Link


Social

Embed


Download

Download
Download Transcript


SHALL WE USE

[00:00:01]

THAT? YEAH.

OKAY.

IT'S SIX 30.

I'LL

[1. CALL TO ORDER]

CALL THE MEETING TO ORDER.

CAN I GET A ROLL CALL PLEASE? MARY DELIA? PRESENT.

JAMIE LOPEZ.

BRENDA CASABONA? HERE.

SHERRY SARD? HERE.

MONIQUE? BOOTS.

HERE.

SANDRA LANSDOWN.

CHRISTINA BRINER HERE.

OKAY, MOVING ON.

APPROVAL OF THE

[3. APPROVAL OF MEETING MINUTES]

MEETING MINUTES FOR JUNE 3RD, 2025.

EVERYBODY WOULD'VE GOT THAT IN A READ AHEAD.

UM, IF THERE'S NO QUESTIONS OR CONCERNS, I'LL ENTERTAIN A MOTION.

I MAKE A MOTION TO APPROVE, UH, THE MINUTES FOR WHAT WAS THE DATE? JUNE 3RD.

OKAY.

I HAVE A MOTION.

DO I HAVE SECOND? I SECOND IT.

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

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES NO UNFINISHED BUSINESS.

WE'LL MOVE ON TO NEW BUSINESS.

[5. NEW BUSINESS/PUBLIC HEARINGS]

PROJECT NUMBER 2025 DASH 62 DASH VA VARIANCE.

THE PROPERTY IS LOCATED AT CENTER STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 15 AS PARCEL 31.2.

THE APPLICANT IS REQUESTING VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04.

FIGURE THREE DASH TWO F1 C4 TO ALLOW FOR A 33 FOOT REAR SETBACK AND C 0.1 TO ALLOW FOR SIX FOOT FRONT SETBACK.

AVON HARRIS? YES.

IF YOU WILL STATE YOUR NAME AND RECORD FOR YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

YVONNE HARRIS.

UH, PO BOX 2 53 RANKS IN WEST VIRGINIA.

OKAY.

RAISE YOUR RIGHT HAND SO YOU SWEAR IN I SWEAR, KNOW WHAT TO SWEAR.

I'M SORRY.

OH, OKAY.

UH, SO RAISE YOUR RIGHT HAND.

DO YOU SWEAR OR AFFIRM THAT THE STATEMENT YOU'RE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH? I DO.

OKAY.

ALL RIGHT.

NOW PLEASE GIVE US A SYNOPSIS OF WHAT IT IS THAT YOU DO.

UH, SO I WANT TO TAKE ABOUT 45 FEET, UH, WIDTH AND 67 FEET DEPTH OF THAT PARCEL, WHICH IS 227 FEET WIDE BY 67 FEET DEEP.

UM, I JUST REALLY WANT TO JUST USE THIS BIT OF THE PARCEL THAT'S ADJACENT TO THE LOT PARCEL 15 DASH, I MEAN 15 POINT 31 DASH OH ONE.

SO JUST STAY REAL TIGHT TO THAT, THAT HOUSE ON THAT STREET.

AND WHAT'S YOUR REASONING FOR WANTING TO STAY TO THAT CLOSE ON THE LOT? UH, WELL THE, A PORTION OF THE PARCEL ON THE FAR, UH, FAR SIDE IS WITHIN THE FLOOD PLAIN, SO I JUST WANTED TO KEEP, YOU KNOW, THAT PORTION OUT OF THAT FLOODPLAIN, WHICH, WHICH IS WHAT? SO IF YOU MOVE IT ANY FURTHER, YOU WOULD BE IN THE FLOODPLAIN IS WHAT YOU'RE SAYING? NO, NO, NO.

I MEAN, IT'S STILL A GOOD WAYS, BUT I JUST, I'M KEEPING IT TIGHT.

HOW MUCH IS A GOOD WAYS PROBABLY ABOUT THAT HELPS YOU? THERE'S NO REAL DISTANCE.

I WANNA SAY MAYBE 75, 80 FEET MAYBE.

OKAY.

OKAY.

SO CAN I POINT TO IT REAL QUICK? SURE.

I THINK THAT'S FINE.

OH, WELL, YOU, YOU GUYS WON'T SEE IT OVER THERE.

.

IT'S NOT TOUCHSCREEN.

WE DON'T HAVE A POINTER, BUT IF I KEEP IT TIGHT, BASICALLY LIKE FIVE FEET OFF OF THE PROPERTY LINE, I'LL STAY WITHIN, UH, THAT SECTION THAT'S OUT OF THAT FLOODPLAIN AND, YOU KNOW, JOIN THE REST OF THE HOUSES TO THE LEFT.

SO, SO HERE'S THAT.

OKAY.

YEAH, I THINK, I THINK HE'S ONLY REQUIRED TO HAVE A FIVE FOOT MINIMUM SETBACK.

AM I CORRECT? SO THAT HE WOULD MEET THAT ON THAT.

ANY OTHER QUESTIONS? IS IT ONLY FIVE FEET? YEAH, FOR THE SIDE.

FOR THE SIDE.

OH, FOR THE SIDES, OKAY.

YEAH.

YEAH.

IS THIS GONNA BE A RENTAL PROPERTY? NO.

OKAY.

ANY OTHER QUESTIONS? NOT CURRENTLY, NO.

OKAY.

WE'LL MOVE ON TO STAFF REPORT.

NO.

THE APPLICANT IS PROPOSING TO BUILD A NEW SINGLE FAMILY HOME ON THIS CURRENTLY VACANT 67 BY 228 PARCEL OF LAND IN THE URBAN RESIDENTIAL THREE DISTRICT.

[00:05:01]

THE APPLICANT IS REQUESTING VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04, FIGURE THREE DASH TWO C, C ONE, AND C FOUR TO ALLOW THE FRONT PRINCIPLE SETBACK TO BE SIX AND THE REAR PRINCIPLE SETBACK TO BE 33 AND FIGURE THREE DASH TWO FF ONE.

UH, THE CURRENT PARKING, UH, ALTERING THE CURRENT PARKING PROVISION.

PARKING IS ONLY ALLOWED IN THE REAR AND SHOULD BE ACCESSED FROM AN ALLEY IN THE URBAN RESIDENTIAL THREE DISTRICT.

UH, THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE SETBACKS.

AND LET'S SEE, NOTABLE INFORMATION, UH, THERE IS NO REAR REAR ALLEY TO THE PARCEL.

UM, AND NO CURB CUT PERMISSION WILL BE NEEDED AS THERE'S NOT A CURB CURRENTLY THERE.

SINGLE FAMILY HOMES REQUIRE TWO SPACES PER DWELLING UNIT TO MEET THE PARKING REQUIREMENTS IN THAT DISTRICT.

OKAY.

ANY QUESTIONS FOR STAFF OR THE APPLICANT? SO, YEAH, WHERE, WHERE ARE THE TWO PARKING SPACES GOING TO BE? UH, DIRECTLY IN FRONT OF THE, THE UNIT, SO.

OKAY.

GOT IT.

YEAH.

UM, WITH THAT 45 FEET, THAT SHOULD GIMME PLENTY OF PARKING SPACE DIRECTLY IN FRONT OF, I MEAN, IS THAT ON ON STREET PARKING? YES, MA'AM.

BUT I THINK YOU'RE REQUIRED OFF STREET, RIGHT? CORRECT.

CORRECT.

YEAH.

MM-HMM .

YEAH, THERE'S NO ALLEY ACCESS, UM, UH, TO BE ABLE TO DO THAT.

AND THEN THERE'S CURRENTLY ON STREET PARKING, EVERYBODY THERE IS ON STREET PARKING.

RIGHT.

BUT WHEN THE ZONING YEAH, THE SUBDIVISION AND LAND ORDINANCE STRUCTURE.

YEAH.

WHEN THE ZONING CHANGED, NEW STRUCTURES HAVE TO HAVE THE TWO PARKING OFF STREET PARKING.

RIGHT.

THAT'S WHY I'M ASKING FOR THE VARIANCE ON THAT.

SO IS THERE A VARIANCE REQUEST FOR ON STREET PARKING OR JUST FOR THE, IT'S, WHAT WE HAD HAD WAS JUST TO FIGURE OUT WHAT THE PARKING WOULD BE.

IT'S A VARIANCE.

SO IT'S NOT SPECIFIC TO WHETHER PARKING IN THE BACK.

EXACTLY.

'CAUSE IT WAS REQUESTED FAR AS ON STREET PARKING, BUT THAT'S NOT ALLOWED BECAUSE THERE'S A NEW STRUCTURE GOING UP.

GOTCHA.

IT REQUIRES TWO, IT REQUIRES IT TO BE PARKING IN THE REAR.

WELL, IT REQUIRES IT TO BE TWO OFF STREET PARKING, TWO SPACES, AND YOU CAN'T MEET THE REAR BECAUSE THERE'S NO REAR ALLEY.

CORRECT.

SO THAT'S, YEAH.

SO YOU'RE LOOKING FOR THE VARIANCE TO ALLOW A FURTHER SETBACK SO THAT HE COULD THEN SEEK THE ABILITY TO PARK.

THAT'S GONNA BE UP TO THE APPLICANT WHERE, SO THAT WOULD BE SEPARATE.

ACTUALLY, I'M, WE'RE JUST LOOKING FOR THE SETBACK AT LOOKING FOR ON STREET PARKING.

YEAH.

HE WANTS ON STREET PARKING.

SO WE HAVE TO DETERMINE FIRST IF ON STREET PARK PARKING IS WELL ACCEPTABLE, BUT IT'S NOT.

OKAY.

UM, THERE'S NO DRIVEWAY SHOWING PARKING OFF THE STREET.

THERE'S, BUT HE DOESN'T WANT IT IN THE REAR.

SO IT WOULD HAVE TO GO IN THE FRONT OF THE HOUSE OR BESIDE THE HOUSE.

YES.

BUT ISN'T THERE SUFFICIENT SPACE BESIDE THE HOUSE FOR PARKING? PARKING? YEAH.

