[00:00:01]
[1. CALL TO ORDER]
BOARD OF ZONING APPEALS MEETING.WE'RE GONNA START WITH A ROLL CALL, PLEASE.
[3. APPROVAL OF MEETING MINUTES]
YOU VERY MUCH.HAS EVERYONE, UH, REVIEWED THE MINUTES FROM THE LAST MEETING? IF EVERYBODY HAS, DO I HAVE A MOTION TO ACCEPT THOSE MINUTES? I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM THE LAST MEETING.
I WAS NOT HERE, BUT I'M ASSUMING THAT IF SHERRY MAKES A MOTION TO APPROVE, THEN I APPROVE.
WE HAVE NO UNFINISHED BUSINESS.
[5. NEW BUSINESS/PUBLIC HEARINGS]
WE'RE GONNA STRAIGHT TO NEW BUSINESS STUDENT IS JOSHUA MURRAY HERE.DO YOU WANNA COME FORWARD? JUST TELL US A LITTLE BIT ABOUT WHAT YOUR PROJECT IS.
UM, I'M TRYING TO PUT A STORAGE UNIT IN MY BACKYARD.
OH, WE'RE GONNA SWEAR YOU IN FIRST.
SWEAR OR AFFIRM THE INFORMATION ABOUT IS UL
UM, I'M TRYING TO PUT A STORAGE UNIT IN MY BACKYARD.
UM, I, UH, WAS NOT AWARE OF THE FRONT, UM, SETBACK, UH, ORDINANCE, UH, IN THE ZONING LAWS, UH, UM, UNTIL MR. KYLE, UH, INFORMED ME THAT MY PLAN WOULD NOT WORK.
UM, BUT BASED ON THE MEASUREMENTS, IT'S IMPOSSIBLE FOR ME TO MEET THE LAW AS WRITTEN.
I DON'T, UM, I HAVE THAT ABILITY 'CAUSE MY HOUSE SITS TOO FAR BACK FOR THAT TO BE POSSIBLE.
UM, WHERE I WANT TO PUT IT WOULD BE BOTH MORE CONVENIENT FOR MYSELF AND I BELIEVE WOULD BE MORE ACCEPTABLE TO MY NEIGHBORS BECAUSE IF I PUT IT WHERE IT'S SUPPOSED TO BE, IT WOULD NOT ONLY BE INTERSECTING MY HOUSE, IT WOULD BE BLOCKING THE VIEW OF MY NEIGHBORS.
UM, SO I THINK WHERE I WANT TO PUT IT'S, UH, A LOT BETTER BOARD.
HAVE ANY QUESTIONS FOR MR. MURRAY? I DO NOT.
MR. MURRAY, YOU SAID, UH, STORAGE UNIT, BUT IT LOOKS LIKE IT'S JUST A REGULAR STORAGE OUTBUILDING.
IF WE DON'T HAVE ANY QUESTIONS, THEN WE CAN MOVE.
THE APPLICANT IS PROPOSING TO INSTALL A 2012 BY 20 OUTBUILDING, ROUGHLY 119 FEET FROM THE FRONT LINE OF THE PROPERTY AND FIVE FEET FROM THE REAR AND SIDE OF THE PROPERTY LINES.
THIS IS AN ADJUSTMENT TO THE SIDE SETBACKS AND FRONT SETBACKS.
THE FRONT SETBACK REQUIREMENT FOR AN OUTBUILDING IN THE SR ONE DISTRICT IS 10 FEET PLUS THE FRONT SETBACK, WHICH WOULD MAKE THAT, UH, THE 40 MINIMUM, 60 MAXIMUM.
AND THEN THE SIDE SETBACK REQUIREMENT IS 10 FEET MINIMUM.
AND, UH, HE'S REQUESTING FOR FIVE FEET ON THAT.
I THINK THAT'S, UH, ALL THE QUESTIONS WE HAD FOR YOU.
WE'RE GONNA MOVE TO THE PUBLIC HEARING PORTION.
ANYBODY THAT WANTS TO SPEAK IN FAVOR, PLEASE STEP FORWARD.
WE DID HAVE A, A LETTER I SAW THAT I WAS GONNA ASK YOU ABOUT THAT, KYLE.
SO THIS KIND OF IS A GUY THAT IS OKAY WITH IT? YES.
LET THE RECORD SHOW ROBERT EVANS AT 3 0 2 SOUTH GEORGIA AVENUE SENT, UH, AN EMAIL TO KYLE THAT SAID HE APPROVES OF THE, UH, BUILDING.
ANYBODY OPPOSED? ALRIGHT, LET'S GO THROUGH THE, THROUGH THE STEPS HERE REAL QUICK.
CLOSE THE PUBLIC HEARING PORTION.
YEAH, WE'RE GONNA CLOSE THE PUBLIC HEARING PORTION.
[00:05:01]
ALRIGHT.THE BOARD OF ZONING APPEAL SHALL GRANT A VARIANCE IF SOUGHT.
IF IT FINDS THAT THE VARIANCE MEETS THE FOLLOWING, A WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENTS.
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.
THE HOUSE IS SITUATED WHERE IT IS.
WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND AND WILL ALLOW THE INTENT, WELL, I'M SORRY.
WILL ELIMINATE UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
WE'LL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUB OF SUBSTANTIAL JUSTICE DONE.
NOW, IS THIS FOR BOTH BECAUSE YOU HAVE ONE FOR THE FRONT SETBACK, ONE FOR THE SIDE.
I'VE, MY YOU FEEL IT'S FOR, FOR BOTH THE SIDE SETBACK? I THINK IT'S FOR BOTH.
THE SIDE SETBACK, HE'S, HE'S REQUESTING A FIVE FOOT ON THE, I GUESS WHAT WOULD BE THE NORTH SIDE.
AND THAT IS NOT, THAT IS ESSENTIALLY A BACKYARD OF HIS NEIGHBORING PROPERTY.
SO USUALLY A SIDE HEAD BACK IS BECAUSE YOU'VE GOT HOUSES SIDE BY SIDE AND THAT CREATES A LITTLE BIT OF DISTANCE.
BUT HE'S GOT, HIS PROPERTY IS DIFFERENT IN THAT IT'S THE SIDE IS IS THE BACKYARD.
SO I THINK THERE'S SUFFICIENT AND IS THAT THE NEIGHBOR THAT I THINK THE NEIGHBOR WAS ACROSS THE STREET.
I WAS THINKING IS A 3 0 2 PERSON WAS SO THERE'S, THERE'S A SUBSTANTIAL BUFFER.
SO I THINK GOING FROM A 10 TO A FIVE WOULD NOT BE A PROBLEM.
I JUST WANNA MAKE SURE NOT AROUND.
I MEAN, I THINK I WOULD SAY I TOTALLY AGREE, BRENDA.
THAT MAKES TOTAL SENSE FOR, FOR BOTH CONDITIONS.
ANY FURTHER COMMENTS FROM THE PANEL? I, MARY, DO I HAVE A MOTION TO APPROVE? I'D LIKE TO MAKE A MOTION TO APPROVE THE VARIANCE FOR PROJECT 2025 DASH EIGHT DASH FEE.
UH, APPLICANT REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH 3D 0.2 TO ALLOW FOR A FIVE FOOT SETBACK AND D 0.1 TO EXCEED THE MAX FRONT SETBACK FOR OUTBUILDING.
OPPOSED? YOUR VARIANCE IS APPROVED.
YOU CAN HANDLE, YOU CAN HANDLE IT FROM HERE.
WE'LL MOVE ON TO PROJECT NUMBER 2025 DASH 10 DASH SE.
THE PROPERTY IS LOCATED AT 2 0 4 NORTH RED HILL ROAD AND IDENTIFIED ON BERKELEY COUNTY TAX MAP FOUR A AS PARCEL 39.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR A TWO FAMILY DWELLING IN SUBURBAN RESIDENTIAL.
TINA WALKER IS THE APPELLATE TINA HERE.
