To clarify and provide info on this case -- the owners of the property that is being re-zoned for resident-industry are Andrew and his son Kevin Dever. Kevin has been running a small business/cement contractor company from the site for 4 to 5 years. Although the property previously was used for a repair shop it apparently was never zoned properly. Kevin uses the property to store his trucks and equipment and wants to invest in the property to make an addition to the existing commercial structure.
Kevin took initiative on his own and applied to the Board of Zoning Appeals (BZA) in late 2009 to seek a zoning variance. That was a mistake as the property is zoned multi-family and an appellant cannot seek a zoning change beyond the next eligible use. Kevin was unaware and not informed about this.
I picked up the case in January and after meeting with the Dever’s it was evident that they have been very good neighbors in terms of their general maintenance and investments in their property as well as assisting with some of their neighbors.
Through the BZA process, there were 11 – notices sent out to neighboring properties. There were no objections to the BZA application. Once it was understood that the property was not eligible for a variance I did additional outreach to include residents and the hair salon on the street. Everyone we discussed the issue with supports the Dever’s and their business.
I began discussions regarding the proposed re-zoning in February and folded those discussions in with a review of a re-zoning plan for W. 25th Street that a Planning Commission staffer had begun in 2009. We decided to move forward with the Dever property as a stand alone case to expedite the ability for the Dever’s to proceed with their building expansion.
The more comprehensive zoning plan for W. 25th Street will be picked-up by the Tremont West Development Corporation likely during this summer and is intended to clean-up the zoning regulations as well as consider the use of a Pedestrian Retail Overlay Zone for the local retail portions of W. 25th Street. There will be public meeting to discuss these proposed changes that will take into consideration existing use patterns, i.e., general retail closer to the freeways (I-90 and I71) and local retail (the more restrictive use) in the center portions by metro and Clark Avenue.
For descriptive purposes, here is the BZA description of what is being proposed and which will be carried out once the re-zoning is approved.
When: Monday, January 25, 2010 9:30 AM-10:30 AM (GMT-05:00) Eastern Time (US & Canada).
9:30 Ward 14
Calendar No. 09-267: 2810-2914 Seymour Avenue Brian Cummins 11 Notices
Andrew Dever, owner, appeals to erect a 22’4” x 32’10” addition and a 14’8” x 32’10” addition to an existing one-story 40’ x 32’10” masonry, reverse gable garage, proposed to be on corner parcels located in a B1 Two-Family District; subject to the limitations of Section 337.23(a) no main building is provided and storage of a one ton commercial truck, contractor equipment and tools is first allowed in a Semi-Industry District according to Section 345.03; and the existing nonconforming use garage on a vacant lot requires the Board of Zoning Appeals approval as stated in Section 359.01 of the Cleveland Codified Ordinances. The maximum square footage allowed for an accessory garage on the 196.25’ x 139’ lot is 2,523 square feet and 2,478 square feet is proposed. (Filed 12-30-09)
If anyone has any specific questions pertaining to activities in the ward, feel free to contact me at 216-664-4238 or at bcummins [at] clevelandcitycouncil [dot] org
Sincerely,
Councilman Brian Cummins, Ward 14
REF:
* Pedestrian Retail Overlay (PRO) District – Zoning overlay district created to preserve the pedestrian-oriented character of our unique shopping districts, accomplished through regulatory tools addressing building placement, use, reduced parking requirements, etc. (Chapter 343.23).
http://caselaw.lp.findlaw.com/clevelandcodes/cco_part3_343.html