* 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. [00:00:02] ALL RIGHT, WE'RE [1. CALL TO ORDER] GONNA CALL THE MEETING TO ORDER. CAN I GET A ROLL CALL PLEASE? MARY JULIA? PRESENT. BRENDA CASABONA. HERE. MONIQUE BOOTS. ANDREA LANSDOWN. HERE. CHRISTINA BRINER. PRESENT? KEN SAYER HERE. OKAY. AND WE DO HAVE A QUORUM. BRENDA IS OUR ALTERNATE. BUT YOU WILL BE VOTING RIGHT? OKAY. YEAH, SHE'S OUR ONLY ALTERNATE. RIGHT. Y'ALL ARE FULL BOARD MEMBERS NOW, RIGHT? I THINK SO, YES. OKAY. ALRIGHT. UM, MOVING ON. [3. APPROVAL OF MEETING MINUTES] APPROVAL OF THE MEETING MINUTES FOR MAY 5TH, 2026. EVERYBODY WOULD'VE RECEIVED THAT IN A READ AHEAD. IF THERE IS NO QUESTIONS OR COMMENTS, I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE THE MAY 5TH, 2026 MINUTE. GOT A MOTION. DO I HAVE SECOND? I'LL SECOND IT. ALL IN FAVOR SIGNIFY BY SAY AYE. AYE. ALL OPPOSED? SAME SIGN. MOTION CARRIES. THERE'S NO UNFINISHED BUSINESS. WE'LL MOVE ON [5. NEW BUSINESS/PUBLIC HEARINGS] TO NEW BUSINESS. PROJECT NUMBER 2026 DASH 37 DASH V VARIANCE. THE PROPERTY IS LOCATED AT 7 0 3 NORTH QUEEN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP SIX AS PARCEL 1 53. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE CC 0.4 TO REDUCE REAR SETBACK IN MUC ISMAIL. I WILL NOT BUTCHER YOUR LAST NAME. IF YOU COULD COME UP TO THE PODIUM HERE. STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. YOUR NAME AND ADDRESS. UH, MY NAME IS ISHMAIL. UH, I'M, UH, 1 36 LIBERTY STREET MAR, WEST VIRGINIA. OKAY. RAISE YOUR RIGHT HAND. CAN I SWEAR YOU IN? YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. OKAY. IF YOU CAN EXPLAIN TO US WHAT IT IS YOU'RE TRYING TO DO. WELL, UH, I WOULD LIKE TO, UH, USE, UH, THE BACK OF THE PROPERTY. UM, IT'S JUST SITTING THERE AND I HAVE THE CITY, UH, ALWAYS, UH, GIVING US PAPERS. WE CAN PUT TIRES IN UP FRONT. WE CAN PUT, UH, ENGINES, TRANSMISSIONS, AND, UH, THEY CAN BE OUTSIDE IN THE WEATHER. SO WE, WE HAVE THE SPACE, BUT, UH, IT'S NOT USE IF IT'S NOT WITH THE ROOF. OKAY. THAT'S, THAT'S MY REASON. DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? OKAY. I'M AS DID YOU OWN THE PROPERTY WHEN THE ORIGINAL EXTENSION OF WHEN THAT, WHAT WAS AN ADDITION OR I GUESS WAS AN ORIGINAL PART OF THE BUILDING WHEN THAT BURNED DOWN? I DID. I DID. YEAH. THE WALL WAS, WAS THERE, BUT IT WAS FALLING APART, SO. OKAY. SO THAT ORIGINAL SECTION OF THE BUILDING HAS BEEN TAKEN DOWN AND HAS BEEN BASICALLY VACANT FOR, OH, I DON'T KNOW HOW LONG IT'S BEEN VACANT, BUT OKAY. IT APPEARS TO BE LIKE 10 YEARS. 10 YEARS, OKAY. ABOUT THE FIRE WAS IN 2016. OKAY. AND YOU OWNED THE PROPERTY IN 2016 WHEN THE FIRE WAS, NO. OKAY. ALRIGHT. AND THE PROPOSED, THE PROPOSED ADDITION IS JUST GOING FROM THE BACK OF THE BUILDING TO THE BACK WALL OF THE BUILDING BEHIND YOU, CORRECT? CORRECT. AND IS THAT BACK BUILDING ON THAT PROPERTY LINE? EXCUSE ME. OKAY. THAT IS CORRECT. OKAY. NOW WILL THIS ADDRESS THE PARKING ISSUE? 'CAUSE I KNOW THAT THAT PROPERTY HAS A LOT OF CARS PARKED ON THE STREET THAT ARE NOT LICENSED AND NOT LEGAL AND NOT SUPPOSED TO BE THERE. AND ON TOP OF THAT, YOU GUYS KEEP PARKING ON THE SIDEWALK BLOCKING TRAFFIC. WE CAN'T, YOU CAN'T SEE TO PULL OUT THAT STREET 'CAUSE YOU'RE PARKING ON THE SIDEWALK ON QUEEN STREET. SO TO PULL OFF OF UNION YOU CAN'T SEE TO GET OFF THE STREET HALF THE TIME. UH, WELL, THE CARS ARE MINE. I I HAVE TO OWN CARS. I MEAN, I, I CAN'T, I UNDERSTAND THAT YOU OWN CARS, BUT ON AN FOR, UH, ANYTHING AUTO RELATED, THE CARS HAVE TO BE ON YOUR PROPERTY, NOT ON STREET PARKING. AND THE WHOLE STREET ON THAT SIDE, HALF OF THE STREET IS ACTUALLY FULL OF CARS THAT ARE NOT LICENSED AND ARE NOT LEGAL. [00:05:01] WELL, MY CARS ARE LICENSED AND THE ONES THAT AREN'T, THEY'RE INSIDE OF MY PARKING SPACE. UH, WE HAVE A DEALER RIGHT NEXT TO US. THEY LEAVE THEIR CARS OUTSIDE WITHOUT TAGS. AND THAT'S, I MEAN, WHETHER THEY HAVE OR NOT, I DON'T CHECK THEM OFTEN, SO I DON'T KNOW WHAT WHAT TO SAY ABOUT THAT. SO THE CARS THAT ARE PARKED IN FRONT OF YOUR PARKING LOT ON THAT SIDE OF THE STREET ARE NOT YOURS? NO. THAT DON'T HAVE TAGS AND EVERYTHING. OUR TAG, OUR CARS HAVE TAGS AND THE ONES DON'T HAVE TAGS INSIDE OF THE PARKING SPACE. I JUST KNOW THERE'S A REALLY BAD PROBLEM WITH THAT SIDE AND THE OTHER SIDE OF THE STREET. IT'S A SAFETY ISSUE AND IF, IF THERE'S ANY ISSUE WITH THE CARS, WE CAN MOVE THEM. IT HAS NOTHING TO DO WITH THE ADDITION OF THE, THAT WE WOULD LIKE TO DO. OKAY. SO I'M ASSUMING THAT THE STRUCTURE WOULD'VE BEEN NON-CONFORMING UNDER THE OLD ZONING OR IT, I MEAN, BECAUSE IF THERE'S A REAR SETBACK REQUIRED, THEN THERE IS, I MEAN, THERE'S NO WAY THEY COULD HAVE A 30 FOOT REAR SETBACK ON THAT PROPERTY. WELL, IT WAS INITIALLY BASED ON THE STAFF ANALYSIS, IT WAS INITIALLY CONSTRUCTED IN 1945, SO IT WOULD'VE BEEN PREZONING GRANDFATHERED. OKAY. I'M NOT SURE WHAT ZONE, DO WE KNOW WHAT ZONE IT WAS BEFORE THE NEW ZONING ORDINANCE AND BECAUSE SOME OF THE, SOME OF THE ZONES THAT WE HAVE HAVE VERY SMALL SETBACKS. OKAY. BUT IT, IT MAY HAVE BEEN A NON-CONFORMING USE. IT'S CLEARLY WOULD BE A NON-CONFORMING USE AND THAT'S WHY THE VARIANCE IS BEING ASKED FOR NOW. OKAY. ANY OTHER QUESTIONS CURRENTLY? NO, NOT RIGHT NOW. NO. ALL RIGHT. WE'LL MOVE ON TO STAFF. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE C, REAR SETBACKS C FOUR TO ALLOW FOR LESS THAN THE 30 FOOT, UM, MINIMUM REAR SETBACK REQUIREMENT IN MIXED USE COMMERCIAL. THREE. THE PROPOSED ADDITION WILL HAVE A REAR SETBACK OF APPROXIMATELY 1.5 FEET. THIS BUILDING WAS INITIALLY CONSTRUCTED IN 1945 AND HAD THE PROPOSED ADDITION AS PART OF THE STRUCTURE. A FIRE OCCURRED IN 2016 AND THE DAMAGE SECTION WAS REMOVED IN 2021. A PERMIT HAS BEEN FILED FOR THE NEW ADDITION, BUT THERE ARE BUILDING CODE CONCERNS IN ADDITION TO IT NOT MEETING THE REAR SETBACK REQUIREMENT. WORK STARTED BEFORE THE PERMIT WAS SUBMITTED AND A STOP WORK ORDER WAS PLACED ON THE PROJECT, UM, WHICH CAME FROM A COMPLAINT THAT THE CITY RECEIVED. CONSTRUCTION OF THE WALL WHEN COMPLETED AS PROPOSED, WILL BLOCK AN EGRESS WINDOW TO AN APARTMENT BEDROOM. AND THE SMALL GAP BETWEEN THE BUILDINGS COULD POTENTIALLY CAUSE SOMEONE TO BE TRAPPED. STAFF RECOMMENDS THE HEIGHT OF THE WALL BE REDUCED TO BELOW THE NEIGHBORING WINDOW AND A METAL GRATE TO BE INSTALLED TO ALLOW WATER FLOW. THIS WOULD ALSO PREVENT THE POSSIBILITY OF ENTRAPMENT BETWEEN THE BUILDINGS. FULL CONSTRUCTION DRAWINGS ARE STILL NEEDED AND ALL OTHER BUILDING PERMIT COMMENTS WILL NEED TO BE ADDRESSED IF THE BOARD OF ZONING APPEALS APPROVES THE VARIANCE BEFORE THE PERMIT WILL BE ISSUED AND WORK CAN CONTINUE. ANY QUESTIONS FOR STEPH? 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. IN ORDER A GRANT OF VARIANCE, WE DO HAVE TO GO THROUGH THE POINTS OF A VARIANCE. DOES ANYBODY HAVE ANY QUESTIONS BEFORE WE DO SO? NO. NO. OKAY. ALL RIGHT. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENTS. IF THE, IF, IF THE WALL WERE LOWERED YEAH. SO THAT THAT WINDOW WERE ACCESSIBLE AND THE WATER FLOW AND THE GRATE WERE PUT UP, I WOULD AGREE WITH THAT. YEAH, I AGREE WITH THAT. AND THE WATER FLOW WOULD BE WITH THE METAL GRATE IF THERE'S A, TO ALLOW FOR THE WATER TO FLOW THROUGH THERE AND ESPECIALLY SO NO ONE COULD BE TRAPPED IN THAT OTHER APARTMENT. YEAH. [00:10:01] 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. AGREED. AGREED. I WOULD AGREE. YEAH. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREED. YEAH. AGREED. IT WILL, UH, ALLOW THE ANTENNA OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. I AGREED. AND CHAIRWOMAN, JUST SO THAT WE'RE CLEAR, IS THE VARIANCE BEING GRANTED CONTINGENT UPON THE REDUCTION OF THE HEIGHT OF THE WALL? THE METAL GRATE ALSO IN THE STAFF ANALYSIS, IF YOU'LL NOTE THERE WAS A QUESTION ABOUT, UH, THE, THE, THE PLANS AND OTHER BUILDING CODE CONCERNS, THOUGH TYPICALLY THAT'S NOT PART OF WHAT WE DO, WE MAY WANNA MAKE THIS VARIANCE CONTINGENT UPON THEM PROVIDING THE BUILDING OFFICIAL THE APPROPRIATE DOCUMENTATION. YEAH. AND THAT ALL CODE IS FOLLOWED IN CONSTRUCTION. OKAY. ALRIGHT, THEN I'LL ENTERTAIN A MOTION. I MOVE TO APPROVE THE VARIANCE FOR PROJECT 2026 DASH 37 V, UH, 7 0 3 NORTH QUEEN STREET VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE C C4 TO REDUCE REAR SETBACK IN MU C3 WITH THE PROVISION THAT THE, UM, HEIGHT OF THE, UH, WALL THAT IS BEING CONSTRUCTED IS LOW ENOUGH SUCH THAT THE, UM, WINDOW OF THE ADJOINING PROPERTY IS NOT BLOCKED. THAT THERE IS A METAL GRATE BETWEEN THE TWO BUILDINGS COVERING THAT, UH, ONE AND A HALF FOOT GAP TO ALLOW WATER RUNOFF AND TO PREVENT ANY SAFETY ISSUES. AND THAT ALL, UM, BUILDING CODES ARE FOLLOWED AND APPROPRIATE DOCUMENTATION IS, IS FILED AND, UM, SIGNED OFF AND DEALT WITH BY THE, UH, PLANNING DEPARTMENT. OKAY. I HAVE A MOTION. DO I HAVE SECOND? I SECOND. OKAY. A MOTION TO SECOND ON THE TABLE. 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. THANK YOU. YOU'RE WELCOME. ALL RIGHT. PROJECT NUMBER 20 26 38 V VARIANCE. THE PROPERTY IS LOCATED AT 1294 EDWIN MILLER BOULEVARD AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 26 AS PARCEL FIVE. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 6.01 TO ALLOW FOR MORE THAN ONE SIGN PER BUILDING WALL IN MU C3. IS THAT CALLIE OR CALLIE? UH, CALLIE'S NOT PRESENT. UM, WE'RE AT AK PATEL AND DARA PATEL, WERE THE PROPERTY OWNERS OF THIS LOCATION. OKAY. IF YOU BOTH WILL STATE YOUR ADDRESS, PLEASE. YEAH. 1200 DUAL HIGHWAY HAGERSTOWN, MARYLAND, 2 1 7 4 0. IS THAT FOR BOTH OF YOU? YEAH. OKAY. RAISE BOTH OF YOU. RAISE YOUR RIGHT HAND AND 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. PLEASE PROCEED WITH EXPLAINING WHAT IT IS YOU'RE TRYING TO DO. YES. SO THE, UM, AS PER, OBVIOUSLY, IT'S A, UM, DUNCAN LOCATION, WHICH IS A FRANCHISED, UH, BUSINESS, UH, WITH THE, UH, LATEST, UM, BRAND BRANDING REQUIREMENTS. IF YOU SEE THE PICTURE TO THE RIGHT, UM, THERE WAS A SINGLE, UM, I'M NOT SURE WHAT THAT BOX IS CALLED, BUT IT WAS A, A FACE THAT WAS, THAT'S, THAT'S OBVIOUSLY BEEN REPLACED SEVERAL YEARS. UM, EVERY 10 YEARS WE HAVE A REQUIREMENT TO, UH, RE REMODEL THE LOCATION, INTERIOR AND EXTERIOR. AND UNFORTUNATELY ON THIS TIME AROUND, UM, THE BRAND DECIDED TO MOVE OUT THE DRIVE THROUGH, WHICH WAS ON THE TOP OF THAT BOX AND TO KIND OF MOVE IT ON THE SIDE JUST FOR BRANDING. UM, AND WHAT HAPPENED, YOU SEE THE COMPANY DESIGN TEAM, SO THEY DID FILE A, UH, PERMIT FOR SIGNAGE. UM, AND, UH, THEY, THEY OBVIOUSLY DID GET THE PERMIT TO, UH, INSTALL THE SIGNAGE, BUT THEY DIDN'T REALIZE THAT THE CURRENT, UH, ORDINANCE HAD IT AS ONE SIGN PER FOR PER SIDE. UM, AND THEN AGAIN, THEY INSTALLED IT. UM, AND THEREAFTER WE RECEIVED AN OBVIOUSLY A LETTER STATING THAT THIS WAS THEIR, THE REQUIREMENTS AND WE HAD TWO SEPARATE SIGNS. SO THIS VARIANCE REQUEST IS, UH, REQUESTING THAT AS PER THE BRAND STANDARDS, THEY'VE, THEY'VE KIND OF MOVED THE DRIVE THROUGH OUT ON THAT ONE SIDE. THERE ARE THREE SIDES ON THIS BUILDING THAT HAVE THE DUNCAN LOGO, BUT SINCE THIS SIDE IN PARTICULAR IS FOR THE DRIVE THROUGH THE BRAND, OR DUNCAN WANTED TO ADD THE DRIVE THROUGH SEPARATE FROM THIS DUNCAN. SO OBVIOUSLY WE'VE SPLIT AND NOW IT'S CONSIDERED TWO SIGNS. SO THAT'S PRETTY MUCH WHY WE'RE HERE FOR THE VARIANCE. [00:15:01] OKAY. ANY QUESTIONS? NO. OKAY. STEPH, ANY APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE SIX, TABLE 6.01, BUILDING SIGNS, WALL SIGNS TO ALLOW FOR MORE THAN ONE WALL SIGN ATTACHED TO A BUILDING WALL IN MIXED USE COMMERCIAL THREE PER TABLE 6.01. THE MAXIMUM NUMBER OF SIGNS PER BUILDING WALL IS ONE. THE PREVIOUS DUNKIN DONUTS SIGN HAD DUNKIN DONUTS AND DRIVE THROUGH COMBINED AS ONE SIGN IN THE DRIVE THROUGH AREA. THE NEW SIGN PERMIT REQUESTS INDICATES THEY'RE SEPARATE SIGNS AS PART OF THE PERMIT REVIEW. OTHER OPTIONS TO CREATE THE EFFECT OF ONE SIGN WERE PRESENTED BY THE DEPARTMENT, BUT THE SIGNS WERE ALREADY INSTALLED. THE DUNCAN SIGN IS 12.7 SQUARE FEET AND THE DRIVE THROUGH SIGN IS 7.3 SQUARE FEET FOR A COMBINED TOTAL OF 20 SQUARE FEET. THE TOTAL SQUARE FOOTAGE FALLS WITHIN THE ALLOWABLE LIMITS OF TWO SQUARE FEET PER LINEAR FOOT OF BUILDING WALL. ANY QUESTIONS FOR STAFF? NO. 