[00:00:02]
OKAY, YOU HAD TO TURN SOMETHING ON.[1. CALL TO ORDER]
ALL RIGHT.WE'LL CALL THE MEETING TO ORDER.
CAN I GET A ROLL CALL PLEASE? MARY DOLIA? PRESENT.
[3. APPROVAL OF MEETING MINUTES]
AN APPROVAL OF THE MEETING MINUTES FROM FEBRUARY 3RD, 2026.UH, EVERYBODY HAD THAT IN A READ AHEAD.
IF THERE'S NO QUESTIONS, I'LL ENTERTAIN A MOTION.
I MAKE A MOVE TO APPROVE THE MEETINGS.
UH, THE MEETING MINUTES FOR FEBRUARY, 2026.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
UM, THERE'S NO UNFINISHED BUSINESS.
[5. NEW BUSINESS/PUBLIC HEARINGS]
TO NEW BUSINESS.PROJECT NUMBER 2026 DASH EIGHT DASH SE.
THE PROPERTY IS LOCATED AT 3 0 1 NORTH HIGH STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 11 AS PARCEL 2 2 8.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR MULTIFAMILY DWELLING.
AND UR THREE, STEVE, I AM NOT GONNA PRONOUNCE THAT LAST NAME.
IS THERE ANYBODY HERE FOR THAT CASE IS OKAY.
IF YOU CAN COME UP TO THE PODIUM PLEASE.
AND IF YOU STATE YOUR NAM NAME AND ADDRESS AND THE MICROPHONE PLEASE.
MY NAME IS JUDY HENRICKS AND I LIVE AT 4 0 8 EAST RACE STREET.
AND YOU'RE HERE TO SPEAK ON THIS CASE? YES.
ARE YOU, ARE YOU SPEAKING ON BEHALF OF THE APPLICANT OR ARE YOU HERE FOR THE PUBLIC HEARING? UH, I'M NOT SPEAKING FOR THE APPLICANT.
ACTUALLY, WE, WE'VE JUMPED THE GUN IN BECAUSE WE'RE LOOKING FOR THE APPLICANT.
I HAVEN'T OPENED THE PUBLIC PORTION.
DID YOU TALK TO THE APPLICANT? IS THE APPLICANT GONNA BE HERE? I HAVE NO IDEA.
YES, I DID CALL HIM AND REMIND HIM OF THE MEETING AND HE SAID HE WOULD BE HERE.
SO MAYBE WE CAN MOVE IT, MOVE IT TO THE SECOND ONE.
WE SHOULD MOVE TO THE FOOT OF THE AGENDA AND GO TO THE NEXT MEETING.
AND WE NEED A MOTION FOR THAT? YES.
I'LL ENTERTAIN A MOTION TO MOVE IT TO THE FOOT OF THE AGENDA PLEASE.
I MAKE A MOTION TO MOVE IT TO THE FOOT OF THE AGENDA.
DO I HAVE A SECOND? AYE SECOND.
SO WE WILL TAKE CARE OF THAT ONE.
NEXT, WE'LL MOVE ON TO PROJECT NUMBER 2026 DASH NINE DASH V.
THE PROPERTY IS LOCATED AT 4 24 HUSKY TRAIL AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 30 5K AS PARCEL 3 3 2.
THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.07, FIGURE THREE DASH SEVEN B TO EXCEED THE MAXIMUM IMPERVIOUS COVERAGE.
IF YOU COULD STATE YOUR NAME AND ADDRESS INTO THE MICROPHONE AT THE PODIUM PLEASE.
I'M THE BUILDER REPRESENTING MY CLIENT WHO LIVES AT 4 24.
AND ARE YOU THE ONLY ONE THAT'S GONNA BE SPEAKING TONIGHT? AS FAR AS I KNOW.
I DO YOU NEED TO SPEAK? I'M THE ACTUAL OWNER, SO.
WELL CAN YOU COME FORWARD, WE'LL JUST SWEAR YOU BOTH IN JUST IN CASE HE HAS TO OKAY.
IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD AS WELL, AND THEN WE'LL SWEAR YOU BOTH IN AT THE SAME TIME.
THAT WAY YOU CAN BOTH SPEAK YOUR NAME AND ADDRESS.
DAVID WEBER, RESIDING AT 4 2 4 HUSKY TRAIL, MARTINSBURG, WEST VIRGINIA 2 5 4 0 3.
NOW RAISE YOUR RIGHT HAND AND HE'LL SWEAR YOU IN YOU'ALL, SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
NOW YOU CAN GIVE US A SYNOPSIS OF WHATEVER IT IS THAT YOU'RE TRYING TO DO AND WE CAN ASK QUESTIONS FROM THERE.
UM, DR. WEBER HAD A TOWNHOUSE BUILT BY DRB AND IT WENT THROUGH THE PLANNING THROUGH MARTINSBURG IN THE VERY BEGINNING, UM, HE WAS UNDER THE ASSUMPTION HE COULD BUILD A DECK OUT THERE AND SINCE HE HAD THE LARGER MODEL OF THE TOWN HOME BUILT, HE WAS PRETTY MUCH MAXED ON THE GREEN SPACE, LIKE AS SOON AS IT WAS COMPLETED, COUNTING THE DRIVEWAY, SIDEWALKS AND SO FORTH, THE SIZE OF THE DECK HE WANTS TO PUT ON IS ONLY 4% MORE IN WHAT'S ALLOWED.
IT'S 60%, WE'RE AT 64, SO WE'RE JUST ASKING FOR A LITTLE BIT OF GRACE SO WE CAN GET HIS DECK BUILT.
[00:05:01]
WAS TOLD ALL THROUGH THIS PROCESS FROM THE BUILDER AND, UH, AND THE HOUSE WAS APPROVED WITH A DOOR GOING OUT, THE SECOND STORY OR A DECK, BUT HE WAS SO CLOSE, THE PROPERTY WAS SO CLOSE TO THE MAXIMUM GREEN SPACE AS IT WAS COMPLETED THAT WE FAILED THE PLANNING STAGE WHEN WE SUBMIT IT FOR THE PERMIT FOR THE DECK.AND THE DECK IS ONLY EIGHT BY 16.
SO AGAIN, WE'RE ONLY GOING OVER 4%.
SO, UM, BEFORE THE DECK IS BUILT, UM, DO YOU KNOW WHAT THE PERCENTAGE IS OF THE HOUSE ON THE LOT? IS THE HOUSE ITSELF AT 60%? THE HOUSE IS, I THINK THE HOUSE IS RIGHT AT 58 50 7%.
SO HALF THE DECK, UM, IS OVER.
OKAY, SO HALF THE SQUARE FOOTAGE, 60 SQUARE FOOT IS WHAT WE'RE OVER, THAT'S, THAT'S, THAT'S ALL WE'RE ASKING FOR.
WE'RE ONLY GOING EIGHT FEET FROM THE BACK OF THE HOUSE.
