Board of Zoning Appeals says no to adult cabaret on W. 25th
by Chuck Hoven

(Plain Press, May 2008) In a unanimous vote, the Board of Zoning Appeals decided at an April 21st hearing not to grant a variance to an adult cabaret proposed for W. 25th and Meyer Avenue.

Over thirty people packed into the Board of Zoning Appeals hearing room on the fifth floor of City Hall for an appeal by D.T.R.G. Inc. to build an adult cabaret on the corner of W. 25th and Meyer Avenue. Most of those in attendance came to oppose the building of the adult cabaret on the site of the former Monroe’s adult entertainment club, which burned down last November. Many of those in attendance came in vans from area churches. Clark Metro Development Corporation helped coordinate the transportation after residents requested it at a March 19th neighborhood meeting held to discuss the proposed adult cabaret.

Attorneys for D.T.R.G. and two of the partners in the corporation, Tom Klein and Gary Brooks, tried to make the argument that adult entertainment was grandfathered in at the site because there had been adult entertainment there before the city passed its adult entertainment ordinance. They argued that after the November 9th fire at Monroe’s, the city tore down the structure the next day without permission of the owners. They argued that four walls were still standing after the fire and the structure could have been rebuilt. They contended that the city denied their due process rights by tearing down the building without notice and was now violating their grandfather rights by making the owners subject to current zoning law.

City of Cleveland attorneys countered the arguments of D.T.R.G. saying that, at the time the permit was applied for, there was no building on the lot –so the current zoning law applies. (The current zoning for the City of Cleveland prohibits building an adult cabaret at the site because of its proximity to residences, churches, schools, playgrounds, and Metro Hospital.)

 Members of the Board of Zoning Appeals told the owners that they could only rule on the zoning issues before them, if the owners wanted to challenge the city for demolishing their building, they would have to do that in court or before the Board of Building Standards.

Attorney Michael Murray, representing D.T.R.G., said the owners of D.T.R.G. agreed to landscape the new facility to the city’s specifications. He also then admitted the proposed site did not meet the city’s current zoning restrictions of distances from residences, churches, schools, the hospital and playgrounds.

Residents and members of area churches then had an opportunity to testify. Chris Jenkins, a resident of the apartment building next door to the club, testified that when Monroe’s was open, there was constant “upheaval and disturbance.” He cited broken windows, property damage and urination in the main entrance of the apartment as some of the problems caused by the presence of the club.

Maria Davila, executive director of Clark Metro Development Corporation, read resolution by the 30th and Sackett Block Club that noted the area was already saturated with adult businesses. The resolution stated that such businesses “attract drug trafficking, prostitution and myriad of other problems.” Davila then read a resolution from the W. 44th and Storer Block club contending that the club interfered with the quality of life in the neighborhood and “should not be forced on our children.” Davila also noted the opposition to the club by the Women’s Ministry of Freedom and the Coalition of Latino Pastors.

Rebecca Kempton, a member of the Clark Metro Development Corporation Board of Trustees, testified as to the strong feelings of residents who opposed “rebuilding the establishment.”

Tremont West Development Corporation Executive Director Chris Garland testified that the Metro North Block passed a resolution at its March 25th meeting in opposition to granting a variance to the adult cabaret.

A resident expressed concern about the negative impact of an adult cabaret on children that use the swimming pool at W. 30th and Meyer. She said, “It is not a very good encouragement when they see prostitutes soliciting.”

A representative of St. Michaels’ Church said a pimp had approached a neighborhood woman to try to recruit her as a prostitute.

An attorney for the Cleveland Board of Education Attorney testified that the principal of Lincoln West High School and the Board of Education were strongly opposed to the locating an adult cabaret on the site, which is within about 500 feet from the high school.

A representative of a near by day care center testified in opposition to the club citing the danger of exposing children to drugs and violence while on their community walks around the neighborhood. She said she had signatures from the families served by the day care expressing their opposition to the adult cabaret.

The pastor of Iglesia del Salvador Betesda, at 3232 W. 25th just across W. 25th Street from the proposed site of the adult cabaret, testified that on many Friday nights female members of his church had been approached by men propositioning them for sex. He said the entrance to his church has been used as a urinal and a toilet and that found needles from drug use on church grounds.

One neighborhood resident spoke in favor of the adult cabaret. He said he was a patron of Monroe’s and didn’t believe it was the cause of the crime in the neighborhood.

After hearing the testimony, the four members of the Board of Zoning Appeals in attendance voted unanimously to oppose granting a variance.

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