Board of Zoning Appeal on Aragon POSTPONED to May 11th - email BOZA for denial

 Board of Zoning Appeals has not updated the calendar - the appeal has been postponed until May 11th but residents can still submit letter either for or against to ekukla [at] city [dot] cleveland [dot] oh [dot] us - indicate that this applies to the case below: [1]

APRIL 20, 2015 9:30 Calendar No. 15-023:

3179 West 25 Street Ward 14 Brian Cummins 18 Notices Woodland Inc. (aka Ali Farai) proposes to establish use of 16,698 square foot building as a banquet/assembly hall in a C2 Local Retail Business District and a Pedestrian Retail Overlay District (PRO). The owner appeals for relief from the following sections of the Cleveland Codified Ordinances: 1. Section 343.01(b) which states that a banquet hall is not permitted in a Local Retail Business District. 2. Section 343.11(b)(2)(L) which state that a banquet hall is first permitted in a General Retail Business District only if 500 feet away from a residential district per Section 347.12 (a)(1). Proposed use abuts a residential District. 3. Section 349.04(e) which states that an accessory off-street parking area equal to three times the gross floor area is required and none are provided. 4. Section 357.02 which states that a nonconforming use of a building or premises which has been discontinued shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered discontinued: (1) When the intent of the owner to discontinue the use is express; or (2) When the use is voluntarily discontinued for six (6) months or more. The intent to voluntarily discontinue a use may be implied from acts or the failure to act, including, but not limited to, the removal of and failure to replace the characteristic equipment and furnishings; or (3) The cessation of business operations for two (2) years or more unless the cessation of business operations was caused by factors out of the control of the business such as the disability or illness of the proprietor or governmental action unrelated to the behavior of the business. 5. Section 352.08 through 352.12 which states that a ten foot wide landscaped transition strip providing 75% year round opacity is required at the rear of the property where it abuts a residential district. 6. Section 343.23(h) which states that in a Pedestrian Retail Overlay District for any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front façade between two and one-half (2 ½) and seven and onehalf (7-1/2) feet in height shall be composed of transparent windows or doors.

(Filed February 4, 2015)

If you have any questions, please feel free to contact the Board of Zoning Appeals staff.