PHOTO BY BRUCE CHECEFSKY

Friday, September 6,2024; Residents protest proposed gas station at former CVS site at 10022 Madison Avenue: Christine Ferges’ sign says, “People over cars”.

PHOTO BY BRUCE CHECEFSKY

Friday, September 6,2024; Residents protest proposed gas station at former CVS site at 10022 Madison Avenue: (L-R) Nikki Hudson (Rear), Gloria Still, and Sunny Dhesi demonstrate their opposition to a proposed gas station at the Northeast corner of West Boulevard and Madison Avenue.

by Bruce Checefsky

   (Plain Press October 2024) Protesters stood in the rain at the corner of West Boulevard and Madison Ave to express their opposition and support for a plan to replace the former CVS building with a gas station. The proposed project is adjacent to Cudell Commons Park, Cudell Recreation Center, and Marion-Seltzer Elementary School. Many neighborhood residents opposed the plan, while several protestors supported it.

   Cudell Commons Park is a historic park and green space donated to the City of Cleveland by Frank E. Cudell in 1906. It is also where Cleveland policeman Timothy Loehmann and his partner, Officer Frank Garmback, shot and killed 12-year-old Tamir Rice in 2014. The Justice Department eventually closed the case after five years, citing a lack of evidence.

   In March 2021, Cleveland City Council passed an emergency resolution that traded portions of Cudell Park to the Cleveland Metropolitan School District for a new Marion-Seltzer Elementary School. CMSD halted plans for the new school this summer following months of protest from residents.

   Shaker Madison LLC submitted a request for a variance to Board of Zoning Appeals (BZA) earlier this year to build a gas station with an appeal for relief from the strict application of a section of the Cleveland Codified Ordinances prohibiting gas stations. Amean H. Mohammad, from North Royalton, is the registered agent of Shaker Madison LLC.

   In May, the Board of Zoning Appeals voted to reject his variance to allow a gas station at 10022 Madison. The area is a Pedestrian Retail Overlay District (PRO), which preserves the pedestrian-oriented character of the district and maintains the economic viability of early neighborhood shopping districts. PROs protect public safety by minimizing conflicts between vehicles and pedestrians.

   City Council Members Ward 11 Danny Kelly and Ward 10 Anthony Hariston proposed legislation to override the BZA ruling and eliminate the PRO designation in reaction to the BZA unanimous vote against the variance. The legislation would create a General Retail Business District (GRB). GRBs are designated for retail business uses, including gas stations, the sale of food and beverages of all kinds for consumption on the premises, general merchandise, apparel, furniture, household goods, and eating places.

   Former Council Member Brian Mooney named Danny Kelly as his replacement to represent Ward 11 last year after leaving to become a judge of the Cuyahoga County Court of Common Pleas General Division. Kelly is seeking re-election to a full four-year term in 2025.

   Organizers of the protest, Nikki Hudson and Faouzi Baddor, issued a statement days before the protest stating that Councilman Kelly’s insistence that he should have the final say on the use of this site “ignores the fact that this portion of Ward 11, known locally as the Scorpion’s Tail, was gerrymandered to reach former Councilwoman Dona Brady’s house on West Blvd near Clifton Ave, and is almost surrounded by Ward 15,” adding, “Ward 15 Council Member Jenny Spencer is opposed to building a gas station on this site.”

   Spencer said in an email to the Plain Press that Councilman Kelly “knows this, but I support keeping the existing Pedestrian Retail Overlay because I understand that years ago, residents worked hard to build consensus for that zoning change. In addition, I would be concerned that changing the zoning from Local Retail to General Retail could run the risk of undesirable uses.”

   She attached a letter submitted to the BZA outlining her opposition to the requested zoning variance, which stated, “Madison Avenue is the main street of the Cudell neighborhood and embodies the hopes and dreams of Cudell residents. Countless Ward 15 residents have raised their concern and opposition to this proposed development with valid concerns about existing, dangerous traffic patterns on West Boulevard.”

   Opponents of the district argue that gas stations come with environmental concerns and crime associated with alcohol sales.

   “I am standing in the rain because I do not like the idea of a gas station coming where people live,” said Sarah Furst, a local resident. “It adds more danger to the traffic that is already here.”

   Stephanie Dibetro supports the project. She resides across the street from the former CVS building and said the owners are good people.

   “The family that is trying to build here is good. They always have security in their stores; everything is safe. I frequented their stores for the past ten years,” she said.

   Gloria Still and Nikki Hudson believe a gas station does not fit in the community.

   “The traffic is terrible at this intersection. There is a school, a recreation center, and a park immediately adjacent to the site,” said Hudson. “A gas station would cause problems for the neighborhood.”

   Standing under an umbrella holding a pink sign that read People Over Cars, Christine Ferges said that Kelly told residents a gas station was better than nothing.

   “We deserve better than nothing,” Ferges said. “Give us housing or a grocery store, not a gas station. There are so many social and environmental reasons why this is not a good idea.”

   Sunny Dhesi echoed her concerns.

   “The intersection is already horrible, plus the children trying to cross the street is a problem,” he said.

   Alex Hamidah said a gas station on Madison and W100 Street would end up like the Hanini Petroleum HP gas station on Lorain and W73 Street.

   “This is going to bring a lot of headaches, traffic, and drama,” he said. “This area is finally coming clean, and we do not need this mess.”

   Back in March, Kelly invited neighbors to the Cudell Recreation Center to discuss what he felt was a necessary decision to eliminate the PRO designation after residents complained that a gas station was not a good fit for that neighborhood.

   Kelly told SCENE Magazine in July that he rejected the idea that the former CVS site should wait for a pedestrian-friendly retail business.

   “It’s no real animosity or something,” he said. “I just want to be able to look at it to get somebody to occupy that building. I don’t believe they [BZA] have the right to tell me what they can allow.”

   Neither Kelly nor Hariston responded to repeated requests for comment.