Board of Zoning Appeals

Cleveland Board of Zoning Appeals
Development

Monday, Dec. 12, 2022
9:30 a.m. — 11:30 a.m. EST

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601 Lakeside Ave Cleveland, OH 44114 (Directions)

City Hall (Watch via YouTube), 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.

Board Members

  • Kelley Britt (Chair)
  • Terri Hamilton-Brown
  • Nina Holzer
  • Alanna Faith
  • Priscila Rocha

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

Live reporting by Giorgiana Lascu

Board approves Ward 6 daycare, denies Ward 17 event space

Giorgiana Lascu @glascu 2/58

14750 Triskett Rd - Owner Keith Sulzer proposes to erect a 20’x 20’ one story gable pole barn for storage.

Giorgiana Lascu @glascu 4/58

14750 Triskett Rd - Owner Keith Sulzer’s proposal was approved.

Giorgiana Lascu @glascu 5/58

15736 Lorain Ave (Aka 15722 Lorain Avenue)- Annette Pakis, proposes to establish use as assembly/meeting/party venue.

Giorgiana Lascu @glascu 6/58

In October there was a use violation at the property. There was a similar request before and was denied despite extensive testimony.

Giorgiana Lascu @glascu 7/58

Ms. Brown, who is leasing the building, of LeSweets says she’d like to have business meeting, retirement parties, engagement parties, and milestone events at her space. Proposed hours of operation are 11am-10pm Friday, Saturday, Sunday. No alcohol will be allowed.

Giorgiana Lascu @glascu 8/58

Steve Lorenz speaks out against the variance because Westpark has many party centers, there’s no written parking plan, owner will rely on street parking. He firmly states, “We [neighbors] don’t trust the owner to follow the rules as she has not done so before.”

Giorgiana Lascu @glascu 9/58

Susie Coreno also speaks out against because stating several reasons: zoning variances are permanent, it’s a high traffic area, it’s hard to make a right onto the street, working families are home during those hours, her driveway has been blocked several times.

Giorgiana Lascu @glascu 10/58

There was a neighborhood meeting where this issue has been discussed. The party center which has already been operating without a variance has been open until 1am or 2am on multiple occurrences according to nearby residents.

Giorgiana Lascu @glascu 11/58

Councilman, Charles Slife and neighborhood residents have come out in droves to speak out against this variance.

Giorgiana Lascu @glascu 12/58

Ms. Brown signed a 5 year lease of the space being told by the landlord that this small event space. She invested in rehabbing the interior of the space.

Giorgiana Lascu @glascu 13/58

Shannan Leonard of City Planning speaks out FOR the variance citing several variance uses for several similar spaces.

Giorgiana Lascu @glascu 14/58

Ms. Shannan Leonard was told to “stick to the facts” when she pointed out that Ms. Brown looks different than the members of the community who is speaking out against her business and that she’s “never been wanted” in this community.

Giorgiana Lascu @glascu 15/58

Rosemary Mudry head of Westpark Group speaks passionately about how the onus of this problem should be on the landlord.

More info about Ms. Mudry: https://westparktimes.com/2020/01/23/meet-rosemary-mudry-new-head-of-west-park-group-enjoys-a-challenge/

Giorgiana Lascu @glascu 16/58

“I think in Cleveland we are never going to correct this problem of owners entering into illegal leases, putting tenets in this terrible situation and every time we do it it reinforces the idea that in Cleveland you should just do it and ask for forgiveness later.” - R. Mudry

Giorgiana Lascu @glascu 17/58

The board spoke to the owner, Dan Packis, about the property use in spring or early summer of 2021. The owner knew that the use was local retail and not event use before the lease was signed.

Giorgiana Lascu @glascu 18/58

Property owner, Dan Packis, says he’s owned the property for 25 years and said that this is the first time this has ever been an issue. “I will plead ignorance. I know that ignorance doesn’t make it right. “

Giorgiana Lascu @glascu 19/58

Owner, Mr. Packis continues saying a small electronics shop that sometimes held concerts in the store was the previous occupant and it was never a problem before.

Giorgiana Lascu @glascu 20/58

Ms. Brown, Le Sweets’ tenant, says she’s submitted several documents to the city and that she was stopped when she tried to apply for occupancy multiple times. This all happened before the violations occurred.

Giorgiana Lascu @glascu 21/58

Ms. Brown says she signed her lease on May 23id 2021, going over her business plan with Mr. Ben Packis the building’s other owner beforehand.

Giorgiana Lascu @glascu 22/58

Clarification: Le Sweets is the name of Ms. Brown’s business, she is the tenant of 15736 Lorain Avenue. (Aka 15722 Lorain Avenue).

Giorgiana Lascu @glascu 23/58

Mr. Dan Packis, owner says, “We as owners know that we have limited parking, we have problems getting tenants because of this. All the business here have problems parking.”

Giorgiana Lascu @glascu 24/58

Shannan Leonard, city planning, says that Ms. Brown would need 21 to 23 additional parking spaces for this space to work.

Giorgiana Lascu @glascu 25/58

Neighbor Susie Coreno says that the neighborhood’s issue is not with Ms. Brown personally or her clientele, but the fact that the use variance is permanent and will chance their neighborhood. She suggests that Ms. Brown works with the councilman to find a better space.

