BOARD OF ZONING APPEALS

JUNE 24, 2002

9:30		Ward 20
Calendar No. 02-127:	3247 West 142^nd Street	Martin Sweeney
		5 Notices

Donald Swansiger, owner, appeals to construct a 22’ x 22’ garage with a gable roof to the rear of an approximate 32’ x 119’ irregular shaped corner parcel located in a One-Family District on the northeast corner of Birchwood Avenue and West 142^nd Street at 3247 West 142^nd Street; said construction being contrary to the Yards and Courts Requirements, where no building shall be erected nearer to the side street at the rear line of the corner lot than the setback building line of the rear lot as shown on the plans and stated in Section 357.05(b)(2) of the Codified Ordinances. (Filed 5-3-02)

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9:30		Ward 5
Calendar No. 02-128:	3363 East 93^rd Street	Frank Jackson
		9 Notices

Mazhar Kahn, owner, and Sunoco, lessee, appeal to install an 18’ high free-standing identification sign to the west of an approximate 180’ x 232’ corner parcel located in a Local Retail business District on the southeast corner of Bessemer Avenue and East 93^rd Street at 3363 East 93^rd Street; said installation being contrary to the Sign Regulations, where the maximum height proposed is 18’ and the maximum height permitted is 12’ as stated in Section 350.14(b) of the Codified Ordinances. (Filed 5-3-02)

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BOARD OF ZONING APPEALS

JUNE 24, 2002

9:30		Ward 17
Calendar No. 02-129:	1978 West 54^th Street	Matt Zone
		11 Notices

Greenbuilt Homes, Ltd., owner c/o David V. Allen, agent, appeal to change the use of an existing 24’ x 44’ two-story one family dwelling house into an office all situated on a 28’ x 132’ parcel located in a Two-Family District on the west side of West 54^th Street at 1978 West 54^th Street; said change of use being contrary to the Residential District Requirements of Section 337.03, where an office is not permitted in a Two-Family District but first permitted with a maximum of 5 workers at any given time in a Local Retail Business District as stated in Section 343.01 and contrary to Section 334.20, where an adequate site plan is required and contrary to the Off-Street Parking and Loading Requirements of Section 349.04(g), where 6 parking spaces are required and none are proposed and contrary to the Landscaping and Screening Requirements, where an 8’ wide transition strip is required around the property between the proposed use and the adjacent properties in a Two-Family District as stated in Section 352.09 of the Codified Ordinances. (Filed 5-3-02)

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9:30		Ward 14
Calendar No. 02-130:	2704 Clark Avenue	Nelson Cintron
		12 Notices

Gerald Zahler, owner, appealed on June 1, 1999 and was approved and later withdrew his appeal on August 16, 1999, and now he and August Fluker, agent, appeal to change the use of an existing 52’ x 136’ portion of an existing 152’ x 144’ one-story masonry retail building into a day care center located in a General Retail District, situated on an approximate 360’ x 327’ acreage parcel on the north side of Clark Avenue at 2704 Clark Avenue; said change of use being contrary to the Business District Requirements of Section 343.11, with reference as regulated by the One-Family District in Section 337.02(f)(3), where the proposed use is surrounded by a Two-Family District and a day care if located less than 30’ from any Residence District not used for a similar purpose is subject to the Board of Zoning Appeals approval and contrary to the Specific Use Regulations, where refuse containers shall be located in such a manner that they shall not be visible from a public street or from a lot designated for residential purpose as stated in Section 347.08(a) of the Codified Ordinances. (Filed 5-6-02)

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BOARD OF ZONING APPEALS

JUNE 24, 2002

9:30		Ward 21
Calendar No. 02-131:	Appeal of West Park Avenue Residents	c/o Michael Dolan

Residents at 16804, 16710, 16700, 16614, 16604, 16520, 16512, 16514 and 16500 West Park Avenue appeal under the authority of Section 541.97(d), where the appellant has the right to appeal to the Board of Zoning Appeals from a Violation Notice issued April 17, 2002 by the Department of Public Utilities; said Violation being issued under the authority of the Sewer Connection Requirements, where it is illegal to discharge storm waste to a sanitary outlet as stated in Sections 541.08, 541.11 and 541.12 of the Codified Ordinances.

(Filed 5-8-02)

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9:30		Ward 16
Calendar No. 02-132:	4542 Pearl Road	Michael O’Malley
		12 Notices

Unity Lutheran Church, owners c/o Roberta Glasmyer, agent, appeal to establish use of a 40’ x 69’ two-story building and basement of an existing 13,000 sq.ft. facility into a day care, all situated on an approximate 126’ x 228’ irregular shaped parcel located in a Local Retail Business District on the west side of Pearl Road at 4542 Pearl Road; said change of use being contrary to the Business District Requirements of Section 343.11, with reference as regulated by the One-Family District in Section 337.02(f)(3), where the proposed use is surrounded by a Two-Family District and a day care if located less than 30’ from a Residence District not used for a similar purpose is subject to the Board of Zoning Appeals approval and contrary to the Off-Street Parking and Loading Requirements of Section 349.07(b), where accessory off-street parking spaces shall be provided with wheel bumper guards and none are indicated and Section 349.07(c), where accessory off-street parking spaces shall be arranged to minimize congestion and parking spaces shall be indicated on the plan by stripes and none are indicated and contrary to the Landscaping and Screening Requirements of Section 352.09, where an 8’ wide transition strip is required between the Local Retail Business District and the abutting Two-Family District and no landscaping strip is proposed along Behrwald Avenue between the parking lot and the street and a 6’ landscaping strip is required as stated in Section 352.10 of the Codified Ordinances. (Filed 5-9-02)