IF YOU CAN COME FORWARD, STATE YOUR NAME AND ADDRESS IN THE MIC FOR US PLEASE.
YOUR ADDRESS PLEASE? 2 0 4 NORTH RED HILL ROAD, MARTINSBURG, WEST VIRGINIA.
IF YOU RAISE YOUR RIGHT HAND, CAN I SWEAR YOU IN? DO YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH TO THE WHOLE VERSION OF THAT? I DO.
IF YOU CAN STATE FOR US WHAT EXACTLY IT IS THAT YOU WANNA DO.
UM, BACK IN 2018, I BOUGHT THE RESIDENCE AT 2 0 4, UH, NORTH RED HILL ROAD.
THERE WAS LIKE A, A UNIT UPSTAIRS IN DOWNSTAIRS.
MY SON AND I LIVED IN THE UPSTAIRS UNIT AND MY MOTHER AND MY TWO SISTERS THAT I TAKE CARE OF LIVED IN THE DOWNSTAIRS UNIT.
UM, BUT MY MOTHER HAS PROGRESSIVELY
[00:10:01]
GOTTEN WORSE WITH HER DEMENTIA AND MY SISTER'S NOW ON HOSPICE CARE.SO MY SON AND I MOVED TO THE MAIN FLOOR TO HELP BETTER TAKE CARE OF THEM IN THE UPSTAIRS UNIT AND STUFF.
I WANTED TO RENT BACK OUT AGAIN.
UM, WHEN I BOUGHT IT, I TURNED IT INTO A SINGLE FAMILY.
'CAUSE YOU KNOW, AT THE TIME I DIDN'T KNOW THIS STUFF WAS GONNA HAPPEN, BUT I'VE RETIRED AND I'M JUST TRYING TO TAKE CARE OF THEM AND, UM, YOU KNOW, JUST WISH TO TURN IT BACK INTO A 2 0 4 A AND B.
THERE'S, YOU KNOW, EVERYTHING'S KIND OF SEPARATE AS IT IS AND STUFF.
IT HAS ITS OWN ELECTRIC AND WATER ROOM.
I DON'T KNOW WHAT ALL IS NEEDED.
I THINK, UM, THIS, THE INSPECTOR CAME OUT AND GAVE ME SOME THINGS AND THAT'S BEING TAKEN CARE OF, BUT I DON'T KNOW WHAT ELSE TO ADD.
ANY QUESTIONS? DO YOU GET A TAX STATEMENT FOR TWO TWO ADDRESSES FOR TWO AND FOUR A AND TWO AND FOUR B? DO YOU GET A SEPARATE TAX STATEMENT? TAX STATEMENT? NO, WHEN I TURNED IT BACK IN, UM, TO, I JUST GET THE ONE TAX THING.
SO WHAT DID YOU DO TO MAKE IT JUST A ONE PLACE? I CAME DOWN, I THINK IT WAS AT THIS BUILDING WITH FORT WORTH REMODELED AND STUFF, AND TOLD HIM I BOUGHT IT AND STUFF AND WENT TO TURN IT INTO A SINGLE FAMILY UNIT.
'CAUSE AT THE TIME IT WAS JUST, YOU KNOW, LIKE A SINGLE FAMILY HOME THAT THEY JUST, I GUESS DID SOMETHING FOR THE TAXES OR WHATEVER AND SWITCHED IT TO A SINGLE, THEY JUST MADE INSTEAD OF 2 0 4 A AND B NORTH FRED HILL, THEY JUST TURNED IT INTO 2 0 4 NORTH FRED HILL.
I MEAN, DID YOU TURN IT INTO IT OR DID THE COUNTY TURN IT? BECAUSE YOU'RE GONNA GET US, YOU'RE GONNA GET A COUNTY TAX STATEMENT, RIGHT? I I LIVE IN THE CITY OF MARTINSBURG.
RIGHT, THAT'S WHAT I'M SAYING.
IT WOULD'VE TO BEEN CONSOLIDATED WITH THE COUNTY ON HERE, RIGHT? NO, IT WOULDN'T HAVE BEEN DONE HERE.
I WAS GONNA SAY IT IS LISTED ON THE ASSESSORS AS A SINGLE FAMILY HOME.
DO WE KNOW IF IT PREVIOUSLY WAS? I WAS GONNA SAY IT.
I DON'T HAVE WHETHER WAS PREVIOUS IT IN THE CITY, THE CITY.
SO I DON'T KNOW THAT I HAVE, I KNOW A LOT OF TIMES IT'S STILL THE SAME TAX, UH, TICKET BECAUSE IT'S ON THE SAME LOT.
THE TAX TICKET A LOT OF TIMES IS BASED OFF OF THE LOT PROPERTY ITSELF.
JUST SO IT, MY THOUGHT IS IT PROBABLY WAS ONE TICKET BEFORE AS WELL.
NO ONE TICKET AS A WHOLE YEAH.
FOR BOTH ADDRESSES ON ONE TICKET BECAUSE IT'S ONE LOT.
I DON'T KNOW HOW THE TAX OFFICE WOULD BE ABLE TO SEPARATE THE TICKETS WHEN IT'S NOT ON TWO SEPARATE LOTS.
'CAUSE THE HOUSE NEXT TO ME IS A DUPLEX.
UM, BUT IS THE, IS THE PROPERTY IT'S ON ONE LOT.
I GET TWO SEPARATE TAX TICKETS.
ARE THEY ON TWO SEPARATE PARCELS? ONE PARCEL.
'CAUSE I'VE GOT A COUPLE, I'VE GOT A DUPLEX PLEXES THAT DOES IT, IT ALL TICKET ON ONE PARCEL.
AND THEY ONLY GIVE US ONE TAX TICKET TICKET.
WHO KNOWS? SO IT IS ONE TICKET NOW, BUT WE DON'T KNOW IF IT WAS BEFORE.
I'M FAMILIAR WITH THE PROPERTY.
BRAD JAMES OWNED IT FOR MANY YEARS.
SO IT WAS ALWAYS A TWO, TWO UNIT BUILDING.
AND THAT'S WHAT I FOUND RECORD OF.
I I, HE WAS RUNNING THE UPSTAIRS UNIT OUT AND STUFF BEFORE AND I HAD INQUIRED ABOUT IT AND STUFF OR ANYTHING BECAUSE MY MOM WAS GETTING WORSE AND I NEEDED TO FIND SOMETHING ON ONE FLOOR FOR HER THAT HAD, YOU KNOW, NO STAIRS.
AND I DON'T REMEMBER, UM, IF HE, I DON'T THINK HE EVER TOLD ME IF IT WAS TWO SEPARATE TICKETS OR ONE TICKET.
I MEAN, I, I KNOW THAT I'LL BE RESPONSIBLE FOR THE TAXES.
I MEAN, I DON'T KNOW HOW TO FIND OUT, YOU KNOW, I, I KNOW THAT I HAVE A TAX BILL AT HOME FOR, BUT I, I COULDN'T TELL YOU WHAT IT WAS BEFORE WHEN IT WAS TWO.
I KNOW THAT IT'S TWO SEPARATE UNITS.
AND WHEN IT WAS THE DUPLEX BEFORE, WAS IT, DID THE OWNER LIVE THERE? UM, DO WE KNOW? I DON'T THINK THAT, I DON'T KNOW THAT HE, HE LIVED THERE OR NOT AND STUFF.
I KNOW THAT HE HAD, UM, THE UPSTAIRS RENTED OUT AND STUFF TO THE TRAVELING DOCTORS AND STUFF AT THE, UM,
[00:15:01]
I DON'T KNOW WHETHER HE LIVED THERE OR NOT AND STUFF.I KNOW HE HAD LIKE, UM, SOME OF HIS LIKE DISPLAY BECAUSE HE DID LIKE CABINETRY OR WHATEVER, LIKE CONSTRUCTION THINGS.
HE HAD SOME MATERIAL AND STUFF, BUT I DON'T KNOW WHETHER HE LIVED THERE AT ONE TIME OR SO.
