Thread by @DocumenterK

Hi! I'm Keith and I will be live-tweeting today, Monday, January 24, 2022, Cleveland Board of Zoning Appeals ("BZA") that starts at 9:30 AM for @cledocumenters #CLEdocumenters & @NeighborUpCle.

Join us via a youtube livestream to watch the BZA meeting,



Note: the stream is live but the meeting has yet to start.

BZA "hears appeals from individuals who are requesting exceptions or variations for City Ordinances in regard to land use and building requirements or...who are questioning the appropriateness of orders made by City officials."

Source: planning.clevelandohio.gov/bza/cpc.html

It's current members:

Kelley Britt
Terry Hamilton Brown
Myrline Barnes
Alanna Faith

Learn about Zoning from Cleveland Planner Matt Moss, @mattm178

cleveland.documenters.org/documents/intr…

The January 24, 2022 BZA Agenda may be accessed here,

planning.clevelandohio.gov/bza/agenda/202…

BZA is live, join us here:

BZA has reviewed their Preamble.

BZA is called to order and has roll called a quorum.

BZA notifies of a withdrawal of Calendar No. 21-200, 2512 Church Avenue, by the applicant as they are not interested in continuing with this project.

BZA received a postponement request for Calendar No. 21-188, 11811 Shaker BLVD, by Council Griffin to allow time for a community meeting. It has been postponed until March 7, 2022.

Calendar No. 21-181, 3733 East 65th Street, is postponed by the City Planner as they are waiting to receive designs from the owner.

The owner, Ran Romano, is present and has questions about the issues. Liz Kukla & Kelley Britt arrange to have Mr. Romano meet with a City Planner.

Calendar No. 21-192, 4705 Bridge Ave, has been postponed until February 14, 2022.

"As a courtesy to the Councilman we will hear cases for which he is present."

Ward 6 Council Member and Council President Blaine A. Griffin is present,

Calendar No. 21-194, 11413 Britt Oval
Calendar No. 21-195, 11415 Britt Oval

Terri swears in Andrew Gotley (spelling?) of Keystate Homes, Blaine Griffin, and architect Gary Neola.

Cases were reviewed and approved on December 20, 2022.

Liz Kukla, "A front yard depth of was requested for 21.82 [for No. 21-194]. A front yard setback of 14.38" was requested [for No. 21-195]. Both were granted pending a revised drawing."

Kukla, "When we received the drawing, there were changes. ... That's why we are here today, ... A conversation about the new setbacks"

Legal Standard requested is an area variance.

This case involves a maximum setback.

No legal impediment granted to board concerning a larger setback.

Gary Neola reviewed the updated design and noted that the setbacks were previously incorrect and has to be updated for the living space, "we can't make it qualify to be a living space given the conditions on this site."

Gotley seconds Neola's comments.

CM Griffin supports the setback changes.

Maurice Ruelens Chief City Planner supports the project, noting that the utilities caused the problem.

BZA motioned to approve the area variance requested to Calendar No. 21-194, 11413 Britt Oval, and No. 21-195, 11415 Britt Oval.

BZA hears Calendar No. 21-202, 5001 Memphis Ave.

"Owner, Regina Conceller, proposes to install a 6’-0” high, wood privacy fence in an A1 Local Retail Business District"

Recently elected Ward 13 Council Member Kris Harsh is present for this first BZA appearance.

W13 CM Krish Harsh and Cheryl Wortsch, a neighbor, are sworn.

The owner, Regina Conceller, is not present.

Calendar No.21-202 is paused to review other cases as the owner is not present.

BZA hears Calendar No. 21-201, 3779 E. 131st Street.

"3779 East 131st LLC, owner, propose to establish a daycare center in an A1 One-Family Residential District and a C1 Local Retail Business District."

Rob Dentamen is sworn in for Calendar No. 21-201.

Liz Kukla reviews the history of the property.

"Previous owner applied for use of a day in 2015 but permit was never issued, status is closed and noncompliant."

Legal Standard requested is an area variance.

Mr. Dentamen shares that the daycare is already inside. It will not devalue the neighborhood, but it will enhance the community.

"I don't think it will cause an overwhelming burden on the community."

"It is approximately a 300 sq ft area that we are trying to turn into a playground."

Chief Planner Ruelens, "Screen the trash dumpster, details for landscape, right now just shows lawn area, and needs to besides the use of a daycare in a residential. We 100% agree with this location is appropriate for a daycare."

