[00:00:01]
OKAY.[1. CALL TO ORDER]
OKAY.SO WE'LL GO AHEAD AND CALL THIS MEETING TO ORDER.
SHERRY, IT'S LIKE BEING AT A CASINO.
THEY DON'T PUT CLOCKS IN THERE EITHER.
WE'LL GO AHEAD AND DO A ROLL CALL.
[3. APPROVAL OF MEETING MINUTES]
UM, LOOKS LIKE THE NEXT THING ON THE AGENDA IS APPROVAL OF THE MEETING MINUTES FOR JANUARY 7TH, 2025.IF EVERYBODY HAD A CHANCE TO LOOK AT THAT IN THE READ AHEAD, I'LL ENTERTAIN A MOTION.
I MOVE TO ACCEPT THE, UM, MINUTES.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
[5. NEW BUSINESS/PUBLIC HEARINGS]
BUSINESS.WE'LL MOVE ON TO NEW BUSINESS.
PROJECT NUMBER 2024 DASH FOUR DASH V.
THE PROPERTY IS LOCATED AT 1105 CIRCLE DRIVE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 17 AS PARCEL 4 1 4.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH FOUR D1 TO EXCEED THE MAX FRONT SETBACK OF 50 FOOT FROM THE REAR TO ALLOW FOR 77 FEET.
IF YOU COULD COME FORWARD, PLEASE.
STATE YOUR NAME AND ADDRESS IN THE RECORD.
YOU WANT ME TO STATE, WHAT WAS THAT? UH, STATE, THE 1105 CIRCLE DRIVE.
NO, YOUR ADDRESS, YOUR NAME AND ADDRESS.
CHARLES M. LANE THREE 80 MAP LANE MARTINSBURG, WEST VIRGINIA.
THAT'S JUST FOR THE RECORD IF THEY NEED TO GET A HOLD OF YOU.
AND IF YOU COULD GIVE US A SYNOPSIS OF WHAT IT IS THAT YOU'RE TRYING TO DO.
I SWEAR, UM, I HOLD, I SENT YOU PICTURE ON, SORRY, I FORGOT.
F RAISE YOUR, YOUR RIGHT HAND.
YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
I FORGOT THAT, UH, I TOOK SOME PHOTOS, WHICH WOULD PROBABLY, UH, BETTER SHOW YOU WHAT IT IS I'M TRYING TO ACCOMPLISH.
IF YOU LOOK AT THE HOUSE, UH, FROM THE TOP OF THE HOUSE, YOU ONLY SEE ONE STORY.
IT'S A TWO STORY HOUSE, SO IT'S BELOW GRADE.
THE BOTTOM IS AS YOU COME DOWN THE DRIVEWAY AND COME AROUND, IT'S ALL ASPHALT.
AND THAT'S WHERE I WANT THE POLE BARN RIGHT THERE.
AS YOU PULL RIGHT INTO IT, IT'S GONNA SERVE AS A GARAGE OR STORAGE.
UH, THE LOCATION THAT YOU WANT ME TO PUT IT, I WOULD HAVE TO LITERALLY TEAR DOWN EVERY TREE IN MY YARD, LOSE ALL MY PRIVACY.
THE EXPENSE WOULD BE PROBABLY ABOUT 20 SOMETHING THOUSAND DOLLARS TO DO THAT.
UH, YOU COULD SEE THE TREES HAVE BEEN THERE FOR QUITE SOME TIME AND IT WOULD EXPOSE ALL THE, ALL THE NEIGHBORS TO THE POLE BARN BECAUSE THERE'S PROBABLY ONLY GONNA BE ONE PERSON THAT'LL ACTUALLY SEE THE POLE BARN WHEN I GET DONE BUILDING.
AND I DON'T EVEN THINK YOU'LL SEE IT FROM THE ROAD UP TOP 'CAUSE IT'S BELOW GRADE, BUT I WOULD LITERALLY HAVE TO TAKE THE POOL, PUMP OUT FOR THE POOL, REMOVE ALL THE TREES.
I HAD A PRICE FOR REMOVING TWO OF THE TREES.
I THINK IT WAS 4,700, BUT I'D ALMOST HAVE TO GET RID OF ALL OF 'EM.
THERE'S FIVE OF 'EM THERE AND THEY'RE RATHER LARGE.
AND I LIKE 'EM BECAUSE THEY GIVE ME PRIVACY.
SO WHAT YOU'RE TRYING TO DO IS YOU'RE TRYING TO PREVENT FROM GETTING RID OF VEGETATION IN THE YARD.
WELL, IT WOULD EXPOSE ME, UH, I WOULD LOSE ALL MY PRIVACY AND, AND IT WOULD EXPOSE EVERYONE TO THE POLE BARN TOO.
THERE NOT A LOT OF PEOPLE WON'T SEE THE POLE BARN EXCEPT FROM MY IMMEDIATE NEIGHBOR TO THE RIGHT OF ME.
AND THE POOL PUMP, EVERYTHING WOULD'VE TO BE IT, IT'D TAKE UP MY WHOLE YARD.
AND THIS, IF YOU LOOK AT IT RIGHT NOW, IS WHEN YOU COME DOWN BELOW THE HOUSE, YOU, YOU'RE GONNA PULL RIGHT INTO IT.
'CAUSE IT'S ALL ASPHALT RIGHT THERE.
SO IT SEEMS LIKE THE LOGICAL PLACE TO PUT IT.
UM, WHAT IS IT THAT I'M SEEING THERE? WAS THERE SOMETHING THERE BEFORE? WAS THERE SOMETHING PULLED OUT LIKE DEMOLISHED OR I I MOVED IT, IT WAS A LITTLE SHED.