NOT IF I, NOT, IF I'M KEEPING THE SPACE, THE BUILDABLE SPACE TO 45 FEET AND WIDTH AND 65, 67 FEET IN THE DAB.

UM, I'M CONFUSED.

I'M CONFUSED.

CAN YOU EXPLAIN PLEASE, UM, WHAT YOUR THINKING WAS OR WHAT THE THOUGHT WAS WHEN THE GENTLEMAN CAME IN TO APPLY? WELL, SO I DIDN'T READ THE APPLICATION WHEN I GOT IT.

IT SAID OFF STREET PARKING, WHICH I WASN'T SURE WHETHER THAT WAS ALLOWED OR NOT AS PART OF A VARIANCE.

BUT THEN IN LOOKING IN THE SUBDIVISION LAND ORDINANCE, IT STATES THAT ANY NEW STRUCTURE, OR I CAN'T REMEMBER THE EXACT WORDING MM-HMM .

REQUIRES TWO OFF STREET PARKING MM-HMM .

SO, AND YOU, OKAY.

YOU'VE GOT THE FIVE FEET SET BACK ON THE SIDE FROM THE OTHER PROPERTY MM-HMM .

RIGHT.

AND I KNOW YOU DON'T WANNA SHIFT THE, THE STRUCTURE OVER BECAUSE OF FLOOD PLAINS, BUT ISN'T THERE SUFFICIENT SPACE? IT'S NOT BECAUSE THE, IN ORDER TO ACHIEVE A CERTAIN SQUARE FOOTAGE, I GOTTA GO A CERTAIN WIDTH WITH THE ACTUAL SINGLE FAMILY HOME AND THEN UP.

SO I REALLY DIDN'T LEAVE MUCH SPACE IN THAT.

WHAT'S WRONG WITH THE REST OF THE LOT? BUT THE, BUT THE PARCEL BESIDES, IT'S YOU GOT CLOSE TO A FLOOD ZONE.

YEAH.

OKAY.

YOU HAVE, I JUST WANTED TO JUST STAY AS FAR AS AWAY FROM

[00:10:01]

IT AS POSSIBLE, BUT PARKING ISN'T THE STRUCTURE.

SO IF YOU'RE JUST PUTTING A DRIVEWAY IN, THAT DOESN'T MATTER IF YOU'RE CLOSER TO THE FLOOD ZONE IN THE DRIVEWAY.

RIGHT.

SO JUST STICK A DRIVEWAY DOWN THE SIDE.

NOT, WELL, THAT'S WHAT WE'RE QUESTIONING .

I'M NOT OPPOSED TO THAT, BUT I WAS JUST GOING WITH THE FACT THAT EVERYBODY ELSE IS PARKING ON THE STREET.

I MEAN, THAT WHOLE ENTIRE STREET IS AND STREET.

I UNDERSTAND THAT, BUT YOU'RE ASKING FOR SOMETHING NEW.

SO WITH NEW YOU GOTTA MEET NEW REGULATIONS.

THAT'S JUST HOW IT WORKS FOR ALL OF US, UNFORTUNATELY.

I GOT YOU.

AND SO THEN WHAT YOU WERE TRYING TO MEET WAS NOT SO MUCH THE REQUIREMENT, BUT YOU WERE TRYING TO MEET THE SPECIFICATIONS FOR THE SIZE HOUSE YOU WANNA BUILD.

IS THAT WHAT'S GOING, IS THAT WHAT CAUSES THE ISSUE WITH PARKING ON THE SIDE? OR IS IT, IS THIS, DOES THIS HAVE TO DO WITH THE STRUCTURE ITSELF? THE SPACE NEEDED FOR THE STRUCTURE? WELL, IT'S A LITTLE BIT OF BOTH.

YEAH, THAT'S WHAT I THOUGHT.

WELL, OKAY.

YOUR, THE PARCEL IS 228 FEET ACROSS.

CORRECT.

SO YOU'VE GOT, UM, THE FIVE FEET, BUT THE DEPTH, BUT THE DEPTH IS, UH, 67 FEET.

RIGHT.

BUT IF THE PARKING IS ON THE SIDE, I MEAN, YOU OBVIOUSLY CAN'T DO REAR PARKING 'CAUSE THERE'S NO ALLEY ACCESS.

CORRECT.

UM, SO, AND YOU CAN'T MEET A, WHAT IS THIS? UM, YOU CAN'T MEET A 40 FOOT MINIMUM SETBACK BECAUSE THE LOT IS JUST NOT LARGE ENOUGH.

CORRECT.

BECAUSE IT'S A DIFFERENT, IT'S A NON-CONFORMING LOT.

RIGHT.

SO TO SPEAK.

RIGHT.

UM, BUT THERE'S NOTHING THAT WOULD PREVENT YOU FROM PUTTING THE PARKING TO THE, AS YOU'RE LOOKING AT THE FRONT OF THE HOUSE YEAH.

TO THE RIGHT SIDE.

ON THE RIGHT SIDE, BECAUSE THAT'S IN THE OTHER, YOU KNOW, YOU'VE GOT MM-HMM .

WHAT DO YOU HAVE, 27, 33? YOU'VE GOT ABOUT 197 FEET OVER.

RIGHT.

IT'LL BE AN EXPENSE BECAUSE IT CAN'T BE GRAVEL.

RIGHT.

THAT'S PART OF THE NEW ORDINANCE TOO.

IT WILL HAVE TO BE PAVED, BUT, AND THEN I WOULD ACTUALLY, BECAUSE THE LOT SLOPES DOWN ON A BIT OF A SMALLER, YOU WOULD'VE TO BACKFILL IT.

YEAH, YEAH, YEAH.

LET'S SEE IF I COULD SHOW THAT.

SO THAT SHOULD BE, THE HOUSE SHOULD BE IMMEDIATE LEFT.

HOW MUCH OF A SLOPE IS IT? IT'S, YOU CAN'T REALLY TELL THERE.

I KNOW.

YEAH.

WELL, PUT IT THIS WAY.

THE, THE, THE REAR OF THE HOUSE WOULD BE ABOUT FOUR FOOT.

THE FOUNDATION WOULD BE ABOUT FOUR FOOT OUT OF THE GROUND COMPARED TO WHICH WOULD BE LEVEL WITH THE ACTUAL STREET.

SO THAT MAKES ANY SENSE.

SO ABOUT WHERE THE HOUSE IS NOW, WELL, WHERE THE HOUSE WOULD, WOULD ACTUALLY GO THE REAR OF THE HOUSE.

WELL, THAT'S WHAT I MEAN, WHERE PROPOSED HERE ON THE PAPER WHERE THAT IS, IT'S ALREADY SLOPED OFF ON THAT SIDE.

YEAH.

IS WHAT YOU'RE SAYING.

SO THAT'S WHY YOU'RE PUTTING IT THERE.

NOT 'CAUSE OF THE FLOOD ZONE.

YOU'RE, YOU'RE TRYING TO PREVENT FROM BACKFILLING.

THAT'S WHY YOU WANT THE HOUSE IN THAT LOCATION TOO.

WELL, RIGHT? YES.

AND AGAIN, TO STAY OUTTA THAT, THAT FLOOD ZONE AREA TOO.

YEAH.

AND TO STAY, YOU KNOW, UNIFORM WITH EVERY OTHER HOUSE.

EVERY OTHER HOUSE ON THAT STREET.

GOTCHA.

YEAH.

OKAY.

I MEAN, IF I, IF I GOTTA PUT A DRIVEWAY ON THE SIDE, I MEAN, ON THE RIGHT SIDE, I WILL, I THINK THAT'S THE ONLY WAY THAT'S GONNA BE WELL, YOU KIND OF DO.

YEAH.

YEAH.

SO IT LOOKS LIKE WE'RE DETERMINING TO ALLOW THE SETBACKS AND PARKING.

CORRECT.

SO IT'S GONNA BE TWO DIFFERENT THINGS THAT WE'RE ADDRESSING HERE.

YEAH.

WELL, IT IS INCLUDED IN IN THE REQUEST.

YES.

BUT I MEAN, SO THAT WE KNOW WHEN WE GO THROUGH, UH, AND MY THOUGHT IS DO WE HAVE TO GO THROUGH THE POINTS FOR EACH ONE OR CAN WE GO THROUGH 'EM TOGETHER? POINTS FOR VARIANCE BE SEPARATE.

RIGHT.

WELL, I WOULD THINK THAT IF THE SETBACKS ARE STILL NEEDED, EVEN IF THE PARKING, THE ALTERNATE, THE ALTERNATE PARKING IS AN ISSUE, THEN I WOULD THINK THAT WE NEED TO VOTE ON THEM SEPARATELY.

THAT'S WHAT I AGREE.

YEAH.

SO, SO NOT TO LOSE THE ENTIRE REQUEST IF THE SETBACKS ARE STILL NEEDED GIVEN THIS, GIVEN THIS INFORMATION ABOUT WHERE THE PARKING REALLY NEEDS TO BE.

OKAY.

THAT WORKS FOR ME.

ANYBODY HAVE ANY MORE QUESTIONS, APPLICANT STAFF? NO.

NO.

OKAY.

ALL RIGHT.

WE'RE GONNA OPEN THE PUBLIC PORTION.

ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD, LET THE RECORD SHOW NOBODY COMING FORWARD.

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

IF YOU COULD HAVE HER, LET HER HAVE THE MIC PLEASE.

IF YOU COULD STATE YOUR NAME AND ADDRESS

[00:15:01]

FOR THE RECORD, PLEASE.

MM-HMM .

ELIZABETH HANTON, PO BOX 1154 MARTINSBURG.

OKAY.

UM, ACTUALLY A RESIDENT OF, OF CENTER STREET.

AND IT'S NOT SO MUCH COMING UP OPPOSED, BUT I HAVE QUESTIONS.

SO IS THIS THE APPROPRIATE TIME? I GUESS IT'S OPPOSED 'CAUSE OF THE QUESTIONS ON IT.

