Business operator appeals Chartiers zoning decision
The operator of a multifaceted business in Chartiers Township has asked Washington County Court to review a decision by the local zoning hearing board.
DiPal Corp., which does business as Gabby’s Black and Gold at 2440 W. Pike St., Houston, has both a quick-stop food mart and, with the approval of the state Liquor Control Board, a bar-restaurant. The two businesses are separated by a partition.
The property was previously zoned commercial, but when it was changed to a residential zone, the businesses became what is known as a “nonconforming use.”
DiPal received a notice for an alleged zoning violation. When advised the operators needed a variance to serve food, DiPal filed a request with the zoning hearing board, which convened a proceeding Aug. 19.
The board denied DiPal’s request, determining the creation of a seating area inside a convenience store for the dining public was not a “natural and reasonable expansion.”
DiPal, through an attorney, contends the dining area is not detrimental to the neighborhood, and the sale of food and beverages on the premises predated the change in zoning designations.
The corporation, according to a document filed with the court, claims it is being deprived of a reasonable use of the property and has not changed its dimensions.
No hearing date has been scheduled.