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, April 18, 2019 7:30 PM Town Hall I. Call to Order Vice Chair Dohner, acting chair, called to order the regularly scheduled meeting of the Board of Zoning & Building Appeals at 7:31 p.m., in accordance with the Sunshine Laws of the State of Ohio, O.R.C. Section 121.22. II. Roll Call Present: 3 - Mr. Dohner, Mr. Minar and Mr. Wagner Absent: 2 - Mr. Drew and Mr. Jahn III. Identification, by Chairman, of Nick Sugar, Associate Planner. Vice Chair Dohner announced that the applicant for 1731 Norton Road has withdrawn his application for this evenings meeting. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Sugar swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 3-21-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: March 21, 2019 Attachments: BZBA Minutes March 21, 2019 - draft A motion was made by Mr. Minar, seconded by Mr. Wagner, that the vote for the approval of the March 13, 2019 minutes be deferred to the May 16, 2019 BZBA meeting. The motion carried by a unanimous vote. VI. Public Hearings - New Business Vice Chair Dohner noted that with only three members present, any vote will require a unanimous vote. A split vote will automatically continue the application to the next meeting. If requested by the applicant, any case will be delayed until the next meeting. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 18, 2019 A. BZBA 19-132 To consider variances to permit construction of a detached garage. The requests are: 1] a variance to allow an accessory structure detached garage to be located in the side yard when code permits accessory structures to be located only in the rear yard pursuant to Section 1205.08(d)(11)(D)(iii), “Building Siting and Orientation - Private Garages”; 2] a variance from the requirement that no accessory structure shall be located within a side yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operational Standards”, and 3] a variance of two (2) feet from the required five (5) foot side yard setback resulting in a three (3) foot side yard setback pursuant to Section 1205.08(d)(7) (C)(v) “Property Development/Design Standards -Setbacks” of the City of Hudson Land Development Code. The applicant is Gordan Costlow for Costlow & Associates, 1865 Arndale Road Suite C, Stow, OH 44224 and the property owner is Jellyroll Enterprises LLC, 3006 Pine Trails Circle, Hudson, OH 44236 for the property at 78 Maple Drive, Hudson, OH 44236 in District 5 [Village Core District - Historic]. Attachments: Packet For BZBA Mr. Sugar noted the location of the property and structure which was built in 1941 and stated the applicant intends to convert the property to a residential use with the proposed garage being three-feet from the property line where five-feet is required. Mr. Sugar also noted the property has an irregular shape which makes building the propose garage difficult and that alternate designs and locations were explored and reviewed by the applicant and staff. Mr. Sugar suggested that removing the dormers and reducing the forty-five foot curb cut could lessen the impact of the proposed garage and a condition be placed on the garage to prohibit a dwelling unit. Mr. Sugar also noted that in District 5 an accessary structure may be used as a dwelling. Mr. Gordon Costlow, Costlow & Associates, and Ms. Angela Lewis, owner, were present for the meeting. Mr. Costlow stated various options for an attached garage were explored and the setbacks caused a reduction in size for the proposed detached garge to twenty-two by twenty-two feet, which he feels is the minimum size for a useful two car garage. He also noted the peak of the garage will be eighteen-feet, which is lower than the house and that he would like to run electricity and possibly water to the proposed garage. Mr. Costlow noted the dormers are to increase the storage area in the attic which will be accessed by internal steps. Vice-Chair Dohner opened the meeting for public comments. There were no public comments. The Board discussed the size of the garage, utilities, future attachment of the garage to the house and possible conditions to a variance. 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, the Board of Zoning and Building Appeals grants the variances requested with the following City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 18, 2019 conditions: 1. The driveway serving the garage and associated curb cut shall be reduced to a maximum width of twenty (20) feet. 2. The applicant shall obtain a Change of Use Certificate with the City of Hudson and appropriate permits with the Summit County Division of Building Standards to complete the conversion from commercial to residential. 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 variances will significantly aid in converting the property to a residential use. 2. The variances are insubstantial because of the unique size and character of the lot. 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 as this property does not currently have a garage and this is the best solution. 