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Morgantown board approves conditional-use permit for fraternity house at 709 High Street
Summary
The Morgantown Board of Zoning Appeals granted a conditional-use permit allowing a fraternity house at 709 High Street, subject to standard planning conditions and an additional condition that any new lessee or owner seeking to continue fraternity use must return to the board for approval of a transfer.
The Morgantown Board of Zoning Appeals on a unanimous vote granted a conditional-use permit for a fraternity house at 709 High Street, approving the application submitted by James Morrison on behalf of the property owner, Epsilon Fraternity National Corporation.
Planning staff reported no objection to the request and presented the packet materials, including site maps and a 200-foot notice radius. The applicant, James Morrison, said the house is currently leased to another fraternity, that the house is about 75% occupied under current leases and he estimated occupancy could reach about 85% within two years. Morrison said the owner holds a five-year lease with the current tenant and indicated the owner does not intend to sell during that term.
Board members discussed parking and the historic use of the building as a fraternity house. The board acknowledged the property had functioned previously as fraternity housing but that the certificate of occupancy had lapsed; staff said the property lost any nonconforming status after a lapse of more than one year and therefore must now secure conditional-use approval to operate as a fraternity again.
The board approved the standard planning conditions attached to staff approval and added a second condition requiring that if the property changes hands or a new tenant seeks to continue fraternity use the new owner or lessee must return to the Board of Zoning Appeals for approval or transfer. Planning staff said the applicant will receive written notification within seven to ten business days and reminded the applicant that the decision may be appealed to the Circuit Court of Monongalia County and that any work done during the 30-day appeal window is at the applicant’s financial risk.
"Thank you guys for allowing us to submit this application," James Morrison said when offering an overview of the request. The board recorded the vote as aye from Miss Cook, Mr. Misfeldt, Mr. DeWitt and Mr. Bennison.
The board's action restores the property’s ability to operate lawfully as a fraternity house under the city planning and zoning code, subject to the conditions noted above.
