Zoning board tables request to legalize Cherry Street convenience store after questions on hardship and screening

The Erie Zoning Hearing Board on a motion tabled an appeal by property owner Hassan Zakaria seeking to formalize a retail use at a Cherry Street building, after board members asked for additional information about the claimed hardship and site conditions.

Attorney Craig Zona told the board that Zakaria bought the property in 2019 and converted an existing barber shop to a small convenience store without filing for a zoning permit. Zona said the structure has a long commercial history and that converting it to other permitted uses would be cost‑prohibitive. He asked the board to change the nonconforming personal‑service designation to retail and to grant relief from the ordinance’s screening requirement.

Zakaria testified that the one‑story building measures about 1,092 square feet and that most customers walk from surrounding homes. He said there are no fuel pumps or outdoor refrigeration, and that the store sells tobacco but not alcohol. On parking, board members noted section 3024 of the zoning ordinance requires one parking space per 350 square feet, which would translate to more than three spaces for a building of that size; Zakaria stated his lot provides 10 spaces.

Chair Laura Gunin reminded Zona and the owner that a showing of hardship is required for a variance. Zona argued the building’s physical constraints and the cost of redevelopment constituted a hardship, and he pointed to a history of nonconforming commercial uses on the site dating back decades. Board members pressed for clearer documentation of that hardship and asked about the history and timing of prior uses.

Solicitor Lydia Caparosa and the board discussed how the ordinance treats changes between nonconforming uses and the question of abandonment; the board noted that some past uses existed long enough ago to be considered abandoned under current rules.

No members of the public appeared in opposition. Before voting, the board recessed for a brief executive session. On returning, the board moved to table the Cherry Street appeal for further information; the motion was seconded and carried. Amy Francis, the board secretary, will notify the applicant of the date the item will be placed back on an agenda.

The board took no final action on the request; the matter was tabled for a future meeting pending submission of additional documentation and clarification by the applicant and staff.