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. THIS IS A VARIANCE. SO WE DO HAVE TO GO THROUGH THE SAME POINTS AS WE WENT THROUGH ON THE LAST VARIANCE. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF THE ADJACENT PROPERTY OWNERS OR RESIDENTS. 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 VARIANT. AGREED. TECHNICALLY BECAUSE OKAY. THEY, THEY WOULD NOT HAVE DONE TWO SIGNS IF THE FRANCHISE DIDN'T REQUIRE IT AND AS PART OF THE FRANCHISE, UM, THAT'S WHAT THEY'RE DOING. I GUESS , YOU KNOW, UM, I MEAN IT IS CLEARLY TWO SIGNS. UM, BUT THEY WOULDN'T HAVE MADE IT TWO SIGNS IF THE FRANCHISE HAD NOT REQUIRED THAT THEY MAKE IT TWO SIGNS. CORRECT. WHICH IS WHY I DON'T THINK THAT IT'S AT FAULT BY THE PROPERTY OWNER. YEAH. BUT MORE OF THE FRANCHISE ITSELF. YEAH. AGREE PERSONALLY, I AGREE. SO NO FAULT THERE OWN AND IT IS WITHIN, UH, I THINK IT'S ACTUALLY SUBSTANTIALLY UNDER THE SIZE THAT THEY WOULD YES. I MEAN, THEY COULD HAVE THIS HUGE SIGN OVER THAT ENTIRE CORRECT. OKAY. YEAH. SO THEY'RE WELL WITHIN ALLOWABLE SQUARE FOOTAGE. DO YOU AGREE, BRENDA? I WOULD AGREE. YEAH. OKAY. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE, AGREE. AGREED. MADAM CHAIRMAN, I'D LIKE TO POINT OUT THE APPLICANT HAS SAID THAT THE REASON THAT THE HARDSHIP, AND I'M NOT SAYING THE HARDSHIP DOESN'T EXIST, BUT TO ELIMINATE THE NEED TO UNINSTALL REPAIR AND REINSTALL IS NOT A SUFFICIENT REASON, BUT THERE MAY BE OTHER REASONS, BUT THAT WHAT'S LISTED IS NOT A SUFFICIENT REASON. I AGREE. AGREED. OKAY. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. AGREED. OKAY. UM, WE HAVE GONE THROUGH ALL THE POINTS OF A VARIANCE. I'LL ENTERTAIN A MOTION IF THERE'S NO OTHER QUESTIONS. I MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED AT 1294 EDWIN MILLER BOULEVARD, PROJECT 2026 DASH 38 V TO ALLOW FOR MORE THAN ONE WALL SIGN PER BUILDING WALL. I HAVE A MOTION. DO I HAVE A SECOND? I SECOND IT. OKAY. A MOTION AND A SECOND. ANY FURTHER DISCUSSION? NOPE. ALL IN FAVOR SIGNIFY BY SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. THANK YOU. ALL RIGHT. PROJECT NUMBER 2026 DASH 39 DASH V. IT'S A VARIANCE. THE PROPERTY IS LOCATED AT 1 0 9 NORTH RED HILL ROAD AND IDENTIFIED ON BERKELEY COUNTY TAX MAP EIGHT AS PARCEL 10. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH THREE DD 0.1 TO EXCEED FRONT SETBACK FOR OUTBUILDINGS AND SR ONE DOLAN RUSH. YES. OKAY. IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD. SURE. DOLAN RUSH. I LIVE AT 1 0 9 NORTH RED HILL ROAD. RAISE YOUR RIGHT HAND. CAN [00:20:01] I SWEAR YOU IN THE INFORMATION, THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES. OKAY. NOW PLEASE EXPLAIN WHAT IT IS THAT YOU'RE LOOKING TO KNOW. OKAY. UH, MOVING MY PARENTS INTO MY GARAGE, SO I NEED A SHED. AND BEFORE 2021 IT WOULD'VE BEEN AN ISSUE, BUT SINCE 2021, THEY WANT THE SHED TO BE CLOSER TO THE HOUSE ON RED HILL ROAD IS ON A HILL. AND SO, UM, WELL, THE PICTURE'S NOT UP THERE, BUT I HAVE NO PROPERTY ON EITHER SIDE OF MY HOUSE, AND SO IT, WE WOULD NEED TO PUT IT CLOSER TO THE, THERE YOU GO. UH, TO THE RIGHT HAND SIDE, WHICH IS TOWARD THE ALLEY, WHICH IS ALSO CONSISTENT WITH EVERY OTHER HOUSE ON THE BLOCK. ALL OF THOSE SHEDS ARE AT THE SAME PLACE BECAUSE LIKE I SAID, THERE DIDN'T USED TO BE A PROBLEM WITH THAT. UM, SO IT WOULD NEED TO GO TOWARD THE RIGHT, ONCE THE GROUND LEVELS OUT. OTHERWISE IT WOULD BE COST PROHIBITED TO TRY AND GRADE OUR WHOLE YARD. IT'S A BIG YARD. UM, SO, YEP. OKAY. ANY QUESTIONS FOR THE APPLICANT? NO, NOT CURRENTLY. STAFF THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE ARTICLE THREE, FIGURE THREE DASH 3D D1 TO EXCEED FRONT SETBACKS FOR OUTBUILDINGS IN SR ONE, THE ZONING ORDINANCE STATES THAT FRONT SETBACKS FOR OUTBUILDINGS ARE TO BE 10 FEET PLUS THE FRONT SETBACK. THE PROPOSED FRONT SETBACK IS 170 FEET FOR THE OUTBUILDING PERMIT HAS BEEN FILED FOR THIS PROPOSED 12 BY 24 STORAGE BUILDING. THE APPLICANT IS CONVERTING THEIR GARAGE INTO AN ADDITIONAL BEDROOM, AND THE ITEMS FROM THE GARAGE WILL NEED TO BE MOVED INTO THE NEW STORAGE BUILDING. THE BACKYARD DOES HAVE SOME ELEVATION CHANGES, WHICH MAKE THE PROPOSED LOCATION OF THE SHED THE MOST IDEAL. ALL OTHER SETBACKS WILL BE REQUIRED TO BE MET. QUESTIONS FOR STAFF? NO. NO. NO. 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. PUBLIC PORTION IS NOW CLOSED. ALRIGHT. ANY QUESTIONS FOR STAFF OR APPLICANT BEFORE WE NO. OKAY. AGAIN, WE HAVE TO GO THROUGH THE VARIANCE POINTS. A, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF 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. I WOULD AGREE. AGREE. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE. I AGREE. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. OKAY. ALL POINTS HAVE BEEN MET. I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AT 1 0 9 NORTH RED HILL ROAD PROJECT 2026 DASH 39 DASH V TO ALLOW FOR 170 FOOT FRONT SETBACK FOR A SHED LOCATED IN THE REAR OF THE PROPERTY. OKAY. I HAVE A MOTION, DO I HAVE A SECOND? 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 VERY MUCH. THANK YOU. OKAY. PROJECT NUMBER 2026 DASH 39 DASH V VARIANCE. THE PROPERTY IS LOCATED OFF NORTH, NORTH RALEIGH STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP ONE AS PARCEL 1 0 5. THE APPLICANT IS REQUESTING VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE C, C 0.1, C 0.4, AND F 0.1 TO EXCEED FRONT SETBACK, REDUCE REAR SETBACK AND ALLOW FOR FRONT PARKING IN MUC CAPE COFFEE. KIMBERLY PETRU WITH GREENWAY ENGINEERING 7 0 4 FOXCROFT AVENUE, MARTINSBURG, WEST VIRGINIA. 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. OKAY. THIS IS, UM, PROPOSED TO BE A 95 TO 99 UNIT TOWN HOME DEVELOPMENT. IT'S SERVED BY PUBLIC WATER AND SEWER. IT HAS AN EXISTING ACCESS OFF OF RALEIGH STREET AND WE'RE JUST GOING FOR THESE VARIANCES. SO IT WOULD MAKE THE, UM, DEVELOPMENT FLOW SMOOTHER. UM, IT, UH, MEETS THE COMPREHENSIVE PLAN AS IT WILL PROVIDE WALKABILITY TO DOWNTOWN AND TO THE NEW BUS STATION. OKAY. [00:25:01] ANY QUESTIONS? ARE THERE EVER GONNA BE ANY, IS THERE JUST GONNA BE THAT ONE ENTRANCE BECAUSE YES. SO THERE'S A HUNDRED CARS IN AND OUT OF THAT ONE ENTRANCE. THE SUBDIVISION ORDINANCE REQUIRES TWO ENTRANCES IF THERE ARE MORE THAN 100 UNITS. SO THE, THE DEVELOPMENT WILL MEET ALL THE SUBDIVISION REQUIREMENTS AND THE STORM WATER MANAGEMENT REQUIREMENTS. OKAY. ANY QUESTIONS CURRENTLY? OKAY. LET'S DO STAFF REPORT. THE APPLICANT IS REQUESTING THREE VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE MU C3 C 0.1 C 0.4 AND F1 TO EXCEED THE FRONT SETBACK, REDUCE THE REAR SETBACK AND ALLOW FOR FRONT PARKING IN MUC DASH THREE PER THE ZONING ORDINANCE, THE FRONT SET SETBACK FOR MIXED USE COMMERCIAL THREE IS EIGHT FOOT MINIMUM AND 16 FOOT MAXIMUM. THE APPLICANT IS REQUESTING A FRONT SETBACK OF 25 FEET MINIMUM. THIS INCREASE IN FRONT SETBACK WOULD ALLOW FOR ADEQUATE DRIVEWAY SPACE IN FRONT OF THE PROPOSED TOWN HOMES. THE REAR SETBACK REQUIREMENT, PORT PER ORDINANCE IS 30 FEET MINIMUM. THE APPLICANT IS REQUESTING A 10 FOOT MINIMUM SETBACK. IF THE REQUESTED FRONT SETBACK IS APPROVED. THE 30 FOOT REAR SETBACK MINIMUM WOULD LIKELY LIMIT THE ABILITY FOR DECK PATIOS, ET CETERA, TO BE ADDED ONTO THE PROPOSED TOWN HOMES. DEPENDING ON THE BUILDING HOME FOOTPRINT, PARKING IS ONLY ALLOWED IN THE REAR FOR MU C3. GRANTING FRONT PARKING WOULD ALLOW FOR THE PROPOSED FRONT LOADING TOWN HOMES. NO OFFICIAL SITE PLAN HAS BEEN SUBMITTED AT THIS TIME. A CURB CUT IN ROADWAY STUBS PREEXISTING OFF OF NORTH RALEIGH STREET FOR FUTURE DEVELOPMENT. ANY QUESTION FOR STAFF OR THE APPLICANT? UM, I KNOW THAT IN THE PAST WE HAVE NOT IN IN RE REDEVELOPMENT AREAS, WE HAVE GRANTED VARIANCES FOR THE, UM, FRONT PARKING. UM, IS THERE A REASON WHY SINCE THIS IS A COMPLETELY NEW DEVELOPMENT, THERE IS NOTHING THERE, IS THERE A REASON WHY THE FRONT PARKING, YOU'RE GOING FOR THE FRONT PARKING AS OPPOSED TO THAT REAR ACCESS, WHICH THE CODE? YES. I STATED IN SOME OF MY, UM, POINTS THAT THE IRREGULARITY OF THE PROPERTY, IF IT WOULD, IF WE WOULD PROVIDE ALLEYS FOR REAR PARKING, WE'D ALSO HAVE TO HAVE DR, YOU KNOW, A A A FRONT STREET. IT WOULD JUST BE A MAZE OF IMPERVIOUS AREA AND IT WOULD BE CONVOLUTED FOR GARBAGE COLLECTION, MAIL DELIVERY, THINGS OF THAT SORT. AND WE FEEL THAT JUST THE FRONT PARKING WOULD ALLEVIATE SOME OF THE SECURITY ISSUES THAT MAY BE CAUSED BY THE ALLEY ACCESS. AND I PRESUME OKAY. THE, THE, UM, I GUESS THIS WOULD BE THE, OH, I DON'T KNOW WHICH SIDE, THE SIDE CLOSEST TO THE RAILROAD TRACKS. I ASSUME THERE IS NO BUILDABLE PROPERTY, SO THE FACT THAT THERE'S A REAR SETBACK THAT'S SHORTER IS NOT GONNA IMPINGE ANY OTHER 'CAUSE THERE BE NO OTHER BUILDING THERE, CORRECT? THAT IS CORRECT. WHAT ABOUT THAT, THE OTHER SIDE? THE, THE NORTH SIDE? YEAH. WHERE I GUESS THE TRACKS ON THE OTHER SIDE PARTIALLY FLOODPLAIN AND THEN THERE'S A WEST VIRGINIA DEPARTMENT OF TRANSPORTATION TRACK. UM, I GUESS WHAT I'M ASKING OR NOT, I GUESS WHAT I AM ASKING IS ON THOSE, UM, AT SOME POINT WOULD THERE BE BUILDING ON THOSE THAT THEN THIS, THE REDUCTION IN THE REAR SETBACK ON THIS WOULD BE IMPINGING ON THE OTHER DEVELOPMENT? I MEAN, IF NOT, I ACCEPT THAT. I'M JUST ASKING THROUGH, DON'T THINK THERE'D BE MUCH [00:30:01] ROOM FOR IT IF THEY SAID THERE WOULDN'T HAVE BE ENOUGH ROOM FOR DECKS, DIDN'T THEY SAY THAT IN THE ANALYSIS THAT WHEN THEY, WHEN IT MOVES TO 10 WHATEVER, THE SETBACK WON'T EVEN ALLOW FOR ADEQUATE, UH, DECKS BACK THERE? IT RIGHT. BESIDES THE 10 FOOT SETBACK, THERE WOULD ALSO BE A 10 FOOT ACCESS EASEMENT ALONG THE REAR ALSO. OKAY. TO, OKAY. OKAY. GOT IT. ANY OTHER QUESTIONS? NO. NO, NO. BRENDA ASKED MY QUESTION SO YEAH, MINE TOO. SORRY. NO NEED TO APOLOGIZE. DON'T BE SORRY. OKAY. UM, NO OTHER QUESTIONS. WE'LL MOVE ON TO 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. GOING THROUGH THESE POINTS OF THIS VARIANCE, DO WE HAVE TO DO EACH ONE OF 'EM SEPARATE? CORRECT. YES. OKAY. OKAY. SO IN ORDER TO GRANT A VARIANCE, WE HAVE TO DO EACH ONE OF THESE SEPARATE. SO BEAR WITH US BECAUSE WE'LL HAVE TO READ THIS MULTIPLE CHOPS. LET ME FIND MY QUESTIONS HERE. I JUST HAVE, OKAY. ALL RIGHT. THE FIRST ONE THAT WE WILL ADDRESS IS THE, I THINK THE FRONT SETBACK WAS LISTED FIRST. YEP. FRONT SETBACK IS THE FIRST THING THAT WE'RE GONNA GO OVER RIGHT NOW. ALL RIGHT. