2026-10-21 - Board of Zoning Appeals

00:20and welcome to the regular meeting of

00:22the City of Morgantown Board of Zoning

00:24Appeals. Please turn off all cell phones

00:26or other devices that may disrupt these

00:28proceedings. It is the duty of this

00:31board

00:32to consider

00:35requests for relief from the

00:36requirements of the city's zoning

00:38regulations, to consider

00:40conditional use permits, and to hear

00:42administrative appeals. The board

00:44conducts business in the following

00:46order:

00:47review, amend, and approve minutes of a

00:50previous meeting.

00:52We will then move to unfinished

00:53business,

00:55take up new business, and then conclude

00:57with announcements from staff.

01:00Each request is heard in the order that

01:02it appears on the agenda. For each

01:03conditional use and variance request,

01:05the following is done.

01:07We will introduce the agenda item, and

01:09the planning division will present a

01:10staff report, which may or may not offer

01:13a recommendation.

01:14The applicant agent will be asked to

01:16present their justification for the

01:18request, which may include questions by

01:20members of the board.

01:22I will then open a public hearing to

01:24hear testimony in support of or in

01:27opposition to the request. Rules

01:29regarding public testimony are as

01:31follows.

01:32Anyone wishing to testify during the

01:34public hearing may do so. Once

01:37recognized by me, or may, in lieu of

01:40oral testimony, submit written testimony

01:43to the chair.

01:45All recognized speakers must approach

01:47the podium,

01:49state their name and address for the

01:51record, and speak clearly into the

01:53microphone.

01:54All comments must be addressed to the

01:56board, should be relevant to the

01:58application, and may not be of a

02:00personal nature or personal attacks.

02:03All speakers will be limited to 5

02:05minutes.

02:07If members of the board have any

02:08questions of the speaker, that time will

02:10not be counted toward his or her 5

02:12minutes.

02:13If there's a large number of speakers,

02:15including many who are part of groups or

02:17organizations,

02:19we may, to avoid repetitive comments,

02:22elect to ask for a representative to

02:24speak on behalf of the group or

02:25organization.

02:27Speakers are notified that irrelevant

02:30comments or comments of a personal

02:32nature or personal attacks may result

02:35in the speaker forfeiting his or her

02:37opportunity to participate in the public

02:39hearing.

02:40I may elect to recognize the applicant

02:42agent at the end of the public hearing

02:44to provide rebuttal or additional

02:46comments, which will be limited to 5

02:50minutes, an additional 5 minutes.

02:52If members of the board have any

02:53questions of the applicant agent, that

02:55time will not be counted toward his or

02:58her 5 minutes. After all testimony and

03:01is heard, including possible rebuttal by

03:03the applicant,

03:05I will declare the public hearing

03:07closed, and no further public comment

03:10will be permitted.

03:11Uncivil, unruly, and or disruptive

03:14behavior at any time during this meeting

03:16is prohibited and will result in removal

03:18from this public meeting.

03:20State law requires the board to consider

03:22findings of fact for each conditional

03:24use and variance request case.

03:28The request cannot be granted unless a

03:30majority of the quorum present finds in

03:33the positive of all the findings of

03:34fact. The board may elect to continue

03:37the hearing

03:38to another date if it needs additional

03:40information.

03:41Applicants and requesting parties will

03:43be notified in writing by the planning

03:45division

03:47of the board's findings and conclusions,

03:49regardless of whether a request is

03:51approved or denied.

03:54Decisions of the board can be appealed

03:56to the Circuit Court of Monongalia

03:57County within 30 days

04:00upon receipt of the written notification

04:03from planning.

04:04Any work done relating to decisions

04:06rendered by this board during this

04:0830-day appeals period is at the sole

04:11financial

04:12risk of the applicant.

04:14Thank [snorts] you for your

04:15consideration and respect for these

04:17proceedings and the opinions of all

04:18meeting participants.

04:21Uh we are going to we are calling to

04:24order and we are going to do a roll

04:26call. Ms. Cook.

04:28>> Here.

04:29>> Mr. Martin.

04:31>> Here.

04:32>> Mr. Martin is here

04:33>> Mhm.