WE'RE STILL WITHIN THE SETBACK LINES, BUT OUR GREEN SPACE HAS EXCEEDED MM-HMM
NO, I MUST HAVE MISSED THAT PART.
SO THE, THE DECK IS COMING OFF OF THE SECOND LEVEL, CORRECT? CORRECT.
IS THERE, SO THE SPACE UNDER IT, IS THAT GONNA BE CONCRETE? WELL, NO, IT CAN, IT CAN'T BE.
HE'S OUT, HE'S, HE'S, HE'S MAXED.
NEEDS TO BE, HE CAN'T EVEN HAVE A, HE CAN'T HAVE ANYTHING.
BUT THERE'S STILL, OKAY, THE, I GUESS WHAT I'M GETTING AT THE, THE DECK IS NOT ACTUALLY PHYSICALLY ON THE GROUND? NO, MA'AM, CORRECT? NO MA'AM.
IT'S NINE TO 10 FEET ABOVE THE GROUND.
SO IF, BUT IT IS COVERING THE GROUND, SO WATER, BUT IT'S STILL PERVIOUS.
I MEAN, I THOUGHT IT HAD TO BE, I THOUGHT TO COUNT AS IMPERVIOUS SURFACE, IT ACTUALLY HAD TO BE COVERED WITH AN IMPERVIOUS MATERIAL MATERIAL.
THAT WAS MY UNDERSTANDING AS WELL.
THIS IS A COMPOSITE DECK, SO WATER WILL RUN RIGHT THROUGH IT.
AND THE PART OF, AND MAYBE I'M MISUNDER UNDERSTANDING THE ISSUE ON THE IMPERVIOUS SURFACE, BUT I THOUGHT THAT PART OF THE ISSUE WAS AN IMPERVIOUS SURFACE.
THERE IS NO RUNOFF ON IT WHATSOEVER, BUT BECAUSE IT'S COVERED BY SOMETHING THAT DOESN'T ALLOW WATER TO SOAK IN.
BUT I SAID I'VE PULLED UP THE DEFINITION IN THE ZONING ORDINANCE OF IMPERVIOUS COVERAGE AND UNFORTUNATELY IT DOES STATE PERMEABLE OR IMPERMEABLE.
SO THEY COUNT EVERYTHING OUTSIDE OF BASICALLY THE NATURAL LAND.
SO ANY NATURAL OR GOT IT MANMADE MATERIAL UTILIZED TO COVER PVE OR RESURFACE.
I UNDERSTAND
ANY OTHER QUESTIONS FOR THE APPLICANT? NO.
UM, I JUST WANT TO CLARIFY WHEN, WHEN THE TOWNHOUSE WAS BUILT, WHEN WAS IT, WHEN WAS IT, WHEN DID THE PLANS GO THROUGH THE CITY? DID THEY GO THROUGH UNDER IN CURRENT ZONING OR THE PREVIEW ZONING? THE ONLY REASON I'M ASKING IS BECAUSE THE DOOR WAS SHOWN ON THE PLANS, CORRECT? ON YEAH, WE'VE BEEN ASKING THAT SAME QUESTION THAT, AND THAT'S PART OF POINT, I MEAN, YOU THINK OF YOUR, YOU KNOW, WHO REALLY WANTS TO HAVE A SLIDING GLASS DOOR ON THE SECOND FLOOR OF THEIR HOUSE BUILDINGS IN NOWHERE.
AND IF THE BUILDER AND THE, AND HE'S TOLD, THE BUILDER TELLS HIM THAT, WELL, YOU CAN HAVE THE DECK AND IT WAS APPROVED BY THE CITY.
SO I'M JUST, I GUESS I'M QUESTIONING MAYBE DID THIS GO BEFORE THE PLANNING COMMISSION BEFORE THE NEW, I MEAN IT WAS RECENTLY BUILT, BUT THAT
[00:10:01]
DOESN'T MEAN THE PLANS WERE NOT SUBMITTED A NUMBER OF YEARS AGO THAT, THAT SOMETHING MIGHT HAVE CHANGED.CAITLYN, DO YOU KNOW THAT ANSWER? UM, I'D HAVE TO LOOK AT THE SPECIFIC PHASE, BUT I THINK IT WAS AFTER THIS ZONING ORDINANCE AND PROBABLY WHAT WAS REVIEWED AT THE NEW BUILD PHASE WAS JUST THE IMPERVIOUS THAT WAS CURRENTLY THERE.
AND SO THE HOME MET IMPERVIOUS AT THAT POINT, BUT IT DID NOT TAKE INTO CONSIDERATION WHETHER THE FUTURE HOMEOWNER WOULD WANT OR NOT WANT A DECK TO BE ADDED.
AND I JUST FIND IT ODD THAT THERE'S A DOOR SHOWING AND YEAH, THERE ISN'T ANY CONSIDERATION THAT, WELL, THAT DOOR DOES GO TO SOMETHING.
A LOT OF TOWNHOUSES ARE BUILT LIKE THAT AND THEY PUT THE, THE BAR ACROSS THE DOOR.
YEAH, THE BAR WITH THE PICKETS AND ALL THAT STUFF ACROSS AND COVER THE DOOR.
ANY OTHER QUESTIONS FOR THE APPLICANT BEFORE WE MOVE ON TO STEPH? NO.
THE APPLICANT EARN REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE FIGURE THREE DASH SEVEN MIXED USE RESIDENTIAL TWO B TO EXCEED THE MAXIMUM IMPERVIOUS COVERAGE OF 60% TO ALLOW FOR THE IMPERVIOUS COVERAGE OF 64%.
THE PLAN IS TO INSTALL A DECK AT THE REAR OF THIS NEWLY CONSTRUCTED TOWNHOME.
THEIR PROPOSED SIZE OF THE DECK IS 16 FEET BY EIGHT.
THE LOT SIZE IS 20 FEET BY A HUNDRED AND WITH THE HOME DRIVEWAY AND LEAD WALK, THE IMPERVIOUS COVERAGE IS CURRENTLY AT 57%.
BUILDING PERMIT HAS BEEN FILED FOR THE ADDITION OF THE DECK.
ANY QUESTIONS FOR, UH, STAFF? NO.
THIS, THIS WILL MEET THE SETBACK LINES, RIGHT? YES, IT DOES FALL WITHIN THE SETBACK LINES BECAUSE I KNOW THAT THERE WERE SOME DOWN HOMES THAT WERE BUILT STORM WATER THAT THE WAY THEY BUILT IT IS GONNA BE AN ISSUE WITH THE SETBACK.
THAT'S NOT WHAT IT, THESE, IT'S NOT.
ALL RIGHT, THEN WE WILL START THE PUBLIC PORTION OF THE MEETING.
ANYBODY WISHING TO SPEAK IN FAVOR OF THE APPLICANT? PLEASE COME FORWARD.
LET THE RECORD SHOW NOBODY COMING FORWARD.
ANYBODY WISH TO SPEAK AGAINST THE APPLICANT? AGAIN? NOBODY COMING FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
SO IN ORDER TO GRANT A VARIANCE, WE DO NEED TO GO THROUGH THE POINTS OF A VARIANCE.
DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE GO THROUGH THESE? NO.
NUMBER ONE, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE.
IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT AND WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE.
IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND.
AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE.
I MAKE A MOTION TO APPROVE THE VARIANCE REQUEST OF FOR, I DON'T KNOW, I LOST ADDRESS PRIOR.
THAT I MAKE THE MOTION TO, TO HAVE IT APPROVED.
DO I HAVE A SECOND? I, SECOND MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS.
AND THEN AT THAT TIME WE CAN START CONSTRUCTION.
YOU CAN START, UM, DEALING WITH THE PERMITTING NOW.
'CAUSE THEY ALREADY KNOW YOU'VE BEEN APPROVED.
SO I DON'T KNOW IF YOU'RE, I'M GUESSING YOUR PERMIT HAS NOT BEEN ISSUED BECAUSE YOU HAD TO GET THIS APPROVAL FIRST, CORRECT? IT WAS RIGHT AT THE LAST POINT.
SO THEY WILL CONTINUE WITH THE PERMIT AT THIS POINT SINCE YOU GOT APPROVED TONIGHT.
[00:15:01]
GO BACK TO THE FIRST PROJECT.IT LOOKS LIKE THE APPLICANT IS HERE.
PROJECT NUMBER 2026 DASH E DASH SE.
THE PROPERTY IS LOCATED AT 3 0 1 NORTH HIGH STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 11 AS PARCEL 2 2 8.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.01 TO ALLOW FOR MULTIFAMILY DWELLING.
STEVE SAGGY, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
9 21 WASHINGTON AVENUE, HAGERSTOWN, MARYLAND.
CAN I SWEAR YOU IN? DO YOU SWEAR OR AFFIRM THE INFORMATION YOU GIVE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, SIR.
AND IF YOU COULD PLEASE TELL US WHAT IT IS YOU'RE TRYING TO DO.
I'VE OWNED A BUILDING AT 3 0 1 NORTH HIGH STREET FOR 10, 12 YEARS.
NOT REALLY DONE ANYTHING WITH IT.
UH, MY SON-IN-LAW WANTS TO DEVELOP IT INTO SEVERAL APARTMENTS AND I'M HERE TO REPRESS THAT PERMISSION.
I AM PROVIDING, I PROPOSED TO PROVIDE, UH, UH, SIX OFF STREET PARKING SPACES.
SO THERE IS ON STREET PARKING IN ADDITION TO THE, THE NEW PARKING, UH, WE'RE GOING TO PUT IN THREE OR FOUR UNITS IF, UH, APPROVED.
AND, UH, THEY'LL BE MODERATELY PRICED APARTMENTS.
AND YOU DON'T HAVE ANY PLANS FOR THE APARTMENTS? LIKE WHAT THEY'RE GONNA LOOK LIKE? I DO HAVE ONE BEDROOM, TWO BEDROOM.
UH, I THINK IT'S, UH, AS I REMEMBER, IT'S UH, ONE, TWO BEDROOM AND THREE ONES.
DO YOU KNOW HOW THE LAYOUT'S GONNA BE? UPSTAIRS, DOWNSTAIRS, THERE'LL BE, UM, ONE APARTMENT STREET LEVEL ON, UH, HIGH STREET WHERE THE OLD MARKET WAS, AND THEN THERE'LL BE TWO ON THE FIRST FLOOR FROM THE REAR AND ONE ON THE SECOND FLOOR.
ANYBODY ELSE HAVE ANY QUESTIONS? UM, OKAY.
I I, THERE'S A LITTLE CONFUSION, UH, IN THE APPLICATION AS TO WHAT THE ACTUAL LOT SIZE IS.
I I, THE DIMENSIONS THAT I CAME UP WITH, I BELIEVE WERE 42 FEET WIDE.
UH, DON'T RECALL EXACTLY THE, THE DEPTH, BUT IT WAS MAYBE 170 I RECALL.
'CAUSE THE, THE HOUSE, THE STRUCTURE EXISTING THERE IS, UM, 42, WHAT IS IT? 42 BY 33.
PAGE 20 PAGES HERE SAID ACCORDING TO THE TAX MAP, THE LOT WAS 50 BY ONE.
THAT'S, THAT'S WHAT THAT SAID.
BUT THEN, UM, IT DIDN'T QUITE DIMENSIONS OF THE STRUCTURES AS INDICATED ON THE, THE, UH, GRAPH DIDN'T QUITE ADD UP 'CAUSE IT SAID, UH, 33 BY 42 FOR THE BUILDING FOOTPRINT.
UM, SO THE, SO WE GO BY WHAT'S, WHAT'S ON THE TAX MAP, RIGHT.
THAT, THAT'S WHAT I CAME UP WITH THERE.
THERE'S A, UH, SEVEN OR EIGHT FOOT, UH, WALKWAY TO THE LEFT OF THE HOUSE, WHICH I, UH, THINK ADDS UP TO THE, THE, UH, 40 OR 42 FEET THAT, UH, UH, THAT FRONTS ON HIGH STREET.
THERE'S A SET OF STEPS AND A WALKWAY BACK ON THE LEFT SIDE.
SO 42 IS THE HIGH STREET FRONTAGE? UH, IT'S BETWEEN 40 AND 42.
AND 33 IS THE RACE STREET YEAH.
AND THE OFF STREET PARKING WOULD, WOULD BE ON THE RACE STREET SIDE.
UH, KEEP IN MIND THAT PARKING IS NOW WITH PLANNING COMMISSION, SO WE RIGHT.
HAVE NO PARTS IN THAT ANYMORE.
WELL, THAT HAS TO BE ADDRESSED.
WE CAN, THAT NEED TO BE ADDRESSED IN A, WE CAN MAKE ANY MOTION CONTINGENT UPON APPROVAL FROM PLANNING COMMISSION WITH PARKING.
YEAH, IT'S A PARKING LOCATION STILL GOES BEFORE BO BOARD IS ZONING APPEALS, JUST THE NUMBER OF SPOTS RIGHT.
[00:20:02]
YEAH.'CAUSE THERE'S NOTHING IN THE ZONING ORDINANCE THAT INDICATES HOW MANY SPOTS THEY WOULD REQUIRE, I THINK.
BUT WHETHER THEY CAN PARK IN THE FRONT OR THE SIDE OR THE REAR OR THAT IS STILL THROUGH ZONING.
BUT HE DOES HAVE PARKING PROPOSED FOR THE REAR, WHICH IS WHAT THE ORDINANCE WOULD BE FOR THAT PART ZONE.
AND THAT'S WHY HE IS NOT HERE FOR A VARIANCE FOR THAT.
AND HE'S GOING TO PLANNING FOR THE NUMBER OF SPOTS THE FULL FULL, THERE'S FULL ALLEY ACROSS THE BACK, CORRECT? YES.
IT LOOKS LIKE THERE'S A 15 FOOT ALLEY BEHIND.
