[00:00:01]
YOU GETTING OF APRIL.I'LL CALL THE MEETING TO ORDER.
CAN I GET A ROLL CALL PLEASE? ONE SECOND TO SET.
DO I NEED TO REPEAT THAT? I'M STARTING A MEETING.
[1. CALL TO ORDER]
WE'LL CALL IT TO ORDER.CAN I GET A ROLL CALL PLEASE? MARY DE PRESENT? JAMIE LOPEZ.
WE'RE MISSING SOME BOARD MEMBERS.
NOW WE NEED, WE GOT AN ALTERNATE THAT'S VOTING THOUGH, RIGHT? BOTH ALTERNATES.
JUST MAKING SURE THAT WE'RE AWARE.
[3. APPROVAL OF MEETING MINUTES]
UH, WE NEED APPROVAL AT THE MEETING MINUTES FOR MAY 6TH, 2025.IF YOU'VE HAD A CHANCE TO GO OVER IT, I'LL ENTERTAIN A MOTION TO APPROVE.
MOTION TO APPROVE THE MEETING FROM 6 25.
DO I HAVE A SECOND? I'LL SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
THERE'S NO UNFINISHED BUSINESS.
WE'LL MOVE ON TO NEW BUSINESS.
[5. NEW BUSINESS/PUBLIC HEARINGS]
NUMBER 2025 DASH 48 DASH V.THE PROPERTY IS LOCATED AT 2 0 2 WEST MOLER AVENUE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP SIX AS PARCEL 63.1.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 5.051 A TO EXCEED THE MAX FENCE HEIGHT ALLOWED IN THE FRONT YARD.
OKAY, IF YOU'LL COME FORWARD, PLEASE STATE YOUR NAME AND ADDRESS IN THE MICROPHONE PLEASE.
AND IT'S 2 0 2 WEST MOELLER AVENUE.
CAN I SWEAR YOU IN? DO YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
CAN YOU EXPLAIN TO US WHAT IT IS THAT YOU WANNA DO? UM, WELL I'D LIKE TO PUT IN THE FRONT OF THE PROPERTY A SIX FOOT FENCE HEIGHT.
UM, PRIMARILY BECAUSE I HAVE A LOT OF ISSUES WITH TRESPASSING VEHICLES, NOT PEDESTRIAN TRAFFIC, BUT VEHICLES WHO USE MY DRIVEWAY AS THEY WANT.
I'VE DONE EVERYTHING THAT CITY OF MARTINSBURG POLICE TO SUGGEST THAT I HAVE POSTED SIGNS.
I HAVE GOTTEN CAMERAS WHEN THE SIGNS WERE NOT ENOUGH.
UM, AND THEY HAVE COME OUT WHEN I'VE CALLED.
THEY USUALLY SHOW UP OBVIOUSLY AFTER THE PEOPLE HAVE LEFT, UM,
BUT IT'S REALLY HARD NOT TO GET INTO PHYSICAL ALTERCATIONS WITH THESE PEOPLE THAT COME IN.
THEY TRY TO PUSH ME WITH THEIR CAR.
I ACTUALLY HAVE ONE OF MY NEIGHBORS HERE, UM, AS A WITNESS BECAUSE, YOU KNOW, WE'VE HAD THIS HUGE PROBLEM AND HE WAS THERE ONE DAY AND THE GUY WAS TRYING TO PUSH ME FORWARD WITH HIS CAR, LITERALLY PUSHING ME WITH HIS CAR.
SO WHAT I'M TRYING TO DO, BECAUSE WHERE MY PROPERTY IS SITUATED ON MULLER AVENUE THERE, UM, I'M TRYING TO MAKE IT SO THAT THEY CAN'T SEE THE DRIVEWAY BECAUSE IT'S A LONG DRIVEWAY AND IT'S A HUGE TURNAROUND.
I'VE ONLY BEEN THERE FOR ABOUT FIVE YEARS NOW.
UM, SO I DIDN'T MAKE IT THIS WAY, BUT EVERYBODY USES IT AS A TURNAROUND WHEN THEY'RE COMING UP THE HILL AND THEY GET TIRED OF WAITING ON TRAFFIC FOR THE LIGHT AT QUEEN WHEN THERE'S HEAVY TRAFFIC, WHICH IS EVERY AFTERNOON.
BUT I DO HAVE PICTURES TO SHOW AND I HAVE ONE THAT WAS NOT INCLUDED WITH THE APPLICATION 'CAUSE I HAD TO DO SOME WORK IN ORDER TO BE ABLE TO SHOW YOU GUYS WHAT I'M TALKING ABOUT AS FAR AS VISIBILITY AND WHAT WOULD BLOCK IT VERSUS WHAT WOULDN'T.
I DON'T KNOW IF I CAN GIVE YOU GUYS ONE MORE TO LOOK THROUGH HERE.
BUT WHAT I DID IS I PUT UP A PORTABLE FENCE TEMPORARILY AND I HAVE A SIX FOOT POLE BEHIND IT SHOWING WHERE THE DRIVEWAY STARTS TO BECOME VISIBLE.
AND IT SHOWS WHERE A FOUR FOOT FENCE WOULD STILL BE BELOW THE EDGE OF THE DRIVEWAY BECAUSE THE HILL, THE INCLINE THAT'S THERE, UM, AND THEN A SIX FOOT FENCE WOULD ACTUALLY HIDE THAT.
SO IT'S NOT THE FIRST THING THAT PEOPLE SEE WHEN THEY'RE DRIVING THROUGH THERE TO AT LEAST MAKE IT SO THAT THEY DON'T KNOW IT'S THERE ANYMORE.
YEAH, BUT I, I MEAN I'VE DONE EVERYTHING ELSE THAT I CAN AS FAR AS TRYING TO PREVENT PEOPLE FROM SEEING IT, TO USE IT.
