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BOARD OF ZONING APPEALS MARCH 3, 2003
Ranesha Yisrael, owner, appeals to change the use of an existing 25-9 x 42-0 two-story two family house into a day care all situated on a 37 x 100 parcel located in a Two-Family District on the north side of Ohlman Avenue at 11901-03 Ohlman Avenue; said change of use being contrary to the Residential District Requirements, where the proposed use is located in a Residence District and abuts other residential premises and all uses permitted as regulated in a One Family District are allowed and day care operations per Section 337.02(f)(3)(c) must be located not less than 30 from any adjoining premises and require the Board of Zoning Appeals approval as stated in Section 337.03(b) of the Codified Ordinances. (Filed 2-5-03) ______________________________
Donald Ponyicky and Frank Costanzo, owners c/o Scott Rowland, agent, appeal to construct a 37 high, 294 sq.ft. billboard sign to the north of an acreage parcel located in a General Retail Business District on the east side of West 117th Street at 1607 West 117th Street; said construction being contrary to the Sign Regulations of Section 350.10(a), where billboards are not permitted in a General Retail Business District and Section 350.10(e), where billboards shall be a minimum of 750 sq.ft. distance apart from each other and another billboard is located on the same lot as the proposed billboard and another billboard is located 190 from the proposed billboard and the proposed billboard is within the General Retail District and billboards are not permitted to be within 200 of a General Retail Business District as stated in Section 350.10(g) of the Codified Ordinances. (Filed 2-6-03) ______________________________
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) ______________________________
BOARD OF ZONING APPEALS MARCH 3, 2003
Salti Mansour, owner, and Hector Hernandez, tenant, appeal to change the use of an existing 43 x 45 one-story tenant space building with three stores into two stores and a restaurant all situated on a 95 x 100 parcel located in a General Retail Business District on the north side of Lorain Avenue at 12926 Lorain Avenue; said change of use being contrary to the Off-Street Parking and Loading Requirements, where 12 parking spaces are proposed and 18 are required a stated in Section 349.04(i) of the Codified Ordinances. (Filed 2-7-03) ______________________________
A.M. McGregor Homes, owner c/o Jeanifer 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) ______________________________
Clifford R. Flenory, Jr., owner, and Michael Hobbs, agent, appeal to change the use of an existing approximate 48 x 58 one-story masonry Laundromat building into a church all situated on an approximate 77 x 151 parcel located in a Local Retail Business District on the north side of Buckeye Road at 12105 Buckeye Road; said change of use being contrary to the Business District Requirements of Section 343.01, where by reference as regulated in a Multi-Family District (Section 337.08) a church if located less than 15 from any residence district is subject to Board of Zoning Appeals approval and the use in question abuts a Two-Family District and contrary to the Sign Regulations of Section 350.10, where billboards are not permitted in a Local Retail Business District and contrary to the Yards and Courts Requirements, where parking of motor vehicles in the setback area is prohibited as stated in Section 357.14 of the Codified Ordinances. (Filed 2-11-03) ______________________________ BOARD OF ZONING APPEALSMARCH 3, 2003
James Kaspar on behalf of Anthony Schillerro, owner, appeals to expand an existing nonconforming adult cabaret into 800 sq.ft. of new patron space formerly used as office space all situated on an approximate 82 x 468 parcel located in a Local Retail Business District on the south side of South Waterloo Road at 19610 South Waterloo Road; said expansion of the nonconforming use being contrary to the Business District Requirements, where adult entertainment is not permitted in a Local Retail Business District but first permitted in a General Retail Business District if located at least 1000 from a residence district per Section 347.07(c)(1) and the proposed expansion is within 400 of a residence district to the northwest, within 300 of an existing adult use at 19121 Neff Road and within 400 of Neff Park to the northwest and contrary to the Nonconforming Use Requirements, where a conversion of approximately 800 sq.ft. of space from office to patron space is an expansion in type or number of persons to occupy or to be attracted to the premises and requires the Board of Zoning Appeals approval as stated in Section 359.01(a) of the Codified Ordinances. (Filed 2-13-03) _______________________________
POSTPONED FROM FEBRUARY 3, 2003
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.)
Second postponement requested by appellants in order to provide a detail specific plan for the proposed change of use. ________________________________
BOARD OF ZONING APPEALSMARCH 3, 2003POSTPONED FROM FEBRUARY 3, 2003
St. John Orthodox Church, owners c/o Reverend Anatol Siegien, appeal to change the use of an existing approximate 92 x 191 one-story masonry building and an attached approximate 40 x 98 one-story masonry building into a 510 seat assembly/banquet hall and to maintain two buildings for storage and other business, all situated on an acreage parcel located in Semi-Industry/General Industry Districts on the east side of State Road at 4925 State Road; said change of use being contrary to the Specific Use Regulations, where the proposed use is adjacent to a Residence District and is within 100 of another banquet hall and no amusement use shall be located within 500 of another such use or of a Residence District as stated in Section 347.12(a)(b) of the Codified Ordinances. (Filed 1-21-03; testimony taken)
Postponement requested to allow for a Traffic Engineering analysis of the location and the proposed use. _______________________________
NCL Enterprises, Inc., owner c/o Patricia Walker, agent, appeal from a Notice of Violation issued January 3, 2003 by the Department of Community Development Division of Building and Housing, citing the appellant under the Specific Use Regulations of Section 347.08(a) where trash containers shall not be visible from the public street, Section 347.08(b), where trash, garbage and organic material must be compacted and odorous materials be put in airtight containers, Section 347.08(c), where noncombustible containers are required to set on a concrete slab, and under the Off-Street Parking and Loading Requirements of Section 349.07(a), where accessory off-street parking spaces and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing that such parking spaces are surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material and where accessory off-street parking spaces shall be provided with wheel or bumper guards as stated in Section 349.07(b) of the Codified Ordinances (Filed 1-30-03; no testimony taken.)
First postponement requested by the Councilman for additional review of the appellants appeal.
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