Giorgiana Lascu @glascu 26/58

Board Member, Alanna Faith, proposes to deny the variance due to strong community testimony against the variance appeal. The motion to deny passes in a vote.

Giorgiana Lascu @glascu 27/58

15736 Lorain Ave (Aka 15722 Lorain Avenue)- establish use as assembly/meeting/party venue. The variance is DENIED.

Giorgiana Lascu @glascu 28/58

11107 Buckeye Road - DMW Developers LLC, proposes to establish daycare use in a C2 Residence Office District.

Giorgiana Lascu @glascu 29/58

Jaishawna Bates of 11107 Buckeye Rd, wants to start a home daycare where she will be able to care for 12 children. The daycare would run from 6am to 6pm depending on community need… they may stay open until 10pm.

Giorgiana Lascu @glascu 30/58

There is scheduled drop off to reduce traffic. The daycare would serve children 6 weeks old to 5 years old. This owner has 2 other business.

Giorgiana Lascu @glascu 31/58

Councilman Griffin and city planning speak out in support as it’s very near a commercial area.

Giorgiana Lascu @glascu 32/58

11107 Buckeye Road area variance to establish a daycare use is GRANTED.

Giorgiana Lascu @glascu 33/58

3478 W. 105 Street. – Kararja LLC., owner, proposes to change use from service station to mechanic shop (Repair Garage) and used auto sales in General Retail District.

Giorgiana Lascu @glascu 34/58

This garage will do minor repairs including oil change, tires, etc.

Giorgiana Lascu @glascu 35/58

The proposed garage will be open 9am -5pm, Monday-Saturday.

Giorgiana Lascu @glascu 36/58

Chad Dasher speaks for the neighborhood that community is in support of the Garage. He says that the required 10’ buffer area is overkill as he will put in a nice fence and bushes. He also notes that it borders a body shop and not a home.

Giorgiana Lascu @glascu 37/58

Maurice Ruelens of city planning recommends approval.

Giorgiana Lascu @glascu 38/58

Councilman is in support of this variance.

Giorgiana Lascu @glascu 39/58

3478 W. 105 Street. – Variance is APPROVED.

Giorgiana Lascu @glascu 40/58

3893 W.23 Street. – Conrad Becker, proposes to change of use from two family to four family in Two-Family Residential District.

Giorgiana Lascu @glascu 41/58

The owner is requesting an area and use variance. The owner thought that it was a 4 family property and already has 4 units.

Giorgiana Lascu @glascu 42/58

According to an architect representing the owner there is a 5 unit building across the street with no onsite a parking either.

Giorgiana Lascu @glascu 43/58

City planning represents approval.

Giorgiana Lascu @glascu 44/58

3893 W.23 Street. – Conrad Becker, proposes to change of use from two family to four family in Two-Family Residential District. Area and use variance are APPROVED.

Giorgiana Lascu @glascu 45/58

9503 Detroit Ave. & 9511 Detroit Ave. – Buza Properties, proposes to install linear feet of 6’ high aluminum fence and guardrail in actual front yard in
Semi-Industry.

Giorgiana Lascu @glascu 46/58

Paul Buza, owner, wants to limit access to the parking lot in order to increase security. The fence would be the same type of fence that a similar building down the street.

Giorgiana Lascu @glascu 47/58

9503 Detroit Ave. & 9511 Detroit Ave.– Variance is APPROVED with condition that city planning will get a drawing or photo of what is proposed.

Giorgiana Lascu @glascu 48/58

1242 W. 65th St Jason Nehez front yard fence and front deck. Postponed in August and September.

Giorgiana Lascu @glascu 49/58

Owners talk about how fence is necessary to keep dogs and children safe. Contractor did not get necessary paperwork before building.

Giorgiana Lascu @glascu 50/58

Two contractors left this project midway. They spent over $10,000 on the fence. City planning recommends approval if fence is lowered and if fence can be modified to 50% opacity.

Giorgiana Lascu @glascu 51/58

1242 W. 65th St – Variance is APPROVED.

Giorgiana Lascu @glascu 52/58

4506 Lorain Ave – North Coast Shuffleboard Club LLC proposes expansion of office & salon use to include tattoo studio in Local Retail Business District and Pedestrian Retail Overlay District.

Giorgiana Lascu @glascu 53/58

Robert Morton is a tattoo artist who does tattoos by appointment. He wants to do a a private shop with two artist work. If variance will be granted the shop will be open from 12pm to 8pm.

Giorgiana Lascu @glascu 54/58

Maurice Ruelens from City Planning and recommends approval, saying that public perception of tattoo studios has changed over the last 40-50 yrs and that the city is considering allowing small tattoo parlors in all regular retail spaces.

Giorgiana Lascu @glascu 55/58

4506 Lorain Ave – Variance is APPROVED.

Giorgiana Lascu @glascu 56/58

The Board of Zoning Appeals goes into executive session and the public portion of the meeting is over!

Giorgiana Lascu @glascu 57/58

To look back at the meeting follow this link!

Giorgiana Lascu @glascu 58/58

Have questions? Think we got something wrong? Send any inquiries on the meeting or these tweets to @cledocumenters. Or email us at cledocumenters@gmail.com

Note-taking by Karima McCree-Wilson

Handful of West Park residents oppose event center

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

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