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[00:00:05]

GO AHEAD AND CALL THE MEETING TO

[1. CALL TO ORDER]

ORDER.

CAN I GET A ROLL CALL PLEASE? PRESENT JANE LOPEZ.

PRESENT.

PRESENT CASSON.

HERE.

SHEAR EE BOOTS.

LAN PRESENT.

CHRISTINA BRINER PRESENT.

AND KEN SECOND HERE.

UH, HIT THE, THERE'S A LIGHT OFF.

OH, OKAY.

NOW IT'S WORKING.

OKAY.

[3. APPROVAL OF MEETING MINUTES]

ALL RIGHT.

UH, FINISHED ROLL CALL.

UH, WE'LL NEED APPROVAL OF THE MEETING MINUTES FOR DECEMBER 3RD, 2024.

EVERYBODY HAD THAT IN READ AHEAD.

I MAKE A MOTION TO APPROVE THE DECEMBER 3RD.

20, 24 MINUTES.

OKAY, I GOT A MOTION.

DO I HAVE SECOND? I SECOND WOULD MOTION AND SECOND.

ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

ALL OPPOSED? I DO ABSTAIN.

I WASN'T PRESENT.

ABSTAIN.

I WASN'T PRESENT.

OKAY.

ALRIGHT,

[5. NEW BUSINESS/PUBLIC HEARINGS]

MOVING ON.

THERE'S NO UNFINISHED BUSINESS.

WE'LL MOVE ON TO NEW BUSINESS.

PROJECT NUMBER 2024 DASH 1 0 4 DASH V VARIANCE.

THE PROPERTY IS LOCATED AT 4 0 1 WEST BERK STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 14 AS PARCEL 1 49.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.06, FIGURE THREE DASH FIVE D TO REDUCE THE MINIMUM REAR SETBACK FROM FIVE FOOT TO THREE FOOT.

RUTH HILL IS THE APPELLATE.

IS SOMEBODY HERE FOR RUTH? IF YOU'LL COME UP TO THE MICROPHONE, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

THANK YOU.

THANK YOU.

RUTH HILL ADDRESS? 4 0 1 WEST BOURKE STREET.

OKAY.

IF YOU'LL RAISE YOUR RIGHT HAND.

CAN I SWEAR YOU IN? DO YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.

THANK YOU.

OKAY.

CAN YOU GIVE US A SYNOPSIS OF WHAT IT IS YOU'RE TRYING TO DO? OKAY.

WHAT I'M TRYING TO DO IS PUT A GARAGE UP 28 BY 28.

IT'S A METAL GARAGE AND ALSO TO PUT IN A PARKING PAD IN FRONT OF THE GARAGE FROM THE STREET, WHICH WILL ALSO SERVE AS THE DRIVEWAY TO THE GARAGE.

THE GARAGE WOULD BE SET BACK FROM THE STREET APPROXIMATELY, I THINK 34 FEET OR SOMETHING LIKE THAT.

BUT THEY HAVE IT WITH THE PAD IN FRONT OF IT.

THE GARAGE WOULD BE SITTING ON A CONCRETE PAD AND IF THE BUILDING IS A METAL BUILDING STEEL AND IT'S, I THINK A GAUGE 26, I THINK THAT'S A HEAVIER GAUGE THAN SOME OTHER GAUGE .

BUT THAT'S BASICALLY IT.

IT'S A ONE STORY BUILDING.

UM, THERE ARE NO GUTTERS ON IT.

THAT'S THE WAY THE BUILDING IS CONSTRUCTED.

SO THERE WOULD NOT BE GUTTERS ON IT.

AND IT'S JUST STRICTLY A GARAGE LIKE NO PLUMBING OR ANYTHING'S IT STRICTLY A GARAGE.

OKAY.

YES.

AND THE REASON I ASKED FOR THIS VARIANCE, THERE IS A WALL AT THE END OF, NOT AT THE END OF THE PROPERTY, BUT RIGHT BEFORE THIS PLACE THAT I WANT TO PUT THE GARAGE.

