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 Monday, February 24, 2020 7:30 PM Town Hall 27 East Main Street Special Meeting I. Call to Order Acting Chair Dohner 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. Jahn, Mr. Minar and Mr. Wagner Absent: 1 - Mr. Drew III. Identification, by Chairman, of Nick Sugar, Senior Planner. 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 Dohner swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes Because of this being a special meeting, there were no minutes to approve. VI. Public Hearings - Old Business There was no old business. A. 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. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final February 24, 2020 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 Mr. Sugar introduced this application, which was continued from the March 2020 BZBA meeting, by reviewing the alternatives to the placement of the accessary structure. Mr. Sugar noted the applicant submitted additional photos which were included in the updated packet. Mr. Jeffrey Conn, Suncrest Gardens, reviewed the reason for the accessary structure in its current location as opposed to other locations on the property. Key among the reasons is the large size of the equipment, if placed in the basement, would consume much of the basement and there are no floor drains in the basement. It was not placed behind the barn because: 1) The flow of water across the property in that location. 2) The need to run natural gas to heat the pool, electricity and drainage lines, all of which will encounter many obstacles including hardscape, if the accessary structure must be behind the barn. Mr. Conn showed the property and existing structures and explained his desire to make the accessary structure fit in with the other buildings on the property. He also noted from the street the accessary structure disappears from view. The Board questioned if the accessary structure would have worked if placed closer to the barn? Mr. Conn explained the exterior screened room prohibited one location and the bedroom was an obstacle to another. He also noted the beauty of the barn as it exists. Acting Chair Dohner opened the meeting for public comments. There were no public comments. The Board discussed the topography and obstacles other placements would encounter, the 245-feet distance between the road and the accessary structure and the rural nature of the property, all of which give sufficient reason to grant the variance. A motion was made by Mr. Jahn, seconded by Mr. Minar, that this Variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Public Hearings - New Business A. BZBA 2019-1284A request for variances to permit construction of a single-family home. The requests are: 1] a variance of four (4) feet from the required front yard setback of twenty (20) feet resulting in a sixteen (16) foot front yard setback pursuant to Section 1207.06(e)(2)(C)(1), “Lot Dimensions - Setbacks”; and 2] a variance of one (1) foot from the required rear yard setback of twenty-five (25) feet resulting in a twenty-four (24) foot rear yard setback pursuant to Section 1207.06(e)(2)(C)(3) of the City of Hudson Land Development Code. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final February 24, 2020 The applicant is Robert Gerhardstein, 5756 Londonairy Blvd, Hudson, OH 44236 and the owners are Robert and Carol Gerhardstein, 5756 Londonairy Blvd, Hudson, OH 44236 for 2467 Westwood Circle, Hudson, OH 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: Staff Report 2019-1284 Mr. Sugar introduced the application and displayed the lot in question which was platted as open space conservation. Mr. Sugar also discussed the: 1) The interaction between the architectural issues and the LDC including front facing garages and a house being parallel to the street. 2) Front, side and rear yard setbacks. 3) Well setbacks. Mr. Robert Gerhardstein, applicant, explained he has explored varies styles and sizes of homes and has reduced the size of the home from 2800 square feet to its current 2300 square feet. He has also oriented the house other ways on the lot, however he has not found a way to avoid problems with the LDC. The Board and Mr. Gerhardstein discussed: 1) Moving the home one-foot forward which would negate one of the variance requests, however Mr. Gerhardstein stated this would eliminate part of the front yard. 2) The size of neighboring lots. 3) The neighboring setbacks. 4) The orientation of lots on Westwood Dr. Chair Dohner opened the meeting for public comments. There were no public comments. A motion was made by Mr. Jahn, seconded by Mr. Wagner, that this Variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 20-43 A request for a variance to install an additional nonresidential wall sign for the Prestige Ballroom Dance Studio, for a total of two (2) wall signs, where the Land Development Code permits one (1) wall sign per ground floor occupant frontage pursuant to Section 1207.17(d)(1)(B), “Signs in Nonresidential Districts - Maximum number and area of permanent signs attached to buildings” of the City of Hudson Land Development Code. The applicant is Karen Becker, for Becker Signs, 6381 Chittenden Road E9, Hudson, OH 44236 and the owner is Modern MMC Properties LLC, 5 Atterbury Blvd, Hudson, OH 44236 5 Atterbury Blvd, Hudson, OH 44236 in District 5 [Village Core District]. Attachments: Staff Report 2020-43 Mr. Sugar introduced the application and displayed photos of the building noting a permit was granted for a 20 square foot sign in January 2020, the applicant is now requesting an additional building sign for this single frontage. Mr. Sugar also noted that a second entrance would allow a secondary sign up to 60% of the primary sign size. Staff is concerned permitting the requested sign would set a precedent of allowing a second sign. Mr. Brian Becker, Becker Signs, noted the name of the business and the architecture of the building combining to make it difficult to place the entire company name on one sign. Mr. Becker also noted businesses in the area that have multiple signs. The Board and Mr. Becker discussed the full name of the business, Prestige Ballroom Dance Studio, and the owners desire to have a full and accurate name on the building, which accurately describes the business. Mr. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final February 24, 2020 Becker also stated that a projecting sign will not be seen because of the railroad tracks and having to look across three or four lanes of traffic. Adjacent signs were discussed and Mr. Sugar explained that a sign like Chipotle’s would not be permitted because it would conflict with the approved sign plan for this building. Mr. Jerry Satava, owner, noted confusion with the sign misleading people with regards to the type of business . Mr. Satava believes making the letters smaller with more words would result in not seeing the lower words because the awning blocks that part of the sign and the landlord will not allow the sign area to be enlarged. Various alternatives to the words on the sign, the size of some of the words and creative alternatives to the applicants request were explored, none of which fit the needs of Mr. Satava or did not meet the Land Development Code or the sign plan. A motion was made by Mr. Minar, seconded by Mr. Wagner, that this Variance be denied. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Minar and Mr. Wagner VIII. Other Business Mr. Sugar noted there are cases scheduled for the March meeting. This matter was discussed IX. Adjournment A motion was made by Mr. Jahn, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by an unanimous vote. Seeing no further business, Chair Dohner adjourned the meeting at 9:17 p.m.. ________________________________ John M. Dohner, Vice Chair ________________________________ Fredrick Jahn, Board Member ________________________________ 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