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE, AGREE. AGREE. IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAINS TO THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT AND WHICH WERE NOT CREATED BY THE PERSON SEEKING THE VARIANCE. AGREE. 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. WE HAVE MET ALL POINTS FOR THE FRONT SETBACK. I'LL ENTERTAIN A MOTION I MOVE TO APPROVE THE FIRST VARIANCE TO, UH, EXCEED THE FRONT BACK, FRONT SETBACK FOR PROJECT 2026 DASH 39 DASH V UH, PROPERTY, LOCATED OFF NOT NORTH RALEIGH STREET. UH, VARIANCE TO EXCEED THE, UH, FRONT SETBACK. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND IT. OKAY. A MOTION AND SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED? OKAY. MOTION CARRIES. YOU'LL GET A CITY OR A LETTER FROM THE CITY WITHIN 30 DAYS. ALL RIGHT, NEXT ONE IS THE REAR SETBACK. OKAY. UM, A, IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE. 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. AGREED. AGREED. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. AGREED. OKAY. WE HAVE MET ALL THE POINTS. I'LL ENTERTAIN A MOTION. GO AHEAD, BRENDA. OKAY. I MAKE , I MAKE A MOTION TO, UH, WAIT, MEAN WHICH ONE? WHICH ONE ARE WE ARE ON THE FRONT REAR, REAR SETBACK, REAR SETBACK TO REDUCE THE REAR SETBACK FOR, UM, IN PROJECT 20 20 20 26 DASH 39 DASH V VARIANCE TO REDUCE THE REAR SETBACK FOR THE PROPERTY LOCATED OFF NORTH RALEIGH STREET. UM, OKAY. HAVE A MOTION. DO I HAVE A SECOND? I SECOND IT. OKAY. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED. MOTION CARRIES. SO YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. MM-HMM . ALL RIGHT. NOW THE THIRD ONE IS TO ALLOW FOR FRONT PARKING IN THE MU C3 DISTRICT WHO WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE, OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREED. AGREE. [00:35:01] IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH A VARIANCES 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. AGREE. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREE. AGREED. OKAY. ALL POINTS HAVE BEEN MET. UH, WE'LL ENTERTAIN A MOTION. YOU'RE UP, BRENDA. OKAY. I MAKE MOTION TO APPROVE THE VARIANCE FOR PROJECT, THE THIRD VARIANCE FOR PROJECT 2026 DASH 39 DASH V PROPERTY LOCATED OFF NORTH NORTH RALEIGH STREET VARIANCE TO ALLOW FRONT PARKING IN MU C3 DISTRICT HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND 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. THANK YOU. THANK YOU. OKAY, THE NEXT ONE IS PROJECT 2026 DASH 41 DASH SE. THIS IS A SPECIAL EXCEPTION. THE PROPERTY IS LOCATED AT FOUR 15 WILSON STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 21 AS PARCEL 180. THE APPLICANT IS REQUESTING A SPECIAL EX EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR A HIGH SCHOOL IN UUR TWO. MARIA BY PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. OF COURSE. MARIA BIRD 41 CLAIMANTS HILL STREET, CHARLESTOWN, WEST VIRGINIA. OKAY. RAISE YOUR RIGHT HAND PLEASE. DO YOU SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH AND NOTHING, BUT I DO. OKAY. PLEASE. HELLO. I AM THE PRINCIPAL OF ST. JOSEPH'S SCHOOL AND THIS YEAR WE OPENED OUR GRADE NINE. UM, THE STUDENTS SHARE THE BUILDING WITH THE MIDDLE SCHOOL CURRENT STUDENTS AND THANKS BE TO OUR, OUR POPULATION CONTINUES TO GROW. WE ARE SET TO RECEIVE 500 STUDENTS PRE-K THROUGH THE GRADE 10 AS WE'RE, UH, PLANNING ON ADDING ONE GRADE LEVEL PER YEAR. AND AT THIS POINT, UH, WE NEED MORE SPACE FOR OUR HIGH SCHOOL STUDENTS TO, TO BE EDUCATED. AS YOU'RE FAMILIAR POTENTIALLY WITH OUR CAMPUS, THERE ARE NOT AVAILABLE PROPERTIES IN THE IMMEDIATE, UM, PLACE OF OUR CAMPUS. SO WE, UM, PURCHASE THE, WITH THE HELP OF BISHOP BRENNAN, THE PROPERTY LOCATED ON FOUR 15 WILSON STREET. UM, I KNOW THAT PRIOR TO THIS THERE WAS AN EXCEPTION IN PLACE. WE ARE REQUESTING THAT WE RECEIVE THIS EXCEPT TO OPERATE IN THIS BUILDING AS A HIGH SCHOOL. UM, WE ALSO WANNA SHARE THAT WE EXPECT OUR POPULATION TO BE VERY SMALL GRADE. RIGHT NOW WE HAVE 12 STUDENTS, 12 FRESHMEN, AND WE HOPE TO, UM, TO ACHIEVE ENROLLING 30 STUDENTS FOR THE UPCOMING SCHOOL YEAR, WHICH WILL BE 30 STUDENTS, PLUS ABOUT MAYBE EIGHT STAFF MEMBERS OR SO. AND SO, UM, WE'RE PLANNING ON ADDING 40 PARKING STALLS GIVEN THAT THIS IS GRANTED AND WE HAVE A BUS WILL, WHICH WILL BRING SOME OF A THIRD OF OUR STUDENTS, MAYBE 10 OF THEM. DEALER ONES WILL BE COPYWRITERS. WE ARE HOPING THAT IF THIS GOES TRUE, THEN WE CAN APPLY TO THE CITY TO OBTAIN THE PROPER SCHOOL ZONING, WHICH, UM, WE BELIEVE WILL IMPACT IN A POSITIVE MANNER. THE SAFETY OF THE NEIGHBORHOOD, POTENTIALLY ADJUSTING THE SPEED LIMIT TO THE STATE APPROVED 15 MILES PER HOUR AND SOME OTHER, UM, BENEFITS TO THE NEIGHBORHOOD LIKE CROSSWALKS. AND, UM, AND ACTUALLY WE DO HAVE A SCHOOL RESOURCE OFFICER APPROVED TO COME TO US AS ONE OFFICER. SO EVEN THE PRESENCE OF, UM, OF LAW ENFORCEMENT CAN, UH, IMPROVE THE SAFETY OF THE NEIGHBORHOOD. SO RIGHT NOW, UM, LIKE I SAID, WE ONLY HAVE NINTH GRADERS, BUT WE, OUR STUDENTS ARE RESPECTFUL AND WONDERFUL. WE'RE HOPING THAT WE'RE GIVING THEM NOT JUST THE, THE LEARNING THEY NEED, BUT THE FLOURISHING AS A WHOLE PERSON. AND EVEN THOUGH WE EDUCATE ON THE, UM, AS A PRIVATE PAROCHIAL, UH, CATHOLIC SCHOOL UNDER THE SPIRIT OF THE GOSPEL, I JUST WANT TO REASSURE EVERYONE THAT THERE ARE ALSO GOOD CITIZENS, UM, OF OUR NEIGHBORHOOD. SO I RESPECTFULLY REQUEST THAT OUR SIGNING APPLICATION IS APPROVED. THANK YOU. THANK YOU. ANY QUESTIONS FOR THE APPLICANT? SO FOR THIS COMING YEAR, YES. YOU EXPECT 30 STUDENTS INCLUDING THE RETURNING ONES IN NINTH GRADE CURRENTLY? YES. OKAY. AND WHAT ABOUT IN FUTURE YEARS? WE HAVE, UM, MODEST PROJECTION. WE HOPE THAT MAYBE IN THE FOLLOWING YEAR WE CAN ACQUIRE 15 MORE TO 20. MAYBE WE CAN REACH 50 STUDENTS. AND THEN THE FOLLOWING YEAR, YOU KNOW, A FEW MORE. WE ARE NOT, UM, PLANNING ON BEING A COUPLE HUNDRED STUDENTS HIGH SCHOOL. THERE'S NO SPACE FOR THAT. WE JUST, UH, YOU KNOW, TO BE A CHOICE FOR THE PARENTS THAT ARE CURRENTLY ENROLLED IN OUR MIDDLE SCHOOL PROGRAM TO BEGIN WITH. [00:40:01] AND OUR, THE, THESE STUDENTS FAMILIES HAVE REQUESTED THIS OF US AND WITH MARIA ALREADY CLOSING THE, THE CLOSEST HIGH SCHOOL TO US IN HAGERSTOWN IN MARYLAND, THERE WERE NO MORE CATHOLIC SCHOOL CHOICES IN THE AREA. SO WE'RE JUST RESPONDING TO PARENT REQUEST? YES, MA'AM. OKAY. STAFF, THE APPLICANT IS PROPOSING TO CONVERT THE EXISTING WVU CRISIS CENTER AND RECOVERY CENTER INTO A HIGH SCHOOL FOR THE PURPOSE OF EXPANDING ST. JOSEPH'S EDUCATIONAL PROGRAM. THE APPLICANT IS REQUESTING SPECIAL EXCEPTION PURSUANT TO TABLE 4.01 OF THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A HIGH SCHOOL IN THE URBAN RESIDENTIAL DISTRICT. THE ORIGINAL STRUCTURE WAS BUILT IN 1955 AND HAD AN ADDITION BUILT IN 1997. IT HAS HAD SEVERAL RENOVATION PROJECTS OVER TIME. HIGH SCHOOLS REQUIRE 0.4 SPOTS PER STUDENT PER THE SUBDIVISION AND LAND ORDINANCE. PHASE A WILL BE 30 STUDENTS, SO 12 PARKING SPOTS WILL BE NEEDED FOR THIS PROPERTY. THE BUILDING CURRENTLY HAS 10 EXISTING PARKING SPOTS WITH ADEQUATE SPACE TO ADD ADDITIONAL PARKING BUILDING PERMIT WILL BE REQUIRED FOR THE RENOVATION AND HAS NOT BEEN FILED FOR. PHASE B WILL CONSIST OF AN EXPANSION TO ADD ADDITIONAL CLASSROOMS, WHICH WILL REQUIRE A SITE PLAN AND ADDITIONAL PARKING SITE PLAN HAS NOT BEEN SUBMITTED. MARTINSBURG HIGH SCHOOL IS SITUATED JUST A FEW BLOCKS AWAY FROM THIS PROPOSED LOCATION AND IS ALSO ZONED URBAN RESIDENTIAL. ITS USE AS A HIGH SCHOOL WAS GRANDFATHERED IN AS IT EXISTED PRIOR TO THE REZONING. OKAY. ANY QUESTIONS FOR STAFF OR THE APPLICANT? NOT CURRENTLY. 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? OH, . SORRY IT WASN'T QUICK ENOUGH. YOU'RE GOOD. . UM, MY NAME IS, UH, CHUCK BRANCH. I'M AN ENGINEER WITH ALPHA ASSOCIATES, UH, 5 35 WEST KING STREET HERE IN MOR, IN MARTINSBURG. UM, THIS, THIS PROJECT, THEY CAME TO US FOR THIS PROJECT AFTER THEY BOUGHT IT. UM, I WANNA POINT OUT THAT BOTH RALEIGH STREET AND WILSON STREET ARE MAJOR COLLECTORS AND THAT IS A FOUR WAY STOP SIGN. CURRENTLY, UM, AT THE INTERSECTION OF WILSON AND RALEIGH, UH, BUSING PLANS, THEY PLAN TO HAVE ONE BUS PER DAY, UH, CURRENTLY AND WE EXPECT THAT TO BE UNLOADING, UH, THERE ON WILSON STREET. SO TRAFFIC IMPACT WILL BE MINIMAL. OKAY. BUT THAT'S, THAT'S ALL I HAVE. OKAY. ANYBODY ELSE WISHING TO SPEAK IN FAVOR OF THE APPLICANT? NOBODY COMING FORWARD. ANYBODY WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS FOR THE RECORD. GOOD EVENING, BARBARA BRETT, ONE 16 NORTH TENNESSEE AVENUE. THERE'S AN OLD SAYING, MARIAN HASTE REPENT. AT LEISURE, YOU ARE ASKED TO APPROVE A PROPOSAL WHICH IS POORLY PLANNED. LACKS INFORMATION NEEDED FOR YOUR APPROVAL AND IS BASED ON UNSUBSTANTIATED CONDITIONS. POOR PLANNING. THE DESIGNED HANDICAPPED PARKING SPACE IS NOT ON THE PROPERTY. IT IS IN RALEIGH STREET AND THERE ARE NOT ENOUGH PARKING SPACES TO COMPLY WITH A DA INFORMATION LACKING. THE PROPOSED PLAN DOES NOT INCLUDE THE TOTAL NUMBER OF STUDENTS, PRINCIPALS, TEACHERS, AND STAFF AT COMPLETION WHEN THE PROJECT IS FINALIZED. SO THE BZA IS NOT ABLE TO DETERMINE IF THERE WILL BE ENOUGH PARKING SPACES OR TO BE ABLE TO DETERMINE THE INTENSITY OF THE OPERATIONS UNSUBSTANTIATED CONDITIONS. THE PROPOSAL STATES THAT THE SOUTH RALEIGH STREET EXTENSION QUOTE WILL MAKE ACCESS AND EGRESS MORE EFFICIENT AT REDUCING POTENTIAL CONGESTION AND WILL PROVIDE AMPLE OPPORTUNITY TO PROPERLY DESIGN ENTRANCE AND EXIT LANES TO SERVE THE UPDATED PARKING. THE CITY MANAGER WAS CONTACTED ON MAY 28TH ABOUT THE RALEIGH STREET EXTENSION. HE STATED THAT EXTENSION IS NOT ON THE RADAR CURRENTLY NO PLANS FOR THAT EXTENSION. THERE IS NO SOUTH RALEIGH STREET EXTENSION TO MAKE ACCESS AND EGRESS MORE EFFICIENT AT REDUCING POTENTIAL CONGESTION OR TO AID IN PARKING. THESE FOLKS ALONE SHOULD BE ENOUGH TO STOP THE PROJECT, BUT I WANT TO ADDRESS THREE OF THE CONDITIONS WHICH YOU MUST APPROVE IN ORDER FOR THIS PROJECT TO PROCEED. LETTERS A, B, AND D, THEY ADDRESS HARMONY, SIZE OF USE AND INTENSITY OF OPERATIONS AND THAT THE PROJECT WILL NOT BE MORE OBJECTIONABLE THAN WHAT IS ALLOWED BY WRIGHT. THE DEFINITION OF THE UR ZONE STATES QUOTE, INTENDED FOR OLDER RESIDENTIAL AREAS, NEW GROWTH SHOULD BE COMPATIBLE WITH THE CHARACTER AND SCALE OF EXISTING HOUSES. THE FINAL SIZE OF THE [00:45:01] PROPOSED PROJECT IS 13,367 SQUARE FEET UNDER ROOF. I WAS ON THE ZONING REWRITE COMMITTEE IN 2021 AS WAS MR. SAYER AND WE HAD A LOT OF DISCUSSION ABOUT THIS UR ZONE. WE UNDERSTOOD THAT THIS IS AN OLDER RESIDENTIAL AREA, WHICH AT ONE TIME HAD MOM AND POP BUSINESSES RUN OUT OF HOMES. WE WORKED