BOARD OF ZONING APPEALS
April 30, 2007

 

9:30   Ward 6
Calendar No. 07-38: 7807 Cedar Avenue Patricia Britt
    30 Notices

Dionne Carmichael, owner, appeals to change use from a dwelling unit to independent housing for ex-offenders, situated on a 42’ x 159.64’ parcel located in a Local Retail Business District on the north side of Cedar Avenue at 7807 Cedar Avenue; the existing side yard conditions being 10’ on the east and 4’ on the west, contrary to 8’ for required interior side yards according to Section 357.09(b)(2)C; and the provisions of Section 349.05(a) require that no parking shall be located within 10’ of a residential building wall, if it contains a ground floor opening designed to provide light or ventilation for such building; and accessory off-street parking is required at the rate of one space for each four beds, plus one for the owner, operator or manager living on the premises and one for each employee expected on the premises, according to Section 349.04 of the Codified Ordinances. (Filed 3-26-07)



9:30   Ward 13
Calendar No. 07-41: 2314 West 6th Street Joe Cimperman
    4 Notices

Sammy Ross Catania, owner, appeals to erect a 15’ x 20’ one-story, frame garage addition at the north side of a one and a half-story single family dwelling, situated on a 33’ x 70’ parcel located in a Two-Family District on the west side of West 6th Street at 2314 West 6th Street; the interior side yards being 1.3’ and 1.2’ equaling a total of 2.5’ where no main building shall have an aggregate width of side yards on the same premises less than 10’ as stated in Section 357.09(b)(2)B of the Codified Ordinances.(Filed 3-29-07)



9:30   Ward 14
Calendar No. 07-43: 3181 West 41st Street Joseph Santiago
    18 Notices

The Catholic Diocese of Cleveland and St. Procop Church, owner, and Sister Annette Amendolia, agent, appeal to install an industrialized trailer for food distribution, proposed to be located on a portion of the church property that is situated on a 270’ x 315’ corner parcel in split zoning between Multi-Family and Two-Family Districts on the southeast corner of West 41st Street and Trent Avenue at 3181 West 41st Street; where the church and proposed addition are located in both Multi-Family and Two Family Districts and required to be not less than 15’ from any adjoining premises in a Residence District not used for a similar purpose; and the expansion of a nonconforming use requires the Board of Zoning Appeals approval, according to the provisions of Section 359.01(a) of the Codified Ordinances.(Filed 4-3-07)



9:30   Ward 4
Calendar No. 07-44: 12302 Buckeye Road Kenneth Johnson
    11 Notices

Steve Borovitz, owner, appeals to change use from a store to a carry-out restaurant an existing one-story building, situated on a 40.47’ x 147.72’ parcel located in a Residence-Office District on the south side of Buckeye Road at 12302 Buckeye Road; the proposed change of use being subject to the limitations for existing nonconforming buildings and uses where no enlargement or expansion shall be permitted except as a variance under the terms of Chapter 329, and no substitution or other change in such nonconforming use to other than a conforming use shall be permitted except by special permit from the Board of Zoning Appeals. Such special permit may be issued only if the Board finds after public hearing that the substitution or other change is no more harmful or objectionable than the previous nonconforming use in floor or other space occupied, in volume of trade or production, in kind of goods sold or produced, in daily hours or other period of use, in the type or number of persons to occupy or to be attracted to the premises, or in any other characteristic of the new use as compared with the previous use, as stated in Section 359.01(a) of the Codified Ordinances. (Filed 4-4-07)

POSTPONED FROM MARCH 26, 2007


10:30 Ward 14
Calendar No. 07-26: 2704 Clark Avenue Joseph Santiago

Gerald Zahler, owner, and Gennie Rodriguez d.b.a. La Copa Sports Bar, tenant, appeal under Section 76-6 of the Cleveland City Charter and Section 329.02(d) of the Codified Ordinances from being denied a Dance Hall License by the Commissioner of Assessments and Licenses, upon the disapproved Application for Dance Hall License by the City of Cleveland Safety Department, pursuant to Section 690.03 of the Codified Ordinances.



10:30 Ward 14
Calendar No. 07-27: 2704 Clark Avenue Joseph Santiago

Gerald Zahler, owner, and Gennie Rodriguez d.b.a. La Copa Sports Bar, tenant, appeal under Section 76-6 of the Cleveland City Charter and Section 329.02(d) of the Codified Ordinances from a denied Application for Music Permit by the Commissioner of Assessments and Licenses upon the recommendation of the City of Cleveland Safety Department.

First postponement requested by counsel for the appellant for time to review the file and City records.