MORGANTOWN BOARD OF ZONING APPEALS

MINUTES

 

January 16, 2002

 

 

6:30 P.M.                                                                                 City Council Chambers

 

 

CALL TO ORDER

 

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

 

Members Absent:  J. Rockis

 

Staff Present:  Jim Wood, Planning Director

 

 

MATTERS OF BUSINESS: 

 

The decision was made to review the December minutes at the February meeting. 

 

 

OLD BUSINESS:  NONE

 

 

 

NEW BUSINESS:

 

CU01-27 / Hishmeh / 350 High Street:  Request by Elias Hishmeh for conditional use approval for a restaurant-private club license in the B-4 District, for property located at 350 High Street.  Tax Map #26A, Parcel #110, a B-4, General Business District.

 

J. Wood read the staff report.  He stated that Mr. Hishmeh would like to utilize the lower floor of the Mediterranean Market as a reception hall and/or banquet facility.  He also added that in order to serve liquor on the lower level, a restaurant-private club license would be necessary. 

 

Discussion ensued on the license at the former location of Ali Baba.  J. Wood stated that the former location was grand fathered. 

 

Elias Hishmeh presented his request to the Board.  He added that he wanted to get a license under the name Ali Baba, Inc. doing business as Mediterrean Market and Deli.  Mr. Hishmeh stated that he would like approval for both floors because the banquet facility only sets a certain number of people and that he would use the upstairs for overflow.  He also added that his business closes at 9:00 p.m., and that liquor will only be sold at banquets. 

 

G. Pastoria stated that new private club licenses goes with the business and the grand fathered license goes with the premises. 

 

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

 

G. Pastoria closed the public hearing.

 

Motion to accept findings of fact with the change suggested by N. Iannone, to add that this is a permitted land use, seconded by R. Hawkins.  Motion approved unanimously. 

 

Motion to approve both floors for license by R. Hawkins, seconded by N. Iannone.  Motion approved unanimously. 

 

 

 

CU01-28 / Nasey, LLC / 222 High Street:              Request by Nasey, LLC for conditional use approval for a multi-family unit in the B-4 District at 222 High Street.  Tax Map #26A Parcel #138, a B-4, General Business District.

 

J. Wood read the staff report.  He stated that Nasey, LLC would like to locate apartment units in the old GC Murphy Building.  He added that the proposal is for seven units with a total of 10 bedrooms.  He also added that the ground floor would remain retail. 

 

Gregg Metheny presented the request to the Board.  He added that this space has been vacant for approximately ten years and that the historic nature of the building will be maintained. 

 

G. Pastoria read the letter submitted by Senior Monongalians in regards to sanitation problems.  Mr. Metheny responded that there will be two dumpsters located behind the building, a part time manager which will cite tenants for refuse violations, and a lease that will state this fact, and that this will aid in a proficient sanitation program.   

 

R. Hawkins added that individuals will rummage the dumpster causing sanitation problems.  Mr. Metheny showed the Board where dumpsters would be located. 

 

G. Pastoria added that the findings of fact need to be answered and that a drawing for dumpster location needs to be included, along with a solution for the sanitation problems. 

 

Motion to table request until the February 20, 2002 meeting by G. Pastoria, seconded by R. Hawkins.  Motion approved unanimously.

 

CU-29 / Kincaid / 156 Clay Street:            Request by Russell Kincaid for conditional use approval for a multi-family unit in the B-4 District at 156 Clay Street.  Tax Map #28A Parcel #38, aB-4, General Business District. 

 

J. Wood read the staff report.  He stated that Mr. Kincaid would like to convert the top floor of the La Casa Building into four one-bedroom apartments.  He also added that Mr. Kincaid was previously approved for shared parking for the apartments.

 

Russell Kincaid presented the request to the Board. 

 

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

 

G. Pastoria closed the public hearing.

 

No discussion ensued.

 

Motion to accept findings of fact as written by R. Hawkins, seconded by G. Pastoria. 

Motion approved unanimously. 

 

Motion to approve request by T. Shamberger, seconded by N. Iannone.  Motion approved

unanimously.

 

 

OTHER BUSINESS

Public Comments

Staff Comments:  J. Wood reminded the Board of the Zoning Ordinance kick off meeting. 

 

Motion made to retain the existing Chair and Co-Chair by T. Shamberger, seconded by N. Iannone.  Motion approved unanimously.  

     

ADJOURNMENT