UM, I SUBMITTED A BUNCH OF DOCUMENTATION, UM, TO THE SITTING PLANNING OFFICE AND I DON'T HEAR ANY OF IT LISTED IN.

AND WHAT I SUBMITTED WAS, I'VE LIVED ON THAT STREET FOREVER AND WHEN I WAS COMING UPTOWN TO ADDRESS THE PARKING SITUATION, UM, BECAUSE NOW PEOPLE BARK PARK ON BOTH SIDES OF CENTER STREET UP IN THAT 200 BLOCK, IT'S NARROW AND ONLY ONE CAR CAN PASS.

UM, SO I WAS TAKING PICTURES BECAUSE I'VE BEEN TRYING TO WORK ON THIS FOR OVER A YEAR, AND I JUST KEEP GETTING CAUGHT IN A LOOP.

UM, AS I WAS LITERALLY TAKING PICTURES THAT DAY BECAUSE ALL OF THE CARS WAS HUNG UP IN THAT INTERSECTION OF CENTER STREET AND RACE.

LOOK AT MY STREET RIGHT.

MARTIN RACE.

UM, AS I WAS TAKING THE PICTURES, I SAW A YELLOW SIGN.

I THOUGHT, OH, SOMEONE FINALLY HEARD ME AND THEY'RE GONNA ADDRESS THIS.

SO MY CONCERN IS, IS THAT'S A VERY NARROW STREET THAT IF ANY POINT ON THAT SECTION OF CENTER STREET, IT IS A SLOPE COMING DOWN.

IF YOU'RE HITTING NORTH ON CENTER AS YOU ENTER INTO THE 200 BLOCK NOWADAYS, CARS WALK ON BOTH SIDES OF THE STREET.

THERE'S ONLY, IT'S ONLY PASSABLE BY ONE VEHICLE AT THIS POINT.

IT'S A CURVE AND A HILL.

ANY EMERGENCY VEHICLE TRYING TO COME THROUGH THAT AREA IS GONNA BE DELAYED.

SCHOOL BUSES HAVE TO STOP IF THEY COME THROUGH THAT WAY FOR VEHICLES TO PASS.

SO ADDING MORE ON STREET PARKING IS ONLY GONNA EXTEND AN ALREADY, UM, SAFETY ISSUE THERE THAT BECAUSE CHILDREN ARE ON THE BUSES, IF EMERGENCY VEHICLES HAVE TO COME THROUGH, THE NEIGHBORHOOD IS ESTABLISHED WITH, UM, ELDERS WHO MORE THAN OFTEN NEED AMBULANCES AND DIFFERENT THINGS COMING INTO THE NEIGHBORHOOD.

AND THAT WAS MY CONCERN WHEN I NOTICED THE PUBLIC HEARING SIGN.

AND I DIDN'T QUITE UNDERSTAND AS I READ IT.

I WAS JUST LIKE, I NEED TO GO TO THIS MEETING.

I CAME UP AND TALKED TO MS. CUMMINGS, I SUBMITTED PHOTOS, DRAWINGS, DOCUMENTATION ON IT, BUT I HAVEN'T HEARD ANY OF THAT ADDRESSED IN HERE TODAY.

SO ONCE AGAIN, I DON'T KNOW WHERE THAT INFORMATION MAY BE.

THIS MEETING IS THE BOARD OF ZONING APPEALS.

SO IT'S PEOPLE WHO COME, UH, WHO SUBMIT APPLICATIONS TO, UH, GET A VARIANCE OR SPECIAL EXCEPTION, UH RIGHT.

BASED OFF OF THE ZONING CODE.

SO WOULD, I GUESS WHAT I JUST SAID WITH THE PUBLIC PORTION WAS OPEN SO THAT YOU COULD SPEAK IF YOU HAD A PROBLEM, UM, WITH HIM WANTING ON STREET PARKING.

I GUESS I, I GUESS I DO.

SO UNLESS THE CITY'S GONNA DO SOMETHING TO OPEN THAT ROAD WIDER SOMEHOW BECAUSE IT'S TOO NARROW TO GO ANY FURTHER.

IT'S ALREADY A PROBLEM WITH THE VEHICLES ON PARKING ON BOTH SIDES OF THE STREET ON THE EAST AND THE WEST SIDE GOING THROUGH CENTER STREET.

AND THEN AS YOU COME DOWN OFF THAT HILL TO THE CURB, THERE'S ALSO ANOTHER LITTLE SMALL ALLEY STREET THAT COMES OUT THAT'S GONNA BE IMPEDING TURNING OFF OF IT.

I SAW THAT PICTURE UP THERE.

I'M NOT SURE WHERE THAT PICTURE'S LOCATED OR WHEN IT WAS TAKEN OF CENTER STREET, BUT I SUBMITTED PHOTOS.

SO I GUESS MY OPPOSITION IS DEVELOPED TO PUT MORE ON STREET PARKING IS JUST NOT FEASIBLE WHEN IT'S ALREADY AN ISSUE WITH VEHICLES GETTING THROUGH EMERGENCY VEHICLES AND SCHOOL BUSES.

SO I GUESS THAT'S MY PART.

I THOUGHT SHE WOULD SUBMIT THAT OVER TO ZONING BECAUSE I SPOKE WITH MS. CUMMINGS ABOUT THAT AND I TRIED TO REACH HER TODAY AND I WASN'T ABLE TO, UM, I GUESS SHE WAS OUT OF THE OFFICE 'CAUSE I DIDN'T HEAR BACK FROM HER.

YEAH, I WOULD SAY REACH OUT TO, UH, THE PLANNING DEPARTMENT, UM, TOMORROW.

OKAY.

IF YOU HAVE CONCERNS, YOU COULD TAKE IT TO CITY COUNCIL.

YES.

WE'RE, WE'RE ONLY REGULATED TO THE PEOPLE THAT SUBMIT APPLICATIONS.

UNFORTUNATELY, WE CAN'T DO ANYTHING ELSE.

OKAY.

SO, BUT CITY COUNCIL YOU CAN TALK TO THEM.

SO MY PART ABOUT WHEN YOU SAID OPPOSITION, MY OPPOSITION IS YOU ARE OPPOSED TO MORE ORANGE, ORANGE STREET PARKING PARK PARKING IN THAT AREA.

YES.

WE WILL DEFINITELY RECORD IT AS THAT.

THANK YOU SO MUCH.

YEAH.

UM, ANYBODY ELSE WISHING TO SPEAK AGAINST THE APPLICANT? OKAY.

LET NOBODY, LET, LET THE RECORD SHOW NOBODY ELSE COMING FORWARD.

THE PUBLIC PORTION IS NOW CLOSED.

ALL RIGHT.

YOU GOT A QUESTION? GO AHEAD.

I HAVE A QUESTION SINCE WE TALKED ABOUT THE FACT THERE'S, THERE'S NO ALLEY IN THE BACK.

PARKING IN THE FRONT REALLY IS NOT ALLOWED.

THERE NEEDS TO BE TWO AMPLE SPACES ON LOT.

WE TALKED ABOUT WHY PARKING COULDN'T EXIST OR HAPPEN ON THE SIDE.

NOW MY QUESTION IS ABOUT THIS.

NO CURB CUT PERMISSION WILL

[00:20:01]

BE REQUIRED AS THE LOT DOES NOT CURRENTLY HAVE A CURB.

DOES THAT MEAN THEN THAT IT'S ALREADY THERE WOULD BE PERMISSION RE REQUIRED OR THEY'RE NOT CUTTING THE CURB? OH, CURB NON-EXISTENT.

YEAH.

IT'S NOT, SEE, THERE'S, THERE'S NO SIDEWALKS.

OH YEAH.

YEAH.

SO THAT'S WHY, JUST WANTED TO MAKE SURE WE WEREN'T CREATING ANOTHER HURDLE.

NO.

OKAY.

ANY FURTHER QUESTIONS FOR THE APPLICANT OR STAFF BEFORE WE GO THROUGH THE POINTS? NO.

IS I HAVE A QUESTION.

IS THERE AN ALLEY ON THE EAST SIDE OF CENTER STREET ON THE TWO IN THE 200 BLOCK? IS THERE AN ALLEY TO ACCESS ON THE EAST SIDE? I DON'T KNOW.

I CAN'T TELL FROM HERE.

YEAH, I DON'T THINK SO.

IT DOESN'T, I MEAN, I DON'T SEE ANYTHING.

OKAY.

I, SO, SO THAT'S THE ONLY PLACE THEY HAVE TO PARK THEN IS ON THE STREET? WELL, THE PEOPLE ON THE EAST SIDE, NO.

THEY PARK IN THE YARD.

YEAH.

HAVE THE DRIVEWAY THAT GOES OFF THE EXISTING STRUCTURES.

THAT'S WHAT I MEAN.

YEAH, THAT'S THE BUT THEY, THEY PARK ON THE STREET, CORRECT? CORRECT.

THAT'S WHAT HE SAID, RIGHT? STRUCTURES? YES.

OKAY.

ALL EXISTING STRUCTURES.

OKAY.

THAT'S, THAT WAS MY QUESTION.

I DIDN'T KNOW IF THERE WAS AN ALLEY ON THE, I KNOW THERE'S NOTHING ON THE WEST SIDE, BUT THERE MIGHT HAVE BEEN SOMETHING ON THE EAST SIDE, BUT THERE ISN'T.

NO, MOST OF THOSE STREETS UP THERE DIDN'T HAVE ALLEYS CONNECTING.

OKAY.

THANK YOU.

OKAY.

ANY MORE QUESTIONS? NOPE.

ALL RIGHT.

SO WHAT WE NEED TO DO IS GO THROUGH THE POINTS.

WE'RE GONNA DO 'EM ONE AT A TIME.

SO I GUESS THE FIRST ONE WE CAN DO IS THE SETBACKS.

OKAY.

ALL RIGHT.

THE FIRST ONE IS, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENTS.

AGREED.

AGREED.

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

AGREED.

AGREED.

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

AGREED.

AGREED.

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

AGREED.

OKAY.

OKAY.

