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I WAS GABBING.[1. CALL TO ORDER]
CALL THE MEETING TO ORDER.CAN I GET A ROLL CALL PLEASE? MARY DIER? PRESENT.
JAMIE LOPEZ DECIDED NOT TO OR RENEW WHEN HIS TERM EXPIRED AT THE END OF THE YEAR.
SO HE'S NOT ON THE BOARD ANYMORE? HE'S NOT TECHNICALLY HE IS ON THE BOARD TILL REPLACED ABOUT, SAY, HIS HIS.
SO THEN WHY DID I HAVE TO ASK, LIKE, WHY DID THE MAYOR HAVE ME ASK WHETHER HE WANTED TO BE REAPPOINTED? BECAUSE THEY WOULD REAPPOINT HIM AT THE NEXT MEETING.
TECHNICALLY, HE'S STILL ON THE BOARD TILL HIS REPLACEMENT IS CONFIRMED.
[3. APPROVAL OF MEETING MINUTES]
MOVING ON.APPROVAL OF THE MEETING MINUTES FOR DECEMBER 16TH, 2025.
WE DID NOT HAVE A MEETING IN JANUARY, SO EVERYBODY GOT THAT IN.
I WILL ENTERTAIN A MOTION IF THERE'S NO QUESTIONS, COMMENTS? I'LL MAKE A MOTION.
DO I HAVE A SECOND? I SECOND IT.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
MOTION CARRIES NO UNFINISHED BUSINESS.
[5. NEW BUSINESS/PUBLIC HEARINGS]
BUSINESS PUBLIC HEARING.UM, BEFORE WE DO THIS, BRENDA, ARE YOU AN ALTERNATE? CURRENTLY? I'M ALTERNATE.
BUT YOU ARE VOTING TODAY BECAUSE WE DON'T HAVE YEAH.
SHE'S, SHE'S A FULLY PARTICIPATING IN VOTING NUMBER OF THE OH, GOT BOARD IT.
JUST WANTED TO MAKE SURE I WAS CLEAR WITH THAT BECAUSE I IT'S BEEN A LONG TIME SINCE YOU'VE BEEN IN ALTERNATE RIGHT.
PROJECT NUMBER 2025 DASH ONE 10 DASH SPECIAL EXCEPTION.
THE PROPERTY IS LOCATED AT FIVE 33RD STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 11 AS PARCEL 30.7.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR A TWO-FAMILY DWELLING IN URBAN, URBAN RESIDENTIAL AVON HARRIS IS THE APPELLATE.
CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? YVONNE HARRIS.
UH, PO BOX RANSOM, WEST VIRGINIA.
YOU SAID PO BOX RANSOM, BUT YOU DIDN'T SAY THE NUMBER OF THE PO BOX.
HE'S JUST WELL-KNOWN IN RANSON, SO THAT'S ALL WE NEED.
YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
GO AHEAD AND GIVE US A SYNOPSIS OF WHAT IT IS.
SO, UM, BASICALLY, UH, THIS IS, UH, TO ALLOW FOR, UH, TWO FAMILY DWELLING, WHICH ORIGINALLY THE HOUSE WAS BUILT FOR THAT.
UM, INITIALLY IT WAS FOR SALE, BUT THEN I DECIDED TO KEEP IT FOR MYSELF AND, UH, CONTINUE ON WITH THE TWO FAMILY DRAWING PORTION.
UM, AND THAT'S, THAT'S PRETTY MUCH, PRETTY MUCH IT.
AND YOU'RE SAYING THAT IT WAS TWO FAMILY BEFORE AT ONE POINT? WELL, WELL, IT WAS DESIGNED WHEN I BUILT IT, I DESIGNED IT FOR THAT.
UH, BECAUSE IT WAS JUST FINISHED, I WANNA SAY ABOUT A YEAR AGO.
UM, AND THEN I INITIALLY WAS GONNA SELL IT, BUT THEN I DECIDED TO JUST HOLD ONTO IT FOR MYSELF.
I MEAN, BECAUSE I DID EVERYTHING ELSE.
