Board of Zoning Appeals
Cleveland Board of Zoning Appeals
Monday, June 13, 2022
9:30 a.m. — 11:30 p.m. EDT
601 Lakeside Ave Cleveland, OH 44114 (Directions)
Room 516
The Board of Zoning Appeals 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 or from individuals who are questioning the appropriateness of orders made by city officials. Find live streams of meetings here: https://www.youtube.com/channel/UCB8ql0Jrhm_pYIR1OLY68bw
Check the source website for additional information
Reporting
Edited and summarized by the Cleveland - OH Documenters Team
Resident comments that neighbors were not being heard in development cases regarding density in their neighborhood
“The Board of Zoning Appeals (“BOZA”) 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…”
https://planning.clevelandohio.gov/bza/cpc.html https://t.co/jYPfD7drMH
BOZA Board Members
Kelley Britt
Terry Hamilton Brown
Myrline Barnes
Alanna Faith https://t.co/kOz2SzMBIz
BOZA Agenda for June 13, 2022
https://planning.clevelandohio.gov/bza/agenda/2022/crr06-13-2022.pdf https://t.co/1tOx0bzeB7
Sec. Kukla has roll called
Terri Holter
Nina Holza
Kelley Britt
Terry Hamilton Brown
Myrline Barnes
Alanna Faith
No. 22-097, which concerns 793 Starkweather Ave, had requested a postponement for community engagement.
BOZA granted an additional week. https://t.co/bUU63tVYfh
City Planner Matthew Moss was sworn in to provide testimony on Calendar No. 22-053.
Moss stated, “I don’t believe it is possible based on the cite plan or the physical constraints of the property for the appellant to comply or modify their plan.” https://t.co/IBXe7qRLw0
Moss continued, “They can’t physically add land to provide in order to provide off-street parking to be complaint nor can they add land in order to increase their lot size…” https://t.co/F7Q8wwozkU
Moss, “I certainly encourage all appellants to engage with the community and engage with the CDC…In this case, it has already been postponed once…” https://t.co/51KSHzA0iJ
Moss, “There is a lot next door to this & we always work with the CDC in this area to try to develop those lots as home instead of expanding them for parking.”
Appellant Jordan is present and shares that they are trying to turn the building into a tri-plex.
Chair Kelley granted 30 day postponement for calendar No. 22-053, July 25, 2022.
Calendar No. 22-097, concerning 1303 West 65 street has been withdrawn.
At this time the appellant does no want to move forward with the variance. https://t.co/8lquVd1tEb
BOZA first case was Calendar No. 22-70
In Ward 10 @ 650 E. 93 Street, Ann Shotwell is appealing a Public Works Invoice regarding grass cutting at the property. https://t.co/hUWrnOSbT5
Natasha Bruister, Mr. Shotwell, and LaRhonda Talton were sworn-in to provide testimony for https://t.co/Km8uS6I33w
Victor Shotwell, the son of Ann Shotwell, alleged someone dumped 30 to 35 tires on the yard. He placed the tires on the curb for pickup then received a bill. https://t.co/EcindsRaJk
The public works invoice was not concerning grass cutting, but a bulk pickup of the tires.
Chair Kelley asked Mr. Shotwell if it was appealled and what happened at the hearing.
Mr. Shot well explained that he did but did not receive a hearing and was denied via letter.
Natasha Bruister disputed that this was for a bulk pickup but was in fact for grass cutting. She stated Mr. Shotwell was sent a hearing form with a date and he did not show up.
“This is for grass cutting only.”
Mr. Shotwell, “What they bill me for is the vacant lot next to my property. This is not my lot.”
He disputes that he owns the lot adjacent to his property.
Honestly, a quick examination of the deed they signed it looks like he doesn’t own the lot with the house but the vacant lot and someone else owns the house with the lot.
Alanna Faith proposes offering a reduction of 50% to the Shotwells.
BOZA tentatively agrees. https://t.co/V7jyIbn9vT
Mr. Shotwell would like to remove his mother’s name from the lot.
