Board of Zoning Appeals — Charleston, WV
Date: 2026-04-09
Time: 08:30

Charleston Board of Zoning Appeals
 AGENDA
 8:30 a.m., Thursday, April 9, 2026
 City Service Center Conference Room · 915 Quarrier Street


I. Items for Review

 CUP-26-0256 & VAR-26-3062
Application of Aric Margolis requesting a conditional use permit in order to adaptively reuse a non-
residential property and receive a variance of the front setback spacing and paving requirements on the
property located at 700 Chappell Road.

II. Approval of minutes for previous BZA hearings.

Charleston Board of Zoning Appeals
 AGENDA
 8:30 a.m., Thursday, April 9, 2026
 City Service Center Conference Room · 915 Quarrier Street


I. Items for Review

 CUP-26-0256 & VAR-26-3062
Application of Aric Margolis requesting a conditional use permit in order to adaptively reuse a non-
residential property and receive a variance of the front setback spacing and paving requirements on the
property located at 700 Chappell Road.

II. Approval of minutes for previous BZA hearings.
 Board of Zoning Appeals
 Application for Variance

BZA # Hearing Date:
 Applicant Information Property Information
Name: Address:
Aric Margolis 700 Chappell Rd. Charleston WV 25304
Address: Tax Map and Parcel:
602 Virginia St. E Ste 102 Charleston WV 25301 Tax Map 24 Parcel 1 Kanawha Corporate District
Phone: Zoning District:
304-343-9080 R-2
Agent Name, Address and Phone Number: Property Owner and Mailing Address:
(if other than applicant) (if other than applicant)
Aric Margolis Architecture


INSTRUCTIONS: This application must be typed or legibly printed and filed with the Development Services
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; and a
 2. $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.
We are asking for two variances. 1. Variance to park in the front setback. 2. Pave more than 50% of front setback.




Applicable Section(s) of the Zoning Ordinance 23-020-07


Please describe the proposed work to be done on the property. Owner requests variances so they can enlarge the parking
lot to accommodate the current business needs. The property received a conditional use permit when it was converted from a church to a
business but the current parking lot does not provide adequate parking for the use.
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? This variance will not adversely affect the public. In fact it will relieve the need for business occupants to try and find parking
off site when the parking lot is expanded to accommodate the needs of the business.




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?
This property is an adaptive reuse of an existing church. It has been used as a business occupancy for some time. The property is located on
a corner which makes it very difficult to satisfy the current zoning ordinance (multiple fronts as opposed to one front setback).




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?
 The building is approximately 20,000 square feet. The current parking lot is 44 cars. Far below the required 72 car parking per the zoning
 regulations of 1 car per 300 square feet




 Is your situation due to unique circumstances that are not shared by other land in the district?
 Yes, the property was an adaptive reuse and remainder of the district is single family homes. Because this property is on a corner,
 the property has significant front setback restrictions making it difficult to provide the amount of parking needed for the granted use.




 Would approval of your variance request alter the essential character of the surrounding neighborhood or
 community? No, this property is already being used as a business so the character of the neighborhood will not change.
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?
Yes, since this property was already granted a conditional use for adaptive reuse, this variance will allow the property to meet the required
parking per the zoning ordinance.




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?
Yes, because there is no other area on the property where additional parking could be added and not have to apply for variance.




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.

 10/31/25
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
 Board of Zoning Appeals
 Application for Conditional Use Permit

CU # Hearing Date:
 Applicant Information Property Information
Name: Address:
Aric Margolis 700 Chappell Rd. Charleston WV 25304
Address: Tax Map and Parcel:
602 Virginia St. E. Ste 102 Charleston WV 25301 Tax Map 24 Parcel 1 Kanawha Corporate District
Phone: Zoning District:
304.343.9080 R-2
Agent Name, Address and Phone Number: Property Owner and Mailing Address:
(if other than applicant) (if other than applicant)
Aric Margolis Architecture


IMPORTANT: 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 250 foot radius of the property for which the variance is being sought; 3)
$125.00 filing fee in the form of a 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 ANY INCOMPLETE APPLICATIONS.



