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, City Solicitor Thursday, June 21, 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, City Solicitor. . IV. Swearing in of Staff and Audience Addressing the Board. All who planned to testify were sworn in by Mr. Vazzana. V. Approval of Minutes A. BZBA 4-19-2018Minutes of Previous Board of Zoning & Building Appeals Meeting: April 19, 2018 Attachments: BZBA Minutes April 19, 2018 - Draft A motion was made by Mr. Drew, seconded by Mr. Dohner, that the April 19, 2018 minutes be approved as submitted. 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 1 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 B. BZBA 4-26-2018Minutes of Special Board of Zoning & Building Appeals Meeting: April 26, 2018 Attachments: BZBA Minutes April 26, 2018 - Draft A motion was made by Mr. Dohner, seconded by Mr. Drew, that the April 26, 2018 minutes be approved as amended. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner C. BZBA 5-17-2018Minutes of Previous Board of Zoning & Building Appeals Meeting: May 17, 2018 Attachments: BZBA Minutes May 17, 2018 - Draft A motion was made by Mr. Dohner, seconded by Mr. Drew, that the May 17, 2018 minutes be approved as submitted. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner VI. Public Hearings - New Business Chair Lehman asked Mr. Sugar if all notices, as required, have been given. Mr. Sugar affirmed notices have been given. Chair Lehman also noted a large number of cases and asked Board members and those wishing to speak to get to the point of their testimony quickly and to stay on point. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 A. BZBA 2018-16 A request for the following: 1] a variance of one hundred fifty-six (156) square feet to the requirement that the maximum accessory structure size shall not be larger than one thousand (1,000) square feet of gross floor area resulting in an accessory structure with a total gross floor area of one thousand one hundred fifty-six (1,156) square feet; and 2] a variance of two hundred fifty-eight (258) square feet to the requirement that the maximum accessory structure size shall not be larger than one thousand (1,000) square feet of gross floor area resulting in an accessory structure with a total gross floor area of one thousand two hundred fifty-eight (1,258) square feet pursuant to Section 1206.03(d)(5) “Accessory Use Development and Operational Standards - Maximum Building or Structure Size” of the City of Hudson Land Development Code. The applicant is Paul J. Stenger, 153 Parmalee Drive, Hudson, Ohio, 44236 and the property owner is Paul J. Stenger Trustee, 15 John Clark Lane, Hudson, Ohio, 44236 for the property at 15 John Clark Lane in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-16 Staff Report Mr. Sugar introduced this application for a home under construction on 2.56 acres that was originally approved with two, 1000 square foot structures located behind the home, the applicant is requesting a variance for an additional 156 square feet on one of the structures and 256 square feet on the second building wihich is 190 feet from the road and is buffered by trees. Mr. Paul Stenger, homeowner, was present for the meeting and discussion. Mr. Stenger stated that he needed more storage, work room, and would prefer a variance allowing the two larger buildings as opposed to building a third building which he believes would be unattractive and have a negative enviornmental impact. Chair Lehman open the meeting for public comments. There being no public comments, Mr. Lehman closed the public hearing. The Board discussed if a legitimate need was shown for granting the variances when City Council set size limits. The large lot in relation to the size of the variance and the buffering surrounding the building are factors in granting, but by themselves not compelling. The Board also noted Mr. Stenger does not need a variance to build the third building and that while the lot will fit a third building, two larger buildings are probably a better solution. Mr. Jahn made a motion seconded by Mr. Drew that 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 requested with the following conditions: 1. No living quarters for human habitation in the subject structures, now or in the future. 2. No additional accessory buildings may be built on the property. The Board finds and concludes: City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variances, however, with the variance certain conditions will be provided to the homeowner to utilize the property in a more efficient and economic way. 2. The variances are insubstantial because they are only 15.6% and 25.8% of the total size of the structures. 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 large size of the lot and the buffering in place by the trees and foliage. 