Zoning board finds tattoo studio a permitted use in RLB, approves appeal 5–0

The Zoning Hearing Board voted 5–0 to treat an appeal for a proposed tattoo studio at 1335 West 38th Street as a permitted use in the city’s residential limited business (RLB) zoning district, concluding that no variance was necessary.

Leslie Fiolick, owner of Andromeda Studios, told the board she has operated a tattoo studio for nearly seven years and seeks to relocate closer to East Side clientele after her current lease expired. Fiolick said the studio is appointment-only, typically operating between about 12 p.m. and 5 p.m. with occasional private sessions, and that the business provides services including medical areolar tattooing for post-mastectomy clients.

“I'm the owner of Andromeda Studios. I've been open for almost 7 years now,” Fiolick said during her testimony.

Sarah McMillan, who owns the building through Moxie Properties LLC and operates Moxie Hair Salon, said the space would be difficult to subdivide for other uses and that Fiolick’s studio would be a good fit. Cathy Shoff, a nearby resident, urged the board to approve the use, saying she supports women-owned businesses and that filling a vacant storefront would help the neighborhood.

Brad Prince, owner of the building next door at 1343 West 38th Street, opposed the proposal, citing parking concerns, the mixed residential-commercial character of the block and the presence of a school about half a mile away. Prince said he has sometimes had to ask nearby customers not to park in his lot.

Prince told the board, “I’m opposed to having that type of business at that location,” and listed ongoing worries about parking and increased traffic.

Board members questioned applicants and neighbors about parking and operations. McMillan said the property has about nine parking spaces; Fiolick said her studio would employ four artists and typically have at most about eight cars during overlapping appointments, relying on scheduling to avoid congestion. McMillan acknowledged a one-week incident last November in which a roofing contractor’s equipment temporarily displaced parking but said the problem was not ongoing.

Board counsel noted that recent past reviews had considered whether tattoo services fit under existing permitted uses in RLB zones—either as personal services or as professional services—and that earlier cases had been handled accordingly. The discussion prompted a motion that the appeal be treated as a permitted use, effectively making a variance unnecessary. The motion was seconded and carried by a 5–0 vote.

The board also handled routine business: members approved the minutes from Nov. 11 (voice vote), discussed a court ruling in a separate matter in which Judge Walsh of the Erie County Court of Common Pleas dismissed an appeal related to the Perseus House project, and addressed the need to appoint a new independent solicitor for the zoning hearing board for 2026 after Arthur (Art) indicated he would not return to this seat.

The board adjourned following a motion and brief holiday remarks.

Votes at a glance • Appeal #13328 (tattoo studio at 1335 West 38th Street): Motion that the use is permitted under RLB — approved, 5–0. • Approval of minutes (Nov. 11): approved (voice vote, recorded as aye).