BOARD OF ZONING APPEALS
December 20, 2004
 

9:30 Violation Notice Ward 20
Calendar No. 04-300: 3666 West 139th Street Martin Sweeney
     

Judith Muldoon, owner, appeals under Section 76-6 of the Charter of the City of Cleveland and Section 329.02(d) of the Cleveland Codified Ordinances from an order issued by the Deputy Director of the Building and Housing Department to correct a violation of the Fence Regulations for installation of a 6’ high wooden fence atop an 18” base of paving stones, contrary to the fence height requirements of Section 358.04(a) of the Codified Ordinances. (Filed 11-15-04)

                                

 


9:30   Ward 13
Calendar No. 04-301:     1187 Old River Road Joe Cimperman
    19 Notices

 

Richard Droe dba Droe Express System, Inc., owner, and Frank Imhoff, tenant, appeal to change the use of a nightclub in a one-story masonry building to an adult cabaret, situated on an irregular 20’ x 96’ lot located in a General Industry District on the north side of Old River Road at 1187 Old River Road; contrary to Section 347.07(c)(3) of Specific Uses Regulated, the proposed adult cabaret is within the required 1000’ distance from existing adult entertainment uses at 1180 Main Avenue, 1045 Old River Road, and 1273 West 9th Street; it is within 1000’ of a billiard hall at 1148 Main Avenue, contrary to Section 347.07(c)(4); and it is within the required 1000’ distance from a public park, Settler’s Landing Park on Old River Road, contrary to Section 347.07(c)(5) of the Codified Ordinances. (Filed 11-10-04)

 


9:30   Ward 3
Calendar No. 04-302: 3816 East 153rd Street    Zachary Reed
    5 Notices

 

Roosevelt Taylor, owner, appeals to convert an existing single family dwelling to a two family dwelling situated on a 40’ x 133’ lot in an A1 One-Family District, located on the west side of East 153rd Street at 3816 East 153rd Street; subject to the limitations of Section 337.02, a two family dwelling is first permitted in a Two-Family District under Section 337.03; and contrary to the provisions for Area Requirements, a two family dwelling requires a minimum lot size of 6,000 s/f and 5,320 s/f is provided with a minimum lot width of 50’ required where 40’   is provided; and where a minimum of 950 s/f is required, 589.9 s/f is proposed for the second floor, contrary to Section 355.05 of the Codified Ordinances. (Filed 11-15-04)

 


9:30   Ward 10
Calendar No. 04-303:      1811 Grantham Road        Roosevelt Coats
    5 Notices

 

Gwendolyn Carr, owner, appeals to erect a two-story frame dwelling and an accessory garage on the same parcel with an existing two family dwelling, situated on an approximate 50’ x 120’ corner lot located in a Two-Family District at the southeasterly corner of Grantham Road and Euclid Avenue at 1811 Grantham Road; contrary to Section 337.03 for a Two-Family District, the proposed three family dwelling is first permitted in a Multi-Family District under Section 337.08; and Sections 357.09(2)(C) and 357.05 require an 8’ interior side yard where 7’ is provided; and the distance between a main building and a rear building on the same lot shall not be less than 40’ and Section 355.05 requires a minimum lot area of 2,400 s/f per dwelling unit, or a total of 7,200 s/f, and 5,950 s/f is provided; and a 950 s/f minimum floor area is required for each residential unit where 864 s/f is provided; and Section 349.01 requires 3 off-street parking spaces and 1 is provided; and Section 359.01 requires that the Board of Zoning Appeals approve the Nonconforming Use.

 


9:30   Ward 13
Calendar No. 04-304:   1240 West 9th Street     Joe Cimperman
    13 Notices

 

West Ninth Street Properties LLC c/o Mike Marous, agent, appeal to erect an approximate 74’ x 168’ eleven-story condominium building on acreage situated in a D5 and B4 Limited Retail Business District, located on the west side of West 9th Street at 1240 West 9th Street; contrary to Section 355.04(a) of the Area Requirements, approximately 140,000 s/f is proposed, where the allowable maximum gross floor area is the lot area or 87,053 s/f; and there is no side yard distance on the south side of the proposed building, where an interior side yard of not less than 8’ is required as stated in Section 357.09(b)(2)(C) of the Codified Ordinances. (Filed 11-19-04)

 


9:30        Ward 14
Calendar No. 04-305:     3467 West 41st Street      Nelson Cintron
     5 Notices

 

Neil Mohney, owner, appeals to construct a 20’ x 20’ accessory garage on a 35’ x 69’ lot where there is an existing 24’ x 40’ nonconforming single family dwelling, located in a General Retail Business District on the east side of West 41st Street at 3467 West 41st Street; contrary to the requirements for accessory uses in Residential District, a minimum of 18” is required from the property line where 6” is proposed and a 10’ distance is required from a main building on an adjoining lot and 3’6” is proposed, contrary to Section 337.23(a) of the Codified Ordinances.   (Filed 11-19-04)

 


9:30   Ward 3
Calendar No. 04-306:   3458 East 140th Street Zachary Reed
    4 Notices

 

Katie Tufts, owner, appeals to erect a 22’ x 22’ one-story frame, accessory garage on an existing nonconforming foundation situated on a 50’ x 145’ lot in a Multi-Family District on the west side of East 140th Street at 3458 East 140th Street; contrary to Section 337.23(a), where accessory buildings shall not occupy more than 40% of the required rear yard area, the existing foundation begins at a 57’ distance rather than 73’ and the Board of Zoning Appeals approval is required for the substitution of the nonconforming    garage as stated in Section 359.01 of the Codified Ordinances.    (Filed 11-22-04)

 

POSTPONED FROM NOVEMBER 29, 2004


10:30   Ward 8
Calendar No. 04-259:      917 East 105th Street Sabra Pierce Scott
    9 Notices

James Lee Richardson, owner, appeals to convert to a carryout restaurant/drive-through establishment a 46’ x 52’ one-story auto repair garage building on the 110’ x 175’ corner lot in a Local Retail Business District on the southeast corner of East 105th Street and Gooding Avenue; contrary to the requirements of Section 347.16(d)(4), no clear pavement markings or signage are proposed to identify pedestrian routes between entrances to the restaurant and any parking area or sidewalk which require the crossing of drive-through lanes; and no wheel or bumper guards are proposed for off-street parking spaces as are required in Section 349.07(b) and there is no landscaping proposed where an 8’ wide landscaping strip, providing a 75% year-round opacity, is required between the Local Retail Business District and the abutting Two-Family District as required in Section 352.11 of the Codified Ordinances. (Filed 10-20-04; testimony taken.)

 

First postponement granted for appellant to work with Glenville Development Corporation to provide a detail specific site plan for the proposed use.         

 


10:30   Ward 12
Calendar No. 04-263:   7524 Spafford Avenue Edward Rybka
    4 Notices

Gwendolyn Gartin, owner, appeals to erect a 5’ x 8’-6” landing and a 3’ x 4’ manufactured wheelchair lift onto an existing front porch of a single family dwelling in a Two-Family District on the south side of Spafford Avenue at 7524 Spafford Avenue; subject to the provisions of Section 357.13(b )(4), open porches shall not project more than 6’ for the landing and the wheelchair lift and shall not extend within 10’ from the street line. (Filed 10-21-04; no testimony taken.)

 

First postponement requested by appellant due to a conflict for her and no one else available to represent her at the hearing.