THE FILES I HAVE IT, IT SHOWS HE HAS A DIFFERENT ADDRESS.
YEAH, I DON'T, I DON'T THINK HE LIVED THERE.
YEAH, I THINK IT WAS ALWAYS FOR A LONG TIME THAT I'VE KNOWN THE PROPERTY AND I'VE BEEN FAMILIAR WITH THE PROPERTY AND I'M FRIENDS WITH BRAD.
IT HAD BEEN A DUPLEX RENTED SEPARATELY FOR A LONG TIME.
WE'LL MOVE ON TO, UH, STAFF REPORT.
THE APPLICANT IS PROPOSING TO USE THE CURRENT SINGLE FAMILY DWELLING AND RETURN IT TO A TWO FAMILY DWELLING FOR THE PURPOSE OF RENTING ONE FLOOR AND USING ANOTHER FLOOR FOR THE RESIDENT'S FAMILY.
UH, THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO TABLE 14.0 1 4 0, 1 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A TWO-FAMILY DWELLING IN THE SUBURBAN RESIDENTIAL DISTRICT.
UM, SOME OF THE NOTABLE INFORMATION THAT I FOUND, AS YOU GUYS WERE SAYING IS IT WAS A TWO-FAMILY RENTAL.
UM, I FOUND RECORDS FROM, UH, 2017 AND I THINK JUST, UH, 2016 AS WELL.
UM, THE APPLICANT, UH, WAS GONNA HAVE THE HOME INSPECTED.
UH, THAT CAME AFTER, UH, THAT'S WHAT THE REPORT FROM OUR RENTAL HOUSING INSPECTOR I DID PASS TO YOU GUYS.
UM, HE WAS QUITE SATISFIED WITH IT AND EVERYTHING'S SEPARATE.
SO HE SEES NO ISSUES WHATSOEVER WITH SEPARATING.
UM, ONE OF THE INTERESTING THINGS AND, AND UH, IN SPEAKING WITH, WITH KIM, THE PLANNING DIRECTOR, WE'RE A LITTLE UNSURE.
SO THE ORDINANCE HAS A SUPPLEMENTAL REGULATION THAT THE MAXIMUM LOT SIZE FOR TWO FAMILY DWELLING BE NO MORE THAN 10,000 SQUARE FEET.
AND THAT JUST DOES NOT MAKE SENSE BECAUSE IN THIS DISTRICT, THE MINIMUM LOT SIZE IS 9,600 SQUARE FEET.
SO WE ARE THINKING IT WAS SUPPOSED TO BE MINIMUM NOT MAXIMUM.
YEAH, THAT'S WHAT IT SOUNDS LIKE.
THAT WAS THE CONSENSUS WE WERE COMING TO.
AND IT JUST DOESN'T MAKE SENSE THAT THERE BE THE MAXIMUM LIKE THAT AND WHAT APPLIES INTO THE OTHER DISTRICTS.
IT STILL IT DOESN'T MAKE SENSE.
SO IS THAT SOMETHING WE COULD AMEND NOW SO WE DON'T HAVE TO GO THROUGH THAT IN THE FUTURE? WE CAN'T AMEND IT.
I'VE GOT 41 THINGS THAT NEED TO BE ADJUSTED.
WE'VE GOT A LIST TO GO WHEN, UH, ARE THERE NO ORIGINAL NOTES THAT MAYBE IF YOU LOOK BACK AT THE ORIGINAL NOTES, IT WOULD INDICATE THAT IT WAS SUPPOSED TO BE A MINIMUM? I DON'T HAVE ACCESS TO ANY OF THAT.
I DON'T EVEN KNOW WHERE THE ORIGINAL NOTES WOULD BE IF WE HAD ANY.
BUT, UH, I CAN DEFINITELY ASK HIM TO SEE WHERE THAT WAS.
WHAT BUT, UH, SO, AND THEN THE, THE LASTLY IS, IS THEY WILL NEED FOUR PARKING SPACES, TWO PER EACH DWELLING UNIT.
AND THERE'S A HUGE DRIVEWAY, DRIVEWAY'S ALL DRIVEWAY.
I MEAN THERE'S A TON OF PARKING, THERE'S COVERED PARKING.
I MEAN THERE'S, THERE'S LOTS OF, YEAH.
ANY QUESTIONS FOR STAFF? NO SIR.
NO QUESTIONS FOR STAFF? NO QUESTIONS FOR THE APPLICANT.
WE'LL MOVE ON TO 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.
CAN YOU STEP ASIDE SO HE CAN SPEAK? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
KEN COLLINSON, FIVE 11 LINCOLN DRIVE, MARTINSBURG, WEST VIRGINIA.
I DON'T KNOW IF I'M REALLY FOR OR AGAINST, BUT I, I WANNA SPEAK.
I DO DEFINITELY HAVE A CONCERN, OBVIOUSLY.
WELL, FIRST OF ALL, YOU TALKED ABOUT 20 17 20 18.
IT WAS A DUPLEX THAT WAS PRIOR TO OUR ZONING ORDINANCE, WHICH WAS IN, I DON'T KNOW IF YOU GRANDFATHER THAT IN.
UH, BUT THAT WAS PRIOR TO OUR CURRENT ZONING ORDINANCE.
AND AS YOU KNOW, AND SPECIAL EXCEPTION IN SR ONE THAT IS ALL SINGLE FAMILY HOMES.
UM, MY CONCERN IS THAT, IS IT, I WOULD LIKE TO SEE STIPULATION PUT IN IF THIS BODY PASSES IT, THAT IT BE OWNER OCCUPIED.
THAT WAY IT, IT KEEPS THE INTEGRITY OF THE NEIGHBORHOOD, IT ALLOWS IT THAT, THAT INDIVIDUAL, BECAUSE THEN ONCE WE OPEN THE DOOR TO HAVE
[00:20:01]
TWO FAMILY HOUSES IN THAT AREA, YOU GET SOME INVESTOR COMING IN.HE HAS TWO FAMILY HOUSING AND THEN WE START HAVING RENTALS IN A SINGLE FAMILY DISTRICT.
IT IS, SEE IT APPEARS THAT UPON STAFF'S RECOMMENDATION THAT THIS MAY PASS.
BUT IF IT DOES, I WOULD LIKE TO SEE IT STIPULATED THAT IT'S IN THE MINUTES, IT'S IN THE REPORT THAT GOES TO MRS. MRS. WALKER, THAT IT'D BE OWNER OCCUPIED DURING THAT TIME.
ANYBODY ELSE WISHING TO SPEAK? THIS IS THE ODDEST PODIUM.
THIS CAN'T MESS MY THING THERE.
HELLO, I'M BARBARA BERTINA AND MY HUSBAND BILL CALDWELL AND I LIVE AT ONE 16 NORTH TENNESSEE AVENUE IN THE SR SINGLE FAMILY RESIDENTIAL ZONE.
AND TO APPROVE THIS SPECIAL EXCEPTION TO ALLOW A TWO FAMILY DWELLING IN THE SINGLE FAMILY RESIDENTIAL ZONE, YOU THE BZA MUST FIND IN FAVOR OF QUESTION ONE.
AND THAT QUESTION ONE IS THAT THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN AND OF THIS ORDINANCE, A TWO FAMILY DWELLING IS NOT IN HARMONY WITH THE COMPREHENSIVE PLAN.
KYLE, DO YOU WANT TO GIVE THAT TO THEM? THEY DON'T LET ME BACK THERE ANYMORE.
AND I, THIS IS FROM THE COMPREHENSIVE PLAN.
THIS IS THE MAP THAT I PRINTED OUT WHICH SAYS FUTURE LAND USE.
AND I SPECIFICALLY WANT YOU TO LOOK AT WHAT IS YELLOW IN THAT AREA, THAT AREA.
EVERYTHING ON THE MAP THAT IS YELLOW IS SINGLE FAMILY RESIDENTIAL PROPERTIES.
AND THE PURPOSE UNDER THE COMPREHENSIVE PLAN WAS TO INCREASE SINGLE FAMILY PROPERTIES.
