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, April 23, 2020 7:30 PM Via Video-Conference & Live-Stream *Special Meeting* 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. Chairman Drew also explained the purpose of the video format of this meeting. II. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner III. Identification, by Chairman, of Nick Sugar, Senior Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew placed Mr. Sugar under oath and explained all others speaking throughout the meeting will be sworn in as they come on screen and were required to sign the electronic waiver prior to the meeting. V. Approval of Minutes A. BZBA 2-24-2020Minutes of Previous Board of Zoning & Building Appeals Special Meeting: February 24, 2020 Attachments: BZBA Special Minutes February 24, 2020 - draft Mr. Dohner made a motion, seconded by Mr. Wagner, to approve the February 24, 2020 minutes with one edit. The motion was approved by the following vote: Aye: 4 - Mr. Dohner, Mr. Jahn, Mr. Minar and Mr. Wagner Abstain: 1 - Mr. Drew VI. Public Hearings - New Business A. BZBA 4802 This meeting is available to view via public live-stream on Hudson City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 23, 2020 Community Television and the City’s website (www.hudson.oh.us), and an archived video will be made available afterwards for the record. Public comments can be e-mailed to BZBA@hudson.oh.us by 4:30 p.m. the day of the meeting. Please include your name and address in addition to the applicable case number. Any submitted e-mails will be read at the meeting and added to the record. This matter was discussed B. BZBA 2020-119 A request for variances from the requirement to utilize public sewer in order to split an existing parcel into two (2) parcels, constructing a new home on the newly created parcel and to demo the existing home and construct a new home on the remaining parcel; both parcels served by private septic systems pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The applicant is John Becker for Schumacher Homes, 6911 Post Lane, Hudson, OH, 44236. The property owner is 2715 Wise Avenue LTD, 1415 Middleton Road, Hudson, OH 44236 for the property at 1415 Middleton Road in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2020-119 Mr. Sugar introduced the application by showing the location of the property which was purchased in February 2020. Mr. Sugar also explained the existing home, which will be demolished, used a septic system and water well. He then showed a sewer map with three sewer lines, their locations, the distance from the applicants property and the obstacles presented by two of the sewer lines, prohibiting them from being viable options. Mr. Sugar then showed the potential sewer line extension on Haymarket Way which is approximately 1200-feet from the proposed houses with a cost of approximately $160,000 compared to the septic system cost of approximately $25,000 for each of the two proposed homes. Mr. Sugar noted the Board approved a variance for an adjacent home at 1414 Middleton Road in 2011 for a septic system. Also, this lot split will yield two properties, each over two-acres. Mr. John Becker was present for the meeting and placed under oath by Chair Drew. Mr. Becker explained that septic systems and wells are common in this area (although he will be using public water). The reasons for the variance request is the 1200-foot distance for public sewer and the disruption required on Haymarket Way. Mr. Becker also noted the variance given for 1414 Middleton and explained the $25,000 cost for the septic systems. The Board and Mr. Becker discussed other properties that may be required to connect to a public sewer system and the possibility of building more homes to share the $160,000 sewer cost. Board members and Mr. Becker discussed a letter from Mr. Lawrence Helm regarding the distances of work to Mr. Helm's property line. The Board discussed the following: 1. The cost of public water, Mr. Becker stated the cost will be between $5000 and $7000 plus boring under the road. 2. The square footage of the houses, which will be between 2700 and 4000 square feet. 3. If the properties on Haymarket Way are septic or sewer. Mr. Sugar stated sewer. 4. Will 1414 Middleton Road be required to hook up to public sewer as stated in the previous BZBA decision? 5. Would the applicant be amenable to connecting into public sewer if it becomes available? The applicant said yes. 6. Mr. Sugar and Mr. Vazzana regarding how LDC 1207.11(b)(1) applies to this application. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 23, 2020 7. Mr. Becker stated he has not spoken to the neighbors regarding sharing the cost of the sewer hookup. 8. Discussion regarding the Hudson Heritage Association’s desire to salvage the existing home. Chair Drew opened the meeting to public comment. Mr. Sugar noted an email from Mr. Larry Helm who is the adjacent property owner. Mr. Helm's concern is the placement of the septic system relative to his property. Mr. Becker stated he is not able to state the location of the septic system until Summit County makes a determination. Mr. Becker also noted he is also concerned about the safety of the silo which is in dangerous and in damaged condition. Chair Drew closed the public comments. 