TUESDAY, SEPTEMBER 6, 2016

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1 ` Board of Zoning Appeals 601 Lakeside Avenue, Room 516 Cleveland, Ohio TUESDAY, SEPTEMBER 6, 2016 Calendar No : 672 & 674 East 118 St. Waste Collection Appeal. Ward 9 Kevin Conwell Ralph Davis, owner, appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and Section (d) of the Cleveland Codified Ordinances and disputes the decision of the City of Cleveland Waste Collection to issue Civil Infraction Ticket Number WC , issued April 26, 2016 for the property known as 672 & 674 East 118 St.. and failure to comply with Section (B) in the Cleveland Codified Ordinances. (Filed July 29, 2016) Calendar No : 2125 West 41 Street Ward 3 B.R. Knez, owner, proposes to erect a 20 x 48 two story frame single family residence with attached 20 x 20 one story frame garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1. Section (a) which states that the Minimum required Lot Area is 4800 square feet and the appellant is proposing 3,375 square feet. This section also states that Maximum Gross Floor Area shall not exceed 50 percent of lot size or in this case 1,688sqft and the appellant is proposing 1,720sqft. The Minimum required Lot Width is 40 feet and the appellant is proposing 30 feet. 2. Section which states that the Required Front Yard setback is 16.8 feet and the appellant is proposing 11 feet. 3. Section (2)(B) which states that the required Interior Side Yard shall be not less than 7.75 feet where the appellant is proposing 5 feet. 4. Section (b)(4) which states that Open Porches shall be 10 feet from street line where Calendar No : 2131 West 41 Street Ward 3 B.R. Knez, owner, proposes to erect a 20 x 48 three story frame single family residence with a 20 x 20 one story attached frame garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1 P a g e

2 5. Section (a) which states that the Minimum required Lot Area is 4800 square feet and the appellant is proposing 3,375 square feet. This section also states that Maximum Gross Floor Area shall not exceed 50 percent of lot size or in this case 1,688sqft and the appellant is proposing 1,720sqft. The Minimum required Lot Width is 40 feet and the appellant is proposing 30 feet. 6. Section which states that the Required Front Yard setback is 16.8 feet and the appellant is proposing 11 feet. 7. Section (2)(B) which states that the required Interior Side Yard shall be not less than 6.75 feet where the appellant is proposing 5 feet. 8. Section (b)(4) which states that Open Porches shall be 10 feet from street line where Calendar No : 2125 West 41 Street Aka 2125 W. 40 Place Ward 3 B.R. Knez, owner, proposes to erect a 20 x 48 two story frame single family residence with detached 20 x 20 one story frame detached garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1. Section (a) which states that the Minimum required Lot Area is 4800 square feet and the appellant is proposing 3,375 square feet. The Minimum required Lot Width is 40 feet and the appellant is proposing 30 feet. 2. Section (a) Minimum accessory garage setback from all property lines is 18, proposing 12 (eaves & gutters included) and shall not project over property line. 3. Section (2)(B) which states that the required Interior Side Yard shall be not less than 6.75 feet where the appellant is proposing 5 feet. 4. Section (b)(4) which states that Open Porches shall be 10 feet from street line where Calendar No : 4909 Mead Ave. Ward 5 Phyllis E. Cleveland University Settlement, Inc., owner, proposes to change use of premises to facility and offices for social service programs in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of Section (b) which states that in a Two Family residential district, all uses are permitted as regulated in a One Family district. Per section (f)(3)(g), charitable institutions not for correctional purposes must be 30 feet from all other premises in a residential district, and require the review and approval of the Board of Zoning Appeals to determine if adequate yard spaces and other safeguards to protect the character of the neighborhood are provided, and if in the judgment of the Board, such buildings and uses are appropriately designed and will meet a community need without adversely affecting the neighborhood. (Filed July 22, 2016) 2 P a g e