I DON'T HAVE ANYTHING, UH, LEFT OVER THERE.
SO JUST, IT TOOK ME A WHILE TO FINISH OVER THERE.
I DECIDED TO JUST KEEP THAT, SO.
SO YOU HAVE ALL THE PERMITTING AND EVERYTHING'S BEEN DONE.
THE HOUSE HAS BEEN BUILT, THAT PERMIT'S CLOSED.
NOW YOU WANT A PERMIT TO BUILD A SECOND RESIDENCE WITHIN THAT HOME, IS THAT WHAT YOU'RE SAYING? CORRECT.
WELL, IT'S, IT'S ALREADY DONE PRETTY MUCH.
UM, I, THIS IS JUST FOR ME TO ALLOW FOR ME TO ACTUALLY USE IT FOR THAT.
SO IT WAS OUR, IT WAS PRE-BUILT WITH TWO KITCHENS AND EVERYTHING? YES.
SO THE PERMIT THAT'S FILED FOR IS TO FINISH CONVERTING THAT BASEMENT INTO, UM, THE SECOND DWELLING.
SO IT WAS PERMITTED BEFORE AS THE SINGLE LIKE FAMILY, AND THAT'S WHAT THE USE AND OCCUPANCY WAS ISSUED FOR AS A SINGLE FAMILY.
SO THERE WAS A UNO ISSUED WITHOUT THE SECOND KITCHEN BEING COMPLETED, OR THEY
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ISSUED THE UNO WITH THE SECOND KITCHEN ALREADY COMPLETED? WELL, THE SECOND KITCHEN WAS ALREADY, THE ONLY THING THAT WAS MISSING WAS THE CABINETS.BUT EVERYTHING IS THERE IN PLACE.
WHEN DID YOU GET THE UNO? UM, LAST NOVEMBER, 2024.
AND WHEN YOU GOT THAT UNO, THE KITCHEN WAS THERE? THE KITCHEN WAS, YEAH, EVERYTHING WAS ALREADY DONE.
THE ONLY THING I HADN'T DONE WAS ACTUALLY WENT AND PURCHASED THE CABINETS TO STICK IN THERE.
WAS IT JUST ROUGH IN PLUMBING OR WAS APPLIANCES ALREADY INSTALLED? NO, NO APPLIANCES.
EVERYTHING WAS JUST ROUGHED IN.
JUST ALL IT NEEDED WAS PAINT AND CABINETS.
AND AT THIS CURRENT POSITION, IS IT STILL IN THAT STATE? YES.
ANYBODY HAVE ANY QUESTIONS? SORRY, I KIND OF TOOK OVER THERE.
WHAT ABOUT PARKING? I HAVE, UH, TWO SPACES NOW, BUT I WANTED TO, UH, GET A WAIVER FOR ON STREET PARKING.
I, UH, ACTUALLY HAD THE CITY OVER THERE ONE TIME WITH THAT HUGE TRUCK THEY USED TO DIG HOLES WITH.
AND THEN THERE WAS ANOTHER TRUCK ON THE OTHER SIDE AND WE STILL HAD TWO-WAY TRAFFIC GOING THROUGH THERE.
SO I DON'T THINK THAT, WELL, I KNOW THAT FOR A FACT IT WON'T IMPEDE ON ANY SAFETY OR, BUT WE CAN'T CONSIDER STREET PARKING.
STREET PARKING IS AN EXCEPTION.
THIS JUST A SPECIAL EXCEPTION TO ALLOW FOR THE USE.
IF YOU NEED A VARIANCE, YOU'LL HAVE TO COME BACK TO THE BOARD OF ZONING APPEALS.
AND IF YOU NEED A VARIANCE FOR PARKING, BECAUSE IT'S ONE, SO HE HAS A PARKING WAIVER FILE, I WAIVER TO GO FOR THE PLANNING COMMISSION.
'CAUSE THE PARKING STANDARDS ARE UNDER THE SUBDIVISION AND LAND ORDINANCE.
WE'VE MOVED IT OVER TO PLANNING.
