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BOARD OF ZONING APPEALS
MARCH 17, 2003
Magnaco, Ltd. LLC, owners, appeal to construct a 43,000 s/f irregular shaped 17 unit two-story, multi-family condominium building with a 20 car accessory parking lot all situated on an irregular shaped acreage parcel located in a Multi-Family District on the south side of Franklin Boulevard at 8205 Franklin Boulevard; said construction being contrary to the Yards and Courts Requirements of Section 357.04, where a front yard setback of 16-6 is required and 1-6 is proposed and Section 357.08, where a 20 rear yard setback is required and none is proposed and contrary to the Fence Regulations of Section 358.04(a), where fences in the required front yard shall not exceed 4 in height and 6 is proposed and the style of fence proposed in the front yard is not shown and fences in the front yard must be ornamental as stated in Section 358.04(c) of the Codified Ordinances. (Filed 2-20-03) ______________________________
Abyssinia Baptist Church, owner c/o Reverend Leo Pinkard, agent, appeals to construct a 22 x 60 one-story addition to the rear of an existing 40 x 57 church building and expand the use and include assembly use all situated on an approximate 151 x 159 parcel located in a One-Family District on the east side of Green Road at 2045 Green Road; said addition and expansion being contrary to the Residential District Requirements of Section 337.02(e), where a church is a permitted use in a One-Family District but is required to be 15 from any adjoining premises in a residence district not used for similar purposes and the property in question is surrounded by a One-Family District and contrary to the Off-Street Parking and Loading Requirements of Section 349.04(e), where 30 parking spaces are required and 16 are proposed and 1 is credited leaving 13 parking spaces required and contrary to the Landscaping and Screening Requirements of Section 352.10, where a 6 wide landscape strip is required in the front between the parking lot and Green Road and contrary to the Nonconforming Use Requirements, where an expansion of a nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 2-21-03) ______________________________
BOARD OF ZONING APPEALS
MARCH 17, 2003
Neon Health Centers, owner c/o Dan Reynolds, agent, appeals to construct a parking lot for 60 parking spaces on an approximate 165 x 221 parcel located in a General Retail Business District and a Multi-Family District on the south side of Superior Avenue at 12100 Superior Avenue; said construction being contrary to the Residential District Requirements of Section 337.08, where a parking lot is not permitted in a Multi-Family District and contrary to the Business District Requirements of Section 343.11 and the Residential District Requirements of Section 337.08(e), where a health center and accessory uses are required to have Board of Zoning Appeals approval is located less than 15 from an adjoining premises in a residence district and contrary to the Landscaping and Screening Requirements, where a 10 wide landscape strip is required between the parking lot and the abutting residential district as stated in Section 352.09 of the Codified Ordinances. (Filed 2-21-03) _____________________________
Pamela Eurich and Bill Kenney, owners, appeal to alter an existing 20 x 58-10 two-story frame, two dwelling unit house all situated on a 42 x 132 parcel located in a Two-Family District on the south side of Wade Avenue at 3457 Wade Avenue; said alterations being contrary to the Yards and Courts Requirements of Section 357.09(2)(b), where a 1 interior side yard is proposed and 3 is required and where an existing nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 2-24-03) ______________________________
Mike Mazzeo, owner, c/o Ted Zelazny, agent, appeals to install 107 linear feet of 7 high chain link fencing to the west, north and east of a 100 x 168 triangular parcel located in a Local Retail Business District on the north side of Independence Road at 3625 Independence Road; said installation being contrary to the Fence Regulations, where a 7 high chain link fence is proposed and fences in a non-residential district other than a General or unrestricted Industry are required to be 4 high and 50% open in the actual front yard and 6 high in actual rear and interior side yards as stated in Section 358.05(2) of the Codified Ordinances. (Filed 2-25-03)
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BOARD OF ZONING APPEALS
MARCH 17, 2003
William Rosby, owner c/o Randall Matejka, agent, appeals to change the use of an existing approximate 46 x 66 two-story stores and suites building to a live-work use situated on an approximate 40 x 125 corner parcel located in a Local Retail Business District on the southeast corner of Hood Avenue and Broadview Road at 4479-83 Broadview Road; said change of use being contrary to the Business District Requirements of Section 343.01, where the establishment of live-work dwelling units is not a permitted use unless the premises are located in a Live-Work Overlay District per Section 346 of the Zoning Code and contrary to the Fence Regulations, where a 15 high tree at the front corner of the property is proposed and no portion of a fence (including a tree meant to decorate an area of the land) located within 30 of the intersection of two street right-of-way lines shall exceed 2 ½ in height as stated in Section 358.03 of the Codified Ordinances. (Filed 2-26-03)
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Brian Heidelman, owner, appeals to enclose an existing 6-7 x 24 front porch of a 24 x 42 two-story, frame dwelling all situated on a 40 x 120 parcel located in a Two-Family District on the west side of West 135th Street at 3580-82 West 135th Street; said enclosure being contrary to the Yards and Courts Requirements where a 6-7 projection is proposed and enclosed front porches shall not project more than 4 as stated in Section 357.13(B)(4) of the Codified Ordinances. (Filed 2-27-03)
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BOARD OF ZONING APPEALS MARCH 17, 2003
POSTPONED FROM FEBRUARY 24, 2003
Joseph Adornetti, owner, and Madeline Lewis, tenant, appeal to change the use of an existing approximate 50 x 55 one-story, masonry restaurant building into a day care facility all situated on an approximate 91 x 200 parcel located in a Local Retail Business District on the south side of Lakeshore Boulevard at 17300 Lakeshore Boulevard; said change of use being contrary to the Business District Requirements of Section 343.01(b)(1), where by reference as regulated in the least restricted Residence District, (Section 337.02(f)(3)(c), a day care is required to be 30 from any adjoining premises not used for a similar purpose and the proposed use abuts a residential premises and contrary to the Off-Street Parking and Loading Requirements of Section 349.08, where a chain link fence is proposed and the proposed parking lot must be screened from all residential premises with an opaque fence or dense 4 wide landscape strip providing year round screen cover and contrary to the Landscaping and Screening Requirements of Sections 352.08-352.10, where an 8 wide landscaping strip is required where the property abuts the residential district at the rear and none is proposed and a 6 wide landscape frontage strip is required and contrary to the Fence Regulations, where a 6 high fence is proposed and 4 is required as stated in Section 358.05(a)(2) of the Codified Ordinances. (Filed 1-7-03; testimony taken.)