YOU COULD SEE A, SOME RES OF IT TO THE RIGHT.
I'M GONNA RE-PUT IT, I'M GONNA PUT IT BACK TOGETHER.
I, I PUT IT, TORE IT DOWN TO THE SKELETAL STRUCTURE JUST TO RELOCATE IT BECAUSE THAT'S WHERE I WANTED TO PUT THE POLE BARN.
WHAT'S THE SIZE OF THE SHED? 24 BY 30.
THE POLE BARN IS, UM, AND THE ONE THAT YOU TORE DOWN THAT YOU'RE GONNA REPLACE? UM, MY 10 BY 10.
ANY OTHER QUESTIONS? NO QUESTIONS.
WE'LL MOVE ON TO STAFF REPORT.
THIS PROPOSING TO INSTALL EIGHT BY 30, HOLD ON.
77 FEET FROM THE REAR OF THE PROPERTY LINE ATTACHING TO THE EXISTING DRIVEWAY, THE OUTBUILDING SETBACK FIGURE THREE DASH FOUR D ONE FRONT SET REQUIRES
[00:05:01]
MORE THAN 50 FEET FROM THE REAR OF THE PROPERTY LINE IN THE SR TWO DISTRICT.UH, THE IMPERVIOUS COVERAGE IN THE SR TWO DISTRICT MAX IS 50%.
UH, WITH THE NEW COMAR, IT WOULD BE AT 31%.
UH, THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE SENTENCE.
WE'LL MOVE ON TO THE PUBLIC PORTION.
ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD.
LET THE RECORDS SHOW NOBODY COMING FORWARD.
ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
SO IN ORDER TO GRANT A VARIANCE, WE HAVE TO GO THROUGH THE JUSTIFICATION FOR A VARIANCE.
ANYBODY HAVE ANY QUESTIONS BEFORE WE DO SO? NO.
FIRST ONE IS IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE.
IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES.
ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT AND WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
UM, WE HAVE MET ALL POINTS OF THE VARIANCE, SO I'LL ENTERTAIN A MOTION.
UM, I UNDERSTANDING THAT THE SETBACKS ARE GOING TO HAVE TO BE MAINTAINED ANYWAY AND THAT THERE'S AN EYE BEING KEPT ON THE IMPERVIOUS COVER.
FOR THAT PARCEL I MAKE THE MOTION TO APPROVE THE VARIANCE REQUEST FOR 1105 CIRCLE DRIVE PROJECT 2024 DASH ONE 14 DASH V TO EXCEED THE FRONT SETBACK REQUIREMENT FOR AN OUTBUILDING IN THE SR DASH TWO DISTRICT OF 50 FEET MAX FROM THE REAR TO ALLOW FOR A 77 FOOT FROM THE REAR.
I HAVE A MOTION TO HAVE A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
NEXT PROJECT IS NUMBER 2025 DASH ONE DASH V.
THE PROPERTY IS LOCATED AT FIVE 13 SOUTH SPRING STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 18 AS PARCEL 1 26.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04 FIGURE THREE DASH TWO F1 TO ALLOW FOR FRONT PARKING TRIPLE CROWN CONSTRUCTION.
IF YOU COULD, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY ADDRESS IS 2 7 7 1 BUTLERS CHAPEL ROAD.
YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE US THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
IF YOU CAN GIVE US A SYNOPSIS OF WHAT YOU'RE DOING.
DO YOU ALL HAPPEN TO HAVE A COPY OF THE PLAT OR WHAT THAT LOT 1 26 LOOKS LIKE? YES.
UM, SO IN, UH, WE GOT THE SURVEY, EVERYTHING FINISHED UP THERE IN UH, SEPTEMBER.
AND WHAT I'M LOOKING TO DO, WE DO NOT HAVE AN ALLEYWAY ON THIS PARTICULAR, ON THIS PARTICULAR LOT.
THE NEIGHBORING LOTS ARE ALL USING, UH, FRONT DRIVEWAYS.
UM, REALLY IT'S CREATING QUITE A HARDSHIP TO DO ANYTHING WITH THE LOT BASED OFF OF THE ZONING.
SO MY GOAL IS TO BE ABLE TO PARK IN THE FRONT OF THE, OF THE HOUSE.
SO FROM THE LOOKS OF THE LOT, IT LOOKS LIKE YOU WOULD HAVE TO DOWNSIZE THE HOUSE TO ALLOW A PATHWAY AROUND BACK IF THE FRONT WASN'T ALLOWED.
WHAT? UM, YEAH, I DON'T KNOW THAT WE, WE WOULD BE ABLE TO DO THAT BASED OFF THE, THE LOT SIZE ALREADY.
'CAUSE WE HAVE THE LOTS AS SMALL AS WE CAN TO MEET THE, THE ZONE ITSELF ANYWAYS.
IN ORDER, ORDER TO PARK AROUND THE REAR, WE WOULD'VE TO COMPLETELY, YOU WOULD HAVE TO PUT A DRIVEWAY ON YOUR PROPERTY AROUND THE BACK OF THE HOUSE, WHICH WOULD MINIMIZE THE SIZE OF THE HOUSE.
AND IT ALSO WOULDN'T IT, YOU KNOW, WOULDN'T SERVE.
