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, September 19, 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. 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 8-15-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: August 15, 2019 Attachments: BZBA Minutes August 15, 2019 - draft A motion was made by Mr. Jahn, seconded by Mr. Minar, that the August 14, 2019, Minutes be approved as submitted. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Abstain: 1 - Mr. Dohner VI. Public Hearings - Old Business A. 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 City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 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) 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: Memo to BZBA 9-19-19 BZBA 2019-515 Staff Report 7-18-19 Chair Drew noted this application is continued from August 15, 2019 when a two-to-two vote resulted in an automatically continuation. Mr. Sugar introduced the application for a 16-foot by 16-foot shed that was built without a permit and violated the side and rear setbacks. The July 18, 2019 BZBA meeting was continued for a Summit County review and AHBR informal review. At this time the applicant has received a plan approval from Summit county, subject to final inspection and an AHBR informal review. Mr. Robert Kollar, 5606 Sunset Drive, explained that he intended to repair the original shed but because of the sheds poor condition he replaced the shed without being aware of the setback requirements. Mr. Kollar noted that his neighbors and others are pleased with the way the shed looks and gave the Board a letter in support of the variance. Mr. Kollar displayed pictures of the shed and yard if the shed is moved outside the setbacks, which he believes takes up the entire back corner of the yard making the property less useful and potentially more difficult to sell. The Board observed that not every lot is capable of every use that a homeowner wishes and is concerned about the precedence this case might set if a homeowner disregards the permitting process and then, because of the cost, is given a variance. The Board also noted that if, prior to building, a variance would have been requested, alternatives may have been suggested. Mr. Kollar stated his willingness to comply with AHBR comments. Chair Drew opened the meeting for public comment. Ms. Cheryl Zadow, 5602 Sunset Drive, commented that if the shed were moved, regardless of size, it will look worse than in its current location. Seeing no one else wishing to speak, Chair Drew closed the meeting for public comment. Based on the evidence presented to the Board, Mr. Minar made a motion, seconded by Mr. Wagner to deny variances for the construction of an accessory structure. The requests are: 1] a variance of four (4) feet from the required fifteen (15) City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 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) 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. 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 denies the variances 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. 2. The variance is substantial in its incursion into the side yard setback, though not as substantial in its incursion into the rear yard setback. 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. 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 can be resolved through some method other than the requested variances. 7. The spirit and intent behind the zoning requirement would not be observed and substantial justice would not be done by granting the variances. The Board should not dismiss the setback requirements without sufficient cause, as they set a community wide standard. The motion carried by the following vote: Aye: 3 - Mr. Dohner, Mr. Minar and Mr. Wagner Nay: 2 - Mr. Drew and Mr. Jahn VII. Public Hearings - New Business A. BZBA 2019-652 A request for variances to permit construction of a nine hundred and sixty (960) square foot commercial addition. The requests are: 1] a variance of thirteen (13) feet from the required twenty-five (25) foot side yard setback resulting in a twelve (12) foot side yard setback pursuant to Section 1205.09(e)(3)(C) “Property Development/Site Plan Standards - Minimum Side and Rear Yard Setbacks”; and 2] a variance of twenty-one (21) feet from the required fifty (50) foot rear yard setback from an adjacent residential use resulting in a twenty-nine (29) foot rear yard setback pursuant to Section 1205.09(e)(3)(D)(iii) “Property Development/Site Plan Standards -Setbacks from Adjacent Residential Uses” of the City of Hudson City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 Land Development Code. The applicant is Donald Highlander for Connecting Spaces LLC, 56 Milford Drive Suite 2, Hudson OH 44236 and the property owner is Francina Yanak Trustee, C/O Janco Services, Hudson, OH 44236 for the property at 824 W Streetsboro Street, Hudson, OH 44236 in District 6 [Western Hudson Gateway]. Attachments: Packet For BZBA 9-13-19 Chair Drew introduced two variance requests which were previously approved and subsequently expired because substantial work was not begun within one year of the variance approval. Chair Drew requested Mr. Vazzana to clarify any legal issues when an applicant is requesting a new variance, which is substantially the same as an expired variance. Mr. Vazzana replied, since it is a new variance, the applicant must follow today's LDC. If the Board should reject the application, the Board must point to new evidence or something that has substantially changed with the property or variance request as the reason for the denial. The denial should not be determined by who sits on the Board. Mr. Sugar, introduced the application and reviewed the staff comments for the requested 956 square foot addition, including the setback requrements, the conditions of the previously granted variances and reviewed LDC requiremets for this West Streetsboro Street property. Mr. Don Highlander, Connecting Spaces, LLC, stated he is authorized to speak on behalf of the owner. Mr. Highlander explained the constraints on the property and that the addition will be used for storage, it will not be an occupied space. He also noted he explored different locations on the site, none of which met the needs or were allowable. Mr. Highlander stated the purpose of the addition is to consolidate off site storage and match the architecture of the current building. Mr. Sugar said he is unaware of any LDC changes that affect the proposed addition and two of the lots on the southern end of Martin Drive were rezoned. The Board and Mr. Highland