The City of Morgantown Board of Zoning Appeals voted to grant a variance allowing an accessory structure to remain in the front yard of 120 Doyle Street on Aug. 20, 2025. The applicant, Brenda Hughes, sought relief from Section 13.31.08 of the city’s planning and zoning code to allow the shed to be sited in the front yard.

Board members said the case was unusual because the shed had been the subject of a civil dispute and a court order required it be moved off an adjoining property. The board also heard that steep topography restricted where an accessory structure could be placed on the lot. “They told me I had to move it,” Hughes said, describing the court order; later she added the judge “ordered it to be moved” off the neighbor’s land.

Planning staff presented site photographs and a site plan showing the shed set 24 feet 6 inches back from the front property line and recommended approval subject to standard permit conditions. Mr. Thompson (planning staff) told the board the applicant had relocated the shed off the neighbor’s property following the court directive and that no building permit had been issued for the structure.

During discussion, board members focused on two lines of hardship required by the variance standard: (1) physical constraints of the property, including topography and existing driveway/easement placement, and (2) the court-ordered relocation that constrained the applicant’s options. Mr. DeWitt, Board member, said the topography and the court order made it reasonable for the board to allow the current siting. The board amended the third finding of fact to reflect those constraints.

The board voted to accept the findings of fact as amended and then voted to grant the requested variance. The motion to grant passed with recorded affirmative votes. The approval included standard conditions from planning: any future modifications must comply with the city code or return to the Board of Zoning Appeals for relief, and the applicant must obtain any required permits.

Applicants and interested parties were reminded that the board’s written findings will be mailed by planning, that the decision may be appealed to the Circuit Court of Monongalia County within 30 days of written notice, and that any work performed during the appeal period is at the applicant’s sole financial risk.

The board’s action resolved the zoning requirement for this accessory structure for now; the underlying civil dispute remains in circuit court, which some board members described as separate from the zoning decision.