TO ENSURE THAT THE NEIGHBORHOOD RETAIL AND SERVICES ALLOWED WOULD BE COMPATIBLE WITH THE SCALE OF THE EXISTING HOMES AND THAT THEIR OPERATIONS WOULD NOT BE MORE OBJECTIONABLE THROUGH THEIR SIZE. SO THE SIZE OF NEW GROWTH WAS LIMITED. NEIGHBORHOOD RETAIL AND NEIGHBORHOOD SERVICES ARE ALLOWED BY RIGHT, BUT WITH A GROSS FLOOR AREA OF LESS THAN 3000 SQUARE FEET. THE MAXIMUM 3000 SQUARE FOOTAGE FOR RETAIL AND SERVICES WAS NOT ARBITRARILY CHOSEN. IT WAS CHOSEN BECAUSE IT REFLECTED THE SIZE AND SCALE OF RESIDENTIAL HOMES IN THE UR ZONE. THE EXISTING BUILDING IS 6,866 SQUARE FEET, WHICH IS ALREADY OVER TWO TIMES THE 3000 SQUARE FOOT ALLOWANCE IN THE UR RESIDENTIAL ZONE. BUT THAT BUILDING WAS ALREADY IN EXISTENCE WHEN THE 2021 ZONING WENT INTO PLACE AND WAS GRANDFATHERED IN. THIS PROPOSED PROJECT WILL DOUBLE THE SIZE OF THE EXISTING OVERSIZED BUILDING. I ASK THAT YOU VOTE NO ON LETTER A, WHICH STATES THE PROPOSED JUICES IN HARMONY WITH THIS ZONING ORDINANCE. THE 13,367 SQUARE FOOT BUILDING IS NOT IN HARMONY WITH OUR MARTINSBURG ZONING ORDINANCE DEFINITION OF THE UR ZONE. THE SIZE AND SCALE OF THIS PROJECT IS NOT COMPATIBLE WITH THE CHARACTER AND SCALE OF EXISTING 3000 SQUARE FOOT HOMES. I ASK YOU VOTE NO ON LETTER B. THE SIZE OF THE USE AND INTENSITY OF THE OPERATIONS WILL BE IN HARMONY WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE UR DISTRICT. A 13,367 SQUARE FOOT BUILDING IS 4.45 TIMES LARGER THAN WHAT IS ALLOWED IN THE UR DISTRICT. SO THE SIZE OF THE USE AND THE INTENSITY OF THE OPERATIONS IS NOT APPROPRIATE FOR THE ORDERLY DEVELOPMENT OF THE UR RESIDENTIAL ZONE AND NO ON LETTER D, THE SPECIAL EXCEPTION WILL NOT BE MORE OBJECTIONABLE TO PROP NEARBY PROPERTIES THAN THE PERMITTED USE MEANING BY RIGHT. THE 13,367 SQUARE FOOT FAR EXCEEDS THE LESS THAN 3000 SQUARE FEET, WHICH IS ALLOWED BY RIGHT IN THE UR RESIDENTIAL NEIGHBORHOOD. THE MASSIVE SIZE OF THIS OPERATION WILL INCREASE TRAFFIC PARKING AND THE DESTRUCTIONS DISRUPTIONS WILL INCUR MORE OBJECTIONABLE ISSUES THAN WAS ALLOWED BY. RIGHT. AGAIN, I ASK THAT YOU VOTE NO ON THE PROPOSED PROJECT AT FOUR 15 WILSON STREET. THANK YOU. THANK YOU. ANYBODY ELSE WISHING TO SPEAK AGAINST THE APPLICANT. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD WHEN YOU GET UP HERE. KIM MUNGER, 5 0 2 WILSON STREET. LET ME FIRST AND FOREMOST STATE THAT I AM NOT TOTALLY AGAINST THIS PROJECT. I WOULD PREFER IT MUCH OVER THE LAST TWO THAT I'VE BEEN STUCK WITH LIVE. BUT LET ME START BY SAYING, WILSON STREET IS THE ONLY THROUGH STREET FROM TWO MAJOR THOROUGH AFFAIRS. ROUTE NINE, ROUTE 11 HEAVILY, HEAVILY TRAVELED DURING SCHOOL YEAR. IT'S HORRIBLE. YOU CAN'T EVEN PULL OUT OF A DRIVEWAY. THERE'S A POSTED SPEED ZONE OF 25 MILES PER HOUR. NOBODY DRIVES IT. OBVIOUSLY SINCE THERE HAVE BEEN 16 VEHICLES TOTALED IN UNDER TWO YEARS IN A 25 MILE PER HOUR ZONE. SO THEY'RE NOT RUNNING 25. I WORKED WITH MY COUNCIL PERSON AND GOT THE FOUR AWAY STOP PUT UP AT RALEIGH AND WILSON. THEY RUN IT, THEY JUST HOO RIGHT ON THROUGH. OF COURSE, THE CITY EMPLOYEES, THE COUNTY EMPLOYEES, THEY DON'T STOP FOR IT. SO I GUESS THE FIG, THE PEOPLE FIGURED THEY DON'T HAVE TO AS WELL. [00:50:03] THEY THINK THE STOP MEANS STEP TOE ONE PEDAL. THERE NEEDS TO BE ANOTHER TRAFFIC CONTROL, FOR LACK OF BETTER WORDS, A COUPLE OF BLOCKS UP PERHAPS AT NEW YORK AVENUE THAT WOULD SO IT SLOW IT DOWN FROM NEW YORK TO RALEIGH. OKAY. UM, IF I'M UNDERSTANDING THINGS CORRECTLY, THERE ARE, SPEAKING OF DOING THE DROP OFF OF THE KI OF THE CHILDREN, THE SCH, THE, THE, THE STUDENTS AT THE INTERSECTION, I DON'T THINK THAT'S SUCH A GOOD IDEA. , I LIVE THERE. I SEE WHAT GOES ON. OKAY. THERE'S ONLY CURRENTLY ONE WAY IN, ONE WAY OUT. SO THERE, THERE HAS TO BE SOME, SOME BETTER WAY OF SAFELY GETTING THESE STUDENTS IN AND OUT OF THE BUILDING WITHOUT TYING UP TRAFFIC AT A FOUR WAY STOP. UM, YOU KNOW, ACTUALLY BELIEVE IT OR NOT, I THINK THAT MIGHT HAVE COVERED EVERYTHING. THANK YOU. THANK YOU. ANYBODY ELSE WISH TO SPEAK AGAINST THE APPLICANT? PLEASE COME FORWARD. STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. HI, MY NAME IS SISSY INGA. MY ADDRESS IS 11 0 5 SOUTH RALLY STREET. UM, SO IN THIS FIGURE HERE WE ARE THE 11 0 5, THAT TINY PROPERTY DIRECTLY ACROSS FROM THE PROPOSED, UM, HIGH SCHOOL IN THE PAST FEW YEARS WITH HAVING THE PAST TWO UM, BUSINESSES THERE, WE HAVE HAD A LOT OF DIFFICULTIES WITH GETTING IN AND OUT OF OUR HOUSE. UM, THERE'S NOT VERY, BESIDES THE 10 PARKING SPACES THAT THEY DO HAVE IN FRONT OF THEIR BUILDING, UM, THERE'S NO OTHER PLACE FOR ANYONE WHO IS USING THIS BUILDING. WHETHER IT BE, UM, PARENTS PICKING UP THEIR STUDENTS OR STAFF MEMBERS SUCH AS TEACHERS, PRINCIPALS, THE SCHOOL RESOURCE OFFICER. UM, THERE IS JUST NOT ENOUGH SPACE FOR ALL OF THEM TO PARK THERE SAFELY AND TO BE ABLE TO GET OUT. IT IS A ONE WAY. SO THERE'S ONLY ONE WAY IN AND ONE WAY OUT DURING EMERGENCIES. BACK WHEN WVU WAS THERE AND THEY HAD TO HAVE AMBULANCES COME OUT, OR SOMETIMES EVEN IN THE FIRE DEPARTMENT, THE ENTIRE STREET OF SOUTH RALLY WOULD BE BLOCKED OFF AND NEITHER MYSELF OR MY PARTNER COULD BE ABLE TO LEAVE OUR HOME. UM, AND IF WE HAD AN EMERGENCY WHERE WE HAD TO LEAVE, WE WOULD BE STUCK AS WELL BEHIND THE AMBULANCE OR THE FIRE TRUCK THERE. UM, I WANTED TO SAY THAT, I APOLOGIZE. I HAVE SOME NOTES HERE. CURRENTLY FOR A DA ACCESSIBLE PARKING SPACES, AS BARBARA HAD IDENTIFIED, THERE IS ONLY ONE HANDICAP SPACE AND THAT IS DIRECTLY IN FRONT OF THE MAIN DOOR, WHICH PUTS IT HALFWAY IN THE ACTUAL STREET. UM, NONE OF THE ACTUAL PARKING SPACES WHERE THE CARS ARE HAVE ANY HANDICAP OR ACCESSIBLE PARKING. THERE IS NO BLUE LINE, THERE ARE NO, UM, HANDICAP BLACK CARD OR, UM, ANY IDENTIFYING, UM, SIGN THERE FOR THEM IN FRONT OF THE OTHER SIDE WHERE THIS BLACK SUV IS IN THIS, UM, PICTURE THERE, OH, I APOLOGIZE, IS A SIGN THAT SAYS NOW CURRENTLY, UM, ONE HOUR PARKING. SO IF WE GO BACK TO, UM, THE FIRST PICTURE WHERE WE WERE AT, SO IF WE HAVE THAT HANDICAPPED PARKING IN DIRECTLY IN FRONT OF THE MAIN DOOR AND THE OTHER HALF OF THE STREET IS THE, UM, IF YOU WANNA GO ONTO THE LEFT WITH THE MOUSE, UH, GO UP A LITTLE BIT, A LITTLE BIT RIGHT THERE AND INTO THE ROAD THAT'S, UM, ONE HOUR PARKING THAT THEY'VE IDENTIFIED. SO IF WE HAVE, YOU KNOW, A COUPLE PEOPLE PARKED THERE FOR ONE HOUR PARKING AND WE HAPPEN TO HAVE A HANDICAPPED PERSON PARKED ALSO IN THEIR DESIGNATED AREA, THAT ENTIRE ROAD IS ALSO BLOCKED. [00:55:02] UM, WE'VE HAD DIFFICULTIES IN CONTACTING, YOU KNOW, WHO, WHO PARKED THEIR CAR HERE. YOU KNOW, WE DON'T HAVE ANY WAY OF LOOKING UP, YOU KNOW, OH, IT'S SO AND SO LET'S CALL THEM. UM, WHENEVER WE'VE CALLED, YOU KNOW, CITY POLICE, IT'S NOT AN EMERGENCY, WHICH I TOTALLY UNDERSTAND, BUT THEN WHO CAN I TELL? YOU KNOW, HEY, UM, I CAN'T GET OUT. UM, SO WHAT YOU'RE SAYING IS IF THEY PARK ON BOTH SIDES OF THE STREET RIGHT THERE, THAT THERE'S NOT EVEN ENOUGH ROOM FOR ONE CAR TO PASS? YES, THERE IS FOR ROOM FOR JUST ENOUGH FOR ONE CAR TO PASS. BUT YOU HAVE TO BE VERY CAREFUL BECAUSE SOMETIMES IF THEY PARK TOO FAR OUT FROM THE ACTUAL SIGN, THEN YOU CAN'T PASS. THERE'S NO, UM, YOUR, YOUR MIRRORS WILL, WILL BE TOUCHING, CARS WILL BE SCRATCHING CARS. UM, THE MARTINSBURG HIGH SCHOOL AND MIDDLE SCHOOL IS LOCATED 0.6 MILES AWAY FROM THIS PROPOSED, UM, NEW HIGH SCHOOL. WE, WE AS A RESIDENTIAL NEIGHBORHOOD HAVE REALLY STRONG TIES TO THE HIGH, THE PUBLIC HIGH SCHOOL AND MIDDLE SCHOOL. I BELIEVE THAT SHOULD BE PRIORITIZED OVER A PRIVATE BUSINESS, ESPECIALLY A PROFITABLE SCHOOL. TUITION FOR HIGH SCHOOL WILL BE $11,675 PER CHILD. THAT IS INCORRECT. THAT WAS ON YOUR, UM, WEBSITE. I GOT THAT OFF THE FRONT PAGE. UNDER TUITION IT'S 10,500. IT'S TODDLERS, 12 TO 23 MONTHS IS $10,600 PER CHILD INCLUDING ALL FEES. THAT'S FOR FATHER. YES. AND THEN K THROUGH EIGHTH GRADE IS $8,760 WITH ALL FEES. HIGH SCHOOL TUITION. WELL, YOU'RE A PRIVATIZED BUSINESS AND I THINK THAT WE SHOULD DEFINITELY PRIORITIZE MARTINSBURG HIGH SCHOOL AND MIDDLE SCHOOL, THE TRAFFIC THEY BRING AND UM, THE STUDENTS THAT GO THERE. UM, I THINK THAT IS. THANK YOU. OKAY. ANYBODY ELSE WISHING TO SPEAK AGAINST THE APPLICANT, PLEASE COME FORWARD. LET THE RECORD SHOW NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY. HUH? AT WHAT STAGE ARE THEY GONNA NEED TO HAVE SITE PLANS AND, AND THAT, SO THEY'LL NEED TO START SUBMITTING SITE PLANS ONCE THEY ADD ON TO THEIR BUILDING. RIGHT NOW. UM, ANYTHING IMPERVIOUS THAT THEY'RE GOING TO PLAN ON DOING ADDITIONS, PARKING LOTS, ANYTHING ON SITE LIKE THAT, THEY WILL NEED TO SUBMIT A SITE PLAN AND THAT'LL ADDRESS PARKING AND OTHER SETBACKS THAT WILL ADDRESS PARKING SETBACKS, UM, ANYTHING LIKE THAT. OFF STREET IMPROVEMENTS THAT NEED TO HAPPEN TO UPGRADE ANYTHING THAT WILL ALL BE PART OF THE SITE PLAN PACKAGE. AND PRESUMABLY IF THERE IS NOT SUFFICIENT, UM, FOOTAGE, THEN THERE, THE EXPANSION IS ONLY LIMITED. AM I? BECAUSE YOU CAN ONLY, I MEAN WE'VE GOT THE REQUIREMENTS ON THE IMPERVIOUS COVERAGE AT AND PARKING, ET CETERA. YES. ALL THAT WILL NEED TO BE MET AND THEY WOULD HAVE TO GIVE US A STUDENT COUNT TO MAKE SURE THOSE 10 SPOTS BEFORE THEY DO ANYTHING ELSE ARE ADEQUATE. OKAY. OKAY. SO I ALSO WANNA POINT OUT THAT WILSON IS LIKE A STATE ROAD, SO LIKE DOH AND EVERYTHING WILL GET INVOLVED AS FAR AS TRAFFIC CONTROL OPTIONS. THAT'S GOOD TO KNOW TOO. SO IT'S NOT A CITY OWNED STREET, IT'S DEPARTMENT OF HIGHWAYS. IT'S CORRECT. OKAY. I KNEW QUEEN STREET WAS BUT DIDN'T KNOW WILSON WAS. OKAY. AND I DO WANNA POINT OUT TOO THAT PARKING HAS NOW BEEN MOVED TO PLANNING COMMISSION. SO THAT IS NOT PART OF THE BZA ANYMORE. THAT WILL BE ADDRESSED WITH SITE PLAN AND ALL OF THAT. OKAY. OKAY. [01:00:01] ALL RIGHT. SO IN ORDER TO GRANT A SPECIAL EXCEPTION, WE DO HAVE TO GO THROUGH THE POINTS. DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE PROCEED? NO. NO. OKAY. THE PROPOSED USED IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE. AGREED. I DISAGREE. I THINK WE NEED TO DO A ROLL CALL ON THIS ONE. THIS IS ON A, YEAH, WE HAVE TO MAKE SURE WE HAVE HOPE. OKAY. UM, SO BRENDA CASABONA OR A, IF IT'S, IF IT'S LIMITED TO NO EXPANSION, IF IT'S A VERY SMALL SCHOOL, BUT WITH THE MAJOR EXPANSION, I THINK THINK IT EXCEEDS THE WHAT WOULD BE SUITABLE FOR THAT SITE. SO HOW DO I BUT DOES THAT HAVE ANYTHING TO DO WITH WHAT WE'RE VOTING ON THE EXPANSION ON THAT PART OF, WE'RE ONLY VOTING ON WHETHER IT CAN BE A HIGH SCHOOL OR NOT AT THE CURRENT LOCATION. CORRECT. CORRECT. WHEN THEY DO AN EXPANSION, THEY'LL HAVE TO SUBMIT ALL THAT TO PLANNING FOR THE SITE PLAN IN THAT. YES. AND PLANNING WILL DETERMINE THE SIZE AND PARKING AND ALL OF THAT. AND THEN IF THERE'S AN ISSUE WITH THAT AND THEY WANT A VARIANCE OF IT, THEN THEY HAVE TO COME BACK TO US. SEEMS LIKE THAT'S BACKWARDS. SEEMS LIKE THEY SHOULD HAVE DONE THE SITE PLANNING BEFORE THEY CAME HERE. IF THEY'RE NOT DOING AN EXPANSION, THEY DON'T NEED TO DO A SITE PLAN. OKAY. SO RIGHT NOW THEY'RE NOT, IT'S NOT AN EXPANSION, IT'S A USE OF AN EXISTING BUILDING. OKAY. CORRECT. OKAY, THANK