BOARD OF ZONING APPEALS
August 13, 2007

 

9:30   Ward 6
Calendar No. 07-127:     2041 East 125th Street –Unit 1 Patricia Britt
    10 Notices

Valley Ridge Contracting LLC, owner, appeals to erect a 20’ x 50’ three-story frame, single family townhouse, proposed to be situated on a 27’ x 73’ parcel located in a Multi-Family District on the east side of East 125th Street at 2041 East 125th Street; subject to the provisions of Section 327.02(e), the location of front yard lines and side street yard lines shall be checked and approved by the Division of Engineering and Construction, and pursuant to Section 349.07(c) access to accessory parking shall be located and arranged to minimize traffic congestion.  Contrary to Section 353.01, a building height of 42 feet is provided where 35 feet is the height limit allowed; and a maximum gross floor area of 1,734 square feet is contrary to fifty percent of the lot size or 867 square feet, with a lot width of 18.50 feet provided where 40 feet is required, and a minimum lot area of 1,723 square feet where 4,800 square feet is required by the provisions of Section 355.04; and contrary to Sections 357.09(b)(2) and (a)(2), no interior side yard is provided, where a 3 foot minimum and a 10 foot aggregate for both side yards are required, and there’s zero distance provided where 10 feet is required from a main building on an adjoining lot within a residence district; and a 7.8’ fence (a 6 foot wall plus 1 foot 8 inch fence) is provided where fences in a front yard shall not exceed a 4 foot height and be at least fifty percent open, as stated in Section 358.04(a) of the Codified Ordnances. (Filed 7-3-07)




9:30
   
Calendar No. 07-127:     2041 East 125th Street –Unit 2 Ward 6

Valley Ridge Contracting LLC, owner, appeals to erect a 20’ x 50’ three-story frame, single family townhouse, proposed to be situated on a 24’ x 73’ parcel located in a Multi-Family District on the east side of East 125th Street at 2041 East 125th Street; subject to the provisions of Section 327.02(e), the location of front yard lines and side street yard lines shall be checked and approved by the Division of Engineering and Construction, and pursuant to Section 349.07(c) access to accessory parking shall be located and arranged to minimize traffic congestion.  Contrary to Section 353.01, a building height of 42 feet is provided where 35 feet is the height limit allowed; and a maximum gross floor area of 1,652 square feet is contrary to fifty percent of the lot size or 826 square feet, with a lot width of 18.50 feet provided where 40 feet is required, and a minimum lot area of 1,634 square feet where 4,800 square feet is required under the provisions of Section 355.04; and contrary to Sections 357.09(b)(2) and (a)(2), no interior side yard is provided where a 3 foot minimum and a 10 foot aggregate for both side yards are required, and there’s zero distance provided where 10 feet is required from a main building on an adjoining lot within a residence district; and a 7.8’ fence (a 6 foot wall plus 1 foot 8 inch fence) is provided where fences in a front yard shall not exceed a 4 foot height and be at least fifty percent open, as stated in Section 358.04(a) of the Codified Ordnances. (Filed 7-3-07) 




9:30
  Ward 6
Calendar No. 07-128:   2041 East 125th Street –Unit 3 Patricia Britt
    10 Notices

Valley Ridge Contracting LLC, owner, appeals to erect a 20’ x 52’ three-story frame, single family townhouse, proposed to be situated on a 50’ x 77’ parcel located in a Multi-Family District on the east side of East 125th Street at 2041 East 125th Street; subject to the provisions of Section 327.02(e), the location of front yard lines and side street yard lines shall be checked and approved by the Division of Engineering and Construction, and under Section 329.04(c)(1) the Board of Zoning Appeals is limited in authority to grant front setback variances; and subject to the provisions of Section 337.23(a), all accessory parking spaces shall be located on the rear half of the lot with access to accessory parking located and arranged to minimize traffic congestion according to Section 349.07(c).  Contrary to Section 353.01, a building height of 43.4 feet is provided where 35 feet is the height limit allowed; and a maximum gross floor area of 2,580 square feet is contrary to fifty percent of the lot size or  2,071 square feet and a minimum lot area of 4,142 square feet is provided where 4,800 square feet is required under the provisions of Section 355.04; and contrary to Section 357.04 a front yard setback of 9.4 feet is provided where the requirement of fifteen percent of the lot depth equals 11.5 feet; and contrary to 357.09(b)(2) no interior side yard is provided where a 3 foot minimum is required; and subject to the limitations of  Section 357.13, parking in the required front yard is not a permitted encroachment; and contrary to Section 357.15(a), a distance of 36.4 feet is provided where a 40 foot distance is required between a main building and a rear building; and a fence along the rear and interior side yard exceeds the height limitations according to Section 358.04(a) of the Codified Ordinances.  (Filed 7-3-07)


9:30   Ward 17
Calendar No. 07-131: 1956-1962 West 58th Street –Unit 1 Matthew Zone
    12 Notices

Evergreen Housing Corporation, owner, appeals to erect a two-story frame, single family dwelling with a detached garage, proposed to be situated on a 40’ x 80’ corner parcel in a Two-Family District on the northwest corner of West 58th Street and Pear Avenue at 5810 Pear Avenue; a minimum lot area of 3,200 square feet is provided where 4,800 square feet is required, as stated under Section 355.04(b) of the Area Regulations of the Codified Ordinances.  (Filed 7-10-07)




