Morgantown BZA grants rear-setback variance for enclosed rear deck at 1200 Douglas Ave.

The City of Morgantown Board of Zoning Appeals on Monday granted a variance allowing an enclosed rear deck at 1200 Douglas Avenue to sit 6 feet from the rear property line, a 19-foot relief from the 25-foot principal-building rear setback required when a deck is roofed.

The variance matters because covering a deck changes its classification to a principal structure under the city zoning code, triggering a 25-foot rear setback. Planning staff told the board the proposed covered deck would otherwise sit within the property line and would not exceed height limits for the single-family dwelling.

Planning staff explained that if the deck were open (not roofed) it could be built closer to the property line, but “when you cover a deck, it kicks it up to principal building standards for setback purposes,” requiring the 25-foot measurement. The staff report identified a requested relief of 19 feet in reference to section 1333.04 of the City’s planning and zoning code.

The applicant’s attorney, Mitch Moore, said the proposed project remains within the original footprint of a deck that has been at the rear of the house for about 40 years and that the owner, Lou Anne Mascioli, is a senior citizen who asked for the enclosed space for privacy and to add a fireplace. Contractor Patch Reeder told the board the plan redirects roof runoff into “5 inch gutters that we ran back into the actual existing gutter system” and into the property drainage, and he described a French drain placed during earlier landscaping work to connect to the sewage/drainage system.

Planning staff told the board that an inspector found work had been done without a required building permit; work was stopped and the applicant is pursuing the variance and the permit through the normal review workflow (code, planning, engineering and development services). The board also noted two pieces of correspondence in opposition; one of the letters was anonymous and the attorney asked the board to “afford the weight of an anonymous letter that which it deserves.”

Board members amended the draft findings of fact language to reflect that not all neighbors had agreed; the findings were revised to say “some neighbors” and to note that an existing privacy fence and vegetation mitigate visual impacts. The board accepted the amended findings and then voted to grant the setback variance with the condition referenced in the meeting packet: the variance applies only to the cited section of the city planning and zoning code and any further modifications or site changes must either comply with city code or return to the BZA for additional review.

The board’s decision is final subject to a 30-day appeal to the Circuit Court of Monongalia County; written notice of the decision will be mailed by planning staff within seven to 10 business days. The planning staff cautioned that any work performed during the 30-day appeal window would be at the applicant’s sole financial risk.

Clarifying details recorded at the hearing include: the requested relief was 19 feet from the 25-foot rear setback; the deck would be 6 feet from the rear property line; the roof overhang is 1 foot; runoff will be handled by 5-inch gutters tied into the home’s existing drainage and a previously installed French drain; two opposed written correspondences were on file, one anonymous; the applicant stopped work after being contacted by inspectors and is pursuing permits through standard review channels.

The variance was granted by voice vote; the board recorded its action and the applicant will receive written confirmation from the planning division.