YOU. SO RIGHT NOW IT'S JUST CHANGING THE USE TO ALLOW A HIGH SCHOOL TO ALLOW A HIGH SCHOOL MM-HMM . IN AN, IN AN URBAN, URBAN RESIDENTIAL, WHICH THE YEAH. ZONING CODE DOES SAY THAT THAT'S ALLOWED BY SPECIAL ACCESSION. OKAY. CORRECT. NOT BY, RIGHT. UM, NO, I HAVE TO AGREE WITH CHRISTINA. I I I THINK SHE'S CORRECT. SO I DON'T THINK IT'S IN HARMONY WITH THE PURPOSE AND INTENT. OKAY. SO YOU DON'T THINK, UH, THE USE OF A HIGH SCHOOL IS IN HARMONY WITH THE PURPOSE? WELL, IF I, THE INTENT OF THE COMPREHENSIVE PLAN, UM, THE USE OF IT, USE OF THE CURRENT STRUCTURE AS A HIGH SCHOOL, I THINK WOULD BE IN HARMONY, BUT THE USE OF THE SITE, BUT WE'RE ONLY VOTING ON THE CURRENT USE. THE CURRENT STRUCTURE. THE CURRENT STRUCTURE. THE CURRENT STRUCTURE. OKAY. THEN I WOULD SAY THE CURRENT STRUCTURE WOULD BE SUITABLE THAT THAT STRUCTURE ITSELF WOULD BE SUITABLE FOR HIGH SCHOOL. OKAY. CHRISTINA BRINER? NO, SHE'S ALREADY SAID NO. OKAY. IS ANDREA LANDSDOWN? YES. AND DO I DO? YES. OKAY. MARY JULIA? YES. YES. SHE'S, SHE'S NOT A VOTE TO BREAK TIE. SHE'S A VOTE. OKAY. THE LOCATION AND SIZE OF THE USE, THE NATURE AND INTENSITY OF THE OPERATIONS INVOLVED IN ARE 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. WE ARE DOING ROLL CALL FOR ALL OF THESE. ROLL. OKAY. SOUNDS GOOD. BRENDA CASABONA? UH, I WOULD SAY NO. CHRISTINA BRINER? NO. IS ANDREA LANDS DOWN. I SEE THE ALREADY THERE. YES. MAYOR DELIA. YES. NOW WE GOTTA TIE TO PASS SOMETHING IN THE BOARD OF ZONING APPEALS. NO MATTER HOW MANY PEOPLE ARE HERE, TAKES THREE VOTES. OKAY. THE BOARD OF ZONING APPEALS IS DIFFERENT THAN THE PLANNING AND AND COUNCIL AND OTHERS. IT REQUIRES A MAJORITY OF THE MEMBERS, NOT MAJORITY OF THE MEMBERS [01:05:01] PRESENT. SO OUR MEMBERSHIP IS FIVE. SO IF WE ONLY HAD THREE PEOPLE HERE, WE TAKE UNANIMOUS CONSENT. OKAY. EVERYBODY UNDERSTAND THAT? YES. OKAY. THE LOCATION, NATURE AND HEIGHT OF BUILDINGS, WALLS, AND FENCES AND THE NATURE AND THE EXTENT OF THE LANDSCAPING ON THE SITES ARE SUCH THAT THE USE WILL NOT HINDER OR DISCOURAGE THE APPROPRIATE DEV DEVELOPMENT AND THE USE OF ADJACENT LAND. AGREED? I WOULD AGREE ON THAT. I WOULD HAVE TO AGREE ON THAT ONE. OKAY. OKAY. I THINK THAT'S FOUR YESES. ALRIGHT. OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THAN WOULD BE THE OPERATION OF ANY PERMITTED USE. NOT REQUIRING A SPECIAL PERMIT. AGREED. NO. ROLL CALL PLEASE. BRENDA CASABONA? I SAY NO. ALL RIGHT. CHRISTINA, YOU WERE A NO. NO. OKAY. IS ANDREA I SAY YES. DIDN'T HAVE ANY OF THAT STUFF ON THERE. ALL RIGHT. MAYOR DOLIA. YES. 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 DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY. BRENDA CASABONA? UM, WELL, OKAY. UM, I, I, I'M NOT REALLY NOT CERTAIN WHAT TO SAY ON THAT BECAUSE IF THEY'RE USING JUST THE EXISTING PARKING AS IT IS, I WOULD SAY YES. UM, AND EVERYTHING IS EXISTING THAT WE'RE VOTING ON. OKAY. SO THEN YES. ALL RIGHT. CHRISTINA BRINER? NO. SANDRA LANSDOWN? YES. MARY DELIA? YES. PUBLIC UTILITY SERVICE, ELECTRICITY STORM, 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 SUPPLY, SEWAGE TREATMENT OR STORM DRAINAGE DISPOSAL SYSTEM WILL BE ADEQUATE TO SERVICE THE PROPOSED USE. GREAT. BRENDA CASABONA? I AGREE. OKAY. YES. MARY? YES. WHAT DID SANDRA SAY? YES. OKAY. YEAH, MARY SAID YES. OKAY. WE HAVE GONE THROUGH THE POINTS OF A SPECIAL EXCEPTION. KEEP IN MIND WHAT KEN SAID. WHEN YOU MAKE YOUR MOTION, KEEP IN MIND EVERYTHING HAS TO BE IN THE POSITIVE AND I'LL ENTERTAIN A MOTION. I'LL MAKE A MOTION, I'LL MAKE A MOTION TO APPROVE THE REQUEST FOR A SPECIAL EXCEPTION AT FOUR 15 WILSON STREET. PROJECT NUMBER 2 0 2 6 DASH FOUR ONE SE A SPECIAL EXCEPTION PURSUANT TO TABLE 4.01 AT THE MARTINSBURG ZONING ORDINANCE TO ALLOW FOR A HIGH SCHOOL AND THE URBAN RESIDENTIAL DISTRICT. WE NEED A SECOND SO WE CAN VOTE. OH, NO MATTER IF YOU SECOND A SECOND DOESN'T MEAN I MAKE A SECOND. I MAKE I SECOND, I SECOND THE MOTION. SORRY. OKAY. I HAVE A MOTION AND A SECOND ON THE TABLE. ANY FURTHER DISCUSSION? NO. CASTELLA? NO. CHRISTINA BRINER? NO. JOHNSTONE? YES. MARY? DO I HAVE TO VOTE NOW? 'CAUSE WE DIDN'T MEET THE POINTS. . OKAY. YOU'LL, YOU'LL GET A DECISION LETTER FROM THE CITY. UH, UM, HOPE THAT YOU UNDERSTOOD THAT IT DID NOT PASS. UNDERSTOOD. AND IT'LL GIVE YOU THE INFORMATION THAT YOU'LL NEED. IF YOU WANT TO APPEAL THE DECISION OF THE BERKELEY OR THE OF THE BOARD OF ZONING APPEALS TO THE BERKELEY COUNTY CIRCUIT COURT, ALL APPEALS FOR THE BZA. GO TO THE CIRCUIT COURT. THANK YOU. OKAY. PROJECT NUMBER 2026 DASH 42 SE SPECIAL EXCEPTION. THE PROPERTY IS LOCATED OFF OF APPLE HARVEST DRIVE IN SOUTH QUEEN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 27 AS PARCEL 56. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR A CAR WASH IN MU C3. SETH RODERICK, [01:10:01] PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YES, GOOD EVENING. SETH RODERICK MONTEVERDE ENGINEERING AND DESIGN STUDIO ADDRESS IS 2 5 0. SUITE 1 1 4, HARRISONBURG, VIRGINIA, 2 2 8 0 2. OKAY. RAISE YOUR RIGHT HAND PLEASE. 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. GO AHEAD AND EXPLAIN WHAT IT IS THAT YOU'RE LOOKING TO DO. SURE. WE ARE LOOKING TO CONSTRUCT A CAR WASH, AS IT WAS MENTIONED. THIS WOULD BE A HANG 10 CAR WASH, WHICH IS KIND OF A SUB-REGIONAL, UH, CHAIN THAT IS, HAS TWO LOCATIONS CORRECTLY OR RIGHT NOW, CURRENTLY IN THE CITY OF WINCHESTER. TWO MORE IN CITY OF HARRISONBURG, ONE IN CITY OF OR TOWN OF FRONT ROYAL. UM, THE LOCATION IS DEEMED TO BE ABOUT THE MOST APPROPRIATE LOCATION THAT I CAN FIND WITHIN THE CITY OF HARRISONBURG OR CITY OF, EXCUSE ME, EXCUSE CITY OF MARTINSBURG. CITY LIMITS, UH, DUE TO BEING DIRECTLY LOCATED WITH ESSENTIALLY FRONTAGES ON TWO SIDES, ONE ON APPLE HARVEST, AND THE OTHER SIDE BEING THE QUARRY BEHIND, UM, APPLE HARVEST. AS WE KNOW THROUGH THAT CORRIDOR, A LOT OF AUTOCENTRIC USES CAR WASH FITS RIGHT IN THERE. UM, THE PROPERTY ITSELF HAS THIS PARCEL CORDONED OFF FITS OUR NEEDS WELL, UM, AND UM, WOULD LIKE TO BE A PART OF THE CITY OF MARTINSBURG. OKAY. ANY QUESTIONS FOR THE APPLICANT? NO. THERE'S GONNA BE ONE WAY IN AND ONE WAY OUT OF YOUR CAR WASH. IT IS A AUTOMATED TUNNEL. OKAY, SO THERE'S A CONVEYOR SYSTEM? YES. SO THERE'S A ONE END ENTRANCE, ONE END, YOU'RE COMING IN THE OTHER 10, YOU'RE COMING OUT. AND IN BETWEEN THE OTHER ONE COMING OUT, IS APPLE HARVEST LOCATED? UH, NO. SO, SO THE ENTRANCE, AS YOU CAN SEE ON THE SCHEMATIC ABOVE, UH, HAS ITS SOLE ENTRANCE LOCATION ON QUEEN STREET. QUEEN STREET, YEAH. JUST BEFORE HITTING THE NEW STREET OF BANCROFT. MM-HMM . SO THERE IS NO DIRECT ACCESS ONTO APPLE HARVEST. SO YOU GO IN ON QUEEN STREET AND COME OUT ON QUEEN STREET, CORRECT? YEAH. YOU'LL CYCLE THROUGH THE TUNNEL AND THEN YOU HAVE THE OPTION OF UTILIZING THE MEMBERSHIP, UM, UH, VACUUMS THAT ARE PRESENT IN THE LARGER PARKING BAY. OR YOU CAN CYCLE GUARD RIGHT BACK OUT THROUGH THE SINGULAR ENTRANCE. IT MIRRORS THE SAME ARRANGEMENT THAT WE HAVE ON JUST ABOUT EVERY SITE, UH, FUNCTIONS EXTREMELY WELL. THANK YOU. ABSOLUTELY. ANY OTHER QUESTIONS? NO STAFF. THE APPLICANT IS REQUESTING A CAR WASH TO BE LOCATED AT THIS CURRENTLY VACANT PARCEL OF APPLE HARVEST DRIVE IN SOUTH QUEEN STREET. THE CAR WASH WILL HAVE A FULLY FUNCTIONING TUNNEL, VACUUMING, BAYS, AND PARKING. THIS IS PART OF THE UN WEST DEVELOPMENT PROJECT THAT INCLUDES THE WAWA BANCROFT APARTMENTS, DANBURY TOWNS, AND ADDITIONAL COMMERCIAL PADS AVAILABLE FOR LEASE. A WATER MODEL WAS PREVIOUSLY DONE FOR THE UN WEST PARCELS, AND THE UTILITY DIRECTOR HAS DETERMINED ADEQUATE WATER SERVICES ARE AVAILABLE. THE AUTO SPA EXPRESS ON FOXCROFT WAS BUILT IN 2022 AND IS ALSO ZONED AS MIXED USE COMMERCIAL. THREE. THE SITE PLAN PROCESS DID START PRIOR TO THE IMPLEMENTATION OF THE NEW ZONING ORDINANCE, BUT IT STILL REQUIRED A SPECIAL EXCEPTION UNDER THE OLD COMMUNITY BUSINESS DISTRICT ZONING. A BOUNDARY LINE ADJUSTMENT WAS RECORDED. APRIL 28TH, 2026 TO CREATE 1.786 ACRE PARCEL ON THE CONCEPT PLAN. OKAY. ANY QUESTIONS FOR STAFF? NO. LEMME GET MY POINT CLEAR. OKAY. NO QUESTIONS FOR STAFF OR THE APPLICANT. ALL RIGHT. WE'LL MOVE ON TO 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. IN ORDER TO GRANT A SPECIAL EXCEPTION, WE DO HAVE TO MEET THE POINTS. DOES ANYBODY HAVE ANY QUESTIONS BEFORE WE GO THROUGH THIS? NOPE. OKAY. THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSIVE PLAN. AND OF THIS ORDINANCE, AGREE. THREE. AGREED. 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. AGREED. 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 ADJACENT LAND IN BUILDINGS. GREAT OPERATIONS AND CONNECTION WITH ANY SPECIAL USE WILL NOT BE [01:15:01] MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THEN WILL BE THE OPERATIONS OF ANY PERMITTED USE, NOT REQUIRING A SPECIAL PERMIT. THREE, THREE 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 DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY. THREE. 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. AGREED. AGREED. OKAY. WE HAVE GONE THROUGH ALL THE POINTS OF SPECIAL EXCEPTION. IF THERE'S NO FURTHER QUESTIONS, I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE SPECIAL EXCEPTION FOR PROJECT 2026 DASH 42 DASH SE PROPERTY LOCATED OFF APPLE HARVEST IN SOUTH QUEEN STREET. UH, APPLICATION REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR CAR WASH IN THE MU C3 DISTRICT. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND IT. OKAY. MOTION IN A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY ST. AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 BUSINESS DAYS OR 30 DAYS, SORRY. OKAY. NEXT, NEXT IS PROJECT 2026 DASH 43. VE VARIANCE. THE PROPERTY IS LOCATED OFF OF APPLE HARVEST DRIVE IN SOUTH QUEEN STREET AND IDENTIFIED ON BERKELEY COUNTY TAX MAP 27 AS PARCEL 56. THE APPLICANT IS REQUESTING VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08, FIGURE THREE DASH NINE, C1, C5, AND F1 SECTION 4.07 E FIVE B AND D TWO TO ALLOW FOR FRONTAGE BUILD OUT AT LESS THAN 75% TO EXCEED FRONT SETBACK, PARKING IN FRONT SIDES, CAR WASH TUNNEL IN THE FRONT, AND VACUUMS WITH NO SCREENING FROM THE FRONT. LOT LINE IN MU C3. SETH RODERICK. SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. I DO. AND RESTATING THE ADDRESS FOR THE PURPOSE OF THE RECORD. 