04:34>> remotely.

04:36Mr. Bennington is present. We do have a

04:38quorum so we can can can

04:41can continue with the cases.

04:43Uh before we proceed to our we don't

04:46have new old any old business. We do

04:49have one

04:50case under new business but before we

04:52proceed with that we do have meeting

04:55minutes to consider and possibly amend.

04:58Um

05:00anything to

05:02change, modify

05:04amend, revise?

05:05>> No.

05:06>> Uh Mr. Martin.

05:09>> I I have changes on my end.

05:11>> Now you So you had an opportunity to

05:13look and review?

05:16Yeah.

05:18Okay.

05:19Um so I move to accept the

05:22um

05:22meeting minutes from our previous

05:24meeting for

05:28uh September.

05:29Um and do we have a

05:32for October, I'm sorry.

05:34The special meeting October 5th same

05:37time 6:30 p.m.

05:39>> Yep.

05:40>> So these meeting minutes are for um

05:43Tuesday, October 5th at 6:30 p.m.

05:46>> I second.

05:47>> Um so we have a second to accept the

05:50meeting minutes. All those in favor?

05:52>> I.

05:53>> I.

05:54>> Okay. I. So, we have accepted the

05:58meeting minutes from the Tuesday,

05:59October 5th,

06:012026 meeting, special meeting at 6:30

06:04p.m.

06:05Um, no old business. We do have one case

06:09under new business. This is referenced

06:11as

06:12VAR 26-

06:15086, James Fisher, 124 Sheldon Avenue.

06:20This is a request by James Fisher for

06:22variance relief from section 1335.04

06:26of the city's planning and zoning code

06:28regarding property setback, city tax

06:31district 9 in the first ward, tax map

06:3441, parcel 281 in the R1A single-family

06:39residential district.

06:42>> As referenced, VAR 26086,

06:45uh, found in the packet as well as on

06:47screen. We'll be a mapping view showing

06:49the property in question as well as the

06:52radius for,

06:53uh, notices that were sent out. Uh,

06:56additionally, found in the packet and on

06:58screen is just a closer zoom in,

07:00um,

07:01uh, view of the parcel showing its

07:03location, its uh, proximity to the front

07:06property line and other topographical

07:08features.

07:10Um, the third, uh, view is showing the,

07:14uh,

07:15submitted site plans for this by the

07:17applicant. The one on top is the

07:19existing uh, is the project as it exists

07:22currently. And then the one on the

07:25bottom half is the intended project, um,

07:29that they plan to do if, uh, variance is

07:31approved. So, showing where, uh, it

07:33exists as today and what they would like

07:36to change going forward.

07:38So, the applicant is seeking a variance

07:40regarding expanding an unenclosed porch

07:43in a residential district. The applicant

07:45wishes to remove the existing

07:46encroaching front patio and replace it

07:48with a larger wooden patio at the

07:50reference address. A residential

07:52structure exists at this address that is

07:54already encroaching on minimum front

07:55setback requirements and its conditions

07:57as it is currently. A site plan has been

08:00submitted as I referenced showing

08:01difference in the existing patio and

08:03proposed project area.

08:04I'm referred to the sections of code

08:05below in the staff report as well as

08:07submitted designs.

08:09Um in summary, the applicant wishes to

08:10get a variance regarding 3 ft of minimum

08:12front setback allowance for an

08:14unenclosed landing/porch

08:17at the property address at 124 Sheldon

08:19Ave.

08:22Um please see the attached application

08:24to review the findings of fact listed.

08:26Staff have had no comments or

08:27modifications to the to these. This

08:29attachment can be found below the

08:30conditions. Um planning staff uh

08:33additionally do not have any objection

08:35um to the applicant's request for a

08:37variance. If the BZA grants the

08:39applicant variance relief in accordance

08:41to the city's planning and zoning code,

08:43the use shall be subject to the

08:44following condition being our standard

08:46condition. Any other modifications or

08:48changes to the site plan shall be

08:50compliant with the city's planning and

08:51zoning code or the applicant shall

08:52either seek additional variance relief

08:55or make it compliant. And that will

08:57conclude staff report.