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 was approved by the following vote: Aye: 3 - Mr. Dohner, Mr. Minar and Mr. Wagner B. BZBA 19-102 A continuation to consider variances to permit construction of a multi-purpose gymnasium addition to a church. The requests are 1] a variance of fifty (50) feet from the required oil and gas tank battery setback of two hundred (200) feet resulting in a one hundred fifty (150) foot setback from a tank battery pursuant to Section 1207.19(c)(10) “Special development standards - Oil/Gas Exploration and Drilling Uses”; and 2] a variance from the requirement that development shall provide a pedestrian connection to the building pursuant to Section 1207.12(d)(4) “Off-street parking and loading requirements - General Design Standards” of City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 18, 2019 the City of Hudson Land Development Code. The applicant is John Swidrak for AoDK, Inc, 17306 Madison Ave, Lakewood, OH 44107 and the property owner is Gloria Dei Lutheran Church, 2113 Ravenna Street, Hudson, OH 44236 for the property at 2113 Ravenna Street, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 19-102 Staff Report 5-16-19 BZBA 19-102 Staff Report 4-18-19 Memo to Board Mr. Sugar noted the location of the church on 14.8 acres and stated this request is for an addition in front of the existing church, 150 feet from a tank battery. Mr. Sugar added the Land Development Code (LDC) requires a setback of 200 feet, which is fifty-feet more than the State of Ohio requirement of 150 feet. Mr. Sugar also noted a sidewalk is required by the LDC and suggested a payment-in-lieu of the sidewalk. Mr. Sugar stated that staff recommends exploring alternatives such as moving the well, capping the well or discontinuing use of the well. Mr. John Swidrak, AoDK, Inc, and Mr. Dave Bruenwal, representing Gloria Dei Lutheran Church, were present for the meeting. Mr. Swidrak stated since there are no existing sidewalks and there is no connectivity in the area, the church would like the payment-in-lieu option. He also stated that other locations for the addition have been explored and the church has talked to the tank battery owner about relocating the tank. Mr. Swidrak stated the church feels this proposal forwards the mission of the church as it provides for community space, larger and more accessible restrooms and a family restroom that will provide opportunities for use by the surrounding community. Mr. Swidrak also noted the existing building is currently within the 200 foot setback. Mr. Bruenwal stated the tank battery only impacts the church, not the surrounding community. He also noted that the rear of the property has much higher elevation, making building there not practical and the proposal allows for one level with improved access. In response to questioning, Mr. Swidrak and Mr. Bruenwal stated the lessee will not move or close the well. Mr. Ryan Myers described the grade level changes from front to back will cause water flow issues and that changing the location of the addition will cause problems in a narrow hallway. The Board noted the Fire Marshal's code determination that 200 feet must be followed and wherever the building is located, there will be grade and water issues. The applicants noted that building in the rear will cause increased cost for sewer attachment and the underground oil and gas lines run from the back to the front of the property. The Board noted its dependence on the expertise of the Fire Marshal to determine safe distances, the increasing the amount of activity taking place in that area if an addition is built and that they are not convinced there is no reasonable alternative to placing the building within 150 feet of the tank battery. The Board discussed mitigation for the dangers associated with the tank battery, Mr. Sugar noted his lack of qualifications to address the mitigation questions. Mr. Bruenwal stated the Fire Marshal will not approve mitigation of the danger of the tank battery and that he feels the Ohio Revised Code is knowledgeable regarding safety and the code says 150 feet. Vice Chair Dohner opened the meeting for public comment. Ms. Dana Zuranack, 2161 Ravenna Street, spoke in support of Gloria Dei, noting the elevation in the rear is a steep hill. Ms. Zuranack also noted there are no sidewalks on the north side of Ravenna Street and that a storm City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 18, 2019 water retention pond was recommended years ago, Mr. Zuranack would like the retention pond to be included in this project. Mr. Jim Montifield, 1597 S. Hayden Parkway, stated his concern for the danger presented by the tanks and well and that the underground area is a mass of oil and gas lines which raises concerns about digging and noted that application states that the tanks and lines cannot be moved. Mr. Richard Andrews, 209 Ravenna Street, noted that he owns the property closest to the tank battery and that his concern is water runoff. He also stated it would be a major engineering feat to move to the tank battery to the back of the building and the owner's reluctance to do so since it is producing little oil. Mr. Andrews also believes that few people would use a sidewalk on Ravenna Street. Seeing no one else wishing to make public comment, Vice Chair Dohner closed the public comments. The Board discussed its inability to make a determination on the safe distance when state entities disagree and the Hudson requirement of 200 feet seems reasonable, Mr. Sugar stated the Fire Marshal's letter is his final statement. The Board informed the applicants that if they wish further consideration of this application they may bring information from an authority who believe that 150 feet is a safe distance. The applicant requested to table the tank battery setback and sidewalk application until the next meeting. Mr. Minar made a motion to table the application to the next regularly scheduled meeting of the BZBA, Mr. Wagner seconded the motion. The motion was approved by the following vote: Aye: 3 - Mr. Dohner, Mr. Minar and Mr. Wagner VII. Other Business Mr. Sugar noted three cases for the May meeting. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Minar, that the meeting be adjourned. The motion carried by an unanimous vote. Vice-Chair Dohner adjourned the meeting at 9:40 p.m. ________________________________ John M. Dohner, Vice Chair ________________________________ Lou Wagner ________________________________ 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, City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final April 18, 2019 Minutes of Architectural and Historic Board of Review, Board of Zoning and Building Appeals, and Planning Commission. City of Hudson, Ohio Page 6