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Commission approves rezoning of 1.17 acres near Dunham Avenue and Fostoria Street to commercial
Summary
The commission approved rezoning about 1.17 acres bounded by Dunham Avenue, Fostoria Street and US‑59 frontage from single‑family R‑1 to general commercial after a public hearing where the owner Carl A. Smith said he paid commercial price and taxes and asked to restore commercial zoning; staff did not make a recommendation.
The City of Cleveland Planning and Zoning Commission approved a rezoning request for about 1.17 acres located between Dunham Avenue, Fostoria Street and the US‑59 northbound frontage road, changing the base zoning from single‑family detached residential (R‑1) to general commercial (GC). The commission voted 3‑0 to approve the change.
Milu Lovaro, director of community development, described the site as vacant and undeveloped and noted the property is designated residential on the city's future land use map, though commercial zoning lies immediately across the street. Lovaro told the commission staff did not make a recommendation on this specific application because she could not locate an ordinance codifying a historic district overlay that appears on some maps; she said, "I have tried to locate where it's codified in our code where there is an ordinance or a resolution adopting this historic district. I haven't been successful in locating those records." Lovaro also explained that a straight rezoning would allow any use permitted in GC if development standards are met and that buffer yard provisions would apply where commercial abuts residential.
Property owner Carl A. Smith participated by phone and said he bought the parcel in about 2008, paid a commercial price and has paid commercial property tax since acquiring it. Smith told the commission he had a prospective tenant and that the property had recently been shown as residential zoning without his knowledge. He said, "I paid a commercial price for it... I paid commercial property tax on it ever since... If it's residential now, that devaluates my property considerably." Smith urged the commission to restore commercial zoning.
Commission discussion touched on practical access limitations: Lovaro noted the US‑59 frontage in that area is not contiguous because of the railroad and that isolation could limit some commercial uses that expect freeway ramp access. Commissioners also discussed the historic‑district overlay shown on maps and the uncertainty because staff could not find the underlying ordinance.
Action: the commission approved the rezoning from R‑1 to GC by a 3‑0 vote. The approval is a straight rezoning; any future development will require adherence to city codes, buffering, and stormwater detention if applicable.
Next steps: zoning map will be updated and the owner or future developer must submit site plans and permit applications that meet applicable development standards and any overlay provisions if staff locates an adopted historic ordinance.
