* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OFFICIAL T-MOBILE. OKAY, SO IT'S SIX 30. [1. CALL TO ORDER] SO WE'LL GO AHEAD AND CALL THE MEETING TO ORDER. CAN I GET A ROLL CALL PLEASE? MARY DIER? PRESENT. JAMIE LOPEZ? HERE. BRENDA CASABONA? HERE. SHERRY SARD? HERE. MONIQUE BOOTS. SANDRA LANSDOWN. HERE. CHRISTINA BRINER. HERE. KEN SAYER HERE. OKAY. NEXT IS APPROVAL OF [3. APPROVAL OF MEETING MINUTES] THE MEETING MINUTES FOR APRIL 1ST, 2025. EVERYBODY RECEIVED THAT IN A READ AHEAD? I WILL ENTERTAIN A MOTION IF THERE'S NO DISCUSSION, I MOVE TO ACCEPT THE MEETING MINUTES. OKAY, GOT A MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. OKAY. I GUESS BEFORE WE GO ANY FURTHER, WE'RE MISSING A BOARD MEMBER. SO AN ALTERNATE NEEDS TO SIT IN, RIGHT? YES. ONE OF THE ALTERNATES WILL NEED TO BE A VOTING MEMBER. IT'S AND YES, I DID THE LAST TIME. ALRIGHT. I ALWAYS KEEP TRACK OF YOU STILL CAN PARTICIPATE, YOU JUST, I UNDERSTAND. THANK YOU. OKAY, THAT WORKS. ALL RIGHT. NO UNFINISHED BUSINESS. WE'LL MOVE ON TO NEW [5. NEW BUSINESS/PUBLIC HEARINGS] BUSINESS. PROJECT NUMBER 2025 DASH 32 DASH B. IT'S A VARIANCE. THE PROPERTY IS LOCATED AT ONE 15 EAST STEVEN STREET, 3 21 SOUTH SPRING STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 14 AS PARCELS 5 21, 5 22 AND 5 23. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.06, FIGURE THREE DASH FIVE D 0.1 TO EXCEED THE MAX FRONT SETBACK FOR OUTBUILDINGS, ALPHA ASSOCIATES INCORPORATED CHUCK BRANCH WHO IS HERE TO REPRESENT THEM. OKAY. BEFORE YOU GET STARTED, UM, ARE YOU GONNA SPEAK AT ALL? UH, IF THERE'S A QUESTION ASKED THEN I CAN ADDRESS YES. THEN WILL YOU COME UP SO WE CAN SWEAR YOU BOTH IN AT THE SAME TIME? SURE. ALL RIGHT. IF YOU BOTH CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, YES. CHUCK BRANCH, ALPHA ASSOCIATES. 5 35 WEST KING STREET, MARTINSBURG. OKAY. DEACON PATRICK. MICHELLE, UH, 1622 LAKESIDE DRIVE, HARPER FERRY, WEST VIRGINIA. OKAY. IF YOU BOTH 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? YES. ALRIGHT, THANK YOU. OKAY, NOW YOU CAN PROCEED. PLEASE EXPLAIN TO US WHAT IT IS YOU WOULD LIKE TO DO. UH, AS YOU CAN SEE FROM THE SITE PLAN THAT'S SUBMITTED, UH, WE ARE PROPOSING THE CONSTRUCTION OF A CLASSROOM BUILDING FOR ST. JOSEPH'S SCHOOL. WE ARE UNDERGOING A MERGER PLAT FOR PARCELS 5 21, 5 22, AND 5 23. UH, 5 23 IS A LARGE PARCEL, UH, ALONG EAST STEVEN STREET. 5 21 AND 22 ARE THE SMALLER PARCELS THAT CONTAIN MOST OF THE NEW STRUCTURE. UH, THAT MERGER IS ONGOING RIGHT NOW. UM, WE ARE REQUESTING A VARIANCE FOR THE FRONT SETBACK, UH, FROM 50 FEET, UH, MAXIMUM TO A HUNDRED FEET MAXIMUM. UH, PRIMARILY BECAUSE THE NEW BUILDING, WE WANTED THE NEW BUILDING TO BE FURTHER TO CONNECTED TO THE BUILDING ON THE FRONT. WE COULD NOT DO THAT BECAUSE OF AN EXISTING SEWER LINE THAT RUNS THROUGH THERE. WE HAVE A LARGE 15 INCH, UH, SANITARY SEWER DRAIN WITH A 10 FOOT EASEMENT THAT RUNS RIGHT THROUGH THE MIDDLE OF THIS PROPERTY. SO WE PUSHED IT FURTHER BACK TO AVOID THAT SANITARY SEWER LINE. IT WAS KIND OF THE ONLY PLACE LEFT TO GO WITH IT, UH, WHICH THEN FORCES US INTO THIS VARIANCE, UM, AS PART OF THIS REQUEST. OKAY. ANY APO ANY QUESTIONS FOR THE APPLICANT? NO QUESTIONS. NO. NO. ALL RIGHT. WE'LL MOVE ON. THE STAFF REPORT. THE APPLICANT IS PROPOSING TO INSTALL A 68 BY 64 MODULAR CLASSROOM OUTBUILDING ROUGHLY A HUNDRED FEET FROM THE REAR OF THE PROPERTY. THIS IS AN ADJUSTMENT TO THE FRONT SETBACK REQUIREMENT OF 50 FEET MAXIMUM FROM THE REAR. UH, D SETBACKS OUTBUILDING D ONE FOR AN OUTBUILDING IN THE DOWNTOWN NEIGHBORHOOD, DT FOUR DISTRICT. UH, THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE OUTBUILDING SETBACKS. UH, NOTABLE INFORMATION, THE PROJECT HAS GONE THROUGH HPRC. THEY APPROVED, UH, THERE'S A SITE PLAN, UH, ON THE MAS AGENDA TOMORROW. UM, AND THE, THEY ARE PLANNING TO MERGE THE PROPERTIES TOGETHER TO FORM ONE PARCEL. THAT'S IT. OKAY. ANY QUESTIONS FOR STAFF? NO QUESTIONS. 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. AGAIN, NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. SO IN ORDER TO GRANT A VARIANCE, WE NEED TO GO THROUGH THE POINTS OF A VARIANCE. SO IS THERE ANY QUESTIONS BEFORE WE DO SO? NO QUESTION. NOPE. OKAY. FIRST ONE IS, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS [00:05:01] OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE. 