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, City Planner Nicholas Sugar, Associate Planner Matthew Vazzana, Assistant City Attorney Thursday, January 18, 2018 7:30 PM Town Hall I. Call to Order Chairman Lehman called to order the regularly scheduled meeting of the Board of Zoning & Building Appeals at 7:30 p.m., in accordance with the Sunshine Laws of the State of Ohio, O.R.C. Section 121.22. II. Oath of Office Mr. Vazzana swore in Mr. Drew and Mr. Wagner to the BZBA for a four-year term beginning January 1, 2018. III. Election of Officers Mr. Drew nominated Mr. Lehman as Chairperson of the Board of Zoning and Building Appeals, Mr. Jahn seconded the motion. The motion carried unanimously. Mr. Wagner nominated Mr. Dohner as Vice Chairperson of the Board of Zoning and Building Appeals, Mr. Jahn seconded the motion. The motion carried unanimously. IV. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner V. Identification, by Chairman, of Kris McMaster, City Planner; Nick Sugar, Associate Planner; and Matthew Vazzana, Assistant City Attorney. Chair Lehman congratulated Mrs. Kris McMaster on her recent promotion to the position of City Planner. Mr. Lehman then welcomed Mr. Nick Sugar and announced he will become the staff person at BZBA meetings and introduced Assistant City Attorney Mr. Matthew Vazzana. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 VI. Swearing in of Staff and Audience Addressing the Board. Mr. Vazzana swore in all persons desiring to speak under oath. VII. Approval of Minutes A. BZBZ 12-14-17 MINUTES OF PREVIOUS BOARD OF ZONING & BUILDING APPEALS MEETING: December 14, 2017. Attachments: BZBA Minutes 12-14-2017 A motion was made by Mr. Dohner , seconded by Mr. Wagner, that the December 14, 2017 Minutes be approved as submitted. The motion carried by an unanimous vote. VIII. Public Hearings - New Business Chair Lehman congratulated Mrs. Kris McMaster on her recent promotion to the position of City Planner. Mr. Lehman then welcomed Mr. Nick Sugar and announced he will become the staff person at BZBA meetings and introduced Assistant City Attorney Mr. Matthew Vazzana. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 A. BZBA 2018-01 A variance of five (5) feet from the required east side yard setback of eight (8) feet to allow for an addition resulting in a three (3) foot side yard setback, pursuant to Section 1205.07(d)(6)(B)(i) “Setbacks - Minimum Side Yard Setback”; 2] a variance of thirty-seven (37) feet from the required rear yard setback of forty (40) feet to allow for an existing detached garage to be converted to a master bedroom and bath resulting in a three (3) foot rear yard setback, pursuant to Section 1205.07(d)(6)(C)(i) “Setbacks - Rear Yard Depth”; 3] and 4] variances from the requirement that doors for attached garages are not permitted to face the street to allow a two-door garage door entrance to face the street pursuant to Section 1205.07(d)(9)(D)(i) “Building Siting and Orientation - Private Garages”, and Appendix D, III-1 (a)(4), “Architectural and Design Standards - General Standards for all buildings” of the City of Hudson Land Development Code. The applicant is Rick Hawksley, Architect, 160 North Chestnut Street, Ravenna, OH 44240 and the owner is Jeffrey M. and Elizabeth J. Horomanski, 188 Hudson Street, Hudson, OH 44236 for the property at 188 Hudson Street, Hudson, OH 44236 in District 4 [Historic Residential Neighborhood]. Attachments: BZBA 2018-01 Staff Report Mr. Rick Hawksley the architect and applicant was present for the meeting and discussion. Mrs. McMaster gave the staff report on this 1928 built home that was purchased by the owners in 2017. This application is a request to change the detached garage into attached living quarters with a music studio 0n the second floor. This requires variances on the setbacks and also to permit a front facing garage, in front of the existing garage that has front facing doors. Mrs. McMaster reported that this application was heard by the AHBR which did not have any questions and stated the design is on the right track and will consider approval if the project returns to AHBR. Mr. Hawksley stated this project is to make the house more livable on the small lot. The existing house was built as a barn and was converted to a house with an addition in the 1970s. Additional storage is an important part of the project since this home does not have a basement. The existing driveway presents problems because of the entry angle. The existing courtyard will be partially covered. In response to questions from the Board, Mr. Hawksley said there is no second floor over the present garage and that the proposed addition will add 1088 square feet to the existing 2145 square foot house while reducing the amount of impervious surface. The proposed garage is about five feet higher than the existing garage at the peak and it will be difficult to screen the new structure because of a lack of space between the structure and the property line. The Board noted that a majority of the houses in the neighborhood do have front facing garages and there seems to be no alternative to the front facing garage with this house. Mr. Hawksley said other design alternatives were considered but the current proposal best allows a usable second story for the master bedroom and storage area, while limiting the height of the building. Chair Lehman closed the public portion of the hearing. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 The Board recognized the challenging nature of this project and appreciates this well thought out plan that improves the house by repurposing the existing structure and feels it is the best solution. After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Drew made a motion seconded by Mr. Jahn that variances one and two be granted. The Board of Zoning and Building Appeals finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the variance however, in this particular neighborhood and this particular lot and this site, these additions need to be made and the only way they can be done are with these variances. 2. The variances are substantial because the requests are for changing a required forty-foot setback to a three-foot setback and a required eight-foot setback to a three-foot setback, however we are not changing the siting of the property. The only substantive change is the detached garage will become an attached garage 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment as a result of the variances, in fact the neighboring properties will be enhanced with improvements to this house. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives without the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as presented since it is the only viable alternative to achieve the needs for this property with the unique size and shape of the existing house and lot and the neighborhood the house is located in. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Drew made a motion, seconded by Mr. Wagner that variances three and four be granted. The Board of Zoning and Building Appeals finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the variance however, the Code requires garage space and with the location of this garage the requirement can only be practically met with front facing doors. 2. The variance is insubstantial because this house and most of the houses in this neighborhood have front facing garages. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment as a result of the variances because most of the houses in the neighborhood presently have front facing garages. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives without the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as presented since the front facing garage is required to complete this project as it has been designed and is the only practical solution to the problem. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 B. BZBA 2018-02 A variance from the requirement to utilize public water and sewer in order to have a water well and septic system on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The applicant is Jon Russell for Prestige Homes, 17 W Streetsboro St, Hudson, OH 44236. The property owner is Arthur Ray Dalton Trustee, 1808 Hines Hill Road, Hudson, OH 44236 for the property at 1808 Hines Hill Rd in District 2 [Rural Residential Conservation]. Attachments: BZBA 2018-02 Staff Report Mr. John Russell representing Prestige Homes was present for the meeting and discussion. Mr. Sugar gave the report on the existing single family home on the property which has received a demolition permit. This application is a request for a water well and septic system instead of meeting the requirement to use public water and sanitary sewers. The closest sewer line is approximately 880 feet away and the closest water line is approximately 3,300 feet away. Mr. Sugar stated that the applicant has submitted information that the cost to connect to public water and sanitary sewer will be approximately $199,400. A lot consolidation for this property is currently under review. Mr. Russell stated that the previous home has been demolished and that five parcels are being consolidated into one, six-acre parcel and the new home will be located near the previous home site. After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Jahn motioned and Mr. Dohner seconded the motion that the Board of Zoning and Building Appeals grant the variances: The Board Finds and Concludes: 1. The property in question will not yield a reasonable return and there cannot be a beneficial use of the property without the variance since the property has no dwelling. 2. The variance is insubstantial because in this area other houses have water wells and septic systems. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment as a result of the variances because most of the houses in the area have water wells and septic systems. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives without the requested variance. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as presented. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner Following the approval of the variance Mr. Dohner moved and Mr. Wagner seconded the motion to reconsider the motion and add the following condition: 1. When City water and / or sanitary sewer lines become available to the property, the property owner is required to connect to these services. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 C. PC 2018-03 Site Plan Review for a proposed 18,106 square foot building, located at 1764 Georgetown Road, District 8- Industrial Business Park, submitted by Jason Kekic. Attachments: 1764-1800 Georgetown Rd Staff Report 2-12-18 Mr. Sugar introduced this case consisting of two dockets, regarding two adjacent properties on which the applicant, who purchased the property in 1986, would like to build two identical flex space buildings, one on each of the properties. There is an existing water retention basin that sits between the two buildings that is part of a storm water easement. The building at 1768 will be adjacent to a residential neighborhood. The City Engineer has recommended that the easement of the basins not be encroached and that the sidewalks not be built with the money being deposited into the City sidewalk fund. The applicant, Mr. Jason Kekie representing Hejduk Cox and Associates and Mr. George Zampelli of Hudson South Development Company were present for the meeting and discussion. Mr. Kekie and Mr. Zampelli stated that the basin easement buffer presents a problem since the easement takes a third to a half of the width of each parcel, thereby limiting the buildable area which necessitates variances to the setbacks. Mr. Zampelli also noted the cost of sidewalks will be approximately $20,000 and there are no other sidewalks on Georgetown Road. In response to questions from the Board, Mr. Kekie and Mr. Zampelli both stated it is possible to reduce the size of the buildings but that is neither practical or desirable since it would require eliminating a complete unit in the building. Mr. Zampelli noted that the requested building design has proven very successful both in rentability and appearance and they will match other existing buildings. The buildings themselves are combinations of office and warehouse space, mainly serviced by box trucks. Post lights with minimal lighting will be used with no lights on the back of the building. Mr. Zampelli stated that mounding will be done behind both of the buildings. Mr. Ethan Benore, 1679 East Sapphire Drive appreciated the comments of the Board regarding limiting the light and noise into the neighborhood. Mr. Benore is also concerned about water drainage onto his property. Mrs. McMaster noted that the City Engineer will address the issue of not directing water onto neighboring properties. Mr. Zampelli stated that the water into the neighborhood is not from Georgetown Road, it is from the west and south. This was explored by Mr. Zampelli and one of the neighbors previously. Mr. Zampelli also said they will try to force all the water into the retention basins. Mr. Xin Liang of 1071 East Sapphire Drive asked the Board if there is anything the City can do about water on the properties on East Sapphire. Mrs. McMaster encouraged Mr. Liang to contact City Engineering regarding any existing water issues. Ms. Caroline Ujvari read a letter on behalf of her father, Mr. Timothy Ujvari of 1661 E. Sapphire who stated setbacks were established in the Land Development Code to protect land owners and opposes the granting of the variance. Mr. Lehman closed the public meeting. City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 The Board recognized that Parcel H is only requesting a nine percent variance which is probably not noticeable and that the mounding and screening will be very positive. However, the side yard setback does have impact on the retaining basin. After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Drew motioned and Mr. Dohner seconded the motion that the Board of Zoning and Building Appeals grant variances one and two with the following conditions: 1. Lighting in the rear will be restricted and be only post lights as stated by the applicant. 