WINFIELD, W.Va. -- A Winfield, W.Va., convenience store is violating a Putnam County zoning ordinance by renting U-Haul trucks, according to a lawsuit. The Putnam County Board of Zoning Appeals filed the complaint in late February against River Cities Foodmart, which does business as Friendly Mart of Winfield, said The West Virginia Record.
In the complaint, assistant prosecuting attorney Jennifer D. Scragg asks that Circuit Judge Ed Eagloski issue an injunction against the defendant directing it to remove structures that violate the zoning ordinance for zoned unincorporated areas of the [image-nocss] county. The ordinance, according to the complaint, requires a special permit for automobile sales, which includes rental or lease of vehicles.
The defendant was first told it could not operate the U-Haul business in a letter in April 2007, the report said. Later that month, Putnam County planning director Sandra Mellert spoke with Bobby Muncy, president of River Cities Foodmart, and told him that zoning required a 20-foot setback along W.Va. 34 and along U.S. 35 where no vehicles could be parked. But she said a possible plan for getting a special permit could include extending parking in the back of the store.
In May 2007, the Planning Office prepared a Notice of Violation, notifying Friendly Mart it had 10 days to apply for a special permit, the report said. In June 2007, the defendant applied for the permit. In July, the Planning Office told the defendant that the application was incomplete and needed to submit a list of property owners within 250 feet of the business and envelopes for each. The application also included a plan for parking within the setback areas along the highways.
The Planning Office, according to the complaint, sent more letters so the issue could be heard at the office's monthly meetings. In November, Muncy submitted a revised site plan.
The Planning Office visited the site and took photographs of U-Hauls parked within both 20-foot setbacks and in places outside of the proposed parking areas, said the report. Muncy said if a U-Haul were parked by a customer outside of the proposed parking areas that it could take up to 24 hours to remove and re-park the vehicle.
The board voted to deny the defendant's special permit, said the newspaper, because the parking plan was inadequate for the parking needs to lease and store U-Hauls, U-Haul vehicles were parked in the highway setback areas, the intersection is one of high traffic, the U-Hauls created visibility and safety issues and that it could take up to 24 hours for the defendant to move vehicles from the setback areas.
In a November 9 letter, the Planning Office advised Friendly Mart that it had 30 days to appeal. Otherwise, all U-Hauls must be removed within 30 days of the November 8 decision. On December 11 and 19, the U-Hauls still were parked in violation ordinance, according to the complaint. On December 19, the office hand delivered a notice of violation to Muncy saying he had until December 28 to remove the U-Haul equipment. On January 4 and 7, the U-Hauls still were there, said the report. On January 10, the board voted to seek an injunction against Friendly Mart and to refer it to the Putnam County Commission for assessment of fines.
More site visits occurred in January and February, the report added. The U-Haul equipment remained on each visit, the complaint said.Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.