SO CAN WE DO THE TWO SETBACKS TOGETHER? WE DID DO AS TWO SET.

WE SETBACK TOGETHER.

WE DID, YEAH.

YOU WAITING FOR A MOTION? YES.

UM, THEN WE CAN DO THE MOTION TOGETHER ABOUT, SAY, DO WE HAVE TO DO THE MOTION BEFORE WE GO ONTO TO THE NEXT FOUR OR CAN WE DO THE MOTION AT THE END? I APPROVE THE SETBACK AND THEN GO INTO THE, THE NEXT PART OF THAT, RIGHT? THE DRIVEWAY PART OF IT? YEAH.

PROBABLY GO AHEAD AND APPROVE THE SENTENCE THEN.

OKAY, THEN YES.

I WILL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE THE VARIANCE REQUEST FOR THE PARCEL LOCATED ON CENTER STREET PROJECT 2 0 2 5 DASH 62 DASH V TO ALLOW FOR A FRONT PRINCIPAL BUILDING SETBACK OF SIX FEET AND A REAR PRINCIPLE BUILDING SETBACK OF 33 FEET.

HAVE A MOTION.

DID HAVE A SECOND? I'LL SECOND.

ALL RIGHT.

WITH THE MOTION.

AND SECOND.

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

AYE.

AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

OKAY, SO NOW WE WILL GO ON TO THE PARKING.

SO I GUESS THE QUESTION HERE IS WE CAN'T GO THROUGH THESE POINTS WITHOUT KNOWING WELL, WE'RE, THE POINTS ARE TO NOT REQUIRE REAR SET REAR PARKING.

RIGHT.

BECAUSE THERE'S NO ALLEY.

RIGHT.

OKAY.

IN HIS APPLICATION.

DOES, UM, UH, ON PAGE 12, UM, NORMALLY IT'S SPECIFIED WHAT HE'S REQUESTING IN PLACE OF IT, IF HE'S REQUESTING OH, OKAY.

ON STREET PARKING? YEAH.

ON VARIANCE REQUEST ON THE, UM, THE FIRST PAGE, UH, STREET PARKING, EXISTING CURRENT STREET PARKING, NO ALLEY ACCESS.

OKAY.

SO IT IS MENTIONED AND THAT HE'S ASKING FOR A VARIANCE FOR STREET PARKING ON STREET PARKING VERSUS STREET PARKING.

SO THAT'S WHAT WE'RE VOTING ON.

CORRECT.

WE ARE VOTING ON TO ALLOW OR NOT ALLOW ON STREET PARKING IN PLACE OF A REQUIREMENT FOR YOUR PARKING.

IS THAT CORRECT? SOUNDS LIKE IT.

ARE YOU SAYING THOUGH, IF YOU REJECTED, IS HE, THAT YOU'VE APPROVED THE SETBACK, ARE YOU REQUIRING THAT HE COME UP WITH PARKING ON THE LOT INSTEAD THEN? WELL, THAT WAS COULD BE A CONTINGENCY.

THAT WAS MY THOUGHT IS WE COULD PROBABLY MAKE THAT AS A CONTINGENCY.

YES.

YES.

OKAY.

THAT'S WHAT DISAGREE, THAT IT DOESN'T HAVE TO COME BACK AND REQUEST IT ON THE LAND, DO IT AGAIN.

LAND.

SO I'D SAY JUST BE CLEAR ABOUT THAT WHENEVER YOU'RE PASSING IT.

EVERYBODY UNDERSTAND THAT? MM-HMM .

MM-HMM .

OKAY.

ALL RIGHT.

SO AS FAR AS YOU ALLOW ON STREET PARKING,

[00:25:01]

UH, IN PLACE OF THE CURRENT REQUIREMENTS WITH REAR PARKING, WE'RE GONNA GO OVER THE POINTS AGAIN, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.

AGREE, I WOULD SAY I AGREE.

ONLY IF HE PUTS PARKING YEAH.

ON THE LOT AND PUTS IN A PARKING SPOT THAT YES.

MEETS THE REQUIREMENTS.

YEAH.

YES.

THAT IT WILL ONLY ALLOW IT IN THAT INSTANCE.

RIGHT? YEAH.

THE, AT THIS POINT GOING ON STREET WON'T ALLOW, GOING THROUGH THE POINTS IS KIND OF POINTLESS BECAUSE AT THIS POINT WE UNDERSTAND THAT THE, THERE, IT CAN BE A, AN APPROVAL OF AN ALTERNATE TYPE OF PARKING, BUT IT NEEDS TO BE CONTINGENT UPON THE FACT THAT THAT HAPPENS ON THE LOT MM-HMM.

ON THE SIDE OF THE LOT.

WHICH IS WHY I PUT THE CONTINGENCY IN THAT.

YES.

YEAH.

IT WILL ONLY MEET IT IF PARKING IS ON THE LOT.

YEAH.

YEAH.

TO THE RIGHT OF THE BUILDING MM-HMM .

YES.

IT WILL NOT MEET, MEET IT WITH ON STREET PARKING ONLY.

MM, CORRECT.

YEP.

YEP.

OKAY.

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

YEAH, I AGREE.

OFF STREET IS ON THE SIDE OF THE LOT.

YEAH.

YES.

MM-HMM .

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

AGREED, YEAH.

WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED IN SUBSTANTIAL JUSTICE.

DONE.

AGREED.

AGREED.

AGREED.

OKAY.

SO NOW I WILL ENTERTAIN A MOTION.

I MAKE A MOTION TO APPROVE THE VARIANCE.

NO, I MAKE A MOTION TO, UH, HOW DO I MAKE THIS, UM, APPROVE THE ALTERNATE, UM, APPROVE THE ALTERNATE, UH, LOCATION OF PARKING BECAUSE ON STREET PARKING IS NOT PERMITTED, YOU'RE REQUIRED TO HAVE TWO SPACES.

SO I MAKE A MOTION TO APPROVE PROJECT 2025 DASH 62 DASH V.

UH, WITH THE VARIANCE BEING THAT SINCE THERE IS NO ALLEY ACCESS FOR PARKING IN THE REAR, THE PARKING MUST BE ON THE SIDE.

FAIR ENOUGH.

EVERYBODY UNDERSTAND THAT MOTION? I DO.

MM-HMM .

OKAY, THEN I'LL ENTERTAIN A SECOND.

I'LL SECOND IT.

OKAY.

A MOTION AND A SECOND ON THE TABLE.

ANY FURTHER DISCUSSION? NO.

ALL IN FAVOR SIGNIFY BY SAYING AYE A.

AYE.

ALL OPPOSED? MOTION CARRIES.

SO WITH THAT ONE, YES, WE ARE ALLOWING YOU NOT THAT TO PARK IN THE REAR, BUT YOU HAVE TO PUT IT ON THE LOT ITSELF.

SO THERE'S NO, YOU ON STREET PARKING IS JUST, NO.

I MEAN, YOU CAN'T USE THAT AS PERMANENT PARKING.

LIKE, I DON'T HAVE TO PUT THE PARKING THE TWO SPOTS, RIGHT? MM-HMM .

IT'S TWO SPOTS.

TWO SPOTS ALL THE WAY AT THE REAR.

NO, NO.

YOU DON'T HAVE TO PUT IT AT THE REAR, YOU JUST HAVE TO PUT IT TO THE RIGHT OF THE HOUSE.

OKAY.

THAT WAY IT'S STILL ON THE LOT AND IT'S NOT TAKING UP MORE ON STREET PARKING.

OKAY.

UM, SO, BUT IT DOESN'T HAVE TO BE IN THE REAR.

OKAY.

WHEN YOU, YOUR BUILDING.

PERFECT.

JUST, YEP.

OF COURSE IT WILL HAVE TO BE PAVED 'CAUSE THE CITY REQUIRES THAT.

SO THEY'LL, THEY'LL MAKE SURE YOU MEET ALL THAT.

ALRIGHT.

OKAY.

OKAY.

MOVING ON.

PROJECT NUMBER 2025 DASH 65 DASH VA VARIANCE.

THE PROPERTY IS LOCATED AT FIVE 15 AND FIVE 17 SOUTH SPRING STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP.

18 IS PARCEL 1 26 0.1.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04, FIGURE THREE DASH TWO F1 TO ALLOW FOR FRONT PARKING TRIPLE CROWN CONSTRUCTION.

MICHAEL CARDELLO, YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

SURE.

GOOD EVENING.

MY NAME IS MIKE CARDELLO.

MICHAEL CARDELLO.

MY ADDRESS IS 2 7 7 1 BUTLERS CHAPEL ROAD.

MARTINSBURG.

OKAY.

IF YOU RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THE STATEMENT YOU'RE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH? YES, I DO.

OKAY.

IF YOU COULD GIVE US A SYNOPSIS OF WHAT IT IS YOU WANNA DO.

CERTAINLY.

UM, WE, UH, WE CAME IN MAYBE, UH, ABOUT SIX MONTHS AGO FOR, UH, WHAT LOOKS LIKE, I THINK LABELED THERE LOT 1 26.

BUT AT THE, AT THE MOMENT, I'M LOOKING TO DO THE SAME THING.

THERE'S NO ALLEYWAY.

UM, SO THESE LOTS, UH, KIND OF HAVE A SPECIAL CONDITION CREATING REALLY A HARDSHIP FOR US RIGHT OFF THE BAT BECAUSE THERE'S NO ALLEY.

AND WHEN WE CREATED THESE LOTS TO CONFORM, WE WEREN'T ABLE TO GET ONE IN THE STREET'S, ACTUALLY, UH, WHERE IT'S PLATTED IS KIND OF UP INTO THE LOTS.

SO WE FOUND THE BEST SOLUTION WAS TO HAVE A, UM, FRONT PARKING.

UH, WE, WE WERE ABLE TO, UH, UM, BASICALLY EXPRESS THAT AND, AND GET APPROVAL AT THE LAST, UH, BCA MEETING SIMILAR TO THIS.

[00:30:01]

AND THAT, THAT'S WHAT IT IS, IS FOR FRONT PARKING.