UM, IS THERE A, IS THERE A SETBACK IF THE, IF THE, UH, IN LOOKING AT A LAYOUT FOR PARKING, IT WOULD APPEAR THAT FOUR FIVE NO NEVERMIND, IS THERE'S NO SETBACK WITH RESPECT TO PARKING SIDE SETBACK WITH RESPECT TO PARKING AREA, JUST TO THE STRUCTURE, CORRECT? THAT IS CORRECT.
ANY QUESTIONS FOR THE APPLICANT BEFORE WE MOVE ON THE STAFF REPORT? NO.
STAFF REPORT, THE APPLICANT IS PROPOSING TO TAKE THIS CURRENTLY VACANT SINGLE FAMILY DWELLING AND CONVERT IT INTO FOUR APARTMENT UNITS.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TABLE 4.01 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A MULTI-FAMILY DWELLING IN THE URBAN RESIDENTIAL DISTRICT.
TRANSECT THREE NOTABLE INFORMATION INCLUDES THIS DWELLING HAS BEEN VACANT FOR SEVERAL YEARS AND IS LOCATED ON THE, THE CORNER.
UM, LOT, THE INTERSECTION OF NORTH HIGH STREET AND EAST RACE STREET.
THE LOT SIZE IS 50 BY ONE 10 PER SECTION 4.17 A THREE OF THE SUBDIVISION LAND ORDINANCE PER MINUTE OFF STREET PARKING SHALL BE PROVIDED FOR A CHANGE OF USE.
MULTIFAMILY DWELLINGS REQUIRE 1.2 SPOTS PER DWELLING UNIT.
SO A MINIMUM OF FIVE PARKING SPACES WILL BE NEEDED FOR THIS CHANGE OF USE.
THIS PROPERTY CURRENTLY IS UTILIZING ONLY STREET PARKING.
OFF STREET PARKING CAN ONLY COUNT TOWARDS 10% OF THE REQUIRED PARKING.
MAXIMUM IMPERVIOUS COVERAGE IS 70% FOR URBAN RESIDENTIAL.
THREE, THE CURRENT IMPERVIOUS COVERAGE IS APPROXIMATELY 36% IN URBAN RESIDENTIAL.
THREE PARKING IS ONLY ALLOWED IN THE REAR AND SHOULD BE ACCESSED FROM AN ALLEY SPECIFIC PARKING DETAILS ARE REQUESTED BUT NOT PROVIDED IN THE TIMEFRAME NEEDED TO PUBLISH THE MEETING PACKETS.
A PARKING WAIVER WAS PRESENTED TO THE APPLICANT AS AN OPTION TO ALLOW FOR ADDITIONAL STREET PARKING, BUT ONE HAS NOT BEEN FILED.
THE APPLICANT WILL NEED TO REGISTER THE RENTAL AND HAVE THE UNITS INSPECTED BY THE MARTINSBURG RENTAL HOUSING INSPECTOR FOR COMPLIANCE BEFORE THEY CAN BE RENTED.
HOW MANY SPOTS ARE REQUIRED FOR THIS FOUR UNIT APARTMENT? YOU SAY 1.2? YES.
SO HE IS REQUIRED TO HAVE FIVE AND IN HIS SKETCH HE'S GOT SIX.
UM, BUT I DON'T KNOW WHAT THE DIMENSIONS OF THOSE SPOTS ARE OR HOW, IF SOMEONE WAS LIKE PARKED IN SPOT ONE AND IN SPOT FOUR, LIKE HOW WOULD ONE GET OUT YOUR S'S RIGHT THERE?
AND I WOULD BE ASSIGNING THE, THE FIRST ROW, WHICH WOULD BE THE FIRST TWO FRONT TO BACK TO ONE APARTMENT, AND THEN THE SECOND ROW TO THE NEXT APARTMENT AND A THIRD ROW TO THE, TO THE, THE THIRD APARTMENT.
AND THAT WAY THEN, IF THERE'S ANY PROBLEM WITH, UH, ACCESSING THE FRONT PARKING SPACE AND THE BACK PARKING SPACE, IT'S BETWEEN FAMILY MEMBERS.
IT'S NOT, IT'S NOT BETWEEN APARTMENT PEOPLE, SEPARATE APARTMENTS.
AND OUR REQUIREMENT FOR PARKING SIZE IS WHAT? NINE BY 15? OH NINE BY OH NINE BY 29 BY 20, MM-HMM
SO I MEAN, I DON'T KNOW IF, I MEAN, IF IT HAS TO BE 24 FEET,
[00:25:04]
IF THE PLANNING COMMISSION IS GONNA LOOK AT IT AND SAY, OH, YOU'VE GOT THREE FRONT AND THREE BACK.BUT YOU HAVE TO HAVE ACCESS, EVERY VEHICLE WOULD HAVE, HAVE TO HAVE ACCESS TO EVERY SPOT WITHOUT PARKING, WITHOUT PULLING BACK THEN THERE'S NOT GONNA BE SUFFICIENT SPACE BECAUSE YOU'D HAVE TO HAVE, YOU'D HAVE TO HAVE THE 20 FEET.
SO YOU'D HAVE THREE ACROSS, SO YOU'D HAVE 27, THEN YOU'D HAVE TO HAVE 24, 27, 37, 41.
BUT THEN YOU'D ALSO HAVE TO HAVE 24 BEHIND THIS OTHER, IF IT'S LIKE SORT OF A PAD SORT OF THING.
UM, 24, 20, 40, 50, 64, A HUNDRED.
AND IT MIGHT JUST MAKE IT BECAUSE IT, THEY WOULD HAVE TO BE UP AGAINST TO MEET THE ACCESS REQUIREMENT.
THEY WOULD HAVE TO BE, YOU KNOW, IF THE, HERE'S RAY STREET, THE HOUSE IS HERE, SO THEY, UH, ON HIGH STREET.
SO THEY WOULD HAVE TO BE ON THE SIDE, THE PROPERTY SIDE TOWARDS NOT THE RACE, NOT, IT WOULD BE PARALLEL TO THAT PAD WOULD HAVE TO BE ON, COULDN'T BE ON THE HIGH STREET SIDE, IT WOULD BE ON THE OTHER SIDE OF THE PROPERTY.
BUT ALONG HIGH STREET BECAUSE YOU'D HAVE TO ACCESS THE ALLEY.
I MEAN FROM THE ALLEY YOU'D HAVE TO, YOU'D HAVE A 24 FOOT ACCESS ROAD THAT COMES DOWN AND THEN BEHIND IT WOULD HAVE TO GO BEHIND THE PAD BECAUSE IF YOU'VE GOT, OKAY, SO HERE'S, HERE'S HIGH SPEED.
I DON'T, AND THIS IS ONLY BASED ON THE ASSUMPTION THAT THE PARKING, THAT THE PLANNING COMMISSION IS NOT GONNA ALLOW.
UM, OKAY, SO HERE'S, THIS IS RACE.
