When warned by the city about nuisance activity associated with their home or business, the vast majority of property owners rectified the problem and did not incur fees, Law Director Kevin Butler told members of the City Council’s Housing Committee on Monday.

The committee met to discuss a concern raised last September by former Ward 3 Councilperson and interim Mayor Michael Summers about the city’s strategy toward the behavior of a small number of chronic trouble-making businesses. He perceived that certain owners were unaffected by fees incurred for nuisance behavior and merely viewed them as a “cost of doing business.”

Nuisance ordinance strengthened in 2008

The city’s nuisance abatement laws underwent a significant revision in December 2008 to allow for easier enforcement, according to Assistant Law Director Saleh Awadallah.

The radius of nuisance activity eligible to be associated to a specific house or business expanded to 1,000 feet. Minimum cost assessments to nuisance property owners for the city’s actual abatement expenses were increased to between $200 and $500, depending on the situation. Most significantly, the city received the option to intervene in a situation regardless of whether or not there was a citation, felony, arrest or conviction.

When two incidents of nuisance activity or one felony have been documented and tied to a specific address within a one-year period, the city has the authority to send a written warning to the property owner. The letter cautions the owner that if a third documented incident or an additional felony occurs, the property can be deemed a nuisance and assessed fees to repay the city for the resources it used to handle the matter.

Ward 1 has the most repeat commercial offenders

The city has issued 222 nuisance warning letters since 2009. Of that total, six commercial properties and nine residential properties earned either additional warning notices or nuisance declaration letters.

“It was sort of a happy circumstance for me to find out that there really weren’t a great deal of repeat offenders on the list,” said Butler, who was the Ward 1 councilperson for 5 years prior to being appointed law director in March.

The six commercial properties on the repeat offender list are:

Put-In-Bay Lakewood (now The Avenue Tap House) at 18206 Detroit Ave. (Ward 1)
Oak Tree Manor apartments at 1327 Bonnieview Ave. (Ward 1)
McCarthy’s Ale House at 16918 Detroit Ave. (Ward 1)
Lakewood Cliff apartments at 18900 Detroit Ave. (Ward 1)
Clarence Plaza apartments 1352 Clarence Ave (Ward 3)
Envoy condominiums at 11811 Lake Ave. (Ward 4)

McCarthy’s Ale House was assessed and paid nuisance-related fees on three separate occasions. Butler pointed out that the Lakewood Cliff apartment complex was on the list because three separate units triggered nuisance letters. “To be very, very blunt and honest, I think this process is working very well,” he said.

Residents near Put-In-Bay Lakewood who suffered through continual nuisance disruptions might be stunned to learn that the mayor rescinded two of its nuisance declarations on appeal.

Andrea Rocco, a special assistant to the mayor who runs the city’s nuisance program, defended the bar, which is now under new management. “And those [problems] they’re really working on. They have been putting an awful lot of money into that establishment,” she said.

Rocco agreed with Butler that the existing system is working. “Both Chief Malley and now Capt. Ciresi have done a great job of notifying me right away when these things arise and coordinating with other departments,” she said.

Councilperson wonders if there’s a ‘disconnect’

In the absence of evidence to suggest otherwise, Councilperson Monique Smith (At-Large) wondered what prompted Summers’ concerns seven months earlier. She questioned if there was a “disconnect” in the processes used to report incidents and add addresses to the list. “I feel like there’s something a little bit subjective in terms of the police department deciding to make a recommendation,” she said.

“I don’t want to say it’s subjective,” Rocco replied, “But you do have to be aware of what’s going on, and as you know, every department is very busy. I try to cross-reference our different reports we receive.”

Jeff Ashby, assistant public safety director and director of the division of housing and building, observed that the number of nuisance letters issued in 2010 was less than half of the total sent out the prior year. “I think it’s because word has gotten out and people are paying heed to what it is to have good tenants and be a good steward of the property,” he remarked.

The committee meeting can be seen in its entirety here: Part 1 and Part 2.

Mayor provides update on Clifton Blvd. Project: no money, no median

The Plain Dealer ran a decent story last weekend about the status of the effort to enhance Clifton Blvd. The current iteration of the project is quite different from the original proposal the public was pitched last year. Prior to Monday’s city council meeting, Mayor Summers gave the council a brief recap of the situation.

The city is willing to kick in $50,000 in order to receive $950,000 worth of transportation improvements including six high-tech bus stops, and bus-traffic light synchronization devices. The city declined to contribute an additional $486,000 to build a treeless median due to an uncertainty about the design and budget concerns.

