BZA grants three variances for Woodward Development dispensary at Hartman Run Road with conditions on landscaping and plans

The Board of Zoning Appeals granted three variances to Woodward Development LLC to allow construction of a proposed 2,000-square-foot medical cannabis dispensary at 11 Hartman/Hartman Run Road, approving relief for front/rear setbacks, bicycle-storage requirements, and buffer-yard landscaping subject to conditions.

Planning staff said the parcel historically carried split zoning (a small sliver mapped R-1) that the applicant is working to reconcile through rezoning and minor subdivision; staff described the rear setback relief (up to about 10 feet) as a temporary need while the rezoning/reconsolidation proceeds and said that once the parcel is fully zoned B-2 the rear-setback variance would no longer be necessary. The applicant said the property has been a single parcel for many decades and the split zoning appears to have arisen when the city updated its maps.

The applicant and project team described site constraints: the parcel borders a culvert and steep bank, has a retaining-wall requirement and limited developable area, and is roughly 10 feet below the adjacent roadway grade in places. Project representatives told the board they had adjusted building placement, parking and landscaping to work around existing drainage and topography, and that some temporary site features (trailers, prior landscaping) had been removed or will be addressed as part of site preparation.

Board members discussed the bicycle-storage requirement in the code, which calls for long-term bicycle-storage areas tied to development size; the applicant requested relief from that standard for this small, 2,000-square-foot building and said a conventional bike rack could be added later if needed. For buffer-yard landscaping, the applicant proposed moving and concentrating landscaping in other parts of the site and said the culvert and drainage configuration constrain planting in the required western buffer. Planning staff and the applicant agreed conditions should require details showing how landscaped areas will be protected from vehicle damage (curbs, raised edges) and how dumpster screening, lighting and sidewalks will be handled.

The board accepted the findings of fact and approved the three variances with three conditions: (1) an updated and detailed plan for dumpster screening, lighting, sidewalks and building materials be provided for Development Services review and approval; (2) landscaped areas adjacent to parking must be properly buffered to prevent vehicle damage and a detailed buffer plan must be submitted for Development Services review and approval; and (3) any other modifications to the site plan must comply with city code or return to the BZA for relief. The board emphasized that the developer must submit detailed plans demonstrating compliance with the conditions before final permits issue.

Planning staff reminded the applicant that written notification would be mailed within seven to 10 business days and again noted the 30-day appeal period to the Circuit Court of Monongalia County; staff reiterated that any work performed during the appeal window is at the applicant’s financial risk.

Clarifying details from the hearing: the requested rear-setback relief arose from a split-zone mapping issue and would be unnecessary after reconsolidation/rezoning to B-2; the building footprint was described as approximately 2,000 square feet and roughly 19 feet tall in the submitted materials; the applicant said they will add landscaping in alternate locations and can provide a bike rack but cannot meet the code’s long-term enclosed bicycle-storage requirement for a small 2,000-square-foot building without building additional enclosed space.