Members Present: N. Iannone, T. Shamberger, R. Hawkins and J. Rockis, G. Pastoria

Members Absent: None

Staff Present: Jim Wood, Planning Director

OLD BUSINESS:

CU01-10 / Baron / 626 Jones Avenue: Request by John Baron for conditional use approval for home occupation at 626 Jones Avenue. Tax Map #14, Parcel #169, an R-1A, Single-family Residential District.

J. Wood read the staff report. He reported that Mr. Baron would like to service and repair firearms, and conduct a small number of sales via catalogues, without storing retail merchandise on the premises. He also stated that Mr. Baron will utilize a small bench in his basement, will have set hours of operation, and will comply with all Federal and State Firearms licenses regulations. J. Wood added that the Planning Commission voted to forward a recommendation for denial, by virtue of a tie vote.

John Baron presented his request to the Board. He stated that he is interested in gun repair and custom building on a part-time basis. Mr. Baron acknowledged the uneasiness of surrounding property owners.

Discussion ensued on hours of operation, neighbor opposition, gun storage safety, and customer visitation to the applicant’s residence.

G. Pastoria asked for public comment. There was no one in the audience in support or in opposition of the request. However, numerous emails in opposition were received.

G. Pastoria closed the public hearing on this item.

T. Shamberger stated that he was concerned with the traffic this home occupation could generate, but had no quarrels with licensing due to intense federal regulations.

J. Rockis suggested that the applicant meets all criteria. J. Wood responded that it meets all legal criteria for approval of a home occupation in terms of the zoning regulations, but that some of the questions in the findings of fact section of the conditional use application require subjective judgment. He used the example of the finding that safety from fire, danger, or panic is enhanced, or not harmed. That finding is inherently subjective in nature because you cannot "measure" panic per se. Another subjective judgment involves finding that the proposed use is "in keeping with the residential character" of the neighborhood. Such a finding does not lend itself to objective measurement, thus requiring a certain level of subjective value judgment.

G. Pastoria read the findings of facts for a conditional use.

Question one: positive 5-0

Discussion ensued on off street parking. The applicant stated that he does have off street parking in the rear of his residency. Mr. Baron added that most of the business will be completed via UPS and that only a few people would stop each month.

Question two: negative 3-2

Discussion ensued on the storage security. N. Iannone stated that this element puts his neighbor’s houses at risks due to the fact that criminals, with the intent of breaking into Mr. Baron’s house, may inadvertently break into one of his neighbors houses.

G. Pastoria reiterated that the proposed home occupation may generate other dangers for the neighborhood.

T. Shamberger stated that there might be an elevated risk for break-ins, but the perception may be greater than the actual risk.

Question three: positive 5-0

No discussion ensued.

Question four: positive 5-0

No discussion ensued.

Question five: positive 5-0

No discussion ensued.

Question six: positive 5-0

No discussion ensued.

Question seven: positive 3-2

Discussion ensued on the effects to surrounding property value.

Question eight: positive 4-1

No discussion ensued.

Request is automatically denied by virtue of at least one negative finding of fact.

Motion to deny the request by R. Hawkins, seconded N. Iannone. Motion approved 4-1.

V01-05 / Domino’s Pizza / 300 Pleasant Street: Request by Domino’s Pizza for variance approval for signage in excess of 72 square feet in a B-4 District. Tax Map #29, Parcel #369, a B-4, General Business District.

J. Wood read the staff report. He stated that Domino’s Pizza proposes to replace signage at 300 Pleasant Street with signage that exceeds the maximum permitted area of seventy-two (72) square feet in a B-4, General Business District, resulting in a variance of 27.2 square feet. He added that they are also seeking conditional use approval on the new signs, because each exceeds twelve (12) square feet. J. Wood stated that staff’s opinion was that pylon signs are inappropriate in most applications within an historic area; and that the Downtown Design Review Committee and the Planning Commission both agreed, denying the request.

Paul Callihan, owner, presented his request to the Board. He stated that he would like to keep the signage consistent with other franchises.

G. Pastoria asked for public comment. There was none.

G. Pastoria closed the public hearing on this item.

G. Pastoria recommended a monument sign. Mr. Callihan suggested that it might be a motorist hazard. J. Wood added that proper placement would not impede traffic or cause pedestrian hazards.

