October 5, 2009




Ward 16

Calendar No. 09-179:

          5108 Behrwald Avenue

Kevin Kelley



15 Notices

Jeffrey Rhodes, owner, appeals to erect a 31-foot tall wind turbine on a 50’ x 120’ parcel in a Two-Family District; contrary to Section 354A.04b(2) and yard space requirements, 7 feet is provided where a distance of 15 feet is required from all property lines; and subject to 354A.05(E) in the Cleveland Codified Ordinances, the noise of a turbine shall not exceed 50 decibels and no decibel level information is provided. (Filed 8-31-09)



Ward 10

Calendar No. 09-180:

            13625 St. Clair Avenue

Eugene Miller



11 Notices

Norm Kirchner, owner, appeals to establish use as a “motor vehicle garage” pursuant to Cleveland Codified Ordinance 325.487 and “doing motor vehicle minor repair” pursuant to Cleveland Codified Ordinance 325.483 in an existing one-story building, located on an 84.20’ x 120’ corner parcel in a Local Retail Business District; subject to the limitations of Section 343.01 the proposed use is not permitted and first permitted in a General Retail Business District and minor vehicle repair pursuant to 325.483 is first permitted in a General Retail District; no landscaping is proposed contrary to Section 352.10 and a 6-foot wide landscape strip at the frontage where parking on the lot abuts St. Clair Avenue and Ashburton Road.  (Filed 9-2-09)



Ward 20

Calendar No. 09-181:

             4460 West 143rd Street

Martin Sweeney



7 Notices

JADAM LLC, owner, appeals to construct a parking lot for 11 spaces on a 65’ x 90.64’ parcel in a Two-Family District; subject to the limitations of Section 337.03 the parking lot is not permitted and first permitted in a Local Retail Business District with conditions as defined in Section 349.13(c):
1)         parking shall be used only by employees, customers or guests of person       or firm responsible for parking lot maintenance;
2)         no charge is to be made for parking on the lot;
3)         the lot is not to be used for sales, repair work or service of any kind;
4)         entrance to and exit from the lot are located so as to do the least harm         to the residence district;
5)         no advertising sign or material is to be located on the lot;
6)         all parking is to be kept back of the setback building line by barrier unless specifically authorized otherwise by the Board;
7)         parking lot and driveway are to be adequately screened according to            code; and no landscape strip is shown where a 6-foot wide landscaped strip is required along the lot line that abuts West 143rd Street, according to Section 352.10 in the Cleveland Codified Ordinances. (Filed 9-3-09)


          C. D. Whitfield Co., LLC


Calendar No. 09-182:

Appeal Office of Equal Opportunity Decision


The C. D. Whitfield Company, LLC appeals under the authority of Section 76-6 of Charter of the City of Cleveland from a finding of noncompliance determined by the Mayor’s Office of Equal Opportunity from an appeal hearing regarding failure to meet the resident employment requirements under the Fannie Lewis Residence Law, (City of Cleveland Codified Ordnances, Chapter #188), for City Contract No. 68163.  (Filed 9-4-09)



Ward 20

Calendar No. 09-183:

      3765 West 140th Street  

Martin Sweeney



4 Notices

Robert Barbiaux, owner, appeals to erect a 24’ x 24’ one-story frame, gable garage on an 80’ x 150’ parcel in a Two-Family District; contrary to Section 337.23(a) the accessory garage would be located at 43 feet and not on the rear half of the lot at 75 feet; and the existing nonconforming use dwelling requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Cleveland Codified Ordinances.
(Filed 9-4-09)




Ward 1

Calendar No. 09-149:

    14201 Harvard Avenue            

Terrell Pruitt



10 Notices

Ellard Kinney, owner, appeals to expand the use of an existing restaurant/tavern to accommodate a patio within the front yard of a 50’ x 125’ parcel in a General Retail Business District; nonconforming to Section 349.04(f) and a requirement for four (4) additional, accessory off-street parking spaces, based upon one for each employee plus one for each 100 square feet of floor area devoted to patron use; and in the provisions of Section 357.13, a restaurant/patio is not a permitted front yard encroachment nor is parking in the required 10 foot setback a permitted front yard encroachment. (Filed 7-17-09; no testimony taken.)

First postponement requested by the Councilman for additional information about the plan and to have community input.




Ward 2

Calendar No. 09-164:

  4098-4100 East 78th Street

Nathaniel Wilkes



18 Notices

Rodney Spates, owner, appeals to establish use as an adult group home/adult care facility for 12 physically and mentally disabled adults in an existing two story dwelling on a 66’ x 260’ parcel located in split zoning between Two-Family and Semi-Industry Districts; contrary to Sections 337.03(b) and 337.02(f)(3)(D), the use is approximately 15 feet from an adjoining premises and it must be not less than 30 feet from any adjoining premises in a residential district not used for a similar purpose; there are 3 to 4 parking spaces provided while 6 accessory off-street parking spaces are required, calculated at the rate of one space for each employee plus one for each 6 beds, determined according to Section 349.04(d) of the Cleveland Codified Ordinances.  (Filed 8-3-09; testimony taken.)

First postponement granted at request of Union Miles Development Corporation for time to organize a community meeting about the proposed plan.