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, Senior Planner Thursday, January 16, 2020 7:30 PM Town Hall 27 East Main Street I. Call to Order Chairman 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. Election of Officers Mr. Jahn made a motion to nominate Mr. Dohner for Vice-Chair, Mr. Wagner seconded the motion. The motion was approved unanimously. Mr. Minar made a motion to nominate Mr. Drew as Chair, Mr. Dohner seconded the motion. The motion was approved unanimously. III. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner IV. Identification, by Chairman, of Kris McMaster, City Planner V. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in staff and all the persons wishing to speak under oath. VI. Approval of Minutes A. BZBA Minutes of Previous Board of Zoning & Building Appeals Meeting: 12-19-2019 December 19, 2019. Attachments: BZBA Meeting Minutes 12-19-19 Mr. Minar made a motion to approve the December 19, 2019 minutes as submitted. Mr. Dohner seconded the motion. The motion was approved unanimously with Mr. Wagner abstaining. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final January 16, 2020 VII. Public Hearings - New Business A. BZBA 2019-1287A request for a variance from the requirement to utilize public water in order to have a water well on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The applicant is Darrell Hershey for Payne & Payne Builders, Inc., 10750 Mayfield Road, Chardon, OH 44024. The property owners are Michael and Diane Burrows, 4787 Hattrick Road, Ravenna, OH 44266 for the property at 7728 Huntington Road in District 1 [Suburban Residential Neighborhood]. Attachments: Staff Report 2019-1287 Mrs. McMaster introduced the application for a variance to the requirement for public water for a proposed house on the property that was purchased in 2018. A water line would need to be run 1600-feet to reach this property at a cost of approximately $320,000. Mrs. McMaster also noted most of the homes in the surrounding neighborhood have water wells. Mr. Darrell Hershey, Payne and Payne Builders, Inc., was present for the meeting and stated his clients have a purchase agreement with the owners of the property contingent on the approval of this variance. Mr. Hershey noted the estimate for a water line as stated by Mrs. McMaster was provided by Akron Water. The Board, Mrs. McMaster and Mr. Hershey discussed: 1) If public water is available at Hope Community Church on Middleton Road; 2) The $680,000 cost of the home; 3) That it is unknown if Akron Water plans to run water lines in this area; 4) The history of the ordinance requiring public water; 5) How and where an administrative variance may be given to the requirement of public water; and 6) The sale of the property being contingent on the passage of the variance. Mr. Jahn made a motion, seconded by Mr. Wagner that based on the evidence presented to the Board by the applicant, Mr. Derrell Hershey, a variance from the requirement to utilize public water in order to have a water well on the property to construct a new house 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 with the following condition: 1. If public water service becomes available to this property, the homeowner 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 and cost to bring public water to this site. 2. The variance is insubstantial because the lot must be served by water in order to become a buildable lot. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final January 16, 2020 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's predicament feasibly cannot be resolved through some method other than the requested variance. 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 carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 2019-1225A variance to allow an accessory structure shed to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operational Standards of the City of Hudson Land Development Code. The applicant is Jeffery Conn for Suncrest Gardens, 5157 Akron-Cleveland Road, Peninsula, OH 44264 and the property owner is Tracy Buchanan Pinkerton, 7340 Valley View Road, Hudson, OH 44236 for the property at 7340 Valley View Road, Hudson, OH 44236 in District 2 [Rural Residential Conservation]. Attachments: Plans for approved zoning certificate Staff Report 2019-1225 Applicant Response for February 24 Meeting Mrs. McMaster introduced the application for a variance for a shed that was constructed without a permit on 5.67 acres of land. The shed is 30-feet from the main mass and not in the rear yard of the property as required by the LDC. The applicant is requesting permission to allow the shed to remain where it is. Mr. Ric Harvey, President of Suncrest Gardens, was present for the meeting. Mr. Harvey stated the approved original plan was for the pool equipment to be in the basement of the house. At some point it was deemed necessary for the equipment to be outside and not located in the basement and a decision was made to build the shed as a protected place for the pool equipment, which was an error on the part of Suncrest Gardens. The Board acknowledged this is a beautiful shed which cannot be seen from the road and questioned the reason for its current placement and the difficulty of moving the shed to a location that did not require a variance. Mr. Harvey stated that a landscape architect determined this location was most appropriate. Mr. Harvey also noted he was unaware of the cost or functional problems of moving the shed the approximate 65-feet behind the barn. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final January 16, 2020 The Board and Mr. Harvey discussed possible solutions including, the use of the barn or attaching the structure for the pool equipment. Mr. Harvey stated he is unaware of what other locations or solutions were considered for the pool equipment. Chair Drew opened the meeting for public comments. Ms. Amanda Davies, Zoning Inspector for the City of Hudson stated that in a discussion on January 17, 2020 with the architect Mr. Jeffrey Kahn, he stated it is not feasible to move because it is already built in this place. Board members discussed the merits of the application and noted convincing reasons have not been articulated for granting the variance. The Board and Mr. Harvey discussed the ramifications of a vote being taken at this meeting and the Board’s desire for explanations from the pool contractor and the homeowners regarding the hardships of placing the pool equipment in a location that will not require a variance. The Board also requests the financial costs of moving the pool equipment to an acceptable location on the property. Mr. Harvey requested a delay in the vote in order to allow professional designers to testify to the merits of the variance. Mr. Wagner made a motion to continue the application to the February meeting, Mr. Dohner seconded the motion. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VIII. Other Business Mrs. McMaster stated there are presently three application for the February meeting. The Board and Ms. Amanda Davies discussed her position and responsibilities. A. BZBA 4627 Staff overview of sign variance criteria - Planning & Zoning Code Update. Attachments: Memo to BZBA - Sign Variance Standards Mrs. McMaster gave an overview of the proposed sign ordinance. The Board discussed the relationship between the LDC and the Duncan Factors and the possibility of including the Duncan Factors when sign applications come to BZBA. IX. Adjournment Mr. Wagner made a motion to adjourned, seconded by Mr. Minar. The motion was approved unanimously. Seeing no further business, Chair Drew adjourned the meeting at 9:07 p.m. ________________________________ Robert P. Drew, Chair City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final January 16, 2020 ________________________________ 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