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Zoning board permits tattoo studio in C-1 block, treats business as professional services pending ordinance cleanup
Summary
The Erie Zoning Hearing Board granted a use variance allowing a proposed tattoo studio at 1648 West Eighth Street to operate under a professional‑services classification while the city considers clarifying its zoning code definitions.
The City of Erie Zoning Hearing Board approved a use variance for a proposed tattoo studio at 1648 West Eighth Street (appeal 13323), allowing the applicants to operate the business under a professional‑services interpretation of the zoning code.
Kevin Gates and Derek Fericci, the applicants operating as Fay Ventures LLC, asked the board for a use variance because the C‑1 local commercial district does not list “tattoo parlor” as a permitted use under the zoning code sections cited in the notice. Gates described the proposed business as a two‑person, appointment‑only studio with typical hours around 10 a.m. to 6 p.m. and low daily client volume. “We’re by appointment only on that,” Gates said, adding the studio would generally see one to two clients a day and not rely on walk‑in traffic.
Art Martinucci, the board solicitor, reminded the board that a prior appeal (12285) involved a similar question and that the board had previously concluded the activities at some tattoo businesses were akin to personal services. City solicitor Jason Cech told the board the zoning code lists tattoo parlors as a separate use and that there is a plausible argument the activity could instead fall under professional services — a category that includes a broad definition of arts and creative work.
Courtney Olevnik, the building owner, and other neighbors spoke in support and said the applicants’ current shop was clean, professional and familiar to the neighborhood. Olevnik said she and current tenants provided letters of support.
Board members voted to allow the use under the professional‑services argument; the board also noted the zoning office intends to revisit the ordinance to add clarity so future similar applications can be processed more consistently.
The board’s motion and the record indicate the approval allows the applicant to proceed under the professional services classification; staff told applicants what administrative steps would follow after the board’s order.
