Board denies covered‑porch variance at 842 Monongalia Avenue after neighbors voice concerns

The Morgantown Board of Zoning Appeals refused to grant variance relief for a covered rear porch at 842 Monongalia Avenue. Planning staff reported that the work had been completed without permits; the owner’s representative, Gregory Cummings, said the owner had not understood local permitting requirements and that work was done by a contractor who has since been difficult to contact.

Staff explained the porch is covered, which makes it part of the principal structure for setback calculations; in the R‑1 district the rear setback is 20 feet, and because the covered porch comes within 3 feet of the property line the applicant sought a 17‑foot variance. Neighbors who attended the hearing raised objections, including concerns about proximity to adjacent homes, potential drainage runoff onto neighboring property, debris and cleanup, and the overall scale of the covered structure next to adjacent windows.

After public comment, a board member moved to reject the staff findings of fact and to deny the variance request. The motion and second passed; the board concluded that (1) the porch’s covered status increased the required setback, (2) neighbors reported adverse impacts and safety/drainage concerns, and (3) the applicant had not demonstrated a special condition of the property or undue hardship that would justify such a large variance. Planning staff will send the applicant an action letter and noted that any appeal of the board’s decision must be filed to the Circuit Court of Monongalia County within the statutory period. The board also discussed that code enforcement and building/engineering staff would coordinate follow‑up actions if necessary.