OKAY.

IS THAT IT? ANYBODY HAVE ANY QUESTIONS? NO.

NO STAFF REPORT.

THE APPLICANT IS PROPOSING TO BUILD TWO NEW SINGLE FAMILY HOMES ON THIS CURRENTLY VACANT LOT OF 40 BY 103 IN THE URBAN RESIDENTIAL DISTRICT.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO PARKING PROVISION FIGURE THREE DASH TWO FF ONE TO ALLOW FRONT PARKING AS THE CURRENT PROVISION ONLY ALLOWS FOR REAR PARKING AND THE PARKING SHOULD BE ACCESSED BY THE ALLEY.

AND INFORMATION.

UH, SO THERE IS NO REAR ALLEY ACCESS TO THIS PARCEL.

UH, SINGLE FAMILY HOME.

WE'RE REQUIRED TWO PARKING SPACES PER DWELLING UNIT.

UM, SO TWO PARKING SPACES FOR FIVE 15 AND TWO PARKING SPACES FOR FIVE 17 SPRING STREET, UH, WILL MEET THE, WILL BE NEEDED TO MEET THE PARKING REQUIREMENTS.

UM, THERE IS NO CURRENT CURB, SO NO CURB CUT PERMISSION WILL BE REQUIRED.

OKAY.

ANY QUESTIONS? SO THAT'S FIVE.

NOW I KNOW THAT THE, THE ONE THAT WE APPROVED BEFORE, SO THE SLOPE ON THE DRIVEWAY IS PRETTY STEEP.

DOES IT MEET CODE? IT, IT DOES MEET CODE.

UM, IF YOU'VE BEEN BACK SINCE IT'S PA BEEN PAVED, IT'S LOOKS A LOT BETTER.

AND THE REASON WAS FOR THAT, UM, THERE'S A ELDERLY LADY NEXT DOOR AND WE ENCOUNTERED A LOT OF ROCK ON THAT LOT AND I ENDED UP PUTTING IN A PLAN CHANGE TO THE PERMIT.

YEAH, .

AND, UM, WE PUT IN A PLAN CHANGE FOR THE PERMIT, WENT WITH A CRAWL SPACE AND THAT DID SHIFT OUR ELEVATION, UNFORTUNATELY.

BUT BEING THAT MY HOUSE NOW IS THE BUFFER, WE PLAN TO DO, DO THE, UH, THE BASEMENT AND GO WITH A MORE TRADITIONAL GRADE THERE.

OH, A MORE TRADITIONAL GRADE ON LIKE THE ENTRANCE OF THE DRIVEWAY? YEAH.

SO IT'S NOT AS, AS STEEP, BUT IT DOES HAVE THE PROPER FALL.

OKAY.

ANY OTHER QUESTIONS? NO.

NO.

OKAY.

WE'LL MOVE ON TO PUBLIC PORTION.

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

ARE YOU SPEAKING IN FAVOR? I'M, I, I DON'T KNOW.

I DON'T HAVE AN OPPOSITION EITHER WAY.

OKAY.

WANT MY, WELL, STATE YOUR NAME AND ADDRESS FOR THE RECORD.

DAN DELIA.

5 0 6 SOUTH QUEEN STREET.

OKAY, NOW YOU CAN GO AHEAD.

I'M NOT USED TO YOU TELLING ME WHAT TO DO.

, THE, SO, SO HERE'S MY CONCERN.

I, I WOULD ASSUME THAT THIS BOARD, AND, AND FROM WHAT I JUST HEARD, THIS BOARD DID GIVE A VARIANCE TO PUT IN THE, UM, THE HOUSE THAT, UH, IS RIGHT NEXT DOOR TO THIS PROPERTY THAT HOUSE, THE, THE DRIVEWAY.

AND, UM, I, I HEARD HIM SAY THAT HIS DRIVEWAY MEETS CODE IS THREE TIMES STEEPER THAN WHAT CODE ALLOWS AT LEASE.

UM, THERE'S ALSO A PROBLEM.

I MEAN, THERE'S, THERE'S ALL KINDS OF PROBLEMS WITH, UH, WITH THE, UH, UM, CODES YOU GUYS DEAL WITH, AND I GET THAT.

I MEAN, IT, UH, IT, I I REALLY NEVER NOTICED IT UNTIL I, UH, UH, GOT THIS LETTER BECAUSE, UH, MY PROPERTY JOINS THAT AND I NEVER NOTICED IT UNTIL I WAS LOOKING.

THE, UH, THE CODE FOR DRIVEWAYS, UH, IF I'M CORRECT, IS ONE INCH IN EVERY 10 INCHES.

UM, IS THE, IS THE GRADE FOR A DRIVEWAY, UM, CODE FOR HANDICAP ACCESS BULLS ONE IN EVERY 12.

SO, SO EVEN IF YOU PUT A DRIVEWAY IN IN ONE TO 10 INCHES, IT STILL DOESN'T MEET HANDICAP ACCESSIBLE.

SO WHEN YOU TALK ABOUT APPROVING SOMETHING AND IS IT CREATING A HARDSHIP? WELL, ABSOLUTELY.

IF IT DOESN'T MEET ONE IN 12, WHICH IS A HANDICAP ACCESS, IT'S GONNA CREATE A HARDSHIP FOR, UH, INDIVIDUALS IN THE COMMUNITY.

ANYBODY COMES TO THE HOUSE, HAS TO WALK UP THE DRIVEWAY.

IF THEY'RE HANDICAPPED, HOW ARE THEY GONNA GET UP THE DRIVEWAY TO THE HOUSE? UM, MAILMAN'S GOTTA GO UP THERE.

SO THAT, THAT'S A CONCERN.

I THINK THAT, I THINK IT'S A GREAT IDEA NOT TO DO, ESPECIALLY ON THAT STREET THAT'S NOT EVEN WIDE ENOUGH FOR TWO CARS, UM, NOT DO ON STREET PARKING.

BUT, UM, BUT I THINK, I GUESS, UH, MY CONCERN IS THAT, UM, AND LIKE I SAID, I'M NOT OPPOSED TO EITHER WAY.

UH, I THINK THAT WHAT HE WAS SAYING ABOUT DOING, UH, UM, GARAGES, UH, IN A BASEMENT AREA IS THE IDEAL SITUATION THERE.

BUT IF HE'S GOING TO PUT IN, UM, IN THREE OTHER HOUSES AND DO IT THE SAME WAY, THE LAST ONE, THE DRIVEWAY IS SO STEEP, I DON'T EVEN THINK, UH, I DON'T EVEN THINK THE NORMAL,

[00:35:01]

THE THE AVERAGE PERSON MY AGE COULD PARK ON THAT AND OPEN THE DOOR ON A VEHICLE AND GET IN AND OUT.

IT'S THAT STEEP.

SO I, I JUST, I I'M JUST CAUTIONING THAT THERE'S MORE TO IT THAN JUST SAY YOU GOTTA DO OFF STREET PARKING.

UM, YOU GOTTA BE ABLE TO GET IN AND OUT OF A VEHICLE IF YOU'RE DOING OFF STREET PARKING AND IF YOU'RE DOING, UH, A DRIVEWAY THAT STEEP, THEN IT DOESN'T EVEN MEET CODE ANYWAY.

SO WOULDN'T, UM, DOESN'T, BUT WOULDN'T THAT BE THE, THE PURVIEW OF THE, UH, SITE PLAN REVIEW? BECAUSE WE CAN ONLY CORRECT.

YEAH.

'CAUSE WE CAN ONLY SAY YES, YOU DON'T HAVE TO HAVE REAR PARKING.

WELL, BUT THEN SITE PLAN IS SUPPOSED TO, THEY'RE THE ONES THAT HANDLE THAT CODE AS TO THE SLOPE OF THE DRIVEWAY, ET CETERA.

I, I GET EXACTLY WHAT YOU'RE SAYING.

IF YOU GUYS ARE DOING A VARIANCE AND THEN SAY THAT, THAT YOU'RE GIVING THAT VARIANCE AS LONG AS IT MEETS CODE, UM, THEN I ABSOLUTELY, IT'S NOT YOUR FAULT.

BUT IF YOU'RE NOT DOING THAT, YOU'RE GIVING A VARIANCE AND SAY IT HAS TO DO OFF STREET PARKING.

UM, IS IS THAT ALLOWING HIM TO PUT IT IN ANY WAY HE CAN GET IT IN? THAT'S MY POINT.

OKAY.

AND I THINK THE REASON THAT IT WAS BROUGHT UP IS BECAUSE WE DID APPROVE THE LAST ONE FOR HIM NOT TO DO OFF STREET PARKING.

AND, UH, THE, THE SLOPE IS EXTREME ON THE DRIVEWAY, WHICH SHOULD NEVER HAVE BEEN ALLOWED, BUT THAT'S NOT ON US.

IT JUST SHOULD HAVE NEVER BEEN ALLOWED TO BE THAT STEEP.

OKAY.

NORMALLY, AND MAYBE WE SHOULD, SO MAYBE WE SHOULD CHANGE HOW WE HANDLE THE, UM, MOTIONS.

NORMALLY IT'S THE IMPLICATION THAT IT'S IMPLIED THAT THE, IF WE GRANTED A VARIANCE, THAT THE VARIANCE WOULD THEN BE SUBJECT TO SITE PLAN AND SITE PLAN WOULD ENFORCE THAT.

SO MAYBE WE SHOULD MAKE IT CONTINGENCY OVERTLY OVERT IN THE, UM, YEAH.

APPLICATION.

IS THIS OVER? YEAH.

IS THAT WHAT THINGS? AND IT, AND IT MAY NOT JUST BE SITE PLAN APPROVAL.

THAT WOULD BE AT, AT BUILDING INSPECTION ALSO.

OKAY.

THE BUILDING INSPECTOR FOR JUST A SINGLE FAMILY HOME WOULD BE FOR A BUILDING PERMIT AND THE BUILDING INSPECTOR SHOULD VERIFY.

OKAY.

