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Zoning board approves setback variance for Mariachi Loco addition at 258 Retail Circle
Summary
The Board of Zoning Appeals granted a variance to allow a 17-foot, 6-inch encroachment into the 30-foot side setback for a covered, enclosed addition at Mariachi Loco (258 Retail Circle), subject to standard permitting and departmental review.
The City of Morgantown Board of Zoning Appeals on a majority vote granted variance VAR25-017, allowing Daniels Contracting on behalf of Mariachi Loco to encroach 17 feet, 6 inches into the 30-foot side setback at 258 Retail Circle to construct a covered, enclosed addition for year-round seating.
Planning staff presented the application and recommended approval with a conventional condition that any future changes requiring additional variance relief must return to the board. Heather Chancey, representing the property owner, told the board the building was constructed close to the property line and the proposed addition is the only space that would avoid impacting parking. "We'd like to build the patio on the side. We'd like to have a covered addition so we can have seating year round," Chancey said.
Chancey said the project will be delivered in two phases: an initial patio with railing and seating, then an enclosed addition with a roof and sliding windows to allow seasonal opening. She said fire staff (Jason Quinn) reviewed the proposal and raised no concerns that would prevent the addition. Planning staff confirmed notice requirements were met (200-foot radius mailing and signage) and that the adjacent parcels are owned by Walmart; no opposition appeared during the public hearing.
The board accepted staff findings of fact and granted the variance with the standard condition noted in the staff packet. The motion to grant passed after a second by Board Member Miss Cook; the board's vote was recorded as in favor and the applicant was reminded that written notice of the decision would follow and that any work taken during the appeal period is at the applicant's risk.
Clarifying details provided at the hearing: the B-5 Shopping Center District side setback is 30 feet; the requested encroachment is 17 feet, 6 inches into that side setback, and the patio footprint itself can be installed without a variance but converting that footprint to an enclosed, covered addition required the variance.
Ending: The variance was granted with the condition that any material changes to the proposal that increase encroachment or change use must return to the board; staff will issue written notification of the decision within 7–10 business days and the decision is subject to appeal to the Circuit Court of Monongalia County within 30 days.