THAT WALL WAS PUT UP MANY, MANY, MANY YEARS AGO AND IT WAS PUT UP TO SEPARATE THE HOUSE AND THE LAWN FROM THE BARN.

AND THERE WAS A BARN, I HAVE PICTURES OF IT AND I REMEMBER THE BARN AND IT'S A PRETTY WALL.

IT'S A, I GUESS IT'S LIMESTONE AND IT'S NICELY CARVED IN AND I DON'T WANNA DISTURB THAT WALL SEPARATING THE TWO PIECES OF LAND.

OKAY.

LOOK ON PAGE 18.

MM-HMM .

YEAH, I DID SEE THE PICTURES.

BUT IT IS ALL ONE LOT, CORRECT? YES, IT IS ALL ONE LOT.

THE LOT ITSELF IS, UH, A HUNDRED AND NINETY EIGHT, NINETY SEVEN FEET DEEP, INCLUDING THAT PARTIAL THAT I'M TALKING ABOUT.

OKAY.

ANYBODY HAVE ANY QUESTIONS? NO QUESTIONS? MM-HMM.

OKAY.

UM, THEN WE'LL MOVE ON TO STAFF REPORT.

PARDON? WE'RE GONNA DO STAFF REPORT REAL QUICK.

OH, OH, I'M SORRY.

.

NO, YOU'RE GOOD.

I KNOW I WAS HERE.

, UH, THE APPLICANT IS PROPOSING TO BUILD A 28 BY 28 GARAGE WITH A 28 BY 17 DRIVEWAY IN FRONT.

UH, SECTION 3 0 6, FIGURE THREE FIVE DD THREE.

REAR STEP BACK IN THE DOWNTOWN DISTRICT IS FIVE FEET MINUTES.

UH, THE APPLICANT IS ASKING TO REDUCE THAT TO THREE FEET, UM, BUT THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE SETBACKS.

UH, NO FULL INFORMATION.

THE APPLICANT HAS ALREADY GONE TO THE HPRC, SO THE AESTHETICS OF THE GARAGE AND EVERYTHING THEY WERE OKAY WITH APPROVED.

THAT'S IT.

OKAY.

ANY QUESTIONS FOR STAFF? NO.

NO? OKAY.

THEN WE'LL MOVE ON TO THE PUBLIC PORTION.

SO ANYBODY WHO WISHES TO SPEAK IN FAVOR OF THE APPLICANT

[00:05:01]

CAN PLEASE COME FORWARD, LET THE RECORD SHOW NOBODY COMING FORWARD.

ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT CAN COME FORWARD.

AGAIN, NOBODY COMING FORWARD.

THE PUBLIC PORTION IS NOW CLOSED.

OKAY.

SO FOR A VARIANCE, WE DO HAVE TO GO THROUGH THE JUSTIFICATIONS FOR A VARIANCE.

UM, WE'LL START WITH, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE.

EVERYBODY AGREE? AGREE.

IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT AND WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE.

AGREE.

AGREE.

IS THE BOARD MAKING THAT FINDING BECAUSE THE WALL WAS PREEXISTING AND THAT'S WHAT'S CREATING THE ISSUE WITH THE SETBACK? YES, I THINK SO.

YEAH.

MY PER, FROM MY POINT OF VIEW, YES.

YES.

OKAY.

IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.

YES.

AGREED.

IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.

AGREED.

OKAY.

WE HAVE GONE THROUGH ALL THE POINTS AND MET ALL THE POINTS.

UM, IF THERE'S NO FURTHER QUESTIONS FOR STAFF FOR THE APPLICANT, THEN I'LL ENTERTAIN A MOTION.

I MAKE A MOTION TO APPROVE THE VARIANCE REQUEST FOR 4 0 1 WEST BURKE STREET, PROJECT 2 0 2 4 DASH 1 0 4 DASH V TO ALLOW THREE FEET OFF THE REAR PROPERTY LINE INSTEAD OF THE REQUIRED FIVE FEET.

I SECOND.

OKAY.

I HAVE A MOTION.

AND SECOND.

ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES.

YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.

THANK YOU VERY MUCH.

