BOARD OF ZONING APPEALS
February 25, 2008

 

9:30   Ward 13
Calendar No. 08-19:        1852 Columbus  Road Joe Cimperman
    4 Notices

Eighteen Fifty Properties, owner, and James Hayes appeal to change from manufacturing to a restaurant use the building and property located in a General Industry District on the northwest corner of Columbus Road and Merwin Avenue at 1852 Columbus Road; the proposed use requiring eighteen parking spaces, determined at the rate of one space for each employee, plus one space for each four seats, based upon the maximum seating capacity, and none are proposed contrary to Section 349.04(f) of the Codified Ordnances.  (Filed 2-3-08)



9:30 Appeal from Nuisance Abatement Ward 11
Calendar No. 08-20:         16608 Westfield Avenue Michael Polensek

David Sims appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and Section 329.02(d) of the Cleveland Codified Ordinances from the nuisance abatement fees assessed by the Cleveland Division of Parks Maintenance  for property located at 16608 Westfield Avenue and identified as Permanent Parcel Number 116-22-034. (Filed 2-4-08)



9:30   Ward 11
Calendar No. 08-24:         815 Whitcomb Road Michael Polensek
    8 Notices

Haskell Orr, owner, appeals to establish use as a Type A day care in an existing single family residence, located in a B1 Two-Family District on a 42’ x 150’ parcel at 815 Whitcomb Road; subject to the limitations of Section 337.03 and by reference, regulated in Section 337.02(f)(3)(c), the proposed use as a Type A day care is less than 30 feet from an adjoining premises in a residence district and is subject to the Board of Zoning Appeals approval, according to the provisions of the Cleveland Codified Ordinances.  (Filed 2-4-08)

POSTPONED FROM DECEMBER 31, 2007

10:30 Appeal of North Coast Public Communications Ward 10
Calendar No. 07-196: 17801 Euclid Avenue Roosevelt Coats

North Coast Public Communications and Howard Meister appeal under Section 76-6 of the Charter of the City of Cleveland and Section 329.02(d) of the Cleveland Codified Ordinances from an order issued by the Commissioner of Assessments and Licenses to remove a pay phone, located on private property at 17801 Euclid Avenue that has been determined as a nuisance by the Department of Public Safety. (Filed 9-19-07; no testimony taken




10:30
Appeal of Clevephones, Inc.  
Calendar No. 07-197: 16404 Euclid Avenue-   Permit # 75 Ward 10
  16601 Euclid Avenue-   Permit # 108 Roosevelt Coats
  17229 Euclid Avenue-   Permit # 89  
  18121 Euclid Avenue-   Permit # 109  
  3135   Lorain Avenue-   Permit # 133 Ward 14
  2626   West 41st Street- Permit # 78 Joseph Santiago

Clevephones, Inc. and Howard Meister appeal under Section 76-6 of the Charter of the City of Cleveland and Section 329.02(d) of the Cleveland Codified Ordinances from an order issued by the Commissioner of Assessments and Licenses to remove multiple payphones that have been determined to be a nuisance by the Department of Public Safety.  (Filed 9-19-07; no testimony taken.)

Second postponement requested by counsel for the City for the reasons that all of the City witnesses subpoenaed by the appellant would not be available and additional supporting records sought by the appellant had not yet been compiled or produced.

POSTPONED FROM JANUARY 14, 2008



10:30
  Ward 9
Calendar No. 07-260:     11333-37 Superior Avenue Kevin Conwell
    9 Notices

Gerald DeBose, owner, appeals to change from stores to a beauty salon and a barber shop the use of an existing one-story commercial building, situated on a 60.40’ x 45.63’ corner parcel located in a Multi-Family District on the northwest corner of Superior Avenue and East 114th Street at 11333-37 Superior Avenue; and no substitution of an existing nonconforming use shall be permitted except as a variance under the terms of Chapter 329.  No substitution nor other change in such nonconforming use to other than a conforming use shall be permitted except by special permit from the Board of Zoning Appeals.  Such special permit may be issued only if the Board finds after public hearing that such change is no more harmful or objectionable than the previous nonconforming use in floor or other space occupied, in volume of trade or production, in kind of goods sold or produced, in daily hours or other period of use, in the type or number of persons to occupy or be attracted to the premises or in any other characteristic of the new use as compared with the previous use, according to Section 359.01(a); and no parking is proposed where a retail service use requires parking at the rate of one space per 500 square feet and four parking spaces are required according to the provisions of Section 349.04(g) of the Codified Ordinances.  (Filed 12-20-07; testimony taken.)

First postponement taken for applicant to provide a detail specific site plan for the proposed use.