* 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. OKAY. [00:00:02] ALL RIGHT. [1. CALL TO ORDER] WE'LL CALL THE MEETING TO ORDER. CAN I GET A ROLL CALL, PLEASE? MARY DOYE? PRESENT. JAMIE LOPEZ. HERE. BRENDA CASABONA. SHERRY PASSARD? HERE. MONIQUE BOOTS. ANDREA LANSDOWN. HERE. CHRISTINA BRINER? HERE. ER. HERE. KEN. SARAH HERE. OKAY, MOVING [3. APPROVAL OF MEETING MINUTES] ON. APPROVAL OF THE MEETING MINUTES FOR OCTOBER 7TH, 2025. EVERYBODY SHOULD HAVE HAD THAT IN THE READ AHEAD. UM, IF THERE'S NO QUESTIONS, I'LL ENTERTAIN A MOTION. I MOVE THAT WE ACCEPT THE MOTIONS FROM THE PREVIOUS MEETING ON DECEMBER. I MOVE OCTOBER, OCTOBER 7TH. I SECOND. I SECOND IT. OKAY. I HAVE A MOTION. AND SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED. MOTION CARRIES. THERE'S NO UNFINISHED BUSINESS. WE'LL [5. NEW BUSINESS/PUBLIC HEARINGS] MOVE ON TO NEW BUSINESS. PROJECT NUMBER 20 25 99 V. THE PROPERTY IS LOCATED OFF UNION AVENUE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 11 AS PARCEL 2 59. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04, FIGURE THREE DASH ONE F1 TO ALLOW FOR FRONT PARKING. AND UR TWO. TREVOR LLOYD IS THE APPELLATE. IF YOU COULD PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. HI, TREVOR LLOYD. UH, 5 7 4 KILLARNEY DRIVE, MORGANTOWN, WEST VIRGINIA. OKAY. 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? I DO. OKAY. IF YOU CAN GIVE US THIS SYNOPSIS OF WHAT IT IS YOU'RE TRYING TO DO. YES. UH, THIS VARIANCE REQUEST IS FUNDAMENTALLY ABOUT PRESERVING THE CONTINUITY AND CHARACTER OF AN ESTABLISHED NEIGHBORHOOD. UH, IT'S NOT ABOUT WHETHER IT'S EASIER OR MORE ECONOMICAL FOR THE DEVELOPER. UM, YOU KNOW, WHEN THOSE HOMEOWNERS ON CENTRAL AND UNION AVENUE, UH, PURCHASED THEIR PROPERTIES, THEY DID SO WITH THE REASONABLE EXPECTATIONS THAT THEIR BACKYARDS WOULD REMAIN BACKYARDS AND BE BACKED UP TO GREEN SPACE. ALL RIGHT. OUR GOAL IS TO MAINTAIN THAT ORIGINAL NEIGHBORHOOD PATTERN. BACKYARDS FACING BACKYARDS IS THE TRADITIONAL, AND IT'S IN THE INTENDED ARRANGEMENT. IN THIS CASE, IT SUPPORTS PRIVACY, QUIET ENJOYMENT, AND RESIDENTIAL CHARACTER THAT BROUGHT PEOPLE TO THE, TO THOSE, TO THAT AREA IN THE FIRST PLACE. YOU KNOW, I, I, I SPEAK WITH A LITTLE BIT OF PASSION ABOUT THIS BECAUSE I MYSELF, IN MY OWN HOME IN MORGANTOWN, I'M GOING THROUGH A VERY, VERY SIMILAR SITUATION. THE, UH, DEVELOPER PURCHASED A PROPERTY BEHIND MY HOUSE. HE DIVIDED IT INTO FOUR LOTS. AND I CAN TELL YOU RIGHT NOW THAT AS A, AS A RESIDENT, MY, I REASONABLY HOPE TO AVOID HEADLIGHTS SHINING INTO MY BEDROOM LATE AT NIGHT. I, UH, I WANT TO AVOID, UH, NOISE FROM VEHICLES PASSING CLOSE TO MY OUTDOOR LIVING SPACE AND THE VISUAL IMPACT OF DRIVEWAYS AND PARKED CARS AND ROADS, UM, REPLACING THE GREEN SPACE THAT IS THERE. NOW, YOU KNOW, IN THE, IN THE SUMMER, MY WIFE AND I SIT OUT ON OUR BACK PORCH JUST 40 FEET FROM THE REAR PROPERTY LINE. THAT AREA IS FOR CONVERSATION, RELAXATION AND FA FAMILY TIME, ESSENTIALLY. UH, IT'S NOT FOR TRAFFIC NOISE AND CAR LIGHTS THAT, THAT'S WHAT THE STREET IN FRONT OF THE HOUSE IS FOR. IT'S, THAT'S WHAT THAT'S FOR. THE BACKYARD IS, YOU