Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, December 3, 2024 7 P.M. City Hall Council Chambers Members Present: David E. Weiss, Mayor Sean P. Malone, Council John J. Boyle III, Member Joanna Ganning, Member Jason Russell, Member Others Present: Joyce G. Braverman, Director of Planning William M. Gruber, Director of Law Daniel Feinstein, Senior Planner The meeting was called to order by Council Member Malone at 7:00 p.m. * * * * Approval of the October 1, 2024 Meeting Minutes It was moved by Mr. Boyle and seconded by Dr. Ganning to approve the minutes with corrections. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * CITY PLANNING COMMISSION #2272. JOHNSON RESIDENCE – 3706 MENLO ROAD: A Public Hearing was held on the request of the City of Shaker Heights, representing Jimmy Johnson, 3706 Menlo Road, to the City Planning Commission for subdivision of land in order to join a city-owned vacant lot with the property on which the Johnson home is located. The house parcel at 3706 Menlo Road (735-20-054) is proposed to be combined with the vacant adjacent lot at 3702 Menlo Road (735-20-055). Mr. Johnson proposes to integrate the vacant lot into his yard. This combined lot meets code requirements in the TF Two Family Residential zoning district. Subdivision of land requires City Planning Commission approval. Mr. Feinstein showed pictures of the site. He stated this is a request for subdivision of land in order to combine a vacant city lot with a neighboring lot. The city proposes to transfer the lot, 3702 Menlo Road, to Mr. Johnson, who lives next door at 3706 Menlo Road. The combined parcels of 735-20-054 and 055 meet the lot and block standards in the TF Two Family Residential zoning district. The property transfer was already approved by City Council. Staff recommends approval with the condition that a final plat is submitted to the city and recorded with the county. Mr. Feinstein said the City is representing the consolidation of the city-owned lot with the Johnson lot. The sale of the lot was approved by City Council. The Johnson’s surveyor has submitted a preliminary survey. Mr. Malone opened the Public Hearing. No comments were received in relation to this application. Mr. Malone said he supports this side lot subdivision. It is similar to several others the Board has approved. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that a final plat is submitted to the city and filed with the county. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * #2273. KINGDOM PALACE LEARNING CENTER – 3625 LEE ROAD: A Public Hearing was held on the request of Benham Malakooti, property owner, and Nia Bealer, operator of Kingdom Palace Learning Center, 3625 Lee Road, to the Board of Zoning Appeals and City Planning Commission for a Conditional Use Permit and variance to the playground location and fence screening requirements for a child day care center. The applicant proposes to occupy the commercial building, use of the existing parking lot and add a playground in the south side yard. The applicant proposes a child day care center for children from infants to school age. A total of 80 children and 8 staff will be located at this property. The business is proposed to operate 5 days a week from 6:00 a.m. to 6:00 p.m. The applicant proposes to create a playground in the south side yard, enclosed by a fence. A playground accessory use is only allowed in the rear yard. A four foot tall wood fence is proposed to enclose the playground. The fence is not proposed to be softened by landscaping from the street view as required by the fence regulations. A Conditional Use Permit is required for day care centers in the C-3 Business Commercial zoning district. The existing on-site parking is 21 spaces. Code requires 21 on-site parking spaces for the day care center. Council confirmation is required for the Conditional Use Permit. Mr. Feinstein showed pictures of the site. He stated this is a request for a conditional use permit and variances for a child day care business. The applicant proposes this new daycare in this commercial building which was renovated for the GoPuff retail and delivery business. The daycare center requires a conditional use permit in the C-3 Business Commercial zoning district. The daycare proposes up to 75 Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5852 children from infant to school age in the building. The GoPuff approval included variances to the rear yard buffer for an 11 foot and a 6 foot fence, dumpster screening and required front parking lot landscaping. Variances are requested for this new day care including the playground in the side yard and landscape screening in front of the proposed 4 foot tall playground fence. Staff supports the request with the following conditions: 1) the playground is open during daylight hours only; 2) the parking lot striping and rear yard landscaping is completed per the prior approval; 3) the playground fence is a 4 foot tall open picket wood fence and it is enclosed at the rear; and 4) evergreen landscaping is used to screen the playground to the street view. Nia Bealer, day care operator, said up to 75 children aged 5 months to 12 years along with 8 teachers