Public Meeting Notice Potential Tire Shop- 3025 W.25th Street 7/17

Submitted by lmcshane on Wed, 07/03/2013 - 04:56.
07/17/2013 - 17:00
07/17/2013 - 19:00
Etc/GMT-4

 Public Meeting Notice 

Potential Tire Shop- 3025 W.25th Street

There will be a public meeting held: 
When: Wednesday, July 17th at 5:00PM
Where: At the Esperanza Conference Room
(3104 West 25th Street- US BANK BUILDING in the Basement)
Parking Available off of Clark Avenue

To discuss the zoning appeal filed for a proposed tire repair shop: 

The owner of the property and prospective tenant (who currently operates the tire shop at 3069 West 25th Street) are seeking a variance that would allow the establishment of a tire repair shop in the old "Perfect Pagers" building located at 3025 West 25th street. 

Representatives from the tire shop, SCFBC, and Ward 14 Councilman Brian Cummins will be there to hear your thoughts, opinions, concerns, and ideas about the project. 

The Zoning Appeals hearing will be held on Monday, June 29th in Room 514 (5th Floor) of Cleveland City Hall. The meetings are public and anybody may provide testimony. If you are unable to attend the hearing but would like to submit comments, you may send a letter to: Cleveland Board of Zoning Appeals, Room 516, City Hall, 601 Lakeside Avenue, Cleveland, Ohio 44114.

You may also submit questions to Adam Stalder, Economic Development Director at (216) 961-9073 x 209 or astalder [at] dscdo [dot] org. 

 
( categories: )

W. 25th - Conditional Use Permit

Good Morning All:
 
I wanted to share with you a recent decision made by Judge JOSE` A VILLANUEVA on Friday June 28th. This decision sets a extreme precedent. Many of you have followed this case regarding the owners of Town Hall in Ohio City.
 
The Community agreed on Conditions of Use because this establishment was going to establish a use and expand its use to include a rear patio right underneath market rate Condo's on West 25th.
 
The operators never intended to follow any agreements and instantly filed a Administrative Appeal in Cuyahoga County Common Pleas Court.
 
The City of Cleveland has no choice but to try to overturn this legal opinion in the State of Ohio Appellate Court. It will have to spend tens of thousands of dollars. If the City does not try, it opens up consistent precedence that the Zoning Board has no right to apply operational conditions of use within its laws curently.
 
This is why the variance requested by the questionable property owner at 3025 West 25th must not be considered and why everyone needs to be clear to the Board of Zoning Appeals that they oppose this use.
 
No matter what a politician or his paid staff at SCFBC will tell you about how Conditions of Use can and will be adhered to please go back to this.
 
Thus granted the party would have to file a Administrative Appeal, its easy I have done it before and its less the $150.00 to start it.
 
Other things to ponder The Board of Zoning Appeals has no staff except a Secretary, that is a actual employee of the City Planning Department. They have no enforcement arm or inspectors.
 
The City of Cleveland Building and Housing Department is charged to inspect and enforce any such Conditions of Use. This is quite unrealistic based on the departments priorities.
 
This is why many businesses in Ward 14 and other parts of the City operate outside their Conditions of Use.
 
This is why many businesses in Ward 14 have operated for years outside of Zoning Compliance and no politician has courage to shut them down.
 
I worked hard for years to help write and introduce  legislation to streamline Zoning Code with Councilman Cimperman that included language that allowed for what is a Conditional Use Permit, which could be revoked. Unlike a BOZA ruling.
 
If you take the time to review most major metropolitan cities, they all have over the years  transitioned to such a term "CUP" check this out for yourselves.
 
The Judge in this case based some of his decision believing that West 25th in Ohio City is a Entertainment District. This is because the staff of Robert Brown's Planning Department testified that it basically is. Staff of Ohio City Inc. refers to it as such even though the Executive Director sends emails to residents that it is not.
 
City of Cleveland has specific laws pertaining to Entertainment Districts, West 25th is not. Downtown is, Waterloo is, and Hopkins Airport. To actually change Ohio City or anywhere else to be a Entertainment District a Councilman has to introduce City Legislation as such. The repercussions from this would allow the State to issue unfettered amounts of liquor permits into the area dirt cheap without any of the restrictions that apply to anywhere else in Cuyahoga County. It also limits the local Councilman and area institutions the right to object to the initial placement of said new liquor permit.
 