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. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE. AGREE. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED IN SUBSTANTIAL JUSTICE. DONE. AGREE. AGREE. OKAY. WE'RE ALL IN AGREEMENT THEN. I WILL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE REQUEST. I HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND IT. MOTION AND A 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. VERY GOOD. WE THANK YOU VERY MUCH. THANK YOU. GOD BLESS YOU ALL. BLESS YOU. OKAY, MOVING ON. PROJECT NUMBER 2025 DASH 33 DASH V. THIS IS A VARIANCE. THE PROPERTY IS LOCATED AT 6 0 5 NORTHWESTERN AVENUE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP THREE AS PARCEL 29.3. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04 FIGURE THREE DASH TWO C 0.1 TO EXCEED THE MAX PRINCIPLE BUILDING FRONT SETBACK AND F 0.1 TO ALLOW FRONT PARKING T LANE HOLMES LLC TRACY BARNHART. YES. IF YOU COULD COME FORWARD PLEASE INTO THE MICROPHONE. STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME'S TRACY BARNHART T LANE HOMES 28 42 WARM SPRINGS ROAD, SHINDO JUNCTION, WEST VIRGINIA 2 5 4 4 2. OKAY. AND IF YOU CAN JUST GIVE US A SYNOPSIS OF WHAT IT IS YOU WANNA DO. UM, I PURCHASED THE PROPERTY NOT REALIZING THAT YOU ALL HAD ALREADY PUT INTO EFFECT THAT YOU HAVE THE EIGHT FEET MINIMUM 18 FEET MAXIMUM. I HAVE A PAPER HERE, I APOLOGIZE. WAS NOT TURNED IN AT THE TIME. IT IS RECORDED EASEMENT AGREEMENT WITH THE PREVIOUS OWNER STATING THAT THEY HAVE A 20 FOOT RIGHT OF WAY ACROSS FROM THE PROPERTY. UM, ALL I WAS ASKING IS TO BE 21 FEET BACK IN ORDER TO FOLLOW WHAT IS RECORDED IN THE COURTHOUSE. AND, UM, THERE BEING THAT IT'S A MINIMUM OF A 50 FOOT LOT AND ON ONE SIDE OF IT IS AN ELECTRICAL, THE STOMACH ESTIMATE HAS THEIR POWER LINES GOING DOWN THROUGH IT. YOU HAVE TO STAY FROM THE CENTER OF THE LINE OVER 15 FEET. UM, THAT KINDA MAKES IT KIND OF HARD TO BUILD THE HOUSE 15 FEET AND THEN ALSO HAVE, I BELIEVE YOUR SIDE SETBACKS ARE EIGHT. I'M NOT QUITE SURE. I HAVEN'T KEPT UP WITH THAT. BUT TO GET THE HOUSE TO SET THE WAY IT NEEDS TO GO, THERE'S NO WAY TO PUT PARKING IN THE BACK UNLESS I REALLY SKID UNDERNEATH THAT POWER LINE. AND THEY HAVE A GROUND WIRE RIGHT OUT IN FRONT OF IT ALSO IN THE RIGHT OF WAY FOR THE, UH, WATER AND SEWER DEPARTMENT. OKAY. THE OTHER HOUSES ARE WITH ON THAT STREET ARE 26 TO 28 FEET. SITTING BACK, I WAS ONLY REQUESTING 21. I MEAN, IF IT NEEDS TO GO BACK FARTHER TO KIND OF MAKE EVERYTHING CONSISTENT, FINE. IF NOT, I'M SATISFIED WITH THE 21. I WAS JUST FOLLOWING WITH WHAT I HAVE TO DO, SO. OKAY. ANY QUESTIONS? NO, NO, I THINK I GOT IT. STAFF REPORT, THE APPLICANT IS PROPOSING TO BUILD A NEW 27 FOOT BY 50 FOOT SINGLE FAMILY HOME ON THE CURRENTLY VACANT LOT, WHICH IS 50 BY 200. UH, THE LOT IS LOCATED IN THE URBAN RESIDENTIAL THREE DISTRICT. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04, FIGURE THREE DASH TWO CCC ONE TO EXCEED THE MAXIMUM PRINCIPLE FRONT SETBACK OF 16 TO ALLOW FOR A MAXIMUM, UH, FRONT BUILDING SETBACK OF 21. UH, AND ALSO REQUESTING FOR A VARIANCE FOR THE PARKING TO BE ALLOWED IN THE FRONT. UH, THAT'S SECTION 3.04 F TWO OR F1, WHICH STATES PARKING IS ONLY ALLOWED IN THE REAR PARKING SHOULD BE ACCESSED BY AN ALLEY. UM, SO TO ALLOW FOR FRONT PARKING. NOTABLE INFORMATION, UH, THE PROPERTY DOES HAVE A 20 FOOT UTILITY EASEMENT AT THE FRONT SHOWN IN THE EASEMENT PLAT FOR LOTS. 1 66 THROUGH 1 77 OF FAIRGROUND HEIGHTS, UM, WHICH IS, UH, THIS ONE. AND, UH, NO CURB CUT WILL BE NEEDED AS, UH, THIS DOESN'T CURRENTLY HAVE CURB. THAT'S IT. OKAY. ANY QUESTIONS FOR STAFF? NO, I THINK I GOT IT. OKAY. [00:10:04] HAVE WE HAD OUR PUBLIC HEARING? NO, NOT YET. UM, OKAY. ALL RIGHT. SO WE'LL MOVE ON TO THE PUBLIC PORTION OF THE MEETING. ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT? PLEASE COME FORWARD. IF YOU WANNA SPEAK IN FAVOR, YOU'LL NEED TO COME UP TO THE MICROPHONE. I'M NOT SURE IF IT'S IN FAVOR. MY NAME'S JOYCE NICELY. MILLER, CAN YOU SPEAK IN THE MICROPHONE? 