BZA approves conditional use for 65 Beach St., limits expansion without return to board

The Morgantown Board of Zoning Appeals on Nov. 20 granted a conditional‑use approval for 65 Beach Street, allowing owner Seth Timmerman to reestablish a three‑unit multifamily dwelling that had lost grandfathered status while vacant. Approval came with the standard planning condition and an added requirement that the owner return to the board for updated approval if the number of units or overall occupancy increases.

Planning staff described CON25‑101 as an existing three‑story structure that had been vacant long enough to lose its grandfathered status; the applicant said the building now has new electrical and plumbing, a sprinkler system inspected by the fire marshal and other renovations supporting reoccupation. Timmerman said the property was originally constructed as a three‑unit building and the owner has applied to rezone it to R2.

Board members examined parking calculations (0.75 spaces per occupant), building code and fire inspection roles in establishing occupant limits, and whether conditions could require reapplication for an increased number of units. Staff said engineering would check parking and that any later increase in units that affected setbacks or parking would require new approvals. The approved conditional use is limited to the three‑unit configuration described in the application; if the owner later expands units or occupancy beyond the permitted configuration, the owner must return to the board.

Planning will issue written notification; the board reminded the applicant of the 30‑day window to appeal.