THAT IT, SO IT MIGHT NOT ALWAYS GO THROUGH SITE PLAN APPROVAL.

OKAY.

SO THEN IF WE STIPULATE IN THE, IN ANY MOTION, THEN THAT WOULD BE A HEADS UP.

OKAY.

THAT, THAT'S ALL I HAD.

BUT I GUESS AS I'M STANDING UP HERE, I GUESS I ACTUALLY AM IN FAVOR OF, UH, THE DEVELOPMENT ON THAT LOT BECAUSE WE'VE HAD IT OVER THE SEVERAL PAST YEARS THAT I'VE LIVED THERE.

WE'VE HAD ALL KINDS OF SKUNKS AND RODENTS COME IN OUR YARD AND THAT SHOULD HELP SOLVE THAT PROBLEM.

SO, OKAY.

TRUE .

THANK YOU.

ALL RIGHT.

THANK ANYBODY ELSE WISHING TO SPEAK IN FAVOR OF THE APPLICANT.

LET THE RECORD SHOW NOBODY COMING FORWARD.

ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT? OKAY.

AGAIN, NOBODY COMING FORWARD.

THE PUBLIC PORTION IS NOW CLOSED.

OKAY.

NOW, ANY QUESTIONS FOR THE APPLICANT? YEAH.

OKAY.

WE DID STAFF REPORT, RIGHT? YEAH, YOU READ IT? YEAH.

YEAH, I THOUGHT SO.

SHE QUESTIONED ME.

IT MADE ME THINK TWICE.

I'M LIKE, WAIT A MINUTE, DID I SKIP IT? ME TOO.

.

I'M LIKE, OKAY.

ALRIGHT.

ALRIGHT, SO NOW WE JUST NEED TO GO THROUGH THE POINTS.

AS LONG AS NOBODY HAS ANY FURTHER QUESTIONS BEFORE WE DO, NO.

OKAY.

ALL RIGHT.

IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.

AGREE.

AGREE.

AGREED.

AGREED.

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 AND SUBSTANTIAL JUSTICE DONE.

FREE.

AGREE.

OKAY.

NOW THAT WE'RE IN AGREEMENT, I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE PROJECT 2025 DASH 65 DASH B UH, PROPERTY LOCATED AT FIVE 15 AND FIVE 17 SOUTH SPRING STREET IDENTIFIED ON BERKELEY COUNTY TAX MAP 18 AS PARCEL 1 26 0.1 APPLICATION FOR VARIANCE, UH, TO ALLOW FOR FRONT PARKING SUBJECT TO THE CONDITION THAT THE, UM,

[00:40:01]

PARKING AND ALL ASPECTS OF THE CONSTRUCTION MEET CURRENT CODE.

PERFECT.

EVERYBODY UNDERSTAND THAT SECOND? I DO I SECOND IT? OKAY.

AND I GOT A SECOND.

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

AYE.

ALL OPPOSED.

MOTION CARRIES.

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

THANK YOU.

PROJECT NUMBER 2025 DASH 66 DASH V VARIANCE.

THE PROPERTY IS LOCATED AT 1 0 3 OLD MILL ROAD AND IDENTIFIED ON BERKELEY COUNTY TAX MAP FOUR A AS PARCEL FOUR.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH 3D 0.1 TO EXCEED THE FRONT SETBACK FOR OUTBUILDINGS.

DANIEL RINGER.

THAT IS ME.

OKAY.

STATE YOUR NAME AND ADDRESS FOR THE RECORD.

SORRY.

DANIEL RINGER.

1 0 3 OLD MILL ROAD IN THE CITY.

OKAY.

AND RAISE YOUR RIGHT OF HAND.

DO YOU SWEAR OR AFFIRM THE STATEMENT YOU'RE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH? I DO.

OKAY, THEN PLEASE TELL US WHAT IT IS YOU WANNA DO.

I WANT TO BUILD A, UH, STORAGE BUILDING, A DETACHED BUILDING IN MY BACKYARD, ESSENTIALLY, WHICH WILL COME OFF OF MY EXISTING PATIO.

UM, IT SHOULD BE A 24 BY 28 DIMENSIONAL BUILDING.

IT'LL MATCH THE, UH, SIDING ON MY EXISTING HOUSE.

AND, UM, I, I THINK I HAVE, UH, PLENTY OF ROOM BECAUSE, UH, THIS, THIS YARD IS AN ACRE AND WHEN THE CITY ROLLED OUT TO THE WEST END, THEY INCORPORATED OLD MILL ROAD AND, AND THE OTHER LOTS.

AND ON MY SIDE OF THE STREET, UH, MOST OF US HAVE VERY DEEP LOTS, UM, USUALLY, UH, AT LEAST AN ACRE, SO.

OKAY.

I SAID OKAY.

SORRY.

ANY QUESTIONS? NO, NO, NO.

OKAY.

OH, LET ME ALSO STATE THAT THIS IS NOT GOING TO BE ANY TYPE OF, UH, CAR GARAGE OR STORAGE CARS.

THIS IS A STORAGE BUILDING FOR FURNITURE, BICYCLES, YARD EQUIPMENT.

OKAY.

SO JUST A STANDARD STORAGE SHED? CORRECT.

YEAH.

AND WHAT'S THE ACTUAL REQUIREMENTS FOR FRONT SETBACKS ON OUT BUILDINGS? I CAN'T REMEMBER.

SO IT'S 10 PLUS THE FRONT SETBACK.

UM, SO HE'D HAVE TO BE 40 TO 60 FEET FROM THE FRONT.

OKAY.

NO MORE THAN 60 FEET FROM THE FRONT, WHICH WOULD BASICALLY PUT IT IN HIS FRONT YARD AND HE JUST CAN'T MEET THE SIDE SETBACKS ON EITHER SIDE, WHICH IS UNDERSTANDABLE, BUT YEAH, YOU WOULDN'T REALLY WANT IT IN THE FRONT YARD ANYWAYS.

YEAH.

SO, OKAY.

JUST WHAT WANTED, I COULDN'T REMEMBER SO I FIGURED I'D ASK THAT.

YEAH.

OKAY.

ANY QUESTIONS FOR THE APPLICANT? NO.

NO.

OKAY.

STAFF REPORT.

ALRIGHT, I THINK I GOT THE WRONG STAFF REPORT, BUT I'LL AH, UH, THE APPLICANT IS PROPOSING TO BUILD A 24 BY 28 OUTBUILDING, ROUGHLY 145 FEET FROM THE FRONT OF THE PROPERTY.

FRONT PROPERTY LINE.

UH, THIS IS AN ADJUSTMENT TO THE FRONT SETBACK.

THE FRONT SETBACK REQUIREMENT FOR OUTBUILDINGS IN THE SR ONE DISTRICT IS FIGURE THREE DASH 3D ONE 10 FEET PLUS FRONT SETBACK OF 30, MINIMUM 50 MAXIMUM.

SO ADDING 10 WOULD BE 40 AND 60.

THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE SETBACKS.

UH, THE VARIANCE IS ALSO A RESULT OF A SPECIAL CONDITION AND A HARDSHIP DUE TO THE EXISTING LOT.

UH, THE EXISTING HOUSE ALREADY BEING BUILT ON THE LOT.

OKAY.

THAT'S IT.

ANYTHING ELSE? MAYBE BETTER? YOU DONE? OH YEAH.

OH, OKAY.

MYSELF, SORRY.

YOU'RE GOOD.

ANY QUESTIONS FOR STAFF OR THE APPLICANT? NO.

NO? OKAY.

ALRIGHT, THEN WE GOTTA OPEN THE PUBLIC PORTION.

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

LET THE RECORD SHOW NOBODY COMING FORWARD.

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

AGAIN, NOBODY COMING FORWARD.

PUBLIC PORTION IS NOW CLOSED.

ALL RIGHT.

AGAIN, WE HAVE TO GO THROUGH THE FOUR POINTS TO MEET A VARIANCE.

IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.

AGREED, AGREED, AGREED.

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

AGREED.

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

AGREE.

AGREED.

OKAY.

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

AGREE.

AGREED.

OKAY, THEN I'LL ENTERTAIN A MOTION.

I'LL

[00:45:01]

MAKE A MOTION TO APPROVE THE VARIANCE REQUEST FOR 1 0 3 OLD MILL ROAD PROJECT 2 0 2 5 DASH SIX SIX DASH V TO EXCEED THE MAXIMUM FRONT SETBACK IN THE SR DASH ONE DISTRICT.

I'LL SECOND IT.

ALRIGHT, I GOT A 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.

THANK YOU ALL.

THANK YOU.

ALL RIGHT, NEXT IS PROJECT NUMBER 2025 DASH 67 DASH V VARIANCE.

THE PROPERTY IS LOCATED OFF OF NEW YORK AVENUE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 27 AS PARCEL 61.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.06 C ONE TO EXCEED THE MAX CANOPY HEIGHT, UNI WEST DEVELOPMENT.

MICHAEL COLLIER, DID I SAY IT RIGHT? THAT'S CORRECT, YES MA'AM.

OKAY.

IF YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

YEAH.

MICHAEL COLLIER, 81 91 STRAWBERRY LANE, BOLS CHURCH, VIRGINIA.

OKAY.

RAISE YOUR RIGHT HAND.

YES.

DO YOU SWEAR OR AFFIRM THE STATEMENT YOU'RE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH? I DO.

ALRIGHT.

PLEASE PROCEED.

THANK YOU.

SO, UM, THE PROPOSED DEVELOPMENT, UH, WALL.

WALL HAS, UM, UH, OVER THEIR PUMPS, THE CANOPY TYPICAL OF, UM, CONVENIENCE STORES.

AND AS ILLUSTRATED ON, UM, THE SCREEN, THE CANOPY SLOPES TOWARD THE FRONT OF THE PROPERTY 45 9 AND THE LOWER EDGE, UM, OF THAT, UM, CANOPY, UH, THE OTHER THREE EDGES OF THE CANOPY, UM, ARE WITHIN THE 12 INCH, UM, REQUIREMENT.