I APPRECIATE IT.

THANK YOU.

ALL RIGHT, MOVING ON.

PROJECT NUMBER 2024 DASH 1 0 9 DASH SE.

SPECIAL EXCEPTION.

THE PROPERTY IS LOCATED AT 1 15, 1 17 AND ONE 19 EAST LIBERTY AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 10 AS PARCEL 4 71 4 70 AND 4 69.

THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR TOWNHOUSE DWELLING IN URBAN RESIDENTIAL DISTRICT A AND K CARPENTRY LLC SELENA FRANCO IS THE APPLICANT.

SHE'S RIGHT THERE.

OKAY.

SO WHO ALL IS GONNA SPEAK? I WANNA TRY TO DO IT.

YOU WANNA TRY TO SPEAK? YEAH.

IS ANYBODY ELSE GONNA SPEAK? UH, IF SHE GETS STUCK, I CAN HELP HIM.

OKAY.

SO DO WE HAVE TO SWEAR ON BOTH END RIGHT? YOU HAVE TO RAISE YOUR HAND.

BOTH OF YOU RAISE YOUR RIGHT HAND.

ANYBODY SPEAKING? YOU ALL SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.

YES.

OKAY.

AND CAN YOU BOTH STATE YOUR NAME AND ADDRESSES FOR THE RECORD? UH, IS, UH, MY NAME IS RA AND THE ADDRESS IS, UH, ONE 15 LIBERTY STREET ONE.

OH.

MY ADDRESS IS, UH, 69 84 WINCHESTER AVENUE AND IN WEST VIRGINIA.

OKAY? MM-HMM .

AND YOU? I'M PILAR LEE RELAND AND I LIVE AT 93 ROTTER HAM DRIVE IN HEDGES WEST VIRGINIA.

2 5 4 2 7.

OKAY.

ALRIGHT, NOW YOU CAN PROCEED.

TELL US WHAT YOU'RE TRYING TO DO.

OKAY.

UH, WELL, UH, THE LAST YEAR WE BOUGHT THE, THAT PROPERTY WITH, UH, IT WAS THREE UNIT 10 HOUSES THERE.

AND THAT'S, THAT'S WHY WE BOUGHT THE PROPERTY BECAUSE WE WANNA DO THE SAME 3, 3, 3 UNITS, 10 HOUSES.

BUT NOW I THINK THE, THE CALL IS DIFFERENT.

I NEED 40 FEET SETBACK.

I DON'T HAVE A PROBLEM WITH TWO LOTS, BUT WITH, UH, ONE 15 ONLY HAVE A 70 FEET DEEP.

SO WHEN, IF I DO THE BUILDING, THE UH, THE, WHAT I WANT TO DO IS 38 FEET ONLY.

I HAVE A, I THINK IT'S 22 FEET SETBACK IN THE BACKYARD.

OKAY.

SO YOU'RE TALKING ABOUT SETBACKS.

I DON'T THINK THAT'S ON THIS APPLICATION.

AND THIS IS JUST FOR THE USE.

IF THERE NEEDS TO BE A VARIANCE, WE'LL HAVE TO HAVE THAT PORTION COME BACK.

YEAH, THAT, THAT, THAT'S A DIFFERENT APPROVAL.

THIS ONE IS AN APPROVAL TO ALLOW THE TOWNHOUSES THEMSELVES ON THE LOT.

AND THAT'S WHAT HE'S TRYING TO DO.

HE NEEDS TO PUT THE TOWNHOUSES ON THE LOT.

YEAH, I UNDERSTAND.

BUT HE, HE WAS TALKING ABOUT SETBACKS.

WE CAN'T ADDRESS THE SETBACK IN THIS MEETING BECAUSE THAT'S A DIFFERENT APPLICATION.

YEP.