AND SO IT DOES SAY LOW DENSITY.
SO IF YOU LOOK AT THE BOTTOM OF THE PAGE, I COPIED PAGE 33 FROM THE PLAN.
LOW DENSITY, MAINLY LOCATED IN ESTABLISHED SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS.
THESE AREAS ARE AREAS THAT ARE BEST SUITED FOR THE CONTINUATION OF DETACHED SINGLE FAMILY RESIDENTIAL USE.
RESPECT FOR EXISTING HOUSING PATTERNS AND PRESERVATION OF HISTORIC AREAS IS PARAMOUNT IN THE LOW DENSITY RESIDENTIAL AREAS.
SINGLE FAMILY RESIDENTIAL DENSITIES SHOULD BE IN KEEPING WITH THE DENSITY OF NEARBY EXISTING DEVELOPMENT.
SO NOW I ASK YOU TO LOOK AT THE SECOND MAP, WHICH IS OUR CURRENT ZONING MAP.
THE YELLOW AREA ON OUR CURRENT ZONING MAP IS ALL THAT IS LEFT OF THE CITY'S SINGLE FAMILY RESIDENTIAL AREAS, WHICH IS CONTRARY TO THE COMPREHENSIVE PLAN.
LOOK HOW MUCH IT HAS DECREASED.
OUR NEIGHBORHOOD IS PRACTICALLY ALL THAT IS LEFT OF THE ESTABLISHED DETACHED SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS IN THE WHOLE CITY.
A TWO FAMILY DWELLING IN A SINGLE FAMILY ZONE DOES NOT RESPECT NOR PRESERVE OUR EXISTING HOUSING PATTERN.
MS. WALKER'S PLAN IS TO REMAIN IN THE PROPERTY AND TO MONITOR UPSTAIRS RENTERS.
BUT IF THE SPECIAL EXCEPTION IS GRANTED AND MS. WALKER MOVES OUT, THE PROPERTY WILL REMAIN A TWO FAMILY DWELLING IN THE MIDDLE OF A SINGLE FAMILY ZONE, WHICH IS CONTRARY TO OUR COMPREHENSIVE PLAN.
THE COMPREHENSIVE PLAN ALSO STATES THAT MORE THAN HALF OF ALL HOUSING UNITS IN MARTINSBURG ARE RENTED RATHER THAN OWNER OCCUPIED.
AND IT STATES THERE ARE MANY BENEFITS TO HOME OWNERSHIP THAT THE CITY SHOULD WANT TO IMPROVE AND PROMOTE.
ONE BENEFIT STATED IS PRIDE OF OWNERSHIP AND NEIGHBORHOOD THAT LEADS TO BETTER PROPERTY UPKEEP.
WE ALL KNOW THAT THE CITY HAS PROBLEMS WITH ABSENTEE LANDLORDS NOT MAINTAINING THEIR PROPERTIES.
AND THE COMPREHENSIVE PLAN EVEN WENT SO FAR AS TO STATE THAT THE CITY DOES NOT HAVE ADEQUATE STAFFING TO PROPERLY ANDF, EFFECTIVELY ENFORCE PROPERTY MAINTENANCE.
NOW I HAVE SYMPATHY FROM MS. WALKER AS I TOO HAVE HELPED TAKE CARE OF MY MOTHER WHO LIVED TO BE 100 THOUGH TO YOU.
THE BZA, THAT IS NOT A FACTOR TO CONSIDER.
NEITHER IS THE DESIRE TO SUPPLEMENT HER INCOME OR TO HELP PAY FOR COLLEGE.
BUT I DO WANNA STATE THAT TIED INTO THAT COMPREHENSIVE PLAN'S GOAL OF INCREASING SINGLE FAMILY HOMES IS ALSO THE GOAL TO INCREASE THE PERCENTAGE OF OWNER OCCUPIED HOUSING IN THE CITY.
THIS GOAL IS SO IMPORTANT THAT IT IS STATED THREE TIMES WITHIN THE PLAN.
SO I WOULD LIKE TO OFFER A COMPROMISE WHICH WOULD SATISFY MARTINS BIRD'S COMPREHENSIVE PLAN TO RESPECT HOUSING PATTERNS AND PRESERVE DETACHED SINGLE FAMILY
[00:25:01]
NEIGHBORHOODS.AS THE PROPERTY IS CURRENTLY OWNER OCCUPIED, I ASK THAT THE BOARD OF ZONING APPEALS APPROVE THIS SPECIAL EXCEPTION ONLY WITH THE CONDITION.
AS LONG AS THE PROPERTY IS OWNER OCCUPIED BY MS. WALKER.
ONCE THE PROPERTY IS NO LONGER OCCUPIED BY MS. WALKER, 2 0 4 NORTH RED HILL ROAD WILL CONVERT TO A SINGLE FAMILY RESIDENCE.
WITHOUT THIS CONDITION, THE SPECIAL EXCEPTION SHOULD BE DENIED.
ANYBODY ELSE WISHING TO SPEAK? OKAY.
SO ANYBODY HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE GO THROUGH THE POINTS? I, I DO BECAUSE I'M, IF SHE, I MEAN, IF SHE'S GONNA BE ALLOWED TO RENT THE UPSTAIRS PART OF THE HOUSE WHILE SHE OWNS IT AND THEN WHEN SHE DECIDES TO SELL IT, THEN WHOEVER'S UPSTAIRS WILL LOSE HER PLACE TO LIVE.
THAT HAPPENS A LOT WHEN PEOPLE SELL PROPERTY.
YEAH, I MEAN I DON'T, I MEAN, WHEN I SELL A PIECE OF PROPERTY, IF SOMEBODY WANTS TO BUY IT TO LIVE IN IT, THEN THE, MY TENANT'S GOTTA GO.
THEY GET A NOTICE THAT THE PROPERTY IS BEING SOLD AND THEY HAVE SO MANY DAYS TO VACATE.
AND IS THAT FOR A DUPLEX? THAT'S FOR ANY PROPERTY.
IF I SELL IT AND IT, THE OWNER THAT THE PERSON THAT'S PURCHASING IT WANTS TO LIVE IN IT.
WELL, IF IT'S A SINGLE HOUSE YEAH.
YEAH, ACTUALLY THEY HAVE TO GET OUT.
I MEAN THIS HAS BEEN A TWO FAMILY HOUSE FOR YEARS.
AND, AND THEN THEY REDID THE ZONING.
WHAT SHOULD A GRANDFATHER, THAT'S WHERE IT WAS AT.
I I THINK THE PROBLEM WITH THE GRANDFATHER IS AT THE TIME OF THE ZONING CHANGED IT WAS SINGLE FAMILY, SINGLE FAMILY HOUSE.
WELL I THINK THEY CONS, I, AND THIS IS WHERE, I MEAN SHE LIVED UPSTAIRS.
HER PARENTS, HER MOM LIVED DOWNSTAIRS.
AND I THINK EVERYBODY'S KIND OF CONSTRUED THAT.
YEAH, THIS IS A ONE FAMILY HOUSE, BUT IT'S REALLY TWO APARTMENTS.
SO CAN YOU TELL US WHAT WAS YOUR ORIGINAL INTENTION ON WHY YOU WANTED IT TO BE CLASSIFIED SINGLE FAMILY? LIKE WHAT WAS YOUR REASONING BEHIND GOING THROUGH EVERYTHING TO HAVE IT CLASSIFIED SINGLE FAMILY? I JUST, LIKE I SAID, THE STUFF, I MEAN BECAUSE IT WAS MY MOM AND MY SISTER'S ON THE MAIN FLOOR AND MYSELF AND MY SON ON THE UPSTAIRS FLOOR.
AND I NEVER, YOU KNOW, AT THE TIME WHEN I BOUGHT IT AND STUFF, I JUST WANTED SOMETHING FOR US.
I DIDN'T KNOW WHETHER IT WAS, YOU KNOW, I THOUGHT THAT WAS WHAT YOU WERE SUPPOSED TO DO.
