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Planning commission tables Zirkel property boundary adjustment after setback concerns
Summary
A proposed conveyance of roughly 1,700 square feet between adjacent parcels on Lyons Avenue was tabled after staff identified a resulting accessory-structure setback of 3 feet where 5 feet is required; the applicant agreed to revise the plat to avoid a variance.
The Morgantown Planning Commission on Oct. 11 tabled an application to adjust lot lines at 1220 and 1232 Lyons Avenue after staff said the change would create a nonconforming setback for an accessory structure.
The applicant sought to convey an approximately 1,700-square-foot strip of land to an adjoining parcel, consolidating portions of two lots, staff member Ricky said during the commission’s review. Ricky told the commission the proposed boundary adjustment would leave the accessory structure on parcel 31 with a 3-foot setback where the zoning code requires a 5-foot minimum.
The issue, Ricky said, stems from the existing configuration of two lots under common ownership and an encroachment of a house structure across the current lot line. Ricky said the proposed green segment on the staff slide would be consolidated with the orange section to create at least one new parcel but noted the resulting parcel would not meet standalone lot-size requirements without additional measures.
Alex Keenan, a consultant with Potess and Associates, told the commission he had reviewed staff’s report and believed the zoning issues could be addressed. “I think that we can work around the, the zoning issues there,” Keenan said.
Commission members discussed ways to avoid sending the applicant to the Board of Zoning Appeals for a variance. One commissioner suggested shifting the new property line two feet so the garage would meet the 5-foot setback; Keenan said he could suggest that change to the client. Commission discussion also raised the option of consolidating the small parcels under a minor subdivision so the nonconforming condition would not be created.
Planning staff told the commissioners that the Board of Zoning Appeals has authority over setback and lot frontage variances but not the subdivision layout; the commission would need to make any approval contingent on a BZA variance if it chose not to require a revised plat.
The planning commission voted to table the application to allow the applicant to return with a revised plat or pursue alternate approvals. The motion to table was seconded and carried; no roll-call vote tally was recorded in the meeting minutes.
What happens next: The applicant can revise the plat to move the proposed new lot line so the accessory structure meets the 5-foot setback or ask the BZA for a variance before the commission takes final action. The commission indicated it would prefer a clean revised plat that avoids the variance process.