THE LOWER PART, UM, IS UM, EXCEEDS THAT SLIGHTLY TO HOUSE, UH, A GUTTER INTERNAL, UM, GUTTER SO IT'S NOT EXPOSED, UM, AT THE BOTTOM OF THE CANOPY, THE FRONT EDGE.

AND, UM, SO THAT EDGE BY, JUST BY NATURE OF THE DESIGN, EXCEEDS THE 12 INCHES.

AND MY UNDERSTANDING IS THE 12 INCHES IS, UH, IN THE SIGNAGE SIGN ORDINANCE AND IN THIS CASE, UM, THERE WILL BE NO SIGNAGE ON ANY OF THE FACES, UH, OF THE EDGE OF THE CANOPY.

UM, SO, UM, IT'S REALLY TO HOUSE THAT, UH, LOWER PART, THE INTERNAL GUTTER, UM, THAT REQUIRES THAT PARTICULAR EDGE TO EXCEED 12 INCHES.

OKAY.

ANY QUESTIONS? NO, NO STAFF.

ALRIGHT.

THE APPLICANT IS PLANNING TO CONSTRUCT A WAWA CONVENIENCE STORE WITH GAS PUMPS LOCATED OFF NEW YORK AVENUE.

UH, THE PROPERTY IS IN THE MIXED USE COMMERCIAL DISTRICT, MU C3.

UH, THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.06 TO ALLOW THE CANOPY TO EXCEED 12 INCHES MAXIMUM, WHICH IS REQUIRED.

UH, NOTABLE INFORMATION, THIS PROJECT HAS COME BEFORE THE BOARD BEFORE AND A MEETING GRANTING THE SPECIAL EXCEPTION TO ALLOW A CONVENIENCE STORE WITH GAS STATION.

UH, THE PROJECT WAS ALSO GRANTED, UH, THREE DIFFERENT VARIANCES TO ALLOW FRONT SETBACK TO BE GREATER THAN 16 AND TO ALLOW ZERO FRONTAGE BUILD OUT AS WELL AS PARKING IN THE FIRST AND SECOND LAYER.

THE PROJECT HAS GONE BEFORE THE PLANNING COMMISSION ON JULY 2ND, UH, 2025, MEANING FOR SITE PLAN APPROVAL, IT WAS APPROVED CONTINGENT ON THE VARIANCE BEING GRANTED OF THE CANOPY HEIGHT.

UH, THE VARI, THE VALANCE OR APRON FOR A CANOPY SHALL IN NO CASE EXCEED 12 INCHES IN HEIGHT.

UM, THE USE OF THE WORD SHALL IN THE ZONING ORDINANCES OF MANDATORY AND DIRECTED WORD OFFERS LITTLE ROOM FOR MISINTERPRETATION.

BUT UNDER THE CURRENT CONTEXT OF A GAS DISPENSE WITH A FUEL, FUEL CANOPY OF THIS PARTICULAR, IT'S THIS PARTICULAR USE, IT'S NOT DEFINED CLEARLY FAR AS THE GAS PUMP, YOU KNOW, CANOPY BEING DIFFERENT.

UM, THE PLANNING DEPARTMENT HAS BROUGHT THIS VARIANCE REQUEST BEFORE THE BOARD TO INTERPRET THE APPROPRIATENESS OF THE REQUEST.

UH, OKAY.

SO JUST SO I UNDERSTAND WHAT YOU SAID, THE CODE PRETTY MUCH SAYS SHALL, MEANING IT HAS TO BE 12 INCHES, THERE'S NO ROOM FOR INTERPRETATION, HOWEVER, THE CODE DOESN'T SPECIFY ANYTHING FOR GAS PUMPS.

NO, THIS IN PARTICULAR, IN MY MY MIND, IT'S MORE OR LESS DEALING WITH LIKE DOWNTOWN MM-HMM .

THE CANOPY HEIGHTS IN THAT, BUT IT'S STILL IS SO PLANNING AND DEPARTMENT WANTS US TO MAKE A DECISION YES.

ON WHETHER , BUT THERE IS THAT THE SENTENCE THAT SAYS RIGHT AFTER.

OKAY.

YOU'RE, YOU'RE, I MEAN IT DOES BASICALLY EVERYTHING IN REFERENCE ON THE CANOPY IS CANOPY SIGNS AND IT

[00:50:01]

SAYS UNDERNEATH THE, THAT SHALL NOT BE MORE THAN 12 INCHES IN HEIGHT.

THIS PROVISION SHALL APPLY ONLY TO VALES TO WHICH SIGNED COPY IS AFFIXED.

AND THERE IS, TO MY MIND, THERE IS, I MEAN THERE IS NO SIGNED COPY AFFIXED TO THIS.

SO THIS, SO THIS CANOPY IS NOT, I WOULD NOT CONSIDER THE, THIS ASSIGNED CANOPY AGREE AND ALL OF THESE AND THE MM-HMM.

CORRECT THAT.

OKAY.

SO IF IT SAYS THAT, THEN THAT SOUNDS LIKE THIS ONE DOESN'T PERTAIN TO RIGHT, THE 12 INCH REQUIREMENT? YEAH.

OKAY.

BECAUSE IT'S NOT, AT LEAST THAT'S HOW WE'RE INTERPRETED IT AND THEY WANT US TO MAKE A DECISION.

SO NO, NO, TRUE.

NO, BUT I KNOW WE HAD TO SHEETS HERE THAT HAD THE SAME RIGHT REQUEST.

THEY DID.

AND IT WAS BASICALLY THE SAME ISSUE EXCEPT SHEETS HAD ALREADY HAD AN EXISTING NON-CONFORMING.

THIS WOULD BE BRAND NEW, BUT YEAH, IT'S, WELL, I THINK WE HAD THE SAME ISSUE TO FARMS ALSO.

WE DID COUPLE, COUPLE YEARS AGO.

THAT'S RIGHT.

YEAH.

ALL OF THAT UNDER NEW ZONING.

YES.

IF, IF I MAY.

AND THEY ALL HAD TO COMPLY TO THE 12 INCHES MM-HMM .

AND THEY ALL CAME IN FRONT OF US.

MM-HMM .

THE PLANNING SENT 'EM TO US AGAIN.

, WHY DO I NOT REMEMBER THAT? I DO, I MEAN I REMEMBER SHEETS AND ROYAL FARMS COMING HERE, BUT I DON'T REMEMBER PLANNING SENDING THEM TO, FOR US TO MAKE A DETERMINATION.

WELL, THEY HAD SIGNS, THEY HAD UM, THEY HAVE SIGNS ON 'EM, DON'T THEY? THEY, DID THEIR CANOPIES ALL HAVE SIGNS ON 'EM, RIGHT? RURAL FARM STARS? NO, I MEAN, WHEN THEY CAME DIDN'T THEY HAVE SIGNS? YEAH.

YES THEY DID.

BECAUSE THEY ALSO ASKED FOR AN ADJUSTMENT ON THE SIGNS AS WELL.

AND ROYAL FARMS HAS THE SIGN ON THEIRS, DON'T THEY? RIGHT.

AND THIS ONE, BUT THIS ONE HAS NO SIGN.

I DON'T THINK I WAS, YEAH, THIS ONE HAS NO SIGNS.

SO THIS ONE, YEAH, HE WASN'T THERE.

OH, YOU WEREN'T HERE FOR ROYAL FARMS? OH, THAT ONE.

I DUNNO.

WELL, I'M TRYING, I'M THINKING ABOUT LOOKING AT IT IF IT HAS A SIGN ON, BUT SIGN.

SO THIS ONE HE SPECIFICALLY STATED IT WOULDN'T HAVE A SIGN ON IT.

IS THAT CORRECT? THAT'S CORRECT.

SO IT, IT WON'T STATE WAWA ON THE GAS THAT PUMPS AT ALL.

IT'LL JUST BE GAS PUMPS THAT ARE NEXT TO WAWAS TO BE ASSUMED AS THEIR WAWA PUMPS.

YEAH.

THE, THE AS ILLUSTRATED, THE EDGES AROUND THE CANOPY WILL HAVE NO SIGNS.

YEAH.

AND I, AND I THINK THAT, THAT PROBABLY THAT ORDINANCE IS TO PREVENT SOMETHING JUST LIKE ROYAL FARM ON THE CANOPY WHERE THEY HAVE A TALL FACADE.

MAYBE THEIR EDGE IS 36 INCHES AND THEY HAVE .

YEAH.

ABOUT TO SAY, ISN'T THERE A SPECIFIC REQUIREMENT FOR THE SIGN HEIGHT ON THAT, WHICH IS PROBABLY WHY IT'S, DOESN'T WANT IT TO EXCEED 12 INCHES SO THAT THE SIGN CAN EXCEED.

YEAH.

AND HE'S NOT PUTTING THE SIGN UP.

THERE WILL BE NO SIGNS ON THE EDGE OF THE CANOPY.

OKAY.

OKAY.

WERE YOU DONE WITH YOUR STAFF REPORT? BECAUSE WE INTERRUPTED YOU AND STARTED ASKING QUESTIONS.

OKAY.

, ANY MORE QUESTIONS FOR STAFF OR THE APPLICANT? NO.

NO.

NO.

OKAY.

PUBLIC PORTION IS NOW OPEN.

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.

PUBLIC PORTION IS NOW CLOSED.

OKAY.

SO WE AGAIN, HAVE TO GO THROUGH THE VARIANCE REQUIREMENTS AND TO MAKE SURE WE'RE ALL ON THE SAME PAGE.

THIS IS JUST TO DETERMINE IF HE CAN EXCEED THE 12 INCH ALLOWABLE.

RIGHT.

EVERYBODY AGREE ON THAT? YES.

OKAY.

OKAY.

IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.

AGREED.

AGREED.

OKAY.

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

AGREED.

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

AGREED.

AGREED.

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

DONE.

AGREED.

OKAY.

WE'RE ALL IN AGREEMENT.

I'LL ENTERTAIN A MOTION.

