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, July 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: 4 - Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner Absent: 1 - Mr. Dohner III. Identification, by Chair Lehman, of Kris McMaster, City Planner; Nick Sugar, Associate Planner; and Matthew Vazzana, City Solicitor. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Vazzana swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 6-21-2018Minutes of Previous Board of Zoning & Building Appeals Meeting: June 21, 2018 Attachments: BZBA Minutes June 21, 2018 - Draft Mr. Drew moved to approve the June 21, 2018 minutes as amended, Mr. Wagner seconded the motion. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 VI. Public Hearings - New Business Mr. Sugar stated that public notice, as required in the Land Development Code, was provided for all matters that will come before this meeting of the City of Hudson Board of Zoning and Building Appeals. Chair Lehman stated that the burden is on the applicant to persuade the Board that a variance should be granted. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 A. BZBA 2018-22 A request for variances to permit the construction of a third 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 1205.06(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 Paul Palumbo for Palumbo Renovations, 6556 Stone Road, Hudson, OH 44236 and the property owner is Robert D. Phillips Trustee, PO Box 1148, Hudson, OH 44236 for the property at 2445 Glenn Echo Drive, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-22 Staff Report Mr. Sugar introduced the application for this 1977 built property. The structure currently has a two car garage facing the street. This proposal is to add a single 12 x 27 foot garage bay for a third car and storage for camping equipment and workshop equipment. Mr. Sugar displayed a map showing all existing front facing garage doors in the subdivision. Mr. Lehman noted several supplements to the application and letters from neighbors, one of which is opposed to the granting of the variance. These were submitted to the Board and will be part of the public record. Mr. Paul Palumbo, Palumbo Renovations, was present for the meeting and discussion. Mr. Palumbo stated that a side loading detached garage, in the backyard, was considered. However, such a garage would interfere with the neighbors property and require an additional driveway with a large amount of concrete. Mr. Ken Vermillion, stated that a deed has been filed that shows himself as the owner of the property and that the property has been owned by his family since 1976. Mr. Vermillion also stated that he is losing his ability to walk and that part of the reason for this addition is that he and his wife are trying to move all the living areas of the house to the first floor of the home, this includes the workshop space in the back of the garage. He also stated that his family are conservationists and do not want a property filled with concrete, which the backyard detached garage would require. The Board discussed: Other possible designs, the landscapping, the need for the addition and Mr. Vermillion's ambulatory issues that could be a factors in the decision for a variance. Chair Lehman opened floor for public comment, there were no public comments. 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 the Board of Zoning and Building Appeals grant 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, testimony was presented evidencing the need for additional storage at the property for both personal property and vehicles and medical services. 2. The variance is substantial because the requested variance is against the requirement that doors not face City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 Glenn Echo Drive, however, the third bay addition is less substantial as it will be added to a previously existing two-car front facing garage. 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 there are several existing front facing garages in the neighborhood. 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, however, because the home has been owned by the same family since the original date of construction the applicant can be seen as an extension of the original owners. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variance. Other alternatives have been considered and this is the only viable one. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because the testimony and circumstances dictate the proposal is justified. A motion was made by Mr. Drew, seconded by Mr. Jahn, that this Variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 B. BZBA 2018-23 A request for a variance of twenty (20) feet from the required front yard setback of fifty (50) feet to allow for an addition for a bathroom and entryway resulting in a thirty (30) foot front yard setback, pursuant to Section 1205.06(d)(5)(C)(i) “Setbacks - Minimum Front Yard Setback” of the City of Hudson Land Development Code. The applicant is Samantha Ayotte for Peninsula Architects, 1775 Main Street, Peninsula, OH 44264 and the owners are Anthony and Diana L. Fusco, 35 Ingleside Drive, Hudson, OH 44236 for the property at 35 Ingleside Drive, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-23 Staff Report Mr. Sugar introduced the application for this single family home in a neighborhood of single family homes which was purchased in 2013. The essence of the application is to allow wheelchair access to the front of the house house with a wide entryway. Presently, a wheelchair enters and exits the house on the driveway side of the house. The house today has a 40-foot setback instead of the required 50-foot. Mr. Nikolas Sirna, Peninsula Architects, stated the current staircase to the outside presents a challenge to a handicapped person because it exits to a steep driveway. This variance request is to create an entry that is away from the driveway and ADA compliant. Mr. Sirna noted the size of the driveway will not be changed. The Board noted that Ingleside Drive is a public road that becomes a private road with this house located on the public portion. Also noted, this is a difficult property with grades on both sides of the house that prevents safe access and with the 40-foot present setback, this is only a request for an extra ten-foot variance. While the medical needs of the owner are the immediate cause for the variance request, the requested change could also suit future residents. 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 made a motion, seconded by Mr. Drew that the Board of Zoning and Building Appeals grant 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, with the variance the special needs of the property owner will be met. 2. The variance is substantial because it is a 40% variance, however, the house was built closer to the street under the previous zoning code, making the proposal less substantial. 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 adjacent properties would not see much change as the addition is a minor alteration to the overall 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 some method other than the requested variance. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because the proposal will provide an important need to the property owner. A motion was made by Mr. Jahn, seconded by Mr. Drew, that this Variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Lehman and Mr. Wagner VII. Other Business Mr. Lehman excused himself from the meeting. Mr. Vazzana gave the following updates: 1. For the Magnolia appeal, the transcript and documents have been submitted to the court and the appellants brief is due by August 8th. 2. The first Land Development Code meeting before the Planning Commission will be August 13th with an outline and overview, this will not be a public hearing. The first public hearing will be on August 20th. 3. A redline edition and other information regarding LDC updates is on the City website. 4. The progress of the LDC update will partially be dependent on the PC time, with Downtown Phase II meetings and Middle School meetings. Mr. Sugar stated there are two cases for August. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Jahn, that the meeting be adjourned. The motion carried by an unanimous vote. Acting Chair Drew adjourned the meeting at 8:43 p.m. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final July 19, 2018 ________________________________ David W. Lehman, Chair ________________________________ Robert Drew, Board Member ________________________________ 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 7