February 17, 2009




Ward 6

Calendar No. 09-6:

          2239 East 95th  Street         

Mamie Mitchell



4 Notices

Cleveland Green Homes East LPI, owner, appeal to erect a 14’ x 20’ one-story detached garage on a 39’ x 70.30’ parcel in a Two-Family District; contrary to Section 337.14 a distance of 8 feet is provided and no parking space shall be located within 10 feet of a building with ground floor windows; and a minimum distance of 18 inches from all property lines is required and none is provided from the rear property line, contrary to Section 337.23(a) of the Codified Ordinances.  
(Filed 1-15-09)



Ward 17

Calendar No. 09-7:

       2122-24 West 73rd Street     

Matthew Zone



15 Notices

George Smee, owner, appeals to change from a legal nonconforming service station to auto repair use an existing building on an irregular shaped corner lot in a Local Retail Business District; subject to Section 359.01, the substitution of nonconforming use requires the Board of Zoning Appeals approval; the proposed change not permitted in a Local Retail District, the site conditions and use as a service station previously granted in Board of Zoning Appeals Calendar No. 52-765 for driveway size (a maximum 30 foot driveway is permitted), a lack of frontage landscape strip (a 6 foot landscaped strip required where the parking lot meets the street); a buffer transition landscape strip (a 10 foot landscape strip required along the rear property line); and striping for parking (striping and bumper guards required for parking spaces).  (Filed 1-23-09)



Ward 5

Calendar No. 09-8:

           7026 Kinsman Road

Phyllis Cleveland



13 Notices

Cuyahoga Metropolitan Housing Authority, owner, appeal to construct 20 new townhouses on acreage in a Multi-Family District; contrary to the Area and Yard Regulations in an RA-3 (Residential Attached) District, a 16 foot rear yard is proposed at the southeast corner of the project where it abuts a Two-Family District and 20 feet is required according to Section 337.031(g) of the Codified Ordinances.  
(Filed 1-27-09)



Ward 3

Calendar No. 09-9:

          12222 Soika Avenue

Zachary Reed



12 Notices

AKM Property Management LLC and Abdul Muhammad, owner, appeal to change from a retail store to a barber shop and carry out restaurant the use of an existing one-story building on a 45’ x 125.25’ corner parcel located in a Local Retail Business District; the proposed change being subject to the requirements of Yards and Courts Regulations and Sections 357.04, 357.05 and 357.14, that prohibit the parking of motor vehicles within the front yard and side street yard setback; and  under the provisions of Sections 352.09 and 352.11, a dumpster enclosure within the required 8 foot transition strip is not permitted, according to the Landscaping and Screening requirements of the Codified Ordinances.  (Filed 1-28-09)




Ward 1

Calendar No. 08-236:

         4120 Lee Road

Terrell Pruitt



21 Notices

Sherry Wingfield, owner, and Eddie Adya, prospective purchaser appeal to construct a new restaurant on a 40’ x 135’ parcel in a General Retail Business District at the northwest corner of Lee Road and Judson Drive; and a driveway access to the property is contrary to Section 343.18(c), being located less than 15 feet between the point of tangency of the driveway apron radius and a prolongation of the property line to the curb line measured at the curb line; and subject to Section 357.07, motor vehicle parking is prohibited within the 50 foot specific building line front yard setback measured from the center line of Lee Road; and an open 24 hours drive through for retail sales that abuts a residential use shall be prohibited from 11:00 PM to 6:00 AM daily and conform to the applicable requirements of Section 347.16(g)(6) and its other divisions concerning regulations for location and operation of drive through establishments; and an 8 foot high fence is proposed along the west property line, contrary to Section 358.05(a)(2) that states fences in actual front and side street yards shall not exceed a 4 foot height and shall be at least 50 percent open above 2 feet in height and that fences in actual rear and interior side yards shall not exceed a 6 foot  height. (Filed 12-18-08; testimony taken.)

First postponement requested by the Councilman for additional review of the proposed plan and a meeting with the neighboring community about the project.




Ward 16

Calendar No. 08-220:

          4965 Broadview Road

Kevin Kelley



8 Notices

CSX Railroad, owner, and CBS Outdoor and Tim Keaton, tenant, appeal to install automatic changeable copy signs on an existing 14’ x 48’ and 70 foot high billboard, located an acreage in a General Industry District; and under the provisions of Section 350.10(j) a billboard is permitted in general industry zoning and can only be illuminated by means of continuous reflected light; automatic changeable copy signs are not permitted. (Filed 12-4-08; no testimony taken.)

First postponement requested by applicants’ counsel due to a scheduling conflict.


           Violation Notice

Ward 16

Calendar No. 08-205:

      4965 Broadview Road

Kevin Kelley




CSX Railroad, owner, and CBS Outdoor and Tim Keaton, tenant, appeal from a Notice of Violation issued by the Building and Housing Department on October 10, 2008 for failure to comply with the provisions of Section 350.10(j) of the Codified Ordinances.  (Filed 11-12-08; no testimony taken.)

Second postponement requested by the City Council elected official.



Ward 14

Calendar No. 08-214:

       2012 West 25th Street

Joseph Santiago



 18 Notices

United Twenty-Fifth Building LLC, owner, appeals for a change of use from office to office and apartments a 9-story building located on a 118.17’ x 239.96’ parcel in a General Retail Business District at 2012 West 25th Street; contrary to Section 355.04, a maximum lot overage area of 126,617 square feet is proposed and 42,480 square feet is permitted; and contrary to Section 357.04(a) no front yard is proposed and 30 feet is required; and under Section 357.08(b)(2) a 20 foot rear yard is required where none is proposed; and all 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 12-2-08; testimony taken.)
Second postponement requested by applicants’ architect to allow for presentation of the plan to the local design review committee.