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, July 18, 2019 7:30 PM Town Hall Call to Order Chair Drew 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: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Absent: 1 - Mr. Dohner 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. Chair Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 6-20-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: June 20, 2019 Attachments: BZBA Minutes June 20, 2019 - draft A motion was made by Mr. Minar, seconded by Mr. Jahn, that the June 20, 2019 minutes be approved as amended. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 Chair Drew explained three votes will be required to grant or deny an application. A two-to-two vote will automatically move the application to the next BZBA agenda. A. BZBA 2019-510 A request for a variance of fifteen (15) feet from the required (15) foot side yard setback resulting in a zero setback to permit construction of a detached garage pursuant to Section 1205.06(d)(5) (D)(iv), “Property Development/Design Standards - Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Bill Young for Legacy Remodeling Team, 5751 Darrow Road, Hudson, OH 44236 and the property owners are Daniel F. and Sandra K. Petrella, 176 Ravenna Street, Hudson, OH 44236 for the property at 176 Ravenna Street, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2019-510 Staff Report 7-18-19 Mr. Sugar introduced the application for a variance of 15-feet to build a 20 foot by 24 foot, 17-foot high garage for a home built in 1908 with a zero side-yard setback. Mr. Sugar reviewed the staff comments and stated that staff recommends some amount of side-yard setback to provide room for maintenance and construction without encroaching on the neighboring property. Mr. Bill Young, Legacy Team, agreed to move the garage three-feet from the west property line. The Board noted Mr. Young's agreement for a three-foot setback will now require a twelve-foot variance and questioned if this is enough room to build the garage and maintain it through the years. Mr. Young stated the three-feet will be sufficient. The Board asked Mr. Young if the variance request could be less than twelve-feet? In response, Mr. Sugar noted that moving the garage, as designed, directly away from the side property line will cause a violation of the required five-foot separation between structures. The Board discussed the 17-foot height. Mr. Young stated the additional height will be for storage and the only utility in the garage will be electricity. Mr. Young stated that alternatives were considered resulting in this proposal which is a compromise of the structure desired by the owners and the restrictions presented by the property and LDC. Also, the owners do not want the garage behind the house. Mr. Sugar noted a professional survey was performed resulting in the property lines presented in the application . To aid the Board in determining an appropriate setback Mr. Sugar noted that District 4 has the smallest setback of any District, which is four feet. Chair Drew opened the meeting for public comments. Ms. Laurie Miller Patterson, 170 Ravenna Street, commented that she has no issue with a variance to the required setback, but would like more than two-feet of setback to provide for landscaping and eventual care of the building. Seeing no one else wishing to make public comment, Chair Drew closed public comments. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 The Board noted there is a demonstrated need for a setback variance and stated the issue is what amount of setback should be granted. The Board also noted the District 4, four-foot setback, may be used as a minimum basis for this application. Board members had no recollection of ever granting a three-foot or less setback. The Board also discussed making the garage narrower but felt that would diminish the value of the garage. In response to a question from the Board, Mr. Young stated a four-foot variance was acceptable to the homeowners. 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. Jahn made a motion, seconded by Mr. Wagner that, based on the evidence presented to the Board by the applicant, Bill Young, for the property at 176 Ravenna Street, Hudson, OH 44236, the Board of Zoning and Building Appeals grant a variance of eleven (11) feet from the required (15) foot side yard setback resulting in a four (4) foot side yard setback to permit construction of a detached garage, with the following condition: 1. The proposed structure shall have a minimum five (5) foot separation from the main house. 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 deteriorated condition of the existing garage justifies a rebuild and, in effect, a variance. The property’s narrow lot width also hinders the applicant from building a functional garage without a variance. 2. The variance is substantial because it represents seventy-three (73) percent of the requirement. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance because the existing garage is located much closer to the property line than the proposed garage. 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. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 2019-515 A request for variances to permit construction of an accessory structure shed. The requests are: 1] a variance of four (4) feet from the required fifteen (15) foot rear yard setback resulting in a eleven (11) foot rear yard setback pursuant to Section 1205.06(d)(5)(E)(iii) “Property Development/Design Standards - Setbacks - Minimum Rear Yard Setbacks”; and 2] a variance of eight (8) feet from the required fifteen (15) foot side yard setback resulting in a seven (7) City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 foot side yard setback pursuant to Section 1205.06(d)(5)(D)(iv) “Property Development/Design Standards -Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Robert Kollar Jr., 5606 Sunset Drive, Hudson, OH 44236 and the property owners are Robert Kollar Jr. and Julie L. Kollar, 5606 Sunset Drive, Hudson, OH 44236 for the property at 5606 Sunset Drive, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2019-515 Staff Report 7-18-19 Memo to BZBA 8-15-19 Mr. Sugar introduced this application on a corner lot for a newly built shed which had no permits. On May 29, 2019 a stop work order was issued and the shed was found to violate the side and rear setbacks. Mr. Sugar noted this is a large lot with no wetlands or flood plains that would prohibit moving the shed to an appropriate place on the