BOARD OF ZONING APPEALS
December 3, 2007

 

9:30   Ward 4
Calendar No. 07-222:        2856 Woodhill Road Kenneth Johnson
    9 Notices

Dennis Cleaning Company LLC, owner, and Starr Dickson, tenant, appeal to change use from a lounge to a day care center an existing two-story building on a 32.32’ x 121.21’ corner parcel, located in a Multi-Family District on the northwest corner of Woodhill Road and Kolar Avenue at 2856 Woodhill Road; and no expansion or change of an existing nonconforming use shall be permitted except as a variance under the terms of Chapter 329, and no substitution or other change in such nonconforming use to other than a conforming use shall be permitted 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 Section 359.01(a) of the Codified Ordinances. (Filed 10-31-07)




9:30
  Ward 10
Calendar No. 07-225:        1145 Galewood Drive  Roosevelt Coats
    19 Notices

Cleveland Home Repair, owner, and Georgiann Fenderson, tenant, appeal for expansion of office and storage use to include a community center and factory, proposed to be on a consolidated parcel and in a two-story building, located in split zoning between a Local Retail Business District and a General Industry District on the west side of Galewood Drive at 1145 Galewood Drive; subject to the limitations of Section 337.03 and 337.08, the use for storage, a community center and factory are not permitted in a Local Retail District, a factory being first permitted in a Semi Industry District; and the Separation Standards of Sections 343.11(b)(2)(L) require that a social, sport or recreation center operated as a business is not be permitted within 500 feet of a residential district or a day care center, a school, public library, church, playground, public or nonprofit recreation center or community center and contrary to Sections 347.12(a)(1), a 100 foot distance is provided from a residential district; with no off-street parking provided, contrary to Section 349 and an off-street parking requirement of 212 spaces; and the expansion of a nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances.   (Filed 11-6-07)




9:30
  Ward 15
Calendar No. 07-229:        3920 Valley Road Brian Cummins
    12 Notices

Leo Margo, owner, appeals to establish use as an auto wrecking and dismantling yard and storage of auto parts on an 80’ x 120’ parcel located in a Semi-Industry District on the north side of Valley Road at 3920 Valley Road; subject to the limitations of Section 345.03(c), the proposed use is not permitted in a Semi-Industry District and contrary to Section 345.04(a)(4 ), a square foot area of 24,000 square feet is proposed and an auto wrecking and dismantling use requires a minimum square foot area of 50,000 square feet; and contrary to Section 349.07(c), a 64 foot driveway width is proposed for access to off-street parking spaces with backing out into oncoming street traffic, and a 30 foot width is the limit of a driveway width that shall be located and arranged to minimize traffic congestion; and a 6 foot wide frontage landscape strip is required for screening of parking spaces from the street, according to the provisions of Sections 352.08 through 352.11 of the Codified Ordinances. (Filed 11-8-07)




9:30
  Ward 8
Calendar No. 07-234:      9609 Garfield  Avenue Sabra Pierce Scott
    6 Notices

Linda Robinson, owner, appeals to erect a 2’ x 12’-8” kitchen addition to a one family dwelling house, situated on a 36’ x 194.71’ parcel located in a Two-Family District on the north side of Garfield Avenue at 9609 Garfield Avenue; a 1’-5” interior side yard is proposed contrary to the minimum requirement of 3 feet for an interior side yard, as stated in Section 357.09(2)(B) of the Codified Ordinances.  (Filed 11-14-07)




9:30
  Ward 20
Calendar No. 07-238:     4679 West 146th Street Martin Sweeney
    2 Notices

David and Kelly Gaum, owners, appeal to erect a 10’ x 7’ metal shed on a 40’ x 123.11’ parcel located in a One-Family District on the east side of West 146th Street at 4679 West 146th Street; and a distance of 12 inches is provided, contrary to the minimum requirement of 18 inches from the property line, as stated in Section 337.23(a) of the Codified Ordinances.  (Filed 11-16-07)

POSTPONED FROM OCTOBER 22, 2007


10:30
  Ward 10
Calendar No. 07-198:    729-731 East 152nd Street Roosevelt Coats
    9 Notices

Virtuous Counseling LLC, owner, and Avery Hill, agent, appeal to change from storage of reusable building materials to an assembly hall, the use of an existing one-story brick building, situated on a 50’ x 160’ parcel located in a General Retail Business District at 729-731 East 152nd Street; subject to Section 347.12(a(1) and the regulations for separation of specific uses, an assembly hall shall not be established within 500 feet of a residential district and the proposed use abuts a Two Family District; with approximately 10 off-street parking spaces proposed and 90 are required, determined upon 1,800 square feet  for patron use, and each 20 square feet of ground or floor area usable for seating considered as 1 seat, according to Section 349.04(c) of the Codified Ordinances. (Filed 9-21-07; testimony taken.)

First postponement granted for applicants to consult with the local development corporation and the Councilman regarding the proposal and to possibly resolve the parking deficiency.                    

POSTPONED FROM NOVEMBER 5, 2007


10:30
  Ward 14
Calendar No. 07-211:        3570-74 Fulton Road         Joseph Santiago
    20 Notices

Liviu Uleia, owner, and Pedro Melendez, lessee, appeal to establish use as a body piercing/tattoo operation in an existing two-story building located in a General Retail Business District on the west side of Fulton Road at 3570-74 Fulton Road; where tattooing and body piercing uses shall not be established within 1,000 feet of a residence district nor a public library and the proposed use is abutting a residential district and is within 500 feet of the a Cleveland Public Library at 3545 Fulton Road and contrary to Section 347.12(b) of the Codified Ordinances. (Filed 10-17-07 testimony taken.)

First postponement granted for the Councilman to allow for additional review and community dialogue regarding the applicants’ proposal.