KNOW, UH, MORE, UH, FAMILY SPACE. SO WHAT WE'RE ASKING FOR HERE IS A DESIGN THAT REPRESENTS HOW THIS NEIGHBORHOOD HAS ALWAYS FUNCTIONED. BACKYARDS ALIGNED WITH BACKYARDS, YOU KNOW, AND THESE, IN THESE BACKYARDS, YOU KNOW, YOU HAVE CHILDREN PLAYING, PEOPLE GRILLING OUT. YOU HAVE, UM, YOU HAVE LAWNMOWERS RUNNING THESE, THESE ARE NORMAL EXPECTED SOUNDS AND SIGHT OF A BACKYARD. A A ROADWAY IS, IS NOT EXPECTED. AND PERSONALLY, I BELIEVE THIS IS EXACTLY WHAT THE AUTHORS OF THE UR TWO ZONING ORDINANCE AND VISIONED WHEN THEY INCLUDED THE CLAUSE FOR THE FLEXIBILITY FOR LARGER FRONT SETBACKS IN THE ABSENCE OF AN EXISTING ALLEY, THAT PROVISION RECOGNIZES THAT FORCING ALLEY STYLE ACCESS WHERE IT DOES NOT ALREADY EXIST CAN BE MORE DISRUPTIVE THAN BENEFICIAL. RIGHT? IF, IF A FUNCTIONAL ALLEY WERE ALREADY IN PLACE THERE, THEN WE, I WOULDN'T BE HERE, WE WOULDN'T BE HAVING THIS CONVERSATION. WE WOULD JUST USE IT AND THAT WOULD BE THE END OF IT. UM, BUT INSTALLING A NEW ALLEY, INSTALLING A NEW ROAD WHERE ONE NEVER EXISTED AND ISN'T EVEN NECESSARY, UNDERMINES THE VERY NEIGHBORHOOD CONTINUITY THAT I THINK YOUR ZONING QUOTE, YOUR ORDINANCES SEEK TO PROTECT. I THINK THIS VERY VARIANCE IS NOT AN EXCEPTION TO THE SPIRIT OR THE INTENT OF THE ORDINANCE. I THINK IT'S AN APPLICATION OF IT. THANK YOU. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? NO. NO. OKAY. WE'LL MOVE ON TO STAFF REPORT. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE FIGURE THREE DASH ONE UR TWO F1 TO ALLOW PARKING IN THE FRONT. THE PLAN IS FOR A NEW SUBDIVISION [00:05:01] WITH AN ENTRANCE OFF OF UNION AVENUE. THIS PLAN INCLUDES 27 SINGLE FAMILY HOMES. THIS LOT DOES NOT CURRENTLY HAVE ALLEY ACCESS FOR REAR PARKING ENTRANCES. PARKING REQUIREMENTS FOR SINGLE FAMILY HOMES BY ORDINANCE IS 2.0 SPACES PER UNIT. ANY QUESTIONS FOR STAFF? NO QUESTIONS? NO. OKAY. 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. ALL RIGHT. IN ORDER TO GRANT, IN ORDER TO GRANT THE VARIANCE, WE DO HAVE TO GO THROUGH THE POINTS THAT ARE NEEDED TO GRANT A VARIANCE IF I CAN FIND THEM. HOLD ON. THERE THEY ARE. OKAY. ANY QUESTIONS BEFORE WE GO THROUGH THIS? NO MA'AM. NOPE. NO. OKAY. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OF 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. AGREED. AGREED. AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. AGREED. OKAY. UM, WITH ALL OF THAT SAID, I WILL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED FOR THE UNION AVENUE SUBDIVISION PROJECT, 2 0 2 5 DASH 99 V TO ALLOW PARKING IN THE FRONT OF THE PROPOSED SINGLE FAMILY HOMES SO LONG AS THE APPLICANT ADHERES TO THE STIPULATION SET FORTH BY THE BOARD. UM, AND IT, IT SAYS TO NAME PARTS, WE NEED TO NAME THE PARTS OF THE, UH, MOTION HERE, OR CAN I JUST PROPOSE IT AS IT'S, YOU MEAN THE, THE, THE VARIANCE OF WHICH SECTION? THIS IS NAMED STIPULATIONS AS PART OF THE MOTION. WELL, IS THERE STIPULATION? THAT'S IF THERE IS ANY STIPULATIONS. IF THERE IS, AND THERE IS NONE. RIGHT? RIGHT. THERE IS NONE. SO THAT'S MY PROPOSAL. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I SECOND. I'LL SECOND. OKAY. I HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? OKAY. UM, ALL, EVERYONE SIGNIFY YES BY SAYING AYE. AYE. AYE. EVERYBODY OPPOSED? MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. OKAY. MOVING ON TO PROJECT NUMBER 2025 DASH ZERO ZERO V VARIANCE. THE PROPERTY IS LOCATED AT 2 0 1 NORTH QUEEN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 10 AS PARCEL 4 1 6. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 6.05, TABLE 6.01 TO ALLOW FOR MORE THAN ONE SIGN PER BUILDING WALL MAMBA COLLECTIBLES. JOHN, I'M NOT GONNA BUTCHER YOUR LAST NAME. ELLO. ELLO. OKAY. CAN YOU, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD? UH, JOHN ELLO, 2 0 3 EAST MARTIN STREET, MARTINSBURG, WEST VIRGINIA. 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, SIR. OKAY. IF YOU CAN GIVE US A SYNOPSIS OF WHAT IT IS THAT YOU'RE ASKING FOR. OKAY. IF, UH, WE TURN TO PAGE 17 OF THE AGENDA, UH, WE'RE JUST TRYING TO SEGMENT OUR SIGNS TO FIT THE UNIQUE, UH, CURVATURE OF THE BUILDING AND NOT MAKE THEM LOOK OBNOXIOUS. IF YOU LOOK TO OUR OLD SPACE OVER, I GUESS HERE, IT'S THE SAME AS ZACH SIGN AS IS ON EAST MARTIN STREET. IT'S JUST SEGMENTED TO FIT THE CURVATURE OF THE BUILDING AND THE IN DEPTH. SO IT WAS THE ONLY WAY TO MAKE IT EYE APPEALING AND LOOK GOOD FOR THE CITY. AND IN DOING SO, THAT COUNTED AS MULTIPLE SIGNS PER SIDE OF BUILDING. OKAY. ANY QUESTIONS? NO, NO QUESTIONS. NO. SHERRY? MM-HMM. NO. SANDRA? NO. OH, OKAY. ALRIGHT, THEN WE WILL MOVE ON TO STAFF. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 6.01 DT WALL SIGN TO ALLOW FOR MORE THAN ONE SIGN PER BUILDING WALL. THE BUSINESS IS LOCATED [00:10:01] ON THE CORNER OF NORTH QUEEN STREET AND EAST MARTIN STREET IN THE OLD 1902 BUILDING ON THE SECOND FLOOR, SECTION 6.06 B TWO OF THE ZONING ORDINANCE STATES THAT AN ADDITIONAL WALL SIGN IS PERMITTED ON CORNER LOTS, BUT THE SECONDARY WALL SIGN MAY NOT BE PLACED ON THE SAME BUILDING WALL AS THE PRIMARY SIGN. THE APPLICANT IS REQUESTING TWO SIGNS ON THE QUEEN STREET SIDE AND FOUR SIGNS ON THE MARTIN STREET SIDE. THE SIGNS PASSED HPRC ON OCTOBER THE SIXTH, 2025, AND THE SIGNS HAVE ALREADY BEEN INSTALLED. OKAY. ANY QUESTIONS FOR STAFF? THEY ALREADY INSTALLED THEM. WHAT ARE WE DOING? THEY'RE NOT SUPPOSED TO. THEY WERE ILLEGALLY INSTALLED. THEY WERE? YEAH. OH, OKAY. , WE, WE COULD FARM TO BE TAKEN DOWN. OH, GOTCHA. THANK YOU. OKAY. UM, NO QUESTIONS. ALL RIGHT. 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. IF YOU STATE YOUR NAME AND ADDRESS, PLEASE FOR THE RECORD. SURE. GOOD EVENING. I'M BARBARA BERTINA AND I LIVE AT ONE 16 NORTH TENNESSEE AVENUE. MY HUSBAND BUILT CALDWELL AND I AND LA ROBERTS JEWELERS IN HISTORIC DOWNTOWN MARTINSBURG AT 1 46 NORTH QUEEN STREET. THE 1902 BUILDING IS IN THE HISTORIC PRESERVATION OVERLAY DISTRICT. THE STAFF ANALYSIS ON THE VARIANCE REPORT REFERENCES TABLE 6.01 AND 6.06 B TWO ABOUT ADDITIONAL WALL SIGNS ON CORNER LOTS. BUT THE STAFF DID NOT REFERENCE 6.06 B SIX, WHICH SAYS WALL SIGNS ON HISTORIC BUILDINGS, WHICH STATES WALL SIGNS ON HISTORIC BUILDINGS SHALL BE PLACED WITHIN THE SIGN FREEZE, OR DISTINCT PLACE WITHIN SUCH, WITH, IN WHICH