09:00>> All right, thank you.

09:02Do we have a representative

09:04for this application?

09:11>> Thank you.

09:12James Fisher.

09:14Um address 150 Birds Eye View Drive,

09:17Morgantown, West Virginia 26501.

09:20Uh requesting this

09:22just to

09:24improve the quality of the home, improve

09:26the quality of you know beautification

09:27of the area. Um

09:30>> Just just to clarify since you

09:31referenced a different

09:34address.

09:35Are you

09:37are you the Are you representing

09:39>> I'm the owner.

09:40>> You're You are the owner. Okay, so it's

09:42not as if you're speaking on behalf of

09:44>> Correct.

09:44>> Okay. All right, thank you. Just to

09:45clarify.

09:46>> Yep, I'm the owner. It's

09:48uh

09:49a rehabilitation.

09:51It's a vacant structure right now.

09:53So

09:55um

09:57Just to make it nicer.

09:58>> Right. So So you're proposing So it's a

10:01con- it's a concrete slab and you're

10:04proposing to remove that.

10:06>> Yes.

10:06>> For the new for the rehab

10:08new construction, are you pouring a new

10:12>> The wooden patio.

10:14>> Okay.

10:14>> A wooden patio. Yeah.

10:16>> So with just wooden supports then, no

10:20>> Correct, yes. It will not be attached to

10:22the house,

10:23but it'll be

10:24right up against it.

10:25>> Flush.

10:26>> Flush to it.

10:27>> Yeah.

10:27>> The entire length.

10:29>> Okay.

10:30Um

10:31so in terms of

10:35Just to be clear.

10:37For the new patio

10:40just to state clearly, the new patio the

10:42footprint is going to be larger than

10:46what's currently

10:48present. Is that correct?

10:50>> Yes. It will not extend any further

10:53away from the house into the offset, but

10:55it will be

10:56wider.

10:58>> Oh, wider.

10:59>> Yeah, wider.

11:01Yeah.

11:02>> Okay.

11:03So in terms of the wider

11:07for the wider

11:08the width dimension

11:10can you just state clearly

11:13does that have implications for

11:16what you're asking in terms of the

11:18setbacks?

11:21Or no, it's just the front.

11:23>> Just the front of the house. The wooden

11:25patio will be the

11:26>> Okay.

11:26>> the same width

11:28as the front of the house,

11:29but it won't extend any

11:31further than the existing stoop.

11:33>> You just want to be in compliance with

11:36current

11:38zoning regs

11:40as far as setbacks are front setbacks

11:43are concerned.

11:44>> Um, I see the So this is a front porch

11:48or something and so nothing is in these

11:50little rectangles to the right or left.

11:54>> I think they're little

11:55>> They're vacant There's a

11:56vacant lots on on both sides.

11:58>> vacant

11:59pieces of ground or something and you're

12:01just going to cover that up. The same

12:02area basically

12:04>> It was like a little flower garden or

12:06It was at one point now it's

12:09>> But so in other words, you're what

12:11you're proposing, you will be extending

12:14laterally into those

12:17into those white rectangular areas,

12:20correct?

12:21>> the right. To the left and the right,

12:22yes.

12:23>> Okay.

12:23>> Okay. Okay.

12:25>> Um

12:26>> I just wondered what was there cuz it it

12:28looks like there's something there not

12:30just ground or

12:31>> No, it's just it's dirt.

12:33>> Okay.

12:33>> That's all it is is dirt.

12:34>> Dirt and grass or whatever. Okay, that's

12:35fine.

12:37>> That That clarifies things for me.

12:40>> Yeah.

12:41>> Because I was under the impression that

12:43you were

12:45in terms of the front setback

12:48I was under the impression that the

12:50degree of non-conformity with regard to

12:52the setbacks, you were proposing

12:55increasing the degree of non-conformity,

12:57but that's not really the case.

12:59>> Mhm.

12:59>> No.

13:00It's already an existing stoop.

13:02Uh will not go past

13:04>> Right.

13:05>> where it is right now. I just want to

13:07laterally

13:07>> laterally

13:08>> Yeah.

13:10>> That's

13:10>> To the right. To the left.

