BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

9:30

 

Ward 17

Calendar No. 03-236:

 3149 West 82nd Street

Matt Zone

 

 

6 Notices

 

Vilmarie Aponte, owner, appeals to install approximately 160 linear feet of 4’ high chain link fence at the front and at the east and west sides of a single family dwelling situated on a 35’ x 124’ rectangular parcel located in a One-Family District on the northeast corner of West 82nd Street and Camden Avenue at 3149 West 82nd Street; said installation being contrary to the Fence Regulations where a chain link fence is proposed and in a residential district only an ornamental fence is permitted in the front yard and actual side street yards if located within 4’ of the side street property line as stated in Section 358.04(c) and where the proposed 4’ high fence would be 2’ from the residence building on the adjoining lot to the east and no fence shall be higher than its distance from a residence building on an adjoining lot as stated in Section 358.04(a) of the Codified Ordinances. (Filed 8-12-03)

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9:30

 

Ward 19

Calendar No. 03-238:

  3678 West 116th Street

Dona Brady

 

 

5 Notices

 

Allen and Terry Ray, owners, appeal to install 18’ of 6’ high wood privacy fence at the rear and 20’ linear feet of 4’ high wood privacy fence and 44’ of 6’ high wood privacy fence at the northeast side of a single family dwelling for a total of 82’ linear feet of wooden fencing, all located on a 40’ x 120’ parcel in a One-Family District on the west side of West 116th Street at 3678 West 116th Street; said installation being contrary to the Fence Regulations, where the permitted maximum height of a fence in the actual rear yard is 6’ but in no case shall the fence height exceed its distance to the neighboring house and the proposed 6’ fence is a distance of 2’ from the neighboring house and that is the permitted height as stated in Section 358.04(a) of the Codified Ordinances. (Filed 8-13-03)          ______________________________

 

9:30

 

Ward 12

Calendar No. 03-239:

  3902 East 57th Street

Edward Rybka

 

 

4 Notices

 

John Len, owner, appeals to construct a 14’ x 20’ accessory frame, gable garage on a 14’ x 22’ existing pad at the rear of single family dwelling situated a 30’ x 113’ parcel located in a Two-Family District on the west side of East 57th Street at 3902 East 57th Street; said construction being contrary to the Residential District Requirements where accessory buildings in a residence district shall be located a minimum of eighteen inches from all property lines as stated in Section 337.23(a) and contrary to the Nonconforming Use Requirements, where a nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 8-18-03)

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BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

9:30

 

Ward 13

Calendar No. 03-240:

6002 St. Clair Avenue

Joe Cimperman

 

 

13 Notices

 

Joseph Pinjuh, owner, appeals to change the use of an existing approximate 45’ x 26’ one-story masonry service station building to a motor vehicle repair garage situated on a 50’ x 92’ irregular shaped parcel located in a Local Retail Business District on the northeast corner of St. Clair Avenue and East 60th Street at 6002 St. Clair Avenue; said proposed use as a repair garage being first permitted in a Semi-Industry District if located 100’ from a residence district as stated in Section 343.01 where a substitution of a nonconforming use requires the Board of Zoning Appeal approval and contrary to the Landscaping and Screening Requirements where a 6’ wide frontage landscape strip is required along St. Clair Avenue where the parking lot abuts the street and a 10’ wide transition landscape strip is required where the property abuts the residential district to the rear as stated in Sections 352.08-352.11 of the Codified Ordinances. (Filed 8-18-03)

 

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9:30

 

Ward 3

Calendar No. 03-241:

3905 East 140th Street

Zachary Reed

 

 

13 Notices

 