AND I DON'T REALLY KNOW WHAT ELSE TO DO.
I'D LIKE TO PREVENT MYSELF GETTING INTO NO ALTERCATION, HAVING SOMETHING HAPPEN PEOPLE TURN IN THAT AREN'T EXPECTED.
UM, MY GRANDSON PLAYING IN THE YARD, ANYTHING ALONG THOSE LINES, RIDING HIS BIKE IN MY DRIVEWAY.
UM, BUT THE WAY MY PROPERTY IS SITUATED, IT'S NOT ON A CORNER LOT, IT IS NOT ON A CURVE.
THIS IS ON A STRAIGHTAWAY WHERE THE PICTURES THAT YOU GUYS HAVE, YOU KNOW, FOR VISIBILITY, THERE'S WOODED, LOTS TO LEFT OF ME.
THE ONLY NEIGHBOR THAT I HAVE WITH AN ADJOINING PROPERTY, MR. NTE WASN'T ABLE TO MAKE IT 'CAUSE HE HAD TO TAKE HIS WIFE TO AN APPOINTMENT.
BUT HE ALSO GAVE ME A, A NOTE SAYING, OBVIOUSLY HE DOESN'T SEE ANY ISSUES ON HIS SIDE OF THINGS WITH A SIX
[00:05:01]
FOOT FENCE IN THE FRONT, BUT IT ACTUALLY SITS BEHIND THE LOCATION OF HIS HOUSE, WHICH YOU CAN SEE IN THE PICTURES HERE, THE BLUE HOUSE.AND HIS IS MUCH CLOSER TO THE ROADWAY EDGE ALREADY.
UM, I ALSO INTEND TO SET IT BACK WITH AN EIGHT FOOT SETBACK FROM THE ACTUAL PROPERTY LINE JUST BECAUSE I KNOW THAT THEY ARE STILL WORKING ON TRYING TO TAKE CARE OF STORM WATER ISSUES.
YOU KNOW, MAYBE THEY DECIDE TO PUT A SIDEWALK.
'CAUSE NOW WE HAVE A LOT OF PEDESTRIAN TRAFFIC, WHO KNOWS? BUT I DIDN'T WANT ANYTHING TO BE IN THE WAY EITHER WHERE I PLAN ON PUTTING THE FENCE.
ANY QUESTIONS FROM THE A FOR THE APPLICANT? YEAH, SO WHEN YOU PUT, IF, IF YOU GET AN APPROVED AT SIX FOOT FENCE TO GET INTO YOUR DRIVEWAY, YOU'RE GONNA HAVE TO GET IN AND OUTTA YOUR CAR AND OPEN THE GATE ALL THE TIME, AREN'T YOU? YES MA'AM.
BUT I'VE BEEN GETTING IN AND OUT AT ONE POINT UNTIL I HAD TWO DRIVERS HIT ONE OF THE POSTS THAT I HAD AT THE END OF THE DRIVEWAY.
UM, YEAH, THEY, THEY RAN THAT OVER FOR ME, BUT I HAD A CHAIN GOING ACROSS SO I WAS ALREADY GETTING IN AND OUTTA MY CAR SO THAT I COULD PREVENT USE, YOU KNOW, WHEN I'M NOT THERE BECAUSE THERE'VE BEEN TIMES I TRY TO GET INTO MY DRIVEWAY AND I CAN'T BECAUSE SOMEBODY'S SITTING THERE ON THEIR PHONE TALKING, LOOKING UP STUFF ON THEIR GPS.
THE ONE LADY SAID I'M LOOKING FOR THE SEVEN 11.
SO OBVIOUSLY, YOU KNOW, KEEP MOVING AND JUST HAVING A FIGHT WITH IT.
SHE ACTUALLY TRIED TO, WHEN I TRIED TO GET PICTURES OF HER LICENSE PLATES AND STUFF LIKE THAT FOR THE POLICE TO, YOU KNOW, DO THE NO TRESPASS, SHE TRIED TO BACK ON OVER ME AND I'M JUST LIKE, IT'S VERY FRUSTRATING.
AND OBVIOUSLY, I MEAN THE NATURE OF TRAFFIC ON THAT ROAD, I DIDN'T, YOU KNOW, I DIDN'T REALLY KNOW THAT WHEN I BOUGHT THE HOUSE
BUT I DON'T MIND GETTING IN AND OUT.
IT'S JUST ME THAT'S GETTING INCONVENIENCED AT THAT POINT.
SO IF YOU PUT A BIG SIX FOOT FENCE THERE, HOW ARE YOU GONNA BE ABLE TO COME OUT? CAN YOU SEE AROUND THE SIX FOOT FENCE TO SEE THE MAIN ROAD TO COME OUT ON? I CAN SEE AROUND THE FENCE, BUT AS IT IS, IF YOU LOOK THROUGH THE OTHER PICTURES, I CAN'T SEE PAST THE WOODED LOT ON THE END OF IT.
UM, GOING, WHEN IS THAT FROM THE OTHER SIDE? ALL OF THAT OVERGROWN VEGETATION OUT TO THE ROADWAY.
NOBODY MAINTAINS IT, NOT THE STATE.
AND IT'S A STATE MAINTAINED ROAD.
I CALLED THEM AFTER I'D BEEN THERE FOR ABOUT A YEAR OR SO BECAUSE I COULDN'T SEE TRAFFIC COMING TO GET OUTTA MY DRIVEWAY, YOU KNOW, AND NOBODY WANTS TO GO 25 ON THAT ROAD.
NOBODY
SO I CALLED THEM AND THEY SENT OUT, I THINK IT WAS LIKE FOUR, THERE WERE FOUR TRUCKS.
