Board of Zoning Appeals

Charleston Board of Zoning Appeals AGENDA 8:30 a.m., Thursday, November 13, 2025 City Service Center Conference Room · 915 Quarrier Street I. Items for Review VAR-25-3057 Application of James Richards requesting a variance of front setback requirements in order to construct a carport on the property located at 1061 Circle Rd. VAR-25-3058 Application of Royal Realm Landscaping, LLC requesting a variance of the front setback requirements in order to expand the front porch on the property located at 417 Woodbridge Dr. II. Approval of minutes for the July 10 and August 28, 2025 hearings.  Board of Zoning Appeals Application for Variance BZA # Hearing Date: Applicant Information Property Information Name: Address: Royal Realm Landscaping LLC 417 Woodbridge Drive Charleston WV 25311 Address: Tax Map and Parcel: 232 Capitol St Ste 29 Charleston WV 25301-2234 Map: 66A Parcel: 0013 0000 0000 Phone: Zoning District: 681.220.0312 10-CHAS N Agent Name, Address and Phone Number: Property Owner and Mailing Address: (if other than applicant) (if other than applicant) GROVES, SAMUEL & JESSICA INSTRUCTIONS: This application must be typed or legibly printed and filed with the Planning Department in person or by mail to 915 Quarrier Street, Suite 1 Charleston, WV 25301. The following items must accompany this application: 1. a site plan drawn to scale; 2. a list of the owners, with their mailing addresses, of the properties within a 100 foot radius of the property for which the variance is being sought; and 3. $125.00 filing fee in the form of cash, personal check or money order made payable to the City of Charleston. You are also encouraged to submit any additional information, including photographs, elevations, testimonials or other documentation which may support your application. You or your representative must be present at the scheduled public hearing in order to present your request and answer questions. THE PLANNING DEPARTMENT WILL NOT ACCEPT INCOMPLETE APPLICATIONS. A variance is a method by which a property owner receives permission to vary from the development standards established in the Zoning Ordinance governing such matters as building location, building dimensions, setback requirements, placement and quantity of parking, landscaping, signage, and other features included in site design. Please describe your variance request. The variance request would be in relation to the property line setback, we are requesting an additional 5' 4.5" set back for the porch extension The remaining area for setback would be 14' 7.5", as the majority of the area exceeding the current setback would still be flat surface Applicable Section(s) of the Zoning Ordinance Sec 5-030 (A) Please describe the proposed work to be done on the property. The proposed work to be down on this property is as followes new concrete porch extension 10' 4.5" x 9', with new porch awning with shingled roofing installtion 124.5 " in height at the peak. See attached sketch for more information in relation to the work. IMPORTANT: According to Section 8A of the Code of the State of West Virginia and Section 29-040 of the City of Charleston’s Zoning Ordinance, the Board of Zoning Appeals may grant a variance if and only if ALL of the following four criteria can be satisfied: 1.) The variance, if granted, will not adversely affect the public health, safety and welfare or the rights of adjacent property owners or residents; and, 2.) The variance arises from special conditions or attributes which pertain to the property for which a variance is being sought and which were not created by the person or entity seeking the variance; and, 3.) The variance, if granted, would eliminate an unnecessary hardship and permit a reasonable use of the land; and, 4.) The variance, if granted, will allow the intent of the Zoning Ordinance to be observed and substantial justice done. 1.) If granted, your variance must not adversely affect the public health, safety and welfare or the rights of adjacent property owners or residents. For example, public safety cannot be compromised by limiting access for emergency vehicles, and neighboring property owners must not be hindered in the use their properties in any manner permitted in the Zoning Ordinance. If your variance request is granted, how will others in the area be affected? In relation to the effect of others the adjacent neighbors of our clients property would not be negativley effected as the accesability of their property is not perceived to be effected in any direct or indrect way by the proposed work. The work allows for 14' 7.5" of natual landscape. 