Board of Zoning Appeals

You can watch the meeting live on the City Planning Commision’s Youtube channel: https://www.youtube.com/channel/UCB8ql0Jrhm_pYIR1OLY68bw/

Here is a link to the full meeting agenda. I will post the relevant portions of the agenda as projects are discussed.
https://planning.clevelandohio.gov/bza/agenda/2021/crr09-13-2021.pdf

A little background on the Board of Zoning Appeals: it is a 5-member body responsible for hearing appeals from individuals who are requesting exceptions or variations for City Ordinances in regard to land use and building requirements.

The Board also hears appeals from individuals who are questioning the appropriateness of orders made by City officials.

On today’s agenda are nine projects: four on the east side and five on the west side. Three of today’s projects are new on Board’s agenda, while the other six were originally on prior meeting agendas but were postponed.

There are currently four sitting-members of the Board of Zoning Appeals: Kelley Britt ( Chairperson ), Tim Donovan, Myrline Barnes, and Alanna Faith.

Board members present at the beginning of the meeting are Ms. Britt, Ms. Faith, Ms. Barnes, and Ms. Terri Hamilton Brown. Board Secretary, Elizabeth Kukla, introducing the meeting’s ground rules with a preamble and begins the meeting.

Agenda Item for 10011 Clifton Blvd. was withdrawn from today’s agenda. Kulka stated that the request was withdrawn by architect’s group, who will go forward with proect as residential. https://t.co/1lPBWfr04f

Postponed were the agenda item for 13001 Dove Ave. and 2280 W. 6th St. Both projects were postponed to allow time for the applicants to meet with the block club. Both projects were postponed until meetings in October. https://t.co/ltGTEsMLnJ

Councilman Kazy is present at the meeting, so the Board begins with the project in his ward.

Discussion begins on agenda item: Calendar No. 21-095: 14526 Puritas Ave, Ward 16 https://t.co/o4dD3dSbhw

Melissa Miller and Councilman Kazy are both sworn into testify.

The owner proposes to use the premises as a Motor Vehicle Service Station in a C2 Local Retail Business District. This agenda item was postponed from the Board’s July 12th meeting due to an attorney scheduling conflict.

After issues with unmuting, Attorney Sam Zingale and property owner Saady Hashem are sworn in to testify. https://t.co/Wc2tYyk4ny

Attorney Sam Zingale stated that the gas station was purchased by the owner in 2005. In 2018, the owner attempted to lease the gas station to another company, but “that never occurred.” In 2020, the owner again tried to lease the premise but that did not also occur.

According to Zingale, although the gas station has been closed, the owner has “never discontinued” its use and has paid taxes to the state of Ohio for gas pumps.

In response to the question, when the gas station was last operating, Mr. Hashem (the owner) says it was last operated by him in 2017. He then says that he was unsuccesful in leasing the property since then.

Board member Britt asked what the owner is seeking, because the gas station has not been used for over two years. Zingale says the applicant is seeking a use as a gas station.

Melissa Miller, development director from the local community development corpartion, gave background info on the property. The property was rezoned by the city in order to stop the expansion of automotive lots on Puritas. “We decided to take the zoning down to local retail.”

“We are opposed to granting a variance,” says Miller for use as a variance for this site a gas station.

Councilman Kazy says that the gas station has not been in operation since at least 2015 when he was elected to council. “The neighborhood is well represented when it comes to gas stations and auto repairs.” He is against granting a variance for use as a gas station.

Maurice Reulens from the city says that the city is also opposed to granting a variance for the use of the property as a gas station, citing the rezoning done by the city on Puritas Avenue in recent years.

Attorney Zingale stated, “I just think its unfair to take a business that’s been there for so long without complaint until recently,” and not to grant a variance.

Hasem says that he could have somebody ready tomorrow to move into the gas station. And that he was surprised to find that the councilman changed the zoning, and that he needs electricity.

Attorney Zingale requests 60-day postponement on the matter to see if the owner “can change the dynamics of the station.”

Boardman Kazy asks for a meeting as soon as possible, as the owner indicated he was ready to have a lessee as early as tomorrow. Britt offered to give the appellant 30 days. Zingale asks if the owner can withdraw the application and reapply.

Zingale says that the owner will take the 30 days, and if they cannot come up with a solution before that time, they will withdraw the application. The matter is rescheduled until Oct. 25th

Discussion begins on agenda item: Calendar No. 21-136, 14930 St. Clair Ave. Ward 10. https://t.co/jMlDk8sydt

Councilman Anthony Hariston is present and swears in to testify, as well as Taneesha Reese, Mikki Smith, and Cynthia Brooken with the Greater Collinwood Development swears in to testify.