I THINK THE WAY I READ THE ZONE, I, I BELIEVE IT'S IN ORDER TO, UH, SERVICE THE REST OF THE NEIGHBORHOOD AND ME PUTTING OUR OWN DRIVEWAY, IT REALLY WOULDN'T SERVICE THE REST OF THE, UH, STREET THERE AND IT WOULD BE MUCH DIFFERENT THAN THE REST OF THE STREET, THE NEIGHBORING PROPERTIES.
IT IS PROPOSING TO BUILD A NEW SINGLE FAMILY HOME ON A
[00:10:01]
A VARIANCE TO THE PARKING PROVISIONS ON FIGURE THREE DASH TWO FF ONE TO ALLOW FRONT PARKING AS THE CURRENT PARKING PROVISION ONLY ALLOWS FOR PARKING IN THE REAR AND PARKING SHOULD BE ACCESSED BY AN ALLEY IN THE URBAN RESIDENTIAL THREE DISTRICTS.UM, YOU'LL STILL HAVE TO MAINTAIN THE REST OF THE SETBACKS, BUT THE NOTABLE INFORMATION IS, IS THERE IS NO, UH, REAR ALLEY ACCESS TO THIS PROPERTY.
THE ION RULE BE REQUIRED AS A LOT DOESN'T CURRENTLY HAVE OCCURRED.
HOW MANY PARKING PLACES ARE YOU GONNA LIKE SUPPLY FOR OUT FRONT? THE DRIVEWAY WILL BE, IT'LL BE APPROXIMATELY 18 BY, I'D SAY ABOUT 28 TO 32 FEET LONG.
SO ENOUGH TO PARK ABOUT THREE VEHICLES ON.
UM, THEN WE'LL OPEN 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.
SO AGAIN, WE HAVE TO GO THROUGH THE JUSTIFICATION FOR A VARIANCE.
NUMBER ONE, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS A RESIDENCE.
THINK WE CAN AGREE WITH THAT? I 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.
WOULD ELIMINATE AN UN AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
OKAY, THEN I'LL ENTERTAIN A MOTION.
I'LL MAKE THE MOTION TO APPROVE A VARIANCE REQUEST FOR FIVE 13 SOUTH SPRING STREET PROJECT 2025 DASH ONE DASH B TO ALLOW FOR FRONT PARKING.
DO I HAVE A SECOND? I'LL SECOND IT.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY IN 30 DAYS.
ALRIGHT, THANK YOU ALL FOR YOUR TIME.
ALL RIGHT, SO THIS NEXT ONE HAS, UH, MULTIPLE VARIANCES.
SO WE WILL HAVE TO GO THROUGH THEM ONE BY ONE SO THEY CAN BE VOTED ON.
THIS ONE IS PROJECT NUMBER 2025 DASH TWO DASH V.
THE PROPERTY IS LOCATED AT 1617 WEST KING STREET AND IDENTIFIED ON THE BERKELEY COUNTY TAX MAP EIGHT AS PARCEL 53.
THE APPLICANT IS REQUESTING ONE OF THE VARIANCES.
UM, FIGURE THREE DASH NINE F1 TO ALLOW FOR PARKING IN ALL LAYERS.
THE APPLICANT UM, IS KELLY BROWN.
IF YOU COULD PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I AM REPRESENTING INTEGRITY FEDERAL SERVICES ON BEHALF OF THE APPLICANT.
IF YOU CAN RAISE YOUR AND OUR ADDRESS IS 1 48 SOUTH QUEEN STREET.
AND RAISE YOUR RIGHT HAND PLEASE.
YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
IF YOU CAN PLEASE EXPLAIN TO US WHAT IT IS THAT, UH, YOU'RE TRYING TO DO.
SO FOR THIS PARKING SETBACK, UM, PARKING VARIANCE, WHAT WE'RE LOOKING TO DO IS APPROVE PARKING IN ALL LAYERS.
CURRENTLY IT IS ALLOWED IN THE THIRD LAYER BASED ON THE ZONING DISTRICT.
THIS IS AN EXISTING NON-CONFORMITY IN ITS CURRENT CONDITION.
THIS IS THE SHEETS OUT THERE ON KING STREET.
SO WE KNOW THAT'S A, THAT'S A TIGHT SPOT.
THERE'S A LOT OF EXISTING NONCONFORMITIES ON THAT LOT.
THIS HAPPENS TO BE ONE OF THEM.
UM, WHAT WE ARE PROPOSING HERE WOULD BE AN IMPROVEMENT TO THAT NON-CONFORMITY.
SO THE DEGREE OF WHICH IT IS NON-CONFORMING WILL BE IMPROVED.
UM, HAPPY TO ANSWER ANY QUESTIONS, BUT AGAIN, IT'S JUST TO ALLOW PARKING IN ALL LAYERS AS IT CURRENTLY EXISTS.
ARE YOU STILL GONNA HAVE THE EXIT OVER, OUT INTO THAT OTHER ALL POINTS OF ENTRY WILL REMAIN THE SAME.
THAT'S NONE OF THOSE WILL CHANGE.
NONE OF THOSE WILL CHANGE? NO.
UM, THE APPLICANT WILL STILL HAVE TO MAINTAIN REST AT
[00:15:01]
OKAY.AND THE CITY HAS NO OBJECTIONS TO ANY HAZARDS OR ANYTHING, THEN IT MIGHT CAUSE NOT THAT WE CAN SEE.
ALL RIGHT, THEN WE WILL OPEN 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.
THE PUBLIC PORTION IS NOW CLOSED.
ALL RIGHT, SO WE'RE GONNA HAVE TO GO THROUGH THE JUSTIFICATIONS AGAIN.
UM, JUST KEEP IN MIND THIS IS FOR THE PARKING ONLY IN ALL AIRS, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENTS.
IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AND WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE.
IS THAT BASED ON THE FACT THAT IT WAS, IT'S CURRENTLY THAT WAY? THAT'S HOW I, LOOKING AT THE SPECIAL CIRCUMSTANCES, THAT'S HOW I'M LOOKING AT IT.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
THIS IS, SORRY, I HAVE ALL THIS TOGETHER.
I KNOW WE'RE LOOKING, WE'RE LUCKY.
I'M SURE YOUR STAFFER PART IS GONNA BE HARD
IT'S REALLY TOUGH TO TRY TO SEPARATE IT.
ANYBODY WANNA MAKE A MOTION? IF I MIGHT SUGGEST THAT A MOTION WOULD BE TO GRANT THE VARIANCE FOR ONE FIGURE 3.9 F1 TO ALLOW FOR PARKING IN ALL AREAS.
I MAKE THAT MOTION BASED ON WHAT HE SAID.
AND UH, SO WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR SIGNIFY BY SAYING AYE.
AND I'LL JUST GO AHEAD AND TELL YOU YOU'LL GET A LETTER WITHIN 30 DAYS.
THIS IS FOR ANY OF 'EM THAT ARE APPROVED OR DENIED, SO I DON'T HAVE TO TELL YOU EVERY TIME.
2025 DASH TWO DASH V 1617 WEST KING STREET.
I'M NOT GONNA REPEAT THE WHOLE THING OVER AGAIN, BUT THIS VARIANCE IS GONNA BE FOR FIGURE THREE DASH NINE C1 TO EXCEED MAX BUILDING SETBACK OF 16 FEET.
DO I, YOU DON'T HAVE TO GET SWORE IN AGAIN.
UM, SO YOU CAN JUST GO AHEAD AND TELL US, AND I SHOULD HAVE STARTED WITH THIS, UH, JUST BRIEF OVERVIEW OF WHAT IS HAPPENING OUT THERE.
SO THE EXISTING STORE IS BEING REBUILT, SO NOTHING IS REALLY CHANGING TOO MUCH OUT THERE.
UM, A FEW THINGS ARE BEING IMPROVED SUCH AS A DA ACCESSIBILITY, UM, JUST REALLY BRINGING THINGS UP TO, TO MODERN STANDARDS OVERALL IMPERVIOUS SURFACE FOR THE SITE IS ACTUALLY DECREASING.
SO OVERALL, WE FEEL THAT THIS IS AN IMPROVEMENT FOR THE PARCEL THAT WE'RE LOOKING AT.
UM, THERE'S LOTS OF INTRICACIES AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU GUYS HAVE, BUT I WILL NOW KEEP IT SPECIFIC TO THESE VARIANCE REQUESTS.
UM, SO FOR THIS ONE, IT IS THE BUILDING SETBACK.
SO AGAIN, THIS IS AN EXISTING NON-CONFORMITY ON THE SITE.
WE'RE LOOKING TO MAINTAIN THAT SETBACK.
UM, AND THE DEGREE OF WHICH, UM, IS ACTUALLY SLIGHTLY IMPROVING AS IT'S COMING FORWARD.
ARE YOU GONNA HAVE DRAFT THROUGH WINDOW OR ANYTHING OUT THERE? NO.
SO THE, THE BUILDING WILL BE MAINTAINED PRETTY MUCH AS IT CURRENTLY EXISTS.
THE KITCHEN WILL BE UPGRADED, SO THEY'RE STILL GONNA DO THE MTO EVERYTHING OUT THERE.
UM, BUT THEY'LL HAVE A MUCH BETTER KITCHEN FACILITY THERE FOR THEIR WORKERS.
UH, THE APPLICANT IS REQUESTING A VARIANCE PURSUANT DEPARTMENT FOR ZONING ORDINANCE SECTION THREE DASH ZERO EIGHT FIGURE THREE NINE, UH, TO EXCEED THE MAXIMUM FRONT SETBACK OF 16 TO 160.
AND OF COURSE, THEY'LL STILL HAVE TO MAINTAIN THE REST OF SETBACKS.
WE'LL OPEN THE PUBLIC PORTION.
ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD.
LET THE RECORD SHOW NOBODY COMING FORWARD.
[00:20:01]
WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD.THE PUBLIC PORTION IS NOW CLOSED.
AGAIN, WE'LL GO THROUGH THE VARIANCE POINTS.
IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE.
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.
AGREED IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
OKAY, SO WE HAVE MET ALL THE POINTS.
I, I WOULD SUGGEST THE MOTION TO SAY THAT.
MOTION TO GRANT THE VARIANCE FOR FIGURE 3.9 C ONE TO EXCEED THE MAXIMUM BUILDING SETBACK OF 16 FEET TO WHAT WAS 165 FEET.
ANYBODY WANNA SHOUT AT THIS? I'LL MAKE THE MOTION
WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
UH, AGAIN, THIS IS 2025 DASH TWO DASH V 1617 WEST KING STREET.
THIS VARIANCE IS FOR FIGURE THREE DASH NINE C5 TO HIVE FRONTAGE BUILD OUT FRONTAGE, BUILD OUT AT LESS THAN 75%.
SO THIS IS ANOTHER EXISTING NONCONFORMITY ON THE SITE, UM, THAT IS BEING SLIGHTLY IMPROVED JUST DUE TO THE SPECIFIC ARCHITECTURE OF THE BUILDING.
UM, THEY'RE LOOKING TO MAINTAIN THE, UM, BUILDING'S ORIENTATION AND FRONTAGE BUILD OUT THERE.