“We couldn’t get a clear statement as to what design actually are we were talking about here,” Summers said. “It was sort of a leap of faith in the end that it was going to be a median with some uncertain dimensions to it and some uncertain capacity, but it would not be trees.”

Councilperson Brian Powers (At-Large) said he was contacted by a Plain Dealer reporter who was “fishing for controversy” for the article. Powers supported the mayor’s decision. “At this point in our history, economics trumps everything else given the cuts we’re facing,” he said. (Powers, it should be noted, was a leading proponent to boost the salaries of the mayor and the city council)

Summers was also unimpressed with the overall clarity of the plan. “In the last six months of the design it became much weaker and weaker and very unclear,” he said. “And then it was about, ‘Just support it, we’ll figure it all out later,’ and that didn’t make sense for us.”

The state’s Transportation Review Advisory Council is scheduled to vote on funding for the project on April 12th.

Video of the Summers’ comments can be seen here.

Mayor concerned there’s no more fat in budget to cut

Due to expected funding cuts from the state, the mayor said the city would have $386,000 less than expected this year and $1.4 million less in 2012.

“The thing that concerns me most is the expectation that there are other elements of significant savings that we have not have thought of or tried, and I am concerned that, in fact, there are not,” Summers said to the council.

The city will have a better estimate of its revenue after April 15th when income taxes are due and in late July when property taxes are due.

In the meantime, the mayor has been meeting with the city’s employees to explain the city’s financial status and prepare them for probable budget cuts.

Summers said on Monday he expected to travel to Columbus on Thursday to testify before the Ohio House of Representatives’ Agriculture and Natural Resources Subcommittee to explain how state funding cuts will affect the city. It was the only committee he could find interested in listening to his story. He told the council, “This legislature is not particularly interested in hearing from folks like us.”

Video of Summers’ comments to the council can be seen here.

Bruce Henthorn said he’d coveted the business location at the corner of Bunts Ave. and Detroit Ave. for a decade. After the Tuffy Auto Care Center closed late last year, he checked out the building and liked what he saw. “I just fell in love with it,” he said.

The West Park resident yesterday received approval from the city’s Planning Commission to operate a full-service automotive repair business at the site. The commission granted permission with the condition that no more than five cars could be stored outside overnight.

Henthorn must next secure approval from the city’s Architectural Board of Review (ABR).

Bruce’s Automotive and Fleet Services employs five people and specializes in auto repair work. It also maintains the auto fleet used by the Cleveland Federal Reserve.

Henthorn worked for a division of BP Oil for 21 years until it was sold. He then spent two years with National Tire and Battery before deciding to open his own shop on W. 140th St. in 2009. Both of his sons are St. Edward High School students.

Cozumel approved for outdoor dining

 

The city’s newest Mexican restaurant is on track to join the growing rank of local establishments that offer outdoor dining.

The Planning Commission approved Cozumel’s request to feature a seasonal outdoor dining facility. The business must still earn project approval from the ABR.

Cozumel plans to offer 36 seats outside along the western and northern side of the building. Architect Eli Mahler said some landscaping will be lost, and a handicapped parking spot must be relocated.

Separately, Assistant Director of Planning and Development Dru Siley gave administrative approval to Angelo’s Pizza’s request to renew its outdoor dining permit.

The Architectural Board of Review last month gave its unanimous approval to the design of a proposed new CVS on Detroit Ave.

CVS will move from a storefront just east of the Lakewood Public Library into a newly constructed 14,051 square foot building with 64 parking spots on the site of a vacant Lutheran church and school. To make way for the CVS, the church will be razed, along with all of the other buildings on the 1.5 acre area on Detroit Ave, between Arthur Ave. and Lakeland Ave. Construction is expected to begin in the late summer or early fall.

The developer, Lakewood-based Zaremba Group, worked informally with the city’s design board for several months to make adjustments to the initial project proposal. Zarmeba has some recent experience with the process — they re-developed the corner of W. 117th St. and Clifton Blvd. for a CVS.

“This is not a prototype,” said Sean McDermott, a senior development manager with Zaremba. McDermott is also a city resident and the vice president of LakewoodAlive’s board of directors. “The sophistication of the building has increased a lot,” one board member noted.

The new building will stand in close proximity to the southwest corner of Arthur Ave. and Detroit Ave., five feet off of the public right-of-way with a 13-foot wide sidewalk. The building’s placement is consistent with what the city desires in new commercial construction because it maintains the visual character of the area.