A WALL SIGN WAS INTENDED TO BE LOCATED. IF THE BUILDING WAS DESIGNED FOR SUCH, NO WALL SIGN SHALL EXTEND BEYOND EACH SPACE. IF THERE IS NO SIGN FREEZE, THE WALL SIGN SHALL BE PASTE BELOW THE TYPICAL SECOND FLOOR WINDOW AREA. THE DESIGN AND COLORATION OF SUCH SIGN SHALL BE COMPATIBLE WITH THE CHARACTER OF THE BUILDING. THERE IS NO VARIANCE REQUESTED FOR THIS PART OF THE ZONING. THE SIGN ON THE 1902 BUILDING FREEZE IS BELOW THE THIRD STORY WINDOWS. SO IF YOU PUT THAT PICTURE BACK UP THERE WHERE YOU SEE 1902 IN BEIGE AND IN GREEN, THAT IS YOUR SIGN FREEZE. AND BELOW EACH AND EVERY WINDOW ON THAT THIRD STORY IS AN INSET FOR WHICH A SIGN COULD GO THE AREA ON THE ROUND A QUARTER. THAT'S YOUR SIGN FREEZE RIGHT THERE. AND THE APPLICANT, ALONG WITH HAVING TOO MANY SIGNS, HAS COMPLETELY COVERED OVER THE SIGN FREEZE WITH THE LARGE SIGNS. THESE ARE HISTORIC ARCHITECTURAL DESIGNS WHICH GIVE CHARACTER TO THIS HISTOR HISTORIC BUILDING. COVERING OVER TOP OF THE AREA IS NOT ONLY IN VIOLATION OF THE ZONING ORDINANCE, BUT OBSTRUCTS THE INTRICATE BRICKWORK AESTHETICS OF THIS HISTORIC BUILDING. THE SIGNS WERE PUT UP WITHOUT BZA PERMISSION AND, YOU KNOW, ASKED FOR PERMISSION, THEN ASKED FOR, YOU KNOW, DO IT WITHOUT ASKING PERMISSION AND ASK FOR FORGIVENESS IS KIND OF WHAT PEOPLE OFTEN DO. AND I REALIZED THE APPLICANT WOULD LIKE LARGE SIGNS. AND UNDER THE THIRD STORY, WINDOWS IS NOT VERY LARGE. THERE IS ALSO, IT STATES IN THE ZONING THAT THE WINDOWS UNDER THE SECOND STORY AND ABOVE THE DOOR. UH, THE FIRST STORY UNDER THE SECOND STORY WOULD BE THE TYPICAL PLACE. BUT AGAIN, THERE'S NOT ENOUGH ROOM UNDER THE SECOND STORY WINDOWS, BUT THERE'S TWO SECTIONS OF WINDOWS THERE. YOU HAVE THE WINDOWS UNDER THE SECOND STORY AND THE DOOR'S FIRST STORY SECTION, THAT'S GLASS, THAT'S WHERE A SIGN FREEZE COULD GO OR COULD BE A WALL. I MEAN A, WHAT ARE THEY CALLED? WINDOW SIGN COULD BE A WINDOW SIGN. THE TYPICAL, TYPICALLY THE, IT SAYS, IT SAYS IN THE ZONING TYPICALLY PLACED BELOW THE SECOND FLOOR WINDOW AREA. THE BZ ALSO THE B Z'S ALLOWANCE OF TWO SIGNS ON EACH WALL IS A HUGE STRETCH, BUT THE ALLOWANCE OF FOUR SIGNS ON ONE WALL IS UNACCEPTABLE. I UNDERSTAND THE APPLICANT HAS MONEY INVOLVED BECAUSE [00:15:01] THEY'RE ALREADY PLACED AND ALREADY MADE, BUT THAT IS NOT A MITIGATING FACTOR FOR THE BZA TO CONSIDER. YOUR CONCERN IS FOLLOWING THE ZONING ORDINANCES INTENT. THANK YOU. THANK YOU. ANYBODY ELSE? LET THE RECORD SHOW NOBODY ELSE COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. ANY QUESTIONS BEFORE WE GO THROUGH THE POINTS? I HAVE ANOTHER QUESTION. SURE. WHO'S THE QUESTION? FOR THE APPLICANT OR THE STAFF? THE APPLICANT. OKAY. DO YOU HAVE, ARE YOU INTENDING TO PUT A SIGNAGE ALSO ON THE WINDOWS? FOR WHICH PORTION OF THE BUSINESS? FOR THE, THE FIRST FLOOR? UH, YEAH, I KNOW YOU HAVE THE GLASS WINDOWS IN THE FRONT AND YOU HAVE THE DOOR AND STUFF. SO WE, WE ARE, WE ARE OPENING A GOURMET COFFEE SHOP ON THE FIRST FLOOR. SO THE WAY WE'RE DOING IT IS THE FIRST FLOOR WILL BE OUR GOURMET COFFEE SHOP. THE SECOND AND THE THIRD FLOOR WILL BE OUR SPORTS CARD AND SHOP SPORTS CARD AND POKEMON