SO IF HE'S GOT A SIX, A SIX SPOT PAD, THEN THE ABSCESS HAS TO BE FROM THE ALLEY.
SO ACCORDING TO THE ZONING CODE, YOU'VE GOTTA HAVE A 24 FOOT ACCESS THAT WOULD GO AROUND TO GET THESE, ASSUMING THAT THESE YOU JUST PULL OFF OF HIGH STREET OFF OF THE ALLEY.
BECAUSE I DON'T THINK THIS, I DON'T THINK THE PLANNING COMMISSION IS GONNA ALLOW YOU TO SAY, OH, WELL THESE TWO SPOTS GO TO THE SAME UNIT SO THEY CAN JUST JOCKEY THE CARS.
I DON'T THINK THAT'S GONNA APPLY TO THE PLANNING COMMISSION.
I COULD BE WRONG, BUT THEY WOULD NOT ALLOW THAT IN A TOWNHOUSE DEVELOPMENT.
SO I CAN'T SEE WHERE THEY WOULD ALLOW IT HERE.
SO YOU'D HAVE TO HAVE, SO TO MEET THAT REQUIREMENT, YOU'VE GOT, UH, 27 HERE.
'CAUSE YOU'VE GOT NINE, NINE AND NINE AND YOU'VE GOT 20 FEET FOR THIS ONE.
BY THE TIME YOU COUNT THE SECOND ONE YOU HAVE 40, 50, 64 FEET.
'CAUSE YOU HAVE A 24 FEET BEHIND IT TO GET TO IT.
SO YOU HAVE JUST ENOUGH LOT TO GET THAT ON.
BUT TO ACCESS THIS, YOU WOULD HAVE TO PAY THIS WHOLE THING.
AND AT THAT POINT YOU HAVE, YOU HAVE LIKE 10 BY FOUR, YOU HAVE 80 FEET OF IMPERVIOUS SURFACE.
EVERYTHING ELSE IS COMPLETELY PAVED ON THAT HOLE.
I MEAN, I DON'T, WELL THAT'S, THAT, THAT WAS MY NEXT QUESTION IS, UM, WITH THE PARKING LOT, IS IT GONNA MEET THE REQUIREMENTS FOR IMPERVIOUS IMPERVIOUS LAND? THAT WAS SOMETHING THAT I NEEDED THE PARKING SIZES FOR.
'CAUSE I WASN'T SURE LIKE HOW BIG THE SPOTS WERE, BUT NOW THAT I KNOW THAT I CAN RUN SOME NUMBERS REALLY QUICK.
WELL, I THINK THAT'S TOTALLY DIFFERENT.
IT WASN'T ON THE AGENDA, SO I THINK THAT'S IRRELEVANT.
DOES HE WOULD'VE COME BACK? I GUESS THE QUESTION IF IT DOESN'T, WELL, QUESTION IS DOES HE YEAH.
IF HE, IF HE MEETS THE IMPERVIOUS SURFACE AND HE'S OKAY, IF NOT, HE HAS TO GET A VARIANCE FOR THE IMPERVIOUS SURFACE.
IT BECAUSE IT, I DON'T THINK IT'S GONNA MEET, I MEAN I THINK IT DEPENDS BASED OFF THE HOUSE HAS ALREADY, IF YOU'RE, AND IN THE PARKING, 'CAUSE IT'S GOTTA BE PAVED
[00:30:01]
NOW.WELL EVEN WITH GRAVEL IT WOULD STILL WOULD'VE, BUT IT'S GOTTA BE PAVED NOW.
ANY PARKING HAS TO BE PAVED IN THE CITY OF MARTINSBURG.
SO THAT NOW MAKES IT FULLY IMPERVIOUS.
I THINK IT WOULD, I MEAN YOU'RE TALKING DEPEND 10, 20, 30, EXACTLY HOW THEY WERE LAID OUT.
WHICH IS WHY I THINK IT'S IRRELEVANT HOW THEY'RE LAID OUT WHETHER IT'S GONNA MEET IMPERVIOUS.
WELL, OKAY, IF THEY'RE, THEY'RE GONNA BE ABOUT THE SAME SQUARE FOOTAGE.
WELL, THE, THE ISSUE IS OKAY IF HE LAYS OUT FIVE SPOTS, WELL HE ONLY NEEDS FIVE SPOTS THIS WAY.
IF HE LAYS OUT FIVE SPOTS THAT WAY DOWN 45 TIMES, THAT'S 900 SQUARE FEET.
UM, SO IF YOU LAY THEM OUT THIS WAY THEN, AND THEN YOU HAVE 24 BY 45 FOR THE ACCESS SPACE, WHICH IS, I'VE LOST TRACK OF WHICH OF MY CALCULATIONS WE'VE GOT HERE.
UM, AND I DON'T HAVE A CALCULATOR.
OKAY, SO 24 BY 45 IS, YOU ONLY NEED FIVE SPOTS.
AM I WRONG? FIVE SPOTS? YOU ONLY NEED FIVE IS PROPOSING SIX.
1.2 PER UNIT, WHICH IS FIVE SPOTS.
FIVE SPOTS IS TAKES UP 900 SQUARE FEET.
'CAUSE THEY'RE UM, NINE BY 20.
SO ARE WE FIVE BECAUSE HE'S PROPOSING SIX? WELL NO, HE'S GOT SIX ON HERE.
SO DID YOU DETERMINE WHAT HIS PERCENTAGE OF COVERAGE IS? SO WHAT WAS THE HOUSE SIZE? THE HOUSE IS, UH, 1386.
NOW I, THAT'S JUST THE SIZE OF THE THE OKAY.
THAT'S THE BUILDING FOOTPRINT.
I DON'T KNOW IF THERE'S UH, I DON'T THINK THE SIDEWALK, I THINK THAT CITY SIDEWALK, I DON'T THINK THAT'S COUNTED IN THE PROPERTY.
I THINK THAT'S SEVEN FEET IS WHAT MAKES IT FROM 43 TO 50.
UM, LEMME PULL UP THE PROPERTY HERE.
IF HE'S GOT SIX AND THEY'RE STRUNG OUT, UH, STEPS ON THE LEFT, SO, SO IF WE'RE TAKING JUST THE HOUSE AND THE 10 BY 20 SPOTS INTO CONSIDERATION, UM, HE IS STILL UNDER THE IMPERVIOUS.
BUT YOU'VE GOTTA HAVE THE PARKING REQUIREMENT IS THAT THERE IS AN ACCESS THAT THERE'S A 24 ACCESS DRIVE THAT ALLOWS YOU TO GET TO EACH SPOT.
I DON'T THINK, I DON'T THINK THE PLANNING COMMISSION ALLOWS YOU TO PUT, I MEAN YOU COULD PUT THEM BACK TO BACK, BUT I DON'T THINK IT ALLOWS YOU TO THEN SAY, WELL I ONLY NEED TO HAVE ACCESS ON THE ONE SIDE BECAUSE THEY CAN JOCKEY BACK AND FORTH.
