Summary
The City of Morgantown Board of Zoning Appeals granted Brenda Hughes a variance allowing an accessory shed to remain in the front yard at 120 Doyle Street after finding topography and a court order limited alternative siting.
At a regular meeting of the City of Morgantown Board of Zoning Appeals, the board voted to grant a variance allowing an accessory shed to remain in the front yard at 120 Doyle Street. The applicant, Brenda Hughes, had previously moved the structure after a civil order requiring removal from an adjoining property. Planning staff recommended approval with standard conditions.
The board found that the shed, now sited 24 feet, 6 inches from the front property line, cannot reasonably be placed elsewhere on the lot because of topographic constraints and existing easements. Mr. Thompson of the planning division read the staff report, noting staff had no objection: “Staff have no objections to the applicant’s request for variance relief.”
Brenda Hughes told the board the structure had been moved after a court directive. “They told me I had to move it. So we moved it. So it is now clearly way off of the property, the neighbor’s property,” she said, describing efforts to comply with the court’s order and the site’s physical limits. Board members asked about visibility, driveway and easement constraints, and whether the shed had required permits. Planning staff confirmed the structure was installed without a permit and that, if the variance were denied, the structure would need to be removed or the owner could seek a permit after remedying nonconforming work.
The board amended the third finding of fact to record that the applicant must site the accessory structure in a location that addresses both topographic limitations and the prior court order, and that the proposal represents a reasonable development of the property. The motion to grant the variance passed unanimously (DeWitt, Misfelt, Benison — aye). The variance was granted subject to the standard condition that any future modifications comply with the City’s Planning and Zoning Code or require additional variance relief.
Written notification of the decision will be mailed by planning; that decision may be appealed to the Circuit Court of Monongalia County within 30 days of receipt of written notice. Any work undertaken during the 30-day appeal period is at the applicant’s financial risk.