Second postponement requested for appellant to follow up with the local development corporation on their proposed plan.
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Greater Christian Tabernacle Church, owner c/o Richard Penick, agent, appeal to establish use of part of an existing church as a day care all situated on an approximate 146 x 227 irregular shaped parcel located in a Two Family District on the north side of Orleans Avenue at 9417 Orleans Avenue; said proposed use being contrary to the Residential District Requirements, where the proposed use abuts a Two-Family District and a day care is permitted but must be located not less than 15 from any adjoining premises in a residence district not used for similar purposes and requires the Board of Zoning Appeals approval as stated in Section 337.08(e) of the Codified Ordinances. (Filed 1-31-03; no testimony taken.)
First postponement requested by appellants architect due to scheduling conflicts. ______________________________
BOARD OF ZONING APPEALS
MARCH 17, 2003
POSTPONED FROM FEBRUARY 24, 2003
Curtis Redding, owner, and Angela Paluch, tenant, appeal to change the use of an existing 20 x 50 two-story building from a legal, nonconforming body piercing shop into a body piercing shop and tattoo parlor, all situated on an approximate 25 x 107 parcel located in a General Retail Business District on the north side of Payne Avenue at 3009 Payne Avenue; said change of use being contrary to the Specific Uses Regulated requirements of Section 347.12(b)(1), where the proposed use is within 200 of a residence district to the east and within 350 of the Cleveland Municipal School District & Health Careers Center at 1740 East 32nd Street and no site plan is provided and a site plan drawn to scale showing property lines and features of the property is required as stated in Section 327.02(d) of the Codified Ordinances. (Filed 2-4-03; no testimony taken.)
First postponement requested by the Councilman for discussion and review with the community about the proposed change of use. ______________________________
POSTPONED FROM MARCH 3, 2003
Ricky Hill, owner, appeals to change the use of an existing two dwelling unit house into three dwelling units all situated on a 55 x 120 parcel located in a Two-Family District on the east side of East 144th Street at 3993 East 144th Street; said change of use being contrary to the Enforcement and Penalty Requirements of Section 327.02(e), here a plot plan drawn to scale is required showing all lot area and contrary to the Off-Street Parking and Loading Requirements of Section 349.01(c), where 3 parking spaces are required and 2 are proposed and contrary to the Yards and Courts Requirements, where an interior side yard setback of 7 for the dwelling is proposed and 4 and 5 for the garage is proposed and a 3 dwelling unit house is first allowed in a Multi-Family District and is required to provide for an 8 interior side yard setback for the dwelling and the garage as stated in Section 357.09(2)(c) of the Codified Ordinances.(Filed 2-7-03; no testimony taken.)
First postponement requested by the Councilman for time to review the appellants project.
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BOARD OF ZONING APPEALS MARCH 17, 2003
POSTPONED FROM MARCH 3, 2003
A.M. McGregor Homes, owner c/o Jennifer Wintner, agent, appeal to change the use of an existing 38,000 sq.ft. masonry nursing home building into 30 apartment units all situated on an acreage parcel located in a Limited One-Family District on the east side of East Boulevard at 975 East Boulevard; said change of use being co0ntrary to the Residential District Requirements of Section 337.01, where multi-family apartment buildings are not permitted in a Limited One-Family District and contrary to the Off-Street Parking and Loading Requirements, where no parking spaces are proposed and 31 are required as stated in Section 349.04(i) and contrary to the Nonconforming Use Requirements, where a substitution of a nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 2-11-03; no testimony taken.)
First postponement requested by the Councilwoman for community discussion and review on the proposed plan.
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