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, March 21, 2019 7:30 PM Town Hall I. Call to Order Chairman Drew 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. Minar and Mr. Wagner III. Identification, by Chairman, 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 A. BZBA 2-21-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: February 21, 2019 Attachments: BZBA Minutes February 21, 2019 - draft Mr. Jahn made a motion, seconded by Mr. Dohner that the February 21, 2019 minutes be approved with the edits that Variance 1 and Variance 2 be clearly identified. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business A. BZBA 19-87 To consider a variance from the requirement that doors for attached City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final March 21, 2019 garages are not permitted to face the street in order to build an attached two car garage addition pursuant to Section 1205.04(d)(7) (C)(i) “Property Development/Design Standards - Building Siting and Orientation - Private Garages” of the City of Hudson Land Development Code. The applicant is Michael Pope for Environments by Design LLC, 30 Ravenna Street, Hudson, OH 44236 and the property owners are Steven G. and Corinna A. Bennett, 2496 Barlow Road, Hudson, OH 44236 for the property at 2496 Barlow Road, Hudson, OH 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 19-87 Staff Report Mr. Sugar described the property and location which is one-half acre that was split from a farm in 1989. The applicant is proposing a garage addition, with living space above, which will increase the building footprint by 78 percent. At present the structure does not have enclosed vehicle storage, which would be required for a new home. Mr. Sugar clarified that the variance request is to allow the garage doors to face the street and he showed a map of homes in the area with front facing garages. Mr. Sugar also noted that the plans have received an informal review from the AHBR. Mr. Michael Pope, Environment by Design, was present for the meeting. Mr. Pope discussed the following with the Board: The narrow lot that this house is located on with a barn immediately next door and the setback along the side of the driveway. That the design as presented allows additional living space without any change of levels, which will not be possible if the garage is moved to the rear of the house. That the house today is the lowest valued house in the neighborhood, however, following the completion of this plan, the house will have one of the highest values in the neighborhood. Mr. Pope also stated he believes the improvements made will far outweigh the negative affects of the front facing garage doors and the plan, as proposed, is a result of a cost benefit analysis. The Board discussed placing the garage in the back of the house, the elevation change of the property from front to back as well as the possibility of entering the property from the west side. Mr. Pope stated that the plan as proposed, adds an additional 500 square feet of living space to the 1950 square foot house. Mr. Steve Bennett, homeowner, informed the Board that the driveway to the west is the original driveway to the barn. The house was purchased with the condition that separate driveway to the house be built. Mr. Bennett also stated to place a driveway on the west side of the home would require the loss of four mature trees that are treasured by the homeowners. Seeing no one else wishing to speak, Chair Drew closed the public hearing. Board discussions centered on this being a well thought out plan that fits with other front facing garages in the area and the lack of alternatives to avoid front facing garage doors. 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 a variance from the requirement that doors for attached garages are not permitted to face the street in order to build an attached two car garage addition pursuant to Section 1205.04(d)(7)(C)(i) “Property Development/Design Standards - Building Siting and Orientation - Private Garages” of the City of Hudson Land Development Code. The Board finds and concludes: City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final March 21, 2019 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 meet the property owners’ needs of an enclosed garage as well as additional living space. 2. The variance is substantial because the proposed addition will increase the home’s footprint by approximately seventy-eight (78) percent and increase the living space by approximately twenty-five (25) percent. 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 approximately nineteen (19) homes in the general proximity with front facing garage doors. 4. The variance 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 cannot be resolved through some method other than the requested variances in a practical manner. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because granting the variance will not only benefit the property owner by providing additional garage and living space but will also benefit the surrounding neighborhood by providing increased value. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business Mr. Sugar stated that there are three cases planned for the April 18, 2019 BZBA meeting. VIII. Adjournment Mr. Dohner made a motion to adjourn, Mr. Minar seconded the motion. The motion was unanimously approved. Chair Drew adjourned the meeting at 8:13 p.m. ________________________________ Robert P. 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 City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final March 21, 2019 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 4