Safety issues raised in debate on granting nightclub variance
for Touch Supper Club
by Chuck Hoven

(Plain Press, February 2008) At the January 7th Board of Zoning Appeals (BOZA) hearing for Touch Supper Club, 2710 Lorain Avenue, a conditional variance was granted to allow Touch Supper Club to operate a nightclub and restaurant on two floors. The variance was based on Touch Supper Club being able to secure enough parking places through agreements with neighborhood businesses with parking lots. As the Plain Press goes to press, a final resolution from BOZA is still pending while waiting for an acceptable parking lease agreement.

A tape of the hearing reveals some confusion by members of BOZA as to whether the hearing was to address just the parking issue or both the parking issue and the issue of a non-conforming use, i.e. use of the building as a nightclub.

Several residents raised questions as to why the City of Cleveland Deputy Director of Building and Housing and Chief Building Official David Cooper had changed the city’s position since testimony at the Board of Building Standards in September. BOZA Chair Carol Johnson asked Cooper to respond to the charges that he had flip-flopped on the issue and accusations flying. She said, “Are you being bought off?”

Cooper responded by saying, “documentation was obtained after the hearing that I did not have previously.” He said the documents he obtained proved an existing non-conforming use. (Residents attending the BOZA hearing say that Cooper did not produce any documents to support his contention.)

Cooper said, “The Chief Building Official is responsible for approval of a Certificate of Occupancy, not the Fire Marshall.” (Testimony and documents from fire officials were presented at the Board of Building Standards). Cooper went on to say, “If I thought a serious hazard existed I would have required changes.”

Cooper said that he personally inspected the space with Lieutenant Douglas Veselsky, Chief Inspector/Fire Prevention Specialist from the Division of Fire’s Fire Prevention Bureau, and Cooper said he was satisfied “there are no serious hazards.”

At the September Board of Building Standard hearing, reported on in the October Issue of the Plain Press, Veselsky initially gave a positive report on the Touch Supper Club saying the crowd was small on the night he attended. He failed to bring to the attention of the Board of Building Standards a previous inspection by another fire official, which noted there were 150 people in the club and cited numerous concerns about fire safety. Instead, a concerned citizen, Henry Senyak, brought that report to the attention of the Board of Building Standards. After the presenting of the evidence in that report, Veselsky admitted that the basement should not be used.

After reviewing the evidence presented, the Board of Building Standards issued a ruling “to require the Appellant apply for all the required permits within thirty days; to cease use of the basement and to limit the first floor occupancy to 49 until these permits are obtained.” The Board of Building Standards then said, “the property is remanded at this time to the Department of Building and Housing for supervision and any required further action.”

Despite the order from the Board of Building Standards, the Touch Supper Club never ceased use of its basement. It continued to use it as a nightclub.  

At a meeting of the Jay Carroll Bridge Block Club, owner representative Robert Ivanov admitted he did not cease use of the basement despite the order from the Board of Building Standards. He said he felt he didn’t need to do much of a change, just get the paperwork so what he was already doing could be “legalized.”

Chief Building Officer David Cooper, in attendance at the meeting, said if an establishment was cited for having live entertainment and had a valid certificate of occupancy, during appeal they are allowed to continue operating. “I told him that he was allowed to continue,” said Cooper.

Chief Fire Inspector Veselsky spoke at the Arrupe Chatham Monroe Corridor Block Club meeting. He too contradicted the Board of Building Standards ruling by saying use of both the basement and first floor met legal requirements and each floor could hold up to 49 people safely.

After Veselsky had left that meeting, owner representative Robert Ivanov was asked, “If there were 98 people in the building would he have someone at the door going to the basement to assure that no more than 49 people went downstairs?” Ivanov responded that he would have to ask the Fire Marshall to see if he was required to do that.

Ivanov convinced the majority of residents in two Ohio City Block Clubs to support his continued use of the basement as a nightclub, a use he said was necessary to allow him to continue the fine dining establishment upstairs. A majority at the Jay Carroll Bridge Block Club agreed to support a variance for the club based on a limit of 49 people on each floor, as well as the club securing written agreements for parking spaces in the neighborhood.

However, questions remained in the minds of several activists who attended the BOZA hearing.

Henry Senyak said, “In my opinion David Cooper exceeded his authority as Chief Building Officer in allowing Touch Supper Club to continue to use the basement after the Board of Building Standards ordered them to cease use.”

Senyak also would like to see the documentation Cooper claims to have of an existing occupancy permit allowing use of the basement. His own records search revealed only an occupancy permit for a first-floor-only coffee shop in 1996.

Senyak says he believes that Touch Supper Club should be allowed to operate at that location only if they have the right safeguards in place. He cited the need for a sprinkler system up to the standards of the current fire code, plus off-duty police officers hired for security when the building is in use as a nightclub to assure safety of patrons, staff and the surrounding residents and businesses.

Ohio City resident Ted Thelander, concerned about safety and potential liability to the taxpayers, asked why city officials “allowed the expansion of a non-conforming use when they know they are putting Clevelanders and visitors at risk for a catastrophic event?”

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