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 some method other than 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 approval of the variance will result in an increase of the livability and usability of the property. The motion was approved 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 June 21, 2018 B. BZBA 2018-17 A request for a variance of one (1) foot from the maximum fence height in the front and side yard of four (4) feet above the elevation of the surface of the ground resulting in a five (5) foot fence in the front and side yard pursuant to Section 1206.03(a)(5) “Accessory Uses/Structures - Fences and Walls, Residential” of the City of Hudson Land Development Code. The applicant and owner is Andrew J. Fiorentini, 33 Sussex Road, Hudson, OH 44236 for the property at 33 Sussex Road, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-17 Staff Report Mr. Sugar introduced the case for a five-foot tall fence in the front and side of the house that will exceed the Land Development Code maximum fence height of four feet in front and side of the house. The proposed five foot tall fence will replace a chain link fence that is four feet high and a dilapidated wood fence on the other side of the house. Mr. Sugar stated that if BZBA approves this variance, it will also need AHBR approval. Mr. Andrew Fiorentini, the applicant and homeowner stated the existing wood fence, that was installed 38 years ago, is five feet tall and in the front of the house and six feet tall behind the house. The proposed fence will be placed in the same place as the existing fence and has the purpose of looking nicer and keeping deer out of the yard. In response to a question Mr. Fiorentini said the fence is available in a four foot height but he believes a continuous height of five feet on the sides and back will look better. The Board and Mr. Fiorentini discussed the front easement and numerous cars with tarps in the front of the house. Chair Lehman opened the meeting to public comment. Mr. Andrew Carlson of 34 Sussex Drive, stated that he appreciates the process of granting a variance for the fence. Mr. Carlson also said as he looks at the wood fence he believes the proposed fence will be an improvement and does not find the five foot fence to be objectionable. Seeing no one else wishing to speak, the public comment portion of the meeting was closed. The Board discussed this variance request as a want, not a need and that similar requests have been denied in the recent past. A motion was made by Mr. Dohner, seconded by Mr. Wagner, 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 denies the variance requested: 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 requested variances, however, the homeowner has lived in the home for a long time and this is a replacement fence. 2. The variance is substantial because the requested fence is a 25% increase over the City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 four-foot fence that is allowed. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted, nor would they suffer a substantial detriment if the variance is denied. 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 can be resolved through some method other than the requested variances, specifically by stepping down the height of the fence to that which is permissible under the code. 7. The spirit and intent behind the zoning requirement would not be observed and substantial justice would not 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 6 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 C. BZBA 2018-18 A request for a variance of two hundred thirty (230) square feet to the requirement that the maximum accessory structure size shall not be larger than one thousand (1,000) square feet of gross floor area resulting in an accessory structure with a total gross floor area of one thousand two hundred thirty (1,230) square feet pursuant to Section 1206.03(d)(5) “Accessory Use Development and Operational Standards - Maximum Building or Structure Size” of the City of Hudson Land Development Code. The applicant is Bill Young for Legacy Remodeling, 5751 Darrow Road, Hudson, OH 44236 and the property owner is Elaine R. Steidl Trustee, 178 S. Main Street, Hudson, Ohio 44236 for the property at 178 S. Main Street in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-18 Staff Report Mr. Drew recused himself from the meeting. Mr. Sugar introduced this request to demolish the rear portion of an existing accessory structure and rebuild an addition in its place on the rear of the building. The proposed addition will be 230 square feet larger than the permissable 1000 square feet. Mr. Sugar noted that if the variance is granted this request must also be approved by AHBR. Mr. Bill Young, Legacy Remodeling, stated that the portion of the barn that is being demolished is in poor condition and only six feet high and that the additional space is needed for equipment used on a fruit farm. Mr. Young also stated that the proposed addition will be lower and longer than the existing structure. Mr. Daniel Steidl, husband of the trustee of the property stated that it appears that the barn was built at different times and that the current building cannot be seen by the neighbors and that the character of the area will be maintained by enlarging this barn as opposed to building another building. He also stated that the rest of the barn will be improved as part of the process. Chair Lehman opened the meeting for public comment. There was no public comment. The Board discussed that repairing and enlarging the current old building is a good solution for the need for additional space as opposed to building a new building which would change the look of the property. Also discussed was that if another building was built it would have to be further back on the property and might disturb the neighbors. A motion was made by Mr. Jahn, seconded by Mr. Wagner, that 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 requested with the following condition: 1. No living quarters for human habitation in the subject structure, now or in the future. The Board finds and concludes: City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variance, however, with the variance the usability and function of the structure will be enhanced. 