DID YOU GET A PROPERTY TAX? YEAH.
IT WOULD ALSO CHANGE THE PROPERTY TAX CLASSIFICATION.
DID YOU GET TAX REDUCTION AS A RESULT OF THE CHANGE? THE TAX RATES? YEAH.
I DON'T KNOW WHAT IT WAS BEFORE.
WELL MR. JAMES HAD GONE UNDER OCCUPIED.
IT WAS NOT CLASS FOUR, CORRECT? IT WOULD'VE BEEN CLASS FOUR.
IF IT HAD ALWAYS BEEN CONSIDERED A TWO UNIT HOUSE AND IT WAS A TWO UNIT HOUSE BEFORE THE ZONING WARRANTS WAS ENACTED AND CONTINUE THROUGH, THEN SHE WOULD HAVE TO COME HERE AT ALL BECAUSE IT WAS A SINGLE FAMILY, CONSIDERED A SINGLE FAMILY RESIDENT.
SO NOW SHE HAS TO COME AND GET THE SPECIAL INCEPTION.
AND THAT'S HOW WE ENDED UP HERE.
THAT, THAT'S HOW SHE IS UP HERE.
YEAH, I I JUST HAVE A PROBLEM WITH IT BECAUSE I MEAN IT, I MEAN, SO I SHOULD HAVE, WHEN I BOUGHT IT, I SHOULD HAVE JUST LEFT THINGS AS IS.
I'M CONFUSED IF IT WAS AT THE TIME STILL CONSIDERED A TWO YEAR HOUSE WHEN THE ZONING ORDERS PASSED.
WHEN, WHEN WAS THAT? 2021? YEAH, 2021.
THEN YOUR HOUSE WOULD'VE BEEN GRANDFATHERED IN, BUT BECAUSE IT WAS NOT AT THE TIME OF THE ENACTMENT OF THE ZONING WARRANTS, YOUR HOUSE WAS IN COMPLIANCE 'CAUSE IT WAS A SINGLE FAMILY WELCOME.
AND SO THEREFORE THERE WAS NO CALL FOR A GRANDFATHER BECAUSE YOU WERE A COMPLIANT USE THE STRUCTURE.
NOW YOU'RE ASKING THE WARRANTY GRANT SPECIAL EXCEPTION, UH, WHICH WOULD, YOU KNOW, REQUESTING THAT IT BE A TWO YEAR HOUSEHOLD, WHEN DID YOU HAVE IT CHANGED BACK TO A, WHEN I BOUGHT IT.
BUT I THINK BARBARA'S AND, AND KEN'S,
[00:30:02]
UM, DISCUSSION OF A CONDITION ON THE, ON THE SPECIAL EXCEPTION.UM, I THINK THAT, I PERSONALLY THINK THAT IS A GOOD SOLUTION.
UM, I LIVE IN, NOW GRANTED I DON'T LIVE IN A SINGLE FAMILY IN A SUBURBAN RESIDENTIAL.
UM, BUT THERE CAN BE, NOT, NOT ALWAYS, BUT THERE CAN BE REAL ISSUES IN, IN RENTAL PROPERTY WHEN YOU HAVE A LOT OF RENTAL PROPERTIES IN YOUR NEIGHBORHOOD.
GENERALLY IF THEY'RE OWNER OCCUPIED YOU, NOT ALWAYS, BUT IN GENERAL YOU HAVE A MUCH BETTER NEIGHBORHOOD, YOU HAVE FEWER ISSUES.
UM, AND THE INTENT OF THE COMPREHEN, I MEAN CLEARLY THE COMPREHENSIVE PLAN SAYS THESE SUBURBAN RESIDENTIAL NEED TO BE SINGLE FAMILY.
UM, AND IN, IN THIS INSTANCE, IF SHE IS LIVING THERE AS THE OWNER, I THINK THERE'S GONNA BE SUBSTANTIALLY MORE CONTROL.
UM, I DON'T THINK THEY'LL, UH, MY GUESS IS THERE'S GONNA BE NO PROBLEM IN THE NEIGHBORHOOD, BUT THAT MIGHT NOT BE THE CASE IF SHE MOVED OUT OR IF SHE SOLVED THE PLACE.
BUT HAVING THE, THE CONDITION, THE SPECIAL EXCEPTION, UM, WITH THE CONDITION THAT SHE BE THE OWNER OCCUPIER THAT TAKES CARE OF HER ISSUES AND SHE DOES HAVE REASONS TO, TO WANT TO BE ABLE TO RENT OUT THE UPPER AND IF SHE SELLS THE PROPERTY, THE NEXT OWNER CAN COME BACK FOR A SPECIAL EXCEPTION.
YEAH, I WAS GONNA SAY, ANY PERSON THAT HAS A SINGLE FAMILY HOME THAT INTENDS TO TURN IT INTO A TWO FAMILY HOME AND THE SUBURBAN RESIDENTIAL HAS TO GO BEFORE YOU GUYS HAS A SPECIAL ACCEPT.
SO, AND YEAH, I MEAN THEY WOULD HAVE TO HAVE REALLY GOOD STIPULATIONS OF WHY THEY CAN OR TRY TO TURN IT INTO A SINGLE FAMILY DO.
SO, YOU KNOW, THAT WOULD WHATEVER THAT YEAH.
BUT ONCE IT'S CHANGED OVER, I MEAN LEGALLY HOW'S THAT GONNA WORK? BUT THE, WITH THE CONDITION KEEP, SHE SELLS IT BECAUSE IF SHE SELLS IT, I MEAN IT, TO ME THAT TELLS ME THERE'S A KITCHEN UPSTAIRS, KITCHEN DOWNSTAIRS THAT'S GONNA BE ADVERTISED AS A DUPLEX VERSUS SOLD THAT WAY.
AND THEN PERSON'S GONNA BUY IT AND THEN FIND OUT FROM YOU GUYS THAT THEY CAN'T HAVE IT THAT WAY.
SPECIAL EXCEPTIONS BRING THE BOARD ZONING PUT RESTRICTIONS ON THE EXCEPTION, BUT WE'RE ASKED TO REALIZE, TO GET TO THE POINT OF MAKING THE REASONABLE RESTRICTIONS, YOU STILL HAVE TO ANSWER IN POSITIVE FOR ALL OF THESE REQUIREMENTS.
JUST LIKE ANYTIME WE'RE GIVING SPECIAL EXCEPTIONS OR VARIANCES, IF WE CAN'T GET A YES ON ALL OF 'EM, THEN WE REALLY CAN'T GET TO THE POINT WHERE WE CAN PUT REASONABLE RESTRICTIONS ON WELL, CAN WE GET TO A YES WITH THE PROVISION UNDER CERTAIN CIRCUMSTANCES.
IF SHE, IF IF IT GETS CHANGED OVER TO, UH, THE TWO FAMILY AND SHE'S DOWNSTAIRS RENTING IT OR SHE'S LIVING DOWNSTAIRS, THEN IS SHE STILL, SHE'S STILL GONNA BE ALLOWED TO RENT THAT APARTMENT UPSTAIRS? YES.
NOW AS LONG AS SHE'S LIVING THERE, NO, NOT UNLESS IT GETS, NOT UNLESS IT GETS APPROVED TODAY.
IT HAS TO BE APPROVED TODAY BEFORE SHE CAN HAVE ANYBODY RESIDE UP THERE.
THAT'S WHAT I'M SAYING, BECAUSE SHE WAS WANTING IT FOR ADDITIONAL INCOME.
RIGHT NOW IT'S EMPTY BECAUSE YOU SAID YOU'RE STAYING WITH YOUR PARENT, YOUR, YOUR MOM AND YOUR SISTER RIGHT NOW.
SO YOU HAVE MOVED DOWNSTAIRS AND IT'S GET APPROVED TODAY, THEN SHE'S NOT GONNA BE ABLE TO LEASE THAT OUT FOR ANY ADDITIONAL INCOME.
