Wood County Commission rescinds video lottery variance

PARKERSBURG -- The Wood County Commission voted unanimously Monday to rescind a variance for a property owner outside Williamstown to operate a video lottery establishment.

Commissioners said new evidence has been brought to their attention that made them reconsider their earlier decision for the property identified as "Garden Grille, Waverly Road, Williams District, Map 70, Parcel D3."

The property is owned by Hi-Lad Inc. The company's president Greg Hicks was initially planning to move video lottery machines from a location in Charleston to this location outside of Williamstown as the reason for seeking the variance.

However, commissioners learned of some additional residences that were within the 1,000-foot limit afforded by the county's ordinance as well as some sports fields.

"We have been notified that there is a ball field by it that is utilized by youth sports and recreation," Commission President Blair Couch said.

Commissioner Jimmy Colombo said the fields were never mentioned in the original presentation when the commission first considered the variance.

Officials said Wood County Compliance Officer Sarah Robinson already said she made the oversight on the matter.

Residents and other interested parties appeared last week and again Monday to speak out against the variance and to encourage the commission to reconsider.

Commissioners said they received a petition with 169 signatures wanting the matter reconsidered.

Boaz resident Jay Stevens spoke about the importance of this matter to the people in the area and along Waverly Road. The people in the area love it and the people who live on Waverly Road do so to be close to Williamstown.

"There are so many things about this variance that feels wrong," Stevens said.

The proposed business' distance to Williamstown, other gambling establishments, people's homes made it feel like some concerns were overlooked as well as access to the property, available parking and more.

"It feels like it would put people at risk and violate multiple ordinances," Stevens said.

He was disappointed with the "compliancy" in the initial granting of the variance without considering how it would affect people in the immediate area. He wants to see the commission change the ordinance so situations like this one can be better handled in the future with guidelines that better serve the public in such matters.

Attorney Bill Merriman, representing A1 Amusement -- a competitor of Hick's -- spoke out against the variance. He said the company he represents when considering such an establishment does not come before the commission or any government agency for a variance. Instead, they use existing rules and laws in place.

Merriman did not think the county's ordinance meets "constitutional muster" in granting a variance that not only affects the property rights of the business in question, but also the surrounding residents and their property values.

"When it does that, it requires notice," he said.

He asked the commission to deny the variance, issue a temporary moratorium on any gambling facility in the county to give the commission the chance to review its regulations and possibly make changes so this won't happen again and people can have proper notice.

Waverly Road resident Andrea Stewart said she spoke to a local legislator and there is a bill in the legislature that would require such notification if it is passed.

Colombo added that they need to be able to address these type of matters.

Waverly road residents Fred and Pam Cannon have seen multiple wrecks along Waverly Road and said there are river lots nearby that have people throughout the warm weather seasons that might utilize this business, there is racing that occurs on local roadways at night and such a business would add to some of those problems.

Others brought up how the state seems to become more reliant on gambling as a means to create jobs and revenue with a number of establishments already in the area. Others wanted a process in place where these kinds of concerns and objections are raised before a variance is considered.

Couch said these matters "don't happen on an island."

In his 14 years on commission there have been 20 requests for variances.

"In that time no one showed up before, after or during," Couch said of the hearings the commission usually conducts. "This is a rare occurrence to have a public outcry.

"We don't get a lot of people who are upset about these."

Once the commission voted to rescind the variance, many of the residents in attendance applauded.

Contact Brett Dunlap at bdunlap@newsandsentinel.com