Please describe the proposed use. Include information such as the activities to be conducted on the site, hours
these activities will be conducted, and any other data pertinent to the proposed use. If the proposed use is a
business, please attach a list of the officers and their contact information.
This property is used as the home office for a Nursing Home business. The business was formerly Stonerise and now is owned by
Communicare. Communicare runs 43 nursing homes throughout West Virginia and this site serves as the home office. The property was
formerly a Church that was converted into offices. Primarily, the building is used 8-5 on weekdays. This business is also across the street
from one of Communicare's nursing homes.




Applicable Section(s) of the Zoning Ordinance 3-050-C, Adaptive reuse of a non residential structure


Does the proposed use comply with the conditions set forth in the Zoning Ordinance?
This property had previously obtained a conditional use permit for an adaptive reuse of a non residential structure.




Please describe any proposed work to be done on the property.
Owners have a need to expand the parking lot so they can fully use the structure for the amount of employees they have at this office.
If your request for a conditional use permit is granted, how will others in the area be affected?
Increasing this parking lot will relieve congestion from the street as they currently have to park wherever they can find parking when
the property is being used to fullest extent.




Will your request devalue the property of others in the vicinity by altering land use characteristics or diminishing
the marketable value of adjacent land and structures or increasing congestion on public streets?
No, this property is already being used as office space so no change in use that will diminish the value of the neighborhood.




Is your request consistent with the purposes and intent of the Zoning Ordinance of the City of Charleston?
Yes, the property is already being used as an adaptive re-use.




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.

 10/31/25
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
 CE SY D D NGS:
 BEAR STEM INATES ES TO PRODU
 INGS (WVSP TABLI C
 SHED E THIS SU

 GRID
 SHOW CS - S
 THE D
 IFFER
 N HER
 E
 O  UTH Z BY TRIAD RVEY IS

 WV ST
 O ONE, B
 N NAD 8 ENGINEER ASED ON
 NORT
 THE V ENCE ARE O
 B E TWEE R I ENTED 3 - 2011 ING US WEST
 (NAVDERTICAL DA N GRI T O E P IN VIRGI

 ATE P
 OCH 2 G

 H
 OE 88). TUM F D NOR GRID T H E WVDO NIA
 O T H NORT 010 AD
 TC THE M R THIS A ND TR H. JUSTM H VIRT
 SURV UAL

 LANE
 A G N ETIC D U E N O E N T ).
 THE N EY IS R TH
 ATION E THE N (CONV
 AL CE CLINATION ORTH ERG

 COOR
 NTER A T A M 0°E2N1C'
 OF EN T IM E E R IC A E5 )8"ISW
 N ES.T

 NAD 8
 VIRON O  F  SURV VERTIC

 DINAT
 MENT E A  L DAT
 AL INF Y WAS COM UM OF

 3 - 201
 ORMA
 OE
 TION OPU7T°E5D5' A 1988

 ES
 TC NLINE WS ± 0
 DECLI ° 22B'Y
 SITE 1 ADJ
 NATIO
 N CAL
 TC CULAT MAP
 USTM
 OE OR.
 LINE T (AS M
 ENT
 MP OE
 SURV
 EYED
 YPES AY
 '' C
 12 TC PROP
 UN-SU ERTY
 RVEY LINE
 ED PR
 RIGHT OPER
 - OF-WA TY LINE
 Y / EA
 SEME
 TC NT LIN
 E
 12 OE CENT
 ERLIN
Y MAP ''CM
 P
 OVER
 HEAD
 E
 TELEP E
 HONE LECTRIC,
SCAL & CAB
 E O
 LE
 TELEP VE
 HONE RHEAD
 & CAB
 76 TOTAL PARKING PRELI NATU
 RAL G
 LE
 OE MINAR AS LIN OTC
 IN FRONT  TC
 NOT F P ROGR Y SANIT E
 P
 OR RE E SS DR ARY S
 EWER
A 12
 ''C M (32 EXISTING) C O AWING WATE
 GAS