'CAUSE THIS IS RECORDED. OH, I'M SORRY. YOU'RE GOOD. I OWN A HOUSE RIGHT NEXT TO HER LOT AND IT SOUNDS LIKE I HAVE NOTHING TO WORRY ABOUT. I JUST NEEDED TO EXPLAINED IT A LITTLE BIT BETTER IN CASE I I I'M JUST NOT UNDERSTANDING ALL THE PAPERWORK AND WHY I GOT INVITED. OKAY. COULD SOMEBODY, COULD SOMEBODY HELP EXPLAIN IT TO ME THAT I UNDERSTAND. I WAS IN FINANCE FOR THE TOWN OF VIENNA, VIRGINIA. I DON'T KNOW, PLANNING AND ZONING. GOTCHA. SO BASICALLY WHAT SHE'S LOOKING TO DO IS BUILD A HOUSE. RIGHT. UM, BUT THERE'S SETBACK REQUIREMENTS THAT SHE'S ASKING FOR AN EX SHE'S ASKING FOR A VARIANCE ON THOSE SETBACK REQUIREMENTS AND TO ALLOW PARKING IN THE FRONT OF THE BUILDING BECAUSE THE ORDINANCE STATES PARKING HAS TO BE IN THE REAR. MINE'S IN THE FRONT. YEAH, I UNDERSTAND. BUT THAT PREDATES THE CURRENT ZONING ORDINANCE. OKAY. SO THE CURRENT ZONING ORDINANCE STATED STATES THAT ALL THE PARKING NOW HAS TO BE IN THE REAR. OKAY. THANK YOU. SO IT REQUIRES A VARIANCE TO DO SO STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. KELLY MILLER AND 6 0 3, UH, NORTHWESTERN WITH ADDRESS, MY ADDRESS OR HERS? YOURS. MINE IS IN, UM, TWO 11 FALLS WAY LANE, STAFFORD, VIRGINIA. I'M HERE WITH MY MOM. OKAY. UM, BUT IF THE FRONT ACCESS PARKING LOT, COULD IT POSSIBLY TAKE DOWN SOME OF THAT GATE THAT'S AT THE, THE, UM, THE APARTMENTS? THERE'S A WHOLE LINE OF A GATE OF FENCING AND THEN SHE MIGHT COULD POSSIBLY ACCESS A PARKING FROM THERE EASIER INTO HER DRIVEWAY BECAUSE IT'S IN RIGHT IN THE MIDDLE OF A DANGEROUS CURVE. PEOPLE DON'T SLOW DOWN LIKE IT. YOU WOULD BE REAR-END SO MANY TIMES IF YOU HAD A DRIVEWAY AT THE CURVE. I JUST, IT SCARES ME KIND OF FOR YOU, . OKAY. RIGHT. THAT'S WHAT YOU WANNA JUST, OKAY. OKAY. THANK YOU. THANK YOU. OKAY. ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT? BELIEVE COME FORWARD. OKAY. LET THE RECORD SHOW NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. SO IN ORDER TO GRANT A VARIANCE, WE DO HAVE TO GO THROUGH THE EXCEPTIONS AGAIN. AND I LOST MY PAGE. HOLD ON. I JUST HAD IT MAYBE. THERE WE GO. OKAY. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE. AGREE. OKAY. 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. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE. AGREE. AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREE, AGREE, AGREE. AND THAT IS FOR THE SETBACK AND THE FRONT PARKING, CORRECT? OR DO WE NEED TO DO THOSE SEPARATE? WE CAN DO 'EM TOGETHER SO EVERYBODY AGREES TO THOSE FOR BOTH? YEAH. OKAY. JUST MAKING SURE. YEP. OKAY. WITH THAT BEING SAID THEN I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE REQUEST FOR 6 0 5 NORTHWESTERN AVENUE PROJECT 2 0 2 5 DASH 33 DASH V TO EXCEED THE MAX FRONT PRINCIPLE BUILDING SET BACK OF 16 FEET TO ALLOW FOR A FRONT PRINCIPAL BUILDING SETBACK OF 21 FEET AND TO ALLOW FOR PARKING TO BE LOCATED IN THE FRONT. I HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY SIGNIFY BY SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. ALRIGHT, THANK YOU'ALL. YOU'RE WELCOME. WELCOME. HAVE A GOOD NIGHT. YOU TOO. ALL RIGHT, MOVING ON TO PROJECT NUMBER 2025 DASH 34 DASH SE. THIS IS A SPECIAL EXCEPTION. THE PROPERTY IS LOCATED AT 5 63 NORTH QUEEN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP FIVE AS PARCEL 92. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR A MULTI-FAMILY DWELLING IN URBAN RESIDENTIAL KEYS, INVESTMENTS, LLC WEST KEYS. IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. UM, WES KEYS [00:15:01] 1 1 7 CAMBRIAN COURT, MARTINSBURG, WEST VIRGINIA 2 5 4 8 3. OKAY. AND IF YOU RAISE YOUR RIGHT HAND, CAN I SWEAR YOU IN? YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. OKAY. CAN YOU GIVE US A SYNOPSIS OF WHAT ELSE YOU WANNA DO? UM, YEAH. WE WANT TO TAKE THE EXISTING BUILDING AT 5 63 NORTH QUEEN, UM, WHICH IS MORE OF A COMMERCIAL BUILDING FROM THE VISUAL ON THE FRONT, UM, AND TURN IT INTO FOUR APARTMENTS. UM, WE'RE ABLE TO, WITHIN THE LOT SIZE, CREATE PARKING OFF OF PENNSYLVANIA AVENUE WHERE THERE'S ALREADY A CURB CUTOUT INTO THE BACK AND STAY UNDER THE, UM, IMPERVIOUS GROUND COVERAGE. UM, SO THE PARKING WOULD BE IN THE BACK. UM, OTHER THAN THAT, IT'S PRETTY STRAIGHTFORWARD. OKAY. AND HOW MANY APARTMENTS ARE THERE GONNA BE? 