3 Calendar No : 1330 W. 70 Street Ward Notices Westlake Capital, owner, proposes to rehabilitate two residential structures on one parcel in a B1Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1. Section (a) which states that accessory off street parking spaces shall be located on rear half of lot. 2. Section which states that two accessory off street parking spaces are required and zero legal spaces are provided. 3. Section (a) which states that no off street parking space shall be allowed in front setback building line: Zero provided. No off street parking space shall be located within 10 feet of any wall of residential building that contains ground floor windows that provide light and ventilation for such building. (Filed July 26, 2016) Calendar No : 5515 Ira Avenue Ward 13 Kevin J. Kelley 33 Notices Cleveland Metropolitan School District, owner, proposes to construct a new PreK-8 school in a B1 Two-Family Residential District. The owner appeals for relief from Section of the Cleveland Codified Ordinances which states that by reference per (f)(3), a school is required to be not less than 30 from any adjoining premises in residence district not used for a similar purpose and subject to BZA approval. (Filed July 27, 2016) Calendar No : 1538 E. 31 St. Ward 7 TJ Dow 25 Notices K1537 E. 31 St., Et. Al, owner, proposes to change use from office to 51 apartment units in a C3 Semi-Industry Zoning District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1. Sections (b)(2)&(4) which state that a 20 foot minimum rear year is required and a 6 foot rear yard is proposed. 2. Section (2)(C)which states that an 8 foot side street yard is required where a 7 foot side street yard is proposed. 3. Section (a) which states that 51 parking spaces are required and 26 parking spaces are shown on the lot. 4. Section (a) which states that the Maximum gross floor area of building cannot exceed ½ lot area in a C District; in this case 19,866 square feet are allowed where: 65,896 square feet are proposed. 5. Section which states that a 6 foot wide landscape strip is required between parking lot and E. 31 st St. and a 4 wide land scape strip is proposed.(filed July 27, 2016) 3 P a g e

4 Calendar No : 6104 West Clinton Ave. Ward 15 Peter Glynias, owner, proposes to erect a 30 x 31 three story frame single family residence with attached open front porch and detached 22 x 24 garage in a B1 Two-Family Residential District. The owner appeals for relief from the following sections of the Cleveland Codified Ordinances: 1. Section which states that the maximum height allowed is 35 feet and 40 feet are proposed. 2. Section which states that the Maximum Gross floor area shall not be less than 50 percent of lot size or in this case 3,341square feet and the appellant is proposing 3,662 square feet. 3. Section (a) which states that the required front yard setback is 27 feet and 6 inches where 24 feet are proposed. 4. Section (2)(B) which states that the Minimum required interior side yard is 10 where the appellant is proposing 3. (Filed July 27, 2016) Calendar No : 1408 West 58 St. Ward 15 CPD Realty and Holdings, owner, proposes to erect a 20 x 20-4 one story frame attached garage to existing single family residence in a B1 Two-Family Residential District. The owner appeals for relief from the following sections of the Cleveland Codified Ordinances: 1. Section (b)(2)(B) which states that the required interior side yard is 6.65 where the appellant is proposing Section (b)(1) which states that the required rear yard is 26-6 where the appellant is proposing 1-6. (Filed August 2, 2016) Calendar No : 6410 Detroit Avenue Ward Notices St. Helena Romanian Catholic Church, owner, and the Suon Group propose to establish use as a restaurant with a patio in a C2 Local Retail Business and a Pedestrian Retail Overlay District (PRO). The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances: 1. Section (f) which states that accessory off street parking is required at the rate of one space for each four seats plus one for each employee. Per Zoning Code Section (i) in a Pedestrian Retail Overlay District the formula is reduced by one third, resulting in 26 accessory off street parking spaces, and one per 2/3 the number of employees required and no parking is proposed. 2. Section343.23(g)(2) which states that no portion of an interior side yard located within forty (40) feet of Pedestrian Retail Street Frontage shall exceed four(4) feet in width on the ground floor level, unless the City Planning Commission has approved a driveway or a residential side yard in such location as a Conditional Use. 4 P a g e

5 3. Section (h) which states that for any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front façade between two and one-half (2-1/2) and seven and one half (7-1/2) feet in height shall be composed of transparent windows or doors. (Filed August 5, 2016) POSTPONED FROM AUGUST 1, 2016 Calendar No : Miles Ave./Violation Ward 2 Notice Zachary Reed Badran LLC, owner, appeals under the authority of Section 76-6 of the Charter of the City of Cleveland and Section (d) of the Cleveland Codified Ordinances from a Notice of Violation Number V issued on May 28-, 2016 by the Cleveland Department of Building and Housing for failure to comply with Sections (C) of the Cleveland Codified Ordinances which states that there shall be no change, substitution, or extension of use until a Certificate of Occupancy has been issued. The Violation further cites failure to comply with sections , , which state that motor vehicle sales, repairs or service of any kind shall not be permitted in Residential Districts or Local Retail Districts and a Motor Vehicle Repair Garage is not permitted in a General Retail Business District. (Filed June 6, 2016-No Testimony). FIRST POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT. 5 P a g e