 THIS I R DATIO R LINE
 SAN
 L1 S NOT N OR
 UE
 A CER CONV WTR
DISTR .
 ST UT EN
 TIFIFE EYAN
 IC T I
 EX B C D DOC CE
 TC
 R AV 7 UMEN
 OE CU LD 0
 5 T ABBR
 E VIATIO
 IE T. 1 N S:
 12'
 RF R POINT
 OF BE
TY LLC 'CM TE NS GINNI
 ES FA
 NG: P
 P NOW .O.B.
 CH
 OR FO
 MERL
 Y: N/ IRON
 DEED F
 22 CAR PARKING BOOK
 : D. RIGH
 TC B.
 OE WILL B
 OOK
 W.B.
 EXIST. PAGE
 CURB CUT
 : PG.
 Y CENT
 TO REMAIN
 N TR ERLIN
 E: C
 E T /L #
 W I CONC
 N E EX REINF RETE:
 ORCE CONC COM
 D CON .
 CRET
 OE CORR E PIPE MAG S
 TC UGAT : R.C.P PIKE &
 ED ME .
 TAL P
 IPE: C
 SANIT .M.P.
 FEDER A RY SE
 AL AID WER:
 32 CAR PARKING NON S S.S.
 TATE
 ROUT
 E FANS
 CH RT.
 AP
 FAN PELL
 TC

 R
 OE HC HC
 SR
 T. 1 OAD
 053
R O PE
 R
 VIRGI TY AS SUR
 N V
 ORS, IA", AS DEF EYED IN
 TITLE
 23 SE INED UNDE TEL
 SU R V RIES 5 R
 EYED
 ARE S SECTI THE
 HOWN ON 7.
TS IN AS
 U.S. S TC ARK SANIT
 ARY
 URVE
 Y FEE OE ING
 T. SANIT
 HC ARY S
QUAR 22
 E F OO
 TAGE CAR
 BY 4 3 P
 ,560 DE
 20,528 Sq ft




 OF E X OE
 ISTING TC
 PARC
 E LS OF
M AN LAND
 ACTU T O P RO
 A L FIEL VIDE A
 D SUR BASIS
 CE OF VEY C FOR
 THE C OMBINE
 OUNT D WIT
 Y CLE H DAT
 R K OF K A OF
CCES ANAW
 S
T MAY ED BY FOO HA CO
 BE R E T OR A UNT Y
 QUIRE UTOM , WES
 D BY T OBILE T
S DEP H E WEST T R A
 VIRGI FFIC FROM
E SUR
 ICTED
 HERE
 O N .
 NIA DE
 PARTM 12 CAR PARKING
 VEYO ENT
 R OF R
 ECOR
 D, THI
 (EXISTING)
ON T O S SUR
 A
 SHIP A NY SHOW VEY W
 N N AS
L AND D PURPO HEREON
 EXHA S .
 USTIV E OF EASE A WEST VIR
 E EXA M
 MINAT ENTS, RIG GINIA
 ION O H
 F TITL TS-OF-WAY
 E. ,


 SURV
 EY
  CHAR WAS
 LD SU GE AND
 CE WI RVEY PRELI
PRES H
 T
 PROG MINAR
N SEC
 ENTED
 TION NOT RES Y
AR
 CE SY D D NGS:
 BEAR STEM INATES ES TO PRODU
 INGS (WVSP TABLI C
 SHED E THIS SU
 GRID
 SHOW CS - S
 THE D
 IFFER
 N HER
 E
 O  UTH Z BY TRIAD RVEY IS
 O
 NORT
 ONE, B
 THE V ENCE
 B E
 N ARE O
 R I NAD 8 ENGINEER ASED ON
 TWEE E NTED 3 - 2011 I NG US WEST
 (NAVDERTICAL DA
 ATE P H
 N GRI T O GRID E  P OCH 2 I N G T VIRGI
 OE 88). TUM F
 O
 D NOR
 T H NORT 010 AD H E WVDO NIA

