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, February 20, 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 7:30 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. Dohner, Mr. Drew, Mr. Jahn and Mr. Wagner Absent: 1 - Mr. Minar III. Identification, by Chair Drew of Mr. Greg Hannan, Community Development Director; Mrs. Kris McMaster, City Planner; Mr. Matthew Vazzana, City Solicitor IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 1-16-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: January 16, 2020 Attachments: BZBA Minutes January 16, 2020 - draft A motion was made by Mr. Wagner, seconded by Mr. Dohner that the January 16, 2020 Minutes be approved as submitted. The motion carried by an unanimous vote. VI. Public Hearings - New Business A. BZBA 2020-49 A request for an enlargement of a nonconforming use consisting of the expansion of the additional storage area of fireworks pursuant to the standards set forth in Section 1206.05(e)(1) of the City of Hudson City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final February 20, 2020 Land Development Code. The applicant is Roberto Sorgi, 7041 Darrow Road, Hudson, OH 44236 the property owner 7041 Darrow Road LTD, 7041 Darrow Road, Hudson, Ohio 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2020-49 File 1 of 2 BZBA 2020-49 File 2 of 2 Chair Drew noted this application is a request for an expansion of a non-conforming use resulting from zoning which has been in place since the 1950s. Mr. Hannan introduced the application for the addition of 10 fireworks storage containers placed in groups of two, in five additional locations to the north and east of the existing improvements. Mr. Hannan noted the applicant requested and previously received approval from the BZBA for an expansion of 24.6% of the non-conforming use on the subject parcel in 2014 (LDC maximum permitted expansion of a nonconforming use is 25%). The use area in 2014 was defined (and expansion calculated from) as the outside perimeter of the existing fence enclosure, as demonstrated by the applicant’s site plan which was submitted by applicant. In 2014, approval was granted by the BZBA based on that determination. The current application seeks an additional expansion of the nonconforming use area based on a revised method of calculating the base use area measurement of the nonconforming use that is based on and defined by, the outside perimeter of setbacks as established by the Bureau of Alcohol, Tobacco and Firearms (ATF). Mr. Vazzana discussed applicable standards of the Land development Code in Section 1206.05(e)(1). Mr. Drew swore in all who would speak during the meeting. Mr. Sorgi introduced the application with a brief history of American Fireworks and discussed the 2014 BZBA decision. Mr. Sorgi stated in 2015, American Fireworks added two additional magazine sites to the western portion of the property and a 15,000 sq. warehouse. Mr. Sorgi noted American Fireworks is requesting the addition of five additional magazine sites. He also stated he understands this is an emotional issue and wishes to reassure the Board and community that American Fireworks would never knowingly put the public in harm’s way. Mr. Sorgi represented that his request, if approved, would be reviewed according to the regulations of local, state and federal agencies who perform annual inspections of his fireworks-related facilities. Mr. Sorgi thereafter reviewed the language of the second paragraph of the 2014 BZBA decision. Mr. Sorgi noted the fence measuring method, used during the 2014 meeting, was directed by City officials. He stated that fence was not used in any BZBA determination during the 2014 meetings. Mr. Sorgi distributed an email from Mr. Mark Richardson. Mr. Sorgi stated that however the Board determines land area, American Fireworks can locate the desired magazines on-site. If fence area is used, it will require an additional 3000 linear feet of fencing to be installed. Mr. Sorgi further referenced surrounding impact, landscaping, painting of containers, and the gas well. Mr. Hannan discussed: 1. Page two of the staff report which details the past permitted enlargements and development activity relative to the non-conforming use on the subject parcel. 2. The February 20, 2014 BZBA hearing, where the applicant’s attorney requested that the fenced in boundary of the storage containers (as they existed prior to becoming nonconforming structures) be used as the base land use area from which the expansion percentage be calculated, not just the sum of the area of each of the existing structures. 3. Mr. Sorgi’s statement to the BZBA during his first hearing for an expansion of his nonconforming use in 2014 where Mr. Sorgi stated that it would be the last time the fence (and the nonconforming use) would be expanded on the subject parcel. 4. Mr. Hannan’s clear understanding from reviewing the record of the proceedings in 2014 was that BZBA authorized the expansion based on the area within the fenced in boundary of the storage containers (as they existed prior to becoming nonconforming structures). 5. Per the LDC regulations, the applicant must demonstrate compliance with all state and federal regulations. 6. Staff concerns regarding the inconsistency relative to Mr. Sorgi’s currently proposed method of measuring and City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final February 20, 2020 identifying the original nonconforming use area (and the desired expansion therefrom) in light of both Mr. Sorgi’s representations at the hearing in 2014 and the findings by the BZBA in 2014. 