THERE WAS A WHOLE BUNCH OF HEAVY EQUIPMENT AND THEY CUT ALL THE BRUSH DOWN ON BOTH SIDES.
AND I ARGUED WITH THEM BECAUSE THEY INITIALLY I WAS LIKE, YOU KNOW, I, PEOPLE CAN'T EVEN SEE ME AT MY MAILBOX.
THE WEEDS WERE EIGHT FEET HIGH, YOU KNOW, AND I'M, I'M GONNA GET HIT TRYING TO JUST GET MY MAIL AND CROSS THE STREET.
THEY TOLD ME, WELL MA'AM, IT'S NOT OUR RESPONSIBILITY TO MOW AROUND YOUR MAILBOX.
AND I SAID, WELL, IT'S NOT MY RESPONSIBILITY TO MOW SOMEONE ELSE'S PROPERTY ACROSS THE STREET FOR ALMOST A CITY BLOCK.
SO THEY SENT SOMEBODY OUT AND WHEN THEY REALIZED HOW MUCH MONEY THAT COSTS, THEY TURNED AROUND AND SENT NOTICES TO ALL THE PROPERTY OWNERS.
BUT EVEN THE WOODED LOTS THAT ARE ON MY SIDE OF THE ROAD, THERE'S THE ONE THAT DIRECTLY BORDERS MY PROPERTY.
UM, THERE'S ACTUALLY NO OWNER OF RECORDS SINCE 1910
I CONTACTED THE TAX ASSESSOR'S OFFICE ABOUT IT.
UM, AND SO THEY HAVE TO GET IT BACK IN TO THE SYSTEM.
I'M INCLINED TO BUY IT JUST SO I CAN MAINTAIN THE FRONTAGE AND HAVE MORE VISIBILITY MYSELF.
BUT EVERYTHING PAST THAT POINT, IF I PULL UP TO THE END OF MY DRIVEWAY AND I'M ABOUT A FOOT AND A HALF OFF OF THE ACTUAL WHITE LINE THERE, I CAN SEE AS WELL AS CAN BE, YOU KNOW, AS IT'S GONNA GET, EVEN IF THAT WAS MAINTAINED RIGHT THERE, YOU KNOW, THE TREES ARE SO CLOSE TO THE ROAD AND THOSE HAVE BEEN THERE A LONG TIME.
THE BIGGEST PROBLEM I HAVE IS IF I'M COMING OUT TO MAKE A LEFT TURN OUT OF MY DRIVEWAY, I CANNOT SEE WHEN TRAFFIC HAS PILED UP BECAUSE OF THE LIGHT.
I CANNOT SEE AROUND THOSE VEHICLES ON THAT HILL TO KNOW IF IT'S SAFE TO GO.
SO I HAVE TO RELY ON PEOPLE IF THEY'RE TELLING ME THE TRUTH.
SO YOU'RE GONNA, OR WAIT, YOU'RE GONNA PUT THE FENCE FROM WHERE YOU HAVE THOSE TWO WHITE POSTS? IS THAT WHERE IT'S GONNA BE? UM, IF YOU GO, NO, IT'S GONNA BE FURTHER BACK THAN THAT ACTUALLY.
'CAUSE THE PROPERTY LINE ITSELF, YOU CAN SEE IN THE PICTURES, SORRY, YOU SEE WHERE THE UM, UH, THERE'S THOSE LITTLE TREES THERE.
IF YOU SEE THE ONE CORNER POST THAT HAS THE PINK, UH, MARKING ON IT, THAT'S THE ACTUAL CORNER OF MY PROPERTY AND I'M GOING EIGHT FEET BACK FROM THAT CORNER.
AND THAT'S ALREADY A GOOD, I THINK IT'S ABOUT SIX FEET, THE CORNER OF THE PROPERTY ALMOST.
IT'S LIKE FOUR TO SIX FEET OFF OF THERE.
SO THE FULL FRONT OF THE FENCE WOULD BE VERY WELL OFF OF THE ROADWAY.
[00:10:03]
SO THEN HOW IS THAT GONNA PREVENT PEOPLE FROM SEEING YOUR DRIVEWAY? IT BLOCKS VISIBILITY.SO IF YOU LOOK, UM, THAT'S WHY I BROUGHT IN SOME MORE PICTURES.
SO WHERE THAT, UM, TEMPORARY FENCING IS IN THAT PHOTO THERE, THAT FENCE THERE SHOWS THE SECTION OF MY DRIVEWAY.
'CAUSE IT'S ALS IT'S 18 FEET WIDE.
SO IT'S WIDE ENOUGH FOR TWO VEHICLES.
BUT AS YOU COME DOWN THE DRIVEWAY, IF YOU LOOK AT THE DRAWING, THERE'S A BUMP OUT.
IF YOU LOOK AT THE, UM, THE THING THAT'S INCLUDED, THE PLAT, THERE'S A BUMP OUT.
IT'S A HUGE AREA FOR TURNAROUND.
PEOPLE THAT MAKE DELIVERIES VISITING THAT THEY CAN COMPLETELY TURN AROUND, DO THE, YOU KNOW, THREE POINT WHATEVER TO BE ABLE TO NOSE OUT INSTEAD OF HAVING TO BACK OUT INTO TRAFFIC.
AND WHEN THEY SEE THAT THEY WANNA USE IT, I'VE HAD PEOPLE LITERALLY, THEY'RE LIKE POINTING AT IT AND THEY'RE LIKE, JUST MOVE.
THEY PUSH ME WITH THE CAR THEY WANNA GET OUT.
LIKE IT'S INSANE THE ENTIRE, IF THEY CAN'T SEE IT THOUGH, THEY'RE NOT GONNA TRY TO TURN IN AND USE IT.
