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Board of Zoning Appeals

Regular Meeting

Fairmont, WV · December 7, 2017

AgendaMinutes

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) Page 1 of 2 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. Page 2 of 2

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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