Cleveland BZA approves variance, zoning changes

By TIM SINIARD
Posted 8/15/18

The City of Cleveland Board of Zoning Appeals met for its regularly scheduled meeting Tuesday, in the Municipal Building.The board approved the following items:• A request by Robert D. Burns for …

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Cleveland BZA approves variance, zoning changes

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The City of Cleveland Board of Zoning Appeals met for its regularly scheduled meeting Tuesday, in the Municipal Building.

The board approved the following items:

• A request by Robert D. Burns for approval of a variance for property located at 234 Highland Avenue N.W. The property is currently zone MU Mixed Use Zoning District which has a setback requirement of 15 feet. The property previously had a single family resident located on it, but the structure has since been removed. The applicant would now like to construct a duplex on the lot with 10-foot side setbacks. The previous structure was approximately 6.1 feet from the northern property line and approximately 23 feet from the southern property line. The block consists of all structures which were originally constructed as single family homes even though two structures have been converted into commercial application the subject block retains a significant residential style. While the residential zoning districts currently require  a 10-foot side setback, the MU zone requires a 15 foot side setback regardless of use. The subject lot is approximately 75 feet wide, which is consistent with most residential properties.  The home adjoining directly to the south is 11.1 feet from the property line adjoining the subject property. The property directly across the Highland Avenue N.W., has an existing side setback as close as 6 feet and the property directly behind the subject lots across Johnson Avenue N.W. appear to be as close as 2 feet. Given the lost size on the subject property, that the supposed setback are consistent with residential uses and the actual setbacks in the vicinity of the site are consistent with the request staff is not opposed to the request.

• A request by Peter Kaluk for approval of a conditional use for property at 395 S. Ocoee St. Avenue. The zoning ordinance was recently amended to allow automobile sales as a conditional use within the Central Business Zoning District. The language and conditions of the amendment are below. Staff supports the request with the conditions of the ordinance. In addition, it should be noted that there may be some pending building code requirements that must be met in order to allow a commercial business on the site and the decision of the Board of Zoning Appeals does not guarantee or suggest approval of those requirements. Further considerations are described below.

Amendment to the zoning.

• Section 2. 2.12.2 shall include the following as a conditional use:

“Automobile sales” provided no more than 50 percent of the automobile inventory is located outside of a permanent building. In no case shall any parts be stored outdoors nor any repair or body work be conducted outdoors.

• Section 3. Table 1 within zoning ordinance shall reflect the following:

“Automobile sales” shall be amended to be reflected as a conditional use within the Central Business District.

The next regularly scheduled meeting of the board of zoning of appeals will be at noon Tuesday, Sept. 11.

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