Board of Zoning Appeals

AGENDA REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, JUNE 14, 2022, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE Welcome and Roll Call of Members 1. Minutes May 10, 2022, Regular Meeting 2. Public Hearings None 3. Old Business None 4. New Business a. Request by William F. Jenkins Jr. for approval of a Conditional Use permit requested for property located at 5559 North Lee Hwy. (Tax Map 034D, Group D, Parcel 12.00) and will be located within a CH Commercial Highway Zoning District for a Dog Daycare and Boarding Business. b. Request by McGrady Development, LLC for approval of a Conditional Use permit requested for property located on APD-40. (Tax Map 065 Parcel 001.00) and located within the Heavy Industrial (IH) Zoning District for the construction of a restaurant. 5. Staff Report 6. Board Member Reports 7. Adjourn  Minutes REGULAR MEETING OF THE CITY OF CLEVELAND’S BOARD OF ZONING APPEALS TUESDAY, May 10, 2022, AT 12:00 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Board of Zoning Appeals was called to order by Dan Moore, Vice-Chairman, at 12:00 Noon. Members present included Matthew Coleman, Clint Taylor, and Dan Moore. Members absent included Charlotte Peak and Ed Brown, Staff present included Robert Varnell, Director of Planning, Darla Jenkins, Administrative Coordinator, Erica Bevis, and Joel Prince, Planner/Code Inspection Supervisor. Legal Counsel present include John Kimball, Attorney for the City of Cleveland. There were no others present for the meeting. The minutes of the April 12, 2022, regular meeting were presented for approval. Matthew Coleman made a motion to approve the minutes of the April 12 ,2022 regular meeting. Dan Moore seconded the motion. A vote of 3-0. Yes-3 No-0 Absent-2 There were no Public Hearings. There was no Old Business. In New Business, a. Request by City Fields for a Side setback variance request for property located at 1263 Wilson Ave. NE (Tax Map 057E, Group G, Parcel 21.00) and located within the R-2 Low Density Single and Multi-Family Residential Zoning District for the construction of a single-family home. Page 1 of 2 Robert Varnell stated this item was approved last month. Then they went out to stake it and realized it was a little bit off. It’s a smaller reduction but still fits in with the neighborhood. Matthew Coleman made a motion to approve the request and Dan Moore seconded the motion. A vote of 3-0 passed the motion. Yes-3 No-0 Absent-2 There was no Staff Report. There were no Board Members Reports. The meeting was adjourned at 12:01 P.M. Page 2 of 2 Staff Report Case 1: BZA 2022-13 5559 North Lee Hwy. (see Appendix for case materials) June 14, 2022 City of Cleveland Board of Zoning Appeals Applicant: William F. Jenkins Jr. Site Address: 5559 North Lee Hwy. Tax Map: 034D D 012.00 Area: 2.33 acres Current Zone: CH-Highway Commercial Requested Variance: Request for approval of conditional use permit Sewer/Water: Yes Council District: District 5 – Dale R. Hughes PLANNING & DEVELOPMENT 1.Site Zoning History This property will be zoned Highway Commercial (CH) and is surrounded by CH Zoning to the East, West, and South. There is also R2 Low Density residential within 100 feet of the property. 2. Site Analysis The 2.33-acre site is located on and addressed to 5559 North Lee Hwy. The current ordinance requires a conditional use permit for any animal kennels or boarding within the CG General Commercial of CH Highway Commercial Zoning District. 3. Staff Findings The property is surrounded by business uses such as outdoor shed sales, a salon, a moving company and a hoist and chain business. There is also a low-density residential area within 100 feet of the facility. Although there is a residential community close by, the proposed business is surrounded by a chain linked fence and some natural vegetation, creating a buffer along the southern property line where the residential homes are located. There is no ingress/egress access to the proposed business on residential streets. Hours of operation are proposed from 7:30 a.m. to 7:30 p.m. and noise would be limited to those hours. Parking for the site appears adequate however we feel designated parking for the proposed business should be marked to accommodate customers. No other impacts are foreseen as the site is fully developed and the business would be contained within an existing structure. 4. Staff Recommendation APPROVE Staff recommends approval. However, because there are residential homes within 100 ft., any mitigation efforts to minimize impact to the residents should be taken. APPENDIX SITE PHOTOS PROPOSED PLAT/LOT LAYOUT Staff Report Case 2: BZA 2022-14 APD-40 Rezoning (see Appendix for case materials) June 14, 2022 City of Cleveland Board of Zoning Appeals Applicant: Bassam Issa Site Address: APD-40 Tax Map: 065 001.00 Area: 37.2 acres Current Zone: IH Heavy Industrial Requested Variance: Request for approval of conditional use permit Sewer/Water: Yes Council District: District 1 – Marsha McKenzie PLANNING & DEVELOPMENT 1.Site Zoning History The property is zoned IH Heavy Industrial and is surrounded by IH Heavy Industrial as well as IL Light Industrial zonings. 2. Site Analysis The 37.2 acres site is located along APD-40. Currently the zoning is listed at IH Heavy Industrial. The applicant is requesting approval of a conditional use permit in order to build a restaurant along the frontage of the property which would normally require a CG General Commercial or CH Highway Commercial Zoning District. 3. Staff Findings Staff have determined a commercial use along the frontage of the property to be the highest and best use of the property. This provides ease of access to restaurants and similar types of uses. The applicant plans to subdivide the property in the near future and rezone the restaurant’s parcel to CH Highway Commercial which will then allow the site to be in full compliance with the Zoning Ordinance. 4. Staff Recommendation APPROVE Staff recommends approval as we feel this is the highest and best use of the property. APPENDIX SITE PHOTOS PROPOSED PLAT/LOT LAYOUT