Thread by @DocumenterK

Hi, I'm Keith and I'll be live-tweeting today’s Monday, April 19, 2021, City of Cleveland's department Board of Zoning Appeals starting at 9:30 AM for #CLEDocumenters @cledocumenters @NeighborUpCl

Here is a brief description on the department of the Board of Zoning Appeals and a list of its members,

Join us at 9:30 AM & watch today's City of Cleveland Department Board of Zoning Appeals meeting here,

Today’s Cleveland Board of Zoning Appeals meeting agenda can be found here,

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

Cleveland Board of Zoning Appeals meeting is live and Secretary Liz Kukla has read the preamble, roll called, and acknowledged a quorum.

Calendar No. 21-034 has made a request to postpone again and has been approved.

Calendar No. 21-038 has been withdrawn without objection.

Calendar No. 21-052 is present and being reviewed.

Deborah Kleve is the owner of 11502 Edgewater Dr. and is proposing to install a 126 linear feet of six foot high wood fence, with gates in an AA1 Limited One-Family Residential District.

The legal standard requested is an area variance.

Deborah introduces her husband Brendon who states,

"We have had attempted break-ins as well as other issues. There is a safety issue. ... It's a very well traveled area."

Carol Johnson asks, "What kind of fence do you want to put up?"

Mrs. Kleve responds, "A six-foot privacy fence."

Carol Johson responds, "I would like you to describe it."

Mrs. Klever responds, "It six-foot wood stained fence without any holes so children cannot put their holes in it."

Maurice Ruelens asks and comments, "Is there any chance that you can install a fence similar to your neighbors white fence that has an open top with transparency?"

Debbie replies, "No, that style of fence is twice as expensive."

Brendon states,

"We don't believe this fence is detrimental to the public. ... We believe it will be compatible with the character of the neighborhood. ... We do believe it is a safety issue for us and other folks. We do believe it is a liability issue for us."

Carol Johnson, "Is the fence that comes down the end of your driveway angled off there?"

Mrs. Kleve, "Yes, it is angled off so when we are backing out of the driveway we can see."

Carol Johnson is pleased.

Maurice Ruelens asks if there are letters of support. Liz Kukla has not received any yet. He states,

"I just can't support a 6 foot high fence. There are no other 6 foot fences. I don't see the practical difficulty. The city's recommendation is that we don't support this."

Brendon states, "I don't know what else I am supposed to respond to. I had to pull a gun on people."

Mrs. Kleve chimes in, "Someone scaled the fence and attempted to break in."

The applicants are upset at t Mr. Ruelens comments prioritizing walkability over their safety.

Maurice Ruelens states, "Putting a 4 foot fence back is not a concession, and a white fence option is not according to them. ... I'm sure your neighbors has also had to call the police. ... You can put a six foot fence four feet back from the property line."

Mrs. Kleve, "We can install a white fence."

Ruelens, "We support this."

Property owner Debbie and Ruelens have found a compromise.

A dog barks. Someone commented "Maybe you need a fence inside your house."

Carol Johnson appears sympathetic, "I lived in lake and am aware of the problems in your area."

Brendon left and measured the Lattice of the white fence. It is 12 inches.

Mrs. Kukla reads, "The fence can be six feet tall, 4 feet of fencing and 1 feet of lattice."

Carol Johnson corrects her, "5 feet of fencing, 1 foot of lattice."

Calendar No. 21-052 is approved per the agreement met in the meeting pending a cutsheet of what the fence looks like.

Calendar No. 21-057 is present and being introduced.

This is a violation so there is no history of the property.

The legal standard being applied is an assessment of the administrative decision,

Bill Lang is present and represents the 2000 Development, Inc. which owns 560 E. 99 St.

Mr. Lang states, "He had a hearing with Natasha who denied my protest and that's why I am here. ... I have provided a bunch of photos. Have you driven by the lot?"

Natasha Brewster representing the city states, "He never sent supporting documentation about who takes cares of the property."

Mr. Lang has responded, "That is not completely correct. We had this property since the 1960s. We haven't had complaints until this new neighbor a woman attempted to put up a fence and she started to complain about litter or grass whatever it was."

