MORGANTOWN BOARD OF ZONING APPEALS

MINUTES

 

March 27, 2002

 

 

6:30 P.M.                                                                                 City Council Chambers

 

 

CALL TO ORDER

 

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

 

Members Absent:  N. Iannone

 

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

 

 

MATTERS OF BUSINESS: 

 

February Minutes:  Decision made to defer until April meeting

 

 

OLD BUSINESS:

 

CU02-01 / Liberatore / 103 & 105 Jones Avenue:  Request by David Liberatore and Ernie Anderson for conditional use approval for off premise parking at 103 & 105 Jones Avenue.  Tax Map# 20 Parcels #213 & 214; an R-3, Multi-family District. 

Delay motion until the next case.

 

Applicant was not present.  CU02-01 and V02-04 were tabled at the end of the meeting.

 

 

NEW BUSINESS:

 

V02-04 / Liberatore / 103 & 105 Jones Avenue:  Request by David Liberatore and Ernie Anderson for variance approval from §12.D.1, Required Parking Area Improvements, Paving Required, which states,  “All off-street parking spaces, parking lots and loading areas and their access drives shall be paved with a durable, dust-free surface of masonry, Portland cement, asphaltic concrete, or other durable, hard-faced material approved by the City Engineer” at 103 & 105 Jones Avenue.  Tax Map# 20 Parcels #213 & 214; an R-3, Multi-family District. 

 

 

Applicant was not present.  CU02-01 and V02-04 were tabled at the end of the meeting.

CU02-03 & CU02-07 / Family Dollar / 40 High Street:  Request by Family Dollar for conditional use approval for a sign over twelve square feet and for a freestanding sign in excess of twelve square feet in the B-4 District at 40 High Street.  Tax Map #28 Parcel #75; a B-4, General Business District.

 

J. Wood read the staff report.  He stated that Family Dollar would like approval for two signs larger than twelve square feet, one of which is freestanding.  He added that one sign is a free-standing, one-sided monument style sign with a sandblasted face, a brick base, and 15 square feet in size.  He also stated that the second proposed sign is an aluminum wall sign that is 2' x 14' (28 square feet) and would be placed on the building façade facing High Street.

 

Dot Duffer, Duffer Sign Company, was available for questions. 

 

R. Hawkins asked for public comment.  There was none.  The public portion was closed. 

 

T. Shamberger made a motion to combine the conditional use requests into one motion, seconded by J. Rockis.  Motion approved unanimously.

 

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

 

No discussion ensued.

 

J. Rockis made a motion to approve the conditional use requests as presented, seconded by T. Shamberger.  Motion approved unanimously.

 

 

CU02-05 / Castle / 1117 University Avenue:  Request by Michael Castle for     conditional use approval for shared parking at 1117 University Avenue.  Tax Map     #28A, Parcel 2, 3, 4; a B-4, General Business District.

 

CU02-06 / Castle / 1117 University Avenue:  Request by Michael Castle for conditional use and site plan approval for a multi-family dwelling in a B-4 District.  Tax Map #28A Parcel 2, 3, 4; a B-4, General Business District.

 

Applicant was not present.  CU02-05 and CU02-06 were tabled at the end of the meeting.

 

 

CU02-08 & CU02-09 / WV Hitt / 22 Walnut Street:  Request by WV Hitt Properties, LLC for conditional use approval for the modification to conditional use project CU00-22 to allow for the subdivision and/ or establishment of two separate condominiums to be located on the 2nd floor and once owner-occupied condominium unit to be located on the 3rd floor at 22 Walnut Street.  Tax Map #26A Parcel #16; a B-4, General Business District. 

 

L. Martin read the staff report.  She stated that the request is for the division and/ or

establishment of two separate condominiums to be located on the 2nd floor of the

building and for one owner-occupied condominium unit to be located on the 3rd floor.

 

Michael Corrigan presented the request to the Board.  He stated that the Mon Art Gallery formerly occupied one space in the proposal, butno longer present. 

 

R. Hawkins asked for public comment. There was none.  The public portion was closed. 

 

No discussion ensued.

 

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

 

T. Shamberger made a motion to approve the conditional use requests as presented, seconded by J. Rockis.  Motion approved unanimously.

 

 

V02-03 / Wincor Properties / 263:     Request by Wincor Properties, LLC for variance approval from §12.E.23.b, Minimum Parking Spaces Required, Residential Uses, for property located at 263 Beechurst Avenue.  Tax Map #19, Parcel #22.01; a B-3, Service Business District. 

 

J. Wood read the staff report.  He stated that WinCor Properties would like to renovate an existing building to include commercial/retail space that would front Beechurst Avenue and require 4 parking stalls; and remodel the remainder of the building to include residential.  He added that the residential would be comprised of one 3-bedroom apartment, two 2-bedroom apartments, and two 1-bedroom apartments, and that WinCor may be able to provide four of the 11 spaces required, thus asking for a variance of seven spaces.   J. Wood also added that if the variance were approved, the applicant would need to come back at a later meeting and apply for conditional use for off-premise parking in order to document his ability to provide the 4 stalls.

 

Don Corwin, Jr. and Don Corwin, Sr. presented the request to the Board. 

 

Discussion ensued on surrounding property that Wincor owns.  Mr. Corwin added that he could provide some off-premise parking, and that he would be willing to meticulously look for other options.  Mr. Corwin also added that the building is in extreme disrepair and if Wincor did not renovate, the building would eventually be torn down. 

 

J. Rockis added that the Board rarely grants a parking variance.  Discussion ensued on various uses and configurations for the building that would reduce the parking requirement.  Mr. Corwin added that Wincor would like to retain the retail space on Beechurst Avenue.  J. Rockis asked for clarification on nonconforming uses.  J. Wood stated that had the building not been vacant for more than a year, a new tenant similar to the previous one could have moved in and the parking requirement would not matter.  He also added that grandfathered status goes with the property. 

 

Discussion ensued on guidance to the applicant. 

 

R. Hawkins asked for public comment.  There was none.  The public portion was closed. 

 

R. Hawkins made a motion to table the request until April 17, 2002, seconded by T. Shamberger.  Motion approved unanimously. 

 

 

V02-02/ Moser / 153 Mineral Avenue:  Request by George Moser for variance approval from the Table 2, Residential Development Standards, minimum front yard setback for property located at 153 Mineral Avenue.  Tax Map #24 Parcel #327; an R-1A, Single-family Residential District.

                                                                                             

Applicant requested that the request be tabled. 

 

J. Rockis made a motion to table the following requests:  CU02-01 & V02-04 / Liberatore, CU02-05 & CU02-06 / Castle, and V02-02 / Moser until the April 17, 2002 meeting, seconded by T. Shamberger.  Motion approved unanimously. 

 

 

OTHER BUSINESS

Public Comments:

Dan Nagowski, 1125 University Avenue, stated that he had concerns with regards to the requests made by Michael Castle and the impact of traffic on University Avenue. 

 

 

Staff Comments: None

 

     

ADJOURNMENT