13:11>> reasonable to me.

13:13The only other issue that I have is Do

13:15you have any other questions?

13:16>> Nope, go ahead.

13:17>> Well, I was just going to say

13:19we may want to modify

13:22the second finding of fact. The dwell I

13:25I it is a statement of fact. The

13:26dwelling was built

13:28or the

13:30>> Before the current setbacks were in

13:31>> Which is that is factually

13:33>> Mhm.

13:33>> accurate. However,

13:36I don't with regard to whether we're

13:38going to grant the variance, it's kind

13:39of an irrelevant statement of fact, if

13:42you follow me.

13:43>> You know what I mean?

13:45We're just

13:46with regard to

13:48um

13:50granting

13:51relief with regard to making sure that

13:56um the applicant is all set with regard

13:58to that what's required for the front

14:00setbacks.

14:01>> You know what I'm saying? It's a fact

14:04factually accurate statement. However,

14:06with regard to it doesn't really have a

14:08bearing on whether we're going to grant

14:10the variance or not.

14:13>> Is there

14:13>> You know what I'm saying?

14:14>> Yes, I do. So, how would you like to

14:16word it?

14:18>> Should we allow that that that state

14:20that second finding of fact to stand?

14:23>> As far as

14:24>> It is actually accurate, but in my mind,

14:27it's not relevant to

14:29>> I mean, the the wording could be changed

14:31instead of dwelling, it could just

14:32reference the previous patio

14:34because that was pre-existing

14:36non-conforming and even if he wanted to

14:37repair or replace the same footprint,

14:40but remove the the concrete and replace

14:42it with wood, he would still be here.

14:44>> Right.

14:45>> For that.

14:46>> Cuz the

14:47let's go with the with the accessory or

14:49the adjacent patio

14:51>> Yeah.

14:51>> construction.

14:53>> Yeah.

14:53>> Are you comfortable with that?

14:55Just because if you if we use dwelling,

14:57then that opens the whole well, are we

14:59dealing with an accessory structure

15:01versus something else versus something

15:03else.

15:03>> board would want to replace the word

15:05dwelling in finding of fact two with

15:08uncovered patio

15:10>> adjacent to the dwelling.

15:11>> Okay. That the board will have to we'll

15:14have to vote on it, but

15:16yeah, you you can amend it to say that

15:17if you would like.

15:19>> I like it.

15:20>> The

15:21patio

15:23>> It's more specific

15:24>> structure

15:25>> what they're requesting.

15:26>> immediately

15:34Can we go with patio structure

15:36immediately adjacent to dwelling?

15:39>> If that was what the board want to to

15:41change it to

15:42No, after a vote, yeah.

15:44>> Yes, that's good.

15:48>> Let's go with that.

15:49>> Okay.

15:50>> Would you like to add anything further?

15:52>> No, sir.

15:53>> Okay. We're kind of jumping the gun

15:56there, but

15:56>> Yeah, we were.

15:57>> in terms of not opening.

15:59Yeah, we may have other questions for

16:00you, but thank you very much.

16:04Okay. Um

16:06So, at this point we're going to proceed

16:09with the public hearing. Anyone wishing

16:12to speak in support of or in opposition

16:14to this case, now is your opportunity to

16:17do so.

16:20And since the the you sent the packet,

16:25um no correspondence at all or

16:27>> No, I've not

16:28>> telephone inquiries or

16:30>> No, for this one I've not received any

16:31correspondence.

16:33>> Okay.

16:34>> Yeah.

16:36>> Um just out of curiosity, sir, did you

16:38maybe run this by

16:41neighbors?

16:42Just out of curiosity.

16:43>> the number of neighbors and they have um

16:46>> Yeah, please approach.

16:47>> They

16:48They question me because they were just

16:49curious what it was.

16:51>> Right.

16:51>> didn't look up the number on the website

16:53or wherever the notice was. They just

16:54asked me what it was and I

16:56you know, I would explain to them it's

16:58for a patio, it's like an extension that

16:59I I showed them where the existing stoop

17:01was.

17:02>> Mhm.

17:03>> And and what the

17:04the end result was planned to be.

17:06>> Right.

