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, October 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. Roll Call Present: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner Absent: 1 - Mr. Drew III. Identification, by Chairman, of 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. 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. V. Approval of Minutes A. BZBA 9-20-2018Minutes of Previous Board of Zoning & Building Appeals Meeting: September 20, 2018 Attachments: BZBA Minutes September 20, 2018 - Draft A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the September 20, 2018 minutes be approved as submitted. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 VI. Public Hearings - New Business Mr. Sugar stated all due notices were given. Chair Lehman stated that it is the obligation of the applicants to show why a variance should be given. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 A. BZBA 2018-30 Requesting variances pertaining to the filling of a pond located within a stream corridor include the following: 1] a variance of fifty (50) feet from the required stream corridor setback of fifty (50) feet resulting in a zero setback pursuant to Section 1207.03(e)(1)(iii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks 2] a variance from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, wetlands and their setbacks pursuant to Section 1207.03(c), “Prohibited Activities” of the City of Hudson Land Development Code. The applicant is Albert Avanesyan for Land Design Group LLC, 77 Letbridge Lane, Copley, Ohio 44321 and the owner is Robert Robinson, 7727 Herrick Park Drive, Hudson, OH 44236 for Parcel #3003011 located on Darrow Road and northwest of 7727 Herrick Park Drive, Hudson, OH 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2018-30 Staff Report BZBA Letter from Neighbor Mr. Sugar stated this is an application to fill a manmade. The City of Hudson Engineering Department stated that since this is a manmade pond, it is not part of an overall stormwater management system. The applicant has identified an outlet that will move storm water to the stream and into Tinkers Creek. Chair Lehman noted correspondence from the previous owner of 7715 Herrick Park Drive, stating that the owner dug the pond himself. Mr. Robert Robinson, 1340 Connecticut Woods Drive and owner of the property in question, stated this is an investment property with a pond that is in deplorable condition with algae, trees and debris in the water. As the surrounding property has been cleaned up, no live trees have been disturbed. The stream flowing from the pond has little water flow and appears to be constricted in its path. Mr. Robinson’s intent is to eliminate the pond and build or sell the property for the best and highest use. The City Engineer has stated a catch basin might be needed to assist with the flow of water, Mr. Robinson is agreeable to construct the catch basin. He also stated that only clean fill will be used to fill in the pond. Chair Lehman opened the meeting for public comment. Mr. Victor Fowler, 7715 Herrick Park Drive, who owns the adjoining property, stated the pond acts as a retaining pond during heavy rainfalls and is critical to the health of the neighboring properties. Mr. Fowler stated that during heavy rains the size of the pond will double in size. Mr. Fowler's concerns are the lack of dredging of the ditch that is intended to carry water away and the flooding that will take place without the retention pond. There were no other public comments. The Board discussed the application noting that the City of Hudson Engineering Department stated that filling the pond will not adversely affect the storm water management system. Mr. Dohner made a motion, 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 City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 personal knowledge of the property in question, the Board of Zoning and Building Appeals grants the variances 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 applicant’s intent to develop the property should be considered due to the unique nature of the property. 2. The variances are insubstantial because this is regarding a man-made pond that was not part of the overall drainage network as verified by the City of Hudson Engineering Department. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variances are granted because, as testimony from the applicant states, once the pond is filled the property will drain sufficiently into the nearby drainage channel. 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 variances. A motion was made by Mr. Dohner, seconded by Mr. Jahn, that this variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 B. BZBA 2018-31 A request for a variance of thirty-three (33) feet from the required fifty (50) foot rear yard setback resulting in a seventeen (17) foot rear yard setback in order to build an attached single-car garage addition pursuant to Section 1205.04(d)(5)(D) (i) “Property Development/Design Standards - Rear Yard Setbacks” of the City of Hudson Land Development Code. The applicant and owner is John A. Martz, 7271 Huntington Road, Hudson, OH 44236 for the property at 7271 Huntington Road, Hudson, OH 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2018-31 Staff Report Mr. Sugar introduced the application for a garage addition to a single-family home in District 1 that will encroach on the rear yard setback requirement. Mr. John Martz, homeowner, explained the attached garage will meet his family's needs and add value to the home while being aesthetically pleasing. The height of the bay doors is to allow future storage. Mr. Martz stated that a detached garage was considered but would not meet the needs of his family as well and would not look as nice. Chair Lehman opened the meeting for public comment. There were no public comments. Mr. Jahn made a motion, seconded by Mr. Wager 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, granting the variance will improve and enhance the property value and will meet the applicant’s need of additional storage. 2. The variance is substantial because it is a sixty-six (66) percent variance, however, the property is more than a half-acre in size and isolated from surrounding homes. 