MORGANTOWN PLANNING COMMISSION

Minutes

July 10, 2008

6:30 PM                                                                                                         Council Chambers

MEMBERS PRESENT: Marti Shamberger, Peter DeMasters, Sam Loretta, Tim Stranko, Barbara Ferrell, Kathryn Greever, Ken Martis, Jennifer Selin

MEMBERS ABSENT: Seventh Ward Vacancy

STAFF: Christopher Fletcher, AICP

I. Call to order and roll call: Shamberger called the meeting to order at 6:30 PM

II. MATTERS OF BUSINESS:

A. Approval of June 12, 2008 minutes. Selin moved to accept the minutes as submitted; seconded by Stranko.  The motion passed unanimously with Loretta abstaining due to his absence.

III. OLD BUSINESS: None

IV. NEW BUSINESS:

A. MNS08-15 / Luci / 424 E. Brockway Avenue:  Request for minor subdivision approval for property located at 424East Brockway Avenue.  Tax Map #35 Parcel #50; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner submitted a building permit application to construct a fence on Lots 8 and 9 [NOTE: Fletcher corrected typographical error in Staff Report] and indicated that Lot 9 had been sold.  In reviewing the tax map, the Monongalia County Assessor’s website, and researching previous minor subdivision cases, it appears that a deed was erroneously recorded in April 2006 by the Monongalia County Clerk, which allowed the conveyance of Lot 9 to Candice Dillistone without Parcel 50 being properly split through subdivision approval by the Planning Commission.   Lot 9 is now being assessed at Parcel 50.1.

To rectify this error, the petitioner seeks post hoc approval of said split by deed.  Lot 8 (Parcel 50) and Lot 9 (Parcel 50.1) each meet the minimum lot area standard of 3,500 ft² and minimum lot frontage standard of 30 feet for the R-1A District.  Although the deck and steps attached to the existing structure on Lot 9 encroach into the minimum required side setback created by the parcel boundary established by deed, it appears practical to approve the subdivision rather than requiring the line to be moved at the expense and inconvenience of both parties in terms of survey work and deed preparation.

Fletcher noted that the petitioner requested that Staff represent their request because they reside out of state and could not attend the meeting.

Selin asked for some clarification on the location of the existing house and side porch.  Using the plat that was included with the application, Fletcher identified that the existing porch encroached into the required minimum side setback.

Shamberger asked for public comment, either in favor or against the petition. There being none, Shamberger closed the public comment portion of the hearing and asked for Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission President’s signature; and,

2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Stranko moved to approve the minor subdivision with conditions recommended by Staff; seconded by Martis.  The motion passed unanimously.

V. OTHER BUSINESS:

A.  PUBLIC COMMENT:

Paul Shaffer – Introduced himself and stated that he is attending several public meetings in the area to promote the formation of residential carpenters’ union.  Shaffer expressed concern with the use of foreign workers in the area and across the state and concern with the fact that contractors are not hiring union carpenters.

      B.  STAFF REPORT:

1. Fletcher read the letter of resignation from Theresa Rich and noted that the City Clerk has already initiated the process to fill the vacancy’s unexpired term.

2. Fletcher noted that the Planning Commission would be holding an educational workshop following the business meeting this evening.

Stranko moved to adjourn at 6:42 PM; seconded by DeMasters. The motion passed unanimously.