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, November 15, 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 Lehman of: Nick Sugar, Associate Planner; and Matthew Vazzana, City Solicitor. 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. 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 BZBA Minutes of Previous Board of Zoning & Building Appeals Meeting: 10-18-2018 October 18, 2018 Attachments: BZBA Minutes October 18, 2018 - Draft A motion was made by Mr. Wagner, seconded by Mr. Dohner, that this Minutes be approved as amended. The motion carried by an unanimous vote. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final November 15, 2018 VI. Public Hearings - New Business Mr. Sugar affirmed to Chair Lehman that due notices have been given. Chair Lehman noted it is the duty of the applicant to persuade the board why a variance should be given to the Land Development Code keeping in mind that when a variance is granted it will remain with the land. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final November 15, 2018 BZBA 2018-34 A request for a variance from the requirement that parking lots may only have a maximum horizontal illumination of five (5) footcandles in order to construct a vacuum area for a car wash with a maximum horizontal illumination of twenty-eight (28) footcandles pursuant to Section 1207.14(c)(1) “Exterior Lighting - Lighting Levels” of the City of Hudson Land Development Code. The applicant is Jason Steigerwald, 175 Montrose West Avenue, Suite 400, Akron, OH 44321 for the property at 5611 Darrow Road, Hudson, OH 44236 in District 7 [Outer Village Commercial Corridor]. Attachments: BZBA 2018-34 Staff Report Mr. Sugar introduced the application for a variance to the lighting requirements for Ultimate Wash. This proposal is to add LED lighting that exceeds the LDC maximum footcandle requirements. Mr. Sugar noted that staff conducted a survey of properties along the Darrow Road corridor, including the BP and Marathon gas stations which are permitted fifteen foot-candles with Marathon having 15 and BP 8 foot-candles at ground level. The request of the applicant is a 400% increase over the Land Development Code requirement. Mr. Mike Goldman, Waterway Gas and Wash, and Mr. Jason Steigerwald, engineer, were present for the meeting. Mr. Goldman stated that Waterway Gas and Wash is considering purchasing Ultimate Wash. Waterway presently has 21 sites in five markets. Mr. Goldman explained that the proposed lights are necessary for the business model of Waterway - allowing for the car to be inspected for cleanliness and safety of employees. The lights are proposed to be on sixteen -foot poles with the light directed down and the minimum foot-candles allow for the car to be inspected after dark. The light will turn off at 8 p.m. The board expressed concern that the variance request is 400% over the LDC and is in one of the gateway entries into Hudson. Discussion was held on alternatives to the proposed lighting plan. Mr. Jason Steigerwald, CESO, noted that natural screening of the light and using required trees will be helpful for travelers on Route 91 and residences in the rear of the property which have a heavily wooded area that will not change. Chair Lehman opened the meeting for public comments. Mr. Bankovich, 1424 Carriage Hill Drive, adjoining neighbor, asked what would be seen from his property because of the lights and what will happen after 8 pm? Mr. Goldman stated that because of the property topography and natural screening he believes zero light coming off the car wash property will be seen on Mr. Bankovich's property, it will be the same as today. After After 8 pm the car will will be closed with only security lights. the vacuum area will be turned off. Seeing no one else wishing to make public comment, Mr Lehman closed the public comments and began Board discussion which centered on possible conditions if the variance is granted 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 with the following conditions: 1. Lighting located around the vacuum areas is to be shut off no later than 8:00 P.M. 2. No proposed light pole shall exceed a height of fourteen (14) feet. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final November 15, 2018 3. All lighting shall be direct with very little spillage and any subsequent or replacement lights shall be substantially similar in spillage to those lights presented as part of this variance application. 4. There shall be a maximum of twenty-five (25) footcandles emanating from the area of the eight (8) light poles and their associated sixteen (16) fixtures around the vacuum area. 5. There shall be a maximum of seven (7) footcandles emanating from the area of the light poles and their associated fixtures around the queuing area located at the rear of the property. 6. The variance shall run so long as the principal business on the parcel is a car wash facility. 7. The applicant shall meet all screening requirements per the City of Hudson Land Development Code. 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. Historically, the property has been utilized as a car wash facility. 2. The variance is substantial, as the request is for a four hundred percent (400%) variance. Even when compared to the requirements for gas station canopies, the request would be a sixty-seven percent (67%) variance. However, the requested variance can be mitigated by the stated conditions as well as the nature of the facility’s use and the unique location along a commercial corridor. 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 due to the conditions imposed on the approval. 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. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Lehman and Mr. Wagner VII. Other Business Mr. Vazzana notified the Board that an appeal of a decision has been filed. BZBA 2019 2019 BZBA Meeting Schedule Attachments: 2019 BZBA Meeting Schedule A motion was made by Mr. Wagner, seconded by Mr. Jahn, that the proposed 2019 schedule be approved. The motion carried by an unanimous vote. VIII. Adjournment Mr. Wagner made a motion, seconded by Mr. Dohner that the meeting be adjourned. The motion was approved. Chair Lehman adjourned the meeting at 8:52. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final November 15, 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 5