ARE YOU GONNA HAVE A GATE? MM-HMM
SO I'LL STILL HAVE SOMETHING TO CLOSE THE DRIVEWAY FOR WHEN I'M NOT THERE.
SO HOW ARE PEOPLE GONNA GET IN THERE TO MAKE DELIVERIES FOR YOU? THE SAME WAY THAT THEY DO NOW? THEY PULL OFF.
'CAUSE MOST OF THE AMAZON UPS FEDEX DRIVERS, THEY'RE LIMITED ON HOW MANY TIMES THEY CAN ACTUALLY BACK UP INTO A PROPERTY OR TURN AROUND.
SO THEY PULL OFF BLOCK THE END OF MY DRIVEWAY AGAIN.
YOU KNOW, YOU GOT 18 FEET, THEY BLOCK THE WHOLE END OF IT AND MAKE THE DELIVERIES.
NOW EVEN WHEN THE CHAIN IS DOWN, THEY DON'T GENERALLY PULL IN THERE.
THE ONE DRIVER THAT TRIED TO BACK IN RAN OVER MY POST
SO THEN I COULDN'T EVEN PUT MY CHAIN UP ANYMORE.
AND FOR MY LITTLE CAR, WHICH, YOU KNOW, FOR ME IT'S MORE THAN ENOUGH SPACE FOR ME TO PULL ALL THE WAY OFF.
LIKE EVEN WITH THE CHAIN UP WHERE THOSE POSTS WERE AND I'M PUTTING PROPOSING TO PUT THE FENCE LINE FURTHER BACK.
BUT EVEN THERE, MY CAR IS COMPLETELY OFF OF THE WHITE LINE.
I HAVE ROOM TO OPEN MY DOOR AND EVERYTHING.
WELL, I, I, SO I GUESS WHAT, OKAY, AS YOU'RE COMING UP THE HILL OR IF YOU'RE GOING DOWN MM-HMM
YOU SEE, OR AT LEAST TO ME, THERE WERE OTHER LARGE DRIVEWAYS VISIBLE THAT IF I WERE GONNA TURN AROUND, I MEAN I LOOKED, I THOUGHT WELL, I I WOULDN'T HAVE CHOSEN YOURS.
I WOULD'VE CHOSEN SOMETHING ELSE OR I WOULD'VE TURNED ONTO VAST STREET.
UM, AND IF YOU'VE GOT THOSE GATES UP MM-HMM
PEOPLE ARE GONNA SEE THOSE GATES AND THEY'RE NOT GONNA, I MEAN OKAY, THEY MIGHT TAKE THE TAKE, TRY AND TURN AROUND IN THE VERY FRONT OF THE GATES, BUT THEY'RE GONNA DO THAT WHETHER THOSE, THAT FENCE IS FOUR OR SIX FEET.
I'M ALSO MORE WORRIED ABOUT THE PEOPLE THAT COME ALL THE WAY INTO MY DRIVEWAY.
ESPECIALLY IN THE MIDDLE OF THE NIGHT WHEN I'M HOME ALONE.
WELL IF YOU'VE GOT THE GATES UP, THEN THEY'RE NOT, HOW ARE THEY GONNA COME IN? NO, I DO UNDERSTAND THAT IF THE GATES ARE UP, THEY CAN'T ACTUALLY GET IN.
UM, THAT'S ONE OF THE REASONS WHY NO MATTER WHAT, I'M STILL GONNA PUT GATES ACROSS THE DRIVEWAY.
BUT AS FAR AS THEM UTILIZING OTHER PARKING AREAS FOR PEOPLE THAT ARE COMING INTO THE CITY OFF OF 81, THEY WOULD HAVE TO MAKE A LEFT TURN WITH TRAFFIC AND SLIGHTLY REDUCED VISIBILITY WHEN TRAFFIC IS BACKED UP TO TURN INTO THE ABANDONED CHURCH, WHICH IS THE BIG HUGE PARKING AREA ACROSS THE STREET FROM MY PROPERTY.
AND THEY FOR WHATEVER REASON, DON'T WANNA TURN LEFT TO DO IT.
THEY WANNA MAKE A RIGHT TURN AND THEY SEEM TO NOT WANNA WAIT LONG ENOUGH TO GO UP THE VEST.
I CAN'T CONTROL WHAT OTHER PEOPLE ARE DOING.
BUT IF YOU'VE GOT A FENCE, IF YOU'VE GOT THE GATES THERE MM-HMM
WHETHER THEY'RE FOUR OR SIX FEET, I DON'T SEE WHERE ANYBODY'S BEHAVIOR IS GOING TO.
WHETHER I DON'T SEE WHERE THE HEIGHT OF THE FENCE IS GOING TO CHANGE ANYBODY'S BEHAVIOR.
SO IF I'M WAITING FOR SOMEONE TO COME AND VISIT MY SON, FOR EXAMPLE, OR BRING OVER THE GRANDSON, SAY IT'S EVEN WHETHER IT'S NIGHTTIME OR DAYTIME, DOESN'T MATTER.
I HAVE TO LEAVE IT OPEN FOR THEM TO BE ABLE TO ACCESS IT.
I GO IN, I OPEN IT SO THAT THEY CAN COME IN ONTO MY PROPERTY THAT TIME PERIOD WHILE THOSE ARE OPEN, PEOPLE WILL COME IN AND DO WHAT THEY WANNA DO.
LIKE I SAID, I DO HAVE A NEIGHBOR HERE.
HE ACTUALLY WAS STANDING OUT IN MY DRIVEWAY WITH ME.
WE WERE TALKING, THIS WAS ONE EVENING AND THE GUY PULLED IN AND SAT THERE AND KEPT ARGUING AND SCREAMING AT ME ABOUT WANTING TO TURN AROUND.
I'M SORRY, I HAVE ANOTHER QUESTION TOO.
