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BOARD OF ZONING APPEALS FEBRUARY 3, 2003
George Arquilla III, dba Bingham Burnside LLC, owners, appeal to add 10 stories onto the West 10th Street side and to add a 22-story addition to the northeast corner of an existing approximate 199 x 435 eight-story warehouse building for which a variance was granted on 3-19-2001 allowing an addition to the building in question and converting the proposed fourteen-story building to multi-family units, assembly and retail use; the appeal herein bringing the total number of stories to 22 floors and converting the use of all but the first floor to residential apartments with retail space on the first floor, and all situated on an acreage parcel located in a Limited Retail Business District on the west side of West 9th Street at 1278 West 9th Street; said additions and change of use being contrary to the Height Regulations of Section 353.01(b), where the maximum height permitted is 175 and 243 is proposed and contrary to the Area Requirements of Section 355.04, where the maximum gross floor area permitted shall equal one-half the lot area which is equal to 58,153 sq.ft. and 1,502,194 sq.ft. is proposed and contrary to the Yards and Courts Requirements of Section 357.05, where the required side street yard setback is 5 and 0 is proposed and a 0 rear yard is provided and a rear yard of one-half the height of the main building is required as stated in Section 357.08 of the Codified Ordinances. (Filed 1-15-03)
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George Williams, owner, appeals to construct a 54 x 75 two-story, masonry child development center on an approximate 121 x 177 parcel located in a Multi-Family District on the west side of East 93rd Street at 3374 East 93rd Street; said construction being contrary to the Residential District Requirements of Section 337.08, where a day care located less than 15 from any Residence District is subject to the Board of Zoning Appeals approval and contrary to the Yards and Courts Requirements of Section 357.15(a), where the rear building of an institutional occupancy must be 40 away from an existing residence on the same lot and the proposed day care is 12 away and a 0 rear yard is proposed and both the residence on the premises and the proposed building are required to have a 20 rear yard as stated in Section 357.15(a) of the Codified Ordinances. (Filed 1-15-03) ______________________________
BOARD OF ZONING APPEALSFEBRUARY 3, 2003
Michael S. Wise aka L & M Realty dba AC Auto Parts, owner, appeals to change the use of an existing 61 x 300 one-story masonry building (in the front) and an existing 30 x 80 one-story masonry building (in the rear) for an auto wrecking yard all situated on a 90 x 600 parcel located in s Semi-Industry District on the east side of Ridge Road at 3805 Ridge Road; said change of use being contrary to the Industrial District Requirements of Section 345.03, where an auto wrecking yard is not permitted in a Semi-Industry District but first permitted in a General Industry District and contrary to the Off-Street Parking and Loading Requirements of Section 349.04(j), where 46 parking spaces are required and 5 are proposed and Section 349.07(c)(3), where the maximum width of driveway permitted is 30 and 90 is proposed and contrary to the Landscaping and Screening Requirements, where a 6 wide transition strip is required between the parking lot and Ridge Road as stated in Section 352.11 of the Codified Ordinances. (Filed 1-16-03) _____________________________
Michael S. Wise dba AC Auto Parts, owner, appeals to change the use of an existing 41 x 46 one-story masonry building for an auto wrecking yard all situated on a 60 x 300 parcel located in a Semi-Industry District on the east side of Ridge Road at 3819 Ridge Road; said change of use being contrary to the Industrial District Regulations, where an auto wrecking yard is not permitted in a Semi-Industry District but first permitted in a General Industry District as stated in Section 345.03 and contrary to the Off-Street Parking and Loading Requirements, where no parking spaces are indicated and one for each employee plus space equal to 15% of the gross lot area as stated in Section 349.04(j) of the Codified Ordinances. (Filed 1-16-03)
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BOARD OF ZONING APPEALSFEBRUARY 3, 2003
Larry A. Weiser, owner, appeals under Section 329.02 of the Codified Ordinances from the decision of Richard L. Silva, Commissioner of Park Maintenance and Properties, that the properties in question, parcel numbers 103-24-091, 103-24-092, 103-24-063 and 118-22-127, were in violation of the Cleveland Codified Ordinance Section 209.01, where no owner or person in possession or control of any lot or land within the City shall fail to keep such lot or land free of refuse, etc. as noted in Section 209.01. The Department of Parks, Recreation and Properties abated the nuisances and the property owner was billed. (Filed 1-16-03) ______________________________
Lucretia Dillard, owner, appeals to change the use of an existing 22 x 34 two-story, frame dwelling unit into a Type A day care facility, all situated on a 35 x 133 parcel located in a Two-Family District on the south side of Trowbridge Avenue at 3617 Trowbridge Avenue; said change of use being contrary to the Residential District Requirements, where the proposed use abuts other premises in a Residence District and day care operations are permitted as regulated in a One-Family District and must be located not less than 30 from any adjoining premises in a Residence District and require the Board of Zoning Appeals approval as stated in Section 337.03(b) of the Codified Ordinances. (Filed 1-21-03) _______________________________
BOARDD OF ZONING APPEALSFEBRUARY 3, 2003
POSTPONED FROM JANUARY 6, 2003
Bedford Properties, owner c/o Lew Wallner, appeal to change the use of an existing 130 x 167 nine-story and seven floors, masonry office building into retail space on the first floor and 49 condominium suites on the remaining floors, all situated on a 126 x 166 parcel located in a General Retail Business District on the east side of East 6th Street at 1403-05 East 6th Street; said change of use being contrary to the Area Requirements of Section 355.04(b), where in an e area district the maximum gross floor area cannot exceed 1 ½ times the lot area and 28,905 sq.ft. maximum gross floor area is permitted where 174,540 sq.ft. is proposed and contrary to the Yards and Courts Requirements of Section 357.08(b)(2), where a 20 rear yard setback is required and 0 is proposed and no side yard setbacks are proposed and side yards equal to no less than Ό the height of the building are required as stated in Section 357.14(b) of the Codified Ordinances. (Filed 11-26-02; no testimony taken.)
First postponement due to scheduling conflict for appellant. ______________________________
James Stropko, owner, and Community of Faith Church c/o Pastor Thomas Minor, appeal to change the use of an existing 30 x 85 one-story cafι and hall building into a day care facility all situated on a 40 x 85-6 parcel located on the north side of Engel Avenue at 5945-49 Engel Avenue; said change of use being contrary to the Business district Requirements of Section 343.11, where by reference as regulated in a Multi-Family District, Section 337.08(e) a day care is required to be 15 from any adjoining premises in a residence district not used for a similar purpose and the proposed use abuts a Two-Family District at the rear of the property and contrary to the Landscaping and Screening Requirements, where a 4 landscaping strip is proposed along Engel Avenue between the proposed parking lot and the street and 6 is required as stated in Section 352.10 of the Codified Ordinances. (Filed 12-9-02; testimony taken.)
First postponement requested for appellant to consult with the neighboring community, the Councilman and the local development corporation about the proposed plan and to provide a detail specific plan for the project.
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