 LANE
 TC THE M R THIS A ND TR H. JUSTM H VIRT
 A G N SURV U E N E N T ). UAL
 THE N ETIC D EY IS O R T H
 COOR
 ATION E THE N ( CONV
 AL CE CLINATION ORTH ERG
 NAD 8
 NTER A T A M 0°E2N1C'
 E E
 5 )8"ISW
 DINAT
 OF EN T I M E O R I C A N ES.T
 VIRON F  SURV V ERTIC
 3 - 201
 MENT E A L DAT
 AL INF Y WAS COM
 ES
 ORMA UM OF
 TION OPU7T°E5D5' A
 1 ADJ
 OE 1988
 TC NLINE WS ± 0
 DECLI ° 22B'Y
 SITE USTM
 NATIO
 N CAL
 MAP
 ENT
 OE
 C
 CULAT
 T OR.
 LINE T (AS M
 SURV YPES AY
 WV ST
 MP EYED
 56 TOTAL PARKING
 OE
 12''C TC PROP
 UN-SU ERTY
 RVEY LINE
 IN FRONT
 ED PR
 RIGHT OPER
 -OF-W TY LIN
 AY / E E
 OE
 (32 EXISTING 24 NEW) ASEM
 ENT L
 INE
 P TC CENT
 ''CM ERLIN
Y MAP 12
 TOTAL NEW PAVEMENT: 24,027 Sq ft OVER
 HEAD
 E
 TOTAL EXIST. PAVEMENT: 11,379 Sq ft TELEP E
 HONE LECTRIC,
SCAL ADDITIONAL HARDSCAPE: 12,658 Sq ft & CAB
 E O
 LE
 TELEP VE
 HONE RHEAD
 & CAB
 LE
 PRELI NATU
 RAL G
 OE
 P MINAR AS LIN OTC
 TC
 NOT F ROGR Y SANIT E
 ''CM
 P
 OR RE E SS DR ARY S
 EWER GAS
A C O AWING WATE
 12
 THIS I R DATIO R LINE
 SAN
L1 S NOT N OR
 UE
 A CER CONV WTR
DISTR .
 ST UT EN
 TIFIFE EYAN
 ICT I
 EX B C D DOC CE
 OE R AV 7 UMEN
 TC CU LD 0
 5 T ABBR
 EVIAT
 IE T. 1 IONS:
 P RF R POINT
 OF BE
TY LLC 12' TE NS GINNI
 ES FA
 'CM NG: P
 NOW .O.B.
 CH
 OR FO
 MERL
 Y: N/ IRON
 DEED F
 12 CAR PARKING BOOK
 TC : D.B. RIGH
 OE WILL B
 OOK
 W.B.
 EXIST. PAGE
 CURB CUT
 : PG.
 CENT
 TO REMAIN ERLIN
 E:
 RY
 T
 C/L #
 CONC
 EN T REINF
 ORCE
 RETE:
 E W XI D CON CONC COM
 N E CRET .
 TC CORR E PIPE MAG S
 OE UGAT : R.C.P PIKE &
 ED ME .
 TAL P
 IPE: C
 SANIT .M.P.
 FEDER ARY S
 AL AID EWER
 NON S : S.S.
 32 CAR PARKING TATE
 ROUT
 E FANS
 CH RT.
 AP
 FAN PELL
 TC

 R
 OE
 SR
 T. 1 OAD
 HC HC
 053
ROPE
 R
 VIRGI TY AS SUR
 G
 N V KIN
 ORS, IA", AS DEF EYED IN
 TITLE
 23 SE INED UNDE
 PAR TEL
 SURV RIES 5 R
 EYED
 ARE S SECTI THE CAR
 HOWN ON 7.
TS IN AS 12
 SANIT
 U.S. S TC ARY
 URVE
 Y FEE OE SANIT
 T. HC ARY S
QUAR
 E FOO
 TAGE
 BY 43
 ,560 DE
 20,528 Sq ft




 OF EX TC
 ISTING OE
 PARC
 ELS O
M AN F LAN
 ACTU D TO P
 AL FIE ROVID
 LD SU E A BA
 RVEY SIS FO
CE OF COMB R
 THE C INED W
 OUNT ITH DA
 Y CLE TA OF
CCES RK OF
 S KANA
T MAY ED BY FOO WHA C
 OUNT
 BE RE T OR A Y, WE
 QUIRE U
 D BY T TOMOBILE ST
S DEP H E WES TR
 T VIRG AFFIC FRO
E SUR
 ICTED
 HERE
 O N .
 INIA D
 EPAR
 M 12 CAR PARKING
 VEYO TMEN
 R OF R
 ECOR
 D, THI
 T
 (EXISTING)
ON TO S SUR
 A
 SHIP A NY SHOW VEY W
 N N AS
L AND D PURPO HEREON
 EXHA S .
 USTIV E OF EASE A WEST VIR
 E EXA M
 MINAT ENTS, RIG GINIA
 ION O H
 F TITL TS-OF-WAY
 E. ,


 SURV
 EY
  CHAR WAS
 LD SU GE AND
 CE WI RVEY PRELI
PRES H
 T
 PROG MINAR
N SEC
 ENTED
 TION NOT RES Y
AR