BUT WHAT, WHAT ABOUT, BECAUSE SO IT'S NO PROBLEM WITH YOU IF I DO THE, THE THREE TOWNHOUSE UNIT, THAT'S WHAT WE'RE HERE TO TALK ABOUT IS WHETHER THOSE TOWNHOUSES ARE ALLOWED BECAUSE IT REQUIRES A SPECIAL EXCEPTION IN THAT DISTRICT TO ALLOW A TOWNHOUSE UNIT ON THE PROPERTY, EVEN THOUGH THERE WAS ONE THERE PRE BEFORE YOU STILL HAVE TO GET APPROVAL.

'CAUSE THE NEW ZONING ORDINANCE DOES NOT

[00:10:01]

AUTOMATICALLY ALLOW THEM ON THAT PROPERTY.

WELL, UM, I THINK IT IS GOOD FOR THE CITY AND FOR EVERYBODY.

I MAKE IT, I WANNA TRY MAKE IT LOOK GOOD AND, YOU KNOW, I DO BUSINESS AND, BUT UH, IF IT WAS THREE UNIT, I DON'T, I WAS THINKING, AND THE, AND THE ORIGINAL IDEA, I WAS THINKING I CAN BUILD THE, THE SAME THREE UNIT.

YOU WHAT I MEAN? BECAUSE YOU LOOK THE, THE STREET, EVERYTHING IS ALL AND TRIPLES EVERYTHING.

AND UH, AND THIS SECTION I DON'T SEE THE PROBLEM, BUT I ABSOLUTELY, SO TO COME, WE CHANGED THE ZONING ORDERS.

IF YOU WANT TO PUT TOWN HOMES ON THESE LOTS, THEY'RE ALLOWED BY A SPECIAL EXCEPTION.

AND THAT'S WHY YOU'RE HERE TODAY.

AND THERE ARE SOME QUESTIONS THAT THIS BOARD HAS TO ANSWER AND IF THEY ANSWER 'EM IN THE PAUSE OR THEY'LL SAY YES, YOU CAN PUT THE TOWN HOMES THERE.

BUT IN YOUR OPENING STATEMENT TO US, YOU SAID THAT TWO OF THE THREE LOTS, YOU'RE GOOD PUTTING THE TOWN HOMES THERE, BUT ON THE THIRD LOT, BECAUSE IN THIS ZONING DISTRICT THERE IS A SETBACK REQUIREMENT.

YOU'RE SAYING THAT ONE OF THE THREE MM-HMM .

WON'T FIT ON THE LOT BECAUSE THE SETBACK IS, THERE'S NOT ENOUGH ROOM IN THE BACK THAT'S CALLED A VARIANCE.

YOU WANT US TO VARY FROM OUR ZONING ORDINANCE.

JUST LIKE MS. HILL OVER HERE, SHE GOT A VARIANCE BECAUSE SHE NEEDED TO CHANGE A SETBACK.

WHAT WE HAVE IN FRONT OF THE BOARD TONIGHT IS THE SPECIAL EXCEPTION TO ALLOW FOR TOWN HOMES IN THAT DISTRICT BECAUSE THE REQUEST FOR THE SETBACK WAS ON THE, ON AN APPLICATION, WHICH WOULD BE A VARIANCE.

WE CAN ONLY DEAL WITH CAN YOU HAVE TOWN HOMES OR NOT.

AND YES, THOUGH I'M NOT A VOTING MEMBER, I KNOW THAT AREA OF THE CITY IT WOULD BE GREAT.

OKAY.

BUT WE HAVE TO GET THEIR APPROVAL FOR THAT.

AND THEN WE HAVE TO DEAL WITH THE SETBACK.

SO TONIGHT THEY'RE LOOKING AT, IS IT WITHIN HARMONY WITH THE CITY ZONING TO HAVE THESE THREE TOWN HOMES BUILT ON LIBERTY STREET? AND I THINK THAT'S WHAT WE'RE GONNA DISCUSS TONIGHT.

TAKE PUBLIC HEARING.

OKAY.

AND THEN THEY'LL VOTE ON IT.

OKAY.

AND THEN KYLE CAN TALK TO YOU ABOUT THE VARIANCE OR THE SETBACK.

HE CAN TELL YOU WHAT YOU NEED TO DO TO GET THAT APPROVAL BECAUSE THAT YOU'LL HAVE TO COME BACK IN FRONT OF US AS WELL.