Unlike the Walgreens on Madison Ave. and on W. 117th St., the CVS will have full windows facing the main street enabling passersby to see into the store. The windows on the Arthur Ave. side of the store will be blocked out by seasonal black and white photos.

In consideration of the foot traffic to the nearby library, the site will have a distinct pedestrian path adjacent to the houses on its southernmost boundary. Out of a concern for safety, the brick and vegetative screening used to conceal the parking lot from view will not be used on the walkway. In 2008, a woman leaving Merry Arts Pub and Grille said she was raped after being forced into the alley between the Lutheran school and a house on Lakeland Ave.

The building’s parking lot will feature three bioswales to help with storm water management. Bioswales are planted areas that filter pollution and silt from surface runoff water. The YMCA and Garfield Elementary School parking lots both have bioswales.

In the interest of being a good neighbor, the store will have an internal compactor and the parking lot lighting system will be positioned in such a manner that there will be zero light spillage onto the surrounding properties.

Zaremba worked with the experts at Davey Tree and determined the property’s three existing trees were at or near the end of their life span and could not be saved. However, CVS has committed to the planting of mature pin oaks on the western side of the building and the installation of trees with deep wells on Detroit Ave. to minimize root damage to the sidewalk.

Lakewood Alive wants banner pole, Arthur Ave. resident concerned about increased traffic

LakewoodAlive Executive Director Mary Anne Crampton praised Zaremba and CVS for their adherence to several of the city’s preferred commercial design guidelines. She wondered if a few benches could be added to the mix, and asked if a banner pole could be installed on Detroit Ave. Her group inherited from its predecessor four snow-themed flags that were purchased several years ago for $1,600. They proved to be too heavy for the existing banner poles and have been kept in storage at the Beck Center.

Arthur Ave. resident Cory Bruaw said citizens on his street are circulating a petition to gauge interest in a self-assessment tax to finance the replacement of the city’s standard street light poles with more historic-looking light posts. They have in the past also been interested in rebuilding stonewalls that once stood at the end of the street. Bruaw asked if CVS would be interested in contributing to the projects.

In anticipation of an increase in automobile traffic, Bruaw requested parking lot signage to direct vehicles exiting the CVS parking lot toward Detroit Rd and away from Arthur Ave. In addition, he wondered if the RTA bus stop could be moved further west on Detroit Ave, closer to the CVS entrance . He was concerned about loitering and litter. “It always seems like that’s a dirty corner,” he said.

Zaremba project manager Sean McDermott indicated he talked with RTA and asked them about moving the bus stop. “They said, ‘Absolutely not, it’s staying where it’s at.’,” he said. Representatives of the Lakewood Public Library felt likewise, according to McDermott.

He said CVS is open to the idea of paying for underground electrical conduit on its property in support of new light posts. However, it is not as interested in rebuilding the stonewall. “They’re not jumping out of their seat to do it,” he said.

McDermott explained that signage will be posted to “deter” traffic from traveling south on Arthur Ave., but would not outright prohibit it.

Regarding Crampton’s requests for benches and banner poles, McDermott said both items could be added.

The board voted, with a couple of minor provisions, to approve Zaremba’s design proposal for the development. Once the building permits are secured, the property will formally change hands and demolition can begin. The church ownership group maintains the right to salvage the building’s stain glass and steeple.

Separately, the Planning Commission approved a request to consolidate the parcels that comprise the property and okayed the parking lot as a conditional use for the southern half of the land that is zoned as residential.

During the public comment portion of the meeting, Lakewood resident Tom Berry asked if the property had actually transferred ownership yet. He said Pilgrim Saint Paul Lutheran Church had a $300,000 lien on the property. McDermott replied that once the building permits are issued, the lien would be satisfied as part of the sales process.

Architectural Board of Review: An underrated group

Although they don’t get much credit or attention, the city’s Architectural Board of Review  (which triples as the Board of Building Standards and Sign Review Board) plays an important role in maintaining the quality of the city’s visual character by guiding property owners toward smart decisions that enhance the city’s appearance.

Here are some examples of their influence:

2085 Chesterland  (Ward 3)

This house caught fire and experienced significant damage to its second floor. Owner Michael Hein approached the ABR last summer with plans to convert it from a duplex to a one-and-a-half story single-family home with two first-floor bedrooms.

Hein, who had been slow to repair the house because of an insurance dispute and earned a spot in housing court as a result, was anxious to set things right. “I just want the job done,” he said.

In Hein’s haste to make progress, the design plans he submitted were contradictory and not to scale. For instance, the drawings didn’t provide for any windows on the upper half of the house, and called for an 18-ft high first-floor ceiling.