THE SAME THING ABOUT THE HEIGHT.
SO WHAT, I GUESS THE QUESTION IS IF YOU PUT A FOUR FOOT FENCE UP MM-HMM
WHICH IS MORE LIKE THE REST OF THE NEIGHBORHOOD AS YOU GO UP THE ROAD, IF THERE, I DIDN'T SEE ANY OTHER FENCES, BUT IF THERE WAS ONE THAT WOULD STOP THE CARS FROM COMING TO AS
[00:15:01]
WELL.HOW DO YOU MEAN? I MEAN IF YOU PUT A FOUR FOOT FENCE UP WITH THE DIAGRAM THAT YOU SHOWED US, CARS CAN'T GO PAST THAT FOUR FOOT FENCE.
SO THAT WOULD STILL STOP THEM FROM COMING INTO YOUR DRIVEWAY? IT COULD.
BUT IT ALSO MEANS THAT IF THEY DON'T SEE IT, JUST LIKE IF THEY DIDN'T SEE THE CHAIN UP, THEY'RE GONNA HIT IT BECAUSE THEY'RE STILL SEEING THAT SPOT IN THE DRIVEWAY TO BE ABLE TO TURN AROUND.
RIGHT NOW THE ONLY THING I'VE BEEN ABLE TO DO TO PREVENT, AT LEAST WHEN I'M HOME, IS I PARK MY CAR AT THE VERY END OF MY DRIVEWAY BECAUSE WITH IT BEING ON A STRAIGHT LINE, PEOPLE DON'T SEE THAT THERE'S GATES OR A CHAIN OR ANYTHING UNTIL THEY GET RIGHT UP ON IT.
I HAVE SIGNS POSTED ALL OVER THE PLACE AND IT'S DONE NOTHING TO PREVENT PEOPLE FROM DOING IT.
SO I GET WHAT YOU JUST SAID, BUT WHAT MAKES THAT DIFFERENT BEING SIX FOOT? BECAUSE THEY'RE STILL GONNA PULL IN, THEY'RE STILL GONNA BE ABLE TO HIT IT.
IT'S STILL GONNA BE THE EXACT SAME THING.
IT REDUCES THE POTENTIAL BECAUSE THEY CAN'T SEE THE DRIVEWAY.
THAT'S WHY I WAS, BUT YOU CAN, BECAUSE IT'S OFFSET BY EIGHT FEET.
SO YOU COULD STILL SEE THE DRIVEWAY.
YOU WON'T BE ABLE TO WITH A SIX FOOT FENCE.
THAT'S WHAT THAT OTHER PICTURE SHOWS WITH THE POLES.
IT SHOWS WHERE A FOUR FOOT HEIGHT FENCE IS RIGHT ON THE BOTTOM LINE.
THE OTHER ONE, THAT'S THE ONE SHE'S GOT.
I WASN'T ABLE TO TURN THAT IN WITH THE THING BECAUSE IT TOOK A LOT OF WORK FOR ME TO GET EVERYTHING SET UP SO THAT I COULD EVEN GET THE PHOTOS AND WHICH SHE WANTED DO IT.
WHERE'S THIS LOOKING FROM? THAT'S COMING FROM THE SIDE WHERE THE BULK OF PEOPLE WANT TO TURN INTO MY DRIVEWAY.
SO THAT'S COMING OFF OF 81 TOWARDS QUEEN 81 AND IT'S GOING UP THE HILL.
AND THAT'S PART OF THE ISSUE IS THE SLOPE ON THAT PROPERTY.
I CAN'T CHANGE THE SLOPE BECAUSE IT'S FLOOD ZONE ON THAT SIDE OF THE HOUSE.
I CAN'T DO ANYTHING 'CAUSE IT'S JUST GONNA CAUSE MORE PROBLEMS WITH WATER.
SO TO RAISE IT AND A FOUR FOOT FENCE TO ACTUALLY BLOCK THE DRIVEWAY, THE HOSPITAL BECOMES MOLAR.
SO COMING AROUND THE ICE PLANT AND UP OR NO LONGER ICE OVER RALEIGH STREET BETWEEN THE SALVAGE, YEAH, THAT'S NOT FROM 81.
ROUGHLY WHERE MOLAR CHA MOLAR CHANGES AT THE RALEIGH STREET EXTENSION.
ARE YOU, ARE YOU GONNA PUT UP A, A WOODEN PRIVACY FENCE OR SOMETHING OR, UM, IT'S GONNA BE A WOODEN FENCE.
NO, I WOULDN'T, AND INITIALLY IT'LL HAVE UM, LIKE CHAIN LINK.
I THOUGHT IT SAID ON CHAIN LINK THE FACE.
SO IT'S GONNA LOOK LIKE A POST RAIL FENCE, BUT THAT'S BECAUSE OF A COST FACTOR.
WELL, IT'S NOT ACTUALLY CHAIN LINK.
NO, IT'S, UM, WOODEN POST RAILS.
AND THERE'S UM, YEAH, BASICALLY IT'S LIKE DEER FENCING OR CHAIN LINK BASICALLY THAT GOES OVER TOP OF THOSE RAILS FENCE, A CHAIN LINK ON IT.
AND THAT IS TO KEEP, THAT'S TO KEEP OUT THE SKUNKS AND EVERYTHING ELSE TO KEEP GOING CRAZY IN MY YARD.
BUT, BUT IT'S GONNA BE ANOTHER PROBABLY SIX MONTHS TO A YEAR BEFORE I CAN AFFORD TO BUY ALL THE EXTRA LUMBER TO BE ABLE TO COMPLETELY CLOSE IT IN AND HAVE THAT PRIVACY FENCE.
ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE MOVE ON TO STAFF? NO.