2.) Your request must arise from special conditions or attributes which pertain to the subject property and which you did not create. The size, shape and topography of your lot are examples of the physical conditions which may satisfy this criterion. In comparison with other properties in the vicinity and under the same zoning regulations, what is unusual or different about the subject property? the front yard has a noticeable slope and limited depth, which directly impacts the feasible placement of a front porch extension while maintaining compliance with the required setback. Unlike neighboring lots, which may have flatter or deeper front yards, the combination of the subject property’s slanted grade and compact frontage constitutes a special condition that was not self-imposed and materially limits the full and beneficial use of the property. 3.) An unnecessary hardship is neither personal nor financial in nature. In this application, an unnecessary hardship is a problem created by some feature of the land which prevents the owner from making reasonable use of the property as permitted by the Zoning Ordinance. The following three questions help to determine if there is an unnecessary hardship with regard to your property. Without a variance, are you deprived of all beneficial use of your land? Because of the slope, there is little to no flat surface in the front yard for a traditional porch extension. Without a variance, the usable buildable area is restricted, depriving the property owner of the ability to add a common residential improvement that other, more level lots can accommodate without issue. Is your situation due to unique circumstances that are not shared by other land in the district? Many homes in the district may be impacted by the grade of the front lot of their property although only one other home in the immediate vicinity is effected to the degree our client is, this being the 414 Woodbridge Drive property. Would approval of your variance request alter the essential character of the surrounding neighborhood or community? The approval of the variance request would allow the neighborhood to increae the property values of each property  as the current structures limit the usage of the front porch space of each property. In relation to the sloping of many of the porperties on the road this also allows for a better full use of the property. 4.) The general purpose and intent of the Zoning Ordinance of the City of Charleston is to protect and promote the public health, safety, convenience, morals and general welfare. For more specific information in regard to the scope and intent of the Zoning Ordinance, please see Section 1-020 as well as the section from which you are requesting this variance. Will approval of the variance allow the intent of the Zoning Ordinance to be observed? In respect to the requested variance with the additional setback the majority of the area would still be flat and structurlay sound we feel this would not jeopardize the safety of the local area. Substantial justice is the idea that a standard of fairness has been satisfied according to the substance of the law. Does your variance request represent the least deviation from the Zoning Ordinance necessary to achieve an outcome that is fair to both you and to your community? Considering the factors of the request we feel that this variance request would be the least deviated effort to achieve a fair outcome to our client and their community. I hereby affirm that all of the statements and information contained in or filed with this application are true and correct to the best of my knowledge. 10/29/25 10/29/25 Dustin Morey, 10/29/2025 06:45 PM UTC Dustin Morey, 10/29/2025 06:45 PM UTC Signature Date Planning Department Use Only The following is a list of related cases: The following is a list of zoning ordinance violations, building code violations and enforcement actions relating to the subject property: Application reviewed by: Action:  Approved  Rejected If approved, were there any specific conditions or limitations imposed by the BZA? Planning Official Signature and Title Date  RESIDENTIAL BUILDING PERMIT (RBP-1) for Construction Activity within the City of Charleston, West Virginia (304) 348-6833 – (304)348-6836 fax REQUEST FOR A PERMIT TO DO REPAIRS, REMODELING, NEW CONSTRUCTION, OR DEMOLITION APPLICANT INFORMATION Property Owner Name: Phone No: Shawn Groves 681.317.9030 Property Owner Address: 417 Woodbridge Drive City, State, ZIP: Cell Phone No: E-Mail Address: Charleston WV 25311 681.317.9030 sgrov@hotmail.com Contractor or Representative Name: Phone No: WV Contractor’s License No. Royal Realm Landscaping LLC 681.222.0021 WV064365 Contractor Address: Charleston Registration No. 232 Capitol St Ste 29 34829 City, State, ZIP: Cell Phone No: E-Mail Address: Charleston WV 25301-2234 681.222.0021 royal.realm.landscaping@gmail.com PROJECT INFORMATION Project Location: Estimated Starting Date: 417 Woodbridge Drive 9/4/2025 Kanawha County Tax Map and Parcel No. (From Tax Ticket): 66A 0013 0000 0000 TYPE OF CONSTRUCTION (as defined by the WV State Code (IRC 2009. 