WE FEEL THAT IT IS IN SUBSTANTIAL CONFORMANCE WITH THE SURROUNDING LOTS AND THIS IS A NON-CONFORMITY THAT IS BEING IMPROVED IN THIS CONDITION.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARK FOR ZONING.
SECTION 3.08, F 39, UH, C FIVE FOR THE BUILDING'S FRONTAGE OR THE BUILDING.
THE FRONTAGE BUILD OUT AT LESS THAN 75%.
IT'LL ACTUALLY BE 50% IS WHAT WAS STATED ON THE APPLICATION.
THE APPLICANT WILL PLAN, MAINTAIN THE REST OF THE SETBACKS.
KYLE, IN, IN THE DESCRIPTION THAT'S ON THE, IN THE, UM, AGENDA, IT THEN SAYS, AND TWO VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.06.
IS THAT VARIANCES THAT NEED TO BE GRANTED TO ALLOW FOR THE LESS THAN 75% OR IS THAT A NO, THOSE ARE SIGNS.
SO THAT'S ANOTHER, THAT'S ANOTHER, YEAH.
YEAH, I THINK I HAD TRIED TO AND TWO VARIANCES PURSUANT TO SECTION SIX POINT.
I'M JUST TRYING TO TIE 'EM ON
I THOUGHT IT WAS A DIFFERENT SECTION.
I THOUGHT IT WAS A DIFFERENT SECTION, BUT I THOUGHT WELL, MAYBE YOU THOUGHT WE WERE GONNA DO THIS ALL IN ONE.
DIDN'T HE HOPED I WAS HOPEFUL HE WAS HOPING WE'D AT LEAST DO ONE SECTION NEXT TIME I'LL ED ALL THAT.
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.
THE PUBLIC PORTION IS NOW CLOSED.
SO THIS IS THE VARIANCES JUSTIFICATION FOR A VARIANCE.
AND THIS IS FOR THE FRONTAGE BUILD OUT AT LESS THAN 75%, IT WILL BE AT 50%, CORRECT? THAT'S CORRECT.
AND I JUST CLOSE MY THING HERE.
IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.
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.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
IT WILL, UH, WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
OKAY, THEN I WILL ENTERTAIN A MOTION.
[00:25:01]
THE MOTION.I'M GONNA ACTUALLY DO IT MYSELF THIS TIME.
I'M GONNA TRY, I'D LIKE TO, UM, MAKE A MOTION THAT WE, UH, GRANT THE VARIANCE FOR, LET ME SEE,
DO I HAVE A SECOND? I SECOND IT.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
THE NEXT ONE IS PROJECT NUMBER 2025 DASH TWO DASH V 1617 WEST KING STREET.
THIS ONE IS A VARIANCE, UH, FOR MARTINSBURG ZONING ORDINANCE SECTION 6.06 C 0.12, EXCEED APRON, CANOPY AND LETTERING HEIGHT.
OKAY, SO, UM, WHAT WE'RE LOOKING FOR HERE, THE CANOPY IS WHAT IS OVER THE FUEL ISLANDS.
SO THAT'S WHAT WE'RE TALKING ABOUT HERE.
UM, THE EXISTING CANOPY IS CURRENTLY 48 INCHES THICK.
UM, THE REQUIREMENT IS 12 INCHES.
SO IT'S A SIGNIFICANT DIFFERENCE THERE.
UM, THE CURRENT CANOPY IS ALSO ILLUMINATED, WHICH MAKES IT STAND OUT MUCH MORE.
UM, WHAT WE ARE PROPOSING OUT THERE IS A 26 INCH CANOPY.
SO THAT CON, YOU KNOW, THE DEGREE OF CONFORMITY IS IMPROVING THERE.
UM, AND IT IS NOT ILLUMINATED.
SO OF COURSE THERE WILL BE LIGHTING UNDERNEATH FOR THE FUEL CANOPIES, BUT THERE WILL BE NO, THE CANOPY WILL NOT BE ILLUMINATED ITSELF.
UM, AND THEN THE LETTERING HEIGHT, SO THE CURRENT REQUIREMENT IS NINE INCHES.
THE CURRENT LETTERING IS, I CAN'T SPEAK TO EXACTLY WHAT IT IS, BUT IT'S GREATER THAN A FOOT.
SO I WOULD WANNA SAY IT'S ABOUT 12 INCHES OR MORE.
UM, SO THE PROPOSED LETTERING HEIGHT IS 18 INCHES.
WE FEEL THAT THE, UM, PROPORTIONS THERE WITH WHAT WE'RE PROPOSING ARE AESTHETICALLY PLEASING AND THEY ARE IN LINE WITH CORPORATE STANDARDS FOR SHEETS.
IT IS ALSO IN LINE WITH WHAT YOU SEE OUT ON THE ROCK 45 SHEETS AND ALL OTHER REDEVELOPMENT PROJECTS THAT HAVE HAPPENED IN THE AREA AS OF LATE.
THIS IS THEIR, THEIR STANDARD CANOPY.
UM, SO WHAT THEY'RE LOOKING FOR HERE IS THE VARIANCE AGAINST THIS, UM, EXISTING NON-CONFORMITY, WHICH IS BEING IMPROVED.
OKAY, SO MY QUESTION WITH THAT IS, IS IT THE 18 INCHES? IS THAT WHAT YOU SAID? THAT IS WHAT THE LETTERING HEIGHT WILL OH, SORRY.
IT LOOKS LIKE THESE MIGHT, THESE NUMBERS HERE? YES.