STAFF REPORT, UH, THE APPLICANT IS PROPOSING TO INSTALL A SIX FOOT, UH, WOOD CHAIN LINK FENCE AROUND THE ENTIRE PERIMETER OF THIS 80 BY 138.
THE LOT IS LOCATED IN THE URBAN RESIDENTIAL DISTRICT.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 5.01 FENCES AND WALLS.
GENERAL REQUIREMENTS TO ALLOW FOR THE HEIGHT OF THE FRONT YARD FENCE TO EXCEED THE FOUR FOOT 48 INCH RESTRICTION AND TO PERMIT INSTALLATION OF A SIX FOOT 72 INCH TALL, UH, FENCE IN THE FRONT YARD.
UH, NOTABLE INFORMATION, UH, THE PROPERTY HAS AN EIGHT FOOT EASEMENT AT THE FRONT, WHICH IS SHOWN ON THE PLAT.
THERE, UM, ITEMS TO CONSIDER, UH, THE CHAIN LINK WOOD FENCE BEING LOCATED AT THE FRONT OF THE PROPERTY, UH, MAY HINDER THE SITE, UH, DISTANCE ALONG WEST MOLAR AND MAY CAUSE AN OBSTRUCTION.
UM, WHAT WOULD THE SIX FOOT FENCE ACCOMPLISH THAT A FOUR FOOT FENCE WOULD NOT? UH, ANOTHER ITEM WOULD BE, UH, WHAT WOULD BE THE SPECIAL CONDITION HARDSHIP FOR THE PROPERTY AS IT DOESN'T EXHIBIT THE NORMAL HARDSHIPS, UH, SUCH AS LOCATION OF THE MAIN HOME, UH, OR LIKE THE LOT SIZE BEING ABNORMALLY LARGE.
UM, AND THAT'S PRETTY MUCH IT.
WE'LL MOVE ON TO THE PUBLIC PORTION.
[00:20:01]
ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD HERE.ARE YOUS, ARE YOU SPEAKING IN FAVOR OF THE APPLICANT? YES.
STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
I LIVE, MY NAME'S SALVADOR CHAVEZ.
HE AVENUE, RIGHT BEHIND HER BACKYARD.
AND, UH, EVERYTHING SHE SAID SHE PUT IT, PUT IT RIGHT.
I WAS THERE ONE NIGHT AND UH, PEOPLE JUST GO INSIDE THE DRIVEWAY, TRY TO TURN AROUND AND ALL THIS STUFF.
SHE JUST GO OFF, SHE SAY, HEY, YOU MY PROPERTY, GET OFF.
I WAS THERE, I WAS THERE THAT NIGHT.
IT HAPPENED LIKE THREE TIMES ALREADY WHEN I WAS THERE.
USUALLY I, I'M THE ONE KEY, THE CITY, WHATEVER IT IS, HALLWAY OR LAYING THERE, I, I KEEP EVERYTHING CLEAN IN THERE RIGHT BEHIND HER PROPERTY.
SO SHE ALWAYS SAY, YOU WANT SOMETHING TO DRINK? COME TO MY HOUSE.
I GIVE YOU SOMETHING TO DRINK.
AND THEY, THEY HAPPEN THREE TIMES.
THE GUYS ALWAYS TRY TO TURN AROUND AND THEY GET P****D OFF BECAUSE, UH, SHE SAY THIS IS NOT TO PLAY TO TURN AROUND EVERY, EVERY SINGLE TIME THEY, THEY TRY TO SAY SOMETHING TO HER.
SO I GOT TO STEP UP, SAY, LOOK IT BECAUSE SHE'S A WOMAN, YOU DON'T HAVE TO TALK TO HER LIKE THAT.
BUT LITTLE BIT SHE'S PRETTY PUT TOUGH
ANYBODY ELSE WISH TO SPEAK IN FAVOR OF THE APPLICANT? LET THE RECORD SHOW NOBODY COMING FORWARD.
ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD AGAIN, LET THE RECORD SHOW NOBODY COMING FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
YEAH, NO, YOU CAN CONTINUE ASKING QUESTIONS.
YOU'RE NOT PUTTING UP ANY SIGNS THAT SAYS NO U-TURN.
I HAVE STOPPED PRIVATE DRIVEWAY, NO ENTRANCE.
I HAVE NO TRESPASSING LIKE I HAD BEFORE THE POST GOT KNOCKED DOWN.
I HAD THEM ON BOTH SIDES OF MY DRIVEWAY ON THE POST.
AND I ALSO HAVE 'EM SHOWING THAT IT'S, YOU KNOW, VIDEO SURVEILLANCE AND TRESPASSERS WILL BE PROSECUTED.
AND THE POLICE, UM, AFTER I INSTALL THE CAMERAS, THEY DID TURN AROUND AND SAY, OKAY, WE CAN ISSUE A NO TRESPASS BASED OFF OF THE LICENSE PLATES, BUT IT'S NOT GONNA DO ANY GOOD BECAUSE THE DRIVER JUST HAS TO SAY SOMEBODY ELSE WAS IN THE VEHICLE.
THEY'RE, YEAH, I SAW THE OTHER SIDE OF THE NEW TRESPASSING.
I MEAN, I, I'LL, I'LL BE HONEST, I CAN'T FIGURE OUT A WAY TO JUSTIFY SIX FOOT VERSUS FOUR FOOT.
THE SIX FOOT IS GONNA HIDE PART OF THE DRIVEWAY MORE, BUT YOU'RE STILL GONNA SEE THE EDGE OF THE DRIVEWAY.
YOU'RE STILL GONNA SEE THERE'S A DRIVEWAY THERE.
SO I'M TRYING TO, IN MY BRAIN, WHICH IS WHY I ASKED YOU WHY THE SIX FOOT IS NEEDED.
FOUR FOOT IS GONNA GET YOU THE SAME THING IS GONNA PUT UP A PROTECTION THERE.
