Morgantown planning commission recommends denying rezoning for 126 Simpson Street, affirms existing nonconforming use

The Morgantown Planning Commission voted at its meeting to recommend that City Council deny a rezoning request for 126 Simpson Street that would change the lot from R1A single‑family residential to R2 two‑family residential.

The applicant, DeAndre Mason, told the commission he wants to convert the property from what staff described as a preexisting nonconforming multi‑family use into a two‑unit dwelling because, he said, “it cuts down on the parking issues in that area” and would function better as a duplex. Mason also said he received a letter of compliance when he took the property under contract and noted that public records conflicted about whether the main house historically had been recorded as a two‑ or three‑family unit.

Staff planner Seth Cardwell summarized the application and recommended rezoning, saying the parcel is shown as “high intensity residential” on the future land‑use map and that nearby properties include other multifamily dwellings. Commissioners pressed staff on whether placing a single R2 lot within an R1A area would constitute spot zoning and whether the property’s prior nonconforming use had lapsed after a year of nonuse. Staff said that determination had not been resolved and pointed to a July letter of compliance in the file.

Commissioners repeatedly returned to two points: (1) whether the record proves the nonconforming use had been continuously maintained and (2) the precedent of rezoning an isolated parcel inside an otherwise single‑family district. One commissioner summarized the practical outcome of the evidence review: “I don’t see why the current nonconforming use can’t continue,” noting the recent compliance letter. Another commissioner proposed avoiding spot zoning by treating the property as a legal nonconforming use rather than rezoning.

After discussion, Commissioner (Speaker 7) moved that the commission recommend denial of the rezoning application to City Council, with the understanding that the parcel constitutes a legal nonconforming use based on the commission’s review of recent compliance documentation; the motion was seconded by the president and approved by voice vote. Commissioners instructed staff to follow up with relevant records and counsel before City Council acts.

What happens next: The commission’s recommendation will be transmitted to Morgantown City Council for final action. The commission’s vote was a recommendation only; City Council will consider the planning commission record and staff materials when it takes up MAP 25‑108. The record includes a July letter of compliance and conflicting public‑record entries about whether the property was historically listed as a two‑ or three‑family dwelling.