Mr. Lang continues, "After I spoke to Natasha, she said I did not have to hire a company. I live 20 minutes from there. ... There is a ton of trash due to the traffic. ... So, I can clean up the area but within a matter of hours there is more trash."

Mr. Lang continues, "It is a vacant lot."

Natasha Brewster commented, "It is not the city's responsibility to clean the parcel."

A member states, "This notice is from 2019?!? And we are hearing it now?"

Another member states, "I am afraid the argument that it is the neighbor's fault and in response the city does what it is supposed to do. We don't care what happens next door."

Your response is, "It's alright to have litter on a property and because this other property does not have a ticket, I should not, is not a great argument."

A move to uphold the judgment has been initiated.

Calendar No. 21-057 has been denied.

Cleveland's B.Z.A is reviewing Calendar No. 21-032.

Gary Fischer, Glenn Pickens, and Matthew Moss are present and sworn in.

The legal standard used to judge the case is an area variance,

Alex Quinones owns the property behind the 3182 W. 25th Street. He shares, "The [trash] problem has been ongoing. Parking has been an issue. ... There was a guard rail put up and it gets hit often."

Carol Johnson comments, "The picture does not demonstrate parking is an issue."

Mr. Quinones responds, "It is an issue 4 days of the week, not every day."

Carol Johnson asks, "Is there a no parking sign?"

Mr. Quinones responds, "Yes."

Carol Johnson reviews the photographs.

Matthew Moss from the city is present. Mr. Moss states, "The buildings are old and there is limited parking. ... There is just going to be a practical difficulty to provide enough land for parked cars. "

Mr. Moss continues, "Some of the ways we are alleviating that is working with RTA, Zoning code reforms, transportation reforms to alleviate the need to drive your car to get a haircut. ... "

Property own Glenn Pickens responds, "In addition to on site parking, I have secured additional parking.

Gary Fischer, the architect of the project, "We've done everything we can."

fischerarch.com/gary-fischer-a…

Maurice Ruelens inquires about the parking agreement and the location of the lot and highlights the location in the image.

Carol Johnson is not satisfied with someone's phone habits. "Someone please mute your phone."

One member is dismissive of Mr. Quinones concerns. B.Z.A members keeps circling back to "Put a sign up, talk to people."

Alex Quinones is not satisfied with the general response of the B.Z.A's members. "No one is listening. I live here. I have to live with this."

Matthew Moss responds, "I haven't connected with Alex to date. I would be happy to connect with Alex about this. ... I think it is getting a bit muddled between the variance request and his property. I understand his concern. I can meet him and help to provide resources."

Carol Johnson replies, "You had a problem without the restaurant. It isn't creating it. You have to work with the city."

Calendar No. 21-032 is voted upon and granted conditionally pending the lease agreement.

Calendar No. 21-034 has been postponed until May 17, 2021.

Calendar No. 21-043 is introduced and being reviewed.

A Diamond in the Hough, owner of 8399 Hough Ave, proposes to establish a carryout restaurant in a C2 Multi-Family Residential District and will require a variance approval.

The legal standard used to judge the case is a use variance and area variance.

The B.Z.A has reviewed this case previously and will vote today.

Maurice Ruelens had one questions, "What is the exact location of the dumpster?"

Applicant responds.

B.Z.A grants Calendar No. 21-043.

Calendar No. 20-135 is introduced.

The legal standard used to judge the case is an area variance.

A member asks, "Given the data you collected, what are the conclusions about the issue at hand?"

The applicant responds, "The analysis would be that there is ample on street parking in the Tremont area. There isn't a parking problem according to the survey."

Matt Moss of the City will present research on his on-street parking analysis.

Mr. Moss states, "The most important takeaway is how underutilized the parking underneath highway is on Kenilworth and Starkweather."

Mr. Moss makes several recommendations regardless of the outcome today to open parking on Kenilworht and Starkweather.

Mr. Moss concludes his presentation with general conclusions, analysis parameters, and transit oriented development goals of the city.