I BELIEVE, AND I'M NOT ON THE PLANNING COMMISSION, BUT THE WAY THE REGULATIONS, THE SUBDIVISION REGULATIONS ARE WRITTEN, I DON'T THINK THEY WOULD ALLOW THAT.
I THINK THEY WOULD SAY NO, YOU MUST HAVE ACCESS.
EACH SPOT HAS TO HAVE ITS OWN ACCESS FROM ROADWAY.
YOU CAN'T HAVE A SHARED ACCESS.
I'M THINKING OF THE TOWNHOUSES WHERE I LIVE AND EACH DRIVEWAY HOLDS TWO CARS.
BUT THAT'S NOT A, UM, A PARKING LOT.
SO I DON'T, WELL NOW MAYBE, I MEAN I COULD BE WRONG.
THEY MIGHT AND THIS, IT SAYS THAT HE'S GONNA HAVE ONE PARKING SPOT ON THE STREET.
OH, BUT I'M JUST THINKING, SO THAT MEANS THERE'S ONLY FIVE PARKING SPOTS BACK THERE AND NOT SIX? NO, HE'S PROPOSED SIX.
IF YOU LOOK AT PLANTS AND HIS PACKING.
OH, SO THIS ADDITION DOESN'T WORK THERE.
[00:35:01]
GOT TWO FOR OKAY, SO I WAS EACH ONE OF THOSE.SEE 2, 4, 6, 1 IN FOUR WILL BE APARTMENT TWO, TWO AND FIVE WILL BE APARTMENT 3, 3, 6 BE APARTMENT.
SO PARKING ONE ON STREET PARKING.
THAT PLANNING COMMISSION WILL DETERMINE WE CAN USE ON STREET PARKING.
SO EACH PARKING SPOT REQUIRES 180 SQUARE FEET.
UM, AND 1386, SORRY, I'M MAKING THIS MEETING A LOT LONGER THAN IT NEEDS TO BE.
SO YOU'VE GOT, UM, 24 72 WITH JUST THE PARKING SPACES AND THE HOUSE, UM, IF THERE'S ANY OTHER IMPERVIOUS SERVICE.
BUT THEN YOU'VE GOT THE ISSUE OF THE ACCESS TO THOSE SPOTS UPSTAIRS.
I DUNNO IF THERE'S A SIDEWALK THAT GOES BACK TO THE HOUSE.
THERE IS, THERE IS CONCRETE STEPS IN BETWEEN THE TWO PROPERTIES RIGHT THERE BETWEEN THE HOUSE AND THE PROPERTY AND THE LEFT.
YEAH, I DIDN'T SEE THAT AS, SO THERE'S THAT PLUS UM, THE ACCESS, YOU KNOW, THE ACCESS DRIVE, WHICH, WHICH IS 27 36 IF YOU HAD THAT AND I FIGURING AN EIGHT FOOT LINE 'CAUSE IT THE LINE.
SO OKAY, SO THEN HE WOULDN'T NEED A VARIANCE FOR THE IMPERVIOUS IMPERVIOUS.
BUT I GUESS WHEN THE BUILDING PERMIT WITH THE SITE PLAN AND ALL THAT STUFF IS HERE, THEY MAY MAKE A DETERMINATION THAT WHAT HE'S PROPOSING WILL AND THEY'LL HAVE TO COME BACK.
OR HE HAS TO MAKE AMENDMENTS SO THAT IT DOESN'T EXCEED THE IMPERVIOUS SURFACE.
SO THE QUESTION THAT WE HAVE TO ANSWER IS, UM, THIS EUR DISTRICT REQUIRES SPECIAL EXCEPTION, DO AN MULTIFAMILY HOUSE.
ARE WE OKAY? DO WE THINK HE NEEDS THE POINTS? WE DO HAVE ONE PERSON MULTIFAMILY.
YEAH, I ANOTHER PORTION NOW STAFF MAKING SURE WE'RE ALL RIGHT.
SO, UM, WE'RE DETERMINING WHETHER HE NEEDS ALL THE POINTS TO MAKE THEM ALL RIGHT.
WHICH IS FOUR UNITS IS POLICE.
WE CAN OBVIOUSLY SAY FOUR UNITS IS TOO MUCH IF I THINK IT IS OR WHATEVER, BUT WE THAT'S OKAY.
BUT I DID FORGET, DID WE JUST THE COURT ARTICLE? YES.
NOW WE'LL OPEN THE PUBLIC PORTION.
ANYBODY WISHES TO SPEAK IN FAVOR OF THE APPLICANT, PLEASE COME FORWARD.
LET THE RECORD SHOW NOBODY FORWARD.
ANYBODY WISHES TO SPEAK AGAINST THE APPLICANT.
YOU CAN COME UP TO THE PODIUM.
AND THEN AGAIN, CAN YOU STATE YOUR MOMENT ADDRESS FOR THE RECORD? YES.
MY NAME IS JUDY HENRICKS AND I LIVE AT 4 0 8 EAST RAY STREET.
AND IF YOU LOOK AT THE, THE PICTURE UP THERE, THAT LITTLE POINTED SHADOW DIRECTLY ACROSS THE STREET FROM THE ALLEY IS MY HOUSE.
THAT'S THE SHADOW OF MY HOUSE RIGHT THERE.
SO I KNOW YOU TALKED ABOUT AFFORDABLE HOUSING AND MY QUESTION ABOUT THAT IS, IS AFFORDABLE, MEANING SUBSIDIZED? I THINK THAT IS IRRELEVANT.
UM, SO WE'RE NOT HERE TO ANSWER QUESTIONS.
BASICALLY WHAT WE'RE HERE FOR IS FOR YOU TO STATE IF YOU'RE AGAINST IT, YOU'RE REASONING BEHIND WHY YOU'RE AGAINST IT.
WELL, SO WE CAN PUT IT ON THERE.
IT'S PRETTY MUCH GONNA TAKE UP THE WHOLE BACKYARD.
AND THE LEFT SIDE OF THE HOUSE IS A CONCRETE WALKWAY ALONG THE LEFT SIDE ALL THE WAY TO THE PROPERTY LINE THERE.
UM, ALSO MY CONCERN IS THE APARTMENT THAT'S GOING TO BE IN THE LOWER PORTION, WHICH WAS THE OLD COMMERCIAL STORE,
[00:40:01]
HAS AN ENTRYWAY.THE ONLY OTHER ENTRYWAY, INGRESS IS THROUGH A BACK DOOR.
THAT WOULD ALSO BE THE ONLY EGRESS FOR ALL THE REST OF THE HOUSE.
AND IF THEY'RE GOING TO BUILD A SCAFFOLDING TYPE STRUCTURE THAT ALLOWS PEOPLE TO GO WHOOPS, UPSTAIRS TO THE, UH, SECOND FLOOR APARTMENT, IT'S GONNA BE A REAL EYESORE.
ALSO WITH ALL THIS PARKING AND WHETHER OR NOT IT'S SUBSIDIZED AFFORDABLE HOUSING.