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 of the substantial distance from the proposed addition to adjoining properties. 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 the improvement enhances the livability of the property and has minimal effect on adjoining properties. A motion was made by Mr. Jahn, seconded by Mr. Wagner, that this variance be approved. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 C. BZBA 2018-32 The request is a variance to the requirement that an enlargement of a nonconforming use shall not exceed twenty-five (25) percent of the building area of an existing two thousand one hundred twelve (2,112) square foot nonconforming use in order to construct a nine hundred ninety-two (992) square foot detached garage resulting in an enlargement of forty-seven (47) percent of a nonconforming single-family use pursuant to Section 1206.05(e)(1)(C) “Nonconforming Uses - Enlargement” of the City of Hudson Land Development Code. The applicant is Jacob Michael Fischer, 5411 Hudson Drive, Hudson, OH 44236 and the owners are Jacob Michael Fischer and Rebecca L. Delgado, 5411 Hudson Drive, Hudson, OH 44236 for the property at 5411 Hudson Drive, Hudson, OH 44236 in District 8 [Industrial/Business Park]. Attachments: BZBA 2018-32 Staff Report Mr. Sugar introduced this application for a 992 square foot, detached garage on one and one-half acres, as a non-conforming use. The garage doors, which face the street, do not require a variance because this is a proposed detached garage. Mr. Jacob Fisher, homeowner, stated the purpose of the addition and subsequent remodeling of existing attached garage is to accommodate his growing family. Mr. Lehman opened the meeting for public comment. There were no public comments. Mr. Dohner made a motion, 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 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 because there is an existing house on the property which has been used for the purpose of a single-family home since construction. 2. The variance is insubstantial when considering the existing conditions on Hudson Drive and the nature of the request, as it will only add a detached 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. 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 section of Hudson Drive has several single-family homes with City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 similar conditions. The variance requested is the proper remedy for the applicant’s predicament. A motion was made by Mr. Dohner, seconded by Mr. Jahn, that this variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 D. BZBA 2018-33 The request is for variances to permit construction of a single family dwelling. 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; and 3] A variance from the requirement that the front wall of the principal structure shall be parallel to the street pursuant to Section 1205.06(d)(9)(A)(ii) of the City of Hudson Land Development Code. The applicant is Samantha Ayotte for Peninsula Architects, 1775 Main Street, Peninsula, OH 44264 and the property owner is Sinopoli Construction Company Inc, 595 Rotunda Ave, Akron, OH 44333 for the property at 102 Ravenna Street Parcel #3204091, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2018-33 Staff Report Mr. Sugar introduced this application to build a single-family, 2200 square foot house on a vacant parcel in District 3. As noted in the staff report the house is set at an angle to the Ravenna Street and has a front facing garage. Mr. Nathan Bailey, Peninsula Architects, distributed revised elevations which were needed because of utility easements and setback requirements. Mr. Bailey stated that the orientation of the house is to match the orientation of the houses to the west of the proposed house. This orientation required the garage doors be front facing. Other solutions were considered; however, they took away the back yard space. In response to questioning, Mr. Bailey stated that Peninsula Architects decided to match the orientation of the houses to the immediate west of the proposed house, which is adjoined by a city owned vacant parcel to the east, then houses oriented straight to Ravenna Street. The Board noted that if the house were not angled in relation to Ravenna Street, the need for variances would not exist, however, this would eliminate a useful back yard. Chair Lehman opened the meeting for public comment. Mr. David Ferek, 94 Ravenna Street, noted that for 150 years his property and 102 Ravenna Street have shared a common driveway on shared property and he would expect that to continue with the building of the new house . Mr. Bailey stated that Peninsula Architects would commit to working out the driveway situation. Seeing no one else wishing to make public comment, Chair Lehman closed public comments. Mr. Wagner made a motion, 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 variances requested. The Board finds and concludes: City of Hudson, Ohio Page 9 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 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. 2. The variances are insubstantial due to the unique configuration of the lot, similarly angled homes adjacent to the property and the multitude of front facing garages on Ravenna Street. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variances are granted. 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 variances. A motion was made by Mr. Wagner, seconded by Mr. Jahn, that this variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner VII. Other Business Chair Lehman announced to the public that a BZBA position is open if anyone is interested in serving the community. Mr. Vazzana announced that a request to reconsider the previous action regarding 102 Aurora Street. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Dohner, that the meeting be adjourned. The motion carried by an unanimous vote. City of Hudson, Ohio Page 10 Board of Zoning & Building Appeals Meeting Minutes - Final October 18, 2018 Mr. Lehman adjourned the meeting at 10:50 p.m. ________________________________ David W. Lehman, Chair ________________________________ John M. Dohner, Vice Chair ________________________________ Nick Sugar, Associate Planner, Clerk Pro Tem 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 11