DO YOU WANT THE MOTION TO SPECIFY THAT THE, THE STAFF, THE, THAT THE BOARD INTERPRETS THAT YOU CAN YEAH, I SPECIFIC, I DIDN'T KNOW IF THAT'S WHAT YOU SPECIFICALLY WANTED US TO PUT IN THE MORE OR LESS, I, I WOULD LOOK AT IT AS YOU CAN GRANT IT AS A NORMAL VARIANCE.

OKAY.

GOT IT.

EXCEED THE TOILET.

I, I WOULD MAKE NOTE, BUT I WOULD YEAH.

PUT A NOTE THAT, THAT WE WILL ALLOW IT DUE TO THE FACT THAT THERE WON BE SIGN, NO SIGN ON SIGN.

AND I WOULD ALSO MAKE NOTE OF THE FACT THAT THE REQUEST WAS TO EXCEED 12 BUT NOT TO EXCEED 20.

YES.

OKAY.

WITH THE UNDERSTANDING THAT NO SIGN WILL BE PLACED ON IT.

OKAY.

ANYBODY

[00:55:01]

WANNA MAKE THAT MOTION? OKAY.

I'LL MAKE MAKE THE MOTION.

BRENDA BRENDA'S GOOD AT MAKING MOTIONS TO APPROVE THE, THE, UH, VARIANCE FOR PROJECT 2025 DASH 67 DASH V PROPERTY LOCATED OFF NEW YORK AVENUE IDENTIFIED ON BERKELEY COUNTY TAX MAP.

27 IS PARCEL 61.

UM, VA UH, VARIANCE REQUEST TO MARTINSBURG ZONING ORDINANCE SECTION 6.06 C ONE TO EXCEED THE MAXIMUM CANOPY HEIGHT, UH, WITH THE, UM, PROVISION THAT THERE IS NO SIGNAGE ON THE, UM, CANOPY AS INDICATED IN, UH, IN THE ZONING CODE.

THAT PROVISION WOULD NOT APPLY TO THE, UH, VALENCE BEING 12 INCHES, NOT EXCEEDING 12 INCHES IF THERE IS NO SIGNED COPY ATTACHED.

AND ALSO GETTING A LITTLE CONVOLUTED AND ALSO WITH THE PROVISION THAT THE, UM, AS STATED IN THE APPLICATION THAT THE, UH, VALENCE DOES NOT EXCEED 20 INCHES IN HEIGHT.

EVERYBODY UNDERSTAND THAT? OKAY, THEN I'LL ENTERTAIN THEM SECOND, I'LL SECOND MOTION IN A SECOND.

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

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES.

THANK YOU.

THANK YOU.

OKAY, MOVING ON.

PROJECT NUMBER 2025 DASH 68 DASH V VARIANCE.

THE PROPERTY IS LOCATED AT 3 0 7 GREENBRIER ROAD AND IDENTIFIED ON BERKELEY COUNTY TAX MAP ONE AS PARCEL 59.

THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH 3D ONE TO EXCEED THE FRONT SET BACK FOR OUTBUILDINGS.

AND IT'S BRADLEY H HO, H HT.

SORRY.

YES.

MY NAME IS, MY NAME'S RANDY HOUT.

OKAY.

THIS IS MY BROTHER BRADLEY.

HE HAS ASKED ME TO ASSIST HIM WITH THIS PROJECT BECAUSE HE SUFFERS FROM MS. OKAY.

SO YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN I'LL NEED HIS NAME AND ADDRESS AND THEN I SWEAR YOU BOTH IN AT THE SAME TIME.

OKAY.

RANDY HAL, FOUR 11 PRINCETON STREET, MARTINSBURG, BRADLEY, HAL, 3 0 7 GREENBRIER ROAD.

MARTINSBURG.

OKAY.

RAISE YOUR RIGHT HAND.

DO YOU, DO YOU BOTH SWEAR OR AFFIRM THE STATEMENT YOU'RE ABOUT TO GIVE IS THE TRUTH AND NOTHING BUT THE TRUTH? I DO, YES.

OKAY, THEN WHOEVER WANTS TO SPEAK CAN SPEAK.

YOU'RE BOTH SWORE IN.

SO WE'RE GOOD.

UH, THIS IS ALMOST IDENTICAL TO MR. RIKER'S REQUEST EARLIER.

UH, REQUIRING THE SETBACK FOR A STORAGE BUILDING.

UH, HE LIVES IN MEADOWBROOK.

THE HOUSES THERE SIT VERY CLOSE TO THE STREET AND THE 40 FOOT MINIMUM, 60 FOOT MAXIMUM SETBACK WOULD PUT HIS STORAGE BUILDING RIGHT NEXT TO HIS HOUSE AND WOULD NOT ALLOW HIM TO, UH, MEET THE STANDARD AS FAR AS BEING 10 FEET AWAY FROM THE PROPERTY NEXT DOOR.

SO HE'S REQUESTING THAT THE STORAGE BUILDING BE PUT BACK ABOUT 115 FEET AND WOULD BE AT THE END OF HIS DRIVEWAY THAT GOES BEHIND HIS HOUSE.

WHAT SIZE IS IT AGAIN? THE STORAGE? 14 BY 24.

OKAY.

SEE DRIVEWAY ON THE SIDE RIGHT THERE AND THEN WOULD BE.

GOTCHA.

ALL RIGHT.

WHAT ABOUT LOT COVERAGE? DOES HE STILL MEET THE REQUIREMENT FOR LOT COVERAGE? YES.

OKAY.

OKAY.

ANYTHING ELSE? UH, NO MA'AM, UNLESS YOU HAVE SOME QUESTIONS, HUH? OKAY.

ANY QUESTIONS? NO.

NO QUESTION.

OKAY.

STAFF REPORT, TURN OFF THE RIGHT ONES.

THE APPLICANT IS PROPOSING TO INSTALL A 14 BY 24 OUTBUILDING, ROUGHLY 115 FEET FROM THE FRONT PROPERTY LINE.

THIS IS AN ADJUSTMENT TO THE FRONT PROPERTY SETBACK REQUIREMENTS.

UH, THE FRONT SETBACK REQUIREMENTS FOR OUTBUILDINGS IN THE SR ONE DISTRICT IS 10 FEET PLUS THE 30 MINIMUM 50 MAXIMUM.

SO 40, 60.

UH, THE VARIANCE IS A RESULT OF A SPECIAL CONDITION AND A HARDSHIP DUE TO THE EXISTING HOUSE BEING ALREADY BUILT ON THE LOT.

AND THE LOCATION OF THE EXISTING HOUSE WOULD MAKE IT DIFFICULT TO MEET THE REQUIREMENTS, UH, OF THE ORDINANCE.

THE APPLICANT WILL STILL HAVE TO MAINTAIN THE REST OF THE PRINT, UH, THE REST OF THE OUTBUILDING SETBACKS.

[01:00:02]

QUESTIONS FOR STAFF? NO.

APPLICANT QUESTIONS? NO.

NO.

WE'LL MOVE ON A 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.

WITH NO QUESTIONS.

WE NEED TO GO THROUGH THE FOUR POINTS OF THE VARIANCE AGAIN.

OKAY.

IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE, OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENCE.

AGREED.

AGREED.

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

AGREED.

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

AGREED.

AGREED.

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

DONE.

AGREED.

AGREED.

OKAY.

WE'RE IN AGREEMENT OF ALL POINTS AND I WILL ENTERTAIN A MOTION.

I MAKE A MOTION TO PROVE THE VARIANCE REQUEST FOR 3 0 7 GREENBRIER ROAD PROJECT 2025 DASH 68 DASH V TO EXCEED THE MAX FRONT SETBACK IN THE SR ONE DISTRICT.

I'LL SECOND IT.

EVERYBODY'S FIGHTING OVER DOING THE EASY ONES, .

OKAY.

UM, I HAVE A MOTION.

AND SECOND.

ANY FURTHER DISCUSSION? YES.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

AYE.

ALL OPPOSED, MOTION CARRIES.

YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS, BUT YOU COULD TALK TO THEM IMMEDIATELY ABOUT ANY PERMITTING YOU NEED, OKAY? OKAY.

THANK YOU VERY MUCH.

THANK YOU.

ALL RIGHT.

PROJECT NUMBER 2025 DASH 69 DASH SE.

SPECIAL EXCEPTION.

THE PROPERTY IS LOCATED AT 1 1 1 NORTH HIGH STREET IN IDENTIFIED ON BERKELEY COUNTY TAX MAP 15 AS PARCEL 1 36.

THE APPLICANT IS REQUESTING, REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE.

ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR, SORRY, HAD TURN PAGE TOWNHOUSE DWELLING IN URBAN RESIDENTIAL FPS BUSINESS VENTURES, GREGORY DRABNESS, DRABNESS.

THERE'S NOBODY HERE.

SO, UH, ARE WE GONNA TABLE THIS TILL NEXT MONTH? I, SINCE THERE'S NOBODY HERE REPRESENTING HIM.

YEP.

I GUESS NOT.

WE LEFT A MESSAGE.

YEAH.

CAN I HAVE A MOTION TO TABLE IT TILL NEXT MONTH? MOTION TO TABLE.

HAVE A MOTION TO HAVE A SECOND.

I'LL SECOND.

MOTION TO SECOND.

EVERYBODY.

ALL ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY.

IT HAS BEEN TABLED TWO NEXT MONTH AND NO DISCUSSION.

DISCUSSION OR ACTION ITEMS? NO OTHER BUSINESS.

I'LL ENTERTAIN A MOTION TO ADJOURN.

SAVE THIS UNTIL NEXT MONTH.

WHAT? SAVE THIS UNTIL NEXT MONTH.

THE LAST ONE? YEAH.

I'LL HE'LL SEND IT BACK OUT.

I'LL SEND A NEW ONE.

I'LL MAKE A MOTION TO ADJOURN.

DO I HAVE A SECOND? I'LL SECOND THAT IN MOTION IN A SECOND.

ALL IN FAVOR? A SECOND.

ALL OPPOSED, WE'RE ADJOURNED.

THINK YOU'RE THE ONLY ONE THAT.