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Board of Zoning Appeals
601 Lakeside Avenue, Room 516
Cleveland, Ohio 44114-1071
Http://planning.city.cleveland.oh.us/bza/bbs.html
216.664.2580
APRIL 20, 2015
9:30
Calendar No. 15-023:
3179 West 25 Street
Ward 14
Brian Cummins
18 Notices
Woodland Inc. (aka Ali Farai) proposes to establish use of 16,698 square foot building as a
banquet/assembly hall in a C2 Local Retail Business District and a Pedestrian Retail Overlay District
(PRO). The owner appeals for relief from the following sections of the Cleveland Codified
Ordinances:
1. Section 343.01(b) which states that a banquet hall is not permitted in a Local Retail Business
District.
2. Section 343.11(b)(2)(L) which state that a banquet hall is first permitted in a General Retail
Business District only if 500 feet away from a residential district per Section 347.12 (a)(1).
Proposed use abuts a residential District.
3. Section 349.04(e) which states that an accessory off-street parking area equal to three times
the gross floor area is required and none are provided.
4. Section 357.02 which states that a nonconforming use of a building or premises which has
been discontinued shall not thereafter be returned to such nonconforming use. A
nonconforming use shall be considered discontinued: (1) When the intent of the owner to
discontinue the use is express; or (2) When the use is voluntarily discontinued for six (6)
months or more. The intent to voluntarily discontinue a use may be implied from acts or the
failure to act, including, but not limited to, the removal of and failure to replace the
characteristic equipment and furnishings; or (3) The cessation of business operations for
two (2) years or more unless the cessation of business operations was caused by factors out
of the control of the business such as the disability or illness of the proprietor or
governmental action unrelated to the behavior of the business.
5. Section 352.08 through 352.12 which states that a ten foot wide landscaped transition strip
providing 75% year round opacity is required at the rear of the property where it abuts a
residential district.
6. Section 343.23(h) which states that in a Pedestrian Retail Overlay District 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 ½) and seven and onehalf (7-1/2) feet in height shall be composed of transparent windows or doors. (Filed February
4, 2015)
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9:30
Calendar No. 15-53:
2850 West 20th Street
9:30
Calendar No. 15-54:
6202 Saint Clair Avenue
Ward 12
Anthony Brancatelli
14 Notices
K.I.S.S. Foundation, owner, proposes to establish use as a two story “sober living” boarding house
for 11 residents on a 3,150 square foot lot in a B1 Multi-Family Residential District. The owner
appeals for relief from the strict application of the following sections of the Cleveland Codified
Ordinances:
1. Section 355.04(b) which states that in a ‘B’ Area District the maximum gross floor area cannot
exceed one-half the lot area which in this case is 1,575 square feet and 2,460 square feet are
proposed.
2. Section 349.04(a) which states that the required accessory off-street parking is required at the
rate of one space per four occupants. In this case 3 spaces are required and no legally
compliant parking spaces are proposed.
3. Section 357.13(b) which states that parking is not a permitted encroachment in the required
front yard setback area.
4. Section 357.09(b)(2)(C)(4) which states that an interior side yard of eight feet is required and
a setback from the alley line of three feet is required.
5. Section 357.08(b)(1) which states that a 20 foot rear yard is required and no rear yard is
proposed. (Filed March 6, 2015)
Ward 7
TJ Dow
13 Notices
St. Martin de Porres High School, owner, proposes to erect a 3 story, 66,708 square foot ‘L’ shaped
addition in a C1 Local Retail Business District. The owner appeals for relief from the strict application
of Section 353.01 of the Cleveland Codified Ordinances which states that the maximum building
height allowed is 35 feet and 45 feet 8 inches are proposed. (Filed March 10, 2015)
9:30
Calendar No. 15-55:
2472 Tremont Avenue
Ward 3
Joe Cimperman
10 Notices
Civic Builders, owner, proposes to erect a 55’ x 46’ , 3 story frame triangular single family residence
with an attached garage in a C1 General Retail Business District. The owner appeals for relief from
the strict application of the following sections of the Cleveland Codified Ordinances:
1. Section 357.04(a) which states that the required front yard setback is 16’ – 9” and 3 feet are
proposed.
2. Section 357.08(2)(3) which states that the required rear yard shall not be less than 10 feet at
any point and 6 are proposed.
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3. Section 357.09(2)(C)(3) which states the required interior side yard is 8 feet 8, applicant is
proposing 7 feet and 5 feet.
4. Section 357.13 which states that a chimney is not a permitted encroachment into the required
front yard setback. (Filed March 13, 2015)
9:30
Calendar No. 15-57:
3047 West 47th Street
9:30
Calendar No. 15-58:
3051 West 47th Street
Ward 3
Joe Cimperman
8 Notices
Christopher Flynn, owner, proposes to erect a four foot high chain link fence in the front yard of a
residence in a B1 Two-Family Residential District. Per section 358.04(c)(1) in Residential Districts,
only ornamental fences, shall be installed in actual front yards and in actual side street yards if
located within four (4) feet of the side street property line. The Board of Zoning Appeals may,
however, permit a chain link fence if the Board determines that such fence is common in the
immediate vicinity of the subject property. (Filed March 20, 2015)
Ward 3
Joe Cimperman
8 Notices
Christopher Flynn, owner, proposes to erect a four foot high chain link fence in the front yard of a
vacant lot in a B1 Two-Family Residential District. Per section 358.04(c)(1) in Residential Districts,
only ornamental fences, shall be installed in actual front yards and in actual side street yards if
located within four (4) feet of the side street property line. The Board of Zoning Appeals may,
however, permit a chain link fence if the Board determines that such fence is common in the
immediate vicinity of the subject property. (Filed March 20, 2015)
9:30
Calendar No. 14-227:
POSTPONED FROM MARCH 2, 2015
5437 Broadway Avenue
(aka 3328 East 55th Street)
Ward 5
Phyllis E. Cleveland
17 Notices
4 Ever Social Club, owner, proposes to establish use as a banquet hall for weddings, receptions, and
other events in a C2 Local Retail Business District. The owner appeals for relief from the strict
application of the following sections of the Cleveland Codified Ordinances:
1. Section 343.11(b)(2)(L) which states that an assembly/banquet hall is not permitted in the
Local Retail Business District but is first permitted in General Retail Business.
2. Section 349.04(e) which states that a parking area equal to three times the gross floor area is
required and no parking is shown. (filed November 13, 2014).
THIRD POSTPONEMENT MADE AT THE REQUEST OF THE CITY TO ALLOW FOR MORE TIME FOR REVIEW. (SECOND
POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT DUE TO A PERSONAL SCHEDULING CONFLICT; FIRST
POSTPONEMENT WAS MADE AT THE REQUEST OF SLAVIC VILLAGE DEVELOPMENT CORPORATION TO ALLOW FOR
MORE TIME FOR REVIEW).
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