Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals Robert Drew, Chair John Dohner, Vice Chair Frederick Jahn Jeffrey Minar Louis Wagner Nick Sugar, Associate Planner Matthew Vazzana, City Solicitor Thursday, January 17, 2019 7:30 PM Town Hall I. Call to Order Acting Chair Dohner 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. Election of Officers Mr. Dohner nominated Mr. Drew for the position of Chairperson, Mr. Jahn seconded the motion. The motion was approved unanimously. Mr. Wagner nominated Mr. Dohner for the position of Vice Chairperson, Mr. Jahn seconded the motion. The motion was approved unanimously. III. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar, and Mr. Wagner IV. Identification, by Chairman, of Nick Sugar, Associate Planner; and Matthew Vazzana, City Solicitor. V. Swearing in of Staff and Audience Addressing the Board. Chair Drew welcomed Mr. Minar to the BZBA and recognized that Mr. Dohner has been reappointed the Board. Mr. Dohner and Mr. Minar were sworn into office before the BZBA meeting. A. BZBA Minutes of Previous Board of Zoning & Building Appeals Meeting: 11-15-2018 November 15, 2018. Attachments: BZBA Minutes November 15, 2018 - Final VI. Approval of Minutes Mr. Wagner moved to approve the November 15, 2018 minutes ats submitted. Mr. Dohner seconded the motion. The motion was approved by the following vote: Aye: 3 - Mr. Dohner, Mr. Jahn, and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 Abstain: 2 - Mr. Drew, and Mr. Minar VII. Public Hearings - New Business Chair Drew noted that three votes will be required to grant or deny a motion. A. 5463 A request for variances pertaining to the restoration of approximately eight hundred (800) feet of Tinkers Creek to improve function and habitat include the following: 1] a variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero setback pursuant to Section 1207.03(e)(2), “Wetland/Stream Corridor Protection - Wetland Setbacks”; 2] a variance of one hundred (100) feet from the required stream corridor setback of one hundred (100) feet resulting in a zero setback pursuant to Section 1207.03(e)(1)(i), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 3] 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 Angelina Joseph for EnviroScience Inc, 5070 Stow Road, Stow, OH 44224 and the owners are Metro Parks Serving Summit County Board of Commissioners, 3210 Hudson Aurora Road, Hudson, OH 44236 and the County of Summit, 175 S. Main Street, Akron, OH 44236 for 3210 Hudson Aurora Road including Parcels #3004414, #3003549, #3004497, Hudson, OH 44236 in District 2 [Rural Residential Conservation]. Attachments: BZBA 2019-5463 Staff Report Mr. Sugar introduced the application by describing the location, proposed work and the neighboring properties. The request has the support of the City of Hudson Engineering Department who will also review the work. Ms. Angelina Joseph, EnviroScience, working for Summit Metro Parks, clarified that the proposal is for work done on the main branch of Tinkers Creek and will not impact the upstream or downstream work areas. The Board question why this section for clearing? Ms. Joseph stated that 3,500 feet of Tinkers Creek was identified as needing work, for budgetary reasons this 1000 foot area was chosen for maintenance and improvements. Materials will be imported to the areas identified on the map in yellow. These materials will strengthen the creek floor and stop erosion. Ms. Joseph is unsure of the number of lineal feet of access roads to be built, all of which will be restored following the conclusion of the work. In response to the condition of Tinkers Creek, Ms. Joseph said there are beaver in the stream, which is a good indicator of the health of the stream. Metro Parks will keep watch on the beaver activity for negative impact and will do aqua plantings along the stream bank. Coordination is taking place with Summit County so that sewer facility discharges into the creek will be avoided. The Board and Ms. Joseph discussed various ways of building and maintaining a creek and creek bank, future City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 areas for work on Tinkers Creek and work done on private property. She also stated that the project is anticipated to take three to five weeks to complete. Chair Drew opened the meeting for public comment. Mr. Mark Zwolinski, 3193 Hudson Aurora Road, asked when the project is complete, will the creek path change or flooding increase? Ms. Joseph responded no, and that a No Rise Certificate was required by The City of Hudson and FEMA. Seeing no one else wishing to speak, Chair Drew closed the public comments. Mr. Jahn made a motion, 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 grant variances pertaining to the restoration of approximately eight hundred (800) feet of Tinkers Creek to improve function and habitat include the following: 1] a variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero setback pursuant to Section 1207.03(e)(2), “Wetland/Stream Corridor Protection - Wetland Setbacks”; 2] a variance of one hundred (100) feet from the required stream corridor setback of one hundred (100) feet resulting in a zero setback pursuant to Section 1207.03(e)(1)(i), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 3] 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, with the following conditions: 1. Variances granted do not permit buildings and/or accessory structures to be built in the subject area; and 2. FEMA floodplain permit and floodway “No-Rise” certifications must be first obtained and then submitted and accepted by the City prior to commencement of any activity on the site; and. 3. Applicant is to obtain approval from the City Engineer for the proposed work prior to commencement of any activity on the site. 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 improvements will improve the overall environmental health and function of Tinkers Creek. 2. The variances are insubstantial because the project only encompasses a small area of Tinkers Creek. 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 the proposal will enhance the environment and adjoining properties are not in the proximate area. 