'CAUSE SOME OF THE HANDWRITING'S A LITTLE HARD TO REACH. I I CAN'T BELIEVE THAT . UM, I'M PLANNING ON FOUR FOUR APARTMENTS. IS IT GONNA BE LIKE TWO UPSTAIRS? TWO DOWNSTAIRS? YES. FOUR WITH, UM, FOUR SEPARATE ENTRANCES. UM, YOU KNOW, ACCESS TWO FROM THE FRONT ON THE, UM, I DON'T KNOW IF THERE'S AN EXTERIOR PICTURE OR NOT, BUT THERE'S TWO EXISTING FRONT DOORS ON THERE NOW. THERE IS. UM, SO ONE APARTMENT ON THE LEFT SIDE WOULD BE THAT MAIN OLD STOREFRONT. UM, THE RIGHT SIDE WOULD, UM, ACCESS AN APARTMENT UPSTAIRS ON THE FRONT. THERE'S AN EXISTING APARTMENT UPSTAIRS THAT HAS A REAR ENTRANCE NOW ON THE BACK. UM, WE WOULD HAVE TO OPEN WHERE ONE WINDOW IS ON THE FAR RIGHT SIDE ON THE BACK, UM, RIGHT SIDE FOR A, UM, LOWER REAR APARTMENT. OKAY. AND PLAN TO KEEP EVERYTHING WITHIN THE SAME CHARACTER ON THE FRONT AND THE SIDES. UM, ALL THE WINDOW OPENINGS AND DOOR OPENINGS AND EVERYTHING ARE STAYING THE SAME. WE'RE WORKING WITHIN. SO IT'LL STILL HAVE THE HISTORIC CHARACTER. UM, JUST BE NEW AND UPDATED. AND HOW MANY BEDROOMS ARE THE APARTMENTS GONNA BE? UM, THEY'RE ALL ONE, ONE WILL BE A STUDIO. OKAY. THAT'S WHAT I THOUGHT. JUST WANTED TO CONFIRM. AND WE PLAN TO DO SEPARATE WATER, ELECTRICAL, EVERYTHING FOR EACH ONE. QUESTION. ANY QUESTIONS? I HAVE A QUESTION. SURE. RIGHT. TO ANSWER. WHICH STREET IS THE DROP WAVE COMING ON? IT'S NOT COMING OFF OF QUEEN, IT'S COMING OFF THAT SIDEWALK. PENNSYLVANIA, PENN. UM, SO YEAH, WE'RE NOT, IT'S TOO CONGESTED TO COME OFF QUEEN PLUS THERE'S ALREADY A CUTOFF ON PENNSYLVANIA AND THE CURB TO GET BACK THERE AND THERE'S NO REASON TO COME ACROSS THE FRONT OF THE PROPERTY TO KEEP EVERYTHING IN THE BACK. YES. ANY OTHER QUESTIONS? NO STAFF. SO I ONLY HAD, UH, THREE APARTMENTS THERE, THAT'S WHY. BUT, UM, THE PARKING I DO BELIEVE IS STILL GOOD ENOUGH FOR, FOR FOUR. BUT, UH, SO THIS WILL MAKE SENSE WHEN I READ THE STAFF ANALYSIS. UH, THE APPLICANT IS PROPOSING TO USE THE CURRENTLY VACANT STRUCTURE AND CONVERT IT INTO A PROPERTY, UH, MULTI-FAMILY PROPERTY WITH THREE APARTMENT PROPOSED APARTMENTS WITH PARKING. THE APPLICATION IS RE REQUEST. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR A MULTI-FAMILY DWELLING IN THE URBAN RESIDENTIAL DISTRICT. UH, MULTI-FAMILY DE DWELLINGS ARE PROPOSED OR REQUIRED TO HAVE 1.2 SPOTS PER DWELLING UNIT. SO FOUR SPOTS WILL BE FOR THIS PROPERTY, WHICH THE APPLICANT HAS FIVE SPOTS IN TOTAL, WHICH MORE THAN MEETS THE PARKING NEEDS. UH, BY ADDING THE FIVE SPACES, THIS WILL BRING THE IMPERVIOUS COVERAGE UP TO 52%, WHICH IS WELL WITHIN THE ACCEPTABLE COVERAGE RANGE OF 70% MAXIMUM. UM, THEY WILL NOT NEED A CURB CUT 'CAUSE THERE IS ACTUALLY ALREADY ONE ON PENNSYLVANIA, WHICH IS WHAT THEY PLAN ON USING. OKAY. QUESTIONS FOR STAFF OR APPLICANT? NO. ALL RIGHT. WE'LL MOVE ON TO THE PUBLIC PORTION. ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD. IF YOU COULD STATE YOUR NAME AND ADDRESS IN THE MIC, PLEASE. MY NAME IS RENE RAINS AND MY HOME ADDRESS IS 5 0 9 LILAC LANE HERE IN MARTINSBURG. UM, HOWEVER, I'M HERE, UH, FROM A, AS A BOARD MEMBER FROM OTTER BY UNITED METHODIST CHURCH, WHICH IS ADJACENT TO THE PROPERTY, GREW UP IN THAT NEIGHBORHOOD. UM, SO WE ARE VERY HAPPY TO HAVE AFFORDABLE HOUSING. WE KNOW THAT THERE IS A NEED FOR THAT IN MARTINSBURG. HOWEVER, UM, OUR PARKING LOT AND OUR, [00:20:01] OUR PROPERTY IS ADJACENT TO THAT. UM, I JUST HAVE A FEW QUESTIONS. NUMBER ONE, I, WE THOUGHT THERE WERE THREE. UH, BUT AS HE SAID, THERE WILL BE ENOUGH PARKING ACCORDING TO THE, THE CODE. HOWEVER, WE KNOW THAT WITH OUR PARKING LOT RIGHT THERE, THAT MAY POSE SOME SORT OF AN ISSUE WITH PEOPLE USING OUR PARKING LOT AND WE JUST, YOU KNOW, IT IS NOT A PUBLIC PARKING LOT. UH, MANY PEOPLE THINK IT IS, BUT IT IS NOT. WE ARE, YOU KNOW, HAVE NO OBJECTION TO THE APARTMENTS. I WAS WONDERING IF THERE WILL BE ASPHALT UP TO OUR, THE LOT BETWEEN THE CHURCH AND YOUR BUILDING. I WOULD SAY TWO THIRDS OF IT BELONGS TO US BECAUSE THERE USED TO BE A HOUSE THERE NEXT TO THE CHURCH. THE NEXT THIRD WOULD BE YOURS. I