2 5 0 EAST ELIZABETH STREETS, WEEK 1 1 4, HARRISONBURG, VIRGINIA. THANK YOU. UM, YEAH, AND SO I THINK THAT THESE EXCEPTIONS, OR THESE, I'M SORRY, THESE WAIVERS, UM, THEY MIRROR WHAT WAS GRANTED TO THE AUTO SPA, I THINK IT STAFF REFERENCED EARLIER THAT'S LOCATED ON FOXCROFT. AND THE PURPOSE HERE IS WITH THIS NEWER MODEL OF CAR WASH AND HAVING THAT TUNNEL ARRANGEMENT, YOU KNOW, IT'S NOT A PULL IN, PULL OUT. IT IS A CARE CONVEYOR SYSTEM THAT BRINGS YOU THROUGH AND MAKING SURE THAT THERE'S ENOUGH ROOM IN ADVANCE OF THE TUNNEL ENTRY TO PROPERLY ALIGN THE VEHICLE TO GET ORIENTED ONTO THE CONVEYOR SYSTEM. IS IS ONE OF THAT THE PARCEL, WHILE IT, IT, THE LOCATION IS GREAT FOR THIS USE, THE CONFIGURATION EXTENDING FROM APPLE HARVEST BACK TO QUEEN STREET AND BEING OF A NARROW FASHION, IT'S LONG AND SKINNY. IT'S ABOUT 400 FEET DEEP. AND THAT REALLY ONLY ALLOWS ITSELF TO BE UTILIZED IN ONE WAY. AND THAT IS TO ALIGN THE, THE, THE BUILDING ROUGHLY PERPENDICULAR TO APPLE HARVEST. AND THAT IS CONDUCIVE, I THINK, TOWARDS THE CITY IN THE FACT THAT HAVING THAT APPLE HARVEST, UH, FRONTAGE, YOU KNOW, CREATES MAXIMUM EXPOSURE FOR THE BUSINESS AND ATTRACTS A BUSINESS LIKE OURS TO BE LOCATED THERE VERSUS IF IT WAS A, UM, LET'S JUST CALL IT A FRONT SECOND ROW TYPE COMMERCIAL UNIT WHERE YOU DIDN'T HAVE EXPOSURE FROM ONE SIDE OR THE OTHER. IT JUST DOESN'T REALLY HAVE THE SAME COMMERCIAL APPEAL. SO THIS ALLOWS FOR ITS HIGHEST AND BEST USE IN THE CONFIGURATION THAT IT IS, BUT IT DOES NOT ALLOW FOR THAT MU C3 RESTRICTIONS FOR MAXIMUM 16 FOOT SETBACK, ET CETERA. SO THE INTENTION HERE IS THAT, AGAIN, AND I'LL, AND I'LL PREFACE THIS BY SAYING AS WELL, I, I, I, MY, MY IMPRESSION OF THE INTENT OF THE C3 ORDINANCE IS TO CREATE WHAT WE WOULD CALL TRADITIONAL NEIGHBORHOOD DESIGN, MASSING THE BUILDINGS CLOSER TO THE STREET AND CREATING MORE OF A PEDESTRIAN FRIENDLY ATMOSPHERE. GREAT, GREAT INTENTION. AND THIS LOCATION, PEDESTRIAN FRIENDLY AND ATMOSPHERE ALONG APPLE HARVEST. RIGHT? WHICH JUST DOESN'T MAKE SENSE. I'VE LOOKED UP AND DOWN. I DON'T THINK THERE'S A STICK OF SIDEWALK ON, YOU KNOW, APPLE HARVEST AND THEN CONTINUING ON ROUTE NINE ALL THE WAY TILL IT TIES INTO SEVEN. THERE'S NOT A STICK OF SIDEWALK. SO UNDERSTANDING THAT PRINCIPAL ARTERIALS, SUCH AS APPLE HARVEST ARE MEANT FOR MOTORISTS. YOU'LL FIND MORE AUTOCENTRIC USES LIKE CAR WASHES, BUT YOU ALSO WON'T FIND REALLY CONDUCIVE, UH, PEDESTRIAN FACILITIES BECAUSE THAT'S NOT WHERE PEOPLE WANT TO WALK. SO IT'S KIND OF A, A CATCH HERE THAT IT DOES NOT MAKE SENSE, I THINK FOR STRICT ADHERENCE TO THE MU C3 REQUIREMENTS AS IT RELATES TO TRADITIONAL NEIGHBORHOOD [01:20:01] DESIGN, UM, IN SIMILAR FASHION. THE OTHER, THE OTHER WAIVERS ARE JUST TO MAINTAIN WHAT WE WOULD DEEM IS BEST AND APPROPRIATE CAR WASH DESIGN, UM, AND JUST CARRYING THAT SUCCESSFUL MODEL THROUGH TO, TO THIS LOCATION. OKAY. QUESTIONS FOR THE APPLICANT. NONE CURRENTLY. STAFF REPORT THE APPLICANT IS REQUESTING FIVE VARIANCES PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.08 MUC DASH THREE, FIGURE THREE DASH NINE C ONE C FIVE, AND F1 SECTION 4 0 7 E FIVE B AND D TWO TO ALLOW FOR FRONTAGE BUILDOUT AT LESS THAN 75% TO EXCEED FRONT SETBACK PARKING IN FRONT AND SIDES CAR WASH TUNNEL IN THE FRONT AND VACUUMS WITH NO SCREENING FROM THE FRONT. LOT LINE. THIS PROPOSED PLAN IS FOR A NEW CAR WASH FACILITY OFF APPLE HARVEST DRIVE AND SOUTH QUEEN STREET. THE FRONT BUILD OUT MINIMUM AND MU C3 PER ZONING PER THE ZONING ORDINANCE IS 75% AT SETBACK AND THE APPLICANT IS REQUESTING A FRONTAGE BUILD OUT OF 26%. THE FRONT SETBACK IN MU C3 IS A MAX OF 16 FEE, AND THE APPLICANT IS REQUESTING A FRONT SETBACK OF 70 FEET. THE DECREASE DECREASE OF THE BUILDOUT AND THE INCREASE OF THE FRONT SETBACK, BETTER SUIT, STANDARD CAR WASH DESIGNS AND MUC PARKING IS ONLY ALLOWED IN THE REAR. THE APPLICANT IS REQUESTING FRONT AND SIDE PARKING TO ALLOW FOR A LONG ENOUGH WAITING BAY FOR THE CAR WASH TUNNEL AS PARKING IN THE REAR WOULD TAKE AWAY FROM THAT DISTANCE. SECTION 4.07 E FIVE B STATES CAR WASH BAY SHALL NOT BE LOCATED ON THE FRONT FACADE. THIS REQUEST WILL ALLOW FOR THE APPLICANT TO STICK WITH THE DESIGN LAYOUT OF OTHER HANG 10 CAR WASH FACILITIES PER SECTION 4.0 E FIVE D TWO VACUUMING ACTIVITIES MAY OCCUR IN OPEN AIR, BUT MUST BE SCREENED FROM THE FRONT LOT LINE. THE APPLICANT WOULD LIKE TO WAIVE THE SCREENING REQUIREMENT. THE FRONT LOT LINE FACES SOUTH QUEEN STREET AND THE AREA ACCESS THE STREET IS CURRENTLY WOODED. THE AUTO SPA EXPRESS ALSO WENT FOR THE SAME SET OF VARIANCES IN 2022. THE OFFICIAL SITE PLAN HAS BEEN SUBMITTED, AND THIS HAS TWO FRONT LOTS AS WELL, TWO FRONT, UM, LOT LINES BECAUSE ONE IS ON APPLE HARVEST AND ONE IS ON QUEEN STREET. SO YES, CORRECT. DOESN'T TECHNICALLY HAVE A FRONT AND A REAR. IT HAS TWO FRONTS. YES. OKAY. OKAY. UM, DOES THE CITY SEE ANY ISSUES WITH ANYTHING NOT CURRENTLY THAT THEY'RE CURRENTLY PROPOSING? NO, NOT RIGHT NOW. WE HAVEN'T TAKEN A DEEP DIVE INTO ENGINEERING, BUT THE VARIANCE IS SUBMITTED. WE DON'T SEE ANYTHING WRONG WITH THAT. OKAY. OKAY. ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT OR THE STAFF? I JUST HAVE ONE QUESTION. SURE. UM, WHAT'S THE RATIONALE FOR NO SCREENING FOR THE VACUUMS? IT, IT GOES INTO MARKETABILITY. UM, FOR THESE, THIS TYPE OF OPERATION, ONE OF THE DRIVING FOR FACTORS ESPECIALLY, WE HAVE TWO DIFFERENT, I SHOULD SAY, I'LL PREFACE THIS BY SAYING WE HAVE TWO DIFFERENT ARRANGEMENTS, UH, FOR THESE FACILITIES. ONE IS WHERE OUR BUILDING IS ROTATED PARALLEL MM-HMM . WITH THE UNIT, THEN ALL THE PARK, ALL THE VACUUMS ARE SCREENED BEHIND, BUT THE TUNNELS AND PRIME VISIBILITY, THE BUILDING AND, AND THE THE VACUUMS ARE ONE OR THE OTHER REALLY NEED TO SERVE AS THAT MARKETING, UH, VISIBILITY FOR, FOR UM, UH, MEMBERS. AND SO SCREENING OF THE VACUUMS FROM APPLE HARVEST, I DON'T THINK IT SAVES ANYBODY ON APPLE HARVEST, YOU KNOW, IN THE WAY THAT THE LANGUAGE IS WRITTEN AND MEANT, MEANT MORE FOR TRADITIONAL NEIGHBORHOOD DESIGN. UM, AND MEANWHILE IT WOULD DETRACT FROM THE MARKETABILITY OF THE SITE AND MAKE IT LESS VIABLE. OKAY. AND, AND REAL QUICK I'LL AN ANSWER AS WELL. AND THIS, THIS JUST CAME TO MIND, I, I FORGOT TO MENTION IT, BUT AS IT RELATES TO THE BAY DOORS FACING THE FRONTAGE, UM, WE'VE INS WE INSTALL VERY RAPID OPEN CLOSED DOORS THAT ONLY OPEN JUST AS THE VEHICLE IS COMING IN AND OUT. AND THEN CLOSE IMMEDIATELY BEHIND HELPS KEEPS THE INTERIOR CONDITIONED, BUT IT ALSO ALLOWS FOR MAXIMUM SCREENING OF THAT, OF THAT TUNNEL FROM, UH, STREET VIEW. OKAY. OKAY. ANY FURTHER QUESTIONS? NOPE. NO. ALL RIGHT. WE'LL 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, LET THE RECORD SHOW NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. [01:25:01] OKAY. WE HAVE FIVE VARIANCES THAT ARE BEING REQUESTED HERE, SO WE DO HAVE TO GO THROUGH EACH ONE OF 'EM SEPARATELY, SO PLEASE BEAR WITH US. OKAY. SO THE FIRST ONE THAT WE'RE GONNA GO THROUGH IS THE FRONT BUILD OUT AT LESS THAN 75%. OKAY? IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. EVERYBODY AGREE? 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. I AGREE WITH THAT. YEAH. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE, AGREE, AGREED. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. AGREED. OKAY. I AGREE AS WELL. SO I'LL ENTERTAIN A MOTION. I'LL MAKE A MOTION TO APPROVE THE VARIANCE FOR PROJECT 2026 DASH 43 DASH V PROPERTY LOCATED OFF APPLE HARVEST IN SOUTH QUEEN STREET. UM, THE VARIANCE FOR ALLOWING FOR FRONTAGE BUILD OUT AT LESS THAN 75%. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? ANYBODY? I'LL SECOND IT. OKAY. MOTION IS SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. OKAY. THE NEXT ONE THAT WE WILL GO THROUGH IS TO EXCEED THE FRONT SETBACK. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE, 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 IN SUBSTANTIAL JUSTICE. DONE. AGREED. AGREE. OKAY. AND I'LL ENTERTAIN A MOTION AS LONG AS THERE'S NO FURTHER DISCUSSION. OKAY. I'LL MAKE A MOTION TO APPROVE, UH, THE VARIANCE REQUESTING, UM, UH, THE REQUEST TO EXCEED THE FRONT SET SETBACK FOR PROJECT 2026 DASH 43 DASH V. THE VARIANCE FOR PROPERTY LOCATED OFF OF APPLE HARVEST AND SOUTH QUEEN STREET CAB. A MOTION. DO I HAVE A SECOND? I'LL SECOND. OKAY. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. OKAY. THE NEXT ONE IS FOR PARKING IN THE FRONT AND SIDES INSIDES. THIS WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENTS. AGREED, AGREED, AGREED. IT ARISES FROM SPECIAL CONDITIONS OR ATTRIBUTES WHICH PERTAIN TO THE PROPERTY FOR WHICH HIS 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 IN SUBSTANTIAL JUSTICE. DONE. AGREED. OKAY. I'LL AND AGREE. I'LL ENTERTAIN A MOTION. OKAY. I MAKE A MOTION TO APPROVE THE VARIANCE TO ALLOW PARKING IN THE FRONT AND THE SIDES FOR PROJECT 2026 DASH 43 DASH V. PROPERTY LOCATED OFF APPLE HARVEST AND SOUTH QUEEN STREET. HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND IT. MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. THE NEXT ONE IS FOR THE CAR WASH TUNNEL IN THE FRONT. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE. 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. AGREE, AGREE. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PERMIT A REASONABLE USE OF THE LAND. AGREE. IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. AGREED. OKAY. I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCES AS REQUESTED FOR APPLE HARVEST DRIVE THE QUEEN STREET PROJECT 2026 DASH 43 DASH V TO ALLOW THE CAR WASH TUNNEL IN THE FRONT ON THE FRONT FACADE AND SO LONG AS THE APPLICANT ADHERES TO STIPULATION SET FORTH. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I, SECOND MOTION. AND SECOND. ANY FURTHER DISCUSSION EVER? ALL IN FAVOR SIGNIFY BY SAYING AYE. AYE. ALL OPPOSED? [01:30:03] OKAY. MOTION CARRIES. AND THE LAST ONE IS THE VACUUMS WITH NO SCREENING FROM THE FRONT LOT LINE, 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 THIS PERSON SEEKING THE VARIANCE. AGREED. AGREED. IT WOULD ELIMINATE AN UNNECESSARY HARDSHIP AND PER PERMIT, A REASONABLE USE OF THE LAND. AGREED. AGREED. AND IT WILL ALLOW THE INTENT OF THE ZONING ORDINANCE TO BE OBSERVED IN SUBSTANTIAL JUSTICE. DONE. AGREED. AGREED. OKAY. I'LL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE FOR PROJECT 2026 DASH 43 DASH V VARIANCE TO ALLOW VACUUMS WITH NO SCREENING FROM THE FRONT LOT LINE AND MU C3 PROPERTY LOCATED OFF APPLE HARVEST AND SOUTH QUEEN STREET. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I SECOND. ALL IN FAVOR SIGNIFY BY SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. YOU'LL GET A LETTER FROM THE CITY WITHIN 30 DAYS. THANK YOU. OKAY. PROJECT NUMBER 2026 DASH 44 DASH SE. SPECIAL EXCEPTION. THE PROPERTY IS LOCATED AT 2 0 5 VIKING WAY AND IDENTIFIED ON BERKELEY COUNTY TAX MAP EIGHT AS PARCEL 56.4. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR LIMITED VIDEO LOTTERY IN MU C3 OLLIE TIVAN. YOU GET ME. MARY , STATE YOUR NAME AND ADDRESS FOR THE RECORD. ABRAHAM ASHTON, THE ASHTON LAW FIRM 2 0 2 0 8 SOUTH QUEEN STREET FOR THE APPLICANT. RAISE YOUR RIGHT HAND, PLEASE SWEAR OR AFFIRM THE INFORMATION YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. I DO. MADAM CHAIRMAN WOULD, I WOULD JUST POINT OUT THAT THIS IS A SPECIAL EXCEPTION TO ALLOW FOR THE LVL MACHINES. THERE IS ALSO A VARIANCE. SO, UH, DEPENDING UPON THE DECISION OF THE BOARD, IF THE SPECIAL EXCEPTION IS GRANTED, IT SHOULD BE CONTINGENT UPON THE VARIANCE, THE GRANTING OF THE VARIANCE WITH SEVERAL PARTS OF THE VARIANCE WOULD BE REQUIRED TO OPERATE THE LVL MACHINES, SPECIFICALLY THE ONE YEAR RULE. OKAY. EVERYBODY UNDERSTAND THAT? YES. MM-HMM . YES. ALL RIGHT. NOW. ALL RIGHT. SO IN MY CONVERSATIONS WITH THE CITY MANAGER, I UNDERSTAND THIS MIGHT BE THE FIRST TIME ANYONE'S EVER ACTUALLY TRIED TO ASK FOR VARIANCE FOR ONE OF THESE. SO THE ISSUE ARISES IS THAT MY CLIENT OWNS THE BUILDING THERE ON VIKING WAY. IT WAS THE OLD PIZZA HUT. UH, IT'S BEEN VACANT FOR A WHILE. UH, AND THE OPER MY CLIENT IS, IS AN OPERATOR OF, UH, LVL. HE'S GOT SEVERAL LOCATIONS IN BERKELEY AND JEFFERSON COUNTIES, UH, AND, UH, HAS AN EXISTING, UH, LOCATION, UH, IN THE CITY OF MARTINSBURG AND WOULD WOULD LIKE TO EXPAND THAT BUSINESS TO A SECOND LOCATION IN THE CITY. AND SO THE FIRST PART OF IT, UH, OF THE REQUEST WOULD BE THAT THE CITY ORDINANCE REQUIRES THAT IN ORDER TO HAVE THE MACHINES THAT THE BUSINESS BE OPEN FOR ONE YEAR. AND MY UNDERSTANDING, UH, AS TO WHY THAT WAS PUT IN WAS AT THE TIME, UH, THE, UH, CONCERN WAS THAT THE CITY DID NOT WANT, UH, JUST ANYONE TO COME IN AND PUT IN MACHINES AND PUT 'EM IN A CLOSET AND PUT A, YOU KNOW, PALM TREE OUTSIDE AND SAY, COME ON IN. AND SO THE, THE IDEA WAS THAT SOMEONE WOULD BE ESTABLISHED 'CAUSE THEY DIDN'T WANT IT TO JUST BE THAT. UM, AND SO IN THIS CASE, UM, THE, THE ARGUMENT I WOULD MAKE IS THAT THE APPLICANT IS ALREADY OPERATING IN THE CITY, UH, ALREADY, UH, IS AN EXPERIENCED OPERATOR, IS NOT SOMEBODY WHO HASN'T DONE THIS BEFORE. UH, AND SO, UM, THAT, THAT WOULD BE THE LOGIC BEHIND, BEHIND THAT. THE, THE SECOND, UH, TWO REQUESTS, UH, GO SORT OF FIT TOGETHER. THE BUILDING IS NOT VERY BIG. IF YOU'VE EVER BEEN OUT THERE, UM, IT'S ABOUT 2,400 SQUARE FEET. UM, BUT ABOUT HALF OF THAT OR MORE IS TAKEN UP WITH THE KITCHEN BATHROOMS WASH AREA. UM, AND SO THAT ONLY LEAVES, UH, ABOUT 1100 SQUARE FEET. AND SO ONE OF THE REQUIREMENTS OF THE ORDINANCE IS THAT THESE, UM, THAT THE MACHINES BE IN A SEPARATE ROOM, UH, AND THERE'S JUST NOT ENOUGH. THERE'S, IT'S NOT REALLY PRACTICAL TO CREATE A SEPARATE ROOM AND EXPECT IT TO BE PROFITABLE. UM, IT WOULD BE, YOU KNOW, YOU'RE ESSENTIALLY IN A CLOSET, UM, TRYING TO, UH, TRYING TO, YOU KNOW, HAVE A GOOD TIME. AND SO THE OPEN FLOOR PLAN CONCEPT IS WHAT IS WHAT WORKS, UH, MUCH BETTER. UH, AND I'LL PUT IN THE APPLICATION SOME EXAMPLES OF SORT OF WHAT, UM, THE VISION WOULD BE FOR WHAT IT WOULD LOOK LIKE INSIDE. SO THAT, UH, THE UNDERSTANDING IS IT'S NOT JUST SOME SORT OF, UM, YOU KNOW, LIPSTICK ON A PIG SITUATION. UM, BUT THE, MY CLIENT OWNS THE, UH, THE, UH, APPLEMAN GRILL IN [01:35:01] INWOOD, WHICH GIVE YOU AN EXAMPLE OF THE KIND OF, UH, MENU, UH, THAT HE WOULD, THAT HE WOULD HAVE. HE ALSO OPENED A BRAND NEW LOCATION IN RANSOM, UH, WHICH WOULD HAVE A BAR THAT'S SIMILAR TO WHAT WE'RE HE'S CONTEMPLATING HERE. UM, THE ALLEYS IN INWOOD IS ALSO A REALLY GOOD EXAMPLE BECAUSE IT'S THE SAME SIZE AND IT WOULD GIVE YOU A VISION OF, UM, WHAT IT WOULD LOOK LIKE INSIDE. AND SO THE IDEA FOR AN OPEN, UM, AN OPEN SPACE, UH, BLESS IT, IS JUST, IT'S JUST BETTER. IT'S JUST BETTER BUSINESS, WHICH THEN LEADS TO THE THIRD REQUEST, WHICH IS, UH, THE, UH, THE CITY ORDINANCE REQUIRES UNDER 21, WHICH DOESN'T REALLY MAKE A LOT OF SENSE TO ME. BUT THE A, BC IS THE OPPOSITE. YOU, YOU, YOU CAN'T HAVE ANYBODY THAT'S NOT 21 BE IT, BE IN THE, UH, IN THE FACILITY. SO WOULDN'T THAT JUST BE THE LOTTERY SIDE THAT REQUIRES EVERYBODY OVER 21? THE A, B, CA? YOU CAN BE UNDER 21 AS LONG AS YOU'RE THERE WITH THE GUARDIAN, BUT WITH LOTTERY, IT'S A STRICT PROHIBITION AGAINST PEOPLE UNDER 21 IN THE PARK THAT WOULD HAVE THE MACHINES. THAT THAT'S CORRECT. BUT THAT GOES IN HAND, IN HAND WITH THE OTHER REQUEST IS THAT WE'D LIKE THE WHOLE SPACE TO BE OPEN AND NOT HAVE TO HAVE IT. SO THEN WE WOULD NEED, UM, IF WE WERE TO GET THAT, UM, UH, APPROVED, WE WOULD NEED IT, NEED THIS, UH, TO BE 21 0 21 TO BE INCLUDED AS WELL. THEY GET, THEY, THEY KIND OF GO TOGETHER. IF IT'S OPEN SPACE, IT HAS TO BE 21. THAT'S CORRECT. YEAH. AND SO, UM, AND OF COURSE THE, WHAT I THINK KIND OF THE IRONY THERE IS THAT IF HE WANTED TO JUST OPEN UP A BAR AND JUST BE A BAR, I MEAN, HE DOESN'T EVEN NEED A VARIANCE. HE CAN JUST DO THAT. UH, BUT IF HE WANTS TO PUT A FEW MACHINES IN IT, UM, THEN, YOU KNOW, WE HAVE TO GO THROUGH THIS. SO THOSE ARE THE REQUESTS. I THINK THERE MIGHT HAVE BEEN SOMETHING ON HERE ABOUT, UH, THAT I SAW IN THE, UH, ON THE AGENDA ABOUT THE SEATING. I DON'T THINK WE NEED THAT. I THINK HE CAN GET THE SEATS. I DON'T THINK WE NEED TO ASK FOR THAT. UM, BUT GENERALLY SPEAKING, UM, THAT'S WHAT WE'RE ASKING FOR TODAY. OKAY. NOW, UM, I LOST MY TRAIN OF THOUGHT. WELL, I'LL JUMP IN WHILE YOU'RE OKAY. TAKING THE CREAM BACK ON. JUST A LITTLE HISTORY OF THE LVL MACHINES IN MARTINSBURG, THE ORIGINAL ORDINANCES, THE CITY OF MARTINSBURG PROHIBITED LVL MACHINES WITHIN THE CITY THAT HAD NOT ALREADY BEEN LOCATED. THEN ABOUT SEVEN OR EIGHT YEARS AGO, WE CAME BACK WITH A, AN AMENDMENT TO THE ORDINANCE THAT SAID THAT THEY COULD BE LOCATED WITHIN CERTAIN DISTRICTS AS LONG AS THEY WERE A THOUSAND FEET AWAY FROM, UH, OTHER, UH, LVL MACHINE LOCATIONS OR GOVERNMENT BUILDINGS AND PARKS AND ALL. IN FACT, I THINK HE LOCATED IN THE ONLY LOCATION IN MARTINSBURG THAT IT COULD BE OVER OFF OF, UH, OVER CLOSE TO THE TOWN. UH, THE, UM, THE PLAZA, UH, THEN WHEN THIS ORDINANCE WAS CREATED, IT WAS DETERMINED THAT THAT WAS NOT REALLY THE BEST WAY OF, OF REGULATING LVL MACHINES, UH, SPECIFICALLY. SO THE NEW ZONING ORDINANCE WAS CREATED, WHICH NOW IS CREATED WHAT WE'RE HERE FOR NOW. IT HAD THE REQUIREMENTS OF A YEAR IN BUSINESS, UM, OFF INTO A LITTLE ROOM, BUT THAT'S SORT OF THE HISTORY OF THE LVL MACHINES IN MARTINSBURG. UM, AND, UH, AVIS CORRECT. THIS IS THE FIRST TIME WE'VE HAD ANYBODY COME BEFORE THE BOARD OF ZONING APPEALS REQUESTING ANY VARIANCES FROM THE ZONING ORDINANCE. WHAT OTHER ESTABLISHMENTS DOES HE HAVE? HE OWNS, UH, THE JULIA'S, UM, ESTABLISHMENTS THAT ARE ALL OVER BERKELEY COUNTY. OKAY. YEAH. UH, THE APPLEMAN GRILL, UH, ALSO JUST DID ONE IN RANSOM. THAT'S, UH, STILL A JUS OKAY. JUST CURIOUS. YEAH. ANYBODY ELSE HAVE ANY QUESTIONS? QUESTION, GO AHEAD. IF WE GAVE THIS TO HIM, WOULD THAT OPEN THE DOOR FOR THE FUTURE FOR ANYONE ELSE TO BE ABLE JUST TO COME AND PUT THE LDL MACHINES IN THERE WITHOUT THE LITTLE ROOM? NO, EVERYBODY WOULD HAVE TO COME IN FRONT OF US. OKAY. ANY OTHER QUESTIONS? NOT CURRENTLY. WHAT, WHAT EXACTLY WOULD WE BE VOTING ON THEN? EXPLAIN THAT PLEASE, PLEASE. THERE'S SEVERAL THINGS THAT WILL BE REQUIRED OF THE VOTE FOR THIS BOARD. ONE IS A SPECIAL EXCEPTION, WHICH IS WHAT WE'RE DOING NOW, RIGHT. ALL LVL LOCATIONS WITHIN THE CITY OF MARTINSBURG IN THE ZONES THAT THEY'RE GONNA LOCATE ARE REQUIRED TO HAVE A SPECIAL EXCEPTION. THERE IS NO RIGHT TO HAVE AN LVL MACHINE ONCE IT HAS TO FIT IN THE NEIGHBORHOOD. SO THEY MAKE IT HAVE TO. OKAY. THANK YOU. UH, THEN THEY'RE ASKED FOR THE VARIANCES. SO WE'LL NEED TO VOTE ON SEVERAL VARIANCES. ONE IS TO ALLOW THEM TO HAVE AN LVL WITHOUT BEING OPEN FOR A YEAR OPEN. ONE IS TO HAVE THE OPEN SPACE. UH, AND THE OTHER I BELIEVE THAT THEY'RE REQUESTING [01:40:01] IS TO ALLOW, OUR ORDINANCE REQUIRES 'EM TO BE, THAT THE LOCATION HAS TO ALLOW PEOPLE OVER THE AGE OF 18. OKAY. WHICH BASED UPON THIS DESIGN, THEY CAN'T GET THEIR LVL LICENSE THEN, BECAUSE THE LOTTERY WILL TELL THEM THAT 21, YOU CAN'T HAVE ANYBODY 18, 19, OR 20 THAT CAN SEE THE MACHINE BECAUSE IT'LL JUST CORRUPT THEIR MORAL FIBER . OKAY. RIGHT. THANK YOU. AND KEN, I WOULD ALSO POINT OUT ON THE, ON THE ONE YEAR THAT, UM, IT'S A GRAY AREA IS HOW YOU WANT TO INTERPRET THAT BECAUSE HE IS, HAS BEEN OPENED IN THE CITY FOR MORE WELL OVER A YEAR, JUST NOT IN THIS PARTICULAR LOCATION. SO JUST WANNA POINT OUT THAT THE ORDINANCE ISN'T REALLY CLEAR HOW YOU EVALUATE THAT. OKAY. ANY OTHER QUESTIONS? NOT CURRENTLY. WE'LL MOVE ON TO STAFF. ALL RIGHT. KEN, THANK YOU FOR TAKING UP MOST OF MY REPORT. I APPRECIATE IT. . UM, SO BASICALLY WE JUST HAVE THE APPLICANT SEEKS A SPECIAL EXCEPTION TO ALLOW LIMITED VIDEO LOTTERY ESTABLISHMENT WITHIN THE CURRENTLY VACANT BUILDING LOCATED AT 2 0 5 VIKING WAY. UM, A RELATED VARIANCE APPLICATION WILL BE PRESENTED IMMEDIATELY FOLLOWING THIS CONSIDERATION. OKAY. UM, MY ONLY QUESTION FOR YOU GUYS IS THE OTHER ESTABLISHMENT THAT THEY HAVE IN THE CITY OF MARTINSBURG. HAS THERE BEEN PROBLEMS, ISSUES? NO. THERE'S BEEN NO PROBLEMS. UM, I THINK THAT THEY'RE GOOD ON THEIR B AND OS AND ALL THAT GOOD STUFF, SO WE HAVEN'T HEARD ANY PROBLEMS. OKAY. I, I THINK THE NO NEWS IS, GOOD NEWS WE HAD WAS THEY WANTED TO PUT A SIGN IN THE RIGHT OF WAY AND THEY HAD TO PUT SIGN BACK OFF THE RIGHT OF WAY. RIGHT. CHANGE, CHANGE. YEAH. YEAH. WE'RE GONNA DO THAT. . OKAY. ALL RIGHTY. ANYBODY HAVE ANY QUESTIONS BEFORE WE DO THE PUBLIC PORTION? NO. NO. UH, I I HAVE ONE QUESTION FOR STAFF. OKAY. I NOTICED IN THE STAFF ANALYSIS SAYS THE, THAT THIS IS GONNA BE ACROSS THE STREET FROM A NEW BEHAVIORAL HEALTH CENTER FOR WVU AND IS THAT, CAN YOU BRING YOUR MIC CLOSER? IT'S HARD FOR ME TO HEAR YOU SO I KNOW I CAN'T. SORRY. UM, I NOTICED THE STAFF SAYS THIS WOULD BE ACROSS FROM A NEW BEHAVIORAL HEALTH CENTER FOR WWV NEW MEDICAL CENTER. AND IS THAT GONNA BE ON WHEN YOU SAY ACROSS THE STREET ON FOXCROFT, WHICH I, I MEAN 'CAUSE THEY'RE SO CLOSE TOGETHER OR I'M JUST CURIOUS. IT'S IN THE VIKING WAY PLAZA. UM, THEY, THEY TOOK OVER THE SUITES THAT CITY HALL WAS LOCATED IN. OKAY. DURING THE RENOVATIONS. OKAY. OKAY. ALRIGHT. ANY OTHER QUESTIONS? SO PRESUMABLY THE CLIENTS OF THE BEHAVIORAL HEALTH CENTER, UM, THERE'S REALLY NO SIGNAGE OR ANYTHING THAT SAYS, HEY, I'M A GAMBLING PLACE, RIGHT? NO, JUST THE NAME. THERE'S PRETTY STRICT REQUIREMENTS FROM LOTTERY ABOUT WHAT THEY CAN DO. OKAY. BASICALLY IT'S THE BIG RED BALL OKAY. THAT YOU SEE ON A DOOR. OKAY. AND THE NAMES CAN'T HAVE GAMBLING IN IT. OKAY. STUFF LIKE THAT. ALRIGHT. OKAY. NO MORE QUESTIONS. ALL RIGHT. WE'LL 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. STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE. HELLO, BARBARA BRA ONE 16 NORTH TENNESSEE AVENUE AND I'M KIND OF SURPRISED BECAUSE I LOOK AT THE STAFF REPORT FOR THE SPECIAL EXCEPTION AND IT SAYS, STAFF DOES NOT RECOMMEND THE APPROVAL OF THIS LIMITED VIDEO LOTTERY FACILITY. IT DOES NOT MEET ALL THE REQUIREMENTS SET OUT IN ARTICLE 4.08 AND THAT IS AT THE BOTTOM OF THAT PAGE. BUT I ASK THAT YOU VOTE NO ON THIS SPECIAL EXCEPTION FOR A LIMITED VIDEO LOTTERY AT 2 0 5 VIKING WAY. THE PROPOSAL DOES NOT MEET THE REQUIREMENTS LISTED IN LETTER A THAT YOU HAVE TO ANSWER. THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE ZONING ORDINANCE. THERE ARE A TOTAL OF EIGHT REQUIREMENTS IN THE ZONING ORDINANCE AND THIS PROPOSAL AND I HE KIND OF SLURRED THE VARIANCES AND THE WHAT TOGETHER. SO I'M GONNA GO AHEAD 'CAUSE THIS IS A PART OF YOUR ZONING ORDINANCE. THEY'RE ASKING THAT YOU DROP FOUR OF THE EIGHT REQUIREMENTS. ONE REASON GIVEN NUMEROUS TIMES TO DROP THE FOUR REQUIREMENTS IS THAT THE OWNER IS AN EXPERIENCED OPERATOR. SO THOSE RE REQUIREMENTS SHOULD NOT APPLY. I'M SORRY. A PERSON WHO IS EXPERIENCED MAY BE EXPERIENCED, BUT THE ZONING REQUIREMENTS STILL [01:45:01] APPLY TO ALL WHO SEEK TO DO BUSINESS IN THE CITY. STANDARDS AND PROCEDURES MUST BE FOLLOWED FOR THE SAFETY AND INTEGRITY OF THE CITY. THERE ARE FOUR REQUIREMENTS REQUESTED TO BE DISMISSED. LETTER A LYDIA, WHICH IS PART OF THE ZONING ORDINANCE. A LIMITED LOTTERY SHALL ONLY BE PERMITTED AS AN ACCESSORY USE TO A RESTAURANT. THE ZONING ORDINANCE DEFINES SHALL AS MANDATORY AND DIRECTIVE THE ZONING ORDINANCE DEFINES SHOULD AND MAY AS PERMISSIVE. SO WHEN THIS ZONING ORDINANCE SAYS LIMITED LOTTERY SHALL BE PERMITTED AS AN ACCESSORY USE TO A RESTAURANT THAT MUST BE FOLLOWED. LETTER B, LIMITED LOTTERY MACHINES MUST BE IN A SEPARATE ROOM. AGAIN, IT'S NOT MAY, IT'S NOT SHOULD. LETTER D RESTAURANTS MUST HAVE AT LEAST 30 SEATS AND FIVE TABLES. NOW MAYBE THAT HAS CHANGED, BUT THAT'S WHAT WAS IN THE REQUEST. AGAIN, MUST NOT MAY OR SHALL AND LETTER E RESTAURANTS MUST BE IN OPERATION FOR A MINIMUM OF ONE CALENDAR YEAR AND INCLUDE PATRONS UNDER 18. AGAIN, IT IS NOT SHOULD OR MAY LETTERS. A, B, D AND E CANNOT BE DISMISSED FROM OUR ZONING ORDINANCE. THEREFORE, THIS PROPOSAL IS NOT IN HARMONY WITH THE CITY'S ZONING. SHOULD I WAIT FOR THE VARIANCES TO GO TO MY NEXT? ACTUALLY I THINK THIS WAS ACTUALLY IN THE SPECIAL EXCEPTION. EXCUSE ME FOR A MINUTE. 