One board member called the drawings “too heavy-handed” and “out of context.” A building department representative described the renderings as “deceptive.” The board deferred a vote on the matter and asked Hein to resubmit the plans with the necessary corrections.

One month after his appearance before the ABR, Hein sold the home to Lakewood General Contractors for $10,000. It repaired the fire damage and kept the house configured as a duplex.

Cozumel –16512 Detroit Ave.  (Ward 1)

Last summer the effort to Mexicanize the distinct exterior of a building originally conceived as an IHOP clashed with the ABR’s standards of tasteful design.

The board okayed use of decorative steel tiles on the building’s peak, but refused to permit their use on the restaurant’s awnings. “It doesn’t seem right to us,” said one board member. “It looks too suburban,” another board member added, and noted it looked like something in a strip mall.

The installation team offered to reinforce the awnings to support the weight of the tiles, but the board would have none of it. It approved the changes to the building’s peak, but rejected the proposed alterations to the awnings.

Winking Lizard Tavern – 14018 Detroit Ave. (Ward 3)

With a building of obvious architectural significance, the ABR was careful in its March 2010 review of a request to add a permanent front awning to the Winking Lizard in support of an outdoor dining patio.

The operations manager at the restaurant wanted to build an overhang on the eastern half of the restaurant. The board was concerned it would detract from the structure’s appearance and asked him to instead consider placing it on the western half of the building.

He had to discuss it with his business partner who was out-of-town at the time, but eventually agreed to make the adjustment.

Former Kovachy Bros. Auto Parts – 12400 Detroit Ave. (Ward 4)

Strongsville resident Suleiman Hassan purchased the building on the northeast corner of Detroit Ave. and Cove Ave. in March 2009 for 60,000, and it has been practically vacant ever since.

Hassan contracted with Flemco, LLC in March of last year to replace the building’s leak-prone flat roof. The initial plan called for a shed-style arched roof to be added to the top of the structure. The board didn’t think it would be visually appropriate, but asked to see more detailed drawings of the proposal.

The board was frustrated at the next few meetings when the contractor showed up without the plans, and then changed the concept to a different roof style. The ABR eventually approved a roof design with a more gentle slop

Last week, Hassan gained approval from the board for an awning design plan. He said he couldn’t afford to paint the outside of the building, and didn’t give any indication when his dollar discount and beauty store would open.

16900 Detroit Avenue (Ward 1)

It’s a small wonder Angelo J. Coutris hasn’t appeared in housing court over the condition of the building he owns across from the YMCA. It’s falling apart, literally.  The windowsills have deteriorated and one neighbor said chunks of the building have fallen to the sidewalk.

He received design approval about a year ago to make improvements and renovations, but never followed through on the plans. He reappeared before the ABR a couple of months ago seeking approval for some adjustments to his initial designs.

Coutris wants to make structural improvements to the second floor of the building that would require extensive work on its brick walls. It will be an expensive project and Coutris said he wants to do it properly. The board has been trying to persuade him to use a brick veneer to cover the areas where bricks are removed.

Coutris, who initially wanted to use a cheaper and less aesthetically pleasing material, seemed opened to the idea. He is scheduled to discuss the situation further at next week’s ABR meeting.

Dunkin Donuts – 17609 Detroit Ave (Ward 1)

The ABR usually does a solid job of knocking down bad ideas before they can be actualized. The Dunkin Donuts on Detroit Ave. is an exception. Built a couple of years ago, it lacks the kind of sophistication and imagination one would hope to see in new construction, and does little to compliment the surrounding environment.

Thai Kitchen – 12210 Madison Ave (Ward 4)

The average Lakewood consumer may not pay much attention to it, but store signage is a big deal. People can’t buy stuff from a business if they don’t know it exists.

Restaurant co-owner John Sureemee invested $1,000 in new signage to improve the visibility of the small restaurant he and his wife purchased last July. They also worked with CEI to install a security light on a light post across the street to improve nighttime safety.

The couple lives in the adjoining building, and Sureemee said he hoped the signage the ABR approved would lead to an increase business and allow them to expand into the other half of the building which is currently vacant.

Feighan & Feighan – 14516 Detroit Avenue  (Ward 3)

The ABR last month rejected the initial sign proposal from a group of lawyers who work out of a storefront across from Lakewood Hospital. The board felt the sign was too busy, and wanted to see a more classical design. A representative for the group said he would adjust the proposal and resubmit it this month.