2. The applicant will be required to do mounding and screening as determined as appropriate by the City Engineer’s office. The Board Finds and Concludes: 1. The property in question may not yield a reasonable return and there may not be a beneficial use of the property without the variances since the applicant has expressed a desire to build mirror image buildings, compatible with other buildings in the neighborhood. 2. The variances are insubstantial, while the rear yard setback is the more sensitive to the neighbors to the south this rear yard setback variance is only nine feet of the one hundred feet required setback which is less than ten percent of the requirement. The side yard setback is from a retaining pond. 3. The essential character of the neighborhood would not be substantially altered and adjoining properties will not suffer a detriment since the rear yard setback variance is less than ten percent. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives without the requested variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by permitting the construction of this building since the development of these properties is a benefit to Georgetown Road, a benefit to the City tax base and the impact to the neighbors in minimal, less than ten percent variance. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 9 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Dohner motioned and Mr. Drew seconded the motion that the Board of Zoning and Building Appeals grants variance number three with the following condition: 1. The conditions outlined in the January 11, 2018 letter from Assistant City Manager Thom Sheridan be followed, specifically the conditions imposed through the section referencing the proposed sidewalk plans. The Board Finds and Concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the variance. 2. The variance is insubstantial because this and the adjoining properties would be the only sidewalks on Georgetown Road. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment as a result of this variance. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives than the subject variance with certain conditions attached. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 10 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 D. PC 2018-04 Site Plan Review for a proposed 18,106 square foot building, located at 1800 Georgetown Road, District 8- Industrial Business Park, submitted by Jason Kekic. Attachments: 1764-1800 Georgetown Rd Staff Report 2-12-18 After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Drew motioned and Mr. Jahn seconded the motion that the Board of Zoning and Building Appeals grants variance number one with the following conditions: 1. Lighting in the rear will be restricted so as not to impact the neighbors to the south and be only post lights as stated by the applicant. 2. The applicant will be required to do mounding and screening as determined as appropriate by the City Engineer’s office. The Board Finds and Concludes: 1. The property in question can yield a reasonable return and there can be a beneficial use of the property without the variance since this is a feasible way to have comparable buildings on the site. 2. The variance is insubstantial since it only for the side yard setback to the parking lot with no impact on the neighbors to the south. 3. The essential character of the neighborhood would not be substantially altered and will possibly improve the neighborhood by allowing the building of comparable buildings on the two lots. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives without the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by permitting the construction of this building since the development of these properties is a benefit to Georgetown Road, a benefit to the City tax base and will result in no negative impact to the neighbors and the property owner is actually building a smaller building than would be permitted on this larger lot. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 11 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 After reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, Mr. Dohner motioned and Mr. Jahn seconded the motion that the Board of Zoning and Building Appeals grants variance number two with the following condition: 1. The conditions outlined in the January 11, 2018 letter from Assistant City Manager Thom Sheridan be followed, specifically the conditions imposed through the section referencing the proposed sidewalk plans. The Board Finds and Concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the variance. 2. The variance is insubstantial because this and the adjoining properties would be the only sidewalks on Georgetown Road. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment as a result of this variance. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through other alternatives than the subject variance with certain conditions attached. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner IX. Other Business Mrs. McMaster will keep the Board updated regarding a February BZBA meeting. Chair Lehman welcomed Mr. Hannan as the new Community Development Director. City of Hudson, Ohio Page 12 Board of Zoning & Building Appeals Meeting Minutes - Final January 18, 2018 X. Adjournment Mr. Lehman adjourned the meeting at 9:31 p.m. ________________________________ David W. Lehman, Chair ________________________________ John M. Dohner, Vice Chair ________________________________ Joe Campbell, Executive Assistant 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. This matter was adjourned * * * City of Hudson, Ohio Page 13