subject dwelling unit (address to be assigned by City Engineer).
That this instrument binds the use for no less than three-years. That said
instrument is filed with the Planning Department and the Rental Registration
Program of the City’s Code Enforcement Division, and placed on public record in
the Office of the Clerk of the
2. That
the leased space has a sign noting the residence for which the space is reserved.
That such sign is 12 inches wide by 18 inches tall and shall be mounted between
three feet and five feet above the finish surface of the parking stall. That the
text on the sign state “This space is reserved for the residents of (insert
address) only, per City Code 1365.07 (D).”
3. That
registration renewal with the City’s Rental Registration Program for the
subject dwelling unit, currently triennial, is conditioned upon demonstrating
that the said agreement and encumbrance is extended for a period equal to the
subject dwelling unit’s registration period. That failure to provide such
surety will result in the denial of registration and occupancy of the subject
dwelling unit.
Staff recommends the following
revisions to the petitioner’s Findings of Fact (deleted matter struck through;
new matter underlined) and that the conditional use be granted as requested.
Finding of Fact #1 – Congestion in the streets is not
increased, in that:
This same conditional use was approved
in December 2006. The proposed off-site parking
stall is within an existing parking lot.
Finding of Fact #2 – Safety from fire, panic, and
other danger is not jeopardized, in that:
Nothing
has changed since the approval in December 2006 that would jeopardize safety in any form.
The proposed off-site parking space is already established and is
located in a parking lot that appears
to be underutilized.
Finding of Fact #3 – Provision of adequate light and
air is not disturbed, in that:
The
conditional use request will not result in the development of new structures
and thereby have no affect on
light or air.
Finding of Fact #4 – Overcrowding of land does not
result, in that:
The subject dwelling unit exists as
does the dedicated off-premise parking stall that was established by the conditional use granted to the previous owner of
the subject realty in December
2006.
Finding of Fact #5 – Undue congestion of population is
not created, in that:
There will be no increase in
population.
Finding of Fact #6 – Granting this request will not
create inadequate provision of transportation,
water, sewage, schools, parks, or other public requirements, in that:
No change will take place. The proposed space is already established as
parking with no additional demand for
public infrastructure or services.
Finding of Fact #7 – Value of buildings will be
conserved, in that:
The subject rental property will
maintain its current value as a four (4) unit multi-family building.
Finding of Fact #8 – The most appropriate use of land
is encouraged, in that:
The multi-family dwelling unit and
off-site parking space are established.
Shamberger made a motion to approve
the findings of fact as revised; seconded by Cordoso. Motion passed unanimously.
Motion to approve request with staff
recommended conditions by Shamberger; seconded by Shamberger. Motion approved unanimously.
B.
CU01-07 / Corbett /
Bossio highlighted the memo prepared by staff. The highlights of the memo are as follows: On April 18, 2001, the Board approved a
“Restaurant, private club” conditional use at 76 High Street to David Corbett
and Olivia Carrick, which opened Café
Bacchus; the establishment appears to have complied will all conditions
established by the Board and/or set forth in the Planning & Zoning Code; in
2005, Judy Spade became a part owner of the Café
Bacchus and is now in the process of purchasing remaining ownership
interests from Corbett and Carrick and establishing J&C Spade, LLC as the
new owner of Café Bacchus. The memo explained that a conditional use
approval is specific to the petitioner and can not be transferred. As such, it is the opinion of the Planning
Department that Ms. Spade must obtain approval from the Board to transfer the
approved conditional use from Corbett and Carrick to J&C Spade, LLC.
Cardoso stated that the applicant, Judy Spade, and she work
in the same building and has asked her questions. Cardoso continued that she referred the
applicant to
Mardis stated that the petitioner’s request to transfer
conditional use approval from Corbett and Carrick to J&C Spade, LLC be
approved with the following customary “Restaurant, private club” conditions:
1.
That
the petitioner shall maintain compliance with all supplemental regulations set
forth in Article 1331.06 (27) of the Planning and Zoning Code.
2.
That
the establishment shall not serve liquor, including wine, later than 1:00 a.m.,
except on New Year's Eve.
3.
That
the applicant must obtain permits as a “restaurant” from the Monongalia County
Health Department under the Monongalia County Clean
Indoor Air Regulations.
4.
That
the conditional use approval granted herein may not be transferred.
Judy Spade, applicant, 425 Elysian
Avenue, was present and summarized her request.
She stated that she has been an owner and/or manager for the past five
(5) years.
There being no public comments
either for or against, the public portion was closed.
Motion to approve request with staff
recommended conditions by Cardoso; seconded by Shamberger. Motion passed unanimously.
V. OTHER BUSINESS
A. Public Comments – None
B. Staff Comments – None
VI. ADJOURNMENT – The meeting was adjourned at 6:51
PM.