The owner of the property proposes to establish use as a banquet hall in a C2 Shopping District. Cleveland’s code does not permit banquet halls in a shopping center district. https://t.co/6ayEbpvGyN

Maurice Ruelens from the city says that the issue in the case is that the zoning does not allow for the use of a party center in the district. https://t.co/pKZDHyE5Sn

The owner Taneesha Reese says that she runs a party event business for five years, at this time she goes from site to site with a truck renting party furniture. The site is located near St Clair next to the laundrymat. https://t.co/xaodWBtQGc

“The CDC [community development corporation] is in favor of her having her business there,” says Cynthia Brookes from Collinwood CDC.

The applicant says that due to her day job, the events she would host would likely be held during weekends. In response to safety concerns and lighting, Brookes indicates that the owner of the lot is set for improvements. https://t.co/mXBg0l8MON

“I have no unreadiness with moving this forward,” said Councilman Hariston after sharing feedback from his conversations with the application.

Board Member Faith asks about hours of operations. The applicant says that the events will end by midnight and there will be no alcohol on premises.

Board Member Faith moves to approve the variance, stipulating that it is conditional on the premises being closed by midnight, there is no alcohol on premises, and that there is security at the events (per the the councilman’s request).

The motion is seconded. And it is granted unanimously with the stated conditions.

Discussion begins on agenda item: Calendar No. 21-132: 1430 E. 45 Street, Ward 10

As a courtesy to Councilman Hairston, the case is taken out of order.

The owner, Cleveland Housing Network, proposes to erect a three-story, 50-unit apartment building to provide housing, services, and counseling for ‘transitional age youth’ in a B1 Multi-Family Residential District. https://t.co/nEjWqRIkXi

This agenda item was postponed from the Board’s August 23rd meteting due to a misprint on the adjudication.

Ben Ockner, attorney for the Cleveland Housing Network, and Ellen Kirtner-LeFleur, Brian Grambort, and Richard Carr, Keyoni Rates (Frontline Services), Robert Brown (for CHN), Andrew Weingart (neighbor), Christie Sozio, Angela Glasgow (Frontline) swear in to testify.

The owner, Cleveland Housing Network, proposes to erect a three-story, 50-unit apartment building to provide housing, services, and counseling for ‘transitional age youth’ in a B1 Multi-Family Residential District. https://t.co/YA4a67IZIr

Maurice Ruelens from the city says that the project is seeking an area variance and landscaping variance. https://t.co/aMqReXiHSR

According to Ben Ockner, the project is housing for youth ages 18 -24, as transitional housing for youth who have aged out of foster care.

“This is a parcel that CHN has owned for a number of years, going back to 2004,” says Ellen Kirtner-LeFleur. It was granted variances before for town homes, but the project was not developed due to the housing crash.

The project includes “38 one-bedroom units and 12 two-bedroom units” to support “young adults, who are parenting,” according to Kirtner-LeFleur.

According to architect Brian Grambort, this project has “66 percent of its area as apartments.” It is a three-story building, and he states that the project has a z-shaped design to prevent imposing on the single-family houses on the street.

https://t.co/CHAuetgGhK

“There will be a staff member assigned to this building for 40-hours a week,” said Keyoni A. Rates to provide wrap-around services for residents to help exit homelesness permanently.

“We can’t go any smaller, because the economic viability doesn’t exist,” according to Richard Carr from EDEN, who went into the cash-flow aspects of the development, discussing the need for the number of units in the project.

The project “fits the character of the surrounding neighborhood,” said Bob Brown, former director of the city’s planning department. And without variances would “face hardships.” “The denial would deny the property owner substantial property rights,” Brown says.

“I’m a little taken aback,” a neighbor, Mr. Weingart, said referring to the outreach regarding the project. His testimony is against the project, caliing it “prison-like.” He said that the project “does not fall in line with the aesthetics of the neighborhood that we live in.”

“I am not opposed to the variance,” said Councilman Hairston, who said there is still a lot of time to work with the developer “to get it right” in working with residents and the city going forward.

Maurice Reulens from city planning read a statement from Kim Scott from city planning, who had to leave the meeting early, stating that the city “enthusiastically supports” this project.

Clerk Kukla read a letter of objection from a property owner on the street who opposes the projected due to concerns over parking, a decrease in her property values, and the density of the develpment.

Board Member Brown (who is new tothe Board) asked about the height of the fence, citing the neighbors concern. Grambort referred to Eden’s designs for other projects and said that such a fence was necessary to provide a secure feeling for residents.

Clerk Kukla asks about whether the fence will be set back. Grambort says that the fence will be set back, and he will resend the plans to make sure the plans are received.

Board Member Faith moves to approve the variances. Ms. Barnes seconds. The variances are granted unanimously, conditionally on the receipt of the revised site plans.

