February 2012 BZA Action Letters – Conditional Use, Home Therapy, 683 Kilarney Drive APPROVED

February 16, 2012

RE:     CU12-02 / Alana Dennison / 683 Killarney Drive

 Dear Ms. Dennison:

This letter is to notify you of the decision made by the Board of Zoning Appeals concerning the above referenced petition for conditional use for a “Class II Home Occupation” for a Massage therapy use at 683 Killarney Drive.

The decision is as follows:

Board of Zoning Appeals, February 16, 2012:

1.  Each of the Findings of Fact was found in the positive as stated in Addendum A of this letter.

2.  The Board approved your conditional use petition as requested with the following conditions:

a.  The hours of operation for the home occupation are Monday through Saturday from 10 A.M. to 8 P.M.

b.  The number of clients at one time is estimated to be one, or two customers only if two customers travel together.

c.   The average number of clients per day is estimated to be two to five.

d.  The average number of clients per week is estimated to be twelve to thirty.

e.  The  proposed  massage  therapy  home  occupation  must  not  produce  detectable fumes, odors, dust, heat, noise, vibration, glare, electro-magnetic field, electrical interference,  or  other  effects  outside  the  dwelling,  including  transmittal  through vertical or horizontal party walls.

f.    The proposed massage therapy home occupation shall not require fixed installation of equipment or machinery that substantially changes the residential character of the dwelling.

g.  The proposed massage therapy home occupation may not occupy more than twenty- five (25) percent of the floor area of the principal structure, and may not require internal or external alterations or construction features not customary to a residential dwelling.

h.  The proposed massage therapy home occupation shall be conducted entirely within the footprint of the existing single-family dwelling.  No home occupation shall be conducted outdoors or in any accessory building or garage, except that parking of a vehicle used in conducting the business and/or simple storage of materials or goods used in association with the business may be permitted in such buildings.i.    The proposed  massage therapy home occupation may not  have a vehicle  with business identification, and shall have no vehicle with greater than one (1.0) ton capacity and shall not have any trailer.

j.    Except as required by State law, there shall be no exterior indication of the proposed massage  home  occupation,  no  exterior  signs,  nor  any  other  on-site  advertising visible from the exterior.

k.   The  proposed  massage  therapy  home  occupation  shall  not  involve  on-site employment of persons not residing in the dwelling.

l.    The proposed massage therapy home occupation shall be registered as a business with the City of Morgantown Finance Office and shall pay applicable business and occupation taxes.

m. There will not be merchandise delivery and/or pick-ups to and from the premises that are associated with the home occupation, and that utilize a commercial delivery service or the United States Postal Service.

n.  Retail sales shall not occur nor services provided on the premises on a regular basis or in substantial volume, such that customer visitation to the premises is deemed to be unreasonable.

o.  That the conditional use approval granted herein is specific to the petitioner and may not be transferred without first obtaining approval by the Board of Zoning Appeals.

p.  If the holder of subject massage therapy home occupation permit wishes to make changes in the conduct of the business that departs from the description in the application or from any other conditions or restrictions imposed by the Board of Zoning Appeals, the holder must obtain prior permission of the Board of Zoning Appeals.

q.  The holder of the subject message therapy home occupation shall park all personal vehicles within the dwelling’s attached garage during regular business hours.

r.    Both driveway spaces  on premises shall remain  unobstructed for clients of  the massage therapy home occupation to utilize for parking.

s.    The massage therapy home occupation shall not utilize the on street parking. t.         There shall be thirty minute intervals between client appointments.

This decision may be appealed to the Circuit Court of Monongalia County within thirty (30) days. Any work done relating to decisions rendered by the Board of Zoning Appeals during this thirty- day period is at the sole financial risk of the petitioner.

The above referenced approval is set to expire in twelve (12) months unless you can demonstrate that they have been activated as evidenced by permits, construction, or required licenses.  This expiration deadline may be extended to eighteen (18) months upon prior written request of the Board.

Should you have any questions or require further clarification, please contact the undersigned.


Heather Whitmore Dingman, AICP Principal Planner hdingman@cityofmorgantown.org

Categories: BZA, Neighborhood Notices, Planning | Leave a comment

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