Eugene J. Giammarco, owner, and Sherry Perry, tenant, appeal to install a 15’ x 13’ patio enclosed by a fence with three brick pillars in front of a building on the northwest corner of Denison Avenue and West 39th Street at 3908 Denison Avenue (aka 3902 Denison) in a Local Retail Business District; contrary to Section 357.13 of the Zoning Code, which prohibits a patio in the required 15’ front yard setback, and contrary to Section 349.04(f), which requires one off-street parking space per employee, plus one space for each 100 square feet of floor area devoted exclusively to patron use or one space for each four seats based on maximum seating capacity, whichever is greater. (Filed 8-5-08).
Sheryl Parks, owner, appeals to change the use of a 60’ x 151’ irregularly shaped property in a mid-block location on the south side of Malden Road at 2412 Malden Road in a Single-Family Residential District from a single family house to a day care center for 12 children; contrary to Section 337.02(f)(3)C of the Zoning Code, which requires that day care use in a Residential District be located no less than 30 feet from an adjoining premises in a Residential District not used for a similar purpose and requires review and approval of the Board of Zoning Appeals for adequate yard spaces, safeguards to preserve the character of the neighborhood, and to determine if such building and use is appropriately located and designed to meet a community need without adversely affecting the neighborhood . (Filed 8-6-08)
Malikah Joseph, owner and occupant, appeals to expand the use of a single-family dwelling on a 40’ x 107’ parcel in a mid-block location at 12613 Beachwood Avenue in a One-Family District to include a “Type A” day care center (permitting care of 7-12 children); contrary to Section 337.02(f)(3)C of the Zoning Code, which requires that day care use in a Residential District be located no less than 30 feet from an adjoining premises in a Residential District not used for a similar purpose and requires review and approval of the Board of Zoning Appeals for adequate yard spaces, safeguards to preserve the character of the neighborhood, and to determine if such building and use is appropriately located and designed to meet a community need without adversely affecting the neighborhood . (Filed 8-13-08). POSTPONED FROM AUGUST 4, 2008
Jimmie Poole, owner, appeals for a change of use from office and one dwelling unit to a day care for after school activities for 15 children ages 5 to 15 years an existing mixed use building on an irregular shaped parcel located in a Local Retail Business District at 15606 St. Clair Avenue; contrary to Section 357.07 three parking spaces are within the front setback and a 10 foot wide specific setback is required; no transition strip is proposed, contrary to the requirement of Section 352.09 for an 8 foot wide transition strip at the rear of the lot where it abuts a Two-Family District; and accessory off-street parking spaces shall be provided with wheel or bumper guards as stated in Section 349.07(b) of the Codified Ordinances. (Filed 4-29-08; testimony taken.) POSTPONED FROM AUGUST 11, 2008
John Farrier, owner, appeals to replace and extend the front porch of a house on the north side of Fir Avenue, just east of West 61st, Street in a Two-Family District; contrary to Section 357.13(b)(4), which does not permit open front porches to project more than 6 feet into a required front yard, whereas a 12-foot projection is proposed, and does not permit a front porch that aggregates a vertical area in any story more than twenty percent of the area of the facade in that story.
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