JUST DIDN'T KNOW HOW YOU WERE GOING TO GET PARKING IN THAT SPACE. UH, IF YOU SEE THE I ACTUALLY COMES DOWN, I LOOKED AT THE SITE PLANT. YEAH. SO YOU'RE, SO YOU'RE GONNA HAVE ON THE SET, I'M SORRY, ON, ON THE SOUTH SIDE, YOU WILL HAVE THREE PARKING SPOTS ON THE SOUTH SIDE OF THE BUILDING, IS THAT CORRECT? YEAH, IF YOU COME IN, THERE'LL BE THREE, I BELIEVE THEY'RE WHATEVER THE CITY IS, EIGHT BY 18. OKAY. THE PARKING AT LEAST. UM, STILL THE BUT UP TO YOUR PARKING LOT, THERE'S STILL GRASSY, RIGHT? YEAH. BETWEEN THE ONES BEHIND. I WAS JUST ONE. THE ONES ON THE SIDE WAS WHAT OUR QUESTION WAS IT JUST THIS THAT THERE'S STILL COVERAGE? WILL IT BE ASPHALT, WILL IT BE GRAVEL? ALL PARKING HAS TO BE ASPHALT ALL IN TOWN. I THOUGHT THAT IT DID. WILL THERE BE A FENCE OR SOMETHING IN BETWEEN TO THE PROPERTY LINE THERE? THERE'S USUALLY NEEDS TO BE A, UM, IT DOESN'T HAVE A SPACE BETWEEN KNOWLEDGE, BUT I MEAN THERE'S A SPACE. UM, I THINK WE GOT C FROM OKAY. THE EDGE OF THE PARKING LOT OVER TO YOU. I PLAN TO DO SOME TYPE OF EDGE OR SOMETHING, BUT I CAN'T PROMISE WHAT I'M GONNA DO. OKAY. HAS IT BEEN SURVEYED, UH, TO KNOW THE, THE, THE AMOUNT OF PROPERTY THERE BECAUSE THERE WAS A HOUSE AND A YARD THERE AT ONE TIME AND YOU KNOW, I'M NOT SURE OF THE EXACTLY THE PROPERTY LINE. HAVE YOU HAD THAT? I HAVEN'T HAD A SURVEY SURVEY YET. I'M JUST GOING BY OKAY. TAX MAPS AND STUFF OF THAT NATURE. OKAY. LIKE I SAID, WE'RE NOT AGAINST THE, YOU KNOW, THE, UH, HOUSING BEING PUT THERE. WE ARE JUST CONCERNED ABOUT, UM, HOW IT WOULD IMPACT OUR PROPERTY. YEAH. YOU KNOW, I TOTALLY UNDERSTAND WHAT WE WANNA BE GOOD NEIGHBORS. WE NO, I TOTALLY UNDERSTAND. I MEAN, THE GOAL IS FOR ME TO PUT IN PARKING FOR PEOPLE NOT TO HAVE A REASON TO PARK SOMEWHERE ELSE. RIGHT. UM, OBVIOUSLY WHEN I SIGN A LEASE WITH A TENANT, THOUGH I UNDERSTAND WHERE THEIR PARKING SPOTS ARE, THEY'LL HAVE EITHER A NUMBER OR SOMETHING FOR EACH SPOT. SO THERE'S NO REASON THAT THEY SHOULD BE OVER THERE. THAT'S WHY WE'RE CREATING PARKING AND NOT TRYING TO PUT STUFF. SURE. AND IT BECOMES AN ISSUE THEN WE, WE CAN HANDLE THAT WITH OUR OWN PROPERTY, BUT WE JUST SORT OF WANTED TO KNOW WHERE THE PARKING WAS GOING TO BE AND WHAT'S, YOU KNOW, HOW IT WAS GONNA WORK OUT. SO, BUT YEAH, IT'LL BE PAID, UM, HANDLE SPOTS IN THERE THE SIZE THAT THE CITY REQUIRES FOR THAT. AND, UM, IF NEED BE, I STILL HAVE SPACE THAT I CAN ADD PARKING THERE AND STAY UNDER MY IMPERVIOUS COVERAGE. UM, THAT'S JUST, I WANTED TO KEEP AS MUCH GRASS AS I COULD FOR. YES, I UNDERSTAND THAT. BECAUSE OUR IMPERVIOUS COVERAGE IS HUGE . RIGHT. OKAY. THAT'S, THAT'S THE ONLY COMMENTS THAT WE HAVE. THE PASTOR OF THE CHURCH IS HERE WITH ME, MARY JO SIMS, AND WE THANK YOU FOR YOUR TIME, BUT, UM, YOU HAVE CLARIFIED SOME OF THE THINGS THAT WE, AND I HOPE THAT WE CAN HAVE A RELATIONSHIP, YOU KNOW, IF YOU HAVE A PROBLEM. THANK YOU. CERTAIN, OKAY. UH, ANYBODY ELSE WISH TO SPEAK IN FAVOR AGAINST? OKAY. NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. ANY QUESTIONS STAFF FOR THE APPLICANT BEFORE WE GO THROUGH THE, OKAY. I LOST MY PAGE AGAIN. NO, I DO THAT. . OKAY. SO IN ORDER TO GRANT A SPECIAL EXCEPTION, WE DO HAVE TO GO THROUGH WITH THE POINTS TO GRANT A SPECIAL EXCEPTION. THE FIRST ONE IS IT THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY. COMPREHENSIVE PLAN IN OF THIS ORDINANCE. AGREED. AGREED. OKAY. 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. I AGREE. THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND [00:25:01] 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. AGREE. AGREE. THE OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATIONS, OR OTHER CHARACTERISTICS THEN WOULD BE THE OPERATIONS OF ANY PERMITTED USE, NOT REQUIRING A SPECIAL PERMIT. AGREE. 