PARKERSBURG - The change of seasons apparently brought a change of opinion to the Parkersburg Board of Zoning Appeals over a request by the Elks Lodge in downtown Parkersburg to have video lottery.
Wednesday, the board, by a 3-0 vote, with one abstention, approved a request by the Elks to operate both video lottery and Keno at its Market Street location.
In April, the board denied the Elks' requests for video lottery for fear that approval would lead to a swarm of additional requests.
On Wednesday, several board members had a change of heart and approved the request despite opposition from a nearby church.
"Our attorney found sort of a loophole in there, which means even if we had turned it down we could have been challenged," board member Jim Ball said. "Rather than go through any court fiasco, being they are non-profit, and totally a membership-only organization and they do so much for youth, veterans, and local groups. It was not an easy decision to make, but it will pay rewards back into the community."
In the last few months several of the Elks' neighbors, members of area churches and a business owner attended the appeals board meetings to speak in opposition of the request. Several members of the Trinity Episcopal Church also spoke against the request.
Trinity member Susan Fitcher, who has previously challenged the request, said she was surprised by the boards 180 degree change of heart.
"Before, it was unanimous," she said. "So I was very surprised."
Fitcher wouldn't speculate as to what led board members to change their mind. She also did not speculate if the church would appeal the board's decision to circuit court.
Board member Bill Morrison said his change of heart was based on Assistant City Attorney Bob Tebay's letter, which was penned in March. Morrison said he also supported the request because the lottery and Keno would stay with the Elks and not with the Market Street property.
"Mr. Tebay stated that everything was legal to go ahead and do it," he said.
The board had Tebay's letter in hand when it denied the Elks' request in April.
In the letter, dated March 27, to Zoning Administrator Lydia White and appeals board members, Tebay stated such a limited video lottery variance is permissible.
"If the board were so inclined, it may issue a `temporary variance' to Elks 198, for so long, and only so long, as it occupies the subject premises," he stated.
At its former downtown location, the Elks had video lottery machines which were allowed under a grandfather clause. White said when the group moved to their South Hills location, and the appropriate time lapsed, the Elks lost the grandfather clause.
White said city code does not allow a video lottery establishment within 1,500 feet of a church or another video lottery establishment. According to White there are no less than four churches and two video lottery establishments within that zone.
"When I first stepped in, not knowing all the background and history I was opposed to it," Ball said of the Elks' request. "We have way too many video lottery and Keno machines in the city, but for the most part those are just set up so anyone can just walk in and use them. In this case the money provides good back into the community whereas the others do not."
