Cleveland Board of Zoning Appeals

Board (all present): Arleesha Wilson, chair; Alanna Faith; Nina Holzer; Priscila Rocha; Marcus Madison. Other frequent speakers included Board Secretary Liz Kukla and Kim Scott of Cleveland City Planning. Here is the meeting agenda and meeting video.

Mobile catering business gets location in Slavic Village

Calendar No. 26-005: Rita and Jesse Davidson propose to use a building at 4533 Warner Road as an event center in a Local Retail Business Zoning District (not normally permitted under Cleveland’s zoning code), with four fewer parking spaces than required. Past owners had requested to use this lot as an auto repair shop and car lot and were denied by the board, Kukla said. That ruling was later violated by conducting illegal auto sales.

The property owner, Rita Davidson, runs a mobile catering business, and said she is currently forced to rent expensive kitchens for pre-event prep. This space would provide her own brick-and-mortar location and save costs. While the location is very small and has little parking, she explained that her catering business only ever has small groups for tastings, small dinner parties, and outreach with her church, so parking isn’t a great need.

Her husband, Jesse Davidson, explained that the space where people could gather is only under 500 square feet. The total 1,200 square feet measurement includes a kitchen and bathrooms), so the parking lot (with 14 spaces) isn’t an issue.

Hours of events and staff size will be irregular because catering events are irregular, Rita Davidson said. Hours would be from 8 a.m. to 11 p.m. to accommodate this. With this explanation, the Davidsons’ second variance request regarding parking exemptions was deemed unnecessary and was withdrawn.

To give back to the community, the Davidsons would like to use the space when not being used for catering events for Bible study on Tuesdays, as well as possibly hosting AA meetings. Alcohol will not be served on the premises, the Davidsons said. Krystal Sierra, neighborhood planning director for Slavic Village Development, spoke in support of the Davidsons, saying this business would support the corridor.

The Davidsons communicated with neighbors about business plans, collecting approximately 29 signatures from Rosewood Avenue residents and some businesses on Warner Road. The Davidsons said they also have the support of Cleveland City Council Member Kevin Bishop. Kim Scott of City Planning supported the project as well, agreeing with Sierra that it will bring energy and activity to the corridor.

Faith recommended adding tire bumpers so people cannot easily drive into the building. Motion to approve the request accepted unanimously.

West Side smoke shop denied

Calendar No. 26-006: Steve Ajaltouni, owner of Smoke Oasis at 7120 Denison Ave., asked for a variance to operate a smoke shop from his retail store. Smoke shops are not allowed within 500 feet of a church, public library, public playground, public park, or school; his building is within 500 feet of two daycares, including being next door to one, said Xavier Bay from Cleveland City Planning. It is also within the two-mile buffer of several other smoke shops. Bay also pointed out that the property is very close to a public park.

Britany Pabón, with Cleveland City Planning, brought up regulations passed by Cleveland City Council in April 2025 about limiting permit approvals for smoke shops near the locations listed above and in oversaturated areas (both for health and negative effects of a high concentration of these types of businesses). Pabón recommended complying with these laws and that the board should deny this request. David Roberts, Cleveland’s chief assistant director of Law, also advocated for the city against the variance request.

Ajaltouni explained that his existing retail shop has had a tobacco license since 2018, and the new smoke shop licenses were not yet available when the store opened. He argued his smoke shop had been operating longer than the other smoke shops within the two-mile radius of his store. He said he was previously unaware about the law changes last year and committed a violation because of that. He said that without the board granting this variance, he will likely have to shut down the store.

Council Member Nikki Hudson of Ward 11 wrote a letter to the board in support of Ajaltouni, saying his other businesses (including a Georgio’s Oven Fresh Pizza have been well-run and had positive impacts on the community (maintaining landscaping, keeping the area clean, being mindful of their impact on the neighborhood). Hudson wrote that Ward 14 Council Member Jasmin Santana, who previously represented this area, also supported Ajaltouni. 

Motion to deny the request approved unanimously.

New home on East Side approved

Calendar No. 26-007: Property Owner Gavin Farrell appealed for relief from zoning codes for permission to build a new two-story, single-family house at 1538 E. 32nd St. (currently an empty lot, across from 1539 E. 32nd St.). Farrell’s proposed plan for this new house has the garage facing the rear alley, essentially removing the rear yard but complying with parking regulations. Farrell also requested relief from fencing regulations in order to build a 6-foot-tall privacy fence only across the alley side (along East 32nd Place) of the property; the fence on other three sides would be “garden critter fence” height and not for privacy.

Scott from City Planning said she has met with Farrell throughout planning for this project. She recommended removing extra parking spaces from the front of his planned building. These are somewhat shallow parcels and the street is very tight, Scott said. Extra parking at the front sets a concerning precedent in this two-family neighborhood, she added. She also recommended against Farrell’s request for permission to install an air conditioning unit on the side. Farrell agreed to remove requests related to frontside parking.

Motion to approve passed unanimously on the condition that an updated site plan be submitted in the future. It will be ratified after the updated site plan is received.