THAT'S TO HELP HER DAUGHTER'S COLLEGE FUNDS, CORRECT? RIGHT NOW IS IT EMPTY? YEAH.
RIGHT NOW THE UPSTAIRS IS NOT BEING OCCUPIED BY ANYBODY.
BECAUSE YOU MOVED DOWNSTAIRS WITH YOUR MOM, RIGHT? YES.
AND MY SON'S A MINOR AND HE HAD TO MOVE DOWNSTAIRS WITH ME AND HE'S THE ONE I WAS TRYING TO HELP WITH THE COLLEGE, BUT IF I CAN'T THEN I DON'T KNOW WHAT I'M GONNA DO.
I MEAN, EVENTUALLY IN STUFF FOR ANYTHING, YOU KNOW, HE'LL BE GRADUATING NEXT YEAR AND MY HOPE AND STUFF OR ANYTHING IS FOR HIM JUST TO MOVE BACK IN, YOU KNOW, AND DO IN-STATE COLLEGE AND THAT WAY BECAUSE I'LL BE HONEST, HE CAN'T AFFORD TO LIVE ON HIS OWN EITHER.
MOST OF 'EM CAN'T AT THAT AGE.
SO
EVEN IF SOMETHING HAPPENED TO MY MOM AND MY SISTER, WHICH I KNOW IT WILL, MY HOPE WAS THAT,
[00:35:01]
YOU KNOW, HE WOULD MOVE IN UPSTAIRS AND, BUT IT'S GOTTA BE SOMETHING HE COULD AFFORD.HE, HE CAN'T AFFORD ANYTHING OUT THERE RIGHT NOW.
ANY MORE QUESTIONS OR SHOULD WE GO THROUGH THE POINTS? AND THE OTHER THING IS, SO SAY LIKE LATER ON HE GOES, HE FINISHES COLLEGE OR WHATEVER AND HE STARTS HIS OWN LIFE.
SO YOU'RE SAYING WHEN I SAW IT AND STUFF, LIKE ANYTHING, AS LONG AS I AGREE TO CHANGE IT BACK INTO A SINGLE FAMILY HOME OR IF IT'S, IT'S NOT YOU AGREEING TO IT.
SO THE WAY THAT IT WORKS IS IF WE PUT THAT STIPULATION IN THAT IT AUTOMATICALLY REVERTS BACK TO SINGLE FAMILY WHEN YOU SELL IT, THE MOMENT YOU SELL IT, IT AUTOMATICALLY REVERTS BACK.
IF WE PUT THAT STIPULATION IN, IT CANNOT BE ADVERTISED OR SOLD AS A DUPLEX.
IT WOULD BE SOLD AS A SINGLE FAMILY HOME.
BUT UNTIL SHE WOULD SELL IT, SHE WOULD STILL HAVE THE ABILITY TO RENT THE UPSTAIRS APARTMENT.
SHE WOULD HAVE ONLY IF WE GRANT THIS EXCEPTIONS.
BUT MY THING IS, LATER ON IN LIFE, IF I GO TO SELL IT AND IT'S SET UP AS A DUPLEX NOW OR YOU KNOW, MULTI-FAMILY HOME, I, I, I DON'T KNOW HOW TO TURN IT BACK INTO A SINGLE FAMILY HOME.
I DON'T THINK IF IT WAS EVER A SINGLE FAMILY HOME TO BEGIN WITH, IT'S ALWAYS, YOU KNOW, AS FAR AS I KNOW AND STUFF, EVERYTHING HAD EVERYTHING SEPARATE.
ALL THE UTILITIES ARE SEPARATE THAT I'M SURE AT ONE POINT IT WAS SINGLE FAMILY LONG, LONG TIME AGO.
PROBABLY, I THINK THIS PROPERTY WAS BUILT AS A DUPLEX REALLY.
I DO, I COULDN'T FIND ANY RECORD OF THE ACTUAL BUILDING PLANS OF IT.
IT'S BEEN THERE FOR A LONG, LONG TIME.
WE'RE TALKING ABOUT MANY YEARS.
I MEAN, IT'S GOT ITS OWN ENTRANCE.
IT'S WATER METER ELECTRIC AND EVERYTHING.
IT'S HAD YEARS LIVING AS A DUPLEX IN THIS NEIGHBORHOOD WITH NO ADVERSE IMPACT, IMPACT ON THE NEIGHBORHOOD.
I'M CONCERNED FOR THE CITIZEN'S PROPERTY RIGHTS.
I DON'T THINK WE SHOULD BE PUTTING A RESTRICTION ON HER AT ALL.
NO, I'M JUST EXPLAINING TO HER IF WE DO.
SHE DON'T HAVE TO DO ANYTHING.
IT AUTOMATICALLY REVERTS BACK.
'CAUSE SHE WAS ASKING, SHE DIDN'T KNOW HOW TO DO IT, SO I WAS JUST TELLING HER IT WOULD AUTOMATICALLY IF WE PUT THAT STIPULATION ON.
BUT I MEAN THE PHYSICAL STRUCTURE THERE, THERE'S LIKE A BIG COST TO TRY TO, YOU KNOW, TAKE OUT A KITCHEN AND I DON'T KNOW HOW.
YEAH, WELL I MEAN THAT, THAT, THAT, THAT, THAT WOULD BE, I IRRELEVANT ON WHETHER IT WAS SINGLE FAMILY.
LIKE RIGHT NOW YOU HAVE IT ASS SINGLE FAMILY AND IT'S GOT TWO KITCHENS SO YOU CAN HAVE A SINGLE FAMILY HOUSE THAT HAS A, A LIVING SPACE DOWN IN THE BASEMENT FOR LIKE IN-LAWS OR SOMETHING.
SO, AND IT'S STILL SINGLE FAMILY.
SO YOU WOULDN'T HAVE TO PHYSICALLY CHANGE THE BUILDING IF YOU SOLD IT IS WHAT I'M SAYING.
YOU WOULDN'T HAVE TO PHYSICALLY DO ANYTHING TO THE PROPERTY.
BUT APPARENTLY WHEN IT WAS BUILT, IT WAS BUILT AS A TWO FAMILY HOUSE.
POSSIBLY AND LIKELY UNTIL SHE REQUESTED THE SWITCH TO SINGLE FAMILY.
IT HAS ALWAYS LIVED AS A DUPLEX.
WITHOUT ANY IMPACT ON THE NEIGHBORHOOD.
IT'S ALWAYS HAD NICE PEOPLE RENTING THERE.
IT'S ALWAYS BEEN IN GOOD CONDITION.
I GO DOWN THAT STREET ALL THE TIME.
WE'RE GONNA GO THROUGH THE POINTS TO MEET A SPECIAL EXCEPTION.
WE HAVE TO GO THROUGH THESE POINTS AND MEET ALL THESE POINTS BEFORE WE CAN GRANT A SPECIAL EXCEPTION.
OKAY? IF YOU WANT YOU CAN HAVE A SEAT SO YOU DON'T HAVE TO STAND THERE.
SO THE FIRST ONE IS THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CO OF THE CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE.
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.
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 AND BUILDINGS.
OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATIONS, OR ANY OTHER CHARACTERISTICS THEN WOULD BE THE OPERATIONS OF ANY PERMITTED USE NOT REQUIRING A SPECIAL PERMIT.
PARKING AREAS WILL BE OF ADEQUATE SIZE FOR THE PARTICULAR USE, PROPERLY LOCATED AND SUITABLY SCREENED FROM ADJOINING RESIDENTIAL USES AND THE ENTRANCE AND EXIT DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY.
PUBLIC UTILITY SERVICES, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER WILL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WILL HAVE SUITABLE ACCESS THERE TOO.
AND THE PROPOSAL WILL NOT OVERBURDEN OVERBURDEN EXISTING FACILITIES
[00:40:01]
OR ANY ONSITE WATER SUPPLY, SEWAGE TREATMENT OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THE PROPOSED USE.I JUST WANNA MAKE SURE FOLLOW THIS ALONG.
