FAIRMONT — A consultation with the city’s interim civil attorney paved the way for a rezoning application on Lake Avenue, a process that received a green light from the Fairmont Planning Commission on Tuesday.

Adam Garbers, owner of Fairmont National Insurance, purchased the building at 924 Lake Ave. from Midcontinent, with plans to remodel and renovate the structure for a business office. During an inspection, city building officials alerted him that the property was in a heavy industrial zone, which does not allow a business office as a permitted or conditional use, so Garbers applied to have the property rezoned to a general business district.

Peter Bode, Fairmont planner/code enforcer, developed several options for the commission to consider. On Tuesday morning, Bode was joined by Troy Nemmers, acting city attorney; Tom Hawkins, Fairmont City Council liaison to the Planning Commission; and Jon Omvig, Planning Commission member, on a conference call with Flaherty & Hood, the city’s interim civil counsel.

“Counsel stated after review that it would be possible to rezone the property without first amending the Comprehensive (Land Use) Plan,” Bode told the commission. The opinion streamlined and expedited the rezoning process.

The attorneys determined that although City Code requires the Planning Commission to give due consideration to the land use plan when rezoning, it is not required. There also has been frequent precedent in the city not to require amending the land use plan before rezoning.

Bode said the legal opinion made rezoning “much more feasible” and proposed that the commission hold a public hearing and vote on the rezoning at its Jan. 7 meeting. If the application is approved, it would move to the City Council for another public hearing and final vote.

Hawkins offered his support for the rezoning.

“Generally, everything out there now is being used as general business,” he said, adding that overall zoning in the area should be corrected in the long term. “It’s an industrial zone now, but there’s even four homes near the property.

Hawkins noted that Garbers’ property is in a small pocket of land that is zoned for heavy industry, but the land west of the property and across the road is all zoned general business. He surmised that when the parcel was originally zoned, there was some type of existing industry on the property that required a heavy industrial zone.

“The attorney told us that it’s a big enough area so it wouldn’t be improper to make an exception like this because the land being used around it is not consistent with how it is zoned,” Hawkins said. “Even though it’s slightly unusual, it’s not unprecedented. It makes sense to make this exception so they can get going with their project.”

Nemmers asked commissioners to consider how they see the Lake Avenue corridor being used.

“Our feeling is that it’s likely going to be some sort of business,” he said. “There’s just not a lot of space there for any type of big industry to move in. It makes sense that this is one step in moving that corridor to a business zone.”

Bode noted that the strip had not been an area of study for the Comprehensive Land Use Plan Committee.

“But this certainly brings up cause to do so,” he said.

The commission set a public hearing on the rezoning for its Jan. 7 meeting when Bode will present a complete analysis of the proposal.

In another matter, the Planning Commission unanimously approved a home occupation permit for Heather Gilderhus for a beauty salon at 411 Webster St.