Sharon Pentecostal Church, owner, appeals to construct a 70’ x 46’ one-story, masonry church building on an approximate 118’ x 110’ irregular shaped parcel located in a Local Retail Business District on the northwest corner of East 140th Street and Glendale Avenue at 3905 East 140th Street; said construction being contrary to the Business District Requirements of Section 343.01, where by reference as regulated in a One-Family District in Section 337.02(e), a church and its accessory uses are required to be not less than 15’ away from any adjoining premises in a residence district not used for a similar purpose and the proposed church abuts an A1 One-Family District at the rear; and contrary to Section 349.04(e) of the Off-Street Parking and Loading Requirements, where 16 parking spaces are proposed and 40 parking spaces are required and contrary to the Side Street Yard Regulations of Section 357.05(b)(1), which require that on the rear third of a corner lot, where the rear lot line abuts a residence district, the building line shall not be less than 10’ back from the side street line and contrary to the provision that the parking of motor vehicles in the setback (at the northwest corner) is prohibited as stated in Section 357.14 of the Codified Ordinances. (Filed 8-19-03)

 

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BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

9:30

 

Ward 3

Calendar No. 03-242:

3804-06 East 147th Street

Zachary Reed

 

 

5 Notices

 

Gwendolyn Smith, owner, appeals to enclose a second floor 25’ x 9’ porch of an existing  two family frame dwelling located on a 40’ x 200’ rectangular parcel in a One-Family District on the west of side of East 147th Street at 3804-06 East 147th Street; said porch enclosure being contrary to the Yards and Courts Regulations where no enclosed porch should project more than 4’ and not aggregate a vertical area in any story more than 20% of the area of the faηade in that story as stated in Section 357.13(b)(4) of the Codified Ordinances. (Filed 8-19-03)

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9:30

 

Ward 3

Calendar No. 03-243:

    11602 Union Avenue

Zachary Reed

 

 

7 Notices

 

Cleophus Smith, Jr., owner, appeals to change the use of a 27’ x 43’ existing service station to a thrift store, situated on an approximate 71’ x 118’ irregular shaped parcel located in a General Retail Business District on the southwest corner of East 116th Street and Union Avenue at 11602 Union Avenue; said proposed change of use being contrary to the Landscaping and Screening Requirements that provide for a 6’ wide landscape strip to be installed along Union Avenue and along East 116th Street where the parking lot abuts the street and none is proposed as stated in Section 352.10 of the Codified Ordinances. (Filed 8-20-03)

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9:30

 

Ward 20

Calendar No. 03-244:

13301 Carrington Avenue

Martin Sweeney

 

 

8 Notices

 

Carlos E. Fernandez, owner, appeals to construct a 32’ x 59’ two-story frame, single family dwelling house with an attached garage, all situated on a 40’ x 114’ rectangular parcel located in a Single Family District on the south side of Carrington Avenue at 13301 Carrington Avenue; said construction being contrary to the Yards and Courts Regulations where 7’9” is proposed from the neighboring house to the east and no building shall be erected less than 10’ from a main building on an adjacent lot as stated in Section 357.09(b)(2)(A) of the Codified Ordinances. (Filed 8-21-03)

 

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BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

POSTPONED FROM AUGUST 4, 2003

10:30

 

Ward 1

Calendar No. 03-141:

      4447 Lee Road

Joseph Jones

 

 

12 Notices

 

Quinton Durham, owner, appeals to construct 6,936 sq.ft. of one-story storage units on an irregular shaped parcel located in a Local Retail Business District on the east side of Lee Road at 4447 Lee Road; said construction being contrary to the Business District Requirements of Section 343.01, where contractor’s storage is not a permitted use in a Local Retail Business District and expansion of a nonconforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 5-22-03; no testimony taken.)

 

Third postponement requested for additional review of the appellant’s complete plan by City Planning and the local Business Revitalization District Committee.