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 variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar, and Mr. Wagner City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 B. 5468 A request for variances pertaining to a house addition include the following 1] a variance of fifteen (15) feet from the required stream corridor setback of fifty (50) feet resulting in a thirty-five (35) foot setback pursuant to Section 1207.03(e)(1)(iii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 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 Carlton Buck, architect for Four Points Architectural Services, Inc., 2850 S. Arlington Road, Suite 200, Akron, OH 44312 and the owners are Ronald A. and Susan P. Rice, 2332 Red Coach Lane, Hudson, OH 44236 for 2332 Red Coach Lane, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2019-5468 Staff Report Mr. Sugar introduced the application for this 860 square foot addition by describing the surrounding properties and showing the stream which is located to the south of the property that requires a 50 foot setback and no disturbance within the stream. The proposed addition violates the setback by fifteen feet. Mr. Sugar recommended plantings be incorporated into the project along the stream banks. Mr. Carlton Buck, Four Points Architectural Services, stated the proposal as submitted seems to be the only suitable location on the property for this addition which is needed to aid in the care of the owners 21 year old son. Mr. Buck noted and described other locations on the property that were considered and stated that none of these meet the needs of the family. The existing septic system, garage and pool prohibit some building options. The owners have stated that, to their knowledge, the two-foot wide creek has only flooded an area of 3-feet beyond the stream. They are agreeable to plantings as directed by the City Arborist and will stop mowing to the edge of the stream. The Board and Mr. Buck discussed a redesign of the interior of the house, however, Mr. Buck said the house as is, functions well for the family and the needs of their disabled son. Chair Drew opened the meeting for public comment. There were no public comments. The Board discussed whether or not the need for the variance has been proven and the Board's desire to meet the needs of this family balanced against protecting the stream during construction and through the years. The Board also noted that the City of Hudson Engineering Department will review the machinery and materials delivery and storage methods. Mr. Wagner made a motion, seconded by Mr. Minar 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, that variances pertaining to a house addition include the following 1] a variance of fifteen (15) feet from the required stream corridor setback of fifty (50) feet resulting in a thirty-five (35) foot setback pursuant to Section 1207.03(e)(1)(iii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 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 City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 the City of Hudson Land Development Code, that the Board of Zoning and Building Appeals grant the variances requested with the following conditions: 1. Applicant is to consult with the City Arborist to introduce plantings and/or other suggestions made by the City Arborist to stabilize one or both sides of the stream corridor, as determined by the City Arborist; and 2. Applicant is to consult with City Engineer to minimize the potential damage to landscaping and the property during the construction phase to minimize potential impacts. 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, testimony given from the applicant and owners determines a significant need for the proposed addition to continue to provide care to the owner’s son. 2. The variance is substantial; however, the impact can be mitigated by the imposed conditions. 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 due to the conditions imposed on the approval. 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 restrictions. 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. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar, and Mr. Wagner Nay: 1 - Mr. Dohner C. 5473 The request is a variance of four (4) feet from the required fifty (50) foot rear yard setback resulting in a forty-six (46) foot rear yard setback in order to build a house addition pursuant to Section 1205.06(d)(5)(E)(i) “Property Development/Design Standards - Minimum Rear Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Andrew Reynolds, architect for Clemens Pantuso Architecture, 45 E Washington Street #104, Chagrin Falls, OH 44022 and the owners are John J. and Nancy K. Gasparovic, 74 Fox Trace Lane, Hudson, OH 44236 for the property at 74 Fox Trace Lane, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 Attachments: BZBA 2019-5473 Staff Report Mr. Sugar introduced the application by describing the neighboring properties and reviewing the request to build a projection across the back of the home that encroaches into the rear yard setback. Ms. Rebecca Pantuso, Pantuso Architecture, stated that water damage, deterioration of the existing structure and that the cantilevered master bedroom is cold have brough about the request is for a two-foot variance. Ms. Pantuso noted that other options were considered but this proposal allows for using the existing foundation. The Board noted that while the eight percent variance is minor, the variance is prominent and visible to the public from the trail. However, the trail is a substantial distance from the house which minimizes the impact. Chair Drew opened the meeting for public comment. John Gasparovic, owner, 74 Fox Trace. Thanked the board and reiterated that the size of the structure is not being enlarged. Chair Drew closed the 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 hereby grant a variance of four (4) feet from the required fifty (50) foot rear yard setback resulting in a forty-six (46) foot rear yard setback in order to build a house addition pursuant to Section 1205.06(d)(5)(E)(i) “Property Development/Design Standards - Minimum Rear Yard Setbacks” of the City of Hudson Land Development Code. 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 requested variance, however, the proposal will provide a more practical use of the property as it will rectify the existing structure’s deficiencies. 2. The variance is insubstantial because it is an eight (8) percent request and the minimum necessary to remedy a unique issue. 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 project abuts a public greenspace and will be largely unnoticeable. 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. A motion was made by Mr. Dohner, seconded by Mr. Jahn, that this variance be approved. The motion carried by the following vote: City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final January 17, 2019 Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar, and Mr. Wagner VIII. Other Business Mr. Vazzana, congratulated new officers amd welcomed Mr. Minar to the Board. IX. Adjournment Mr. Wagner made a motion, seconded by Mr. Dohner, that the meeting be adjourned. The motion was approved unanimously. Chair Drew adjourned the meeting at 9:23 p.m. Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar, and Mr. Wagner ________________________________ Robert Drew, 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 7