Board of Zoning Appeals
Regular MeetingFairmont, WV · December 7, 2017
Minutes
BOARD OF ZONING APPEALS
The regular meeting of the Board of Zoning Appeals was held on December 7, 2017, at 7:00 p.m. in the Public Safety
Building located at 500 Quincy Street.
President Majic called the meeting to order at 7:00 p.m.
ROLL CALL OF MEMBERS
Present Absent
President Majic Board Member Deasy
Board Member Shultz
Board Member Manchin
Board Member Ragen
Board Member Shultz motioned to excuse Board Member Deasy from tonight’s meeting.
Board Member Ragen seconded the motion.
Motion carried 4-0
City Staff Present
City Planner, Sandra Scaffidi
Senior Staff Assistant, Maria Cipolla
APPROVAL OF MINUTES
President Majic asked for a motion to approve the minutes from November 2, 2017 & November 20, 2017.
Board Member Ragen motioned to approve the minutes.
Board Member Shultz seconded the motion.
Motion carried 4-0.
PUBLIC HEARINGS FOR November 2, 2017
1. Ashley Moore is requesting a conditional use permit to allow a bar at 306 ½ Merchant Street. A bar is
a conditional use in the City Center Zoning District. The property is identified as tax parcel 5-7-25.
President Majic: Is there anyone here to speak in favor of this request?
Ashley Moore [applicant]: I really don’t have anything more to add.
Board Member Manchin: Do you have a name for your business yet?
Ashley Moore: We are going to name it ‘Overtime’.
Maria Cipolla: Do you know what your hours of operation are going to be?
Ashley Moore: We want to be open from 9:00 till 3:00 a.m. Wednesday through Saturday.
Sandra Scaffidi: I think 3:00 a.m. is not allowed according to the City’s Code. I think 1:00 a.m. is the last you can be
open.
Ashley Moore: I think most bars keep their doors open until 3:00 a.m. They stop selling alcohol at a certain point and
continue to serve food.
(Inaudible)
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Sandra Scaffidi: For right now, the hours of operation may be an issue depending on what our Code says, but we are
only here for the conditional use request. Restaurant/Lounges are permitted from 6:00 a.m. to 1:00 a.m. I don’t see
where they mention hours of operations for a bars/night club in our Code book. I will look into this.
President Majic: Is there anyone to speak against this request?
There were none.
President Majic: Do I have a motion to close the public hearing?
Board Member Manchin motioned to close the public hearing.
Board Member Ragen seconded that motion.
Motion carried 4-0.
Sandra Scaffidi: They want to use the building to be as a bar at this location. It is not in conflict with other uses in the
area. It has been an active business for many years. There are no significant changes proposed. Staff supports the
conditional use request as long as the applicant meets the required as identified in 4.31 and 4.4. I want to reserve the
ability to double check hours of operation allowed for a bar under our Code to be on the safe side.
Board Member Manchin motioned to approve this request.
Board Member Ragen seconded the motion.
Motion carried 4-0.
DISPOSITION OF PAST CASES
None
OTHER BUSINESS
None
ADJOURNMENT
President Majic asked for a motion to adjourn.
Board Member Manchin motioned to adjourn.
Board Member Shultz seconded the motion.
Motion carried 4-0.
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Agenda
AGENDA
THE FAIRMONT BOARD OF ZONING APPEALS
December 7, 2017
PUBLIC SAFETY BUILDING
7:00 P.M.
I. MEETING CALLED TO ORDER
II. ROLL CALL OF MEMBERS
III. APPROVAL OF MINUTES FROM November 2, 2017 and November 20, 2017.
IV. PUBLIC HEARINGS FOR December 7, 2017
1. Ashley Moore is requesting a conditional use permit to allow a bar at 306 ½ Merchant Street. A bar is a
conditional use in the City Center Zoning District. The property is identified as tax parcel 5-7-25.
V. DISPOSITION OF PAST CASES
None
VI. OTHER BUSINESS
None
VII. ADJOURNMENT
The next scheduled meeting is on January 4, 2018
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