Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals David Lehman, Chair John Dohner, Vice Chair Robert Drew Frederick Jahn Louis Wagner Kris McMaster, Associate Planner Aimee Lane, Assistant City Solicitor Thursday, March 19, 2015 7:30 PM Town Hall I. Call to Order Acting Chairman Lehman called to order the regular meeting of the Board of Zoning and Building Appeals at 7:30 p.m. II. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, David Lehman and Mr. Wagner III. Identification, by Chairman, of Mark Richardson, Community Development Director, and Aimee W. Lane, Assistant City Solicitor. Meeting minutes were taken by Judy Westfall, Clerk. A video recording of this meeting is available on the City of Hudson website. Except where otherwise noted, public notice as required in the Land Development Code was provided for all matters that come before this meeting of the City of Hudson Board of Zoning and Building Appeals. IV. Swearing in of Staff and Audience Addressing the Board. Mrs. Lane swore in staff and all the persons wishing to speak under oath. V. Approval of Minutes Mr. Drew made a motion to approve the minutes of the November 20, 2014 meeting as written. Mr. Dohner seconded the motion. The motion passed with the vote below; Aye: 5- Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final March 19, 2015 VI. Election of Officers Mr. Wagner made a motion to nominate Mr. Lehman as Chair and Mr. Dohner as Vice-Chair. Mr. Drew seconded the motion. The motion carried as below: Aye: 5- Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner VII. Public Hearing VIII. New Business A. BZBA 2015-01 A VARIANCE OF FOUR(4) FEET FROM THE MINIMUM SIDE YARD SETBACK OF EIGHT (8) FEET TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY RESIDENCE AT 65 COLLEGE STREET RESULTING IN A SETBACK OF FOUR (4) FEET PURSUANT TO SECTION 1205.07(d)(6)(B)(i) OF THE LAND DEVELOPMENT CODE - MINIMUM SIDE YARD SETBACK. The applicant is Bill Young of Legacy Remodeling Team, 5751 Darrow Road for property owners Richard and Anne Runkel, Trustees in District 4 [Historic Residential Neighborhood]. Attachments: Attachments Mr. Richardson provided a summary of the case. He noted that the property owners wish to replace an existing deck with an addition including a garage which will face the rear of the property. There is no garage currently on the property. Mr. Young requested confirmation and Mr. Richardson confirmed that the setback for a detached structure is 4 feet. Mr. Young stated that an attached garage added more value to the property than a detached garage. The Board members and applicant discussed the case. Mr. Lehman opened the meeting to public comment. Francoise Kenney, 63 College Street, expressed concerns regarding the setback of the driveway and drainage due to the increased amount of impervious surface. Mr. Lehman closed the public portion of the meeting. The Board discussed the testimony presented and the staff report. A motion was made by Mr. Jahn, seconded by Mr. Drew, that based on the evidence presented to the Board by Mr. Young, the Board hereby approves: A variance of four (4) feet from the required side yard setback of eight (8) feet resulting in a four-foot setback to construct an addition and attached garage on to the residence pursuant to section City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final March 19, 2015 1205.07(d)(6)(B)(i) of the Land Development Code "Minimum Side Yard Setback". The variance is granted with the condition that the variance must be reviewed by the Engineering Department of the City of Hudson to look at storm water runoff to make sure that it is not adversely affecting the neighboring property to the south of the subject property. 1. the property in question will yield a reasonable return and there can be a beneficial use of the property without the variance because currently it is a viable residential property; however, the requested variance will improve the property and enhance the livability of the home; 2. the variance is insubstantial because the existing home does not meet the eight foot setback requirement, and this addition will result in a side setback of four feet which is not much different from the existing setback; 3. the essential character of the neighborhood would not be substantially altered and adjoining properties would not suffer a substantial detriment as a result of the variance because of the minimal difference between the existing side setback and the addition's side setback because there is a difference of only one foot, i.e., five feet versus four feet; 4. the variance would not adversely affect the delivery of governmental services; 5. the owner purchased the property with knowledge of the zoning restrictions; 6. the applicant's predicament feasibly cannot be resolved through some method other than the variance, and 7. the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. The motion was approved with conditions by the following vote: Aye: 4- Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner Nay: 1- Mr. Dohner IX. Other Business Mr. Drew reviewed the progress of the Comprehensive Plan Review Committee. Mr. Drew also commented on a recent series of classes regarding Western Reserve architecture offered by the Hudson Heritage Association. Mr. Lehman asked Mrs. Lane to give an update regarding the status of the City of Akron versus Hudson court case. Mr. Richardson indicated that no cases have been received for the April meeting of the Board of Zoning and Building Appeals. Mr. Drew commented on the light caseload of the Board recently. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final March 19, 2015 X. Adjournment Mr. Drew made a motion seconded by Mr. Wagner to adjourn the meeting at 8:15. Aye: 5- Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner ________________________________ David W. Lehman, Chair ________________________________ John M. Dohner, Vice Chair ________________________________ Judy Westfall, Account Clerk II Upon approval by the Board of Zoning & Building Appeals, this official written summary of the meeting minutes shall become a permanent record, and the official minutes shall also consist of a permanent audio and video recording, excluding executive sessions, in accordance with Codified Ordinances, Section 252.04, Minutes of Architectural and Historic Board of Review, Board of Zoning and Building Appeals, and Planning Commission. City of Hudson, Ohio Page 4