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, June 20, 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. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore-in staff and all persons wishing to speak under oath. V. Approval of Minutes A. BZBA 5-16-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: May 16, 2019 Attachments: BZBA Minutes May 16, 2019 - draft A motion was made by Mr. Minar, seconded by Mr. Wagner, that the May 16, 2019 minutes be approved as submitted. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business A. BZBA 19-331 The request is for variances from the requirement to utilize public water and sewer in order to have a water well and septic system on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2019 the City of Hudson Land Development Code. The applicant is David Hesse for Payne & Payne Builders, Inc., 10750 Mayfield Road, Chardon, OH 44024. The property owners are Randy Bright and Aaron Roberts, 2200 N County Road 605, Sunbury, OH 43074 for the property at 6290 Stone Road in District 2 [Rural Residential Conservation]. Attachments: Correspondence Akron And Streetsboro Packet For BZBA Stone Road Mr. Sugar introduced the application for a variance to allow the use of an existing water well and the construction of a private sepic system for a new house and garage that will sit on 4.9 Acres of land in District 2. The nearest water line is 750 feet to the north in Canterbury Phase II and owned by the City of Akron. There is water on the East side of Stone Road, however, this is owned by the City of Streetsboro, which the applicant may not use. The approximate cost of obtaining water from the Akron line in Canterbury Phase II is $130,000 plus $6000 to run the water to the house. The nearest sanitary sewer line is on Stone Road and is part of the Portage County system which has an agreement to allow homes in Hudson to tie into the sewer. The applicant is requesting this variance for the following reasons: The street is higher than the proposed house which will necessitate a pump station at the home, the owner is concerned about backups and freezing, and the sanitary sewer will cost $36,400 as opposed to a septic system costing $22,000. Mr. Sugar noted that the home could be moved closer to Stone Road which would reduce the cost of the water and sewer lines and homes along Stone Road are predominately served by wells and septic. Mr. David Hess, Payne and Payne Builders, Inc., was present for the meeting. Mr. Hess stated the well is biggest issue and the owner is open to tying into the Portage County sewer, but would like the option for a septic system. The Board and Mr. Hess discussed the setback of the house, the depth of the water and sewer lines, the size of the house and the outside fireplace on the patio. The Board commented that the sanitary sewer variance is more troubling than water variance. Chair Drew opened the meeting for public comments. There were no public comments. Mr. Hess requested to withdraw the variance request for a septic system. Variance 1, Variance for Septic System Mr. Dohner made a motion to acknowledge and approve Mr. Hess’s request to withdraw his application for a variance to the requirement to tie into a public sanitary sewer line, Mr. Jahn seconded the motion. This matter was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Variance 2, Regarding Public Water 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 grants a variance from the requirement to utilize public water in order to have a water well on the property to construct a new City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2019 house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The variance was approved with the following condition: 1. If public water service becomes available to this property, the home owner is required to utilize and tap into the service within a reasonable amount of time. The Board finds and concludes: 1. The property in question will not yield a reasonable return and there cannot be a beneficial use of the property without the requested variance because of the restrictions on water availability to this site. 2. The variance is insubstantial because the lot must be served by water in order to become a buildable lot. Granting the variance is the only alternative. 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 as other homes in the area are served by water wells. 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 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 because alternatives have been explored and the variance is the only logical solution due to the excessive cost of extending a public water line. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 19-415 The request is for a variance of two (2) feet from the maximum wall height in the front yard of four (4) feet above the elevation of the surface of the ground resulting in a height of six (6) feet to permit construction of two (2) stone posts with lights pursuant to Section 1206.03(a)(5) “Accessory Uses/Structures - Fences and Walls, Residential” of the City of Hudson Land Development Code. The applicant is Zach Goebelt for Complete Outdoor Installation, LLC, 3479 Kent Road, Stow, OH 44224. The property owner is Kristina D Roegner Trustee, 1556 E Hines Hill Road, Hudson, OH 44236 for the property at 1556 E Hines Hill Road in District 2 [Rural Residential Conservation]. Attachments: BZBA 19-415 Staff Report 2012 case - 2222 E Streetsboro City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2019 Mr. Sugar introduced the application for a variance of two-feet, for two, 6-foot fence pillars. The applicant will replace an existing 4-foot high wooden fence that has 2, 6-foot, 4-inch-high wooden fence pillars that will be replaced with the new proposed fence pillars. Staff notes that the LDC only permits 4-foot high fence pillars. Mr. Zach Goebelt, Complete Outdoor Installation, LLC., was present for the meeting and noted the lack of light in the area, the proposed fence pillars sit 50-feet off the road and the homeowners desire the traditional look these gates give to the property. The Board discussed the light on top of the fence pillars which adds to the height, the 194-foot length of the fence and the pillars only being 3-feet each, the perspective of the house that sits back from the road and noted the proposed pillars are in keeping with pillars in the neighborhood. Chair Drew opened the meeting for public comments. There were no public comments. The Board discussed the application and determined this is more of a desire than necessity for the property . However, the board believes the pillars mark the end of the driveway well, are 50-feet off the road, and are replacing existing 6-foot high pillars. The Board also discussed the size of the variance,and how the relation to the size of the property makes the variance seem less significant and is in keeping with previous BZBA decisions. Chair Drew opened the meeting for public comments. There were no public comments. 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, Mr. Dohner made a motion, seconded by Mr. Jahn that the BZBA grant a variance of two (2) feet from the maximum wall height in the front yard of four (4) feet above the elevation of the surface of the ground resulting in a height of six (6) feet to permit construction of two (2) stone posts with lights pursuant to Section 1206.03(a)(5) “Accessory Uses/Structures - Fences and Walls, Residential” 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 variance, however, the request is insubstantial. 2. The variance is insubstantial for the following reasons: a. The stone posts represent a minor percentage of the entire wall being constructed. b. The proposal is in character with surrounding fences and light posts. c. The decision is consistent with past BZBA reviews for similar requests. d. The proposed light posts are set back from the wall approximately twenty (20) feet. 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 as many of the surrounding properties also have similarly designed light posts at their driveway entrances. 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 cannot be resolved through some method other than the requested variance. If the light posts are reduced in height the desired outcome of enhancing the driveway entrance with visible light will not be achieved. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2019 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: Aye: 4 - Mr. Dohner, Mr. Drew, Mr. Jahn and Mr. Wagner Nay: 1 - Mr. Minar VII. Other Business Mr. Sugar noted three cases presently are scheduled for the July meeting and that he will update BZBA on the case being appealed at the next meeting. VIII. Adjournment A motion was made by Mr. Minar, seconded by Mr. Dohner, that the meeting be adjourned. The motion carried by an unanimous vote. Mr. Drew adjourned the meeting at 8:38 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 5