August 15, 2001

6:30 P.M. City Council Chambers

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

Members Absent: G. Pastoria

Staff Present: Jim Wood, Planning Director and Lisa Martin, Assistant Planner

T. Shamberger made a motion to approve the minutes as amended, seconded by N. Iannone. Motion approved unanimously.

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.

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.

T. Shamberger made a motion to table Domino’s requests, V01-05 and CU01-11, at the applicant’s request until the September 19, 2001 meeting, N. Iannone seconded the motion. 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.

J. Wood read the staff-report. He stated that Mr. Corrigan has proposed renovating the first floor into one additional condominium which will be consistent with the previous two in that it will be renovated with the original wood floors, exposed beam ceilings, and interior brick walls. J. Wood stated that an issue at the previous meeting was a concern that residential units were not permissible on the ground floor in a B-4 district. Another issue was the question if the proposed unit should be considered a ground floor or basement level unit. J. Wood stated that it is his opinion this unit is at the basement level, and nevertheless, found no prohibitions in the zoning ordinance concerning residential units on ground floors.

Amanda Hitt, from WV Hitt, LLC, presented the request to the Board.

R. Hawkins asked for public comments. There were none.

R. Hawkins closed the public hearing on this item.

R. Hawkins suggested that storefront apartments were not appealing in a B-4 District, but the storefront did not face the street.

N. Iannone made a motion to accept the findings of fact as written. R. Hawkins added that findings of fact to question number four should be altered to state that there will not be an increase to the size of the building or additional buildings erected, and finding of fact number five be altered to state that there would not be a substantial increase in population residing at the structure. R. Hawkins also added that finding of fact number seven should be altered to state that the value of nearby buildings would likely increase. N. Iannone changed the motion to include the aforementioned, seconded by J.Rockis. Motion approved unanimously.

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

CU01-18 / Kincaid / 156 Clay Street: Request by Russell Kincaid 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 Mr. Kincaid is required to have twenty-eight (28) stalls for the restaurant, and would like to utilize the top floor of the building by converting the space into four (4) one-bedroom apartments. He stated that the addition would require Mr. Kincaid to provide four (4) more parking stalls. J. Wood added that since residential uses and restaurant are both nighttime uses under the Shared Parking Ordinance, the maximum reduction in parking is 25%, (15% for sharing the lot and 10% for public transit proximity). He stated that the normal total parking requirement for both the restaurant and the residential is thirty-two (32) spaces, and reducing that by 25% would yield a new requirement of twenty-four (24) spaces.

Russell Kincaid presented his request to the Board.

R. Hawkins asked for public comments. There were none.

R. Hawkins closed the public hearing on this item.

T. Shamberger made a motion to accept the findings of fact as written, seconded by J. Rockis. Motion approved unanimously.

T. Shamberger made a motion to approve the conditional use request for shared parking, seconded by J. Rockis. Motion approved unanimously.

V01-08 / Collins / 517 Delaware: Request by Darlene Collins for variance approval from the required residential rear yard setback to build within six (6) inches of the property line at 517 Delaware Avenue. Tax Map #40 Parcel #253, an R-1A, Single-family Residential District.

J. Wood read the staff-report. He stated that the residential development standards require a minimum of a twenty (20) foot rear set back in an R-1A district, and Ms. Collins was requesting to build within six (6) inches of the property line at property located at 517 Delaware Street.

Darlene Collins presented her request to the board. She stated there is currently a swimming pool partially on her property and the property adjacent to the proposed site. She stated that she can not enjoy her property because she can not sit comfortably on her deck in the summer.

R. Hawkins asked for public comments. There were none.

R. Hawkins closed the public hearing on this item.

J. Wood reminded the Board that they are permitted to grant a partial request.

T. Shamberger asked the applicant if she would be willing to concur with a partial request. The applicant stated that she would concur.

N. Iannone stated that he has no objections to a partial request. However, he suggested that the findings of facts might still be difficult to answer. J. Wood stated that the lot is of a substandard size, which may sufficiently answer finding #1.

R. Hawkins read the findings of fact; all were found in the positive.

T. Shamberger made a motion to approve a partial request to build within ten (10) feet of the property line, which would be a 9’6" variance, seconded by N. Iannone. Motion approved unanimously.

CU01-16 / Christopher Snively / 5000 Green Bag Road: Request by Christopher Snively for conditional use approval for Restaurant – Private Club License in a B-5 District. Tax Map #48A, Parcel #2, a B-5, Shopping Center District.

Due to the applicant not being present, T. Shamberger made a motion to table the request for conditional use until the September 19, 2001 meeting, and if at such a time the applicant fails to appear, the request would be denied, seconded by N. Iannone. Motion approved unanimously.

CU01-17 / Connelly / 228 Walnut Street: Request by Bernard Connelly, Jr. for conditional use approval for home occupation at 228 Walnut Street Apartment B. Tax Map #29 Parcel #415, a B-4, General Business District

J. Wood read the staff-report.

Bernard Connelly presented his request to the Board. He stated that he would not have retail sales or conduct meetings at his residence.

T. Shamberger stated that this home occupation differs from the usual request in that the proposed site is in a B-4 District, as opposed to a residential, therefore foot traffic would be expected. J. Wood added that the Home Occupation section of the Zoning Ordinance did not anticipate people residing in non-residential zoning districts.

N. Iannone reminded the applicant that employees were not permitted in a home occupation.

R. Hawkins asked for public comments. There were none.

R. Hawkins closed the public hearing on this item.

R. Hawkins read the findings of fact; all were found in the positive. The Board added that no new construction or walk-in traffic would take place at the proposed site.

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

The Board decided that the regularly scheduled meeting in November would be moved to November 28, 2001.

J. Wood stated that City Council allocated additional funding for a turnkey rewrite of the zoning ordinance and that the process should start mid to late September. He stated that initially Council granted $15,000 for the task, but has increased the amount.

T. Shamberger made a motion to adjourn, seconded by J. Rockis.