'CAUSE THERE WERE TWO. IT GOT CONFUSING. WELL, I'M GONNA GO AHEAD AND SAY IT. I MAY BE IN THE WRONG PLACE. I BELIEVE THIS IS UNDER VARIANCE. SORRY. I'LL COME BACK AT VARIANCE. THANK YOU. ANYBODY ELSE WISHING TO SPEAK AGAINST THE APPLICANT? PLEASE COME FORWARD. LET THE RECORD SHOW NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. MADAM CHAIR, I WOULD LIKE TO POINT OUT THAT IS NOT, UH, THE, THE PART ABOUT A, UH, ANCILLARY USE TO A RESTAURANT IS NOT BEING REQUESTED AS A VARIANCE. IT IS GOING TO BE AN ANCILLARY USE TO A RESTAURANT. SO JUST LETTER A IS NOT, WE'RE NOT ASKING FOR VARIANCE FOR THAT. OKAY. OKAY. ANY QUESTIONS FOR STAFF OR THE APPLICANT BEFORE WE GO THROUGH THE POINTS? NO. LEMME MAKE SURE I GOT THE RIGHT ONE HERE. YES. OKAY. THIS IS FOR SPECIAL EXCEPTIONS. SO WE GOTTA GO THROUGH THE POINTS FOR A SPECIAL EXCEPTION. THE PROPOSED USE IS IN HARMONY WITH THE PURPOSE AND INTENT OF THE CITY COMPREHENSIVE PLAN AND OF THIS ORDINANCE. NO, I WOULD AGREE. I DON'T AGREE. YEAH, I AGREE. NO, NO. ROLL CALL. BRENDA CASONA. NO. LANSDOWN, NO. CHRISTINA BRINER? NO. YES. THE LOCATION AND SIZE OF THE USE, THE NATURE AND INTENSITY OF THE OPERATIONS INVOLVED IN ARE 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 ORDERLY DEVELOPMENT OF THE ZONING DISTRICT IN WHICH IT IS LOCATED. ROLL CALL. IF WE DO ONE, WE GOTTA DO 'EM ALL. ALL RIGHT. BRENDA CASONA. I WOULD SAY, YEAH. IS ANDREA LANDSDOWN? I WOULD SAY NO. CHRISTINA BRINER? I'D SAY YES ON THAT ONE. MARY DOT YES. 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 ADJACENT LAND BUILDINGS. BRENDA CASABONA I AGREE. IS ANDREA LANDSDOWN. I I AGREE. CHRISTINA BURTNER? YES. MARY JULIO? YES. OPERATIONS IN CONNECTION WITH ANY SPECIAL USE WILL NOT BE MORE OBJECTIONABLE TO NEARBY PROPERTIES BY REASON OF NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THAN WOULD BE THE OPERATIONS OF ANY PERMITTED USE. NOT REQUIRING A SPECIAL PERMIT. BRENDA CAST I AGREE. IS ANDREA LANSDOWN? NO. CHRISTINA BURNER. YEAH, I AGREE. MARY DOLIA, YES. 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 DRIVE SHALL BE LAID OUT SO AS TO ACHIEVE MAXIMUM SAFETY. BRENDA? CAST AGREE. ANDREA LANSDOWN AGREE. CHRISTINA BURNER. [01:50:01] AGREED. MARY JULIA? YES. 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. BRENDA? CAST AGREE. SOUND REALLY ENDS DOWN AGREE. CHRISTINA PARTNER AGREE. MARY DOLIA? YES. OKAY. WE'VE GONE THROUGH THE POINTS TO GRANT A SPECIAL EXCEPTION. I WILL ENTERTAIN A MOTION. I LOST THAT PAGE. NOW. UM, HERE WE GO. I MAKE A MOTION TO APPROVE THE SPECIAL EXCEPTION FOR PROJECT 2026 DASH 44 DASH SE, SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 25 2 0 5. SORRY, VIKING WAY. UH, SPECIAL EXCEPTION TO PURSUANT TO MARTINSBURG ZONING ORDINANCE TABLE 4.01 TO ALLOW FOR LIMITED VIDEO LOTTERY IN ANY MUC DASH THREE DISTRICT. OKAY, I HAVE A MOTION. DO I HAVE A SECOND? WE NEED A SECOND. WE NEED A SECOND SO WE CAN VOTE. YOU DON'T HAVE TO VOTE. YES. YOU STILL GOT I NEED SECOND. SECOND IT OKAY. OKAY. I HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SIGNIFY I HAVE FURTHER DISCUSSION. OKAY, GO AHEAD. I DON'T UNDERSTAND HOW WE'RE IGNORING WHAT OUR VARIANCES ALREADY ARE WHEN IT'S AN OPEN ROOM AND THERE'S NO WALL THERE. WE'RE NOT ON THE VARIANCES. WE'RE ON SPECIAL EXCEPTION. JUST DOING SPECIAL EXCEPTION NOW. OKAY. ALL IN FAVOR SIGNIFY BY SAYING AYE. OH, LET'S DO A ROLL CALL. ALL RIGHT. BRENDA CASABONA? NO. SANDRA LANDS DOWN. NO. CHRISTINA BRINER? NO. MARY DOLIA? NO. OKAY. MOTION DID NOT PASS. OKAY. WE'LL GET A LETTER ON THAT. WE'LL HAVE THE INFORMATION ON HOW TO APPEAL THAT. WE STILL CAN GO THROUGH THE VARIANCE. MM-HMM . UH, I KNOW THAT ABE HAS ALREADY TALKED A LOT ABOUT THE VARIANCE THAT YOU NEED TO ADD ANYTHING TO THAT OR, I MEAN, I DON'T THINK SO. I MEAN, IF WE DON'T HAVE A SPECIAL EXCEPTION, IT DOESN'T REALLY MATTER. YEAH. DO YOU WANT TO JUST WITHDRAW THE VARIANCE REQUEST AT THIS TIME THEN? YEAH, LET'S JUST DO THAT. OKAY. DO WE NEED TO VOTE ON THAT? NO, THEY JUST WITHDREW IT, SO. OKAY. ALRIGHT. ALL RIGHT. SO PROJECT NUMBER 2026 DASH 45 DASH V WAS WITHDRAWN BY THE APPLICANT. SO WE WILL MOVE ON TO PROJECT NUMBER 2026 DASH 46 DASH B VARIANCE. THE PROPERTY IS LOCATED AT 2 0 6 NORTH RED HILL ROAD AND IDENTIFIED ON BERKELEY CLAY COUNTY TAX MAP FOUR A AS PARCEL 40. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH 3D, D 0.1, AND D 0.2 TO EXCEED FRONT SETBACK AND REDUCE SIDE SETBACK FOR OUTBUILDINGS IN SR ONE LEE HORTON. CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? MY NAME'S DR. LEE HORTON. AND, UH, I LIVE AT 2 0 6 NORTH RED HILL ROAD. OKAY. RAISE YOUR RIGHT HAND PLEASE. 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. EXPLAIN WHAT IT IS THAT YOU'RE LOOKING TO DO, PLEASE. WELL, WE'VE LIVED IN THE RED HILL ROAD AREA AROUND THE PARK IN MARTINSBURG FOR A LONG, LONG TIME IN 27 YEARS. AND, AND I PLAN TO LIVE THERE UNTIL I DIE. BUT, UH, WE NEED MORE STORAGE SPACE FOR MOWERS AND THINGS. AND OUR, OUR NEIGHBORS HAVE A STORAGE BUILDING, AN AMISH BUILDING, AND WE'RE GETTING ONE MADE. WE'D LIKE TO GET ONE MADE AND, UH, IT'LL BE TRUCKED IN, BUT WE WANT IT ATTRACTIVE WITH, WITH, UH, WINDOW SHUTTERS AND THE, UH, YOU KNOW, A NICE METAL ROOF. AND THE NEXT DOOR NEIGHBOR THAT HAS ONE LIKE OURS IS, IS FINE WITH IT. AND THE WHAT WHAT'S HAPPENED WITH THE, THE ZONING ORDINANCES IS I FOUND OUT THAT IT DOESN'T FIT THE FRONT SETBACK DISTANCE FOR BACK OUT BUILDINGS. AND SO WHAT THAT MEANS IS, IS THAT THE OUT BUILDING IS TOO FAR BACK WOULD, WOULD BE TOO FAR BACK FROM THE BACK OF OUR HOUSE. AND SO I'M, I'M ASKING FOR, UH, AN EXCEPTION FOR THAT TO, SO THAT WE CAN PUT IT IN A, IN A REASONABLE POSITION BACK THERE WHERE IT'LL BE ATTRACTIVE AND, AND USEFUL. OKAY. WHAT ABOUT THE SIDE SETBACKS? THE SIDE SETBACK IS, [01:55:01] UH, WE'RE ASKING FOR A A, A SLIGHT REDUCTION IN THE SIDE SETBACK AND THAT'S OKAY WITH, WITH OUR NEIGHBORS ON THAT SIDE, JUST, JUST FOR AN ECONOMY OF SPACE. AND WE, UH, WE, WE KEEP THAT AREA MOWED AND CLEANED AND, UH, OKAY, SO THE ONLY REASON THAT YOU WANT TO IMPEDE INTO THE SIDE SETBACK IS FOR AESTHETIC PURPOSES, IS WHAT YOU'RE SAYING? JUST FOR NOT, NOT FOR A, THE SIDE SETBACK. YES. NOT, NOT SO MUCH FOR AESTHETIC PURPOSES, BUT, BUT FOR, UH, USE USE OF THE SPACE, THE USE OF THE, OF THE PROPERTY SPACE. WE, WE DON'T NEED THAT SPACE. AND THEY HAVE A, THEY HAVE A FENCE UP, UH, A CHAIN LINK FENCE UP, AND WE AGREED AS LONG AS WE COULD GET A LAWNMOWER BETWEEN THERE AND KEEP IT MOWED AND KEEP IT NICE THAT, UH, THAT WOULD BE, THAT WOULD BE WASTED, THAT WOULD BE WASTED TO USE UP MORE OF OUR BACKYARD SPACE. SO. OKAY. DID THAT, DID THAT, DID I GET THAT EXPLAIN? I THINK SO. NOT REALLY. WHAT? IT WOULDN'T MAKE IT, WHAT IS THE CURRENT SETBACK FOR SIDE? REMIND ME? I THINK IT'S 10 FEET. THAT'S WHAT I THOUGHT. YES. YES. 10 FEET. AND HE'S PROPOSING HOW MANY FEET OFF OF THE PROPERTY LINE? THREE. THREE FEET. THREE FEET? YEAH. OKAY. AND THAT, THAT'LL, THAT'LL MAKE THE, THAT'LL MAKE THE WHOLE SETUP MORE ATTRACTIVE. AND, AND IT'LL, UM, IT'LL GIVE US MORE USABLE, USABLE YARD SPACE THAT'S NOT COVERED BY THE SHED. AND IT WON'T, WON'T AFFECT THE, THE, THE CLEANING AND THE, THE MOWING AND THE TRIMMING OF THE, OF THE BACK OF IT. OKAY. AND IT'LL HAVE WINDOWS ON THE BACK AND IT'LL BE, IT'S NOT GONNA BE A, JUST A STORAGE SHED. IT'S GONNA BE PRETTY. OKAY. ANY QUESTIONS FOR THE APPLICANT? NO. NO, NO STAFF. THE APPLICANT IS REQUESTING A VARIANCE PURSUANT TO MARTINSBURG ZONING ORDINANCE SECTION 3.05, FIGURE THREE DASH THREE DD ONE TO EXCEED FRONT SETBACK AND D THREE TO REDUCE THE SIDE SETBACK FOR OUTBUILDINGS AND SR ONE. THE ZONING ORDINANCE STATES THAT FRONT SETBACKS FOR OUTBUILDINGS ARE TO BE 10 FEET PLUS THE FRONT SETBACK, WHICH IS A MINIMUM OF 30 FEET AND A MAXIMUM OF 50 FEET FOR THE PRINCIPAL STRUCTURE. THE FRONT SETBACK, THE FRONT SETBACK OF THE PRINCIPAL STRUCTURE IS 50 FEET. THE PROPOSED FRONT SETBACK IS 135 FEET FOR THE OUTBUILDING. THE SIDE SETBACK REQUIREMENTS FOR SUBURBAN RESIDENTIAL, ONE IS A MINIMUM OF 10 FEET. THE APPLICANT IS REQUESTING THE SIDE SETBACK OF THREE FEET. THERE ARE CURRENTLY TWO SMALL ON PERMITTED OUTBUILDINGS IN THE PROPOSED LOCATION. A PERMIT HAS BEEN FILED FOR. OKAY. ANY QUESTIONS FOR STAFF? UM, IS THE, ARE THE OTHER, OTHER PROPERTIES IN THE AREA, DO THEY HAVE SIMILAR, UM, SHEDS? SHEDS THAT ARE IN LIKE CLOSER TO THE YES, IT WOULD BE, UM, UNIFORM TO WHAT IS OUT THERE CURRENTLY, IF THIS GOES THROUGH. I SEE. OKAY. OKAY. THAT'S WHAT I SHOULD HAVE ASKED. YES, THAT'S WHAT I SAID. SO THE PROPOSAL IS UNIFORM WITH WHAT? THE, WHAT'S OUT THERE CURRENTLY. OKAY. ANY OTHER QUESTIONS FOR STEPH APPLICANT? NO. OKAY, THEN WE'LL 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, LET THE RECORD SHOW NOBODY COMING FORWARD. THE PUBLIC PORTION IS NOW CLOSED. OKAY? SO IN ORDER TO GRANT A VARIANCE, WE HAVE TO GO THROUGH THE POINTS OF A VARIANCE, ALL RIGHT. IT WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, OR WELFARE OR THE RIGHTS OF ADJACENT PROPERTY OWNERS OR RESIDENCE. AGREE, AGREE. 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 TO BE DONE. AGREED. AGREE. OKAY. WE'RE IN AGREEMENT THEN [02:00:01] I WILL ENTERTAIN A MOTION. I MAKE A MOTION TO APPROVE THE VARIANCE AT 2 0 6 NORTH RED HILL ROAD PROJECT 2026 DASH 46 DASH V TO ALLOW FOR A ONE TO ALLOW FOR A 135 FOOT FRONT SETBACK AND THREE FOOT SIDE SETBACK FOR AN OUTSTANDING OUTBUILDING IN SR ONE. OKAY. I HAVE A MOTION. DO I HAVE A SECOND? I'LL SECOND IT. 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. THANK YOU. ALL RIGHT. NO DISCUSSION OR ACTION ITEMS? NO OTHER BUSINESS. I'LL ENTERTAIN A MOTION TO ADJOURN. I MAKE A MOTION TO ADJOURN. I SECOND IT. HAVE A MOTION. AND SECOND. ALL IN FAVOR? AYE. AYE. ALL OPPOSED? WE ADJOURNED. * 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.