SHOP. SO WE WANTED TO LIKE SEGMENT IT AND CREATE LIKE THIS UNIQUE EXPERIENCE FOR DOWNTOWN. OKAY. SO IT, IT IS TWO DIFFERENT OCCUPANCIES. GOTCHA. THANK YOU. BUT IT ALL BUSINESSES WILL BE OURS. I UNDERSTAND. THANK YOU. ANY FURTHER QUESTIONS? WELL, YEAH, I, I DO HAVE A QUESTION. SURE. IF THE HISTORICAL SOCIETY HAS ALREADY ASKED, THEY'VE APPROVED YEAH. THE DESIGN AND EVERYTHING. YEAH. THEY'RE THE HARD ONES THAT GET PASSED. SO THAT WAS CERTAIN THINGS. , THEY APPROVED THE AESTHETICS. YEAH. THEY DON'T HAVE THE AUTHORITY TO APPROVE WHERE THEY GO. A VARIANCE ON A ZONING MATTER. YEAH. IF, IF YOU RECALL BACK TO THE APOL, OH, THIS BOARD WAS THE BOARD THAT HAD TO APPROVE ANY SIGNAGE AND STUFF, ZONING, ORDINANCE VARIANCES. THEY APPROVED THE AESTHETICS OF THE SIGN. CORRECT. AND THE HPRC HAS APPROVED THE AESTHETICS OF THE SIGN THROUGH THEIR CERTIFICATE OF APPROPRIATENESS. YES. OKAY. ANY QUESTIONS? NO. NO? MM-HMM. NO. I JUST REMEMBER WHERE WE WERE AT THERE FOR A MINUTE. SORRY. WE'RE READY FOR OKAY. WE'RE READY TO GO THROUGH THE POINTS. ALL RIGHT. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF 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 WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE. AGREE. AGREED. MM-HMM . 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. AGREED. OKAY. WE'RE ALL IN AGREEMENT. I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED FOR 2 0 1 NORTH QUEEN STREET PROJECT 2025 DASH 100 DASH V TO ALLOW FOR MORE THAN ONE SIGN PER BUILDING WALL. OKAY. 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. ALL OPPOSED. MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. OKAY. MOVING ON. PROJECT NUMBER 2025 DASH 1 0 1 DASH V. THE PROPERTY IS LOCATED ON BUMBLEBEE LANE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP SEVEN AS PARCEL 11.1. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.04, FIGURE THREE DASH TWO B TO CREATE TWO LOTS THAT DO NOT MEET THE STANDARD WIDTH. AND UR THREE, TREVOR LLOYD. NAME AND ADDRESS AGAIN FOR THE RECORD. SORRY. IT'S OKAY. TREVOR LLOYD ENGINEERING, UH, 5 7 4 KILLARNEY DRIVE, MORGANTOWN, WEST VIRGINIA. DO WE HAVE TO SWEAR HIM AGAIN? YES. RAISE YOUR RIGHT HAND AGAIN. 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. OKAY. AGAIN, A SYNOPSIS, PLEASE. I, UH, HAVE SOMEWHAT SHORTER SPEECH FOR THIS ONE. . UM, SO ESSENTIALLY WHAT WE HAVE IS WE HAVE, UH, WE HAVE THE FIVE LOTS SHOWN, UM, AS YOU CAN SEE THERE. AND THEN WE HAVE TWO, TWO RESIDUAL LOTS THAT WE WOULD LIKE TO GROW GRASS ON. UM, AND NOTHING ELSE OTHER THAN THE STORMWATER POND, WHICH IS, UH, REQUIRED INFRASTRUCTURE. UH, THIS VARIANCE REQUEST IS, COMES OUT OF, UH, A BRIDGING A GAP BETWEEN THE SUBDIVISION ORDINANCE [00:20:01] AND THE ZONING ORDINANCE AND THE SUBDIVISION ORDINANCE. UM, THERE'S EXCEPTIONS. UH, IT'S A, IT'S WRITTEN IN THERE AS AN EXCEPTION TO IF YOU WANT TO, IF YOU HAVE OPEN SPACE OR REQUIRED INFRASTRUCTURE, THEN YOU, YOU'RE EXEMPT FROM MEETING THE LOT SIZE REQUIREMENTS. AND THEN IN THE ZONING ORDINANCE, WHICH SUPERSEDES THE, UH, SUBDIVISION ORDINANCE, NO MENTION OF THAT IS, IS MADE. NOW. THESE TWO LOTS ARE ESSENTIALLY, YOU