1 & 2 Family Dwellings) □ Residential □ Single Family □ Multi-Family □ Renovation □ New const. □ Demolition □ Excavation □ Renovation □ New const. □ Demolition □ Excavation □ Interior □ Exterior □ Addition □ Interior □ Exterior □ Addition Install new porch, concrete pad, porch awning, mailbox with veneer stone finish Description of work to be performed: ________________________________________________________________________________ _______________________________________________________________________________________________________________ 31,237.00 Total Estimated Cost (all labor & materials) $ ____________________________ 140.50 Permit Fee $ _________________ (Attach copy of contract between Owner and Contractor for all Projects valued at $10,000.00 or more) LAND DISTURBANCE ACTIVITY INFORMATION Estimated Project Duration: Tentative Start Date: 2 Weeks 9/4/2025 Estimated Area to be Estimated Additional Impervious Estimated distance to and name of nearest Disturbed (sq. ft.): Area to be added (sq. ft): water body or watershed (ft): 117 sq ft 117 sq ft Elk Two Mile Creek 1,900.80 ft Is disturbance within 100 year Flood Plain? Yes □ No □ Disturb Riparian Area (vegetative area 25 feet from stream, creek, or river): (if yes, Submit Elevation Certificate) Yes □ No □ (if yes, submit plan for approval) Is Erosion and Sediment Control Plan attached? Yes □ No □ STORMWATER DIVERSION (If applicable) Location of Diversion (street address): Provide detailed information on type of diversion ___________________________________________________________________________ ___________________________________________________________________________________________________________________ Will the Diversion be: □ temporary □ permanent Water Diverted by: □ open ditch/ channel □ installation of pipe Over  RESIDENTIAL BUILDING PERMIT (RBP-1) for Construction Activity within the City of Charleston, West Virginia (304) 348-6833 – (304)348-6836 fax ITEMS REQUIRED WITH APPLICATIONS: 1. (2) Sets of construction plans, 2. (2) Site Plans showing location of proposed structure or excavation on lot, distances from all lot lines, location of any existing structures on lot, proposed parking locations, location on purposed sanitary sewer tap, plan for stormwater discharges, and/or diverting water by installing underground pipe, constructing ditches or swells to channel water to a new location, 3. Kanawha County Tax Map and Parcel Number, 4. Zoning permit form the Municipal Planning Commission, 5. Determination of Floodway/Flood Plain Designation, 6. List of all contractors and sub-contractors. Signature: Date: Dustin Morey 8/30/2025 Dustin Morey, 08/30/2025 03:45 PM UTC PROJECT SITE OWNER RESPONSIBILITY STATEMENT The owner of this building and the undersigned, do hereby covenant & agree to comply with all the laws of the State of West Virginia and the ordinances of the City of Charleston pertaining to the building, and to construct the proposed renovation, repair, or remodeling in accordance with the plans and specifications submitted herewith, and in accordance with the building codes, and certify that the information and statements given on this application, drawings and specifications are to the best of their knowledge true an correct. According to West Virginia Legislative Rules, Division of Health, Title 64, Series 63, 1998, Article 10.1.a. it is the responsibility of the Owner to ensure that “Each building or other man-made structure he or she owns is inspected for the presences of asbestos by a licensed asbestos inspector prior to any renovation or demolition activates”. The owner of this building and undersigned, do Hereby covenant and agree to comply with all the laws of the State of West Virginia and the ordinances of the City of Charleston pertaining to the building, and to construct proposed renovations, repairs or remodeling in accordance with the plans and specifications submitted herewith, and in accordance with building codes, and certify that the information and statements given on the applications, drawings and specifications are to the best of their knowledge true an correct. APPLICABILITY: Pursuant to Division II of Article VIII, Chapter 102 of the City of Charleston City Code no person shall alter land or engage in any activity which causes or contributes to stormwater runoff discharge, without