YEAH, THAT I WAS THINKING, I WAS THINKING WE WERE TALKING ABOUT IT AT THE SAME MEETING.

THAT'S WHY THEY CONFUSED BECAUSE OH, GOTCHA.

I TALKED WITH HIM AND HE EXPLAINED ABOUT THE, THE PROBLEM I HAVE WITH THE SETBACK.

I JUST CONFUSED.

BUT, UH, IT'S, IT'S FINE TO ME IF YOU, YOU GIMME THE, THE APPROVAL FOR TON HOUSE AND WE CAN COME BACK TO, TO THE SETBACK.

EXCELLENT.

OKAY.

I DON'T HAVE A PROBLEM.

GOOD.

OKAY.

SO WHAT YOU'RE TRYING TO DO IS YOU'RE TRYING TO PUT THREE TOWNHOUSES BACK ON THE LOT.

THERE WERE THREE TOWNHOUSES THERE BEFORE.

MM-HMM.

I'M GUESSING YOU GUYS DEMOED THEM AND TORE 'EM DOWN? NO, THE PREVIOUS, THE PREVIOUS OWNER DID.

YEAH, THE CITY DID.

THE CITY DID.

OH THE, OKAY.

THESE WERE PROPERTIES OWNED BY MR. BARRETT.

GOTCHA.

OKAY.

GOTCHA.

OKAY.

SO THEY WERE DEMOED AND YOU WOULD LIKE TO REBUILD IT BACK AND HAVE THREE AND EACH ONE'S GONNA BE ON ITS OWN INDIVIDUAL LOT IS WHAT YOU'RE SAYING? CORRECT.

IT'S ONE FOUNDATION.

IT'S ONE FOUNDATION.

IT'S A FIRE WRITING WALL IN BETWEEN THEM.

LIKE TYPICAL TOWNHOUSE.

YEAH.

YOU WHAT I MEAN IS IT JUST ONE SLAB? ARE YOU PUTTING IT ON A SLAB? OKAY.

MM-HMM .

SLAB AND RIGHT.

YEAH.

OKAY.

SO THAT MAKES SENSE.

BUT THEY TECHNICALLY COULD BE SOLD INDIVIDUALLY 'CAUSE THEY'RE LOTTED SEPARATELY.

YEAH.

SEPARATELY.

YES.

OKAY.

DOES ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? NOM? NO.

OKAY.

WE'RE GONNA LET STAFF TELL US THEIR REPORT.

OKAY.

YOU CAN SIT DOWN.

YEAH.

THE APPLICANT IS PROPOSING TO CONSTRUCT FREE NEW TOWN HOMES ON CURRENTLY VACANT PERSONAL LAND.

UH, THE APPLICANT IS REQUESTING A SPECIAL FOR PURSUANT TO TABLE 4.01 MARKET CURRENT ZONING ORDINANCE TO ALLOW TOWNHOUSE DWELLINGS AND IMPROVE.

AND YES, THERE WERE THREE

[00:15:01]

TOWN HOMES THERE PREVIOUSLY, BUT ONCE THEY WERE TORN DOWN MORE OR LESS THEY LOST THEIR FATHER IN.

MM-HMM.

THIS IS BRAND NEW SO.

ABSOLUTELY.

OKAY.

AND THE CITY DOESN'T SEE ANY OTHER ISSUES WITH TOWNHOUSES BEING OTHER THAN THE SETBACK, WHICH YEAH, WE WOULD, WELL WE WOULD HAVE TO SEE HIS LAYOUT.

YEAH, I KNOW.

I MEAN THE SITE PLAN AND ALL THAT, RIGHT? YEAH.

OVER TO THE YEAH, I KNOW.

I AGREE WITH THAT.

YEAH.

BUT I MEAN OTHER THAN THAT YOU DON'T HAVE A PROBLEM WITH TECHNICALLY TOWNHOUSE IS THERE.

OKAY.

OKAY.

AND I WOULD, YOU KNOW, WHEN WE DO A MOTION, I DO THINK THAT IT HAS TO BE SUBJECT TO A VARIANCE APPROVAL FOR THE ONE LOT.