and 2 additional administrative staff will occupy the space. The business will be open from 6 a.m. to 12 midnight. The side yard playground would only be used during daylight hours. She operates another daycare business. Ben Malakooti, building owner, said he was approved by this Board for a commercial business for GoPuff. He renovated the new building and parking lot and the interior of the building. This renovation now can be used for the day care. Ms. Bealer said she has the support from the Cuyahoga County government for her business in the form of a grant. Mr. Malone asked why GoPuff did not open. Mr. Malakooti said they came in a time of growth and then COVID ended and their business did not expand any more. They decided not to open any more stores. Dr. Ganning said previous daycare reviews have had the playground in a parking lot. This side yard location is a good creative use of the property. Mr. Malakooti said the state representative for daycare licenses visited the site. The playground location was approved and provides the 70 square feet required per child. Not all the kids will use it at once. Ms. Bealer said the representative from the State of Ohio reviewed their request and has approved the proposal. Mr. Russell asked about access to playground on the gravel path. Ms. Braverman said gravel is not an approved surface for ingress and egress. Mr. Feinstein said the proposed playground is adjacent to the playground of the next door daycare operation. Mr. Malone opened the Public Hearing. Jeff Grosse, Assistant Superintendent, said the school district’s technology building is located north of the parking lot. The space between the new parking space wheel stops and their driveway is very narrow. Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5853 Gloria Rose asked about the hours of the school and events for Ludlow School. Mr. Malone noted the question about Ludlow could be addressed with the next application on the agenda. Ms. Braverman suggested the schools and property owner should address the narrow driveway. Maybe the wheel stops could be set back from the edge to allow more space for the school’s driveway. Mr. Boyle said all day care conditional use permit applications have addressed child drop off and pick up. This proposal has parking and has addressed those issues. Mr. Malone asked about any play equipment in the side yard. Ms. Bealer said they would only have movable type play toys. It was moved by Dr. Ganning and seconded by Mr. Boyle to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. The playground will be open during daylight hours only. 2. The parking lot striping is completed per the prior approval. 3. The rear landscaping is completed per the prior approval. 4. A rear fence section is added to enclose the playground. 5. The playground fence is a 4 foot tall, open wood picket fence. 6. Evergreen landscaping is provided in front of the fence to meet code required landscaping from the street view. 7. The gravel walkway is replaced with a paved surface such as concrete or asphalt. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried Council confirmation is required. * * * * Mayor Weiss joined the meeting. * * * * BOARD OF ZONING APPEALS #2261. LUDLOW SCHOOL – 14201 SOUTHINGTON ROAD: A Continuation of a Public Hearing was held on the request of Aaron Rodebaugh, GPD Group, on behalf of the Shaker Heights City School District, Ludlow School, 14201 Southington Road, to the Board of Zoning Appeals for variances in order to relocate the playground as part of the renovation of the building into a district-wide pre-school. The applicant was continued from the August 6, 2024 Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5854 meeting in order for the applicant to revise the playground design and tree preservation plan. The applicant now proposes a pre-school playground surrounded by a 4-foot tall ornamental aluminum fence in the Keswick Road front yard. Code does not allow a playground in the Keswick Road front yard. Code allows a 4-foot tall fence in the front yard, set back 33 feet. The fence requires a variance as it is proposed 26 feet from Keswick Road. A tree evaluation plan has been submitted. A community playground will be submitted for review at a future meeting. Mr. Feinstein showed pictures of the site. He stated this is a continuation of a request for the renovation of Ludlow School into a district-wide pre-school. The review of improvements were partially approved at the October 2024 meeting, but the playground location was continued. The applicant now proposes a pre-school playground in the Keswick Road front yard, enclosed by a 4 foot tall aluminum ornamental fence. Code does not allow a playground in the front yard. The 4 foot tall fence is required by zoning code to be set back 33 feet in the Keswick Road front yard. The fence is proposed to be set back 26 feet. The comments from the July meeting continuation of the playground have been addressed and a tree survey has been submitted. The parking lot has been reduced in size to allow additional space for the playground. The City Forrester has reviewed the tree plan. Staff supports the two requested variances with the