SO 18 INCHES OF LETTERING, 26 INCHES OF CANOPY HEIGHT.
OKAY, WELL I JUST KNOW THE, THE LETTERING, I THINK WE HAVE TO PUT IT IN THE ORDINANCE.
THE MAX, RIGHT? IF WE'RE GONNA APPROVE IT, IT SHOULD SAY WITH A MAXIMUM HEIGHT OF INCHES.
WELL, I THINK THEY'RE ASKING FOR A VERY, ACTUALLY IN THE, UH, ORDINANCE LETTERING HEIGHT IS IT'S NINE INCHES.
SO THEY'RE ASKING FOR, SO IN THE, IF THE VARIANCE IS GRANTED, IT WOULD BE A VARIANCE FROM THE NINE INCHES TO 18 ALSO.
WE NEEDED THE HEIGHT OF THE LETTERING TO SPECIFY IT IN.
THE GRANTING OF THE, OKAY, I JUST, THE CAN D IS GONNA BE, THE REQUIREMENT IS 12, IT'S GONNA GO TO 26 AND THE LETTERING IS NINE AND IT'S GONNA GO TO 18.
ANY OTHER QUESTIONS? NO, NO STAFF.
SO THE APPLICANT IS, UH, PROPOSING A VARIANCE TO THE MARTINSBURG ZONING ORDINANCE SECTION 6.06 TO EXCEED THE CANOPY HEIGHT OF THE REQUIREMENT IS 12 INCHES TO ALLOW FOR 26 INCHES AND THE LETTERING HEIGHT OF NINE INCHES, WHICH IS REQUIRED AND TO GO TO 18.
UH, AND THE SECTION IS UNDER C CAMPY AND AWNING SIGNS.
NOW WITH THIS, UM, AS THE ORDINANCE IS WRITTEN, IT, IT SAYS THAT IT SHALL NOT EXCEED 12 INCHES IN HEIGHT AND THE LETTERING IS, SHALL NOT EXCEED NINE INCHES.
NOW FROM WHAT I'M LOOKING AT IS, IS A GAS STATION CANOPY IS DIFFERENT THAN LIKE A CANOPY DOWNTOWN.
AND I WOULD SAY THAT THAT'S WHAT THIS WAS MORE TAILING TO FAR AS IT BEING 12 INCHES IN HEIGHT AND THE LADDER'S ONLY BEING NINE INCHES.
BUT THERE'S NO OTHER DEFINITION FOR A GAS STATION CANOPY.
IT JUST DOESN'T SEEM LIKE IT'S WE CLEAR.
AND, AND IT ALSO CURRENTLY, YOU SAID THE CANOPY'S 48 INCHES.
SO IT'S ACTUALLY BECOMING MORE COMPLIANT.
SO SIMILAR TO TO YOUR ALL'S FINDINGS IN THE PREVIOUS ONES WHERE,
[00:30:01]
YOU KNOW, TALKS ABOUT, UH, NOT BEING CAUSED BY THE APPLICANT, I MEAN THE CONDITIONS CURRENTLY EXIST, SO I THINK THAT'S HOW WE CAN DEAL WITH IT.UM, IN PROPORTIONATELY NINE TO 12, 18 TO 26 IS ABOUT THE SAME PROPORTION.
SO IT'S BASICALLY PROPORTION TO WHAT, UM, THE ORDINANCE IS REQUIRING.
YOU'RE NOT HAVING LETTERS THAT ARE BEYOND THE SIZE OF THE CANOPY.
UM, I WAS JUST GONNA SAY THAT, UM, THAT, UH, THE, GIVEN ITS PROXIMITY TO THE EXIT RAMPS OF I 81, AS KYLE WAS SAYING, WITH THE INTENT OF THE ORDINANCE SURROUNDING THE TERM CANOPY IS NOT QUITE THE SAME HERE.
WHEREAS TYPICALLY IF YOU'RE A GAS STATION ADVERTISING CLOSE TO A MAJOR INTERSTATE, YOU, YOU REALLY NEED THAT, THOSE COUPLE EXTRA INCHES THERE.
IT'S, IT'S MORE APPROPRIATE FOR THE CONTEXT.
QUESTIONS FOR STAFF OR THE APPLICANT? NOPE.
WE HAVE NOT DONE PUBLIC PORTION.
UM, ANYBODY WISHING TO SPEAK IN FAVOR, PLEASE COME FORWARD.
LET THE RECORD SHOW NOBODY COMING FORWARD.
ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD.
SO WHEN WE'RE DOING THIS VARIANCE, TRY TO KEEP IN MIND THAT THE, UM, 26 INCHES, UH, OF THE CANON P HEIGHT AND THE 18 INCHES OF THE LETTERING, WHEN YOU RESPOND TO THESE ANSWERS, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.
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.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
AND I WILL ENTERTAIN A MOTION.
UM, IS THIS SECTION 6.06, IS THAT STILL IN THE UM, THAT'S IT.
I'LL MAKE THE MOTION THAT WE APPROVE THE, UM, VARIANCE FOR SECTION 6.06 C.
THE CANOPY AWNING SIGNS, UM, TO EXCEED THE APRON CANOPY HEIGHT OF THE REQUIRED 12 INCHES TO ALLOW FOR 26 INCHES AND THE LETTERING HEIGHT OF THE REQUIRED NINE INCHES TO ALLOW FOR 18 INCHES.
DO I HAVE A SECOND? I'LL SECOND IT.
ALL RIGHT, I HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
ALL OPPOSED? ALRIGHT, MOTION CARRIES.