9:30
  Ward 17
Calendar No. 07-132:  1956-1962 West 58th Street –Unit 2 Matthew Zone
    12 Notices

Evergreen Housing Corporation, owner, appeals to erect a two-story frame, single family dwelling and a detached garage, proposed to be situated on a 45’ x 80’ corner parcel in a Two-Family District on the northwest corner of West 58th Street and Pear Avenue at 5806 Pear Avenue; contrary to Section 355.04(b) a minimum lot area of 3,600 square feet is provided and 4,800 square feet is required; and a 9 foot distance is provided where the minimum distance from the adjacent property may not be less than 15 feet according to the provisions of Section 353.05 of the Codified Ordinances.




9:30
   
Calendar No. 07-133: 1956-1962 West 58th Street –Unit 3 Ward 17
     

Evergreen Housing Corporation, owner, appeals to erect a two-story frame, single family dwelling and a detached garage, proposed to be situated on a 45’ x 80’ corner parcel in a Two-Family District on the northwest corner of West 58th Street and Pear Avenue at 5802 Pear Avenue; contrary to Section 355.04(b) a minimum lot area of 3,200 square feet is provided and 4,800 square feet is required; and on the rear third of a corner lot in a Residence District, the building line on the rear third of the corner lot shall not be less than 15 feet back from the side street line, as stated in Section 357.05(b)(1) of the Codified Ordinances. (Filed 7-10-07)




9:30
  Ward 18
Calendar No. 07-136:          11001 Edgewater Drive Jay Westbrook
    6 Notices

George Katsikas, owner, appeals to erect a 6 foot high masonry wall and fence along a portion of the side street yard and front yard of an 84.5’ x 200’ corner parcel located in a AA1 Limited One-Family District on the northwest corner of Edgewater Drive and West 110th Street at 11001 Edgewater Drive; contrary to the Fence Regulations, the proposed 6 foot solid fence exceeds the height limit of 4 feet and is not at least fifty percent open, as required according to Section 358.04(a) of the Codified Ordinances. (Filed 7-13-07)




9:30
  Ward 14
Calendar No. 07-137:            3402 Horace Court Joseph Santiago
    2 Notices

Hector Cruze, owner, appeals to renovate an existing one family dwelling, situated on a 32’ x 38.37’ parcel located in a Two-Family District on the north side of Horace Court at 3402 Horace Court; contrary to Section 357.08(b)(1) a rear yard of 3 feet is provided where the required rear yard is 20 feet; and an air conditioning unit  is not a permitted side yard encroachment under the provisions of Section 357.13; and a minimum of 3 feet is the required width for an interior side yard, as stated in Section 357.09(2)B of the Codified Ordinances. (Filed 7-16-07)

POSTPONED FROM JULY 16, 2007



10:30
        Violation Notice Ward 20
Calendar No. 07-71:   4500 West 130th Street Martin Sweeney

Gary Weiss aka B.M.W. Realty Company, Inc. and Joseph Valore appeal under the authority of Section 76-6 of the Cleveland City Charter and Section 329.02(d) of the Codified Ordinances from a Notice of Violation issued by the Building and Housing Department on April 16, 2007 for unauthorized use, according to the provisions of Section 327.02(c) of the Codified Ordinances. (Filed 5-8-07; no testimony taken.)



10:30
          Violation Notice Ward 20
Calendar No. 07-72:    4542 West 130th Street  

Gary Weiss aka B.M.W. Realty Company, Inc. and Joseph Valore appeal under the authority of Section 76-6 of the Cleveland City Charter and Section 329.02(d) of the Codified Ordinances from a Notice of Violation issued by the Building and Housing Department on April 16, 2007 for unauthorized use, according to the provisions of Section 327.02(c) of the Codified Ordinances. (Filed 5-8-07; no testimony taken.)
Second postponement granted to allow appellant time to meet with Building and Housing to resolve or possibly remedy the nonconformance issues.                          

POSTPONED FROM JULY 2, 2007



10:30
  Ward 14
Calendar No. 07-85:           2906 Fulton Road      Joseph Santiago
    19 Notices

Caribe Development Company, owner and Luis Burgos, appeal to erect a 5,200 square foot, one-story retail building, proposed to be situated on a 75.42’ x 55’ corner parcel located in a Local Retail Business District on the northwest corner of Fulton Road and Seymour Avenue at 2906 Fulton Road; contrary to Section 357.05(b)(1), a 5’ side street setback line is proposed on the rear third of the corner lot and in a Local Retail District, where the rear lot line abuts a residence district, the building line shall not be less than 10’ back from the side street line; and subject to the limitations of Section 357.13, parking in the required front yard is not a  permitted encroachment; and a 6’ fence height is proposed in the side street yard, where a fence may not exceed a 4’ height as stated in Section 358.05(a)(2) of the Codified Ordinances. (Filed 5-18-07; no testimony taken.)

First postponement requested by appellants’ architect for clarification on property ownership.