R. Hawkins suggests that the proposed design is more appropriate for a highway than an area surrounded by an historic district.

J. Wood added that franchises usually have a set of designs that are more appropriate for use in historic districts.

J. Rockis asked the applicant if he would be interested in pursuing a more appropriate design for the area. Mr. Callihan agreed.

Discussion ensued on the recommendation of denial by the Design Review Committee and the ability of Mainstreet Morgantown to assist in alternate designs.

Motion to table the variance and conditional use requests until the August 15, 2001 meeting until Mr. Callihan works with the Planning office, Mainstreet, and the Design Review Committee to come up with an alternate design, by G. Pastoria, seconded by R. Hawkins. Motion approved unanimously.

CU01-11 / Domino’s Pizza / 300 Pleasant Street: Request by Delta Sign Company for conditional use approval for a signage in excess of 12 square feet in a B-4 District and for a free standing sign at 300 Pleasant Street. Tax Map #29 Parcel #369, a B-4 General Business District.

Request tabled previously to the August 15, 2001 meeting.

CU01-12 / Vehse / 800 Monongalia Avenue: Request by Charles Vehse for conditional use approval for home occupation at 800 Monongalia Avenue. Tax Map #25, Parcel #157, an R1-A, Single-family Residential District.

J. Wood read the staff report. He stated that Mr. Vehse proposes to begin an information management and analysis computer business specializing in the reduction and prevention of competitive collegiate sports post-game fan violence, in which all consulting will be done away from his premises or via email.

Charles Vehse presented his request to the Board.

G. Pastoria asked for public comment. There was none.

G. Pastoria closed the public hearing on this item.

Motion by R. Hawkins to accept the findings of fact as amended to add that there will not be any new construction, seconded by N. Iannone. Motion approved unanimously.

T. Shamberger made a motion to approve the home occupation conditional use request, seconded by N. Iannone. Motion approved unanimously.

CU01-13 / WV Hitt LLC / 22 Walnut Street: Request by Michael Corrigan, on behalf of WV Hitt LLC, for conditional use approval for a condo unit at 22 Walnut Street. Tax Map #26A, Parcel #16, a B-4, General Business District.

Request was not reviewed because the Planning Commission tabled it at the July meeting.

CU01-15 / Platinum Properties / Wharf District: Request by Platinum Properties for conditional use approval to allow shared parking in the Wharf District, a B-4 General Business District.

J. Wood read the staff report. He stated that Platinum Properties originally requested and was approved for a parking deck containing 469 stalls. He also stated that they would like to modify their site plan to provide a total of 419 stalls, in a combination of below ground parking under the hotel and a surface parking lot, instead of a garage. J. Wood added that the reduction of fifty (50) stalls is not an issue due to the application of the shared parking ordinance. He also added the request comes to the Board with a unanimous recommendation for approval from the Planning Commission.

Michael Castle presented the request to the Board.

G. Pastoria asked for public comment. There was none.

G. Pastoria closed the public hearing on this item.

Motion to accept the findings of fact as written by applicant by G. Pastoria, seconded by J. Rockis. Motion approved unanimously.

Motion to approve the conditional use request for shared parking by R. Hawkins, seconded by J. Rockis. Motion approved unanimously.

V01-07 / Fred Hagedorn / 280 Eureka Drive: Request by Fred Hagedorn for variance approval from the required residential rear yard setback to build within five (5) feet of the property line at 280 Eureka Drive. Tax Map #14 Parcel #305, an R-1A, Single-family Residential District.

J. Wood read the staff report. He stated that Mr. Hagedorn proposes to build within five (5) feet of the property line, a variance of fifteen (15) feet from the required twenty (20) foot rear setback. He stated that staff recommends denial because the lot is more than double the required size of lots in the R-1A District, and thus no real hardship or unusual circumstances exist.

Fred Hagedorn presented his request to the Board.

Discussion ensued on the proximity of the next house located on Morgan Avenue.

N. Iannone suggested that he perceives that this to be like a side yard setback instead of a rear yard set back due to the positioning of the house.

Public Comments

Staff Comments