Discussion begins on agenda item: Calendar No. 21-140: 2054 Fulton Rd. Ward 3

The owner of the property proposes to establishe use as a restaraunt in a B3 Two-Family Residential District. https://t.co/L6x0Zk35La

Matt Moss from City Planning, Andrew Larussi from property owner the Dalad Group, and neighbor Paula Miller swears in to testify. https://t.co/ouFz1Vty1o

“We’ve identified a user and a lease is signed,” said Andrew Larussi from Dalad Group, who is the property owner. The group wants to put in a pizza restaraunt, Cha, that previously operated in Battery Park and on Whitman Ave. https://t.co/tzz5BTdaQI

“The day to day space is all on the first floor,” said Larussi, indicating that the second floor of the house is proposed to be used for private parties. The plans include a patio on the side of the house, fronting Fulton Rd. https://t.co/uLItVXS6wZ

“It looks like live entertainment is propsoed, and it was not caught in the notice of non-conformance,” said Clerk Kukla, referring to a stage that is included in the plans, which the owner says could be used for musical performances.

“We are already experiencing difficulty finding on-street parking,” said Paula Miller a neighbor of the project on Fulton Rd. “Any more traffic is going to make it more dangerous for vehicles and pedestrians.”

Matt Moss from city planning said that the building has used the space as “a place of assembly” for a very long time, although it is located in a residential area. Moss also spoke in favor of the parking variance.

Chairwoman Britt asked if there was a letter from the councilman or block club in support of the project. LaRussi shared a message from two block clubs in the neighborhood, who indicated they were supportive of the project.

Board Member Faith asked if there is a bike rack included in the plans. LaRussi indicates that there will be one included.

Faith asked about parking. LaRussi discussed that the owner is trying to work out a parking agreement with either the Metro dental clinic at the intersection and the Planet Fitness across the street to create parking arrangements.

Paula Miller asked about the possibility of getting permit parking for the residents in the neighborhood. Board member Britt stated that they do not have jurisdiction to offer such.

After discussion, Board member Faith moved to approve the variances, conditional the addition of a bike rack, a letter prividing the hours of operations of the project, and the removal of the stage. The project was approved unanimously. No parking contract was required.

Discussion begins on agenda item: Calendar No. 21-109: 3912 East 155th Street, Ward 1 https://t.co/yAEOfQ8HPH

The owners propose to establish use as a Residential Facility for six occupants in an A1 One Family Residential District. This item was postponed from the Board’s August 2 meeting to allow time for the applicant to contact the local councilman and prepare operations information. https://t.co/uPjiCipeIA

“I got over 100 signatures,” said owner Rita Davidson, who collected signatures from her neighbors on the advice of Councilman Jones, who she said was not officially in support of the project due to his focus on the election, said Davidson.

Davidson said that she would only have five residents in the home, which would make the legal standard different to only require an area variance for the project.

According to Maurice Reuleuns from the city, the city does not necessarily object to the project but does not necessarily support the project. But he said “it would not be fair” to the applicant to make her wait for after the election.

Board Member Faith moves to approve the variances for Calendar No. 21-109, 3912 E. 155th St, conditional that it is for five female occupants and not six occupants. The variance is granted unanimously.

Discussion begins on agenda item: Calendar No. 21-125: 4815 Franklin Blvd, Ward 3 https://t.co/YopWrtHV6L

The owner proposes to erect a three-story, 12,750 square foot, 24-unit residential building in a B1 Two-Family Residential District.

This agenda item was postponed from the Board’s Aug. 16 meeting to allow time for the Planning and Landmark’s Commission to review new outdoor spaces and landscaping.

“Originally we received a parking variance for 20 spaces,” said Jordan Fitzgerald. But after engineering the site plans, “the maximun amount of spaces we can fit is 15.” https://t.co/MsGSdSiudL

Davidson indicated that the owner has signed an agreement with the neighboring church for an additional 10 parking spaces.

The new plans include additional landscaping, said Davidson. https://t.co/aSoKms5fRz

A “six-foot high privacy fence” would be included in the site design to partially enclose the dumpster enclosure onsite. https://t.co/cs2OclUevC

“In a lot of ways, it’s better than the original plan,” said Donald Petit from the Landmarks Commission. “Landmarks fully supports,” the new plan as proposed and does not object to the variances, said Petit.

“We overwhelming support this new site plan,” said Maurice Ruelens from city planning.

Chair Member Faith moves to approve the variances for Calendar No. 21-125: 4815 Franklin Blvd, Ward 3. The variances are granted unanimously, conditionally on receipt of the revised final site plan.

Old Business is passed without objection.

A request for upcoming postponement for a project at 11409 Wade Park Ave. is approved and rescheduled for the Board’s Oct. 11 meeting. https://t.co/Ztbmgu7r9W

It was noted that the Board will not be meeting on Oct. 18, because it will lack a quorum.

A second postponement for a property on Auburn Ave. was also approved and rescheduled for the Board’s meeting on Oct. 11

The meeting was adjourned at 12:28 pm.