first having obtained a Building Permit with Land Disturbance Activity Approval for proposed activities, or which will be affected by such activity. The owner will be required to obtain such permit prior to undertaking any action. This requirement shall apply to any activity that will disturb or impact a land area greater than 5,000 cumulative square feet or increases impervious area by 1,000 square feet or greater, unless specifically exempted by the ordinance. Revised 06/15  417 Woodbridge Drive Charleston WV 25311 Shawn Groves 681.317.9030 417 Woodbridge Drive Charleston WV 25311 Royal Realm Landscaping LLC 232 Capitol St Ste 29 Charleston WV 25301-2234 34820 681.222.0021 Install new porch, concrete pad, porch awning, mailbox with veneer stone finish 31,237.00 140.50 Dustin Morey 8/30/2025 Dustin Morey, 08/30/2025 03:45 PM UTC  House 417 Woodbridge Drive Charleston WV 25311 New Porch Extension 25" x 25" Stone Mail 10'4.5" x 9' Box Remove existing and install new Footing details: 12" wide x 12" wide 18" deep concrete footing under (2) Corner posts Footing details: 18" wide x 12" deep continuous perimeter 12" wide x 12" wide footing around edges of 18" deep concrete footing Gable Roof 6x6 Posts 2x6 Rafters 124.5" Height Shingle Roof  eSignature - Certificate of Completion Document id: LN5MC4C6 Signatures: 2 Initials: 0 Requested by: Robert Baugh (eric@autreytoler.com) Requestor IP address: 50.110.111.25 Time zone: UTC Document pages: 4 Signers Signer: Dustin Morey royal.realm.landscaping@gmail.com Signature IP address: 107.127.0.120 Dustin Morey User id: LTN6JKKLQ Timestamp: Sent - 08/30/2025 03:38 PM Opened - 08/30/2025 03:43 PM Signed - 08/30/2025 03:45 PM  Project Agreement Form This Agreement is entered into on this __31__ day of __July__, 2025, by and between: Contractor: Royal Realm Landscaping & Client Name: Shawn & Jessica Groves Scope Of Work: -Demolition of existing concrete patio and brick mailbox. -Removal and disposal of all debris off-site. -Installation of new concrete porch (approximately 117 SF), properly graded and finished. -Construction of roof structure over the new porch with 6”x6” posts, including asphalt shingles to match existing residence and 3' siding finish. -Installation of hand railing on one side of the porch for safety and code compliance. -Application of Shawnee Dry Stack veneer stone on the porch face, posts, and mailbox structure for a finished appearance. See estimate for more details to scope of work **Royal Realm Landscaping is responsible for supplying all materials that are included in the estimated cost to complete the project. ** Location Of Project: 417 Woodbridge Drive Charleston, WV 25311 Projected Start Date: Within 4 Weeks of above date Total Cost Of Project: $31,237.00 PAYMENT PLAN ● Deposit: 25% of the total cost is due to hold the place for the project. ● Construction Start: 25% of the total cost is due when construction begins. ● 75% Completion: 25% of the total cost is due when the project reaches 75% completion. ● Project Completion: The final 25% of the total cost is due upon project completion. Advance Project Payment Terms For projects scheduled in advance, a 10% deposit is required to secure the project. The remaining 15% will be due within 10 days of the construction start date. ● Material Orders: Royal Realm Landscaping will order 10% extra of all materials measured in square feet. Any leftover materials will remain the property of Royal Realm Landscaping and may be taken back. ● Change Orders: Any modifications or additions to the original scope of work will be considered a Change Order. All Change Orders must be requested in writing by the client and approved by Royal Realm Landscaping before any additional work begins. A detailed estimate, including any additional costs or time required, will be provided for approval. Once approved, the client is responsible for covering all costs associated with the Change Order, and payment will be due before work commences. Any approved changes may also impact the project timeline, and the client agrees to adjust the schedule accordingly. All change orders requested after the project has begun must be signed for on Change Order Form and paid in full before any further work is completed. ● Non-Refundable Deposit: The 10% deposit is non-refundable, except in the case where an HOA, city, or other required permit or approval is denied for the project. ● Cancellation Policy: Once work has commenced, the contract cannot be canceled without written consent from Royal Realm Landscaping. All outstanding balances will remain due. ● Card Transaction Fees The client acknowledges that any payments made via credit card will incur an additional 