YOU'RE GONNA HAVE A GATE, EVERYTHING'S GONNA BE THERE.
THE ONLY DIFFERENCE IS YOU'RE NOT GONNA BE ABLE TO SEE THE WHOLE DRIVEWAY FROM A DISTANCE, BUT YOU'LL STILL BE ABLE TO SEE THE ENTRANCE.
YOU'LL STILL BE ABLE TO SEE THERE'S A DRIVEWAY THERE, WHICH A CAR CAN PULL IN AND TURN AROUND.
SO I, I'M HAVING A PROBLEM JUSTIFYING THE NEED FOR SIX FOOT VERSUS FOUR FOOT.
PEOPLE SEE IT AND LOOK AT IT LIKE IT'S A BIG PARKING LOT BECAUSE IT'S SUCH A, I KNOW THE PICTURES DON'T QUITE DO JUSTICE, BUT WHEN YOU'RE DRIVING AND YOU'RE LOOKING FOR A PLACE TO TURN AROUND WITHOUT HAVING TO CROSS TRAFFIC, IT IS A HUGE SPACE THAT THEY CAN SEE.
THE SIX FOOT FENCE WOULD HIDE THE REST OF THAT DRIVEWAY VISIBILITY.
SO IT WON'T LOOK LIKE ONE, IT GOES BACK REALLY FAR.
IT WON'T LOOK LIKE THEY HAVE A TON OF ROOM TO TURN AROUND.
THEY WON'T BE ABLE TO BE SURE WHETHER OR NOT, AND I'M HAPPY TO, YOU KNOW, AT LEAST BUY ENOUGH LUMBER FOR THAT SIDE OF IT.
BUT AT THE INITIAL VIEW, YOU KNOW, THEY WON'T BE ABLE TO SEE, OH YEAH, THAT'S A GOOD PLACE TO TURN AROUND.
LIKE IF THEY WERE COMING FROM THE OTHER SIDE, WHICH THEY DO A LOT COMING OUT OF TOWN, THEY'LL TURN INTO THAT GRAVEL AREA IN FRONT OF THE ABANDONED CHURCH BUILDING TO TURN AROUND AND GO BACK INTO TOWN.
THEY DO THAT OVER THERE ALL OF THE TIME.
BUT BEFORE YOU HIT THE LIGHT, THAT'S THE REAL ONLY REAL PLACE FOR PEOPLE TO SEE A VISIBLE TURNAROUND.
THE DRIVEWAYS PRIOR TO IT, WHEN YOU'RE GOING BACK TOWARDS THE SALVAGE YARD AND THAT CURVE COMING IN, THOSE AREN'T REALLY LONG DRIVEWAYS.
YOU CAN FIT ONE CAR DEEP IN THE DRIVEWAYS AND THERE'S PLENTY OF LIKE GRAVEL SHOULDER SPACE BECAUSE THEY PARK ON THE SIDE OF THE STREET IN FRONT OF THEIR HOMES.
BUT THERE'S NO VISIBLE TURNAROUND, NOT ON THAT SIDE OF THE ROAD.
AND VAST IS A WHOLE NOTHER STREET.
IT'S NOT LIKE YOU CAN JUST MAKE A U-TURN IN THE INTERSECTION.
PEOPLE ARE LESS INCLINED TO DO THAT THAN THEY ARE TO PULL INTO WHAT LOOKS LIKE A GIANT PARKING AREA OR A LONG DRIVEWAY WITH PLENTY OF ROOM FOR THEM TO PULL IN AND TURN AROUND BEFORE THEY HAVE TO GO BACK OUT ON THE STREET.
PERSONALLY, I DON'T THINK IT'S GONNA CHANGE WITH SIX FOOT 'CAUSE THEY'RE STILL GONNA SEE THE
[00:25:01]
END OF THE DRIVEWAY.THEY'RE GONNA STILL SEE IT AS AN OPPORTUNITY TO TURN AROUND.
I MEAN, MY DRIVEWAY IS NOT REALLY VISIBLE FROM THE STREET, BUT PEOPLE TURN AROUND IN IT ALL THE TIME.
SO SIX FOOT IS ALLOWED ON THE SIDE THOUGH, RIGHT SIDES IN THE REAR, CORRECT.
UP TO THE FRONT SIDE OF THE HOME.
IF YOU'RE, IF YOU'VE GOT THE SIX FOOT ON THE SIDE AS YOU'RE COMING UP THE HILL, THAT'S GONNA CREATE NO, THE HOUSE SITS BACK TOO FAR.
WELL, BECAUSE THEY CAN'T COME PAST THE FRONT OF THE HOUSE.
THE SIX FOOT STOPS AT THE FRONT OF THE HOUSE.
BUT THE FRONT OF THE HOUSE OR THE FRONT OF THE YARD? FRONT OF THE HOUSE.
OH, SO IT WOULDN'T GO UP TO THE, OKAY.
THEY HAVE A SIX FOOT FROM THE FRONT OF THE HOUSE TO THE BACK AND AROUND TO THE FRONT OF THE HOUSE.
FOR HER TO GO SIX FOOT FROM THE FRONT OF THE HOUSE TO THE FRONT IS WHAT THE VARIANCE IS.
I DON'T SEE WHERE, I DON'T THINK SIX FOOT IS GONNA STOP A TURNAROUND.
IF A, IF A FOUR FOOT DOESN'T STOP IT, A SIX FOOT'S NOT GONNA STOP IT.
UM, I MEAN, I UNDERSTAND THE SITUATION SHE'S IN.
I GET IT, BUT I'M SORRY THE PUBLIC PORTION IS ALREADY CLOSED.
I JUST DON'T SEE WHERE SIX I I CAN SEE WHERE A FOREFOOT WITH THE GATES IS GONNA NEGATE SOME OF THE PROBLEM.
