University Heights City Council permits kosher take-out pizza restaurant in city
Updated Aug 5, 2010 ; Posted Aug 5, 2010
By Ed Wittenberg, special to cleveland.com
UNIVERSITY HEIGHTS -- City Council finally figured out a way to "put a square peg in a round hole" July 28, as it granted a special permit for one year, with two key conditions, for a kosher take-out pizza restaurant in the city.
Four council members used that same phrase, expressing their frustration in trying to accommodate the unique nature of Top It Off Pizza.
Two of those council members, Steve Bullock and Kevin Patrick Murphy, voted no. But council, by a 4-2 vote, still overturned a June 9 decision by the city's Board of Zoning Appeals to deny the permit.
Talia Gahanian and Zahava Seltzer, both of University Heights, will operate the restaurant out of the Heights Jewish Center, 14270 Cedar Road. They will offer curbside pickup.
But they were granted the special permit, effective Oct. 1 through Sept. 30, 2011, with the condition of home delivery only — no pickup — from Memorial Day through Labor Day, which is the city's summer pool season.
The Heights Jewish Center is adjacent to Purvis Park, at Cedar and Wrenford roads, and the synagogue's parking lot is used for access to the swimming pool and the park.
Conditions attached to special permit
Concerns about traffic and safety caused council to not allow any pickup of pizzas during the summer, while the pool is open.
A second condition imposed by council is that Gahanian and Seltzer must provide a certificate of insurance, naming the city as an additional insured party, before they can receive a permit and begin operation.
A special permit is required since the property is located in a U-2 multi-family district. After the BZA voted, 4-1, to deny the permit, Gahanian and Seltzer appealed the decision to council.
Council originally heard the appeal June 21, but voted to table the issue to allow for further discussion.
"The synagogue has really been a good neighbor of University Heights, and I want to continue that relationship," Vice Mayor Frankie Goldberg said July 28.
"I'd also like to see a small, niche business succeed in this community by two women. I think that's wonderful."
cited by opponents
But Murphy and Bullock both said their concerns for safety would not allow them to vote in favor of the proposal.
"The main issue for me is the police chief and deputy chief said this isn't safe for kids," Murphy said. "If anything happens to a kid, I couldn't sleep. I would feel responsible."
Bullock said for council to overturn a BZA decision, "there has to be compelling reasons to do so."
"I have not heard anything that compels me to vote in favor of this request," he said. "It is way too conditional."
Police Chief Gary Stehlik said since council did not approve pickup of pizzas during the summer, his concerns were alleviated.
"I was concerned with potential conflicts with pedestrians and cars in that area," he said.
City Law Director Ken Fisher said no pickup means exactly that. Even if someone already at the pool walks over to the Heights Jewish Center and wants to buy a pizza, that is not permitted, he said. It has to be delivered.
"There is to be no pedestrian or vehicular traffic related to the pizza business in the parking area (during the summer) because of the shared use of the synagogue parking lot and the Purvis Park recreation users and the potential safety issue," Fisher said.
Gahanian balked at first at the no-pickup restriction, saying it was "not a feasible business plan."
But after the meeting, she said it will be difficult but not "undoable."
"It's kind of inconvenient, but if that's what it takes to make it work, that's what we'll do," she said.
Additional costs for
summer-only delivery
Gahanian noted there will be additional cost for Top It Off Pizza to do delivery only during the summer. She said she will need to purchase another vehicle and hire another employee.
Fisher said if Gahanian and Seltzer want to renew the special permit next year, they will have to go back to the BZA, as jurisdiction over the permit reverts to that board, per the city's code.
"They will have to file a new application before Sept. 30 (2011)," he said.
Joan Horowitz, who runs the concession stand at Purvis Park through Snacks and Stuff Inc., said she doesn't believe Top It Off Pizza will be in competition with her business.
"We sell slices of pizza, not whole pizzas, and their food is kosher; my pizza is not," she said.
"I don't think it will be a problem. I wish them the best of luck."
Gahanian said she plans to open Top It Off Pizza in early October.
Hours of operation are to be 11 a.m. to 8 p.m. Sunday through Thursday and 11 a.m. to 2 p.m. Friday. It will be closed Saturday.
Contact Wittenberg at
(216) 986-5896 or ewittenberg@sunnews.com