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 DRIVES SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY. AGREE, AGREE, AGREE. PUBLIC UTILITY SERVICE, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER WILL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WE'LL 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. AGREE. AGREE. AGREE. OKAY. WITH ALL OF THAT, I WILL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE SPECIAL EXCEPTION FOR PROJECT 20 25 34 DASH SE PROPERTY LOCATED AT 5 63 NORTH QUEEN STREET. UH, APPLICATION REQUESTING A SPECIAL EXCEPTION PURSUANT TO PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR MULTIFAMILY DWELLING IN URBAN RESIDENTIAL. I HAVE A MOTION. DO I HAVE A SECOND? I, SECOND MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ANYBODY ON THIS SECOND VOTE? I CAN'T MOTION ANYBODY. ANYBODY AGAIN, I'LL SEE. AYE. THE APPLICANT. . OKAY. MOTION PASSAGE. YOU'LL RECEIVE A CI A LETTER FROM THE CITY WITHIN 30 DAYS. THANK YOU. UHHUH? ? YES. MM-HMM . ALL RIGHT. PROJECT NUMBER 2025 DASH 35 DASH V VARIANCE. THE PROPERTY IS LOCATED AT 500 WILLIAMSPORT PIKE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 26 AS PARCEL TWO. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.05, TABLE 6.01 TO ALLOW FOR MORE THAN ONE MEDIUM PROFILE GROUND MOUNTED SIGN. IRIS PROPERTY. LLC. OLLIE, I DO NOT WANNA BUTCHER THAT LAST NAME. HE COULDN'T COME. SO I'M GONNA TALK . HUH? HAVA DONE. OKAY. HAD A VAN? YEAH. HAD A VAN. OKAY. UM, JULIE Z 16 PAYNE STREET. CHARLESTOWN. WEST VIRGINIA. OKAY. TWO FIVE. 4 1 4. AND RAISE YOUR RIGHT HAND AND 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? YES. OKAY. IF YOU COULD GIVE US A SYNOPSIS OF WHAT IT IS. SO BASICALLY WE HAVE A SIGN ALREADY ON THE PROPERTY, BUT IT'S ONLY ABOUT THIS HIGH. SO THIS NEW SIGN, WHICH IS GOING TO BE LEFT, I BELIEVE IT'S, I THINK THEY SAID FIVE FEET FROM THE ROAD, BUT IT'S MORE LIKE 15, 20 FEET PAST. HE SAID IT WOULD BE IN THE SPECS. I DIDN'T READ ANYTHING. UM, BASICALLY YOU CAN'T SEE THE SMALL SIGN THAT WE HAVE. IF YOU LOOK IN THE PICTURE, IT'S THE LITTLE WHITE SQUARE THAT'S CLOSE TO THE DOOR. UM, YES. RIGHT THERE WHERE THE MOUSE IS. SO HE WANTS TO PUT A HIGHER SIGN IN. YES. THAT ONE RIGHT THERE, YOU CAN HARDLY SEE IT. AND AT NIGHT YOU CAN'T REALLY SEE IT. I DON'T THINK I GOTTA PUT THE PICTURE. KYLE IS IS THE ONLY ISSUE THAT THERE'S TWO SIGNS. SO IF HE TOOK THE OLD SIGN DOWN, HE WOULD BE OKAY. YES. YES, THAT WOULD BE FINE. HE JUST, WELL, IF THEY TOOK THE, UH, UM, SO THE INSURANCE AGENCY HAS A GROUND MOUNTED SIGN THERE THAT'S ACTUALLY HERE. MM-HMM . SO THERE'S TWO GROUND MOUNTED SIGNS NOW. WELL, I DON'T KNOW ABOUT THIS OTHER ONE. I DIDN'T KNOW ABOUT THAT OTHER ONE. THAT'S ON A, IT'S JUST ON THE, UM, SIDEWALK. YEAH. THE ONE I WAS MAINLY CONCERNED WITH IS THIS ONE BECAUSE IT ONLY STATES THAT YOU CAN HAVE ONE GROUND MOUNTED SIGN PER PARCEL. RIGHT. OR BUILDING FRONTAGE OR, UH, FRONTAGE. OKAY. BUT IS THE OTHER SIGN, IF THERE IS A GROUND MOUNTED SIGN FOR JULIUS THAT'S IN VIOLATION, IF THERE'S ONE FOR THE INSURANCE AND ONE FOR JULIUS? YES. YEAH, THERE CAN BE TWO. SO THEN, SO THEN ACTUALLY WHAT THEY'RE ASKING TO DO IS NOW HAVE THREE GROUND MOUNTED SIGNS. I KNOW NOTHING ABOUT THIS ONE. THAT THAT ONE'S NOT ON THE GROUND. THAT JUST RESTS. IT'S NOT IN THE GROUND. IT'S JUST A STANDING SIGN, I BELIEVE. ISN'T THAT RIGHT ONE, THE WHITE ONE? IS IT AN EIGHT? I DON'T BE QUITE HONEST. OKAY. IT LOOKS LIKE A GROUND MOUNTED SIGN TO ME. IT'S A GROUND ON THE SIGN. YEAH. IS THAT WHAT IT, I DON'T KNOW. I MEAN, IT'S NOT AFFIXED TO THE SIDE OF [00:30:01] THE BUILDING OR TO THE TOP. I MEAN, AND THERE'S ANOTHER SIGN AT, DO I HAVE ANY BETTER? IT'S GONNA BE GROUND ON THE FRONT FACADE. YEAH. UNLESS THERE'S A CRANE HOLDING IT OFF THE ROOF. YEAH. I KNEW NOTHING ABOUT THAT ONE. THE ONLY ONE I SAW WAS THE THING. WHEN DID YOU GUYS GET THE, THAT ONE THAT'S BEEN THERE SINCE WE'VE BEEN OPEN YEAH. FOR A LONG TIME. LET'S WHAT WE CALL IT OLD GROUND AMOUNT OF TIME. SO THAT'S A GROUND SIGN. OKAY. ALRIGHT, LET'S TRY THIS. IT'S LIKE A LITTLE SQUARE, LIKE A TOWER. EXACTLY. LIKE A TOWER, A LITTLE SMALL TOWER. IT'S NOT EVEN AS HIGH AS, IT'S PROBABLY LIKE THIS HEIGHT. MAYBE A, I MEAN, I COULD SEE WHERE NOBODY COULD SEE IT. YEAH, IT'S PRETTY EASY. YEAH. YEAH. THAT MIGHT BE A LITTLE BETTER. YES, THAT IS A LITTLE BETTER. UM, OKAY. NO, I WAS ONLY, SO THE QUESTION IS, IS THAT ONE THAT'S CURRENTLY THERE GONNA BE TAKEN OUT? YES. SO THAT WILL BE TAKEN DOWN AND THE NEW ONE WOULD BE PUT UP IN THE EXACT SAME