I AGREE THAT DEFINITELY THE GATE ITSELF WILL HELP NEGATE YOUR PROBLEM.
'CAUSE IF YOU'RE COMING UP, YOU'RE GONNA SEE A FENCE AND IT'S LIKE, OKAY, THAT'S A FENCE.
AND I DON'T THINK PEOPLE COME UP AND THEY DON'T, YOU KNOW, YOU'RE DRIVING UP THAT HILL AND YOU DON'T THINK, OH WELL THAT'S ONLY A FOUR FOOT FENCE SO I CAN PULL INTO THE DRIVEWAY.
UM, AND I, I JUST PICTURES DON'T SEE WHAT SIX IS GONNA ACCOMPLISH.
AND THERE ISN'T ANYTHING PECULIAR OR PARTICULAR ABOUT THE PROPERTY THAT WOULD ALLOW US TO DO A VARIANCE.
I MEAN, I, THAT'S KIND OF WHERE I'M AT.
I UNDERSTAND IT'S A MAJOR PROBLEM.
UM, I AGREE TOO THOUGH, BUT, AND PEOPLE DON'T KNOW BOUNDARIES ANYMORE.
THEY DON'T CARE IF IT'S A DRIVEWAY, THEY'RE GONNA DUCK INTO IT.
THEY, YOU KNOW, AND THEN SHE'S GONNA MOVE AT EIGHT MORE FEET BACK.
SO THEY'RE STILL GONNA PROBABLY BUG YOU TO DEATH, TURN IT AROUND IN YOUR DRIVEWAY.
BUT IT WOULD BE FAR ENOUGH BACK THAT THEY CAN'T GET MORE THAN JUST THEIR VEHICLE AND THEY WOULD'VE TO BACK OUT.
AND I UNDERSTAND THAT THE FOREFOOT GATE WOULD ACCOMPLISH SOMETHING LIKE THAT, BUT THIS IS ALSO NOT SOMETHING THAT'S GONNA IMPEDE ANY KIND OF PUBLIC SAFETY OR VISIBILITY ON THAT ROAD EITHER THE, THE ISSUE THAT'S BEEN CAUSED WITH THIS PROPERTY BEING LOCATED THERE WHERE EVERYBODY WANTS TO DO THAT AND THAT DRIVEWAY BEING LIKE IT IS.
THE ALTERNATIVE FOR ME WOULD BE TO RIP OUT THE DRIVEWAY SO THAT THE ONLY THING YOU CAN FIT THERE IS ONE VEHICLE.
YOU, YOU, IT ALMOST LOOKS LIKE A STREET.
'CAUSE YOU'VE GOT THAT NICE WIDE DRIVEWAY.
OR LIKE, IF THEY'RE LOOKING AT THE GPS, I DON'T KNOW ABOUT YOU GUYS, BUT I'VE BEEN PLENTY OF TIMES I'M LOOKING AT THE THING AND IT'S TELLING ME THE NEXT STREET AND THAT LOOKS LIKE THE STREET I'M SUPPOSED TO TURN.
BECAUSE THEY CAN'T JUDGE DISTANCE, SO THEY TURN INTO MY DRIVEWAY.
BUT I'M THINKING IF THEY SEE THAT FOUR FOOT FENCE, THEY'RE GONNA KNOW, HEY, THAT'S NOT A STREET.
THAT'S GONNA DEFINE THE PROPERTY.
UM, BUT THE TRESPASSING SEAN SHOULD ACCOMPLISH THE SAME THING AND THEY DIDN'T.
I'VE BEEN DEALING WITH THIS FOR FIVE YEARS.
WELL, PEOPLE WILL IGNORE SIDE.
I, OKAY, WELL LET'S GO AHEAD AND GO THROUGH THE FOUR POINTS TO MEET A VARIANCE AND WE'LL SEE WHAT WE COME UP WITH.
UM, 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.
I I I DON'T SEE WHERE THERE'S A SPECIAL CONDITION OR ATTRIBUTE.
I KNOW THERE'S A PROBLEM, BUT THAT'S NOT A SPECIAL CONDITION, SO NO.
THAT'S NOT WHAT LEGALLY A SPECIAL CONDITION OR ATTRIBUTE WOULD BE.
I MEAN YEAH, WITH BRENDA, IT'S, IT'S NOT SOMETHING THAT'S UNDER OUR PURVIEW.
I DON'T THINK THAT THERE'S SPECIAL CONDITIONS AS WELL.
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IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF ORDINANCE.I DON'T THINK IT WOULD'VE DONE HARDSHIP.
WHAT WE'RE SAYING IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED IN SUBSTANTIAL JUSTICE, THOUGH.
MADAM CHAIRMAN, WE NEED A MOTION TO APPROVE THE VARIANCE REQUEST AND THEN A SECOND.
AND IT, JUST BECAUSE YOU MOVE IN SECOND DOES NOT MEAN THAT YOU HAVE TO VOTE IN FAVOR OF IT.
BUT WE NEED A MOTION TO DEPOSIT.
I MAKE A MOTION TO APPROVE THE VARIANCE AT, OH, I FORGET THE NAME.
I HAVE A MOTION TO HAVE A SECOND.
ANY FURTHER DISCUSSION? DO NO.
ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS AND IF YOU DON'T AGREE WITH THE DECISION OF THE BOARD OF ZONING APPEALS, YOU HAVE THE RIGHT TO APPEAL THIS DECISION TO THE CIRCUIT COURT OF BERKELEY COUNTY.
NO DISCUSSION ACTION ITEMS, NO OTHER BUSINESS.
I'LL ENTERTAIN A MOTION TO ADJOURN.
I'LL MAKE A MOTION TO ADJOURN.