LOOKS LIKE THIS IS OUR LAST ONE.
THIS IS, WELL, FOR THIS ADDRESS THAT IS, UM, 2025 DASH TWO DASH V UH, 1617 WEST KING STREET.
THIS ONE IS, UH, A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.06 B AND TABLE 6.01 TO ALLOW FOR TWO WALL SIGNS ON ONE WALL.
SO THIS ONE IS A LITTLE BIT UP TO INTERPRETATION AS WELL.
SO WHAT WE ARE CONSIDERING, THE SECOND SIGN IS ACTUALLY A VINYL DECAL.
SO TYPICALLY WHEN YOU THINK OF A SIGN UNDER THESE REQUIREMENTS, YOU'RE THINKING OF SOMETHING THAT PROTRUDES OFF THE WALL, A SIGNIFICANT, SIGNIFICANT AMOUNT THAT WOULD IMPEDE PEDESTRIAN TRAVEL.
UM, BEING THAT THIS IS JUST A VINYL DECAL, IT REALLY YEP.
IT REALLY IS PROTRUDING BY MILLIMETERS AND IT IS THE MTO DECAL.
RIGHT? AS IN, IN ITS CURRENT CONDITION, IT IS A PHYSICAL SIGN THAT PROTRUDES OFF THE BUILDING.
UM, SO AGAIN, THIS CONDITION, THE SIGN IS BECOMING LESS OF A PROTRUSION.
UM, AND THEN WITH THE CURRENT SIGNAGE HERE, SO YOU ARE ALLOWED ONE SIGN PER WALL.
THERE CURRENTLY IS NO SIGNAGE ALONG THE BUILDING THERE.
IT IS ONLY ON THE CANOPY THAT WE SPOKE ABOUT EARLIER.
SO THIS IS JUST ADDING THAT BRANDING TO THE ENTRANCE LOCATION.
SO AGAIN, SOME OF THIS IS UP FOR INTERPRETATION, WHETHER THIS VINYL DECAL IS CONSIDERED A SIGN OR NOT.
IF IT IS CONSIDERED A SIGN, WE'D LIKE A VARIANCE TO ALLOW IT TO BE PLACED ON THE SAME WALL AS THE SHEET SIGN.
I BELIEVE IT'S BEING PERMANENTLY ATTACHED SO THAT'S WHY THEY'RE CONSIDERING IT.
YES, THOUGH IT COULD BE REMOVED TECHNICALLY.
UM, AND THOUGH THAT REMOVAL PROCESS IS ACTUALLY DETAILED WITHIN OUR APPLICATION.
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ANY QUESTIONS? STAFF? THE APPLICANT IS REQUESTING A VARIANCE PURSUANT FOR SECTION 6.606 SIGN REQUIREMENT, UH, SIGN REQUIREMENT PERMIT.UH, SO IT'S FOR SECTION B WALL SIGN TABLE 6.01.
REQUEST TO ALLOW TWO WALL SIGNS ON ONE WALL AND, AND BASICALLY IT STATES ON THE, THE, UH, SIGN TABLE ONE PER BUILDING.
WE WILL START 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, WE WILL MOVE ON TO THE JUSTIFICATION FOR A VARIANCE AND THIS ONE IS FOR ALLOWING MORE THAN ONE SIGN ON ONE WALL, TWO SIGNS ON ONE WALL, NOT MORE THAN ONE.
IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.
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.
IT WOULD ELIMINATE AN UN AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DUMP.
OKAY, THEN I'LL ENTERTAIN A MOTION.
UM, GIVEN THE FACT THAT THE, UH, SIGNAGE IS ACTUALLY IMPROVING AND BECOMING LESS INTRUSIVE, UM, I WILL MAKE THE MOTION THAT WE, UM, APPROVE THE VARIANCE FOR SECTION 6.06.
THE REQUEST WAS TO ALLOW FOR TWO WALL SIGNS ON ONE WALL.
DO I HAVE A SECOND? I'LL SECOND IT.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
SO YOU'LL GET A LETTER ABOUT ALL OF THEM IN THE NEXT 30 DAYS.
THANK YOU FOR YOUR TIME THIS EVENING.
OKAY, NEXT ONE IS PROJECT NUMBER 2025 DASH FOUR DASH V.
THE PROPERTY IS LOCATED AT 700 BOSTON STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP FIVE AS PARCEL THREE.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH FOUR C FOUR TO ALLOW FOR A REAR SETBACK OF 25 FOOT EAC CONSTRUCTION.
DAN ROHR, IF YOU WILL STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
JAREDS TOWN REPRESENTING THE GENERAL CONTRACTOR AND THE OWNER.
YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
UH, BASICALLY, UH, WE JUST LIKE TO BUILD A HOUSE ON THIS EXISTING, UH, NON-CONFORMING LOT THAT, UH, IS ZONED SR TWO.
IT'S AN 80 BY 80 LOT DOING THE MATH OF THE ZONING REQUIREMENTS REQUIRING A A 50 50 FOOT SETBACK IN THE REAR, 16 IN THE FRONT.
EVIDENTLY ALLOW 14 FOOT DEPTH, UH, FOR A HOUSE.
WE COULDN'T FIND ANY 14 FOOT HOUSE PLANS,
UM, SO WE WOULD LIKE TO, UH, SHRINK THAT DOWN TO A 25 FOOT, UM, REAR SETBACK.
THE APPLICANT IS PROPOSING TO BUILD A NEW SINGLE FAMILY HOME ON THIS CURRENTLY VACANT 80 BY 80 NONCONFORMING LOT IN THE SUBURBAN RESIDENTIAL DISTRICT.