YEAH, SO THAT'S, SO HE HAS THAT FILED FOR IT.
SO PARKING NO LONGER COMES IN FRONT OF THIS BOARD? NO, THAT WAS THE ONE CHANGE.
WELL, LIKE FRONT PARKING AND THINGS LIKE THAT, THAT PART IS ZONING, BUT THE NUMBER OF SPOTS REQUIRED THAT PART'S IN THE SUBDIVISION LAND ORDINANCE.
SO OUR ACTION THEN, IF WE APPROVE IT SHOULD BE CONTINGENT UPON PLANNING COMMISSION GIVING THE PARKING WAIVER.
THAT WAS PRETTY MUCH MY QUESTION.
THIS IS JUST FOR THE BASEMENT.
I'LL TRY TO FIND THE OTHER KITCHEN.
ANY OTHER QUESTIONS BEFORE WE MOVE ON TO STAFF? NO.
UM, I DO THINK THERE WAS AN ERROR FROM A PREVIOUS FORM THAT I'D USED.
I DON'T THINK HE'S PLANNING ON USING ONE HALF OF IT FOR HIMSELF AND ONE HALF FOR A RENTAL.
I THINK IT'S ALL DESIGNED TO BE A RENTAL.
SO I'M GONNA EDIT THAT IN MY READING.
UM, SAID THE APPLICANT IS PROPOSING TO, UM, RENOVATE THE BASEMENT OF THE SINGLE FAMILY DWELLING TO CONVERT IT TO A TWO FAMILY DWELLING.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO TABLE 4.0, ONE OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A TWO FAMILY DWELLING.
UM, IN THE URBAN RESIDENTIAL, UM, DISTRICT, THE DWELLING WAS BUILT IN 2024 AS A SINGLE FAMILY HOME.
THE APPLICANT WILL STILL NEED TO HAVE THE HOME INSPECTED BY THE RENTAL HOUSING INSPECTOR FOR COMPLIANCE BEFORE IT CAN BE RENTED.
A RENTAL REGISTRATION HAS ALREADY BEEN FILED FOR THE EXISTING UNIT.
THE MAXIMUM LOT SIZE FOR A TWO FAMILY DWELLING SHOULD BE 10,000 SQUARE FEET.
THIS LOT IS 5,250 SQUARE FEET.
FAMILY DWELLINGS REQUIRE TWO SPOTS PER DWELLING UNIT, SO FOUR PARKING SPOTS WILL BE NEEDED FOR THIS PROPERTY.
PROPERTY CURRENTLY HAS A ONE CAR GARAGE AND A DRIVEWAY THAT CAN ACCOMMODATE AN ADDITIONAL VEHICLE.
A PARKING WAIVER TO ALLOW STREET PARKING TO ACCOUNT FOR TWO OF THOSE SPOTS HAS BEEN FILED TO GO BEFORE THE PLANNING COMMISSION.
A BUILDING PERMIT HAS BEEN FILED FOR THE PROPOSED RENOVATIONS.
THEN WE WILL 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
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FORWARD AGAIN, LET THE RECORD SHOW NOBODY COMING FORWARD.THE PUBLIC PORTION IS NOW CLOSED.
CAN YOU SPEAK IN THE MIC THOUGH? OH, I'M SORRY.
OH,
THE, UM, THE PLAN HERE, THE EXITS IN CASE THERE WOULD BE A FIRE OR SOMETHING.
WHAT'S, WHERE'S THE EXITS FOR THE BA FOR THE BASEMENT? UM, THERE'S, UM, IS THERE MORE THAN ONE? YES, THERE'S A EGRESS WINDOW IN THE BEDROOM AND THEN A FULL SIZE, UH, ENTRY DOOR AT THE REAR.
ALL BEDROOMS HAVE TO HAVE AN EGRESS WINDOW.
WELL, IN ORDER TO GRANT A SPECIAL EXCEPTION, WE HAVE TO GO THROUGH THE POINTS.
THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE.
DOES ANYBODY AGREE WITH THAT? I AGREE.