Maurice Ruelens recommended he contact the Cuyahoga County Fiscal Office.
Sworn in for testimony:
Dave Rudiger, 2207 West 11
Jim Clarke, 1101 auburn
Cory Riordan, Tremont West https://t.co/1FbVhwU9mw
Jim Clarke, architect, reviewed the plan which includes an expansion of the restaurant. It would replace the grocery store behind Southside.
They are requesting exemptions from parking and setback requirements. https://t.co/RbcBDXgzaM
BOZA first case was Calendar No. 22-70
In Ward 10 @ 650 E. 93 Street, Ann Shotwell is appealing a Public Works Invoice regarding grass cutting at the property.
Natasha Bruister, Mr. Shotwell, and LaRhonda Talton were sworn-in to provide testimony for
Victor Shotwell, the son of Ann Shotwell, alleged someone dumped 30 to 35 tires on the yard. He placed the tires on the curb for pickup then received a bill.
The public works invoice was not concerning grass cutting, but a bulk pickup of the tires.
Chair Kelley asked Mr. Shotwell if it was appealled and what happened at the hearing.
Mr. Shot well explained that he did but did not receive a hearing and was denied via letter.
Natasha Bruister disputed that this was for a bulk pickup but was in fact for grass cutting. She stated Mr. Shotwell was sent a hearing form with a date and he did not show up.
“This is for grass cutting only.”
Mr. Shotwell, “What they bill me for is the vacant lot next to my property. This is not my lot.”
He disputes that he owns the lot adjacent to his property.
Honestly, a quick examination of the deed they signed it looks like he doesn’t own the lot with the house but the vacant lot and someone else owns the house with the lot.
Alanna Faith proposes offering a reduction of 50% to the Shotwells.
BOZA tentatively agrees.
Mr. Shotwell would like to remove his mother’s name from the lot.
Maurice Ruelens recommended he contact the Cuyahoga County Fiscal Office.
Sworn in for testimony:
Dave Rudiger, 2207 West 11
Jim Clarke, 1101 auburn
Cory Riordan, Tremont West
Jim Clarke, architect, reviewed the plan which includes an expansion of the restaurant. It would replace the grocery store behind Southside.
They are requesting exemptions from parking and setback requirements.
Chair Britt, “This is pretty clear cut.”
BOZA motioned to approve requests by the appellant correlated to Calendar No 22-080, concerning 2207 West 11 Street.
Calendar No. 22-92
Sworn in for testimony:
Rick O’Connor, appellant 4311 Orchard
Paul Beegan, Beegan Architectural Design
Gary Boska https://t.co/3um56O6AxG
Sec. Kukla requested to hear Calendar No 22-92, 4311 Orchard Ave and Calendar No. 22-93: 4308 Peach Ct. together.
She explained the history of the project, with a recent spliting of the lot. https://t.co/F5xg1Al4oj
Larry Apple reviewed his journey with the lot, explaining he purchased them from the Cuyahoga County Land Bank.
Beegan reflected on the project, “The variances requested are because of the lot sizes once the lot sizes were split in 2…Providing 2 single-family houses.” https://t.co/MQ3CpEX4hD
Rick O’Connor speaks out against the appellant,
“This property should never have been split. The people on our street are vehemently opposed to splitting of lots and building a second rear house behind them. It is taking up the solar air rights.”
O’Connor, “We fully support one house on the lot, not two…Please, deny this, I beg you.”
O’Connor’s full comments https://t.co/SzvQelktRl
Gary Boska, another resident, seconds O’Connor’s comments.
“We support the idea of building a house on the lot, but 2 houses would be excessive, and there’s no good reason for it. I’m sure Mr. Apple would not like living next door to 2 houses if he was living there.” https://t.co/VOZsWSgTqG
Architect Beegan responded to critiques arguing the two proposed properties would be in alignment without lots in the vicinity, and while sympathetic about solar air rights, believed there would be a limited effect. https://t.co/3Wbr0jj45F
Maurice Ruelens, “Very consistent with what the City is doing, consistent with increasing density in neighborhoods.”