agreed on screening the western side of the property and preserving the trees on the lot. The Board also noted the property was purchased prior to the present LDC. Chair Drew opened the meeting for public comment. There were no public comments. The Board discussed seeing no changes in either the building design or the LDC that affect this application and noted the lot presents difficulty in any building project. Mr. Jahn made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board at a public hearing on Thursday, September 19, 2019, that the Board of Zoning and Building Appeals grant variances to permit construction of a nine hundred and sixty (960) square foot commercial addition. The requests are: 1] a variance of thirteen (13) feet from the required twenty-five (25) foot side yard setback resulting in a twelve (12) foot side yard setback pursuant to Section 1205.09(e)(3)(C) “Property Development/Site Plan Standards - Minimum Side and Rear Yard Setbacks”; and 2] a variance of twenty-one (21) feet from the required fifty (50) foot rear yard setback from an adjacent residential use resulting in a twenty-nine (29) foot rear yard setback pursuant to Section 1205.09(e)(3)(D)(iii) “Property Development/Site Plan Standards -Setbacks from Adjacent Residential 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 grants the variances with the following conditions: City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 1. The building addition shall be adequately buffered/screened along the southern and western property boundaries. The applicant shall submit a revised proposal with a final determination to be made by City staff. 2. The structure, including the existing building, shall not be used for residential purposes. 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 requested variances will allow the business to continue to operate and grow in its present location. 2. The variances are numerically insubstantial because they are under fifty (50) 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 variances are granted because the proposed addition is not substantial in relation to the existing building. 4. The variances 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 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 because the property has a number of constraints, including a septic system, small lot size and restrictive setbacks; all limiting the applicant’s ability to expand the footprint of the building. This matter was approved with conditions B. BZBA 2019-889 Review of previously approved, expired variances pertaining to new home construction for parcel #3202168 include the following: 1] a variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero setback pursuant to Section 1207.03(e) (2), “Wetland/Stream Corridor Protection - Wetland Setbacks”; 2] a variance of twenty (20) feet from the required stream corridor setback of seventy-five (75) feet resulting in fifty-five (55) foot setback for construction of a driveway pursuant to Section 1207.03(e)(1)(ii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; 3] a variance from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, wetlands and their setbacks pursuant to Section 1207.03(c), “Prohibited Activities” of the City of Hudson Land Development Code. The applicants are Tracy L. and Thomas A. Corpus, 7310 Valley View Road, Hudson, OH 44236 and the owners are Tracy L. and Thomas A. Corpus, 7310 City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 Valley View Road, Hudson, OH 44236 for Parcel #3202168 located east of 265 Ravenna Street, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: Memo to BZBA 2019 Application Staff Report 8-16-2018 BZBA Minutes 8-16-2018 Signed Decision 8-16-2018 Letter fron Army Corp of Engineers 12-14-2018 Fire Department Approval 8-16-2018 Mr. Sugar introduced the application by reviewing the property, the constraints of the property including wetlands, setbacks to the wetlands, the non-disturbance areas in the wetlands, the stream in the corner of the property and the setbacks to the stream. Mr. Sugar also noted the 12-foot driveway as required by fire department and the water and sanitary service lines through the wetlands. Mr. Sugar informed the board: 1) The reason this previously approved application is before the board again is that insufficient work was done on the project in the previous year. 2) The applicant has received approval from Army Corp of Engineers to fill in part of the wetlands. 3) There have been no changes to the LDC that affect this application. Ms. Tracy Corpus and Mr. Tom Corpus, homeowners, Mr. Emmitt Messer-Kruse, CT Consultants, were present for the meeting. Ms. Corpus noted following approval of the application on August 16, 2018, they waited 30 days to make sure no appeals were filed, then encountered a delay waiting for the final Army Corps approval. Following this, work began on the project but was again delayed by directional boring for electrical services, driveway permits and then Mr. Corpus' mother's health problem. Ms. Corpus also stated they believed the permit was good for two years instead of the actual one-year and requested the Board uphold previous variance. The Board, Mr. Sugar, Mr. Corpus and Mr. Messer-Kruse discussed: 1) The engineering review in the staff report. 2) The non-disturbance determination in the Army Corps of Engineers report. 3) The direction of water flow, which is west. 4) The location of the proposed house which is on an elevated portion of the property. The Board noted that not all lots are buildable and because of the wetlands, which the residents were aware of at the time of purchase, this is a difficult case. Chair Drew opened the meeting for public comments. Mr. Don Toth, 305 Ravenna Street, discussed the flooding and resulting storm water management program and stated he believes if the variance is granted, it will be a step backwards in controlling runoff and water issues. Mr. Sugar noted an email from Mr. Bob Price. Ms. Ann Ortega, 255 Ravenna Street, asked the Board what the impact on her property will be if the variance is granted? Ms. Ortega also noted there are presently water problems on the property. Ms. Ilana Goch, 108 Fox Trace Lane, read a letter from her grandfather, Mr. Bob Price, 108 Fox Trace Lane. The letter was also sent to Board members and staff. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 Mr. Rob Kagler, 65 Manor Drive, requested that the evidence from the previous meeting be taken into consideration at this meeting. Mr. Kagler, who is a professional planner with 25 years of experience stated he is familiar with situations like this and noted a new owner and applicant is before the Board. He also noted the fire department will require the driveway to have additional cleared space, stronger culverts and possibly a ditch for water flow. Mr. Kagler also stated the possibility of additional wetlands permits and more reviews at the end of the process and suggested the driveway be placed on the other side of the property. In response to public questions, Mr. Sugar stated: 1) The city engineering department looked at the flow map and does not want to impede the flow of water, which is the reason for the culverts as designed. 2) The driveway width, as designed, is not ideal but is approved with the possibility of a swale and the main concern with the width is getting the fire truck doors open. 3) Trees will be a consideration when the property is surveyed. 4) Regarding moving the driveway to the other side of the property, the wetlands non-disturbance area would make this difficult. Ms. Corpus in response to water issues on Fox Trace and Manor Drive noted these areas are higher than the proposed property and if the variance is granted, hopefully the drainage will improve for all properties. Ms. Corpus also noted that they have employed experts in water flow who are recommending the proposed design. Mr. Messer-Kruse noted the Indiana Bat protection is only for the clearing of trees over three feet in diameter, the water issues have been reviewed by the Army Corps and the culverts are best management practices. Mr. Toth commended the city for great strides in water issues after the 2003 flooding and stated he does not want variances to be given to places where the City established regulations. Mr. Michael Skiber, 108 Fox Trace, stated his concern with the surrounding elevations changes on the property and questioned how the elevation changes around the house will affect the water storage on the property Mr. Kagler returned to speak and noted: 1) The culverts were not designed by the City Engineer. 2) He is not recommending the driveway be moved into the wetlands - he is suggesting it be shifted within the area of disturbance to the west with the sewer under the driveway. 3) Noted the ditch that comes out of Manor Drive had five-feet of flooding - caused by the stream that was inundated on the proposed property. Mr. Sugar stated moving driveway could be studied. Mr. Corpus, in response to Mr. Skieber noted the location of house is a dry, flat area of the property. The Board noted the property owners’ rights must be recognized as well as the neighbors and the wetlands. The Board also observed that the area between West Streetsboro Street and Boston Mills Drive had significant wetlands and yet 200 lots were approved. The Board then described other examples of building near wetlands. In this case the Army Corps of Engineers has determined the variance will cause minimal impact. The Board also expressed concern regarding not granting this variance after the 2018 approval because of: The purchase of the land, the cost of an architect and other expenses incurred by the applicants with few material changes in the situation or LDC since that decision. Mr. Dohner made a motion, seconded by Mr. Jahn that based on the evidence presented to the Board by the applicants and property owners, Tracy L. and Thomas A. Corpus on Thursday, September 19, 2019, the Board of Zoning and Building Appeals hereby grant a request for the following variances: 1] a variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero setback pursuant to Section 1207.03(e) (2), “Wetland/Stream Corridor Protection - Wetland Setbacks”; 2] a variance of twenty (20) feet from the required stream corridor setback of seventy-five (75) feet resulting in fifty-five (55) foot setback for construction of a driveway pursuant to Section 1207.03(e)(1)(ii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; 3] a variance from the prohibited activity of disturbance, including clearing of City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 vegetation within stream corridors, wetlands and their setbacks pursuant to Section 1207.03(c), “Prohibited Activities” 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 variances requested with the following conditions: 1. As part of any site improvements on the property subject to this variance, the applicant shall also install sufficient storm water management measures to mitigate any effects on the immediate area’s storm water system that are caused by the applicant’s site improvements and such storm water management measures shall be installed to the satisfaction of the City Engineering Department. 2. The applicant shall study, with City staff, methods to increase the setback of the proposed driveway, including any associated swales, from the property to the east to help minimize potential impacts on adjacent properties. 3. The applicant shall study, with City staff, methods to preserve large growing trees on the property adjacent to the proposed driveway to help minimize potential impacts on adjacent properties. 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 variances because this is a property in a residential neighborhood and cannot be developed as such without the requested variances. 2. The variances are substantial, however; are justified based on the site conditions and steps the applicant has taken to address any potential impacts, including agreeing to conditions pertaining to stormwater management, tree preservation and limits of disturbance; all of which help mitigate potential impacts to the surrounding area. 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 because the applicant will be required to properly drain the proposed house and associated gravel driveway. 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 with knowledge the Board approved a previous, identical request, though having since expired. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variances. The proposal creates minimal impact to the adjacent wetland given the need to provide access to the proposed home. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. This matter was approved Aye: 4 - Mr. Dohner, Mr. Drew, Mr. Jahn and Mr. Wagner Nay: 1 - Mr. Minar VIII. Other Business Mr. Sugar notified the Board there are no applications for October. City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final September 19, 2019 IX. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Jahn, that the meeting be adjourned. The motion carried by an unanimous vote. Seeing no further business, Chair Drew adjourned the meeting at 10:20 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 9