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City Zoning Board Denies Variance For Tattoo Studio

Pictured is the proposed location of a tattoo studio at 14 E. Fourth St. On Wednesday, the Jamestown Zoning Board of Appeals denied a use variance for the operation of a tattoo studio at the location. P-J photo by Dennis Phillips

The Jamestown Zoning Board of Appeals has denied a use variance for the operation of a tattoo studio in downtown Jamestown.

On Wednesday, board members heard from Denise de la Cerda, who was proposing to open an appointment -only tattoo studio, along with an fine arts studio, at 14 E. Fourth St. de la Cerda said she would only be accepting about three appointments a week for the tattoo studio, and didn’t expect that much more foot traffic for the fine arts studio. She said the tattoo business would have been located above Maurice’s Beauty Salon and would have been in close proximity to businesses like the Labyrinth Press Co. and Brazil Craft Beer & Wine Lounge, so the business wouldn’t be creating a significant increase in foot traffic along East Fourth Street.

de la Cerda said where the city allows for tattoo businesses — in the manufacturing district — wouldn’t be clean enough to get approval from the health department because of dirt, dust and mildew. She said tattoo businesses are becoming more like boutiques and are being located in downtown business districts. She said the business doesn’t belong in the same area as light manufacturing companies.

Gary Templin, Fourth Street resident, spoke against the use variance petition. He said the tattoo parlor would make the neighborhood less attractive. He submitted a two-page letter to the board listing the reasons he believes the business shouldn’t be located along East Fourth Street.

Todd Alexander, Ashville resident, said he is a tattoo artist with a business along Chautauqua Avenue in Lakewood. He said because Jamestown is an art-oriented city, a business like a tattoo parlor should be permitted to be located in downtown Jamestown.

Of the seven members on the board, only four were in attendance for the meeting. The vote was 2-2, with four votes needed to receive approval. Ellen Ditonto, board chairwoman, and Robert Kenyon, board member, voted against the variance while board members Sally Martinez and Michael Panebianco approved the proposal.

In other business, the board also denied an area variance for Aces Full Properties to create three parking spaces in the front yard at 295 Willard St. in a single-family residential area. Steve Shelters of Aces Full Properties spoke on behalf of the variance. He said the business purchased the property during the Chautauqua County Tax Foreclosure Auction earlier this year. He added that they are in the process of renovating the three-apartment complex.

Shelters said they propose putting the parking spots in the front yard, which is against the city zoning code, because there is no good location in the backyard for parking spots because of a steep hill and access to the basement apartment.

The zoning board voted 3-1 against the variance, with Ditonto, Kenyon and Martinez all opposing the proposal.

The zoning board approved the use variance for Larry Bentzoni of Lindstrom Property to build a 60-foot by 36-foot pole barn garage at 7 Osmer St. to protect property and equipment from vandals. Bentzoni said earlier this year vandals caused $32,000 worth of building and equipment damage at the business.

The zoning board approved an area variance for the construction of a 12-foot by 20-foot addition to an existing 18-foot by 20-foot garage at 55 Meadow Lane. Shad Griffin, who spoke on behalf of the petition, said the addition would be used to house normal household equipment.

The zoning board approved the area variance for the construction of a 36-foot by 40-foot pole bar garage at 28 Cedar Ave. Joshua Coone, who spoke on behalf of the petition, said he would like to build the garage to store his property. He said currently he is renting two storage units for some of his property. He added there would be no commercial use at the garage. Coone said his neighbors have no problem with the proposed new garage.

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