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Jamestown Zoning Board Denies Petition For Tattoo Parlor On Foote

October 6, 2012
The Post-Journal

By Liz Skoczylas

lskoczylas@

post-journal.com

Jamestown will be seeing an extended parking lot and a new shed in the city, but not a new business.

The Zoning Board of Appeals heard three petitions Wednesday. It denied a petition for a tattoo parlor on Foote Avenue, which had previously been tabled. The board did pass petitions for The Resource Center to expand a parking lot and an area variance to allow a shed on Huxley Street.

At the recent meeting, Maria Gullotti approached the Zoning Board to fight for a tattoo parlor currently located in a building she owns with her husband, Carl. The tattoo parlor, which is operated by Gullotti's tenants, Robert and Sarah Mills, has been in business since August. The Millses currently also rent an apartment above the parlor.

The petition was put on hold at the previous meeting. The board instructed Gullotti to provide additional information regarding the building's finances.

For the meeting, Gullotti provided 13 letters in support of Something Beautiful Tattoo and Piercing, located at 401 Foote Ave. Additionally, a 19-page petition in support of the tattoo parlor was presented. Gullotti went over her finances with the board, including the assessed value of the property, the money that was put into it and the rent she and her husband currently receive.

Gullotti also amended her petition to change the parlor's hours and to change the parking situation, which would no longer require an area variance by the board for additional parking.

Despite the changes, the Zoning Board of Appeals voted unanimously to deny the petition.

"We have to follow the four tenants of the appeals process for use variances," said Ellen Ditonto, chairperson of the board.

The four tenants that the board looks at state that the applicant cannot realize a reasonable return provided that the lack of return is substantial as demonstrated by competent financial evidence; the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; the requested use variance, if granted, will not alter the essential character of the neighborhood; and the alleged hardship has not been self created.

The board found that Gullotti's request failed to meet all four of the set standards. Gullotti now has the opportunity to appeal the board's decision.

Additionally, the board unanimously approved a petition from Don Christner, representing The Resource Center. The decision grants a use and area variance to allow for an expansion of the parking lot across from The Resource Center. The expansion would pave over gravel and create roughly 50 extra parking spaces for The Resource Center staff and visitors.

Finally, the Zoning Board of Appeals heard the petition of Matt Clark of 205 Huxley St. for an area variance to locate a storage shed in the side yard of his home. Clark stated to the board that the back yard of the home would not adequately fit the shed.

Several of Clark's neighbors spoke in favor of the petition, citing other homes with sheds in the neighborhood. Additionally, a letter in support of the shed from a neighbor who was unable to attend was read at the meeting. The Zoning Board of Appeals approved the shed 4-1.

 
 

 

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