WE HAVE HAD IN THE PAST, AND I'VE LIVED THERE FOR 20 YEARS NOW, WE'VE HAD A REALLY BAD DRUG PROBLEM IN OUR NEIGHBORHOOD.
WE HAVE HAD A DR A PROBLEM ALSO WITH PEOPLE WHO UNFORTUNATELY ARE ADDICTED TO NOT ONLY DRUGS BUT ALCOHOL.
AND OVER THE YEARS BECAUSE OF NEW BUILDS DOWN ON CENTER STREET AND NEW BUILDS, I DON'T EVEN KNOW WHAT THE NAME OF THE ROAD IS, UP ABOVE GUSSIE AND ALBERT, OUR NEIGHBORHOOD HAS GOTTEN BETTER.
IT'S, IT'S GOTTEN MORE FRIENDLY DURING COVID.
WE'VE ALSO HAD SEVERAL, UM, BUILDERS COME IN.
THE, THE LITTLE GUYS, YOU KNOW, THE, THE, THE LITTLE GUYS THAT ONLY HAVE THREE OR FOUR PEOPLE IN THEIR BUILDING AND THEY'VE COME IN AND RENOVATED HOUSES AND THEY'VE MOVED INTO ONE OF THEM AND THEY'RE OWNER OCCUPIED.
SO THERE'S A CERTAIN AMOUNT OF PRIDE WHEN YOU HAVE AN OWNER OCCUPIED HOUSE AND YOU CAN DRIVE UP AND DOWN HIGH STREET AND YOU CAN PICK OUT EVERY HOUSE THAT'S OWNER OCCUPIED AND EVERY HOUSE.
THAT'S NOT BECAUSE THOSE HOUSES LOOK LIKE A SLUM ZONE.
AND WE'RE FINALLY GETTING PAST THAT WHERE PEOPLE ARE BEING ABLE TO TAKE PRIDE IN THE WAY THEIR HOMES LOOK.
AND I JUST DON'T WANNA SEE OUR NEIGHBORHOOD GOING BACKWARDS.
I'VE HAD ENOUGH WATCHING DOWN THAT ALLEY WATCHING DRUG DEALS GO DOWN THAT ALLEY, CALLING THE POLICE, AND BY THE TIME THE POLICE GET THERE, THEY'RE GONE.
I'VE HAD ENOUGH OF WAKING UP AT TWO OR THREE IN THE MORNING WITH A COUPLE OUT IN THE MIDDLE OF THE STREET, AND IT'S VARIOUS COUPLES OVER THE YEARS THAT ARE YELLING AND SCREAMING AT EACH OTHER AND THE GUY GRABBING HER HAIR AND SHE'S TRYING TO SLAP HIM AND FINALLY PUNCHES HER IN THE FACE AND SHE FALLS DOWN AND BY THE TIME THE POLICE GET THERE, SHE'S JUST A CRUMPLED CRYING HEAP ON THE PAVEMENT OUT THERE.
IT USED TO BE WEEKLY LIKE THAT, EVEN IN THE WINTER.
AND NOW IT'S DOWN TO MAYBE ONCE A MONTH OUR NEIGHBORHOOD'S GETTING BETTER, BUT IT'S PUTTING FOUR MORE AFFORDABLE HOUSING UNITS IN THERE.
AND I REALLY DO THINK IT'S GONNA BE SUBSIDIZED.
IE SLUMLORD HOUSING AND PAVING THAT WHOLE BACKYARD, WHICH IN ANOTHER MONTH WILL BE FULL OF WILD RAMPS.
UM, LET'S SEE IF I'VE GOT ANYTHING ELSE HERE.
AND YEAH, I REALLY THINK THAT, UM, THE IMPERVIOUS PAVING, IT'S GONNA TAKE UP ALMOST THE WHOLE BACKYARD.
UM, OBVIOUSLY WHO BENEFITS? IT'S THE GENTLEMAN BEHIND ME, MR. SY AND HIS SON.
AND I AND IS YOUR SON, IS HIS SON GOING TO BE ONE OF THE OCCUPANTS? MAYBE THE BIG SECOND FLOOR APARTMENT? IS THERE GONNA BE AN OWNER OCCUPANCY IN THERE OR NOT? I DOUBT IT, SO I JUST DON'T THINK IT'S THE RIGHT PLACE FOR SOMETHING LIKE THIS TO HAPPEN.
I ALSO KNOW THAT THE UPSTAIRS ATTIC WINDOWS, I THINK THEY'RE ALL BOARDED UP NOW, BUT THEY PROBABLY WE'RE ONBOARDED.
THERE WAS AN ASIAN LADY WHO I THINK OWNED IT FOR A LITTLE WHILE.
SHE PUT NEW WINDOWS IN THE HOUSE BUT NEVER DID ANYTHING ELSE.
THAT'LL ALL BE PART OF PERMIT IN THE BUILDING PROCESS.
AND, AND THE, THE PIGEONS WERE JUST IN THERE TO THE POINT WHERE WE FINALLY CALLED SOMEBODY AND ASKED JUST FOR HEALTH REASONS TO HAVE SOMEBODY BOARD UP THE WINDOWS.
AND THAT'LL ALL, THAT'LL ALL BE PART OF THE PERMITTING PROCESS.
UM, THAT'LL BE ALL PART OF THE PERMITTING PROCESS.
SO THE CITY WILL LOOK AT THE PERMITTING, PERMITTING TO MAKE SURE WINDOWS ARE TO PAR LIKE THEY NEED TO BE IN THE EXTERIOR OF THE HOUSE, THOSE TYPES OF THINGS.
SO THAT'LL ALL BE WITH THE CITY AND THE PERMITING.
[00:45:01]
JUST REALLY WORRIED ABOUT THE INGRESS AND EGRESS IN CASE OF A FIRE OR SOMETHING TOO.THAT'LL ALSO BE APPROVED BY THE CODE OFFICIALS AT THE CITY THAT HAS NOTHING TO DO WITH WHAT WE'RE DOING HERE.
THEY WILL MAKE SURE THAT THERE IS EGRESS FOR ALL OF THE APARTMENTS, UH, PROPER EGRESS THAT MEETS CODE BECAUSE THEY DO COMPLY WITH THE WEST VIRGINIA CODE.
SO IF, IF ANYTHING IS APPROVED, THE BUILDING PROCESS WILL ENSURE THAT THE BUILDING IS BROUGHT UP TO CODE.
ANYBODY ELSE WISHING TO SPEAK AGAINST THE APPLICANT? NOBODY COMING PORT, COMING FORWARD.
THE PUBLIC PORTION IS NOW CLOSED.
SO THE NEXT STEP HERE IS WE NEED TO GO THROUGH THE POINTS FOR A SPECIAL EXCEPTION.
SORRY, HAD TO MAKE SURE I WAS ON THE RIGHT ONE.
ANY QUESTIONS FOR THE APPLICANT OR STAFF BEFORE WE GO THROUGH THESE POINTS? NO.
THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE.
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 AND 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.