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BOARD OF ZONING APPEALS

JUNE 24, 2002

9:30		Ward 13
Calendar No. 02-135:	1941 West 45^th Street	Joe Cimperman
		6 Notices

Brian and Paula Pason, owners, and Robert Bruce, agent, appeal to construct a 6’ x 18’ one-story wooden deck 6’ above grade to the rear of an existing 1 ½ dwelling house all situated on a 30’ x 66’ parcel located in a Two-Family District on the east side of West 45^th Street at 1941 West 45^th Street; said construction being contrary to the Area Requirements of Section 355.01, where the required lot area allowed is 990 sq.ft. and 1,331 sq.ft. is proposed and contrary to the Yards and Courts Requirements of Section 357.05(b)(a), where no building shall be erected nearer to the side street at the rear line of the corner lot than the setback building line of the rear lot and Section 357.08, where no building shall be erected less than 10’ from a main building on an adjoining lot and 2 ½’ is proposed contrary to the existing nonconforming use limitations of Section 359.01 of the Codified Ordinances. (Filed 5-10-02)

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9:30		Ward 5
Calendar No. 02-146:	7300 Dell Avenue	Frank Jackson
		2 Notices

Mt. Sinai Church, owner, and William Riley, agent, appeal to construct a temporary parking lot on a vacant acreage corner parcel located in a Multi-Family District on the south side of Dell Avenue at 7300 Della 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 but first permitted in a General Retail Business District and contrary to the Off-Street Parking and Loading Requirements of Section 349.07(a), where access and maintenance of off-street parking shall be properly graded for drainage so that all water drains within the lot and surfaced with concrete, asphalt or similar surfacing material and Section 349.07(b), where accessory off-street parking spaces shall be provided with wheel bumper guards and none are indicated and contrary to the Landscaping and Screening Requirements of Section 352.09, where an 8’ wide transition strip is required between the parking lot and the abutting Multi-Family District and no landscaping strip is proposed along Dell Avenue and East 75^th Street between the parking lot and the street and a 6’ landscaping strip is required as stated in Section 352.10 of the Codified Ordinances. (Filed 5-28-02)

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BOARD OF ZONING APPEALS

JUNE 24, 2002

POSTPONED FROM JUNE 3, 2002

10:30		Ward 13
Calendar No. 02-78:	3620 Superior Avenue	Joe Cimperman
		9 Notices

Judy Chin, owner, appeals to change the use of an approximate 74’ x 156’ area of the 2^nd floor of an existing 52’ x 156’ factory building all situated on a 66’ x 165’ parcel located in a Semi-Industry District on the south side of Superior Avenue at 3620 Superior Avenue; said change of use being contrary to the Industrial District Requirements of Section 345.03(c)(3), where amusement such as a billiard parlor requires Board of Zoning Appeals approval to exempt from the requirement that noise be effectively prevented from being audible at a 50’ distance and contrary to the Specific Use Requirements, where a Two-Family District is located 200’ from the proposed use and amusement and recreation uses such as billiard parlors are not permitted within 500’ of a Residential District as stated in Section 347.12 of the Codified Ordinances. (Filed 3-14-02; no testimony taken.)

Second postponement requested in order that the community may meet and discuss the possibility of a billiard hall in the neighborhood.

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POSTPONED FROM MAY 20, 2002

10:30		Ward 21
Calendar No. 02-87:	16600 Lorain Avenue	Michael Dolan
		10 Notices

Kamcor Realty, owner c/o Bill Feller, agent, appeals to change the use of three existing one-story tenant spaces equaling 2000 sq.ft. into a fitness center, all situated on an approximate 96’ x 120’ irregular shaped parcel located in a Local Retail Business District on the northwest corner of West 165^th Street and Lorain Avenue at 16600 Lorain Avenue; said change of use being contrary to the Business District Requirements of Section 343.01, where a fitness center is not permitted in a Local Retail Business District but first permitted in a General Retail Business District as stated in Section 343.11 and contrary to the Off-Street Parking and Loading Requirements, where no off-street parking is provided but is required to be calculated by three times the gross floor area as stated in Section 349.04(e) of the Codified Ordinances. (Filed 3-19-02; no testimony taken.)

First postponement requested by appellant in the interest of resolving building code issues______________________________

BOARD OF ZONING APPEALS

JUNE 24, 2002

POSTPONED FROM JUNE 3, 2002

10:30		Ward 14
Calendar No. 02-108:	2609 West 18^th Street	Nelson Cintron
		5 Notices

Luis and Carmen Ramos, owners, appeal to enclose an existing 6’-10” x 20’ first floor, open front porch of an existing 20’ x 48’ one family house all situated on a 25’ x 80’ parcel located in a Semi-Industry District on the east side of West 18^th Street at 2609 West 18^th Street; said porch enclosure being contrary to the Yards and Courts Requirements, where a projection of 6’ is proposed and enclosed porches or vestibules shall not project more than 4’ as stated in Section 367.13(b)(4) of the Codified Ordinances. (Filed 4-5-02; testimony taken.)

Appellants’ request to postpone in order to provide a revised plan that shows a more open and porch-like appearance for the proposed project.

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