THE APPLICANT IS REQUESTING A
THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE SET.
SO HE IS MAINTAINING THE FRONT SETBACK AND THE SIDE SETBACKS.
JUST THE REAR IS THE ONE THAT HE'S ASKING.
ANY QUESTIONS FOR STAFF OR THE APPLICANT? NO.
WE'LL OPEN THE PUBLIC PORTION.
ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD.
[00:40:01]
LET THE RECORD SHOW NOBODY COMING FORWARD.ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
WE GOTTA GO THROUGH JUSTIFICATION FOR A VARIANCE AGAIN, THIS, UH, WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.
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.
I THINK WE CAN AGREE WITH THAT.
'CAUSE THE SIZE OF THE LOT RIGHT.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
OKAY, THEN I'LL ENTERTAIN A MOTION.
I MAKE A MOTION TO PROVE THE VARIANCE REQUEST FOR 700 BOSTON STREET PROJECT 2025 DASH FOUR DASH V TO ALLOW FOR A REAR SETBACK OF 25 FOOT MINIMUM INSTEAD OF THE REQUIRED 50 FOOT MINIMUM REAR SETBACK.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
NO DISCUSSION OR ACTION ITEMS? NO OTHER BUSINESS.
ACTUALLY, THERE'S TWO ITEMS TO BE BROUGHT TO THE ATTENTION OF THE BOARD.
ONE, UH, THE CITY DID RECEIVE A LETTER FROM AN ATTORNEY, SHERMAN LAMBERT, INDICATING HE WAS PLANNING ON APPEALING THE DECISION OF THE DENIAL OF THE SPECIAL EXCEPTION FOR THE CHURCH UP ON PILLAR.
SO THAT'LL BE, UH, PENDING IN FRONT OF THE CIRCUIT COURT OF BERKELEY COUNTY.
UH, SECONDLY, JUST SO THAT YOU'RE NOT CAUGHT UNAWARE NEXT MONTH, THE MOELLER AVENUE PROPERTY, WHICH WAS THE POPCORN FOLKS ARE COMING BACK AND ASKING FOR A VARIANCE TO ALLOW THEM TO BASICALLY CHANGE THE SKIN OF THE SIGN.
UH, I DO THINK THAT YOU ALL WERE CORRECT IN THE MEETING, UH, WAS IT TWO WEEKS AGO? TWO MONTHS AGO, YES.
WHERE YOU ALL UPHELD, UH, KYLE'S DETERMINATION THAT IT WAS A ROOF SIGN.
UM, AS, AS, UH, JAMIE POINTED OUT BASICALLY THE PICTURE OF THE SIGN THAT THEY HAD MATCHED THE PICTURE OF THE SIGN THAT'S IN THE ZONING ORDINANCE,
SO I THINK YOU ALL WERE CORRECT IN THAT WAY.
THEY'VE COME BACK TO ASK FOR A VARIANCE.
SO WAS THERE WAS SOMETHING ELSE THAT THEY WERE SUPPOSED TO TO WELL, WE TALKED TO THEM ABOUT A COUPLE OF THINGS.
ONE OF 'EM BEING THAT THEY MAY WANT TO DO A APPROACH TO DO A TEXT AMENDMENT TO ALLOW ROOF SIGNS.
UH, OR BASED UPON DID THEY DO THAT? NO.
BASED UPON THE ZONING ORDINANCE THAT THE CITY HAS, WE FIGURE THAT THE COST OF THAT WOULD BE OVER $10,000 JUST FOR THE NOTICES AND MORE.
AND ALSO NOT NECESSARILY SURE THAT THE CITY WOULD WANT TO OPEN UP ROOF SIGNS THROUGHOUT THE CITY, RIGHT? MM-HMM
SO THOSE ARE TWO THINGS JUST FOR YOU, YOUR KNOWLEDGE.
COULD THEY HAVE APPEALED OF, UH, THE CIRCUIT COURT THOUGH TOO? BUT IT WAS A, THEY THEY COULD HAVE APPEALED THAT DECISION IN CIRCUIT COURT AND THAT WOULD'VE BEEN A COMPLETE LOSER FOR THEM.
BECAUSE I CAN'T SEE A JUDGE SAYING THAT WHAT'S ON THAT ROOF IS NOT A ROOF SIGN.
I MEAN, YOU, KYLE WAS CORRECT.
YOU ALL WERE CORRECT IN UPHOLDING KYLE.
SO THEY'RE COMING BACK INTO FOR VARIANCE.
FOR VARIANCE INSTEAD OF FOR VARIANCE.
INSTEAD OF A SPECIAL EXCEPTION.
SO, I MEAN, 'CAUSE IT'S GOING TO BE A HARDSHIP.
I THINK THEY WERE SAYING TO TAKE THAT OFF OF THE ROOF, IT WOULD TEAR UP THE ROOF OR SOMETHING.
WELL, THERE, THERE, THERE'S A COUPLE OF ISSUES THAT, THAT ARE OUT THERE IN THEIR FAVOR AND THERE'S A COUPLE ISSUES THAT ARE OUT THERE AREN'T IN THEIR FAVOR.
AND THAT'S SOMETHING FOR US TO LOOK FORWARD TO FOR THE MONTH OF MARCH.
SO THIS WAY YOU'LL BE SO EXCITED.
YOU WILL NOT MISS THE MEETING.
WITH THAT BEING SAID, WE HAVE NO OTHER ITEMS. SO I'LL ENTERTAIN A MOTION TO ADJOURN.