The old elementary school recently purchased by Lee Street Partners received final approval from the Lewisburg City Council to allow a conditional use permit to sell wine on the premises.

The Lee Street property is zoned EI (educational /industrial), and situated, as it’s been for years, within a residential area. Several neighbors attended the Tuesday night meeting, and aired both their concerns for the possible ramifications should the request be granted, as well as their support for the art studio project.

Michael Christie, one of four Lee Street Partners, wa~ required to state to council why the permit to sell wine should be granted. Christie said the permit allows the partners to charge for ticketed musical events in order to pay for the upkeep of the premises. Even though glasses of wine are normally served at gallery openings and music events, any money exchanged is assumed to be for the sale of the alcohol and not for a ticket, according to the ABC Board. The Lee Street Partners’ request for a conditional use permit means that in order to afford to pay visiting workshop instructors or musicians, the wine permit is required as a provision to cover overhead costs.

Council member Mark Etten stated that city code requires the applicant present evidence that the requested permit will not 1) endanger the public health and safety; 2) injure the value of adjoining or abutting property; 3) be out of harmony with the area; or 4) be out of conformity with the official community.

Jeanne Christie presented an outline of point by point proposals designed to meet those requirements, stating: 1) a computer security system will be installed and groundskeepers will monitor parking and traffic issues during events; 2) assurances from local realtors claim that property values are not injured when similar developments occur within residential areas. The McGuffey Cultural Arts Center in Charlottesville, VA, was cited as a successful example the Lee Street Partners hope to emulate to that effect; 3) the restorations to the deteriorating school building maintains harmony to the area with the continued educational atmosphere, landscaping improvements and the installation of new windows; and lastly, 4) according to city zoning officer Chuck Smith, the entire project meets the city plan’s zoning points.

For many of the attending property owners, a sticking point with the proposed alcohol use permit was that, under the city code, conditional use permits are conveyed along with the sale of the property in perpetuity, including any conditions added at the time of approval. Those concerns were made loud and clear in a three-hour planning commission meeting on Nov. 9, raising questions as to what this EI development could mean for their familiar residential neighborhood – a lot of traffic, late night noise disturbances and parking congestion.

At that meeting, several conditions were added to the permit request: 1) only wine can be served; 2) no service after 10 p.m.; 3) at events only on Friday or Saturday nights; 4) at no event held in the gymnasium; 5) at sponsored/ticked events only; and 6) that all alcohol consumption is contained within the building. The permit request was, never-the-less, voted down in a split vote at the planning level. Procedurally, the application then moved forward to the city council to be approved, denied or approved with conditions.

At the council meeting, Christie said, “We are asking for the opportunity to be able to serve just wine at the facility for various arts events. We are not a bar; this is an art and cultural center, with wine being a side to that.” Support for the project was heard in the council chambers by the majority of those attending, though not everyone was in agreement.

“We are concerned about this [allowance] which [grants], in effect, a zoning change. Once granted, it cannot be taken back. That’s my concern,” stated Edith McKinley, a Lee Street resident.

Etten said he was also struggling with the third burden of proof to show the permit request would not be out of harmony with the area. “Not all EI areas are created the same,” he said. Those surrounded by commercial districts, where the sale of alcohol is allowed, are not out of conformity with the surrounding area. The Lee Street El designation, on the other hand, is surrounded by a residential neighborhood where alcohol sales are not allowed. Etten ended up voting against the measure.

Council’s vote to approve was made with the understanding that if the use of the property changes, the applicant must go back to the planning commission, or if the cited conditions for the permit are not being met by the applicant, the city can revoke the permit. With those understandings clarified, the council approved the use permit in a 3-1 vote.

In other business:

• Mayor John Manchester addressed the recent report concerning a $4,000,000 water settlement by advising residents that in order to file a claim to be part of the settlement, residents should contact the attorney handling the claim directly. The city is not a source of information or refunding the cost of water losses during the Anthony Creek diesel fuel leak event that occurred in January of 2015. Contact Charles R. “Rusty” Webb at The Webb Law Centre, PLLC, 716 Lee Street, East, Charleston, WV 25301; by e-mail at rusty@rustywebb.com; by telephone 304-344-WEBB (9322); or statewide toll free at 1-888-344-WEBB (9322). Settlement terms can be found at mountainmedianews.com.
• The council approved the donation of an international truck to Greenworks Recycling from the public works department.
• A resolution to approve the lease purchase of six police vehicles was also approved.
• Council voted to oppose a Mon Power purchase of the Pleasants power plant for the reason that because West Virginia, unlike Ohio, is a regulated state, additional monies will be extorted from West Virginia tax payers to benefit Mon Power stockholders, Manchester said.