LOCATION? YES. WHERE IT'S AT? YES. NO. RIGHT. WHERE IN THE PICTURE? THE ONE IN THE PICTURE'S NOT THERE NOW, RIGHT? THAT'S WHAT OH, THE ONE THAT SAYS YEAH. YEAH. THE ONE THAT'S IN THE FRONT IS, IS WHERE THEY PROPOSE, I GUESS TO HAVE IT. YES. I'M STILL UNSURE OF WHERE IT IS. GOTCHA. SO THAT'S THE ONE IN THE FRONT ON THE, WITH THE BLUE. I DON'T KNOW IF IT'S GONNA BE BLUE OR IF THAT'S PROPOSED. SUPPOSED TO BE WHITE IN THAT ISLAND. OKAY. YES. YES. CORRECT. YEAH. THE ONE IN THE ISLAND, THE PROPOSED LOCATION. OKAY. AND THEN THEY'RE TAKING THE ONE THAT'S UP ON THE CONCRETE DOWN. YES. YEAH. OKAY. NOW I THAT MAKES SENSE. SENSE. THE PROPOSED ONE CANNOT GO THERE. THAT IS ACTUALLY IN THE 50 FOOT EASEMENT. THAT'S WHY. AND I'LL ZOOM OUT HERE AND SEE IF I CAN MAKE THIS WORK THE ROAD RIGHT AWAY. YES. SO, WELL, YEAH, DEFINITELY CAN'T DO THAT. THERE IS, WOW, THAT ONE THERE. OKAY. MY THOUGHT, OR IF YOU LOOK AT THE PROPERTY NEXT TO IT IS THE PROPERTY NEXT TO IT HAS FOUR OR FIVE TENANTS. THERE IS ONE GROUND MOUNTED SIGN. EACH TENANT IS LISTED AND THAT IS TYPICALLY HOW IT IS DONE. SO WHY DO WE NEED TWO GROUND MOUNTED SIGNS? THERE IS ONE GROUND MOUNTED SIGN. WHY IS THAT NOT MODIFIED? TO HAVE BOTH TENANTS SHOWING? IT CAN BE IF THE INSURANCE AGENCIES. OKAY. I MEAN THAT MEETS THE REQUIREMENTS OF THE ZONING. AND I MEAN, THE POINT OF THE ZONING IS TO AVOID ALL KINDS OF THIS LITTLE CLUTTER. AND YOU'RE DRIVING BY AND YOU'RE SEEING ALL THESE THINGS AND YOU'RE TRYING TO CONCENTRATE ON YOUR DRIVING. AND IT'S, I MEAN, IT SAYS ONE GROUND MOUNTED SIGN DOESN'T SAY ONE GROUND MOUNTED SIGN PER TENANT. IT SAYS ONE GROUND MOUNTED SIGN PER PARCEL. YEAH. AND IT DOESN'T SAY YOU CAN ONLY HAVE ONE NAME ON THAT GROUND MOUNTED SIGN. YOU CAN HAVE, TYPICALLY YOU WOULD HAVE EVERY TENANT ON THAT GROUND MOUNTED SIGN. A LOT OF PLACES DO THAT. JUST HAVE ONE BIG SIGN WITH EVERYBODY'S NAME ON IT. YEAH. LIKE, YEAH. I MEAN THAT'S PLUS IT LOOKS BETTER. IT'S, IT'S CONFORMING. I AGREE. THAT WOULD BE MY THOUGHT. WHOSE BUILDING IS IT? SO IT USED TO BE THE INSURANCE AGENTS. THEY USED TO OWN IT AND ALI BOUGHT THE BUILDING. SO HE OWNS THE PROPERTY IN THE BUILDING. NOW HE BOUGHT, SO IT IS HIS, OKAY, SO HE ACTUALLY OWNS THE BUILDING. HE, THE WHOLE THING? YES. HE, HE BOUGHT IT FOR HIS, UH, LIMITED VIDEO LOTTERY PLACE. RIGHT. YEAH. SO THE INSURANCE NOT, IT'S NOT THERE ANYMORE. YEAH, THEY'RE ON THE SIDE OF THE BUILDING. THEY'RE STILL THERE. SO THIS SIGN WENT WITH THE INSURANCE COMPANY THEN THAT IT LISTS THE INSURANCE COMPANY. YES. MAKES YOUR MIND. WHICH ISN'T THERE NOW. IT IS. NO, IT, NO, NO, NO. FARS FARGO INSURANCE. IT'S STILL THERE. YEAH. RIGHT. CORRECT. SO ARE THEY RENTING? YEAH, THEY'RE NOT RENTING. YES. THEY RENT FROM US NOW. OKAY. IT SAYS THEY CAN'T PUT IT IN THE MIDDLE. COULD WAY THEY COULD TAKE IT, PUT IT ON TOP OF THE OTHER, GOT THE POLES RIGHT THERE. THAT WELL, THAT'S KIND OF WHAT I MEAN. I THINK THEY, I THINK JUST MODIFY THE EXISTING GROUND MOUNTED SIGN. YEAH. THE NATIONWIDE SIGN. YEAH. I MEAN, YOU'VE GOT ONE GROUND MOUNTED SIGN THAT THE BEST SIGN. YOU HAVE BOTH TENANTS. THERE'S A SIGN, A JULIUS SIGN ON THE BUILDING, WHICH IS QUITE VISIBLE. SO YOU'VE GOT BOTH. OKAY. ANY, OKAY. ANY QUESTIONS FOR THE APPLICANT? SHOULD WE MOVE ON A STAFF REPORT? YOU DIDN'T DO THAT? WE HAVE NOT DONE THAT YET. SO EVEN THOUGH WE ASKED YOU SOME QUESTIONS, BUT YEAH. OKAY. STAFF REPORT PLEASE. THE APPLICANT IS PROPOSING TO INSTALL A SECOND GROUND MOUNT, MEDIUM PROFILE, GROUND MOUNTED SIGN ON THE PROPERTY FOR JULIA'S BANK, LIMITED VIDEO LOTTERY [00:35:01] ESTABLISHMENT. UH, THE SIGN DIMENSIONS WILL ROUGHLY BE FOUR BY EIGHT FEET AND THE HEIGHT OF THE GROUND MOUNTAIN SIGN WILL BE BELOW 10 FEET ACCORDING TO THE APPLICANT. THE SIGN LOCATION IS CURRENTLY UNKNOWN, BUT WILL BE ESTABLISHED BEFORE THE SIGN PERMIT IS ISSUED. THE APPLICANT IS REQUESTING THE VARIANCE TO MARTINSBURG ZONING ORDINANCE SECTION 6.05, TABLE 6.01 SIGN TYPE AND DESIGN STANDARDS TO ALLOW FOR TWO MEDIUM GROUND MOUNTED PROFILE SIGNS ON THE SAME PARCEL IN THE MIXED USE COMMERCIAL DISTRICT. UM, NOTABLE INFORMATION, THE, THERE IS ALREADY A MEDIUM GROUND MOUNTED SIGN FOR THE