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 June 14, 2022, Regular Meeting 2. Public Hearings None 3. Old Business None 4. New Business a. request by Jack Smith for approval of a front setback variance requested for property located at Mount Vernon Drive N.W. (Tax Map 041K, Group A, Parcel 026.00) and located within the CH Commercial Highway Zoning District. b. request by Lynn Jones for approval of a side setback variance requested for property located at 20th St NE. (Tax Map 050 Parcel 023.00) and located within the CH Commercial Highway Zoning District. c. request by Richard Jenson for approval of a conditional use permit requested for property located at Ralph Buckner Blvd. NW. (Tax Map 050J, Group A Parcel 016.00) located within the IL Light Industrial Zoning District for the construction of an office building. 5. Staff Report 6. Board Member Reports 7. Adjourn  MINUTES 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 The regular meeting of the Board of Zoning Appeals was called to order by Charlotte Peak, Chairperson, at 12:00 noon. Members present included Matthew Brown, Charlotte Peak, Ed Brown, Clint Taylor, and Dan Moore. There were no members absent. Staff present included Robert Varnell, Director of Planning, Darla Jenkins, Administrative Coordinator, Erica Bevis, and Joel Prince, Planner/Code Inspection Supervisor. Legal Counsel included John Kimball, Attorney for the City of Cleveland. Others present included Bassam Issa of McGrady Development. The minutes of the May 10, 2022, regular meeting were presented for approval. Dan Moore made a motion to approve the minutes and Matthew Coleman seconded the motion. A vote of 5-0 passed the motion. Yes-5 No-0 Absent-0 There were no Public Hearings. There was no Old Business. In 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.  Dan Moore made a motion to approve the request and Matthew Coleman seconded the motion. A vote of 5-0 passed the motion. Yes-5 No-0 Absent-0 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. Dan Moore made a motion to approve the request and Clint Taylor seconded the motion. A vote of 5-0 passed the motion. Yes-5 No-0 Absent-0 There was no Staff Report. There was no Director’s Report. The meeting adjourned at 12:05 P.M. Staff Report Case: BZA 2022-16 Mt. Vernon Drive (see Appendix for case materials) August 9, 2022 City of Cleveland Board of Zoning Appeals Applicant: Jack Smith Site Address: Mt. Vernon Drive NW Tax Map: 041K A 026.00 Area: .46 Acres Current Zone: CH-Highway Commercial Requested Variance: Request for approval of setback reduction from 50’ to 30’ on corner lot. Sewer/Water: Yes Council District: District 3 – Tom Cassada PLANNING & DEVELOPMENT 1.Site Zoning History The property in question has been zoned CH since the mid 1980’s and has remained vacant since that time. 2. Site Analysis The .46-acre site is located on the corner of Georgetown Rd. NW and Mount Vernon Drive NW. The current ordinance would require this lot to have a 50 ft setback off both road frontages. The property owner would like to reduce the setback to 30 ft off Mount Vernon Drive NW and retain the 50 ft setback off Georgetown Rd. NW. 3. Staff Findings The existing building on the corner lot opposite of the property in question has a setback of approximately 20 ft. off Mount Vernon Dr. NW and maintains a minimum of 50 ft off Georgetown Rd. NW. Allowing a reduction in this setback would not only maintain the look and feel of the structures along Georgetown Rd. NW but it would create more buildable square footage, allowing Mr. Smith to get the most use out of his property. 4. Staff Recommendation APPROVE APPENDIX PROPOSED PLAT/LOT LAYOUT Staff Report Case: BZA 2022-17 3000 20th Street (see Appendix for case materials) August 9, 2022 City of Cleveland Board of Zoning Appeals Applicant: Lynn Jones Site Address: 3000 20th Street Tax Map: 050 023.00 Area: 27.09 Acres Current Zone: IL-Light Industrial Requested Variance: Request for approval of side setback variance Sewer/Water: Yes Council District: District 4 – David May Jr. PLANNING & DEVELOPMENT 1.Site Zoning History This property is zoned IL Light Industrial and is surrounded by IL Light Industrial on all sides. This site previously housed Bendix. 2. Site Analysis The 27.09-acre site is located on and addressed to 3000 20th street NE. The site is currently under construction and will house multiple warehouses with industrial uses. The owner would like to add a 4th warehouse to the project. 3. Staff Findings The property is requesting a side setback variance for a warehouse along the south property line. The structure would encroach 12’ 7” into the setback at the southeast corner. The encroachment slowly reduces over the next 302’ 2” of the structure and is then well within the required setback for IL Light Industrial. Even with this encroachment, the neighboring structure is a substantial distance away, causing no concern for staff. 4. Staff Recommendation APPROVE APPENDIX PROPOSED PLAT/LOT LAYOUT Staff Report Case: BZA 2022-18 Conclusive Systems Office Building (see Appendix for case materials) August 9, 2022 City of Cleveland Board of Zoning Appeals Applicant: Conclusive Holdings, LLC Site Address: 3050 Ralph Buckner Blvd. Tax Map: 050J A 016.00 Area: 1.09 acres Current Zone: IL-Light Industrial Requested Variance: Request for approval of conditional use permit Sewer/Water: Yes Council District: District 2 – Bill Estes PLANNING & DEVELOPMENT 1.Site Zoning History This property is zoned IL Light Industrial and is surrounded by IL Light Industrial zoning. This property has been zoned IL since the subdivision was created and has sat vacant. 2. Site Analysis The 1.09-acre site is located on and addressed to 3050 Ralph Buckner Blvd NE. The current ordinance requires a conditional use permit for office buildings within the IL Light Industrial Zoning District. 3. Staff Findings Although the zoning in this area is primarily IL Light Industrial, the uses within the subdivision align with professional institutional. Directly adjacent to the proposed office building is the Ralph Buckner Funeral Home. The proposed office is to be situated at the end of a cul de sac with only one ingress/egress. No increased noise is anticipated in the area that would affect other property owners as this is to be data processing office with business conducted internally. The proposed parking is adequate and meets the ordinance requirements. 4. Staff Recommendation APPROVE Staff recommends approval as an office building would maintain the look and feel of the neighborhood and align with the other uses in the area. APPENDIX SITE PHOTOS PROPOSED PLAT/LOT LAYOUT