Keyatta Williams dba Signature Mortgage, owner, appeals to change use from a store and two dwelling units to an assembly hall proposed to be on consolidated lots in split zoning between Semi-Industry and General Industry Districts; subject to the limitations of Sections 347.12(a)(1) and (2), no assembly use shall be established within 500 feet of a residential district, a day care center, kindergarten, elementary or secondary school, a public library, church, playground, public or nonprofit recreation center or community enter, nor shall such use be established within 500 feet of another one, according to the Cleveland Codified Ordinances. (Filed 5-10-10)
Robert Modic, owner, appeals to expand the use of an existing tavern and restaurant in a one-story building on a 102.67’ x110’ corner lot in a General Industry District with a loading dock located on the sidewalk, contrary to Section 349.17 that requires off-street loading docks to be not less than 50 feet back from the building line along the street on which they face; and off-street parking requirements equal 20 additional spaces, one for each four seats, and none is proposed contrary to Section 349.04(f) of the Cleveland Codified Ordinances. (Filed 5-13-10)
Cleveland Music Settlement, owner, appeals from the limitation of 30 days duration to install a 30’ x 40’ temporary tent for various events that will occur from May 2010 through October 31, 2010, exceeding the restrictions of Section 347.10(a) in the Cleveland Codified Ordinances. (Filed 5-14-10)
Leonzie Smith, owner appeals to change from a service station to a motor vehicle service garage the use of an existing one-story building on an approximate 80’ x 64.30’ corner lot in a Local Retail Business District; subject to limitations of Section 343.01 the proposed change is not permitted and first permitted in a General Retail District as defined in Section 325.483; and provisions in Section 352.10 require a landscape strip 6 feet wide where the parking abuts Superior Avenue and East 92nd Street; and a proposed driveway along Superior Avenue exceeds the allowed maximum width of 30 feet, contrary to Section 349.07(c)(3) of the Cleveland Codified Ordinances. (Filed 5-14-10)
Christopher Allen, owner, and David Kokoruda, tenant, appeal to erect a 5’ x 10’ wheel chair lift in the front yard of a one family dwelling on a 47’ x 126’ parcel in a Two-Family District contrary to the required yard spaces and Section 357.13 of the Cleveland Codified Ordnances. (Filed 5-17-10) POSTPONED FROM APRIL 26, 2010
Delmar Yarbrough, owner, appeals to build an enclosed patio to an existing tavern located on a 58’ x 244’ lot in a Local Retail Business District, and the expansion of an existing nonconforming use as a night club/dance hall within a Local Retail Business District requires the Board of Zoning Appeals approval in accordance with the provisions in Section 359.01(a), that state no expansion, substitution nor other change of an existing nonconforming use shall be permitted except as a variance under the terms of Chapter 329, 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 Cleveland Codified Ordinances. (Filed 3-23-10; no testimony taken.) First postponement mutually requested by appellant, the Councilwoman and Fairfax Renaissance Development Corporation for additional review of the project. POSTPONED FROM MAY 3, 2010
BR116, LLC, owner, and Lynette Franklin, Lessee, appeal to establish a Type A Day Care use for 12 children in a residence located on a 35’ x 125’ parcel in a B1 Two-Family District; contrary to Section 337.03 the use is abutting a premises and it must be a distance of 30 feet from an adjoining premises in a residence district; and a day care use must be approved by the Board of Zoning Appeals, upon public notice and a hearing to determine that adequate yard space and other safeguards to preserve the character of the neighborhood are provided, and if in the judgment of the Board such buildings and uses are appropriately located and designed to meet a community need without adversely affecting the neighborhood, as regulated in Section 337.02(f) of the Cleveland Codified Ordinances. First postponement requested by property owner due to a scheduling conflict. |