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POSTPONED FROM AUGUST 11, 2003

10:30

 

Ward 12

Calendar No. 03-144:

  7407-09 Union Avenue

Edward Rybka

 

 

14 Notices

 

TMS Enterprises, owners c/o Tommy Sullivan, appeal to change the use of an existing approximately 27’ x 67’ two-story structure and construct a 28’ x 30’ one-story building to the rear of an 80’ x 135’ parcel located in a General Retail Business District on the north side of Union Avenue at 7407-09 Union Avenue; said change of use being contrary to the Business District Requirements of Section 343.11(b)(2)(I)(4), where all buildings, vehicles and advertising must be kept back of the building setback line and a 10’ building setback line exists on Union Avenue and East 75th Street and a 4’ to 5’-6” setback line is proposed and contrary to the Off-Street Parking and Loading Requirements of Section 349.07, where bumper guards are required for parking spaces and contrary to the Landscaping and Screening Requirements of Sections 352.08 through 352.11, where a 4’ landscaped frontage strip is required where the proposed use abuts the street and none is shown and a 10’ wide transition strip is required where the proposed use abuts the residential district to the rear and none is shown and dumpsters are not permitted in the required landscape transition area and a landscape plan is required and contrary to the Fence Regulations, where a 5’ and a 6’ high fence is proposed and fences in the setback areas shall not exceed 4’ in height as stated in Section 358.05(a) of the Codified Ordinances. (Filed 5-28-03; no testimony taken.)

 

Appellant’s second postponement requested for time to complete the Storefront Loan application process and development of the project’s design.

 

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BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

POSTPONED FROM AUGUST 18, 2003

10:30

 

Ward 14

Calendar No. 03-201:

3237-39 Scranton Road

Nelson Cintron

 

 

14 Notices

 

Hector Colon, Sr., owner, appeals to change the use of an existing 42’ x 28’ one-story masonry service station building into an auto repair garage, all situated on a 106’ x 81’ corner parcel located in a Multi-Family District at the northeast corner of Brainard Avenue and Scranton Road at 3237-3239 Scranton Road; said change of use being contrary to the Residential District Requirements of Section 337.08 where an auto repair and storage garage are not permitted in a Multi-Family District but first permitted in a Semi-Industry District if located not less than 100’ from a residence district as stated in Section 345.03(c)(2) of the Codified Ordinances. (Filed 7-9-03; testimony taken.)

 

First postponement requested for additional review of the proposed project within the community.

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POSTPONED FROM AUGUST 25, 2003

10:30

 

Ward 2

Calendar No. 03-206:

4004 East 131st Street

Robert White

 

 

17 Notices

 

Sanctuary Baptist Church owner, c/o Mark Smith, Reverend, appeals to expand an existing 125’x136’ irregular shaped one-story masonry Church building by including a Daycare within the Church all situated on a 125’ x 350’ parcel on the southwest corner of Crennell and East 131st Street at 4004 East 131st Street; said change of expansion being contrary to the Business District Requirements of Section 343.01 where by referenced and regulated from a One-Family District (Section 337.02(e)) and a Multi-Family District(Section337.08(e), Churches and Daycares are required to be 15’ from an adjoining premises in a Residential District not used for similar purposes and the proposed expansion is 6’ from a Two-Family District in the rear and contrary to the Non-Conforming Use Requirements where an expansion of a non-conforming use requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Codified Ordinances. (Filed 7-15-03; no testimony taken.)

 

First postponement requested due to appellant’s scheduling conflict.

 

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BOARD OF ZONING APPEALS

SEPTEMBER 29, 2003

 

POSTPONED FROM SEPTEMBER 15, 2003

 

10:30

Appeal of

Ward 18

Calendar No. 03-212:

Great Lakes Telephone LLC

Jay Westbrook

 

8901 Madison Avenue

 

 

Great Lakes Telephone, LLC, owner c/o Mark Higgins, agent, appeals from being denied by the Commissioner of Assessments and Licenses a private property permit application for a pay phone at 8901 Madison Avenue in a written notice dated July 8, 2003 under the authority of Section 670B.06, where the appellant is ordered to remove the telephone or comply with all the requirements that pertain to the telephone according to Chapter 670B of the Codified Ordinances. (Filed 7-23-03; no testimony taken.)

 

Postponed at appellants’ request 9-15-03. 

 

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