WAS IT FOUR OH ON NUMBER ONE THE THOSE USE IN THE ARMY WITH THE PURPOSE OR WAS IT THREE ONE? WAS IT THREE VOTES? I SAY I WAS AGREE.
I THOUGHT EVERYBODY SAID BRENDA, I DIDN'T HEAR BRENDA SAY ANYTHING.
IF I SAY NO, IT'S STILL THREE ONE.
ONLY NOT ONLY BECAUSE THE CURRENT, THE COMPREHENSIVE PLAN DOES PROMOTE SINGLE AND PROMOTE SINGLE FAMILY RESIDENTIAL IN THAT.
I I, BECAUSE I DIDN'T HEAR YOU SAY ANYTHING.
THAT'S WHY I WANTED TO MAKE SURE WHEN WE WERE WRAPPING THAT.
UM, I HAVE NO PROBLEM WITH HER HAVING IT AS A DUPLEX WHILE SHE'S LIVING THERE.
BUT I DO BELIEVE THE COMPREHENSIVE PLAN WANTS SINGLE FAMILY IN THAT.
SO THE BOARD HAS NOW FOUND THAT, THAT SHE HAS MET ALL THE REMARKS.
AS WE ALL KNOW, IF YOU MEET ALL THE REQUIREMENTS THEN THERE'S THE SPECIAL EXCEPTION.
SHOULD GRANT, IS THERE A MOTIONS OR, OR ANY, UH, REASONABLE RESTRICTIONS THAT THE BOARD WANTS TO SEE ON THIS GRANT WITH SPECIAL EXCEPTION? I, I PERSONALLY, AND THIS MAY NOT APPLY TO THE ENTIRE BOARD, I PERSONALLY WOULD LIKE TO HAVE, UH, A STIPULATION THAT IT BE OWNER OCCUPIED.
WOULD YOU MAKE THAT AS A MOTION? I WOULD, I JUST NEED TO SEE IF THERE'S A SECOND.
DOES ANYBODY SECOND THAT? KYLE? IT SOUNDS LIKE IT FAILS.
I'LL ENTERTAIN ANOTHER MOTION.
I'D LIKE TO MOVE TO APPROVE THE SPECIAL EXCEPTION REQUEST.
DO I HAVE A SECOND? I'LL SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
YEAH, YOU'RE APPROVED, YOU'RE APPROVED FOR TWO FAMILY.
BUT IF, BE AWARE THAT THERE'S THE ABILITY FOR SOMEONE TO APPEAL IT IF THEY CHOOSE STILL
IT CAN BE APPEALED WITHIN IN 30 DAYS.
SO THEN WHAT YOU WANNA DO, IF IT'S APPEALED, THEN IT GOES TO CIRCUIT COURT.
IF IT'S NOT APPEALED THEN IT'LL BE WRITTEN AS UBSTANCE.
SO THE CITY WILL SEND YOU A LETTER WITHIN 30 DAYS, BUT SOMEBODY STILL HAS THE RIGHT WITHIN THOSE 30 DAYS TO APPEAL IT TO CIRCUIT COURT AND THEN A CIRCUIT COURT JUDGE WILL MAKE A DECISION WHETHER OUR FINDING WAS TRUE OR IF, UH, THE FINDING WAS WRONG.
ARE YOU SURE YOU UNDERSTAND? NO.
WHAT YOU SOUGHT TODAY WAS TO SEPARATE THAT BACK INTO A TWO DWELLING RESIDENCE WITHOUT ANY RESTRICTION ON, ON YOUR CURRENT OCCUPANCY OR FUTURE SALE OR USE OF THAT PROPERTY THAT'S BEEN GRANTED TO YOU.
SO YOU'RE GOOD TO GO? I JUST WANTED YEP, YOU GOT EXACTLY WHAT YOU ASKED FOR.
I MEAN, UM, IF, IF, IF YOU HAVE ANY QUESTIONS, YOU CAN GIVE ME A CALL.
UM, BUT I DIDN'T WRITE CARD SO I CAN'T GIVE YOU THE CARD.
BASICALLY YOU WERE APPROVED BUT THERE IS A CHANCE THAT SOMEBODY COULD APPEAL IT.
OBVIOUSLY IT WON'T BE THIS BOARD THAT APPEALS IT 'CAUSE OUR DECISION WAS MADE SOMEBODY ON THE OUTSIDE, BUT SOMEBODY ON THE OUTSIDE CAN APPEAL IT.
SO IF YOU HAVE ANY QUESTIONS, JUST GIMME A CALL.
PROJECT NUMBER 2025 DASH 12 DASH V VARIANCE.
THE PROPERTY IS LOCATED AT 8 51 EAST MOELLER AVENUE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP SEVEN AS PARCEL 16.1.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.02, ROOF SIGN, AND 6.08 PROHIBITED SIGNS J TO ALLOW A ROOF SIGN.
MOUNTAINEER POPCORN COMPANY MICHAEL EK.
SORRY IF I BUTCHERED YOUR NAME.
IF YOU COULD STATE YOUR NAME AND YOUR ADDRESS,
[00:45:01]
YOUR RESIDENTIAL ADDRESS FOR THE RECORD.1 5 6 7 TURNER ROAD, SHEPHERDSTOWN, WEST VIRGINIA 2 5 4 4 3.
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.
MADAM, JUST TO, TO MAKE SURE WE UNDERSTAND WHERE WE'RE AT.
GUESS IT WAS THREE OR FOUR MONTHS IN NOVEMBER, NOVEMBER, NOVEMBER, NOVEMBER.
THEY APPEARED HERE APPEALING A DECISION, UH, UH, OR LATER YOU SAID THAT THE SIGN ON THAT BUILDING WAS A ROOF SIGN? YES.
AND THIS BOARD OF HEALTH, THE DETERMINATION BY MR. FRENCH, THAT'S NOT THE SAME THING AS IF HE WOULD'VE COME TO US FOR A VARIANCE AND WE DENIED IT.
'CAUSE OUR ORDINANCE SAYS IF YOU COME TO US AND WE DENY IT, YOU NOW HAVE TO WAIT A YEAR.
I THINK YOU'RE RIGHT, YOU HAVE TO WAIT A YEAR.
BUT BECAUSE IT WAS A, AN APPEAL OF A ADMINISTRATIVE CONSULTATION THAT ONE YEAR DOES NOT APPLY INVOKE, THAT'S WHY HE'S STILL ABLE TO COME HERE AND ASK FOR THE VARIANCE AT THIS TIME.
'CAUSE IT WAS AN ADMINISTRATIVE APPEAL VERSUS A VARIANCE BECAUSE THE VARIANCE WERE YES.
SO HE'S, HE'S NOT BARR BY THE ONE YEAR RULE.
I JUST WANTED TO MAKE SURE WE ALL WERE AWARE OF THAT DEAL.
SO IF YOU WOULD PLEASE TELL US WHAT IT IS OKAY.
FIRST I'D LIKE TO APOLOGIZE FOR WASTING EVERYONE'S TIME IN NOVEMBER BECAUSE OBVIOUSLY IT'S A ROOFTOP SIGN.
UM, WHAT I'D LIKE TO DO IS, YOU KNOW, THE EXISTING SIGN, IT'S BEEN THERE 30 PLUS YEARS, UM, JUST REPLACED THE SKINS WITH OUR COMPANY'S, UH, LOGO ON IT.
UM, AT THE TIME I PURCHASED THE PROPERTY, I WAS UNAWARE THAT ROOF SIGNS WERE PROHIBITED.
UM, WE PUT A SIGNIFICANT, UM, AMOUNT OF IMPROVEMENTS WITHIN THE PROPERTY, UM, AND REALLY CLEANED UP THAT CORNER WHEN YOU ENTERED THE CITY.
WE'VE HAD COMPLIMENTS FROM RESIDENTIAL NEIGHBORS, UH, COMMERCIAL NEIGHBORS, UH, THAT THEY'RE VERY IMPRESSED WITH THE IMPROVEMENTS.
