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BZA approves variances to formalize long‑standing subdivision at 204 Kingwood Street
Summary
The board granted multiple variances to regularize a lot that was split from 350 Coben Street years earlier, clearing a title issue for the current owner of 204 Kingwood Street so the property can be sold.
The Board of Zoning Appeals granted a bundle of variances on a long-standing subdivision issue affecting 204 Kingwood Street and the adjacent 350 Coben Street, allowing the city to recognize nonconforming lot lines created before municipal review.
Ryan McLeod, the current owner of 204 Kingwood Street, said he bought the property after it had already been separated from the parent parcel and that the sale to a new buyer was delayed after the buyer’s attorney discovered the subdivision had not been approved by the city. “We purchased the property in 2019…and now we're in the process of selling that house…and the new buyer's attorney has found this issue where the subdivision was never approved in the city of Morgantown,” McLeod told the board.
Planning staff reported the county assessor and clerk show the parcel recognized since at least 2009 and that the Planning Commission approved a related minor‑subdivision request conditioned on the BZA granting variances. The variances granted address minimum lot size, lot frontage, lot coverage and multiple setback reliefs for both parcels (Parcel 437 / 350 Coben and Parcel 438 / 204 Kingwood) as detailed in the application packet. Staff recommended approval to resolve the long‑standing administrative irregularity.
Akili Wartz, the adjoining owner of 350 Coben Avenue, told the board corrective deeds and a stamped survey were recorded after earlier discrepancies were discovered and said the parcel configuration reflected those deeds. A real estate agent for the seller, Jen Haggerty, told the board the delay has held up a closing and asked for no additional delay.
The board accepted staff findings of fact and voted to grant the variances, subject to a standard condition that any future site‑plan modifications comply with the city code or return to the BZA. Board members discussed that the relief applies to these specific parcels and that approval does not automatically establish precedent for unrelated properties. The board also noted the decision may be appealed to the Circuit Court of Monongalia County and that work during the 30‑day appeal period is at the applicant’s financial risk.