NATIONWIDE FARGO AND THEN ALSO THE OTHER ONE THAT, THAT MR. SAYER POINTED, ADDED OUT. UH, THE PROPERTY ALSO HAS A LARGE FRONT EASEMENT AT THE, SO THE SIGN WILL NOT BE ABLE TO MEET THE FIVE FOOT FROM THE, UH, EASEMENT THAT IS IN THE FRONT. AND I BELIEVE THAT EASEMENT IS ROUGHLY 50 FEET IS THE OTHER SIGN OUT OF THE EASEMENT. THE OTHER SIGN IS OUT OF IT. THE OTHER SIGN I THINK IS, YEAH, IT LOOKS LIKE IT'S BEEN INSIDE RIGHT ABOUT WHERE IT NEEDS TO FEED. IT'S ON THE PROPERTY LENS. YEAH. NOW THEY COULD PUT IT ON THE OPPOSITE SIDE. UM, AND LET ME SEE IF I CAN SIGN IS GONNA BE DETERMINED. BUT HERE'S THE OTHER GROUND MOUNTED SIGN. SO YOU HAVE DOMINO'S, SO DOMINO'S IS OVER HERE, BUT THERE'S DOMINO'S SIGN. AND THEN AS I'M POINTING TO THIS, THEN THERE'S THE INSURANCE SIGN AND THEN THERE'S I BELIEVE THE CAR WASH SIGN. SO THEY'RE ALL 50 FEET BACK OR, OR SO HOW THE PROPOSAL TO PUT THE JULIUS SIGN WHERE THEY WANT TO ISN'T GONNA WORK ANYWAY 'CAUSE IT'S NO IN THAT VIDEO. SO THAT, THAT'S, THAT'S COMPLETELY OUT. YEAH. WELL WE WERE JUST TALKING ABOUT, AND THIS PROPOSAL DOES NOT, THEY'RE NOT EVEN ASKING TO PUT ANOTHER GROUND MOUNTED SIGN SIMILAR TO THE NATIONWIDE SIDE, SO YEAH, WELL THEY REALLY HAVEN'T DETERMINED WHERE THEY'RE GONNA PUT IT. YEAH, YEAH. THIS IS THE INFORMATION I GOT. SO THAT'S, YEAH, THAT'S ACCORDING TO THE ORDINANCE AND STUFF. THEY CAN ONLY PUT IT CERTAIN PLACES. SO THEY DON'T, THEY NEED TO DETERMINE WHERE IT'S GOTTA GO. YEAH, IT'S GOTTA GO TO SEE IF IT'S PERMISSIBLE. IT'S CURRENTLY ON THOSE. AND THE ORDINANCE ALSO IS ONE GROUND. MINE IS SIGN PER PARCEL, RIGHT? MM-HMM . CORRECT. SO I MEAN, THEY'VE ALREADY GOT THE SIGN THAT THEY'RE ENTITLED TO. IT LOOKS LIKE THEY'RE PROBABLY JUST GONNA HAVE TO MODIFY THAT SIGN. OKAY. QUESTIONS? STAFF OR I HAVE A QUESTION APPLICANT. SO IF HE WOULD MODIFY THE SIGN WHERE THE FARGO NATIONWIDE SIGN IS YEAH. AND MAKE IT WHERE IT SAYS NATIONWIDE AND JULIA'S, THAT WOULD BE OKAY IN THE SAME LOCATION, CORRECT? HERE? I THINK IT WOULD STILL NEED A SIGN PERMIT TO CHANGE THE SIGN. BUT I MEAN, IT WOULD BE OKAY THOUGH. YES. YEAH. OKAY. ALL RIGHT. ANY QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE DO PUBLIC PORTION? NO. OKAY. PUBLIC PORTION. UH, 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. AGAIN, NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. THANKS. OKAY. SO IN ORDER TO GRANT A VARIANCE, WE GOTTA GO THROUGH THE POINTS AGAIN. OKAY? IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENTS. AGREE? AGREE. OKAY. IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT, WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE. I DISAGREE. THERE'S NO SPECIAL, YEAH. THERE'S NO SPECIAL CONDITION OR ATTRIBUTE ATTRIBUTABLE TO THIS PROPERTY. I DON'T AGREE, SHERRY. YEAH, THERE IS. YEAH. I DON'T AGREE WITH THAT. I DISAGREE. OKAY. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. THERE IS NO UNN UNNECESSARY HARDSHIP. THERE'S NO, YEAH. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED IN SUBSTANTIAL JUSTICE. DONE. UH, LET'S ALSO DISAGREE. OKAY THEN, UH, NO FURTHER QUESTIONS. I'LL ENTERTAIN A MOTION. PLEASE KEEP IN MIND MOTIONS HAVE TO BE IN THE POSITIVE AND EVEN IF YOU MOVE TO APPROVE IT, THAT DOESN'T MEAN YOU HAVE TO VOTE. YES, THAT IS CORRECT. [00:40:01] OKAY. I'LL MAKE A MOTION TO APPROVE PROJECT 2025 DASH 35 DASH V OF VARIANCE FOR THE PROPERTY. LOCATED AT 500 WILLIAMSPORT PIKE, UH, APPLICATION, REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING OR ORDINANCE SECTION 6.05, TABLE 6.01 TO ALLOW FOR MORE THAN ONE MEDIUM PROFILE GROUND MOUNTED SIGN. JAY, I HAVE A MOTION TO HAVE A SECOND I. SECOND MOTION. AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. ALL OPPOSED NAY. A. OKAY. MOTION DID NOT PASS. SO I WOULD SAY HAVE HIM COME INTO THE CITY AND TALK TO THEM ABOUT CHANGING THAT SIGN OUT FOR A SIGNED PERMIT. YEP. THAT'LL WORK. THANK YOU GUYS FOR YOUR TIME. ALRIGHT, THANK YOU. THANKS. NO DISCUSSION OR ACTION ITEMS? NO OTHER BUSINESS. I'LL ENTERTAIN A MOTION TO ADJOURN. I MOTION TO ADJOURN? AND A SECOND. ALL IN FAVOR? AYE. AYE. OR ADJOURN? KIM, IF, IF THE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.