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, at a public hearing, held remotely via video-conference pursuant to HB 197 on Thursday, April 23, 2020. Mr. Jahn made a motion, seconded by Mr. Dohner, to grant the following variance with one condition: A variance from the requirement to utilize public sewer in order to split an existing parcel into two (2) parcels, constructing a new home on the newly created parcel and to demo the existing home and construct a new home on the remaining parcel; both parcels served by private septic systems pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. 1. Should public sanitary sewer services become available to this property, the homes be required to tap into this service at the earliest possible time the service becomes available. 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 due to the lack of availability of public sewer and the cost of extending the existing lines. 2. The variance is insubstantial because the alternative of tapping into public sewer is cost prohibitive in order to develop the proposed homes and the many of the surrounding properties utilize private septic systems. 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 many of the surrounding properties utilize private septic systems. Additionally, granting the variance will alleviate the potential nuisance of construction along Middleton Road. 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. 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 was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-129 A request for a variance of sixteen (16) feet from the required thirty-five (35) foot side yard setback for corner lots resulting in a nineteen (19) foot side yard setback in order to build an attached three car garage pursuant to Section 1205.07(d)(6)(B)(vi) “Property Development/Design Standards - Minimum Side Yard Setback” of the City of Hudson Land Development Code. The applicant is Nathanael Dunn for JP Compass, 7948 Mayfield Road, Chesterland, OH 44026 and the property owner is Michael O. Russell, 226 City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 23, 2020 College Street, Hudson, OH 44236 for the property at 226 College Street, Hudson, OH 44236 in District 4 [Historic Residential Neighborhood]. Attachments: BZBA Staff Report 2020-129 Mr. Sugar introduced the application by showing the location and site plan and explaining that on September 20, 2018, the applicant received a similar variance with two conditions, which has expired. Mr. Sugar noted the surroundings, conditions and zoning codes have not substantially changed since the original variance. Chair Drew noted this variance request is a lesser request that was previously approved. Mr. Joseph Park, JP Copmass, was present for the meeting and was placed under oath by Chair Drew. Chair Drew stated the Board has received a letter from Mr. Michael Russell, property owner, stating Mr. Park has authority to speak for him. Mr. Park stated he does not have authority to agree to new conditions the Board may place on a variance beyond the conditions placed on the previously granted variance. The Board questioned why the project was not done in the allotted year? Mr. Park explained the planning for the entire project took longer than expected. Chair Drew opened the meeting for public comment. There were no public comments. The Board discussed the conditions placed on the previous variance. 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, at a public hearing, held remotely via video-conference pursuant to HB 197 on Thursday, April 23, 2020. Mr. Dohner made a motion, seconded by Mr. Wagner, the Board of Zoning and Building Appeals hereby grants the following variance with two conditions: A variance of sixteen (16) feet from the required thirty-five (35) foot side yard setback for corner lots resulting in a nineteen (19) foot side yard setback in order to build an attached three car garage pursuant to Section 1205.07(d)(6)(B)(vi) “Property Development/Design Standards - Minimum Side Yard Setback” of the City of Hudson Land Development Code. 1. Existing vegetation and screening to be preserved during the construction phase. 2. Additional plantings are to be added to enhance screening once construction is complete in consultation with the City Arborist. 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 requested variance is to replace and improve the existing garage, which is essentially in the same location as the proposed garage. 2. The variance is insubstantial when taking into account the overall size of the existing structure along with the proposed north addition. 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 the required conditions will help mitigate the overall impact. 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 as the project is preserving and improving a historic structure. The motion was approved by the following vote: City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 23, 2020 Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business Mr. Sugar and Mr. Vazzana informed the Board of the upcoming meeting and cases for April 30, 2020. Mr. Vazzana updated the Board on the Charter Review Commission meetings and process. Chair Drew thanked the Hudson IT Department, Mr. Greg Hannan and Mrs. Kris McMaster for assistance with this meeting. This matter was discussed VIII. Adjournment A motion was made by Mr. Minar, seconded by Mr. Wagner, that this meeting be adjourned. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner ________________________________ 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 5