7. Staff concerns regarding the proposed method of measuring the use area due to the use of land area that is not owned by the applicant and land area that was not included by the applicant as part of his 2014 request - namely, the turnpike owned property and the frontage along Darrow Road, respectively. Mr. Sorgi noted that ATF requires a 50-foot setback from volatile materials and stated the gas well is 80-feet away from the proposed magazine. Mr. Sorgi also stated an earthen mound would be placed between the magazine and tank battery. The Board and Mr. Sorgi discussed: 1. The two tables on page 4 of the Staff Report regarding the use area. 2. The trees that were not installed as part of the Applicant’s warehouse building application. 3. Mr. Sorgi’s statement during the 2014 BZBA hearing that, if the BZBA approved his nonconforming use expansion request in 2014, then no more magazines would be built (and the nonconforming use would not be further expanded in the future). 4. The need for stormwater management as part of a development project. 5. The weight limitations for magazines and feasibility of underground storage. Chair Drew opened the meeting for Public Comment. Ms. Ashley Hoschar, 2008 E. Highgate Court, noted her concern for the safety of homes, family and property. Ms. Horchar also read a letter from Mr. Steve Olson, 2038 E. Highgate Court. Mr. Craig Resnick, 1976 W. Highgate, reviewed the purpose of City of Hudson BZBA within the Land Development Code. He stated his belief that home values were eroding because of American Fireworks. Mr. Resnick also stated that conditions from the 2014 BZBA decision have not been met, trees have been cut down without approval, and the setback requirements are insufficient to protect their property. Mr. Ralph Zuponcic, 2028 E. Highgate Court noted that American Fireworks is a 100-year old family business and great success story that has grown too large for its present location. Mr. Zuponcic described his property location and the distance from the explosives stating this is not far enough for his family’s safety. Mr. Jason Betz, 2023 Highgate Court, discussed the ATF distances regarding storage and neighboring properties and the dangers presented. Mr. Brian See, 1983 W. Highgate Court, read a letter from Mr. John and Mrs. Sara Stride with their safety concerns and belief that common sense has not been used in locating the magazines near the gas well and close to neighboring property lines. Mr. See requested the BZBA enforce the conditions of 2014 and requested the record would reflect that AF will not be enlarged. Mr. Bruce Neff, 2105 Jonathan Court, noted AF has been a good neighbor and will probably continue to grow; however, stated that the magazine is too close to the gas well and requested somewhere else be found. Ms. Tina Griesse, 2068 E. Highgate Court, reviewed the 2014 Decision and noted American Fireworks did not meet the conditions. Ms. Griesse also questioned if the neighbors were mailed information regarding how the applicant would meet the 2014 conditions, the status of fire hydrants on the property and asked if preparations have been made for accidents. Ms. Patricia Zuponcic, 2028 E. Highgate Court, expressed her confidence that BZBA would not approve the application since Mr. Sorgi stated in 2014 that no more expansion could take place. Ms. Zuponcic also noted the danger levels are not known since we do not know what is in the magazines, American Fireworks property is not served by fire hydrants and the 2014 decision has negatively affected the neighborhood. Ms. Zuponcic requested that BZBA deny this request. Mr. Matt Fritz, 1969 Highgate Court read a letter of concern over the expansion plans noting he is opposed to increasing City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final February 20, 2020 quantity of explosives, tree removal has increased the chance of flooding, tree clearing has diminished aesthetics, and noting his opposition to further expansion at American Fireworks. Seeing no one else wishing to speak, Chair Drew closed the public comments. Board discussing the following: 1. Determining how much area was being used in 1999 and how to measure that area. 2. Homeowner’s reliance on the applicant’s statement from 2014 that the previously approved expansion would be the last. 3. Review of the property maps submitted by the applicant dated 1999, 2014 and 2020. 4. The future growth of American Fireworks may cause the need for additional storage magazines in the future. 5. Those giving public comment did not provide direct evidence of property value loss or danger. Chair Drew explained that because the full Board is not present, Mr. Sorgi may request a continuance until the next meeting. Mr. Sorgi requested a continuance until the March 19 meeting. A motion was made by Mr. Wagner, seconded by Mr. Jahn, that this request for a Nonconforming Use or be continued. The motion carried by the following vote: Aye: 3 - Mr. Drew, Mr. Jahn and Mr. Wagner Nay: 1 - Mr. Dohner VII. Other Business VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Jahn, that this meeting be adjourned. The motion carried by an unanimous vote. Seeing no further business, Chair Drew adjourned the meeting at 10:38 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 4