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Commission recommends rezoning for 706-area three-unit property to R-2; conditional use still required
Summary
The commission recommended a map amendment to rezone a property that contains a three-unit building to R-2, noting the building lost its nonconforming status after remaining vacant and that a Board of Zoning Appeals conditional-use permit will still be required to operate as a three-unit dwelling.
The Morgantown Planning Commission voted to forward a map amendment for Map 2572 (property at 706, a three-unit multifamily building) to city council with a recommendation of approval. The property owner is seeking an R-2 zoning designation to regularize a three-unit structure that staff said lost grandfathered status when its certificate of occupancy lapsed while the building was vacant.
Staff reported that the parcel is currently in an R-1A district, which does not allow two- or three-family dwellings. Planning staff drove the surrounding neighborhood and documented other two-family or multifamily conversions; at least two such properties already have letters of compliance on file with code enforcement. Staff noted the applicant could have requested a higher-density R-3 district but did not, and explained that even if the commission and council approve R-2, the owner will still need a conditional-use permit from the Board of Zoning Appeals to operate the property legally as a three-unit dwelling.
Applicant Seth Timmerman described recent renovations, said the work complied with city permitting and inspections, and explained he met with staff before construction. Timmerman said the building now has new electrical, plumbing and other repairs and that the remaining approval step was the zoning amendment.
A staff member confirmed there is off-street parking capacity at the parcel (four cars front-to-back and additional space behind the building after removal of a noncompliant deck) and said code enforcement and the Board of Zoning Appeals will review parking and occupancy as part of the conditional-use process.
No members of the public spoke in opposition. Planning staff moved to recommend approval as presented, a motion was seconded, and the commission voted to forward the application to city council with a recommendation of approval.
Because the item concerns an existing building and code compliance history, staff and at least one commissioner discussed whether the application might constitute spot zoning; staff responded that context-specific analyses justified the map amendment. The parcel will proceed to council and, if rezoned, the owner must pursue the Board of Zoning Appeals conditional-use permit for the three units before full legal occupancy as multifamily.
Outlook: The council will consider the map amendment; the applicant will need to secure a conditional-use permit and any related zoning approvals before the three-unit use is permitted under city code.