KNOW, RESIDUAL LOTS THAT, THAT WE'RE NOT GONNA BUILD ANYTHING ON. UH, WE JUST WANT TO LEAVE THEM AS GRASS, UH, FOR THE ENJOYMENT OF THOSE THAT LIVE THERE. THAT'S, THAT'S IT. OKAY. QUESTIONS? NOT CURRENTLY. I FLIPPED ON HERE SOMEWHERE, BUT WHAT, WHICH TWO LOTS? IS IT ON THIS MAP THAT YOU'RE TRYING TO, RIGHT HERE IT'S THE TWO WITH THE STORMWATER RIGHT HERE. YEP. THESE TWO STORMWATER AND THEN NOT THIS. OKAY. YEP. THE BIG OPEN SPACE BEHIND THE, UM, HOMES AND THEN ALONG THE SIDE. OH, WE, WE WOULD ALSO LIKE TO PLANT SOME SCREENING TREES ALONG THERE ALSO. YOU WILL PLANT THOSE OR THE HOA WILL BE RESPONSIBLE. THE DEVELOPER? YES. OKAY. THANK YOU. NOW IS THE HOA GONNA BE CAREGIVER? KEEP IT UP. YEAH. I'M SORRY. IS THE HOA GONNA BE THE, THE CAREGIVER FOR THE GRASS? YES. YES. THIS, THIS WILL BE HANDED TO AN HOA AND THEY'LL BE RESPONSIBLE FOR MAINTAINING THE ALLEY MAINTENANCE. YEAH. MAINTAINING THE ALLEY AND THE OPEN SPACE. YES. GOTCHA. NOW THESE WERE ALREADY TWO, TWO LOTS OR HE'S, HE'S CREATING THOSE TWO LOTS. HE'S CREATING THOSE TWO LOTS. THAT'S WHY THEY HAVE TO MEET THE ZONING ORDINANCE. OKAY. SO IS IT ONE BIG PROPERTY AND HE'S SUBDIVIDING IT AND SUBDIVIDING IT FOR THE HOUSES AND THEN THOSE TWO LOTS? YES. OKAY. AND WHY ARE YOU DOING TWO LOTS INSTEAD OF ONE? WELL, THEY'RE SEPARATED BY THE RIGHT OF WAY THAT I'VE GOT FOR THE, UM, FOR THE, UH, ALLEY. FOR THE ALLEY. THE ALLEY IS REQUIRED? YES. RIGHT. AND I WANTED TO KEEP, AND THEN I, I HAVE TO BE WITHIN MY LOT SIZE REQUIREMENTS ARE CERTAIN PARAMETERS AND THEN I, I KEPT IT AWAY FROM THE, UH, THE NEIGHBORING PROPERTY AS AS MUCH AS I COULD, WHICH RESULTS IN A THIN LOT, UH, BETWEEN BUMBLEBEE AVENUE AND MY RIGHT OF WAY FOR THE ALLEY AND BESIDE THE HOUSE. OKAY. ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS. NO. NO. OKAY. UM, STAFF REPORT, THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE FIGURE THREE DASH TWO UR DASH THREE B TO CREATE TWO LOTS THAT DID NOT MEET THE STANDARD WITH THE URBAN RESIDENTIAL TRANSECT. THREE. THE PROPOSED PLAN IS FOR A NEW SUBDIVISION OFF BUMBLEBEE LANE. THE PLAN INCLUDES FOUR SINGLE FAMILY SEMI ATTACHED DWELLINGS AND ONE SINGLE FAMILY HOME LOT. SEC SIX IS, UH, DESIGNATED AS OPEN SPACE AND IS PROPOSED TO BE 27.42 FEET IN WIDTH. LOT SEVEN IS ALSO DESIGNATED TO BE OPEN SPACE AND CONTAIN THE STORMWATER MAINTENANCE FACILITIES. IT IS PROPOSED TO BE 143.3 FEET IN WIDTH SECTION 4.01 B NINE OF THE SUBDIVISION. AND LAND ORDINANCE STATES THAT LOTS CREATED FOR ESSENTIAL PUBLIC UTILITIES, OPEN SPACE PUBLIC PARKS OR PUBLIC FACILITIES SHALL BE EXEMPT FROM THESE REQUIREMENTS. HOWEVER, SECTION 1.06 C OF THE ZONING ORDINANCE STATES THAT IT IS GIVEN PRECEDENCE OF CONFLICTING PROVISIONS. QUESTIONS? NO. OKAY. ALRIGHT, THEN WE WILL OPEN THE PUBLIC PORTION. UH, I GUESS I WOULD LIKE TO ADD INTO THE PUBLIC PORTION, UH, WHAT WE RECEIVED FROM BRIAN BURKES VIA EMAIL. UM, IT LOOKS LIKE HE IS AGAINST THE APPLICANT. THAT'S WHAT I, I'M GATHERING. OKAY. SO WE'VE ADDED THAT IN. BUT I WILL GO AHEAD AND, UH, ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD. LET THE RE RECORDS SHOW NOBODY COMING FORWARD. ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT? [00:25:03] NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. I DUNNO WHY I KEEP LOSING THIS PAGE. OKAY. AGAIN, WE HAVE TO GO THROUGH THE POINTS OF, TO GRAIN OF VARIANCE. UM, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. 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 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. OKAY. I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED FOR THE BUMBLEBEE LANE SUBDIVISION PROJECT. 2025 DASH 1 0 1 DASH V TO CREATE TWO LOTS THAT DO NOT MEET THE STANDARD WITH NUR DASH THREE. OKAY. I GOT A MOTION. DO I HAVE A SECOND? SECOND. OKAY. A MOTION AND 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 IN 30 DAYS. NEXT UP IS PROJECT NUMBER 2025 DASH 1 0 2 DASH V. THE PROPERTY IS LOCATED AT 1 0 9 COHEN LANE AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 30 5K AS PARCEL TWO 70. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.07, FIGURE THREE DASH SEVEN CC 0.4 TO ALLOW FOR A 12 FOOT REAR SETBACK IN A MIXED USE RESIDENTIAL TRANSECT TWO. I DO NOT WANNA BUTCHER THAT NAME. GOOD EVENING. CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? YES. GILLI 1 0 9 COLE LINCOLN MARTINSBURG. OKAY. NICHOLAS GILLIS. I ALSO LIVE AT 1 0 9. OKAY. IF YOU BOTH RAISE YOUR RIGHT HAND, PLEASE. MM-HMM . YOU ALL SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO. OKAY. AND GO AHEAD AND TELL US WHAT IT IS YOU'RE TRYING TO DO. UM, LET ME ABOUT THE HOUSE. ORIGINALLY THE BUILDER SAID IF WE WANTED TO PUT A DECK ON THAT, THE LINE, THE SETBACK WOULD HAVE TO GET MOVED. SO WE'RE AT THAT POINT WHERE WE'RE BUILDING A DECK AND WE'RE JUST TRYING TO GET THE SETBACK MOVED. WE FOLLOWED THE HOA, UM, RULES, REACHED OUT TO THE NEIGHBORS, GOT SIGNATURES PROVIDED TO THE HOA, SO THAT'S ALL BEEN TAKEN CARE OF. SO NOW WE'RE JUST MOVING ON TO THE NEXT STEP. OKAY. ANY QUESTIONS? NO QUESTIONS. OKAY. STAFF REPORT, THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE FIGURE THREE DASH SEVEN MUR TWO C 0.4, TO REDUCE THE REAR SETBACK FROM 20 FEET TO 12 FEET. THE PLAN IS TO INSTALL A DECK AND A PATIO AT THE REAR OF THE HOME. THE PROPOSED SIZE OF THE DECK IS 20 FEET BY 16 FEET, AND THE PATIO IS 26 FEET BY 16 FEET. THE LOCK CONFIGURATION IS AN UNUSUAL SHAPE, AND THE HOME PLACEMENT DID NOT ALLOW FOR A LARGE REAR YARD. THE PROPERTY DOES HAVE A STORMWATER DRAINAGE EASEMENT ALONG THE FAR LEFT SIDE THAT WILL NOT BE IMPACTED BY THESE ADDITIONS. QUESTIONS FOR STEP? NO, MA'AM. THANK YOU, SIR. NO. OKAY. ALL RIGHT. 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 AND NOW WE WILL GO THROUGH THE POINTS. SHOULD HAVE THESE MEMORIZED BY NOW. OKAY. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF 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 HARD HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREED. AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. AGREED. OKAY. ALL POINTS BEING MET. I'LL ENTERTAIN A MOTION. [00:30:01] I MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED FOR 1 0 9 COWAN LANE, PROJECT 2025 DASH 1 0 2 DASH V TO REDUCE THE REAR STEP BACK REQUIREMENT TO 12 FEET. I'LL SECOND. I HAVE 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. VERY MUCH. ALRIGHT, DISCUSSION, [6. DISCUSSION/ACTION ITEMS] ACTION ITEMS 2026. MEETING DATES. WHAT'S THAT ABOUT THE NEW MEETING DATES FOR, FOR 2026? HAVE Y'ALL HAD A CHANCE TO LOOK AT 'EM? MM-HMM WE JUST NEED A MOTION TO APPROVE AND, OH, MOVE ON TO 2026. IS DECEMBER 8TH THE FIRST TUESDAY OF THE MONTH OR SECOND? THAT'S THE SECOND TUESDAY. OH, YOU'RE OKAY. AND THE PARADE COMMITTEE IS GONNA UNDERSTAND THAT , I DON'T KNOW, WE WERE NOT COMMUNICATED WITH SO IT'S DO THEY GET A COPY OF THIS? NO. NO, THEY DON'T CARE ABOUT US. . . I MEAN, DO WE WANT TO JUST SET IT FOR THE FIRST TUESDAY AND IF WE NEED TO THAT'S WHAT I WAS THINKING. WE'LL KNOW IN NOVEMBER IF WE NEED TO MOVE IT AND WE CAN ANNOUNCE THE MOVING OF IT. ANNOUNCE IT TO THE SECOND TUESDAY. THAT'S, THAT'S FINE FOR ME. I MEAN THAT JUST KEEPS IT EASY. WE, WE ALWAYS HAVE THE BACKUP DATE ANYWAY, SO YEAH. IT MAY END UP BEING ON THE EIGHTH IF THAT'S THE BACKUP DATE. SO YOU WANNA SET IT FOR THE FIRST? YEP. SO THAT WOULD BE, THAT WAY WE'RE NOT PUSHING IT BACK TO THE THIRD WEEK. OKAY. CLOSER TO CHRISTMAS. OKAY. YOU KNOW WHAT I MEAN? YEAH. YEAH. THAT SEEMS LIKE THE ONLY TIME WE HAVE A PROBLEM. WELL, IT'S THE PARADE. YEAH, THE PARADE. WE DO HAVE A PROBLEM THIS YEAR IN NOVEMBER. 'CAUSE THAT'S ELECTION DAY. YEAH. OH YES IT IS. WELL, WELL IT'S ON THE SECOND TUESDAY. YEAH. SO WE'VE MOVED OURS TO THE SECOND TUESDAY. YEAH. YEAH. YEAH. HOPEFULLY WE'LL STILL BE OPEN. YEAH. WHO KNOWS WHAT'S GONNA HAPPEN AFTER THE ELECTION. . THAT'S RIGHT. . WHAT ELECTION ARE WE TALKING ABOUT? YEAH, WHAT ELECTION ARE WE TALKING ABOUT? IF WE HAVE AN ELECTION. THE MIDTERM ELECTION. THE MIDTERM ELECTION. YEAH. IF WE HAVE AN ELECTION. OH, I DIDN'T SAY THAT OUT LOUD, DID I? OH, THAT'S THE MIDTERM ELECTION. SO ALL OF OUR HOUSE MEMBERS AND IT'LL BE INTERESTING. IT WILL BE INTERESTING. OKAY. OKAY. SO THAT'S THE ONLY CHANGE. YEAH, I WOULD, I WOULD SUGGEST DECEMBER. GOING BACK TO THE FIRST TUESDAY. OKAY. SO ALL THE REST ARE ON THE FIRST TUESDAY BUT NOVEMBER. AND THERE'S NOTHING WE CAN DO ABOUT THAT. 'CAUSE ELECTION DAY. SO, SO DO YOU WANNA MAKE A MOTION TO APPROVE THAT? WITH THAT CHANGE? WHO WANTS TO MAKE THAT MOTION? MAKE MOTION? I MAKE A MOTION TO APPROVE THE DATES FOR 2026 WITH THE EXCEPTION OF DECEMBER BEING THE FIRST TUESDAY. YEP. THAT OKAY. GOT THAT. . I'LL SECOND IT. HAVE A MOTION. AND SECOND, ANY FURTHER DISCUSSION. SO WHAT DATE DOES, DOES THAT BE LIKE DECEMBER 2ND THEN OR SOMETHING? FIRST, FIRST, FIRST. FIRST. IT WOULD BE THE FIRST. IT WOULD BE THE FIRST. SO THAT'S WHEN WE'RE GOT PLAN. YEP. OKAY. ANY FURTHER DISCUSSION WITH THE POSSIBILITY BEING CHANGED? POSSIBILITY, BUT NOT AS CLOSE TO CHRISTMAS. EXACTLY. . ALRIGHT. ALL IN FAVOR? AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES NO OTHER BUSINESS. UH, I'LL ENTERTAIN A MOTION TO ADJOURN. I MOTION TO ADJOURN. OKAY. MORNING. Y'ALL GONNA BE A SECOND? I'LL SECOND IT. OKAY. GOT A MOTION IN SECOND. ALL IN FAVOR? AYE. AYE. WE ADJOURN. * 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.