Details on planned synagogue near CWRU

Calendar No. 25-243: Chabad of University Circle (or Chabad at CWRU) wants to build onto a house it owns at 11409 Wade Park Ave. and convert it into a place of worship. This is around the corner from Chabad at CWRU’s existing location at 1524 E. 115th St. It is within a limited one-family residential district, surrounded by houses. The owner appealed for relief from zoning requirements that state the desired use requires the board’s review and approval, that the property not be within 15 feet of a private residential property and that it has enough off-street parking spaces (building of this proposed size requires 22 spots minimum, and there are zero planned). John Slagter served as legal counsel for the appellant, Rabbi Menachem “Mendy” Alevsky. They were also joined by his wife, Sarah Alevsky, Jim “JP” Ptacek of Larsen Architects, and University Heights real estate agent Tavi Septon.

Mendy Alevsky described Chabad as a system of Jewish philosophy that focuses on outreach to Jewish people, Jewish programming and events, community-building, and love and care for others. Chabad at Case primarily serves the Jewish community at CWRU. Chabad’s activities include Sabbath dinners, Jewish holiday celebrations, Bible study, hospital visitation, communal gatherings and prayer services.

Mendy Alevsky said Chabad is primarily a family-oriented organization, but this location will be student-oriented, fulfilling a specific purpose other locations don’t/cannot. Mendy Alevsky said this expansion is necessary for multiple reasons: A demonstrable need over the past five years, family living in the area, Shabbat observance, and family-style community. Chabad plans to renovate and improve the property, including a large addition on the back of the house, around double the size of the current building. An adjoining property is already hosting Chabad events, and Mendy Alevsky said there have been no previous issues with parking and no complaints. Community events include summer BBQs for local kids, teen mentorship and tutoring, events celebrating diversity, and sidewalk snow removal.

Ptacek of Larsen Architects showed a map featuring six other houses of worship, all operating in the area, that also are within 15 feet of the adjoining residential properties. There was a church right across the street from Chabad’s proposed location previously operating, he added.

Later in the meeting, Donald Durrah, owner of a neighboring home and a property appraiser, opposed this characterization. Durrah said the churches on the map were not in the one-family zoning area, and that one of the churches on the list was used as a church illegally (the one across the street). 

Jan Ridgeway, another homeowner in the neighborhood, added that those churches were grandfathered into the zoning rather than rezoned or built after the residential district was implemented.

Regarding the requirement that places of worship be 15 feet from adjoining premises in residence districts — and the appellants’ property is only 5 feet away — Slagter said there was precedent, and the Alevskys are among the adjoining neighbors.

Another requirement states that, based on projected seating capacity of 129, this location needs to have 22 off-street parking spaces. It has zero. Slagter said this is unnecessary because most patrons of Chabad, which currently is operated out of the Alevskys’ adjoining home, walk there and have so far not impeded street parking or traffic in any way. (This characterization was both supported and denied by later public comments.)

He also claimed that there is a CWRU parking garage on the other side of the nearby park that students could use instead if necessary. A survey conducted by Chabad indicated that most patrons to the adjoining Alevsky home for Chabad events walk or use transit, Slagter said.

Ptacek of Larsen Architects testified about the project’s progress over the past few years and the specifics of the new additions, including bedrooms for occasional out-of-town guests. Stylistic complaints (house color and window proportions, for example, from the Cleveland Landmarks Commission are under consideration before building would begin.  The large back deck and addition are expected to match adjoining properties rather than stick out. Chabad plans to repair and restore parts of this home that have fallen into disrepair (roof, windows, general appearance). The new addition would not precisely match the historical style of the current home. Later commenters added details to these claims that complicate this characterization of their future plans.

Septon said synagogues positively affect surrounding property values, citing University Heights as an example. This information was seen as positive and negative by public commenters.

Residents weigh in on planned synagogue near CWRU

Jewish CWRU students (Dylan Pines, Shachar Zeltser, Kyan Howe, Brooke Yanai, Reda Riffi) testified that this program and location fulfill religious and community needs, as the nearest synagogue is an hour’s walk away. They also said that students almost exclusively walk to Chabad, so it would not affect parking or congestion. Some nearby residents and property owners (Sean White, Adam Brooks, Ronald Smith, Edward Levine, Mik Miller, Jonathan Schaefer) said that parking and noise complaints were completely unfounded, and that students walked to and from Chabad; they said they were respectful and helpful to the community, and they supported diversity, inclusion and positive community-building.

Others, including Ward 9 Council Member Kevin Conwell, who represents the area, cited problems relating to Chabad and parking on Wade Park Avenue in recent years; he said he has received complaints from Chabad attendees about parking tickets and complaints from other residents about a lack of parking for them. He said the argument that drivers to Chabad would use the CWRU garage instead of parking on Wade Park seems unsubstantiated, especially in light of previous parking issues.

Mendy Alevsky later said that if there were to be parking issues, there would be no feasible solution Chabad could offer, although the driveway could fit four to five cars. Durrah said that students not only park in the area but sometimes leave their cars overnight or for a couple of days, causing issues.