WELL, WE'LL APPROVE THE SPECIAL EXCEPTION WHEN HE ACTUALLY MAKES HIS, UH, APPLICATION FOR A BUILDING PERMIT.

THAT'S WHEN THE PLANNING DEPARTMENT WOULD SAY, WELL WAIT A MINUTE, YOU'VE GOT AN ISSUE.

HE'S AWARE OF THE, WE CAN GO AHEAD AND APPROVE IF, IF THE BOARD IS, IS IN FAVOR, WE'LL JUST APPROVE THE SPECIAL EXCEPTION.

WE DON'T NEED TO MENTION THE VARIANCE.

HE IS AWARE OF IT AND THE PLANNING DEPARTMENT WILL SEE THAT.

OKAY.

WHEN THE APPLICATION IS FILED, IT WON'T MOVE FORWARD THERE.

YEP.

YEAH.

RIGHT.

OKAY.

THAT WORKS.

OKAY, SO NEXT IS THE PUBLIC PORTION.

ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD.

LET THE RECORD SHOW NOBODY COMING FORWARD.

ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD.

AGAIN, NOBODY COMING FORWARD.

THE PUBLIC PORTION IS NOW CLOSED SIMILAR TO A VARIANCE.

WE DO HAVE TO GO THROUGH THE POINTS OF A SPECIAL EXCEPTION IN ORDER TO GRANT A SPECIAL EXCEPTION.

SO I'M GONNA READ THOSE NOW.

THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSION, COMPREHENSIVE PLAN AND OF THIS ORDINANCE.

I AGREE.

AGREED.

THE LOCATION AND SIZE OF THE USE, THE NATURE AND INTENSITY OF THE OPERATIONS INVOLVED IN OR CONDUCTED IN CONNECTION WITH IT, THE SIZE OF THE SITE IN RELATION TO IT AND THE LOCATION OF THE SITE WITH RESPECT TO STREETS GIVING ACCESS TO IT, ARE SUCH THAT IT WILL BE IN HARMONY WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE ZONING DISTRICT IN WHICH IT IS LOCATED.

AGREED.

OKAY.

THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND EXTENT OF THE LANDSCAPING ON THE SITE ARE SUCH THAT THE USE WILL NOT HINDER OR DISCOURAGE THE APPROPRIATE DEVELOPMENT AND USE OF ADJACENT LAND IN BUILDINGS.

AGREED.

OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THAN WOULD BE THE OPERATIONS OF ANY PERMITTED USE, NOT REQUIRING A SPECIAL PERMIT.

AGREED.

AGREED.

PARKING AREAS WILL BE OF ADEQUATE SIZE FOR THE PARTICULAR USE, PROPERLY LOCATED AND SUITABLY SCREENED FROM THE ADJOINING RESIDENTIAL USES AND THE ENTRANCE AND EXIT DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY.

AGREED.

MA MADAM CHAIRMAN, I DON'T THINK WE TALKED ABOUT PARKING.

WHAT IS THE PARKING REQUIREMENTS FOR THIS? PARKING HAS TO BE IN THE REAR, SO THEY WOULD HAVE TO GET VARIANCE FOR THAT AS WELL.

OKAY.

SO THEY'RE GONNA NEED A VARIANCE FOR THE PARKING.

PARKING AND THE SETBACKS.

FROM WHAT I'VE SEEN SO FAR, WE, WE PROBABLY DO NEED THEM WITH OUR SPECIAL EXCEPTION.

I THINK THE YOU CAN COME UP, YOU HAVE TO COME TO THE MIC THOUGH.

HE HAS TO BE ABLE TO HEAR IT ON THE RECORDING.

I THINK YOU'RE TALKING ABOUT THE PARKING.

UM, I PLAN TO MAKE A GARAGE.

OH, ONE CAR GARAGE.

ONE CAR GARAGE.

NOT FROM THE BACK THOUGH.

KYLE FROM THE FRONT IN THE FRONT TO THE LIBERTY.