UM, I'M ASKING FOR VARIANCE TO KEEP THE EXISTING BOX, PUTTING A NICE, CLEAN, UH, LOGO IN THAT.
UM, I HAD CONTRACTORS COME OUT AND, UH, BOTH CONTRACTORS SAID THAT THEY COULD NOT GUARANTEE THAT IT WOULD NOT, UM, LEAK AFTER THEY REMOVED THE BOX 'CAUSE OF THE, THE BRACES THAT ARE GOING DOWN THROUGH THE ROOF AND THERE'S AN ELECTRICAL LINE.
UH, SO THAT WOULD CAUSE ME FINANCIAL HARDSHIP LIKELY HAVE TO REPLACE THE ENTIRE ROOF.
ALSO, I WANT TO NOTE THAT THE PREVIOUS OWNERS ANNEXED THAT CORNER TO THE CITY OF MARTINSBURG AND THE CITY PUT, UM, A WELCOME MARTINSBURG SIGN AND FLOWER POT, WHICH WOULD SIGNIFICANTLY IMPACT ANY VIEW OF THE FRONT OF THE BUILDING IF I WERE TO PUT A STAND A SIGN.
SO FOR THOSE REASONS, I'M ASKING FOR A VARIANCE, UH, TO KEEP THE EXISTING ROOF SIGN.
ANY QUESTIONS FOR THE APPLICANT? NO MA'AM.
WE'LL MOVE ON TO STAFF REPORT.
THE APPLICANT IS PROPOSING TO REUSE THE EXISTING FOUR BY 12 FOOT, UH, ROOF SIGN OFF THAT FROM THE SEASON'S BEST SEAFOOD, WHICH CLOSED IN 2021, THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.02, ROOF SIGN, AND 6.08 PROHIBITED SIGNS, UH, JAY TO ALLOW A ROOF SIGN IN THE URBAN RESIDENTIAL THREE DISTRICT.
UM, SO I ALSO INCLUDED SEVERAL OTHER PICTURES KIND OF GIVING EVERYBODY, YOU KNOW, WHAT HAS BEEN DONE.
UM, ALSO THE NOTABLE INFORMATION.
SO THIS STARTED AS A PERMIT, AS, AS MR. SAYER WAS SAYING.
AND, UH, THAT PERMIT WAS DENIED BY BECAUSE IT WAS DEEMED AS A ROOF SIGN.
UH, THE APPLICANT APPEALED THE DECISION IN THE, UH, NOVEMBER 12TH, 2024, UM, BOARD OF ZONING APPEALS MEETING.
UH, IT WAS UPHELD AS A SLOPE ROOF SIGN.
UM, THE APPLICANT WAS GIVEN A DEADLINE OF JULY 1ST, 2025 BY THE PLANNING DEPARTMENT TO REMOVE THE SIGN.
BUT DIDN'T, UM, THEN THE VARIANCE COME THROUGH.
ANY QUESTIONS FOR STAFF OR THE APPLICANT? NO MA'AM.
ANYBODY ON THIS SIDE? UM, BRENDA STANKIN, HOLD ON.
AM I, I THOUGHT I READ THIS HERE.
UH, THE ROOF SIGN AS IT STANDS, DOES NOT, IT'S BELOW THE, THE TOP OF THE ROOF, CORRECT? THE PEAK? YEAH, I'M IN THE CENTER OF THAT SECTION OF ROOF.
ANY OTHER QUESTIONS? NOT CURRENTLY.
OUR, THE PUBLIC PORTION, NOT STAFF REPORT.
SORRY, LEMME MAKE YOU SPEAK AGAIN.
[00:50:01]
PORTION IS NOW OPEN.ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT? PLEASE COME FORWARD.
IF YOU CAN STEP ASIDE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.
HELLO, I'M BERNICE COLI AND I LIVE AT 30 96 EAGLE SCHOOL ROAD, MARTINSBURG, WEST VIRGINIA.
AND I MAY NOT EVEN HAVE A RIGHT TO SPEAK BECAUSE I LIVE IN THE COUNTY AND NOT IN THE CITY, BUT I DRIVE BY THAT CORNER EVERY DAY, JUST ABOUT EVERY DAY OF MY LIFE.
AND I CAN TELL YOU THAT I DON'T THINK THE CITY COULD HAVE FOUND A BETTER BUSINESS PARTNER THAN THE VAL VAL SIX.
THEIR, UH, MOUNTAINEER POPCORN ON THAT LOCATION HAS IMPROVED THAT AREA 150,000 TIMES, MOREOVER, THAN WHAT WAS THERE.
AND I, EVERY TIME I GO BY, I, I THINK IT'S A JOY TO LOOK AT AND I THINK THE CITY SHOULD BE VERY PROUD AND PLEASED THAT SOMEONE HAS INVESTED IN THE CITY TO MAKE THAT.
THE EAST, I GUESS, IS COMING FROM THE EAST GATEWAY INTO THE CITY.
AND I LOVE THE MARTINSBURG SIGN THERE AND JUST DON'T HOLD THIS AGAINST THEM, PLEASE.
I JUST WISH THE CITY WOULD GET RID OF THOSE BIG ROUND THINGS OUT THERE AND PUT IN A NICE PLANTER AND THAT WOULD JUST BE JUST THE, IT WOULD JUST TOP THAT OFF BEAUTIFULLY THERE.
SO, UM, I AM, I'M EXCITED TO HAVE MOUNTAIN YEAR POPCORN THERE.
I THINK THAT THEY ARE, THEY, YOU COULDN'T FIND A BETTER BUSINESS TO COME INTO THE CITY AND I THINK THAT, UM, YOU WILL OWN THE CITY WILL ONLY, UM, BECOME A BETTER BECAUSE OF THEM BEING THERE.
SO THANK YOU VERY MUCH FOR ALLOWING ME TO SPEAK EVEN THOUGH I DON'T BELONG IN THE CITY.
ANYBODY ELSE WISHING TO SPEAK IN FAVOR OF THE APPLICANT.
SHOULD NOBODY COMING FORWARD, ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT AGAIN? NOBODY COMING FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
SO BEFORE WE CAN DO A VARIANCE, WE GOTTA DO THE JUSTIFICATION FOR A VARIANCE.
BEFORE WE DO THAT, DOES ANYBODY HAVE ANY QUESTIONS? I HAVE NO QUESTIONS.
SO THE FIRST ONE, 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 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 TO BE DONE.
AGREE MADAM CHAIR, I JUST WANNA MAKE SURE THAT I UNDERSTAND, UH, THAT THAT BODY THAT RISE RISES FOR SPECIAL CONDITIONS, ATTRIBUTES RETAIN THE PROPERTY.
ARE WE SAYING BECAUSE THE SIGN HAS BEEN THERE FOR OVER 30 YEARS AND WAS THERE WHEN IT WAS PURCHASED, THAT'S PART OF THE SPECIAL THAT IS CORRECT.
CONDITIONS AND ATTRIBUTES AND WHAT'S NOT CAUSED BY THE, BY THE, UH, APPLICANT? YES.
JUST WANT TO MAKE SURE THAT'S WHERE WE'RE AT.
DO MORE DAMAGE TO TAKE IT OFTEN AND LEAVE IT AND UTILIZE IT.
I MAKE A MOTION TO APPROVE THE VARIANCE REQUEST FOR 8 51 EAST MOLER AVENUE, PROJECT 2 0 2 5 DASH 12 DASH V TO ALLOW A ROOF SIGN IN URBAN RESIDENTIAL DISTRICT SO LONG AS THE APPLICANT ADHERES TO THE STIPULATION SET FORTH BY THE BOARD.
DO I HAVE A SECOND? I'LL SECOND MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAY AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
DO I HAVE TO FILL OUT ANOTHER SIGN APPLICATION OR ARE WE GOOD TO GO? NO, I'LL GO AHEAD AND MAKE THE CHANGE WITH YOUR SIGN APPLICATION.
ACTION ITEMS. NO OTHER BUSINESS.
I'LL ENTERTAIN A MOTION TO ADJOURN.