Suzanne Stewart
Staff Writer
After learning that the suggested set back footage for new construction was handwritten in the ordinance, Marlinton Town Council sent the ordinance to the town’s attorney to be rewritten.
Two months later, at Monday night’s town council meeting, the new ordinance was on the agenda for its first reading. Town building inspector Bruce Van Meter presented the ordinance to council, explaining the additions to the ordinance and things that were removed.
Businessowner Crystal Dean voiced her concern with the new draft of the ordinance, stating that several sections of the ordinance give her heartburn.
Her biggest concern was with the “Grandfather Clause” that gives the town authority to decide which properties are allowed to have a structure rebuilt on a former foundation – that would not be in line with the new setback rule.
The ordinance requires a five-foot setback for businesses and a 10-foot setback for residences. Dean used the example of a house burning down and said if the new house was not grandfathered in, it would be impossible to build a new one.
“That rule would say that, if someone’s house burns tomorrow and they live on a 30 by 80 lot, they no longer have a home, but they no longer have a piece of property they can do anything with,” she said. “Where I have a lot of heartburn, is this was brought up in an August meeting, two months ago, where it was realized that properties were grandfathered in and could be built on and two months later, we have an ordinance saying no it can’t.”
Van Meter addressed the Grandfather Clause and explained that the town would review on a case-by-case basis whether or not it is safe for a structure to be rebuilt on an existing foundation that does not comply with the ordinance or if the property owner would have to rebuild according to the ordinance.
“This was recommended by our attorney,” he said. “It’s not that you can’t rebuild on that property. Say you bought a house from 1920 that has a sandstone foundation, and the left-hand side of that foundation was two feet from the property line of the neighbor’s house. That now violates the ordinance; however, you can still build on that property, you just have to bring that section into compliance within that ten feet.”
Recorder Mary Clendenen added that she spoke with the town’s attorney, and he said the case-by-case portion of the Grandfather Clause was added for safety concerns. If buildings are too close and one does happen to catch on fire, it is easier for the fire to jump from house to house.
Dean reiterated that her main concern is that the ordinance is giving council permission to pick and choose who can rebuild on a non-compliant foundation and who can’t.
“I have done nothing but tear down and build back better in this town,” she said. “I brought this to the town’s attention two months ago and now you are punishing me for building back.”
Mayor Sam Felton said council was not targeting Dean with the ordinance and agreed that there are several issues with the ordinance that need to be addressed.
Felton asked council what it wished to do, and council voted to send the ordinance back to the town’s attorney to review the concerning portions and have it revised for council’s approval.
Volunteer recognized for service
Felton and council recognized Dixie Schoolcraft and presented a Certificate of Appreciation to her for her volunteer work in town. Felton said the town is grateful to Schoolcraft for her desire to donate her time for the betterment of the town and thanked her for all the hard work.
In other business, council approved:
• third and final reading of ordinance amending business and occupation tax.
• third and final reading of ordinance implementing sales and use tax.
• to sponsor a community parade for Pocahontas County High School’s Homecoming week Tuesday, October 8.
• a donation of $300 Pocahontas County Free Libraries. Councilmember Joe Smith recalled that he stated last year, when this request was fulfilled, that council consider no longer making any donations. He said he appreciates what the libraries do, but that council is not in the business of making donations.
With that said, Smith made a motion to make the donation which was unanimously approved by council.
• set the date for Trick or Treat and Trunk or Treat for Thursday, October 31, from 5 to 7 p.m.
Crystal Dean is also organizing a block party at the same time and requested the town block off Third Avenue, from Eighth to Ninth Street for the event. Council approved to do so for the safety of the children.
• to have the annual Christmas lighting contest this year. Councilmember Olivia Dean said she has plans to add categories to the event and hopes to have horse drawn carriage rides through town for the first two weeks of December.
• to increase the garbage fee by 35 percent. The ordinance will reflect this increase, which is due to the increase in landfill fees. It was also noted that there will no longer be any special pick-ups in town. The new residential fee will be $42.52 every two months.
• approved to accept the bid from Lester Brothers, in Norton, for a 35G mini excavator, at a cost of $49,500.
Marlinton Town Council meets the first Monday of each month, excluding holidays, at 7 p.m. in the municipal building auditorium. The public is welcome to attend in person or online through a Zoom link.