UM, THE LOCATION AND SIZE OF THE USE, THE NATURE AND INTENSITY OF THE OPERATIONS INVOLVED IN OR CONDUCTED IN CONNECTION WITH IT, THE SIZE OF THE SITE IN RELATION TO IT AND THE LOCATION OF THE SITE WITH RESPECT TO STREETS GIVING ACCESS TO IT, ARE SUCH THAT IT WILL BE IN HARMONY WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE ZONING DISTRICT IN WHICH IT IS LOCATED.
EVEN CONSIDERING THE FACT THAT THERE'S, UH, NOT 10,000 SQUARE FOOT? NO, THE MAXIMUM IS 10,000.
I DON'T UNDERSTAND WHY THE ZONING CODE SAYS MAXIMUM LOSS SIZE, SIZE INSTEAD OF MINIMUM.
I TOOK, I'VE READ THAT THEN I WAS THINKING MINIMAL.
I FIND THAT YES, THE ZONING ORDINANCE DOES HAVE A MAXIMUM SIZE.
THAT WAS DETERMINED THROUGH THE COMPREHENSIVE PLAN TO MAKE SURE THAT THERE WERE SUFFICIENT LOTS WITHIN THE CITY.
BUT IT'S NOT THE MINIMUM LOT SIZE FOR IT'S A MAXIMUM.
AND THERE IS NO LONGER A MINIMUM LOT SIZE.
I BELIEVE THERE'S STILL A MINIMUM LOT SIZE.
BUT THERE IS ALSO A MAXIMUM LOT SIZE AND THE FOOTPRINT'S NOT CHANGING ON THIS STRUCTURE? NO, NO.
THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND EXTENT OF THE LANDSCAPING ON THE SITE ARE SUCH THAT THE USE WILL NOT HINDER OR DISCOURAGE THE APPROPRIATE DEVELOPMENT AND USE OF THE ADJACENT LAND AND BUILDINGS.
OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATIONS, OR OTHER CHARACTERISTICS THAN WOULD BE THE OPERATIONS OF ANY PERMITTED USE, NOT REQUIRING A SPECIAL PERMIT.
PARKING AREAS WILL BE OF ADEQUATE SIZE FOR THE PARTICULAR USE, PROPERLY LOCATED, AND SUITABLY SCREENED FROM ADJOINING RESIDENTIAL USES AND THE ENTRANCE AND EXIT DRIVES SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY.
HOW CAN WE ANSWER THAT? RIGHT.
WE DON'T HAVE ANY ANSWER FROM, WELL, I HAVE A QUESTION THOUGH ON THAT BECAUSE THERE'S NO HANDRAILS OR ANYTHING ON THE STEPS TO GET UP INTO THE FRONT ENTRANCE, BUT THAT, WOULDN'T THAT BE THE IT'S NOT REQUIRED IF IT'S PEOPLE THAT DOES THAT, IF IT'S BELOW A CERTAIN HEIGHT, IT'S NOT REQUIRED.
I CAN'T, COULDN'T REMEMBER THE EXACT HEIGHT, BUT IF IT'S UNDER A CERTAIN HEIGHT, IT'S NOT REQUIRED.
I'M JUST THINKING FOR MAXIMUM SAFETY.
I MEAN, YOU WANT PAN RAILS THERE.
AND THE WAY WE ANSWER THAT ONE IS CONTINGENT UPON THE PLANNING, COMMISSION GRANTING PARKING WAIVER MM-HMM
CONTINGENT UPON THE PLANNING COMMISSION.
PUBLIC UTILITY SERVICE, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER WILL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WE'LL HAVE SUITABLE ACCESS THERE TOO.
AND THE PROPOSAL WILL NOT OVERBURDEN EXISTING FACILITIES OR ANY ON ONSITE WATER SUPPLIES.
SEWAGE TREATMENT OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THE PROPOSED USE.
I WOULD IMAGINE IT'S GONNA BE SEPARATELY METERED.
UH, WE HAVE MET ALL THE POINTS.