3% convenience fee. This fee will be applied to the total amount charged to the card and is the responsibility of the client to cover in addition to the original project cost. In the event of a disputed chargeback, Royal Realm Landscaping reserves the right to charge an additional 50% fee, along with any associated legal or processing fees. ● Building Permit Fees The client is responsible for obtaining and paying for any required building permits, zoning approvals, or other legal permits necessary for the completion of the project. Royal Realm Landscaping will assist with the permit process as needed, but all associated fees, costs, and requirements will be paid by the client. Unknown Conditions Subsurface Conditions & Soil Stability Contractor is not responsible for unforeseen subsurface conditions, including but not limited to soil instability, underground utilities, sinkholes, or improper compaction from prior work. If such conditions are discovered, additional work may be required at the homeowner’s expense. Any unknown objects encountered underground that may delay work will not be covered under the original contract. Examples include, but are not limited to: boulders, large roots, construction footings, irrigation pipe, drain pipe, stumps, groundwater springs, etc. Drainage & Water Management Proper drainage is the responsibility of the homeowner. The contractor will install drainage features as agreed upon in the scope of work. However, changes in landscape, improper grading, or unforeseen natural conditions may affect drainage performance. Contractor is not responsible for water pooling, erosion, or damage caused by improper water management outside of the installation area. General Terms Efflorescence Disclaimer (Concrete, Pavers & Retaining Walls) Efflorescence is a natural occurrence in concrete products and may appear as a white, powdery substance on the surface of concrete, pavers or retaining walls. This is a cosmetic issue and does not affect structural integrity. Contractor is not responsible for efflorescence and will not be held liable for its occurrence. Color & Material Variations Natural stone and manufactured pavers may have variations in color, texture, and finish. The homeowner acknowledges that samples or displays may differ slightly from the final product. Contractor is not responsible for these variations. Weather-Related Delays & Curing Time Work schedules may be adjusted due to weather conditions. Additionally, concrete, mortar, and adhesives require curing time, and excessive moisture or temperature fluctuations may affect performance. Contractor is not liable for delays or material curing conditions due to weather. Settlement & Minor Movement Concrete, retaining walls and pavers may experience minor settling or movement due to ground shifting, freeze/thaw cycles, and natural settling. This is not considered a defect. Contractor is not responsible for repairs due to natural ground movement. Heavy Loads & Improper Use Concrete, pavers and retaining walls are designed for specific weight loads. Homeowner acknowledges that exceeding these limits (e.g., driving heavy machinery over pavers not rated for vehicular traffic) may result in damage. Contractor is not responsible for damages due to improper use. Warranty & Exclusions Contractor provides a [ 1-year ] limited warranty on workmanship. This does not cover damage caused by acts of nature, improper maintenance, heavy loads, discoloration, movement of existing ground conditions, or third-party modifications. No warranty is provided for shrinkage cracks, hairline cracks, settling or spalling. Proper installation of the roof system may require replacement of existing flashing, or nails to protrude soffits to meet code. During such replacement, siding adjacent this flashing which has deteriorated may crack, break, or tear. Royal Realm will make every reasonable effort to avoid damage, but will not be responsible for any consequential damage to siding, rotting fascia or soffits. During the application of the roof system, vibration from the roof may be transmitted throughout the building. Royal Realm is not responsible for sheetrock damages due to vibration. The customer further assumes responsibility for all objects hung from exterior and interior walls and from ceiling and soffits. These have been known to fall during installation, please remove any valuable wall hangings or other personal items that have the potential to fall or become damaged as a result of the construction. It is further understood that vent and gas pipes penetrating through the roof may shift during construction. Royal Realm’s workmanship warranty covers issues directly related to the