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Board allows rooftop sign at Mountaineer Popcorn building on East Mueller Avenue
Summary
The Board granted a variance allowing Mountaineer Popcorn to reuse an existing rooftop sign at 851 East Mueller Avenue, finding the sign predated recent rules and that removal would cause hardship; the applicant and neighbors described property improvements and community support.
The Martinsburg Board of Zoning Appeals on March 4 approved a variance permitting a rooftop sign at 851 East Mueller Avenue, the Mountaineer Popcorn Company location, after finding the existing sign predates the current prohibition and removal would create practical hardship.
Michael Valasek, owner of Mountaineer Popcorn, said the sign box had been on the building for more than 30 years and that contractors warned removing the sign would likely cause roof leaks and could require a full roof replacement. Valasek said he planned to replace the sign’s face with his new logo and that he had invested in property improvements at the gateway corner.
Planning staff explained the applicant had sought a permit that was denied as a roof sign under Martinsburg Zoning Ordinance sections 6.02 (roof sign) and 6.08 (prohibited signs, paragraph J). The applicant appealed that administrative decision to the board in November; the board upheld the administrative finding at that time, and staff set a removal deadline of July 1, 2025. Because that earlier action was an administrative appeal rather than a denied variance application, the applicant remained eligible to seek a variance at this hearing.
A nearby resident, Bernice Collins (who lives in the county but drives by the corner daily), told the board Mountaineer Popcorn had “improved that area 150,000 times more” and described the site as welcoming. Board members discussed whether the sign’s preexistence and the potential damage from removal constituted a special condition; the board concluded the application met the four variance criteria and voted to approve the variance with stipulations the board required (as recorded at the meeting). The board directed staff to issue written notice of the decision within 30 days; the decision may be appealed to circuit court within that period.
The variance approval applies to the existing sign box and allows the applicant to install updated sign faces consistent with the variance and any building‑code requirements. The board noted that public landscaping and the city’s “Welcome to Martinsburg” amenities at the same corner will affect sign visibility.
