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, April 19, 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. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner III. Identification, by Chairman, of Kris McMaster, City Planner; Nick Sugar, Associate Planner; and Matthew Vazzana, Assistant City Attorney. Minutes taken by Mr. Joe Campbell. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Vazzana swore in all persons wishing to speak. V. Approval of Minutes A. BZBA 3-22-2018Minutes of Previous Board of Zoning & Building Appeals Meeting: March 22, 2018 Attachments: BZBA Minutes March 22, 2018 A motion was made by Mr. Dohner, seconded by Mr. Drew, that the Minutes of March 22, 2018 be approved as submitted. The motion carried by an unanimous vote. Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner VI. Public Hearings - New Business City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 Chair Lehman confirmed with staff that due notices for all cases were given. Chair Lehman explained that it is the duty of the applicant to persuade the board why a variance should be granted. A. BZBA 2018-09 Variances pertaining to a proposed new ground sign located on 46 Ravenna Street include the following: 1] a variance from the requirement regulating maximum number of grounds signs per lot to allow for one (1) additional multi-tenant ground sign resulting in two (2) multi-tenant ground signs on 1 lot; and 2] a variance of (9) feet from the required ground sign right-of-way setback of fifteen (15) feet resulting in a (6) foot setback pursuant to Section 1207.17(d)(4)(A) “Signs - Permanent Ground Signs” of the City of Hudson Land Development Code. Variances pertaining to a replacement multi-tenant ground sign located on the property’s second entrance, South Main Street, include the following: 1] a variance of fifty (52) feet from the required stream corridor setback of seventy-five (75) feet resulting in the multi-tenant sign at a twenty-three (23) foot setback pursuant to Section 1207.03(e)(1)(ii) “Wetland/Stream Corridor Protection - Setbacks; 2] a variance from the prohibited activity of disturbance within a stream corridor setback pursuant to Section 1207.03(c), “Prohibited Activities”; and 3] a variance of (15) feet from the required ground sign right-of-way setback of fifteen (15) feet resulting in a zero (0) foot setback pursuant to Section 1207.17(d)(4)(A) “Signs - Permanent Ground Signs” of the City of Hudson Land Development Code. The applicant is Nathaniel Milstein for Easy Sign Group, 9478 Ravenna Rd, Twinsburg, OH 44087 and the owner is S I Hudson Investment Partners I LLC, 6240 Som Center Rd, Solon, OH 44139 for the property at 46 Ravenna Street, Hudson, OH 44236 in District 5 [Village Core District]. Attachments: BZBA 2018-09 Staff Report Mr. Sugar introduced the case for two new signs for the businesses at 46 Ravenna Street. A replacement sign on South Main Street and a new sign is proposed for Ravenna Street. Mr. Nathaniel Milstein representing the Easy Sign Group was present for the meeting and discussion. Mr. Milstein stated that the replacement sign on South Main Street is approximately the same size as the existing sign and will be moved five feet from the present sign placement to allow for better viewing. Responding to questions from the Board, Mr. Milstein said if the new signs are permitted, the sandwich signs on Ravenna Street will be removed. Mr. Milstein also noted that the existing Maple tree on Ravenna Street, near the placement of the proposed sign will hinder viewing of the sign and this will become worse as the tree grows. Dr. Bob Graves whose practice is located at 46 Ravenna Stret stated that although his name is on the present sign, people don't seem to see it. Dr. Graves feels that the sign on Ravenna is needed to make his business visible. Mr. James Sanders the owner of the Hardwood Coffee at 46 Ravenna Street stated that although his companies name is on the the sign, because it is partially behind a concrete barrier, the name is less visible. Mr. Sanders encouraged the variance stating that the Ravenna Street is sign needed because there is no indication of any of City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 the businesses from Ravenna Street. Mr. Brian Bishop the owner of Peace, Love and Little Donuts said the improved signage will help the businesses and encouraged the allowance of the variances. Mr. Will Robinson encourages the allowance of the sign and the protection of the Maple tree on Ravenna Street. Mr. Robinson is also concerned about the sidewalk condition and trees overhanging the sidewalk on Ravenna Street. Chair Lehman closed the public portion of the hearing. The Board discussed the Maple tree on Ravenna Street and the placement of the signs. Variance for the Ravenna Street Sign 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, the Board of Zoning and Building Appeals grants the variance with one condition: 1. The owners will plant two (2) maple trees of approximately six-inches in diameter on the 46 Ravenna Street property. A site plan showing the locations shall be submitted and reviewed by the City Arborist. 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 variances but testimony has indicated the need for a second sign located on this site. Also the unusual nature of the property having two driveways and multiple buildings justifies the second sign. 2. The variances are substantial because they increase the one permitted sign to two, but under the circumstances of the size and location of the property, a second sign is insubstantial. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a detriment as a result of the variances because the two signs are not within view of each other and are on separate streets. 4. The variances would not adversely affect; in fact, they will benefit the delivery of governmental services by making the location easier to find, (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 variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances because the need for a second sign is clear and locating the sign closer to the sidewalk is appropriate in this case. A motion was made by Mr. Drew, seconded by Mr. Wagner, that the motion be approved with the above condition. 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 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 Variance two for the Main Street Sign 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, the Board of Zoning and Building Appeals grants the variance. 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 variances, but the new sign will enhance the property economically. 2. The variances are insubstantial because the new sign is at the same location as the existing sign other than being five feet closer to the road, which is an insubstantial amount. 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 of the insubstantial nature of these changes, the three changes are small changes from the existing sign. 4. The variances 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 variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because the end result will enhance the property economically . A motion was made by Mr. Drew, seconded by Mr. Dohner, that the motion be approved. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner B. BZBA 2018-10 Request for a variance 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 Street, Hudson, OH 44236 and the property owner is Prestige and Premier Companies, 17 W. Streetsboro Street, Hudson, OH 44236 for the property at 6771 Pheasants Ridge in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-10 Staff Report Mr. Sugar introduced the application for this property purchased in January 2018. The applicant intends to construct single family home with the nearest public sewer and water lines prohibitively expensive at an estimated $835,000. Other homes in the area do have private wells and septic systems. Mr. John Russell of Prestige Homes was present for the meeting and discussion regarding the proposed on the 3.1 acre lot. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 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, the Board of Zoning and Building Appeals grants the variance with one condition: 1. When City water and or sewer becomes available to the property, the property owner is required to connect to these services. 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 variances because the cost of these services would be prohibitive. 2. The variances are substantial because the Land Development Code is explicit in the requirement for public water and sewer. 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 all others in the area use wells and septic systems. 4. The variances 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 variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance A motion was made by Mr. Wagner, seconded by Mr. Drew, that this variance be approved with the above condition. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner C. BZBA 2018-11 Request for a variance from the requirement that doors of attached garages shall not face the street in order to construct a new house pursuant to Section 1205.06(d)(9) (D)(i) “Property Development/Design Standards - Building Siting and Orientation - Private Garages” of the City of Hudson Land Development Code. The applicant is Jon Russell for Prestige Homes, 17 W. Streetsboro Street, Hudson, OH 44236 and the property owner is Julie Kim Cover Bonnette and Jonathan Christopher Bonnette, 6595 Ebury Circle, Hudson, OH 44236 for the property at 6604 Hollis Boulevard, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-11 Staff Report Mr. Sugar introduced this application for a new house at the corner of Hollis Boulevard and Ebury Lane that was purchase in 2015 that has an abandoned and plugged well. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 Mr. John Russell was present for the meeting and discussion and stated that this is a challenging lot with a well that limits where a house and garage may be placed. Mr. Russell also said that the extensive landscaping on the lot that will be protected. Regarding the side facing four garage doors, Mr. Russell said that out of forty -seven corner lots in Canterbury on the Lakes, twenty-two of them have front facing garage doors, this is a common design and the best way to design this home. The Board stated that any garage doors that face a street are considered front facing garage doors. The Board then questioned the number of front facing garages in the immediate area of the proposed house and discussed other possible designs for a house on this property. Swore in potential speakers. Ms. Peryl Kratzer of 2707 Hawksbury Boulevard and the Homeowner Association President stated she is totally opposed to the placement of this house on the lot and it is not allowed under the Homeowners Agreement and an injunction will be sent to stop the proposed plans if the variance is given. Mr. Vazzana informed the Board that the variance can be granted but if the deed restrictions do not allow the design, the restrictions will stop the building. Mr. Jim Will of 6509 Hammontree Drive stated that as someone comes into the neighborhood the proposed garage and doors will be very visible and requested