Board of Zoning Appeals/City Planning Commission, July 2, 2019

August 20th, 2019  |  Published in Observer Reports

Members present: Rob Zimmerman, City Council; committee members John Boyle, Kevin Dreyfuss-Wells, Joanna Ganning

Others present: Joyce Braverman, Director of Planning; Dan Feinstein, Senior Planner; William Gruber, Director of Law

Mr. Zimmerman called the meeting to order at 7 p.m. The agenda for this meeting and supporting documents may be found here.

The minutes of the June 4, 2019, meeting were approved.

BOARD OF ZONING APPEALS

Gagliano/Slater Residence – 3161 Huntington Road

Supporting documents may be found here.

Homeowners Keith Slater and Gregory Gagliano requested a variance to replace an existing wood picket fence with an aluminum ornamental fence on this corner lot, all 5 feet tall. The existing fence was granted a variance in 1992 to the 3-foot height standard, with one section at 4 feet and one at 5 feet. The owners cited need for a higher fence for uniformity of height, noting that all the fencing will continue to be hidden by current shrubbery. There were no public comments. The variance was unanimously approved.

Dewey Residence – 18301 South Woodland Road

Supporting documents may be found here.

Homeowner Christopher Dewey requested a variance to install a 4-foot fence 16 feet in front of the house and 53 feet off the South Woodland Road sidewalk. Code requires that fences be no more than 3 feet high and those located in corner side yards not extend in front of the setback line of the principal building on the adjacent lot, in this case 70 feet 3 inches. The owners stated that the fence would connect to an existing fence on the side property line, was needed to enclose an existing gazebo, and would be screened with existing and new shrubbery. There were no public comments. The variance was approved unanimously.

Tapas Restaurant/Lounge/Bar – 16704 Chagrin Blvd.

Supporting documents may be found here.

Kenneth Gibson, operator of the business, requested a variance to the parking requirements. The staff recommends a continuance because of other issues with the planned building and business: the floor plan doesn’t match the partially constructed space; the seating number does not match the plans; there is no information on peak parking demands; a Conditional Use Permit for a wine bar hasn’t been applied for. Mr. Gibson stated that he had received a building permit in January and understood that he ha filed all the paperwork required for a Conditional Use Permit after meeting with Mr. Feinstein. He said a lot of time has been wasted while the issues are getting straightened out, wondering if things could be expedited. Mr. Feinstein responded that there had been confusion over the Conditional Use and Building permit applications, and the Building permit shouldn’t have been issued.  However, the process needed to be properly followed now.

There were no public comments.

Ms. Ganning noted that more information was required on parking use, and Mr. Gibson shared that information. Mr. Boyle asked if a liquor permit had been obtained, and Mr. Gibson replied that it had. Mr. Boyle asked for an explanation in the changes in the floor plans and seat count, which Mr. Gibson provided. Mr. Boyle noted that there would seem to be no problem with the parking variance, however the Conditional Use permit application would be needed to do that. Mr. Feinstein added that the staff wants to have both done at once. Ms. Ganning wondered if the city should seek comments from other businesses in the area. 

There will be a continuance on the appeal.

CITY PLANNING COMMISSION

Cleveland Skating Club – 2500 Kemper Road

Supporting documents may be found here.

Matthew Wymer, WXZ Development Inc., representing the Cleveland Skating Club, requested re-subdivision of the Club’s land in order to create a parcel fronting on Fairhill Road that meets the minimum size and frontage required in the A Apartment zoning district. Mr. Wymer and Mr. Young of WXZ explained that the plan is to create nine units of apartments for older Shaker residents.

In public comments, Bob Zimmer, Shaker resident and Keller Williams real estate agent, said that this is an important project to give seniors an option to downsize into a Shaker Heights property for easier living.

The request was unanimously approved.

Process Canine Training Center – 3700 Lee Road

Supporting documents may be found here.

Amanda Corr, business owner, requested a Conditional Use Permit to operate a dog training center at an indoor space at the former Quality Security Door property. The applicant proposes to train dogs in the interior space only and utilize the existing parking at their nearby dog day-care business. One to three staff will train dogs inside the space, Monday through Friday, 9 a.m. to 5 p.m. The dogs in training will already be enrolled in the dog day-care facility.

Ms. Carr said that the day-care business had seen much success since opening two years ago, and that there is interest in training. She confirmed that only training will be offered at this site. She also confirmed that they had held an open house for the neighborhood to become acquainted with the business and upcoming proposal; it was lightly attended. She also said they had received their first noise and nuisance complaint the day of this hearing. It was reported that there is much barking very early in the morning and there is debris in the back of the business’s lot adjoining a homeowner’s backyard. She reported they are changing morning procedures immediately. She is looking into the nuisance complaint since she is not the business property owner. Mr. Feinstein added that he had checked with the SHPD and confirmed that these were the first complaints against the business.

In public comment, Donald Degley, 3717 Sudbury, said he lives in the house that backs on Process Canine. He explained that while he had visited his parents at this home often, he had recently been there more often because the home was left to him by his mother. He wanted to familiarize himself with the approval process and shared that he was the person who made the complaint to the SHPD. He asked what kind of training would be provided. Ms. Corr responded that it would not be behavior modification for “bad” dogs, just basic obedience. Mr. Degley asked who will be responsible for the parking lot. Ms. Corr replied that the building owner would be, but that the lease is not finalized. Mr. Degley asked why did they choose this property and not an empty space closer to their original facility. More space, was Ms. Corr’s response.

The Conditional Use Permit was unanimously approved. It now goes to City Council for its approval.

Lynn Lilly, observer

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