BZA member Alanna Faith approves the motion dependent on them correcting the issues as described by Chief Planner Ruelens.

Calendar No. 21-201. 3779 E 131st Street, request for an area variance is approved pending changes.

BZA reviews Old Business and approves highlighted items 1 and 2.

Item No.6, Calendar No. 21-160, 3532 W. 41 Street, should not have been highlighted.

Re. Item No.6, Calendar No. 21-160, 3532 W. 41 Street, Liz Kukla shares that the submitted site plan was not drawn to scale.

"The actual number of spaces and a discovered shed on the lot needed to be changed. It's not drawn to scale."

BZA requires, "A drawn to scale plan, a new dumpster shown. Applicant has applied for dumpster, shed, and parking lot separately. Ultimately, it seems he may not be able to get the 10 spaces in once he hands in the scaled drawing."

Kelley Britt, "We need to hear this with the appropriate information in front of us. We have 3 different applications...This decision was not made upfront with factual information. In my opinion, we should hear this at a later date."

Alanna Faith, "I completely concur. I thought I was pretty clear about a scaled drawing. There are more layers to this than previously."

BZA schedules Calendar No. 21-160, 3532 W.41 Street, for March 7, 2022.

BZA returns to Calendar No. 21-202, 5001 Memphis Ave.

Michael Nelson, of E.85th Street, who is authorized to represent appellant Regina Chanceller.

Nelson states, "We buy houses, we fix them up, and try to put people in it." He begins to provide a detailed history but is cut short and reminded that BZA is hear to about the fence.

BZA Member Britt, "Maurice, Is the case that they put up a non-conforming illegal fence?"

Chief Planner Ruelens, "Appears to be the case to me. ... I also have a question about which way the gate opens."

Nelson alleges he hired an architect and did put in permits.

Cheryl Wiltshire, who represents a neighbor, states that a portion of the fence is now attached to their garage without their permission.

"We no longer have access to the east side of the garage."

Nelson, "Can I explain that? It's not attached. My brother just stuck it there. It's a back area that's never used. There's a little girl in the house and the biggest concern is that ... there's a lot of drug users that walk through there and ...

Nelson, "[The owner] wanted to make sure no one can get access. ... We can just change that. ... We are trying to be good neighbors. I wish she had a conversation to me about that. ... Everyone was so happy with what we did with that property because it was horrendous..."

Nelson, "And Old' Brooklyn to a really nice area still. ... I think it can be rectified. ..."

W13 CM Harsh agrees with Nelson about the pre-existing fence, renovating the house, & using wood for the fence but agrees with the neighbor that fence should not be against the garage.

W13 CM Harsh wants the fence to be corrected so it is not on the garage and leaves the direction of the fence door for Chief Planner Ruelens.

W13 CM Harsh commentary seems to be practical and fair.

CP Ruelens shares that he is still concerned about the direction of the door swinging out.

Britt summarizes that the three things that need to be corrected are the direction of the gate door, the attachment to the neighbor's garage, and due to the height, needs to be 75% open.

A discussion about the opacity of a fence ensures.

Ruelens describes the portion of the fence that needs to be opaque per code.

It concludes with Nelson saying, "We can do that."

Ruelens offers to contact City Planning office and they would be willing to help.

BZA Member Faith proposes Nelson connect the fence to the opposite side of the garage before the driveway so as to not bother the neighbor and not have to worry about a new gate.

There's a little hand in the image as to the location Faith recommended.

Nelson rehashes about the security issues in the neighborhood but is cut off by BZA Member Britt who reminds him that he is here to address the said issues, has received feedback and has his options.

BZA Member Faith motions to approve pending corrections discussed.

Calendar No. 21-2020, 5001 Memphis Ave, is granted conditionally.

Cleveland Board of Zoning Appeals meeting for January 24, 2-2022 adjourns at or around 10:35 AM.

Prior to leaving Liz Kukla asks BZA, "Did you see that we have a new director?"

Someone exclaims, "WHAAAT!?!"

Myrice Barnes asks, "Oh, what is her name?" @jopanese

Maurice Ruelens answers, "Joyce Haung. She is currently working at Mid-town development corporation. We were told February 14th is her start date."

Please participate in a poll on neighborhood planning and car parking,

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cleveland.documenters.org/meetings/?alt=…

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