Summary
- A karaoke cafe got approval in Ward 14.
- A new three-story single-family home is moving forward in Ward 7.
- An auto shop for minor repairs is set to operate in Ward 12, pending proper storage of vehicles.
The scene at the Cleveland Board of Zoning Appeals
The meeting was called to order at 9:30 a.m. by Board Chair Arleesha Wilson. Roll call established a quorum.
Board members present:
- Arleesha Wilson, chair
- Alanna Faith
- Nina Holzer
- Priscila Rocha
- Marcus Madison
Others present via Webex (as streamed on YouTube) included:
- Elizabeth Kukla, secretary for the board
- Mary Cornely, City of Cleveland attorney
- Shannan Leonard, City of Cleveland chief zoning administrator and manager
- Nate Lull, City of Cleveland neighborhood planner
- Xavier Bay, City of Cleveland city planner
A copy of the agenda can be obtained here.
The meeting opened with the board postponing Calendar No. 26-023 related to establishing a parking surface for 99 spaces at 1212/1260 Sumner Ave. in Ward 5. The new date for the hearing is May 18.
Three additional items on the agenda included: Calendar No. 26-030, 26-013 and 25-233. Each applicant/property owner requested relief from strict application of specified sections of the Cleveland Codified Zoning Ordinances.
For each case, Cornely said the legal standard requires an applicant to prove that denial of their request will create a practical difficulty not generally shared by other land or buildings in the same district, will deprive them of substantial property rights, and that granting the variances will not be contrary to the purpose and intent of the zoning code.
Single-family home on Herman Avenue
Calendar No. 26-030
David Smith, owner of 5111 Herman Ave. in Ward 7, proposes to erect a three-story, 2,544 square-foot single-family house in a two-family residential district. Sworn testimony was provided by Smith, Matt Parnell of 5014 Herman Ave., Lull, Roberta Morrow and Gary McPhee of 5117 Herman Ave.
Smith supported his request for variances as follows:
- The Cleveland City Planning Commission approved a lot split on Nov. 7, 2025, when Smith applied for construction of the residential structure. This included acquiring a property easement for the garage.
- Justification for the minimum lot size variance (the proposal is smaller than the required size) is that the code allows a single-story ranch of similar footprint, which would be incompatible with neighborhood infrill character; the Planning Commission reviewed and discussed the scale during the lot-split approval; the design is consistent with other homes on Herman Avenue; the board recently approved similar relief for his neighbor; and the additional space is necessary for accessibility, elevator and age-in-space design.
- Justification for the garage location variance (the proposed location is different than required by code) includes the building plan being revised and an easement for side-load garage access being obtained due to City Planning discouragement of front-load garages; the site topography limits practical garage placement to the front third of the lot; at-grade access is required for mobility-impaired and age-in-place design; and one-way westbound traffic allows the garage to be visually screened by the building mass.
- Justification for a maximum height variance (the proposed structure is taller than allowed) includes that many nearby homes have three stories and rooftop decks, and the downhill topography will result in a partially exposed foundation, which will increase the measured height.
- Justification for a rear yard (the proposed rear yard is smaller than required) includes that this was part of the lot-split approval provided by the City Planning Commission; the neighborhood is dense, and several homes have limited rear yards; and an adjoining property was recently granted this variance.
- Justification for distance between buildings (proposed distance is shorter than required) includes that the originally proposed front-load garage complied, and the additional maneuvering clearance is required for side-load garages; and further reduction in the building size would compromise accessibility, elevator and age-in-place functionality.
Smith added that the age-in-place and accessibility features of the property differentiate it from other properties in the neighborhood because the property sits on a hill.
Neighbor supports construction
Parnell testified that he lives a couple doors down from Smithโs property and supports the construction design. Parnell added that Smith would be affected by loss of the Tax Abatement if the variances are denied and Smith isnโt able to do the age-in-place design.ย
Morrow expressed concern that granting the variances will cause other properties to tear down their house and rebuild like Smith. Morrow said she has a problem with putting up more townhomes. Wilson replied that todayโs decision affects only the property at 5111 Herman Ave.

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Lull said the applicant has done a good job proving the practical difficulty of the proposed build. However, there is concern that there is not enough room between the proposal and a neighboring house. Still, Lull said he supports the variance requests.
Smith said there is enough space for Smith and his neighbors to do repairs.
The board unanimously approved the variances. Officials clarified that the approval does not include approval of the sixth variance request, which would have waived the requirement that City Planning approves the plan before the city issues a building permit.