following conditions: 1) Three pin oak trees replace to the 4 removed pin oak street trees on Keswick Road adjacent to the playground. These street trees should be installed at two inches in caliper size and with the final placement determined in coordination with the City Forester; and 2) additional variety of landscaping is added in front of the playground fence to augment the low grow sumac shrubs. Staff also suggests: 1) a community playground is designed in cooperation with the city and any variances brought back for review; 2) a more direct walkway path to Keswick Road from the playground and ballfield is studied; 3) additional site furnishings near the playground are considered; 4) the bicycle parking appropriate location, size and type of rack are studied further; and 5) the City and School District work together on the drainage issues that affect the Keswick Road sidewalk and both athletic fields. Aaron Rodebaugh, GPD Group, described the project and proposal. He said the 4 existing street trees which have tree numbers 7 through 10 are proposed to be removed and replaced. The arborist reported that the risk of falling limbs is increased. Those trees would also be impacted by construction so it is better to replace them with new trees. He showed an updated site plan and location for the pre-K playground, which has been pulled back and located on level land. This is a similar location to the existing playground. Parking has been reduced from 27 to 21 spaces. Both the Board of Education and Ludlow community support these changes. A walkway along the building was widened and landscaping is built into the slope. The winding sidewalk is longer due to changing grades to make it ADA compliant. The outline of the tree protection zones matches the outline of the playground. New equipment is under 15 feet tall with multiple activities on each. The earthtone color selection matches the equipment at Fernway School. A future community playground location is shown west of the proposed playground. This must be further explored with the city since the location moves the backstop 30 feet to be able to fit the 2,000 square foot playground. Teachers want a fenced area between the playgrounds. A variance is requested for the playground in the front yard. There are three front yards on the site. The fence is now 33 feet from the street to the sidewalk. A fence variance is required for a 4-foot tall aluminum ornamental fence set back 26 feet when a 33 foot setback is required. They chose a shorter rather than a skinnier parking lot design layout. Mr. Malone said some good redesign work has been completed. The parking lot is better. He understands tree protection and the proposed replacements. Did the community respond to a future playground location, either combined or in a different location? Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5855 Mr. Rodebaugh said there are pros and cons to separate playgrounds. If together then different age children can all use both playgrounds. Jeff Grosse, Shaker Heights School Assistant Superintendent, said they look at the playgrounds as one total. All playgrounds at other schools are for the school and community. The pre-K playground is smaller. They can add additional space with larger play structures. It is similar to other school buildings where there is different sized equipment. Mr. Gruber asked if a fence around the pre-K playground is required by state regulations. Mr. Grosse said yes, the State license requires the fence for the pre-K playground. This is different than other district playgrounds. The school district is working with the city to determine the size of a combined playground. It makes sense to do all the site work during renovation. A grant for the pre-school playground equipment has been obtained. There is discussion with the city about the additional playground. Dr. Ganning said the path to the sidewalk is winding. Are there thoughts of other pathways? Mr. Rodebaugh said an additional pathway to Keswick can be investigated. Mr. Russell said it is good to have the playground locations together with a gate and path between the two areas. Mr. Grosse said they are working with the city on the community playground as the ballfield backstop is affected. Mr. Malone said he supports the City working together with the school district to figure out the playgrounds. Mayor Weiss opened the Public Hearing. Mr. Feinstein read summaries of submitted comments. Kevin Dreyfuss-Wells, 3021 Ludlow Road, said the revised plans are much better for trees, parking and co-location of the neighborhood playground. It is not the amount of green space, but the quality of the space. This should be a place for children and it needs to be safe with seating, shade trees and benches. This design does not accommodate all of the neighborhood activity in the playground. The Board should consider ideas for the additional playground at this meeting. Tad Reichart, 3058 Van Aken Boulevard, said the 2,000 square foot playground seems small. The older kids’ playground is too small. The Southington Road front yard is an underutilized playground space that could support a larger playground. Susan Rotatori, 3169 Ludlow Road, said the new community playground is small. There is no place to add equipment. She supports other plans submitted with a front yard playground with larger playground spaces. She agrees with co-locating the playgrounds. Move the playground along the Keswick side of the building instead. Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5856 Sara Schiavoni, 2942 Morely Road, said there is a similar playground in the Malvern neighborhood. There is a pre-school playground and an original school playground. There are potential issues with water drainage and catch basins that do not catch the water in the athletic fields. If regraded for baseball then regrade it all including the soccer field so it is more usable for everyone. Doug Wang, 2903 Southington Road, said the School Board and the City should work together for a solution that is more useful than what we have now. The Ludlow field is 7 feet short and drainage does not work. This playground is similar in total size to Boulevard School. It is difficult to move the playground along Keswick Road as it is narrow. He hopes to work with the city to solve any issues. Mr. Boyle said the only other space for the playground along Keswick was too close to the trees. The requested variance is not about a community playground. He supports the new location of the pre-K playground in the Keswick Road front yard. Ms. Braverman asked for an explanation of the tree protection zones on the site plan. Mr. Rodebaugh described the tree canopy drip line that is also the tree protection zone outline. Mayor Weiss asked about expanding the playground area along the Keswick Road side of the building. Could that be done outside of the tree protection zone? Mr. Russell asked what trees are proposed to replace the existing trees. Mr. Rodebaugh said staff suggests 3 pin oaks as replacements. They will work with the city Forrester. The tree protection zone for the Keswick Road street trees leaves a very narrow area available close to the building that is outside of the protection zone. Mayor Weiss asked if the playground of 4,800 square feet is required. Mr. Rodebaugh said yes, 60 square feet per student is required. They propose three (3) classrooms at a time use the playground. Mayor Weiss said the Board is trying to balance the interests of the trees, playground and parking. The school district proposal is a good improvement. Dr. Ganning asked the plan to create the neighborhood playground. Mr. Grosse said a grant will be available next year as well for additional equipment for a neighborhood playground. It is for half of the cost of the equipment. Dr. Ganning asked if there is plan for a community playground next year using the grant. She wants to assure there will be a community playground built. Mayor Weiss said the community playground is not on this agenda. And yes, there is a discussion with the school district about how to accommodate a community playground. He is confident that there will be one. They need to do work to understand the drainage situation. Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5857 Mr. Grosse said the whole site is not under review, just the pre-K playground variances. The other issues will take further discussion. Ms. Braverman said this Board can add conditions to variances, and any condition needed to relate to the two variances requested by the applicant. This is not a review for general site plan review. Mr. Russell said this is the only playground west of Van Aken and serves Cleveland residents who are in the school district. He suggests bike parking closer to the playground and ballfields. Mr. Malone asked if review of a community playground will be required by this Board. He encourages co-location of a community playground in this general area. Mr. Rodebaugh said any additional playground equipment would need a variance since it is in a front yard. Mr. Boyle said he supports the variances for the playground and fence with the conditions listed in the revised staff report and additional suggestions by the Board members and he would add drainage to those suggestions. It was moved by Mr. Boyle and seconded by Mr. Russell to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. Three pin oak trees will replace the 4 removed pin oak street trees on Keswick Road adjacent to the playground. These street trees should be installed at two inches in caliper size and with the final placement determined in coordination with the City Forester. 2. Additional variety of landscaping is added in front of the playground fence to augment the low grow sumac shrubs. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * Mayor Weiss explained this is Mr. Boyle’s last meeting as he is term limited. He thanked Mr. Boyle for his distinguished service to the city. * * * * There being no further business, the meeting was adjourned at 8:00 p.m. The next meeting will be January 7, 2025. _________________________________ _________________________________ David E. Weiss, Chair Daniel Feinstein, Secretary Board of Zoning Appeals Board of Zoning Appeals City Planning Commission City Planning Commission Board of Zoning Appeals & City Planning Commission 12/03/2024 Minutes Page 5858