17:06>> And everyone okay, sounds nice.

17:08>> Mhm. Mhm.

17:10>> So.

17:11>> Because it does sound like an

17:12improvement which has positive impacts

17:15on

17:15>> on the neighborhood.

17:16>> on the neighborhood, so

17:18Okay.

17:19>> Thank you.

17:19>> Thank you very much.

17:20>> Thank you.

17:21>> Um

17:24Anyone wishing to speak?

17:25No?

17:27Okay, we're going to go ahead and close

17:28the public hearing.

17:31All right, so I'm going to make a motion

17:33to accept the findings of fact.

17:35>> As amended.

17:36>> As amended.

17:37>> I I second.

17:37>> Um the and again, this is to reference

17:39the case. It's for VAR 26-086.

17:44>> Mr. Askew. Excuse me, I'm

17:46>> yes.

17:46>> Because he's on the

17:47>> Yeah, I'm sorry. Mr. Martin

17:50I'm we're sorry.

17:52>> [snorts]

17:52>> Hello.

17:52>> Are you still there?

17:54Did

17:55Okay.

17:56So So, if you're follow if you're

17:59following along, um it's the second

18:01finding of fact, Mr. Martin, so we're

18:03going to change

18:05amend

18:07dwelling to the patio structure

18:09immediately adjacent to dwelling

18:13was built before the current setbacks

18:16were established.

18:18>> Yes, sir.

18:19Understood.

18:20>> Okay.

18:20>> Okay.

18:21>> And we do have a motion

18:23>> and seconded.

18:24>> We and Ms. Cook has seconded it.

18:28Okay. How do we vote?

18:30>> I.

18:31>> I.

18:31>> I.

18:32>> Okay. So, we've accepted the findings of

18:35>> So, I move we grant the variance with um

18:37the ti

18:38>> Yes, subject to the conventional or the

18:40stock

18:41>> conventional yes, stock condition

18:44um of VAR 26-086.

18:47>> All right, so we have a motion to grant

18:50the requested variance for VAR 26-086.

18:55We have

18:57>> I'll second.

18:58>> Okay, and we have a second by Mr.

19:00Martin. Thank you, Mr. Martin.

19:02So, we have a motion to grant the

19:04variance

19:05for VAR 26

19:07-086

19:09by Ms. Cook and that has been seconded

19:12by Mr. Barton. How do we vote?

19:15>> I.

19:15>> I.

19:17Okay.

19:18So, sir, we have granted your variance

19:22request for your case.

19:24Um you will receive written notification

19:27for planning.

19:29Typically 7 to 10 business days.

19:31But do keep in mind as we stated at the

19:34top of the meeting,

19:35the determination that we just rendered

19:38can be appealed to the circuit court of

19:40Monongalia County. It's a 30-day appeals

19:43window, and any work that you do in that

19:4630-day appeals window, you do at your

19:48sole financial risk.

19:50But thank you very much for coming down

19:52this evening.

19:53Good luck with your upgrade.

19:55>> Mhm.

19:57>> All right. So, do we have [snorts]

20:00an

20:02No other cases, just to state for the

20:04record, correct?

20:05>> Yep.

20:05>> Okay.

20:06Do we have announcements?

20:09>> Uh no um specific staff announcements at

20:12this time, other than that we will uh we

20:15do have items on the agenda for the

20:17regularly scheduled November meeting. Um

20:20uh but otherwise, there is no other uh

20:23special announcements. Um the uh

20:26uh requests that were tabled at the

20:28previous special hearing uh will be

20:30heard during that standard uh November

20:32meeting. Uh but otherwise, no other

20:34announcements from staff.

20:36>> All right. Thank you. Um

20:39Mr. Barton, did you want to add

20:40anything? I'm going to move to adjourn

20:42if not.

20:44>> I'm good here.

20:45>> You're good? All right. So, I make I

20:47move to adjourn

20:48>> I second.

20:49>> the regular meeting October 1st

20:53October 21st, 2026. And we have a

20:55second? How do we vote?

20:56>> I.

20:57>> I.

20:59We are so adjourned.

21:00>> All right.

21:01>> Thank you very much.