install process and application of materials used. Material defects, future damage as a result of incident or weathering are not the responsibility of Royal Realm. All material warranties are provided expressly and solely through the material manufacturer. Any warranty claims must be submitted in writing within [ 7 days ] of discovery. Working Hours All work being performed will be during business/daylight hours. Unless special circumstances arise such as but not limited to cure times, severe weather conditions, delays due to suppliers and any unexpected unforeseen circumstances. Post-Construction Responsibilities a) Lawn Seeding and Fertilization: Royal Realm Landscaping will seed and fertilize the lawn if damage occurs as a result of the company’s work. b) Grading: All grading work provided is considered rough grade, which is included in the estimate and contract. Finished grading, if requested, will incur an additional charge. c) Surface Cleaning: Royal Realm Landscaping will make reasonable efforts to remove concrete or dirt dust from surrounding surfaces, such as the side of the house, walls, patios, and fences. However, minor discoloration from dust is considered normal, and the company will not be held responsible for any repair or replacement of such discoloration Excavation and Disposal a) Disposal of Standard Materials: Disposal of dirt, rocks under 3 inches in size, and concrete less than 4 inches thick without rebar or mesh is included in the contract. b) Unforeseen Materials: Any materials unearthed during excavation that were not anticipated (such as rocks larger than 3 inches, construction debris, lumber, metals, etc.) are not covered under the original contract and will incur additional charges. c) Construction Debris Removal: Royal Realm Landscaping is responsible for the removal of all construction debris within 7 days of completion of the project Lien Rights and Late Payment Fees Royal Realm Landscaping reserves the right to file a construction lien on the property for services rendered under this contract in order to secure payment. In the event of late or defaulted payments, a late fee of $300 will be applied, with an additional $50 charged for each day the payment remains overdue. Worksite Photography and Media Usage Royal Realm Landscaping reserves the right to capture images or videos of the worksite at various stages of the project for marketing and promotional purposes. These images may be used in marketing materials, including but not limited to websites, social media, and advertisements. The client's name will not be disclosed; only the job-site location will be referenced. If it’s not in the contract, it’s not included. Acknowledgment and Acceptance By signing below, the undersigned acknowledges that they have thoroughly reviewed and fully understand the terms and conditions set forth in this agreement. This signature serves as confirmation of the Client's acceptance of the scope of work, payment schedule, and all other provisions outlined herein. Both parties affirm their intent to proceed with the project under the specified terms and agree to be bound by the contract. Contractor Dustin Morey Signature_____________________ 8/1/2025 Date_______________________ Dustin Morey, 08/01/2025 02:47 PM UTC ROYAL REALM LANDSCAPING LLC 232 Capitol Street Suite 29 Charleston, WV 25301 681.222.0021 Contractor License: WV064365 Shawn & Jessica GrovesDate_____________________ Client Signature____________________ Shawn & Jessica Groves, 08/02/2025 02:55 PM UTC 8/2/2025 Shawn and Jessica Groves Printed Name______________________  eSignature - Certificate of Completion Document id: LJHXDH92 Signatures: 2 Initials: 0 Requested by: Robert Baugh (eric@autreytoler.com) Requestor IP address: 50.110.111.25 Time zone: UTC Document pages: 4 Signers Signer: Dustin Morey royal.realm.landscaping@gmail.com Signature IP address: 74.231.220.89 Dustin Morey User id: LTN6JKKLQ Timestamp: Sent - 08/01/2025 02:46 PM Opened - 08/01/2025 02:47 PM Signed - 08/01/2025 02:47 PM Signer: Shawn & Jessica Groves sgrov@hotmail.com Signature Signer id: CKMJN2QV Shawn & Jessica Groves IP address: 75.108.155.107 User id: PR6XPSMZG Timestamp: Sent - 08/01/2025 02:46 PM Opened - 08/02/2025 02:04 PM Signed - 08/02/2025 02:55 PM  eSignature - Certificate of Completion Document id: LYZ4RCSB Signatures: 2 Initials: 0 Requested by: Robert Baugh (eric@autreytoler.com) Requestor IP address: 184.15.19.68 Time zone: UTC Document pages: 13 Signers Signer: Dustin Morey royal.realm.landscaping@gmail.com Signature IP address: 206.171.36.24 10/29/25 User id: LTN6JKKLQ Timestamp: Sent - 09/30/2025 08:08 PM Opened - 09/30/2025 08:21 PM Signed - 10/29/2025 06:45 PM