ONE CAR GARAGE, KIND LIKE THE NET AND VR HOMES.

ONE IN THE DRIVEWAY, ONE IN THE GARAGE.

THE GARAGE WOULD HAVE TO BE IN THE REAR.

THEN YOU CAN CHECK WHAT, SO YOU DON'T NEED A, A GARAGE? THAT'S THAT YOU MEAN BECAUSE YEAH, I HAVE A, A ACCESS FOR FROM THE REAR TOO.

ACCORDING TO MR. BARRETT, WHEN HE SOLD THE PROPERTY, THERE IS AN ABANDONED ALLEY BEHIND IT TO ALLOW THE REAR ENTRY GARAGES THAT HAS NOT BEEN VERIFIED YET WITH THE COUNTY.

IF YOU TELL ME THERE ISN'T.

YEAH, HE CAN DO REAR ENTRY GARAGES.

HE JUST FLIPS THE SITE.

I WAS GONNA SAY PARKING SHOULD BE A LOT ACCESS WITH AN ALLEY.

BUT IS THERE AN ABANDONED ALLEY BACK THERE? 'CAUSE YOU KNOW IT'S BROUGHT THERE, BUT I'M NOT TRYING, I'M JUST TRYING TO VERIFY.

UH, I DON'T DUNNO.

I, I, I DON'T THINK WE'VE EVER LOOKED TO SEE IF THERE WAS AN ABANDONED ALLEY THERE.

I MEAN THE CITY HAD A LOT OF DEALINGS WITH MR. BARRETT BECAUSE OF THE CONDITION OF THE PROPERTIES AND, AND OUR RAISES AND REPAIR RAISE OR REPAIR ORDERS AND HAVING TO DEMO IT.

THE ORDINANCE AS, AS KYLE POINTS OUT, WE'RE SUPPOSED TO ENTER FROM THE BACK.

IF YOU ENTER FROM THE BACK, THEN YOU DON'T NEED ANY VARIANCE GARAGE OR WHATEVER PART.

IF YOU ALL DETERMINE THAT THERE ISN'T ACCESS TO THE BACK, YOU'LL HAVE TO COME BACK WITH YOUR VARIANCE APPLICATION.

MM-HMM BUT THAT CAN BE ADDED TO THE ORIGINAL VARIANCE CAN'T

[00:20:01]

IT? YEAH, THAT THEY CAN DO BOTH OF 'EM IF THEY'RE, IF THEY'RE GOING TO MAKE AN APPLICATION FOR A VARIANCE AND THEY NEED TO GET FRONT ENTRANCE, THEY CAN DO IT ALL AT ONE TIME.

THAT WOULD BE MY SUGGESTION IS YOU COULD DO THE VARIANCE FOR THE PARKING AT THE SAME TIME AS YOU DO THE SETBACK FOR THE LOT.

ALRIGHT, THANK YOU SIR.

I WAS RECOMMENDING PUTTING IN AN APPLICATION FAR AS A PERMIT BECAUSE THEN WE CAN BREAK IT DOWN.

I VARIANCE FOR THIS VARIANCE.

MM-HMM .

SO YOU WANT HIS BUILDING PERMIT FRONT SUBJECT TO VARIANCES.

WELL GO AHEAD AND PUT IN THE PERMIT AND THEN WE'LL MAKE OUR COMMENTS ON WHAT HE WOULD NEED IN ORDER TO HAVE THIS.

OKAY, GREAT.

THANK YOU.

SO, MADAM CHAIRMAN, I THINK AS FAR AS E IS CONCERNED, THE APPLICANT HAS MADE INDICATION THAT THERE WILL BE GARAGE PARKING, WHICH WILL THEN BE SUFFICIENT PARKING DEPENDING UPON WHAT HAPPENS AS FAR AS FRONT OR OR REAR ENTRANCE.

THAT'LL BE PART OF THE VARIANCE REQUIREMENTS THAT KYLE HAS LATER.

GOTCHA.

THANK YOU.

YEAH.

PERFECT.

OKAY, LAST THING IS PUBLIC UTILITY SERVICE, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER.