lot. Mr. Bob Kohler Jr., homeowner, stated the old shed was in poor condition because of water problems in the area and presented the need for the new shed. Mr. Kohler also described the building of the shed with 52-inch deep cemented posts and a height of fifteen and one-half feet tall, allowing room for storage. Mr. Kohler stated he was not aware of the setback rules or the need for a permit since it was replacing an existing shed. Mr. Sugar noted the shed was not approved by the AHBR nor was a permit issued by Summit County. Mr. Kohler stated he does not know how he would move the structure nor does he know what the cost of a move would be. Chair Drew opened the meeting for public comments. Mr. Cecil C. Wristen, 5601 Sunset Drive, stated he is opposed to requiring Mr. Kohler to move the structure and does not feel it adversely affects the neighborhood and in fact is an improvement over the previous structure. Mr. Wristen also recognizes the need for additional storage space in Mr. Kohler's house. Mrs. Sandra M. Wristen, 5601 Sunset Drive, noted the clay in the area which causes difficulty with growing grass and causes water problems. Mrs. Wristen stated the previous shed was in deplorable condition. Mr. Trenton Kohler, 5606 Sunset Drive, stated there were animals under the previous shed and it was obviously falling apart. While the new shed is in the swampy area the good foundation it will last. Seeing no one else wishing to make a public comment, Chair Drew closed the public comments. Board members expressed sympathy to the property owner and noted the shed is in a corner of the lot, but stated not getting permits and violating the setbacks were serious problems and there was no reason presented for the shed not to be placed in the correct position. Board members also expressed the need to look at the totality of the issue at hand and judge this case as if the structure were not built. Under those circumstances, would it then be allowed? Otherwise, if someone can get LDC variances approved because the work is already done, it will open the door for all people to ignore the code. The Board discussed the large effort to move the shed, the need for AHBR approval and the 4x4 cemented posts. Mr. Kohler stated that having the shed in the corner allows more room for the children to play. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 The Board stated that a continuance of this application to allow consultation by Mr. Kohler with Summit County and the AHBR would be a prudent course of action. In response to Mr. Kohler stating that he may not be able to attend the August BZBA meeting, Mr. Sugar noted that the violation order, if not met in August, could be a problem and that Mr. Kohler may send a representative to the August meeting. A motion was made by Mr. Minar, seconded by Mr. Wagner, that this Variance be withdrawn until the August 15, 2019 BZBA meeting. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2019-530 A request for a variance of six (6) feet from the required fifty (50) foot rear yard setback resulting in a forty-four (44) 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]. Attachments: BZBA 2019-530 Staff Report 7-18-19 Mr. Sugar introduced the application to increase the size of a new addition which was previously approved by the AHBR . The room addition was granted a variance by the BZBZ on January 17, 2019, for a four foot rear yard setback variance. The applicant is requesting an additional two feet, resulting in a six foot rear yard setback variance. Mr. Sugar also reviewed the staff notes. Ms. Rebecca Pantuso, Architect, discussed two reasons for the request: 1) After construction began on the project it was found because of using fill during the building of the house, the foundation for this project had to be dug down twelve-feet. If this additional two-foot variance is granted, it is hoped that the foundation will not have to be twelve-feet deep. 2) The additional space is because of the difficulty of decorating the room at the previously approved size. Following questions from the Board, Ms. Pantuso clarified the foundation issue is the driving factor in requesting the new variance. The Board and Ms. Pantuso discussed alternatives to the variance request and the associated costs. Chair Drew opened the meeting for public comment, there were no public comments. Chair Drew closed the public comments. The Board discussed the application noting that the two-foot additional variance is insignificant and that the foundational issue is stronger than the decorative. Mr. Sugar suggested requesting a letter from a PE stating the structural reason for the variance. Mr. Jahn made a motion, seconded by Mr. Minar that, based on the evidence presented to the Board by the applicant, Rebecca Pantuso, at a public hearing on Thursday, July 18, 2019, the Board of Zoning and Building Appeals hereby grant a variance of six (6) feet from the required fifty (50) foot rear yard setback resulting in a forty-four (44) foot rear City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 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 with the following condition: 1. A professional Engineer shall provide documentation verifying the testimony given by the applicant. The documentation shall verify the soil conditions as they relate to the proposed addition and include alternatives explored to address the issue with cost estimates. 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, complications that emerged through the construction process justify a variance. The applicant’s proposal to remedy these complications relating to the home’s foundation represent the best alternative. 2. The variance is insubstantial because it represents twelve (12) percent of the requirement. 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. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business Mr. Sugar noted there are presently five cases for the August meeting, one of which is an appeal for an AHBR decision for 90 Oviatt Street. VIII. Adjournment A motion was made by Mr. Jahn, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by an unanimous vote. Chair Drew adjourned the meeting at 9:37 p.m. ________________________________ Robert P. Drew, Chair City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final July 18, 2019 ________________________________ Louis 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, Minutes of Architectural and Historic Board of Review, Board of Zoning and Building Appeals, and Planning Commission. City of Hudson, Ohio Page 7