2. The variance is insubstantial because the requested variance is only a 23% increase over the allowed accessary structure size. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because the property location is not closely surrounded by other residences and buffering is in place from trees and foliage. 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 some method other than 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 because of the insubstantial nature of the variance and the enhanced usability of the structure. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner Recused: 1 - Mr. Drew City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 D. BZBA 2018-19 A request for variances to permit the construction of a three (3) car garage addition with the garage doors facing the street. The requests are: 1] a variance from the requirement that doors for attached garages are not permitted to face the street pursuant to Section 1205.07(d)(9)(D)(i) “Property Development/Design Standards - Building Siting and Orientation - Private Garages”; and 2] Appendix D, III - 1 (a) (4), “Architectural Design Standards - General Standards for all Buildings” of the City of Hudson Land Development Code. The applicant is Nikolas Sirna for Peninsula Architects, 1775 Main Street, Peninsula, OH 44246 and the property owners are Michael J. and Elizabeth A. Willer, 408 Baldwin Drive, Hudson, OH 44236 for the property at 109 E. Streetsboro Street, Hudson, OH 44236 in District 4 [Historic Residential Neighborhood]. Attachments: BZBA 2018-19 Staff Report Mr. Sugar introduced the application for a three car garage with the doors facing Bradley Drive, attached to the house by a breezeway. The proposed garage will replace a detached two door garage. This is on a half acre corner lot and is part of a series of improvements to the house which have been approved by AHBR. Mr. Nikolas Sirna, for Peninsula Architects, stated the intent is to connect the garage to the historic home following demolition of the existing garage that encroaches on the neighboring property. Mr. Sirna stated that other options for placing the garage were investigated, but he and the homeowner determined this was the best choice. In response to questions from the Board, Mr. Sirna stated that the doors currently face Streetsboro Street. He also said the height of the proposed garage is to accommodate a lift and the number of vehicles the new owners have. No variance is needed for setbacks. The Board noted that if the garage were nine square feet smaller and a breezeway was not proposed, that the garage would be allowed without a variance. Mr. Sirna stated the breezeway is wanted in order to get into the house without going outside and that it is not attached to the historic portion of the home. The Board noted that on Bradley Drive there are many, two car garages and additional accessary structures with front facing doors. Chair Lehman opened the meeting for public comment. Mr. George Roth, 105 E. Streetsboro Street, which is an adjoining property stated that the driveway for the existing garage is off Streetsboro Street. The proposal makes Mr. Roth's property nicer and supports the project. Mr. Jay Zedak, 119 Streetsboro Street, stated that his property is on the Bradley Drive side and he will be affected by having the three car garage built facing his property. Mr. Zedak opposes the project. Seeing no one else come forward to speak, Chair Lehman closed the public comment portion of the meeting. Responding to a question from the Board Mr. Sirna said the impervious surface will increase by .05% raising it to 27%. Mr. Sirna also said landscaping will be done that minimizes the view from Bradley Drive. City of Hudson, Ohio Page 9 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 The Board stated that in the historic district there are many small lots with garages and other accessary buildings that have front facing garages and that the Board appreciates the improvements to the historic house. Also stated that the size of the garage and the lift inside the garage are AHBR issues, not BZBA. A motion was made by Mr. Drew, seconded by Mr. Dohner, that 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 requested. 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 requested variance, however, this is an improvement to the current structure. 2. The variance is substantial because the requested variance is against the requirement that doors not face Bradley Drive, however having considered other options, this seems to be the best. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because although the proposed garage faces 115 Streetsboro Street, if the breezeway were not built, no variance would be required. 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 some method other than 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 because this is the best solution for this older house on a corner lot and is the best use of the property. 