that BZBA enforce the rules as they are now. Ms. Becky McCoy, 6607 Dunbarton stated that the proposed house is being built on a major entrance of the neighborhood and that everyone who comes and goes and get will get this view as a first impression and if the doors are open, will see the contents. Mr. Harry Klug of 6580 Dunbarton which is the contiguous lot stated that he also has a corner lot whose garage conforms to the LDC and homeowner's association agreement, without street facing garage doors. Mr. Mark Galea of 6561 Dunbarton said that the neighborhood does not want this to happen and that before purchasing his property he read the homeowners association documents and made the decision to accept the covenants and that this variance request does not meet the covenant. Mr. Russell and the Board discussed the variance and the homeowners association requirements. Mr. Russell requested that the application be withdrawn. Mr. Dohner made a motion to approve the withdraw of the variance request, Mr. Drew seconded the motion. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner D. BZBA 2018-12 Request is an appeal, pursuant to Section 1212.01, from the final action or decision and interpretation of Section 1203.02(g)(4) of the Land Development Code by the Community Development Director to deny the extension of an expired permit and impose a stop work order. The appellants are John and Patricia Fritz, 102 Aurora Street, Hudson, OH 44236, represented by Daniel K. Wright II, Attorney at Law, 600 Superior Avenue East, Suite 1600, Cleveland, OH 44114. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 Attachments: BZBA 2018-12 Staff Report Entry of Appearance Motion to Dismiss Alternate Motion in limine Alternate Motion for Continuance Amended and Restated Motion to Dismiss Transmittal from Attorney Daniel K. Wright, II_041718 Memorandum in Opposition to Motion to Dismiss Memorandum in Opposition to Motion in limine Letter to S. David Worhatch Regarding Hudson BZBA Notice of Entry of Appearance for Corina Guevara_041918 Amended and Restated Notice of Entry of Appearance for Victoria Shepherd_041918 Notice of Guevara Joinder in VSS Motions_041918 BZBA 2018-12 Letter - Swedenborg The Board discussed the handling of motions and objections and whether they should be made during the presentation of the case or during the public comments. Mr. Dohner made a motion to accept the notice of Mr. Worhatch on behalf of his client and that Mr. Worhatch may act within the scope of the LDC Section 1202.03 (b) (7). Mr. Jahn seconded the motion. The motion carried unanimously. Mr. Dohner acknowledged the following motions by Victoria Shepherd to: 1. Dismiss the appeal. 2. An amended and restated motion from Ms. Shepherd to dismiss the appeal. 3. An alternate motion in liminal from Ms. Shepherd to dismiss the appeal. 4. An alternate motion of Ms. Shepherd for continuance. Mr. Dohner moved to deny said motions, but noted Mr. Worhatch could make the arguments later in the hearing. Seconded by Mr . Wagner. Mr. Dohner amended the motion by stating that the motions are premature and procedurally defective. Mr. Wagner agreed to the amendment. The motion, as amended carried unanimously. Mr. Vazzana stated the focus of the appeal is the City's denial of the extension of a previous certificate. Mr. Daniel K. Wright II, the attorney for the applicant introduced himself, attorney Stephen P. Bond and attorney Matt Vansuch. Mr. Vansuch, referred to the staff report and distributed exhibit books to the Board and Mr. Worhatch. Mr. John Fritz was called to testify. Mr. Fritz of 2239 Glen Echo Drive and an officer of Magnolia Investments which has given him the authority to speak regarding this case, testified that Magnolia acquired 102 Aurora Street in 2004. Mr. Fritz previously purchased the property in 1992. Mr. Fritz then testified to the process of remodeling the existing home and the delays encountered during the remodeling. Mr. Fritz also testified regarding the demolition of the garage and the receiving of a zoning certificate for building a new garage. Mr. Fritz then testified to potential timelines of completion of the project, financial costs, inspections and violation notices. City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 Mr. Joshua Fritz of 1586 Barlow Road, testified that the house at 102 Aurora Road needed extensive renovation at the time of Magnolia’s purchase. Mr. Joshua Fritz then described the work that was done and various delays encountered. Ms. Caitlin Fritz brought a petition with sixty-nine signatures stating the signers desire that the project be allowed to be completed. Throughout the testimony of the three witnesses, Mr. Worhatch raised objections which were noted and ruled on by Chair Lehman. Mr. Vansuch stated that his client's case in chief has been presented. Mr. Lehman explained that at the next meeting of this case, the Board as well as Mr. Worhatch may want to ask questions of those who testified. Chair Lehman requested that all who testified be present at the next meeting. Mr. Vansuch agreed to having all who testified present at the next meeting. Mr. Dohner, moved for continuation of this case to a special meeting on Thursday, April 26 at 7:30 pm. at Town Hall. Mr. Jahn seconded the motion. The motion carried unanimously. VII. Other Business There was no other business. VIII. Adjournment A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by a unanimous vote. Mr. Lehman adjourned the meeting at 11:02 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. City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final April 19, 2018 * * * City of Hudson, Ohio Page 9