A handful of Plain Dealer Reporters and Channel 3 made this out to be something it was not. The Entertainment reporter for the PD keeps calling Ohio City a Entertainment District, he is incorrect.  It is time it is a election year, insist that Council people do not run their wards as political fiefdoms, we need to re-introduce the Conditional Use Permit. Its time graft and political corruption stops, or elect new representation.
 
Until such a change in the Zoning Code occurs I advise you to speak out an oppose any and all questionable zoning variance where politics dictates the outcome. A Non-Conforming use is a Non-Conforming Use period.
 
Keep a eye out on West 25th in Ohio City, some City officials are recommending removing all the street parking because of extreme congestion, illegal valet operations, and the cattle call of all the occupancy of the nightclubs and operations trying to attempt to run as nightclubs.
 
See you all on July 17th. Hopefully at time and place where people who work can attend, not just the Councilman wants to attend.
 
Regards,
 
Henry P. Senyak
Community Advocate
 
 
07/01/2013 P JE OPINION AND ORDER REVERSING IN PART AND MODIFYING THE RESOLUTION OF THE CITY OF CLEVELAND BOARD OF ZONING APPEALS ... THE COURT HEREBY VACATES ANY LIMITATIONS ON WHAT WOULD OTHERWISE BE LEGAL HOURS OF OPERATION FOR TOWN HALL'S RESTAURANT AND PATIO ... OSJ NOTICE ISSUED  
06/28/2013 N/A JE DECISION BY THE CLEVELAND BOARD OF ZONING APPEALS LIMITING THE HOURS OF OPERATION OF APPELLANT 1909 W.25TH LLC DBA TOWN HALL'S OUTSIDE IS REVERSED. WRITTEN OPINION AND FINAL ORDER TO FOLLOW. NOTICE ISSUED  
06/20/2013 P JE ORDER GRANTING STAY OF FURTHER ENFORCEMENT OF HOUR OF OPERATION LIMITATIONS. THE STAY SHALL ONLY BE IN FORCE UNTIL JUNE 28, 2013 AND SHALL EXPIRE AT 4:30 P.M. UNLESS EXTENDED BY COURT ORDER. OSJ NOTICE ISSUED  
06/20/2013 D1 BR D1 CLEVELAND BOARD OF ZONING APPEALS - APPELLEE'S BRIEF IN OPPOSITION TO APPELLANT'S MTN TO STAY ENFORCEMENT OF ZONING VARIANCE CONDITIONS. CAROLYN M DOWNEY 0064371  
06/20/2013 N/A SC HEARING SET FOR 06/20/2013 AT 02:30 PM.  
06/18/2013 P1 MO P1 1909 W 25, LLC - APPELLANT'S MTN TO STAY ENFORCEMENT OF ZONING VARIANCE CONDITIONS WITH REQUEST FOR IMMEDIATE HEARING SEAN P ALLAN 0043522  
01/11/2013 P1 BR P1 1909 W 25, LLC REPLY BRIEF. SEAN P ALLAN 0043522  
01/04/2013 D1 BR D1 CLEVELAND BOARD OF ZONING APPEALS BRIEF OF APPELLEE. CAROLYN M DOWNEY 0064371  
12/14/2012 P1 BR P1 1909 W 25, LLC BRIEF ON THE MERITS. SEAN P ALLAN 0043522  
11/16/2012 N/A OT TRANSCRIPT OF PROCEEDINGS FILED. ...  
11/13/2012 N/A JE CMC HELD 11/07/2012. PARTIES REPRESENTED BY COUNSEL. APPELLEE'S MOTION TO DISMISS FILED 10/18/2012 IS MOOT WITH THE FILING OF AN AMENDED NOTICE ON 10/19/2012. APPELLEE'S MOTION TO STRIKE TRANSCRIPT OF THE PROCEEDINGS, FILED 11/05/2012, IS UNOPPOSED AND GRANTED. APPELLEE WILL FILE A COMPLETE TRANSCRIPT ON 11/21/2012. APPELLANT'S BRIEF IS DUE 12/14/2012. APPELLEE'S RESPONSE BRIEF IS DUE 01/04/2013. APPELLANT'S REPLY IN SUPPORT IS DUE 01/11/2013. NOTICE ISSUED  