THE LO BRENDA, UM, I GUESS I DO HAVE RESERVATIONS ON FOUR UNITS.
THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND EXTENT OF THE LANDSCAPING ON THE SITE ARE SUCH THAT IT WILL NOT HINDER OR DISCOURAGE THE APPROPRIATE DEVELOPMENT AND USE OF ADJACENT LAND OF BUILDINGS.
OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS.
WOULD THEN, WOULD BE THE OPERATIONS OF ANY PERMITTED USE FOR NOT REQUIRING A SPECIAL PERMIT OPERATION? AGREE.
PARKING AREAS WILL BE OF ADEQUATE SIZE FOR THE PARTICULARLY USE PROPERLY.
DO WE STILL DO THAT? IT'S IN THE ORDINANCE.
I MEAN, WHEN, YOU KNOW, WE'RE TALKING ABOUT THE SIZE, WE'RE NOT TALKING ABOUT THE NUMBERS.
OH, THE, THE PARKING LOT IS GOING TO BE PROPERLY LOCATED, WHICH IS IN THE REAR OF THE VE THE REAR OF THE BUILDING.
I GUESS THE ONE QUESTION WE HAVEN'T REALLY DEALT WITH IS THE SCREENING FROM ADJOINING RESIDENTIAL USES.
WE DID TALK ABOUT THE ENTRANCE AND EXIT DRIVE SHALL BE LAID OUT TO ACHIEVE MAXIMUM SAFETY, WHICH I GUESS IS WHERE THEY'RE COMING OFF OF THE ALLEYWAY, CORRECT? MM-HMM
BUT I GUESS THE QUESTION THAT'S A STILL IN QUESTION IF WE DON'T KNOW HOW YOU GOTTA GO AROUND THE PARKING AND ALL THAT, SO, WELL, WE KNOW THAT IT HAS TO BE FIVE FROM, FROM THE ZONING ORDINANCE.
OF COURSE PLANNING COULD GO UP OR GO DOWN FROM THAT.
SO THAT ONE IS ONE WHERE WE WOULD HAVE TO SAY THAT IT WOULD BE SUBJECT.
IF HE'S ASKING FOR A PARKING VARIANCE, IT'D BE SUBJECT TO THE PLANNING COMMISSION'S APPROVER.
HE, IF HE'S, IF HE'S ONLY REQUIRED TO HAVE FIVE SPOTS, I'M NOT SURE WHY IT'S GOING TO THE PLANNING COMMISSION THEN.
WELL, IT DOESN'T, SO THAT WAS JUST PRESENTED AS AN OPTION IF THE CONFIGURATION OF THOSE SIX SPOTS WAS NOT RIGHT.
'CAUSE LIKE AN OPTION WOULD BE TO HAVE ALL OF THE SPOTS AS PULLINS OFF OF THE ALLEY.
HE'D BE ABLE TO FIT I THINK FOUR THAT WAY.
AND IF HE WAS DOING FOUR, THEN HE'D HAVE TO GO TO PLANNING.
BUT HE'S INDICATED HE'S DOING SIX.
SO AS OF RIGHT NOW, HE'S NOT GOING BEFORE THE PLANNING COMMISSION.
HE'S NOT FILED FOR A WAIVER OR ANYTHING.
IT WAS JUST PRESENTED AS AN OPTION.
I MEAN, WITH HIS, WITH HIS NINE BY 20, HIS SIX NINE BY 20 SPOTS, DOES HE HAVE APPROPRIATE ACCESS INTO THOSE SPOTS, I GUESS IS THE QUESTION?
[00:50:01]
WELL, OKAY.IF THE PLANNING COMMISSION DETERMINES THE, THE NUMBER AND THE SIZE, THE SIZE IN, IN THE CODE IN THE SUBDIVISION REGULATIONS MM-HMM
BUT IT SAYS THAT, UH, OKAY, SO IF, SO HE WOULDN'T NEED AN ACCESS ROAD IF THEY WERE ALL PULLED INTO RIGHT OFF OF THE ALLEY.
WELL, THEN HE DOESN'T HAVE THE SPACE IF HE'S GOT SIX.
YEAH, HE'S GOT 54 BECAUSE SIX OF THEM WOULD BE 54 FEET ACROSS AND THE LOT SIZE IS ONLY 50.
AND HE WOULD HAVE ENOUGH FOR FIVE, RIGHT? THAT WOULD BE 45.
AND I GUESS HIS, THAT'S WHEN HE COMES IN WITH HIS SITE PLAN FOR HIS ACTUAL PROJECT.
RIGHT NOW WE'RE TALKING ABOUT THE USE OF THE PROPERTY.
SO I THOUGHT WE, SO WE CAN MAKE E CONTINGENT UPON APPROVAL BY CITY.
EVERYBODY AGREE WITH THAT? YEAH.
PUBLIC UTILITY SERVICE, ELECTRICITY, SEWAGE, STORM DRAINAGE AND WATER WILL BE ADEQUATE TO SERVICE THE PROPOSED USE AND WILL HAVE SUITABLE ACCESS THERE TOO.
AND THE PROPOSAL WILL NOT OVERBURDEN EXISTING FACILITIES OR ANY ONSITE WATER SUPPLIES.
SEWAGE TREATMENT OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THE PROPOSED USE.
SO WE HAVE GONE THROUGH ALL OF THE POINTS FOR A SPECIAL EXCEPTION.
I MAKE A MOTION TO APPROVE PROJECT 2026 DASH EIGHT SE, SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3 0 1 NORTH HIGH STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 11 AS PARCEL 2 28 APPLICATION REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE FOUR, TABLE 4.101 TO ALLOW FOR MULTIFAMILY DWELLING IN UR THREE.
UH, WITH THE PROVISO THAT THE, UM, CITY APPROVED, THE PARKING CITY APPROVED THE PARKING AND, AND THAT THE IMPERVIOUS COVERAGE DOES NOT EXCEED 70% AS THE ORDINANCE STATES.
MAY I RECOMMEND THAT ON THE PARKING THAT IT MEET THE CITY OF MARTINSBURG PARKING REQUIREMENTS IN THE, YOU KNOW, WHICH IS THE FIVE AND THE SPACES AND THE ACCESS OR GET APPROVAL FROM THE PLANNING COMMISSION FOR ANY VARIANCE THEREOF.
UM, YOU COULD JUST AGREE TO THAT.
AND DO I HAVE A SECOND? I SECOND.
ANY FURTHER DISCUSSION? ALL RIGHT.
ALL IN FAVOR SIGNIFY BY SAYING AYE.
YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS AND YOU CAN START TALKING TO THE CITY PRETTY IMMEDIATELY ABOUT PERMITTING AND EVERYTHING ELSE THAT YOU NEED TO DO, OKAY? OKAY.
NO MORE DISCUSSION OR ACTION ITEMS. NO OTHER BUSINESS.
I'LL ENTERTAIN A MOTION TO ADJOURN.
SOUNDS LIKE IT'S GONNA BE EASIER TO.