Robert Norton, a nearby homeowner, said it was his understanding that when the Alevskys bought the property, it would remain a residential property. Chabad has already succeeded in the neighborhood without converting a residential property to a commercial one, he said. Granting the zoning variance will threaten other property owners by setting a precedent that the zoning can be changed and push out single-family homes, Norton added.

Others (Durrah, Ridgeway, John Mudry, Joel Warger) brought up related concerns about the encroachment of CWRU into the neighborhood and outside investors offering student housing that they said conflicts with city code.

Some (John Mudry, Aqeel Brown, Ariel Washington, who is part of City Planning) expressed concern about Chabad selling the property after getting the variance, leaving a commercial facility that could be taken for other uses in the residential area. Brown said that the CWRU community, only one part of Wade Park, is being valued above the other residents. He said Chabad is already successfully operating without changing the zoning code and establishing this new facility. He worried about prioritizing non-permanent residents of the community and pushing longtime residents out.

Others (Lashanna Lawler, Iman Edwards, Portia Brown) worried about historic preservation. Jessica Beam of the Landmarks Commission explained that the commission had not yet voted on the proposed renovations and additions, meaning development could not yet go on even with approval from the zoning board.

Kim Scott from City Planning said the original plan of the Alevskys was to demolish the building.

Cassi Claytor, a nearby resident, argued that CWRU and commercial businesses, like student rentals, are encroaching on the neighborhood. Chabad has owned this home for almost 10 years and bought it for $60,000. Claytor said the owners have left exterior code violations unremedied. The planned renovations do not preserve the historic character of this house, Claytor added. She mentioned student rentals encroaching on their neighborhood that she said are illegal according to current zoning and housing code, honing in on a property at 11501 Wade Park Ave. that is also owned by Mendy Alevsky. She said that CWRU has already taken over the historic Magnolia neighborhood, and Wade Park doesn’t want to face that either.

[Correction: This article was updated to reflect the correct speaker attribution in the above paragraph.]

Barbara Wilcher-Norton said the property at 11409 Wade Park Ave. has been left in disrepair since its purchase nearly 10 years ago, and community engagement efforts have only started in the past couple of months.

Planned synagogue near CWRU denied

Mendy Alevsky said the city said the property cannot be used for worship without a variance. He said that a similar project in Pittsburgh alleviated concerns about zoning upon resale, saying that the city there ruled that the property can’t be sold to another house of worship because of the parking concerns, and that that could similarly be done here to protect the neighborhood. 

Chief Zoning Administrator Shannan Leonard contradicted this; the zoning board could not stop a sale of the property to a different house of worship after a variance is granted, she said. Perhaps that’s possible in Pennsylvania, but it is her understanding that that could not happen here.

Leonard, in response to fears about in perpetuity variances setting a new precedent for the neighborhood, said temporary variances for a month —or in certain cases a year or such — can be granted instead. Slagter and Mendy Alevsky said this would be unreasonable for them based on the strain of finances and time required to do this.Faith summarized the board’s concerns with this request: Unresolved parking issue, lack of support from the council member and from both city planners consulted, approval still pending from the Landmarks Commission, and limited time for public debate.

Request denied with a vote of 3-1. Rocha voted no on the motion to deny. Holzer had left the meeting, which lasted about six hours.

Residential care facility on Southeast Side moves forward

Calendar No. 25-245: Monique Brownlee appealed to turn a single-family home at 4284 Martin Luther King Jr. Dr. into a Class 2 Residential Care Facility, as defined by the Ohio Department of Mental Health, specifically for women with developmental and intellectual disabilities. This facility will offer support while also giving residents more independence. This house was previously used for this purpose with no issues, although it was most recently used as a single-family home. The owners have already created partnerships with social workers to properly take care of residents and make a smooth transition into this new-use facility. This will not house people recently released from incarceration, nor people with substance abuse issues. Current homeowner Sam McDonald, who previously operated it as a group home, fully agreed with Brownlee’s presentation.

The zoning issue relates to the property’s closeness to another facility. Bay, from City Planning, showed that this proposed residential care facility is barely within the 1,000-foot range of another residential care facility, and it is not in the heavily saturated area of residential facilities north of the area.Camille Jackson, an adjacent resident, had questions about the program, such as if there were safeguards against changing the standards on who lives in the house in the future if the zoning is changed, and if somebody will be present 24/7 in the house to supervise.

McDonald said that, in the past, he hired two live-in residents, so at least one person would be home 24/7, and this is the plan again. Brownlee said there is also another outreach in the area with staff that can help on short notice.

There is no legal safeguard if they want to change the program after the property use changes, but Brownlee said that she has no plan to ever change the program. Two petitions, each with six signatures (with some overlap) from people living on MLK Jr. Drive, opposed the property use change. Council Member Kevin Bishop wrote a letter in opposition to the variance request.

Motion to approve was passed unanimously.

These notes are by Documenter Carly Elliot.

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If you believe anything in these notes is inaccurate, please email us at documenters@signalcleveland.org  with “Correction Request” in the subject line.