Ruelens’ complete comments https://t.co/v0BFoc4TC1
O’ Connor responded and disputes Beegan & Ruelens,
“It is not true that the parcel right to the east is two split parcels. It’s a full sinhowgle-family home that lives there…”
O’Connor continued,
“Please, stop this density. The City of Cleveland, this is the wrong way to go about getting increased taxes. Please respect your residents that have been there for 40, 50 years. There are 8 or 9 other residents who vehemently oppose this.” https://t.co/PIWfvIlDxr
Lawrence Apple shared that he met with the local block group and received their approval.
Boska began to dispute this but was told to wait.
Mr. Apple shared the immediate neighbor gave approval. https://t.co/EuKGHKIDjN
Boska disputed the notion the neighbors were adequately notified of the block club meeting,
“They keep on purposely keeping the neighbors out. There are a lot of lots that neighbors want to turn into green space but the City keeps denying the purchase.” https://t.co/NDjOfLioDo
BOZA member Terri had a comment and question. She appreciates the consistency of the project with newer construction.
Her question was, “What is the actual width and side yard dimensions from the house to the neighbor to alley?” https://t.co/Sp6TANNpXQ
Beegan answered, “[The front house facing Orchard Ave has a] 6 feet setback…approximately 9 to 10 feet so from the adjacent house.”
“We positioned both the house houses so there is a private yard for each of the houses.” https://t.co/MAYx7CYDWt
BOZA Member Terri, “How close to the alley?”
Beegan, “On the front house, it is 4 feet. On the rear house, it is approximately 8 feet.”
Faith asked if the detached garage is loading onto the alley.
Beegan answered that it is.
O’Connor has another comment but is told they are no longer taking comments.
Faith reviewed the history of the project and justifies the project against the criticisms of the two neighbors,
Boska interjected, “She wouldn’t want to live there.”
Faith continued with BOZA’s rationalization for approving the project.
Faith motioned to approve the variances. It was seconded by BOZA member Barnes. https://t.co/nzrbzWg4Ms
O’Connor protested vehemently.
Boska, “Why do you bother? You had your mind made up before this meeting so why do you bother having us waste your time telling you?”
Both local residents are upset and spoke out against the BOZA process and apparent predetermined decision. https://t.co/d3wphPvzYJ
The Shiloh Temple House of God is seeking to expand and construct a new church. https://t.co/id8GXWMEXF
Calendar No. 22-094
Legal Standards and variance(s) requested by appellant
Appellant has requested a use and area variance. https://t.co/ChWma4ptfE
Wanda Best was sworn in to provide commentary as spokesperson for the case. She explained they requested the variance due to a foot difference between the rear neighbor’s lot. https://t.co/93R1voAw7q
Aaron Appell, the project’s civil engineer, explained the reason for the variances.
Ruelens chimed in that he worked closely with the project to reduce the size of the building to grant the variance. https://t.co/mueZMOEcQO
Liz Kukla asked for an explanation about the one foot adjustment.
Ruelens explained BOZA can grant certain exceptions to the setback rule, and he had the developer push the building back far enough to qualify for the exception. https://t.co/Hmz08dYS98
BOZA motioned to approve Calendar No. 22-094 and their variances were granted conditionally.
BOZA approved old business items 1-6 without objection.
2 requests for reinstatement were approved without objection. https://t.co/uIe04tKhcG
The Monday, June 13, 2022, the Cleveland Board of Zoning Appeals meeting adjourned at or around 11:15AM.
There is no quorum next week.
The next BOZA meeting is Monday, June 27, 2022. https://t.co/sFavYuZ17A
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Attachments
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Agency Information
Cleveland Board of Zoning Appeals
The Board of Zoning Appeals 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 or from individuals who are questioning the appropriateness of orders made by city officials.
Find live streams of meetings here: https://www.youtube.com/@ClevelandPlanningCommission/streams