WE'LL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WILL HAVE SUITABLE ACCESS THERE TOO.

AND THE PROPOSAL WILL NOT OVERBURDEN EXISTING FACILITIES OR ANY ONSITE WATER SUPPLY, SEWAGE TREATMENT OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THE PROPOSED USE.

AGREED.

AGREED.

OKAY.

LOOKS LIKE, UM, WE HAVE AGREED TO ALL THE POINTS OF A SPECIAL EXCEPTION, SO I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE THE REQUEST FOR A SPECIAL EXCEPTION AT 1 15, 1 17 AND ONE 19 EAST LIBERTY STREET PROJECT.

2024 DASH 1 0 9 DASH SE, SPECIAL EXCEPTION PURSUANT TO TABLE 4.01 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR TOWNHOUSE DWELLINGS IN THE URBAN RESIDENTIAL DISTRICT.

I SECOND IT.

GOT A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

AYE.

ALL OPPOSED, MOTION CARRIES.

SO YOU WILL GET A LETTER THAT APPROVES THE TOWNHOUSES ON THE LOT.

NOW YOU THE SETBACK, YOU'LL HAVE TO COME BACK FOR A VARIANCE ON THAT FOR THE ONE LOT, AND IF YOU WANNA DO FRONT PARKING, OKAY.

THE CITY WILL GET YOU A LETTER WITHIN 30 DAYS, BUT YOU CAN STILL GO AHEAD AND START YOUR PERMITTING PROCESS.

OKAY? YOU'RE WELCOME.

[6. DISCUSSION/ACTION ITEMS]

NEXT IS, OH, I FORGOT IT WAS THAT TIME OF YEAR.

.

CONVENIENT DISCUSSION.

ACTION ITEMS. ELECTION OF OFFICERS FOR 2025.

OKAY, SO I GUESS WE GOTTA OPEN THE TABLE OR YOU YOU GONNA DO THAT? YES.

THANK YOU.

I WAS GONNA VOTE TO KEEP THE SLATE THE SAME AS A MATTER OF CHAIRWOMAN.

THE, UH, THERE ARE TWO POSITIONS TO BE ELECTED TONIGHT.

THERE IS THE CHAIR AND VICE CHAIR.

UH, I'LL OPEN ANY NOMINATIONS FOR CHAIR.

ARE THERE ANY NOMINATIONS FOR CHAIR OF THE BOARD'S ON I'D LIKE TO NOMINATE MARY DOYE AS CHAIR.

I, I SECOND.

ARE THERE ANY OTHER NOMINATIONS? DON'T ANYBODY ELSE WANNA HEARING NONE? I'LL CLOSE THE NOMINATIONS.

.

ALL IN FAVOR OF MARY BEING REELECTED AS CHAIR AND PRESIDENT OF THE BOARD ZONING.

BILL SAY A AYE, AYE.

ALL OPPOSED SAY NAY.

CONGRATULATIONS.

THANK YOU, .

CONGRATULATIONS.

THERE IS ALSO A POSITION OF VICE CHAIR, I THINK RIGHT NOW.

JAMIE IS THE VICE CHAIR.

ARE THERE ANY NOMINATIONS FOR VICE CHAIR OF THE BOARD OF ZONING APPEALS? I NOMINATE JAMIE LOPEZ.

I PERFECT.

ANY OTHER NOMINATIONS FOR VICE CHAIR? I'LL SECOND.

JAMIE.

HEARING NONE, I HEREBY CLOSE THE NOMINATION FOR VICE CHAIR.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ALL THOSE IN OPPOSED SAY NAY.

YOUR OFFICERS HAVE NOW BEEN ELECTED.

THANK YOU.

THANK YOU.

THAT WAS EASY.

YOU'RE WELCOME.

I ALWAYS FORGET ABOUT IT IN JANUARY.

UM, NO OTHER BUSINESS.

I'LL ENTERTAIN A MOTION TO ADJOURN.

I MOVE TO ADJOURN.

ALL RIGHT.

WE GOT A MOTION IN A SECOND OR AUR.

I DIDN'T THINK THIS.