MINUTES

July 12, 2001

6:30 p.m. Council Chambers

Members Present: Mary Templeton, J. Lattanzi, B. Rasmussen, P. Esposito, T. Miller, M. Paparozzi, Ken Martis, E. Skriner, and R. Hicks, Jr.

Members Absent: J. Kraley

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

S01-06 / Panico / 252 Beechurst Street: Request by Joe Panico for site plan approval to add one (1) unit and parking to property located at 252 Beechurst Avenue. Tax Map #19, Parcel #123, Lot 27, a M-U, Mixed Use District.

J. Wood read the staff report. He stated that Mr. Panico is only required to supply two parking spaces. He also stated that the D.O.T. would not force him to remove that stall, and the City Attorney said the Commission could not make that a condition of site plan approval.

Discussion ensued on the existing parking space that backs onto Beechurst Avenue.

Joe Panico presented his request to the Commission.

P. Esposito made a motion to approve the request, seconded by J. Lattanzi. Motion approved unanimously

S00-02 / Platinum Properties / Don Knotts Blvd.: Request by Platinum Properties, LLC, for site plan modification of the hotel/conference/multi-use commercial development located off South University Avenue. Tax Map #37, Parcels #1,2 and 5, 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.

J. Lattanzi made a motion to defer the request until the conditional use for shared parking can be reviewed, seconded by M. Paparozzi. Motion approved unanimously.

The Commission reviewed the conditional use request for shared parking, and approved it. Then the Commission returned to this issue.

P. Esposito made a motion for approval of the site plan modification with the conditions that new drainage calculations and storm water control measures be provided to the City Engineer and the surface lot contain perimeter and internal landscaping according to the ordinance, seconded by T. Miller. Motion approved unanimously.

F01-05 / Bossio / High Street: Request by Bernie Bossio for façade review approval to install brackets at the Bossio Building, High Street, for purposes of holding temporary banners at various times for Main Street Morgantown.

J. Wood read the staff report. He stated that the Design Review Committee, on June 20, 2001, voted unanimously to forward a positive recommendation to the Planning Commission.

No discussion ensued.

T. Miller made a motion for approval, seconded by J. Lattanzi. Motion approved unanimously.

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. He also stated that Mr. Baron will utilize a small bench in his basement, will not display merchandise, will have set hours of operation, and will comply with all Federal and State Firearms licenses regulations.

John Baron presented his request to the Commission. He stated that he currently services and repairs his own guns.

J. Wood stated that the retail sales component of his operation would be limited to customers picking out a firearm from a catalog, having Mr. Baron order it for them, and having it delivered directly to the customer.

Discussion ensued on firearm training, gun safety, and home occupation regulations.

Henry Antonek, 628 Jones Avenue, neighbor, spoke in opposition to the request.

B. Rasmussen made a motion to forward a recommendation of denial to the Board of Zoning Appeals, seconded by T. Miller. Motion approved on a 5-3 vote.

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.

J. Wood read the staff report. He stated that Domino’s Pizza proposes to replace their existing non-conforming wall and pole sign with signage that exceeds the twelve (12) square foot threshold by 75.2 square feet. He also added that staff could support the wall sign, but finds the pole sign categorically inappropriate for the B-4 district. J. Wood stated that the Design Review Committee, on May 16, 2001, unanimously chose to forward a recommendation for denial to the Planning Commission for both signs.

Paul Callihan, owner, presented his request to the board.

Discussion ensued on the present signage, the historic district, and monument signs.

J. Lattanzi made a motion for approval, seconded by E. Skriner. Motion failed on 4-4 tie vote. The request will be forwarded to the Board of Zoning Appeals with a recommendation for denial.

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.

L. Martin read the staff report. She 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.

No discussion ensued.

M. Paparozzi made a motion to forward a favorable recommendation to the Board of Zoning Appeals, seconded by B. Rasmussen. 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.

Discussion ensued on the original request by Mr. Corrigan, first floor living quarters in a B-4 district, and if this area constituted the first floor.

J. Lattanzi stated that the ordinance prohibits first flor residential quarters in the B-4 zoning district.

P. Esposito made a motion to table the request until the August 9, 2001 meeting to clarify the existing regulations and to better determine if the floor in question is in fact the first floor of the building, seconded by J. Lattanzi. Motion approved unanimously.

F01-04 / Corbett / 76 High Street: Request by David Corbett for façade review approval for property located at 76 High Street. Tax Map #29, Parcel #3, a B-4 General Business District.

L. Martin read the staff report. She stated that Mr. Corbett is proposing a number of changes to the façade of the old Flame Steakhouse, in anticipation of opening a new restaurant called Café Bacchus. L. Martin affirmed that the Design Review Committee had reviewed and approved the plans.

No discussion ensued.

M. Paparozzi made a motion for approval, seconded by B. Rasmussen. Motion approved unanimously.

MNS01-10 J.S. Walker / 452 Melrose Street: Request by J.S. Walker for minor subdivision approval for property located along Melrose Street. Tax Map #14, Parcel #238 & 239, an R-1A, Single-family Residential District.

L. Martin read the staff report. She stated that the end result would be that each parcel would have 5,400 square feet of land, exceeding the requirement for the R-1A District by 1,400 square feet per lot.

No discussion ensued.

P. Esposito made a motion for approval, seconded by B. Rasmussen. Motion approved unanimously.

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 reported that this is the first conditional use application for shared parking under the new ordinance. He also stated that Platinum Properties currently has four major projects going on in the Wharf District: The WVU Administration Building (demand of 471 daytime-use stalls), the WVU Administration Parking Garage (will provide 743 parking stalls), the Pinion Building (demand of 11 daytime-use stalls for the office portion, 16 daytime-use stalls for retail, and 40 evening-sue stalls for the restaurant), and the Hotel / Conference Center (240 day-time stalls for Conference Center, 10 daytime-use stalls for retail, 25 daytime-use stalls for the health club, 220 evening-use stalls for the hotel, 60 evening-use stalls for the restaurant, and 52 evening-use stalls for the residential suites). In summation and using the shared parking calculations with current project use, Pinion Properties will have a potential excess capacity for 303 parking stalls.

Discussion ensued on the request.

Michael Castle, Platinum Properties, presented his request to the Commission. He stated that the request will meet the parking criteria for their present endeavors in the Wharf District. He also added that new parking plans would be submitted when new uses arise.

J. Lattanzi made a motion to forward a recommendation of approval to the Board of Zoning Appeals, seconded by M. Paparozzi. Motion approved unanimously.

MNS01-11 / Pell / 260 Ridgely Road: Request by William Pell for minor subdivision approval for property located at 260 Ridgely Road. Tax Map #14, Parcels #409, 410, & 411, an R-1A, Single-family Residential District.

L. Martin read the staff report.

No discussion ensued.

R. Hicks made a motion for approval, seconded by E. Skriner. Motion approved unanimously.

Barbara Rasmussen commented on the possible demolition by WVU of an historic building (the Masonic Lodge) in the B-4 District for parking purposes.

Discussion of text amendment to City zoning ordinance §19.E.5, Home Occupation Family Child Day Care Facility.

Discussion ensued on the text amendment; it was decided to put the item on the August agenda.

ADJOURNMENT