Karaoke cafe on Clark Avenue
Calendar No. 26-013
Gilhouse LLC., owner of 5011 Clark Ave., proposes to establish use as a karaoke cafe in a C2 General Retail Business District in Ward 14. The owners request area variances from the minimum distance and insulation requirements (not allowed within 500 feet of a residential district or day care center, kindergarten, elementary or secondary school, public library, church, playground, public or nonprofit recreation center or community center, unless the space is sufficiently insulated to control noise).
Sworn testimony was given by Nikko FungChung and Kevin Willard of 5011 Clark Ave.
Wilson asked Cornley to clarify whether a use variance is also required based on the applicantโs proposed karaoke bar. Bay from City Planning responded that the variance request regards the distance requirement of 500 feet and that use as a karaoke cafe is generally permissible in a retail district.
ChungFung said they represent the business, The Gas Station, and said that the property owner, Gilhouse LLC, authorized ChungFung and Willard to speak on this matter.ย
No noise complaints from neighbors
ChungFung said she spoke with Leonard and Bay to work through issues on use, and they landed on the karaoke cafe being the most fitting. ChungFung said there is an alleyway behind the property that acts as a buffer between the business and residential area.ย
ChungFung said that while they host some live events, the focus is on a social lounge (for gaming and karaoke) and not events that bring excessive noise to the area. She said the hours of operation are 10 a.m. to 10 p.m. on weekdays, 10 a.m. to 11 p.m. on Friday and Saturday, and 10 a.m. to 6 p.m. on Sundays, with karaoke happening only on Saturdays and comedy and poetry on Fridays.
ChungFung said they have not received any complaints in the neighborhood. She replied to a board memberโs inquiry by saying the two units in the building above the business are not occupied, adding that the drop ceiling allows for significant space from the upstairs unit.
ChungFung told Faith that they will not allow smoking or host large events. She also said there are no plans to do outdoor karaoke.
ChungFung said the capacity will be determined by the Cleveland Division of Fire after the variances are approved.
She said denial of the variance will not allow the business to maintain its existence and host game night, open mic night and other social events.
Bay said a Cleveland neighborhood planner shared that thereโs no opposition to the application and that there is an adequate amount of space from the closest residence.
The board unanimously approved the variance request.
Mechanic’s repair shop on W. 105th Street
Calendar No. 25-233
Mariam Properties Inc., owner of 3565-7 W. 105th St., proposes to establish a motor vehicle service garage (minor repair) in a C1 Local Retail Business District. The owner seeks a use variance from the restriction that first use of a motor vehicle service garage is permitted in a General Retail Business District.
Sworn testimony was provided by property owner Rabah Abdul Kadhem of North Olmsted, his attorney Ed Kasputis, and Lull with City Planning.
Kasputis said the owner seeks to revert to the original zoning as a general business district instead of a local retail district. Kasputis said the car repair shop will be an asset to the neighborhood and that they agree to install fencing around a paved storage lot. He also said no neighbors have objected.
Trash to be cleaned up
Kadhem said the hours of operation would be 10 a.m. to 6 p.m. Monday through Saturday, and there are three employees.
Rocha requested clarification of what minor body work is, and Kadhem replied that the shop replaces parts and does body repair.
Lull read the cityโs codified ordinance 325.484 for motor vehicle major and minor repair. Lull asked Kadhem whether the shop engages in any of the activities in the ordinance, and Kadhem replied no.
Lull said City Planning is not opposed to the variance for minor repairs, with the understanding that the applicant would pave the grass area on the property to store vehicles; the dumpster must be properly concealed; and trash needs to be cleaned up. Lull also said he met with Kasputis on Feb. 12, and they agreed that these issues would be addressed ahead of todayโs hearing. Kadhem replied that cars were moved from the sidewalk, and there are only three cars parked in the front.
Lull requested an updated site plan showing that vehicles and the dumpster will be placed on the paved area. City Planning will work with Kadhem on the updated plan.
The board unanimously approved the variance conditionally with an updated site plan and agreement that cars be parked on the paved area only in the future. The decision will not be ratified until after the updated site plan is provided, Kukla said.
Old Business
The previous decision on Calendar No. 26-029 โ regarding the property at 4581 Broadview Rd. โ was the only item up for ratification. There were no objections from board members.
The meeting was adjourned at 10:36 a.m.
These notes are by Documenter Christina Easter..
If you believe anything in these notes is inaccurate, please email us at documenters@signalcleveland.orgย with “Correction Request” in the subject line.


