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, May 16, 2019 7:30 PM Town Hall I. Call to Order Chair 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 Drew, of Greg Hannan, Community Development Director; Nick Sugar, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 4-18-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: April 18, 2019 Attachments: BZBA Minutes April 18, 2019 - draft Mr. Wagner made a motion to approve the minutes of April 18, 2019, Mr. Dohner seconded the motion. The motion was approved by the following vote: Aye: 3 - Mr. Dohner, Mr. Minar and Mr. Wagner Abstain: 2 - Mr. Drew and Mr. Jahn B. BZBA 3-21-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: March 21, 2019 Attachments: BZBA Minutes March 21, 2019 - draft Mr. Wagner made a motion to approve the minutes of March 21, 2019, Mr. Dohner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final May 16, 2019 seconded the motion. 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 19-102 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 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 introduced the application for an addition and displayed the location of the existing oil and gas tank battery in relation to the addition. Mr. Sugar noted the City of Hudson requires a 200-foot setback between the tank battery and addition while the applicant is requesting a variance of 50-feet resulting in a 150-foot setback. Mr. Sugar also described the required pedestrian sidewalk and reviewed the discussion regarding this application from the previous BZBA meeting. Mr. John Swidrak, AoDk Inc., presented a memo from the tank battery owner to the Board members and stated the variance request is to allow a 150-foot buffer between the oil tank battery and new addition Mr. Dave Grunewald, 1643 Barlow Road, reviewed the memo and stated he believes the church has taken safety seriously in the request for the waiver. Mr. Grunewald also stated that he is unable to find anything that defines a safe distance and believes the reducing production of the well increases safety. Mr. Ryan Myers, 1555 Beacon Road, stated that the tank batteries are maintained at least annually. The Board acknowledged the waiving of some level of safety if the waiver is granted and questioned what margin of safety is being given up? Mr. Sugar noted it is not uncommon for Hudson to have more restrictive regulations than the state or federal City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final May 16, 2019 government. The Board and representatives from the applicant discussed the existing structure setback, potential locations of the proposed addition, the church entryway, hydrology issues, ministries in the church and the location of those ministries and the effect of building a smaller addition on the church ministries. Mr. Drew opened the meeting for public comments. Mr. Dana Zahuranic, 2161 Ravenna Street, stated that he never detected any odor from the tanks or property and that he has no objection to the variance. Chair Drew seeing no one else wishing to speak closed the public comments. The Board: · Acknowledged this is a difficult case and it is unknown why Hudson has a 200-foot buffer · Discussed ORC 1509, which addresses state requirement for oil and gas resource management · Discussed other factors including the encroachment of the existing building, the need to site the addition in the proposed location and the hours and operation of the church Variance #1 Mr. Minar made a motion, seconded by Mr. Jahn, regarding 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 to permit construction of a multi-purpose gymnasium addition to a church pursuant to Section 1207.19(c)(10) “Special development standards - Oil/Gas Exploration and Drilling Uses” 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 grant the variance requested with the following condition: 1. Owner is to provide city staff with periodic inspection reports of the tank battery. City staff will have the ability to require additional inspections if deemed necessary. 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, construction of the proposed addition would not be feasible in another location due to the topography and drainage issues on the north and east sides of the building. 2. The variance is substantial as it is twenty-five (25%) percent of the requirement. 3. The essential character of the neighborhood would not be substantially altered. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property circa 1970 without knowledge of the zoning restrictions. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variances due to the site challenges discussed including steep grades and required building setbacks. 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 folllowing vote: City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final May 16, 2019 Aye: 3 - Mr. Drew, Mr. Jahn and Mr. Minar Nay: 2 - Mr. Dohner and Mr. Wagner The Board and the applicants discussed the sidewalk from Ravenna Street to the church and the high cost of this sidewalk that would be seldom used. The applicant stated the intent to build a sidewalk along Ravenna Street. Variance #2 Mr. Jahn made a motion, seconded by Mr. Minar, that a variance from the requirement that a development shall provide a pedestrian connection to the building in order to permit construction of a multi-purpose gymnasium addition to a church pursuant to Section 1207.12(d)(4) “Off-street parking and loading requirements - General Design Standards” of the City of Hudson Land Development Code be granted. 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 variances, however, requiring a pedestrian connection will have little practical use in this instance. The building has an uncharacteristically large setback and is located in an area of the city without a public sidewalk. 2. The variance is insubstantial due to the impractical nature for this particular development. Pedestrians will have the option of using the existing driveway for access to the building, as it is seldom utilized. 3. The essential character of the neighborhood would not be substantially altered as the required pedestrian connection would only impact the property in question. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property circa 1970 without knowledge of the zoning restrictions. 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 requirement is not practical in this particular instance. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Nay: 1 - Mr. Dohner B. BZBA 19-235 A variance of twelve (12) feet from the required ground sign right-of-way setback of fifteen (15) feet resulting in a three (3) foot setback in order to build a new ground sign pursuant to Section 1207.17(d)(4)(A) “Signs - Permanent Ground Signs” of the City of Hudson Land Development Code. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final May 16, 2019 The applicant is Mary Ann Wervey for Zaremba Group, 14600 Detroit Avenue #1500, Lakewood, OH 44107, and the owner is M7 Realty, 28450 Lorain Road, North Olmsted, OH 44070 for the property at 5735 Darrow Road, Hudson, OH 44236 in District 7 [Outer Village Commercial Corridor]. Attachments: BZBA 19-235 Staff Report Mr. Sugar described this application for a five by eight-foot sign to be placed approximately 80-feet from the street. Ms. Mary Ann Wervey, Zeremba Group, stated the Zeremba Group intends to purchase the property and is procuring the needed approvals and permits prior to renovating the building and parking lot. Ms. Wervey stated the proposed sign location is the only logical place for the sign. The Board discussed other signs in the area and their placement. Chair Drew opened the meeting for public comment. Mr. Roberth Schwiertman, 5732 Argyle Drive, stated no objection to the sign, that he is glad to see a new business in this location and that he would like a uniform look to all the sign placements. Mr. Schwiertman also questioned the lot in back of the lot in question and asked how this has been zoned. Mr. Sugar replied this lot has been zoned residential and invited Mr. Schwiertman to contact Community Development with any questions. Seeing no one else wishing speak, Chair Drew closed the public comments. Mr. Wagner 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 of twelve (12) feet from the required ground sign right-of-way setback of fifteen (15) feet resulting in a three (3) foot setback in order to build a new ground sign pursuant to Section 1207.17(d)(4)(A) “Signs - Permanent Ground Signs” of 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, however, the property fronts an unusually large city right-of-way rendering the required setback irrelevant. 2. The variance is insubstantial because of Darrow Road’s exceptionally large right-of-way. 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 restrictions. 6. The applicant's predicament feasibly could be resolved through some method other than the requested variance, however, the requested variance is the most logical solution to the applicant’s predicament. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final May 16, 2019 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 reported there will be a June meeting with one case at this time, construction has begun on the new town hall and work on the Waterway Carwash has begun. VIII. Adjournment A motion was made by Mr. Dohner, seconded by Mr. Minar, that the meeting be adjourned. The motion carried by an unanimous vote. Mr. Drew adjourned the meeting at 9:16 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 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 6