11/05/2012 D1 MO D1 CLEVELAND BOARD OF ZONING APPEALS MOTION TO STRIKE TRANSCRIPT OF THE PROCEEDINGS CAROLYN M DOWNEY 0064371 11/07/2012 - UNOPPOSED AND GRANTED  
10/22/2012 P1 OT P1 1909 W 25, LLC RESPONSE TO APPELLEE'S MOTION TO DISMISS THE BOARD OF ZONING APPEALS. SEAN P ALLAN 0043522  
10/22/2012 N/A JE PLAINTIFF-APPELLANT'S REQUEST FOR A STATUS CONFERENCE TO SET A BRIEFING SCHEDULE IS GRANTED. CONFERENCE SCHEDULED FOR 11/07/2012 AT 8:45 AM. PLAINTIFF-APPELLANT IS TO NOTIFY DEFENDANT -APPELLEE OF THE CONFERENCE DATE AND TIME. NOTICE ISSUED  
10/19/2012 P1 OT P1 1909 W 25, LLC APPEAL FROM A DECISION OF CLEVELAND BOARD OF ZONING APPEALS IN CASE #12-147 AMENDED NOTICE OF ADMINISTRATIVE APPEAL. SEAN P ALLAN 0043522  
10/19/2012 N/A OT TRANSCRIPT OF PROCEEDINGS CALENDAR NUMBER 12-147 ... FILED  
10/19/2012 P1 OT TRANSCRIPT OF PROCEEDINGS OF THE CLEVELAND BOARD OF ZONING APPEALS IN CALENDAR NUMBER 12-147 ... FILED  
10/18/2012 D1 OT D1 CLEVELAND BOARD OF ZONING APPEALS NOTICE OF APPEARANCE..... CAROLYN M DOWNEY 0064371  
10/18/2012 D1 MO D1 CLEVELAND BOARD OF ZONING APPEALS MOTION TO DISMISS BD OF ZONING APPEALS AS A PARTY TO THE INSTANT APPEAL..... CAROLYN M DOWNEY 0064371 11/07/2012 - MOOT  
10/17/2012 P1 OT P1 1909 W 25, LLC AMENDED NOTICE OF ADMINISTRATIVE APPEAL..... SEAN P ALLAN 0043522  
10/17/2012 N/A SC CASE MGMNT CONFERENCE SET FOR 11/07/2012 AT 08:45 AM. (Notice Sent).  
10/15/2012 P1 RE P1 1909 W 25, LLC - APPELLANT'S REQUEST FOR A STATUS CONFERENCE TO SET A BRIEFING SCHEDULE SEAN P ALLAN 0043522  
10/12/2012 P1 SR NOTICE OF APPEAL FILED.  
10/12/2012 N/A SF JUDGE JOSE` A VILLANUEVA ASSIGNED (RANDOM)  
10/12/2012 P1 SF LEGAL RESEARCH  
10/12/2012 P1 SF LEGAL NEWS  
10/12/2012 P1 SF LEGAL AID  
10/12/2012 P1 SF COURT SPECIAL PROJECTS FUND  
10/12/2012 P1 SF COMPUTER FEE  
10/12/2012 P1 SF CLERK'S FEE  
10/12/2012 P1 SF DEPOSIT AMOUNT PAID ALLAN & GALLAGHER LLP  
10/12/2012 P1 SF DEPOSIT AMOUNT PAID ALLAN & GALLAGHER LLP  
10/12/2012 N/A SF CASE FILED

Thank you, as always a great help, Henry

My own request: can you do something to only allow new  liquor licenses if they replace existing ones so as to stop the expanding number of bars and restaurants serving liquor? Even though I am not physically present so can't attend meetings, I am still hearing complaints about parking by those who are too cheap to use valet parking.

Duplicate posting on BOZA Public Meeting -see prior posts

Thanks to Henry Senyak for mounting effective counter to CDC and Councilman Cummins effort to get variance for property on West 25th owned by slumlord and tax delinquent owner of 3025 W. 25th.
Last night 7/17, residents-- including opposing candidates for Ward 14 Nelson Cintron and Brian Kazy  (FTR- no representative from Janet Garcia)-showed up to hear why this variance is being promoted by CDC and Councilman.  