I'LL MAKE A MOTION TO APPROVE THE REQUEST FOR A SPECIAL EXCEPTION AT FIVE 33RD STREET PROJECT 2025 DASH ONE 10 DASH SE, A SPECIAL EXCEPTION PURSUANT TO TABLE 4.01 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A TWO FAMILY DWELLING IN THE URBAN RESIDENTIAL DISTRICT,
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CONTINGENT UPON A PARKING WAIVER BEING APPROVED TO ALLOW STREET PARKING TO COUNT FOR TWO SPOTS.UM, AS PER THE PLANNING COMMISSION.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
TAKE CARE, MR. HARRIS? YES, SIR.
[6. DISCUSSION/ACTION ITEMS]
UH, ELECTION OF OFFICERS FOR 2026.I GUESS BEFORE WE DO THAT, WE SHOULD, DID WE DO THAT? DID WE DO THAT? ENOUGH PEOPLE HERE TO DO THAT?
I GUESS WE NEED TO RECOGNIZE THE LETTER THAT SHERRY GAVE ME, THAT SHE'S RESIGNING.
THIS WILL BE HER LAST MEETING.
YOU DON'T HAVE TO APOLOGIZE TO ME,
AND WE SHOULD ALSO NOTE THAT MR. LOPEZ HAS INDICATED HE IS NOT GOING TO BE, HE'S NOT SEEKING HIS TERM TO BE RENEWED.
TWO OPEN TERMS. AT THIS POINT IN TIME, IF YOU WOULD LIKE, I COULD TAKE OVER AND DO THE ELECTIONS OF OFFICERS.
I WOULD ENTERTAIN A MOTION TO OPEN THE NOMINATIONS FOR, UH, CHAIRMAN OF THE, OR PRESIDENT OF THE BOARD OF ZONING APPEALS.
IS IT, UH, WE'RE TAKING MOTIONS TO OPEN THE NOMINATIONS
I'LL MAKE THE MOTION TO OPEN THE NOMINATIONS.
NOW WE'RE READY FOR NOMINATION.
I'M READY FOR TO NOMINATE MS. MARY FOR CHAIRMAN.
IS THERE ANY OTHER NOMINATIONS? I'M GOING OUT WITH A BOOM NOW I DO.
UH, ALL IN FAVOR OF MARY BEING THE PRESIDENT GOING FORWARD OR SAY AYE.
WE ALSO NEED TO FIND A VICE CHAIR WHO ARE OUR, WHO ARE THE ALTERNATES RIGHT NOW? I AM, I KNOW BRENDA'S.
SO WE'VE SWITCHED BRENDA AND THEN, UM, ANDREAS.
SO BRENDA AND SHERRY ARE NOT ELIGIBLE FOR THIS VICE CHAIR.
SO THERE'S THREE ELIGIBLE PEOPLE HERE.
DO THE ALTERNATES AUTOMATICALLY BECOME MEMBERS IF THEY'RE AREN'T MEMBERS? NO.
THEY, THEY USUALLY THEY'LL BE APPOINTED.
THEY, THEY'RE GENERALLY AS I NOMINATE MISS MONIQUE, I SECOND IT.
I WAS ABOUT TO ASK ANY, ANY OTHER NOMINATIONS FOR VICE CHAIR THERE BEING NONE.
ALL IN FAVOR OF MONIQUE BEING OUR VICE CHAIR.
I TURN THE MEETING BACK OVER TO YOU.
I GUESS ELECTION OF OFFICERS IS COMPLETE.
NO OTHER BUSINESS BESIDES RECOGNIZING OUR, UM, OUR OFFICERS THAT ARE NOT OFFICERS, BUT OUR BOARD MEMBERS WHO ARE LEAVING.
AND YOU CAN ALWAYS CHANGE YOUR MIND.
WE HAVE TO SEE, LET'S SEE HOW THINGS GO.
I'LL ENTERTAIN A MOTION TO ADJOURN.
I'LL MAKE THE MOTION TO ADJOURN.
DO I HAVE A SECOND? UH, ALL IN FAVOR? AYE.