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 June 21, 2018 E. BZBA 2018-20 A request for a variance of eighteen (18) feet from the required side yard setback of twenty-five (25) feet permit the construction of a commercial addition resulting in a seven (7) foot side yard setback pursuant to Section 1205.11(e)(3)(B), “Property Development/Design Standards - Minimum Side and Rear Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Matthew Adkins of Adkins Building Company, 1154 E. Turkeyfoot Lake Road, Akron, OH 44312 and the owner is Lutz Corp LLC, 18888 White Oak Drive, Chagrin Falls, OH 44023 for the property at 5601 Darrow Road in District 8 [Industrial/Business Park]. Attachments: BZBA 2018-20 Staff Report Mr. Sugar introduced this application for The Goddard School addition of 1141 square foot for an indoor playroom. This is an 18 foot variance from the 25 foot sideyard setback requirement. Mr. Sugar also stated a parking agreement with a neighboring business will be submitted to staff. Mr. Phillip Adkins, of Adkins Building Company, and Mr. Lutz, the franchise owner of The Godard School were present for the meeting. Mr. Lutz stated the playroom is needed during inclement weather when the children need a place to play, especially children with special needs. Mr. Adkins stated the existing sanitary line has determined the shape and size of the addition and this is the maximum size that can be accommodated. Chair Lehman opened the meeting for public comments. There were no public comments. A motion was made by Mr. Dohner, seconded by Mr. Jahn, that 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 variance because the property is already in use for its intended purpose, however, the needs of the population the applicant serves has changed. The proposed addition will address the need to provide an indoor gymnasium. 2. The variance is insubstantial as it is an 1,100 square foot addition on an 8,000 square foot building. 3. The essential character of the neighborhood would not be substantially altered and adjoining properties would not suffer a substantial detriment. The property most impacted will be the adjacent car wash to the north. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). City of Hudson, Ohio Page 11 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variance because of the locations of the riparian setback and sewer easement. The school also has requirements regarding egress/ingress due to the nature of the use. Finally, the location of parking facilities hinders alternative designs. 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 12 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 F. BZBA 2018-21 A request for a variance of eight (8) feet from the required front yard setback of fifty (50) feet to allow construction of a house resulting in a forty-two (42) foot front yard setback pursuant to Section 1205.07(d)(6)(D), “Setbacks -Arterial Setbacks” and Section 1207.04(k)(1)(A), “Landscaping Requirements for Front Yard/Front Setbacks” of the City of Hudson Land Development Code. The applicant is Justin Kapela of J Kapela Designs, 44 Clinton Street, Hudson, OH 44236 and the owner is Samer T. Yousef, 1163 Balmoral Drive, Delaware, OH 43015 for the property at 434 N. Main Street in District 4 [Historic Residential Neighborhood]. Attachments: BZBA 2018-21 Staff Report Letter to BZBA - 434 N. Main St. Mr. Sugar stated this application is for a new home in the Historic district that requires a variance of 8 feet from the 50 foot standard. This home mirrors the setback of the adjoining property and will require approval from the AHBR if approved by BZBA. Chair Lehman noted BZBA received a letter from Mr. Curt VanBlarcum regarding this variance request. Mr. Justin Kapela, J. Kapela Designs, was present for the meeting and discussion. Mr. Kapela noted this is a difficult lot to design and the owners who are downsizing desire a ranch style home. Mr. Kapela stated that in reference to the letter that was given to the Planning Commission, that changing the design of the property will allow removing only four trees instead of six. Mr. Curt VanBlarcum's letter to the BZBA noted drainage issues that concern him. Mr. Kapela responded that changing the orientation of the home should help with drainage issues. Chair Lehman opened the meeting for public comments. There were no public comment. A motion was made by Mr. Jahn, seconded by Mr. Drew, that 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 requested with the following condition: 1. The footprint of the home will be modified to mirror the proposed plan, resulting in the driveway being moved from the south side of the property to the north side of the property. 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 requested variance because the variance is required to construct a new home. 2. The variance is insubstantial because only a 16% variance is being requested. City of Hudson, Ohio Page 13 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because the setback is approximately in line with other properties along N Main Street. 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 some method other than 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 because development of this parcel will result in the construction of a new residence in the City of Hudson. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner VII. Other Business Mr. Sugar noted three cases for next month. Mr. Vazzana spoke regarding the appeal of the 102 Aurora case to the Summit County Court of Common Pleas and that Mr. Worhatch has appealed to intervene on behalf of his client. Staff is working to fulfill the request to supply all records to the court. VIII. Adjournment A motion was made by Mr. Drew, seconded by Mr. Dohner, that the BZBA meeting be adjourned. The motion carried by an unanimous vote. Chair Lehman adjourned the meeting at 10:31 p.m. City of Hudson, Ohio Page 14 Board of Zoning & Building Appeals Meeting Minutes - Final June 21, 2018 ________________________________ 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 15