Owner of tire business was also present and it quickly became apparent that he is being pressured by CDC and councilman to go along with a bad deal to move his existing business from 3069 W. 25th St. (historic fire house)  to the former pager store at 3025.  Mike Saleh (owner of tire business) has a land contract with Pat Moran and eight years payment on the historic fire station.  Neither location is zoned for a tire business and Councilman does not support variance on existing tire store location.

Residents quickly dismissed this scheme last night - and CDC and Councilman were encouraged to have the BOZA variance request withdrawn.  I will provide more detail as time permits.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Good Morning All:
 
I would like to take this moment to remind you of the important public meeting this evening about the moving and variance requested for a tire shop at 3025 West 25th Street. See attached flyer that was distributed on Scranton Rd.
 
All of you have seen my emails. It simply boils down to this.
 
 
- No matter how many of us will say no, Councilman Cummins and SCFBC via Adam Stalder will say yes.
 
- If the Councilman does not want it at 3069 West 25th being inappropriate the location at 3025 is too.
 
- The property owner is a negligent slumlord who does not abate any violations currently on his property.
 
- Councilman Cummins has used tax payer resources at SCFBC to clean up this property at will.
 
- Owners of 3025 LLC live in a beautiful well maintained home in Medina County while 3025 looks like hell.
 
 - 3025 West 25th is currently in a foreclosure case. Lets not reward a tax dodger.
 
- SCFBC Adam Stalder said this is the best we can do to BOZA for this property, no it is not.
 
- The BOZA variance request lists prospective tenant, not prospective purchaser, this is very important.
 
- The property owner currently owes over $40,600.00 in property tax as of this morning.
 
- One of the property owners had involvement in a Internet Cafe in Medina County that was raided by police.
 
-  What does Cummins want to put into the fire station at 3025? He is silent. Is it a Nightclub like La Copa?
 
- This is not a appropriate use and does not meet the standards for a variance, no hardship.
 
- 3025 West 25th needs to go through foreclosure, with the hope a respectable developer attains it.
 
- A appropriate retail use is needed for 3025 West 25th.
 
- No one will seriously want to lease or open here until it looks presentable to occupy.
 
- Insist that Councilman Cummins or people running against him comes up with a plan for West 25th.
 
- Ask for removal of all non-compliant businesses on West 25th so it can have a chance for rebirth.
 
It is time for Councilman Cummins to take his job seriously, take his Ward and main business district seriously. He spends time acting as the at large councilman for the whole city. He takes time off to go to China, India, and other country's. Quit supporting non-compliant strip clubs, urban and pager stores, check cashing businesses, auto repair, nightclubs, body shops, bait stores, carry out liquor permitted storefronts.
 
Lets have family restaurants, dry cleaners, specialty stores, faith based organizations and other non-profits. It time to say clean up West 25th from the prostitutes, and drug dealers and find appropriate businesses and quit making politically corrupted decisions that affect residents for miles around.
 
Again do not be fooled or convinced this property owner or his tenant who does not really have any responsibility here will adhere to BOZA Conditions of Use. If they have not maintained the property now, do you think it will change with a piece of paper on City Letterhead? Plus recent court cases ruled against the City of Cleveland BOZA to dispense Conditions of Use.
 
There are also concerns with BOZA Board member Tim Donovan, he has a conflict of interest with West 25th Street. The non-profit he runs is involved in the strategic planning  on West 25th Street. His organization has received compensation and pass-trough moneys for said plans. He sits on committees and planning meetings. Public records also show Tim Donovan is a strong campaign contributor to Councilman Cummins in the past. I will be asking for Tim Donovan to disqualify himself on July 29th., his testimony prejudiced the case in front of him before the continuance.
 
From the BOZA rules and regulations:
 
A Board member shall disqualify himself or herself from a hearing in which the member’s impartiality might reasonably be questioned, including but not limited to instances where: (1) the member has a personal bias or prejudice concerning a party or a party’s representative, or personal knowledge of disputed facts: (2) the member knows that he or she, individually or as a fiduciary, or the member’s spouse, parent, or child wherever residing, or any other person in the member’s household, has an economic interest in the matter in controversy.
 
I hope to see everyone capable of attending this public meeting tonight, if you cannot attend please email or write a letter to BOZA stating your opposition for this variance and why.
 
 
Thank you,
 
Henry P. Senyak
Community Advocate 
 
PS;
 
Lets ask Brian Cummins about the closed South Branch Carnegie Library. Why does CPL not maintain this building properly?