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Board allows existing rear building to remain taller than accessory-height limit after lot combination request

August 21, 2025 | Morgantown, Monongalia County, West Virginia


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Board allows existing rear building to remain taller than accessory-height limit after lot combination request
The Board of Zoning Appeals granted a variance Aug. 20, 2025, allowing a preexisting rear structure at 367–369 Maple Avenue to be classified as an accessory structure even though it exceeds the current accessory height limit by two feet. The applicant, Michael Pompili, asked to combine neighboring lots so the rear building would serve as a storage/garage for the principal street-front dwelling.

Planning staff reported both buildings are preexisting, the rear building has never been used as a dwelling, and that the structure would not become a separate dwelling unit if the lots were combined. Staff recommended approval with the standard permitting condition.

Pompili described the rear building as having been in place since at least 1920 and said “it was always just a garage.” Board members discussed whether the height variance was the only outstanding zoning obstacle and concluded it was largely driven by historic construction methods and site topography. Several members noted the building’s roof line and scale were consistent with surrounding properties and that reducing the roof by two feet would be structurally difficult.

After opening and closing the public hearing with no comments, the board accepted findings of fact and voted to grant the variance allowing the accessory structure to exceed the height maximum. Approved conditions require any future site modifications to comply with the city's code or return to the board for additional relief. Planning will mail written notice to the applicant; the decision is subject to a 30‑day appeal to the Circuit Court of Monongalia County.

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