Thread by @DocumenterK

Mr. Moss also analyzed Tremont's density and public transportation.

Mr. Moss also analyzed crime in Tremont, maps reflect reports of cime

Red = hotspots where crime is higher than expected
Blye = cold sports where crime lower than expected

Spatial analysis does not reflect a correlation with crime.

Councilman McCormack is present and reads a statement he submitted to B.Z.A. He encourages a rejection of the requested variance per its failure to meet the legal standard.

Again, the requested variance is seeking to not have to provide 30 parking spaces to its tenants.

Councilman McCormack asserts that if B.Z.A approves this they are overstepping their legal ability by acting as legislators.

Councilman McCormack,

"This zoning card was part of the neighborhood. It was intentionally adopted by council though a robust public process. It establishes the intent of the zoning code unlike other parts of the cities where the zoning code hasn't changed in years."

B.Z.A member Tim Donovan responds, "If I heard you right it seems that perhaps in terms of future cases you are saying the role of the Zoning Appeals, the role that we have would be diminished or perhaps forgotten.

He continues, "Because here shouldn't be any latitude for meaning word by word, letter by letter the new zoning code that has been successfully passed as you mentioned through planning & City Council, is that a message that you are trying to send with the stance you are taking?"

Councilman McCormack responds,

"In general, because of cases in front of you regarding to zoning code that hasn't been update in 100 or 80 years is one situation but yes in areas where zoning code has been intentionally and methodically adapted,"

Councilman McCormack continues, "That we as a city should pay attention to the intention of the zoning code. It is the product of the community, the city, and the council planning the area."

Tim Donovan responds, "I commend you for the letter. it was very astute and dealt with it in a very objective way. I think you got the background correct. We have been in a position on this board where we have a trapdoor where hey we haven't
changed zoning in a century."

Member Donovan continues, "So, we grant variance. We have seen in some neighborhoods that we have granted many variances but we have done so with the community, the developers, and the city lock stepped together.

Member Donovan. "It is only recently that we have seen protest to the product being asked for variances from. I think that perhaps marks a new chapter moving forward."

Councilman McCormack responds, "Thank you. I don't think there is anyone that can make an argument that I don't support growth in the city. The concern here is when we engage the community to develop a zoning plan that reflects what they want to see in their neighborhood"

Councilman McCormack concludes, "that there is a level of assurance that the intent of the exercise is honored by the City of Cleveland. That is the basis."

Susan Scialabba, a resident, comments that,

"In earlier meetings, the practical difficulties would be transferred to St. Augustine. ... Regardless of what the study says, I think it is interesting that the developer intentionally left out Sunday for its analysis. "

Resident Scialabba comments that,

"We valued shared parking."

Jonathan Petreya, a resident, is present and states,

"The crux of the issue is the legal standards and I hope that is your guidance when you arrive on your decision today. ... The analyses are just small snapshots and not necessarily reflective of our community."

Kate O'Neil, a resident, reflects on 2020 and how the Pandemic affected community activity so that 2020 reports provided are incomplete and biased by how people lived during the Covid-19 pandemic.

Resident O'Neil summarizes,

"We are concerned the costs would outweigh the benefits and set a precedent for future developers."

Ben Cooper, a resident, adds,

"My recollection of what the developer was supposed to do wasn't to count spots but to find out the impact. The data tells you there is a problem. The usage is very low currently & there are only 33 spots available. Residents would take these spots"

Khalid, a resident, adds that,

"I just want to make sure that the people who have their concerns are taken seriously."

Resident Cory Riordan comments,

"The neighbors are against, the Community Development Corporation is against it, the Councilman is against, & I don't think it meets the requirements of B.Z.A. If you want to change policy, role up your sleeves & work to convince the community."

Donald Petit is present and represents the voice of the Cleveland Landmarks Commission. They support the variance.

Additional comments are made before a Roll Call vote.

Alanna Faith comments she has been pressured to change her vote & that "people are trying to manipulate me so I prefer to not make a vote."

Carol Johnson comments that abstaining will in effect be a denial of the variance.

Calendar No. 20-135 has been denied.

Resident Jonathan is happy and says, "HOLY SHIT!"

Others express joy at the decision.

The residents clearly are happy that B.Z.A has sided in their favor over 1415 Kenilworth LLC.

Today, Monday, April 19, 2021, City of Cleveland Board of Zoning Appeals meeting has adjourned at or around 12:17 PM.

A summary for Monday, April 19, 2021, City of Cleveland Board of Zoning Appeals meeting.

Calendar No. 21-052 was granted per the terms of the compromise in the meeting.
Calendar No. 21-057 was denied.
Calendar No. 21-032 was granted

Calendar No. 21-034 was postponed until May 17, 2021.
Calendar No. 21-038 was withdrawn.
Calendar No. 21-043 was granted.
Calendar No. 20-135 was denied.

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