Board of Zoning Appeals approves reasonable accommodation for Morgantown Sober Living at 201 Waitman Street
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Summary
The Morgantown Board of Zoning Appeals voted to grant a reasonable‑accommodation request from Morgantown Sober Living for 201 Waitman Street, waiving off‑street parking requirements under the Federal Fair Housing Act and ADA; staff will record the accommodation and issue written notice.
The City of Morgantown Board of Zoning Appeals voted to grant a reasonable‑accommodation request from Morgantown Sober Living Inc. to waive off‑street parking requirements at 201 Waitman Street.
Planning staff told the board the request was evaluated under the Federal Fair Housing Act and the Americans with Disabilities Act and concluded the accommodation is "reasonable, necessary, and directly linked to enabling equal housing opportunity" because constructing required off‑street parking is not physically feasible for the property. Staff said similar waivers have routinely been granted in the South Park neighborhood.
Dan McCauley, director of operations for MSL Incorporated, told the board the residence is intended as a recovery home and that most residents do not own vehicles: "99% of the time, they don't have a vehicle," he said, adding staff and a senior resident will support operations and that residents rely on nearby transit and 12‑step meetings. McCauley described arrangements for occasional staff or vendor visits and said MSL coordinates with nearby parking lots when residents have cars.
Board members asked staff to clarify applicable standards and enforcement. Staff explained the code normally requires three off‑street parking spaces for the property type and that the city issues on‑street parking passes (two regular and one guest) that are enforced by ticketing if misused. The board discussed potential street‑parking impacts and noted heightened scrutiny when a request affects a protected class; members also observed that the city's practice of routinely granting similar accommodations in the area informed their deliberations.
A motion to approve the accommodation was made, seconded and approved by recorded voice vote. Staff said an action letter will be issued and that the accommodation will be recorded with city property records and considered in future permit reviews or enforcement. Planning will send written notice to the applicant within 7–10 business days; any work undertaken during the 30‑day appeal period would be at the applicant's financial risk.
