BOARD OF ZONING APPEALS
June 18, 2007

 

9:30   Ward 13
Calendar No. 07-51: 2248 West 7th Street Joe Cimperman
    12 Notices

Ronald Courey, owner, appeals to erect a 16’-8” x 42’ two-story single family residence with an attached garage, proposed to be on an irregular shaped parcel located in a B1 Two-Family District on the west side of West 7th Street at 2248 West 7th Street; subject to Section 327.02 a survey approval is required from the Division of Engineering and Construction and parking in the front setback area is contrary to Section 349.05; with a minimum lot area of 2,875 square feet provided where 4,800 square feet is required and where a 25’ lot width is provided, 40’ is required according to Section 355.04(a); and no building may be erected less than 10’ from a main building on an adjacent lot; no interior side yard is provided where 3’ is required and an aggregate of 8.4’ where 10’ is required in Sections 357.09(2)(A) and (B). Contrary to the Fence Regulations, a 7’ and 4’6” tall solid masonry retaining wall equaling a 12’ height is provided, where a fence or wall may not exceed a 4’ height and must be fifty percent (50%) open, as stated in Section 358.04(a) of the Codified Ordinances. (Filed 4-12-07)



9:30    
Calendar No. 07-52: 2250 West 7th Street Ward 13

Ronald Courey, owner, appeals to erect a 16’-8” x 42’ two-story single family residence with an attached garage, proposed to be on an irregular shaped parcel located in a B1 Two-Family District on the west side of West 7th Street at 2248 West 7th Street; subject to Section 327.02 a survey approval is required from the Division of Engineering and Construction and parking in the front setback area is contrary to Section 349.05; with a minimum lot area of 3,259 square feet provided where 4,800 square feet is required and where a 25’ lot width is provided, 40’ is required according to Section 355.04(a); and no building may be erected less than 10’ from a main building on an adjacent lot; no interior side yard is provided where 3’ is required and an aggregate of 8.4’ where 10’ is required in Sections 357.09(2)(A) and (B). Contrary to the Fence Regulations, a 7’ and 4’6” tall solid masonry retaining wall equaling a 12’ height is provided, where a fence or wall may not exceed a 4’ height and must be fifty percent (50%) open, as stated in Section 358.04(a) of the Codified Ordinances. (Filed 4-12-07)



9:30   Ward 15
Calendar No. 07-75: 4624 South Hills Drive Brian Cummins
    5 Notices

Lucy Miller, owner, appeals to erect a 24’ x 24’ x 11-8’ high pergola, proposed to be situated in the front yard of a 60’ x 115.41’ parcel located in an A1 One-Family District on the northwest side of South Hills Drive at 4624 South Hills Drive; the accessory use being contrary to Section 337.23(a), required to be on the rear half of a residence district lot and a minimum of 18” from all property lines; and subject to the limitations of Section 357.13, a front yard space shall be maintained free and unobstructed except for trees and shrubbery, and where parking is not a permitted encroachment; and the authority of the Board of Zoning Appeals is limited according to the provisions of Section 329.04(c)(1) of the Codified Ordinances.(Filed 5-11-07)



9:30   Ward 5
Calendar No. 07-76: 2700 East 47th Street Phyllis Cleveland
    5 Notices

Willkoff & Sons, LLC, owners and Jim Willkoff, appeal to use as a scrap yard an acreage parcel and existing building located in a General Industry District on the east side of East 47th Street at 2700 East 47th Street;, subject to the requirements of Section 345.04(a)(3) the use is permitted provided that it is enclosed within a minimum 7’ high solid masonry wall or slightly solid, non-transparent, well-maintained substantial fence set not closer to the street line than the setback building line; and Section 347.06(d) requires that the height of material shall not be piled higher than 3’ above the height of wall or fence enclosing the scrap yard, provided that, at any point closer then 5’ from the enclosure, the scrap yard material shall not be piled above the height of the wall or fence; with accessory off-street parking spaces, driveways and maneuvering areas required to be properly graded for drainage, so that all water is drained within the lot providing the parking spaces, surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material, maintained in good condition and free of debris and trash, as stated in Section 349.07(a) of the Codified Ordinances. (Filed 5-14-07)



9:30   Ward 11
Calendar No. 07-77: 17605 St. Clair Avenue Michael Polensek
  Violation Notice  

Michael Hribar, owner, appeals under the authority of Section 76-6 of the Cleveland City Charter and Section 329.02(d) of the Codified Ordinances from a Notice of Violation issued for the property at 17605 St. Clair Avenue by the Building and Housing Department for failure to comply with the regulations of Section 347.06 of the Codified Ordinances. (Filed 5-14-07)



9:30   Ward 6
Calendar No. 07-78: 2040 East 83rd Street Patricia Britt
    8 Notices

East 83rd and Carnegie LLC, owner and Ali Lofti Fard, appeal to construct a one-story grocery store and restaurant, proposed to be situated on consolidated parcels located in split zoning between General Retail Business and Multi-Family Districts on the west side of East 83rd Street at 2040 East 83rd Street; subject to the limitations of Section 337.08, a grocery store is not permitted in a Multi-Family District; and contrary to Sections 352.10 and 352.11, a 4’ wide frontage landscape strip is proposed where a 6’ width is required along the parking lot on East 83rd Street and Section 325.03 stipulates that parking spaces shall be at least 180 square feet and accessory uses shall be no less than 10’ from the side street line according to Section 357.05 of the Codified Ordinances. (Filed 5-15-07)



9:30   Ward 13
Calendar No. 07-79: 3200 Franklin Boulevard Joe Cimperman
    12 Notices

James Sosan and Franklin Lofts Condominiums LLC, owner, appeal to change use from a recreation center to 22 dwelling units and an accessory exercise room in an existing three-story brick building, situated on an approximate 203’ x 173’ corner lot in a B1-Two-Family District on the northwest corner of Franklin Boulevard and West 32nd Street at 3200 Franklin Boulevard; contrary to Section 355.04 and Area Requirements, in a “B” Area District, a maximum gross floor area of 52,094 square feet is proposed, where the maximum gross floor area may not exceed one-half the lot area or 17,170 square feet; and the proposed substitution of a nonconforming use requires the Board of Zoning Appeals approval according to the provisions of Section 359.01 of the Codified Ordinances. (Filed 5-15-07)

POSTPONED FROM MAY 21, 2007

10:30

Violation Notice

Ward 2

Calendar No. 07-18:

8200 Aetna Road

Robert White

Robert Modic, property owner, appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and Section 329.02(d) of the Codified Ordinances from a Notice of Violation, issued by the Building and Housing Department for failure to comply with the provisions of Section 676.13 and the requirements for screening of the property located at 8200 Aetna Road according to the Codified Ordinances. (Filed 2-6-07; no testimony taken.)

 

Third postponement requested by the Board for clarification from counsel for the appellant and their appeal.