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 30, 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. II. Roll Call Present: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner III. Identification, by Chairman, of Kris McMaster, City Planner IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in Mrs. McMaster who stated she signed a waiver agreeing to the video format. V. Approval of Minutes A. BZBA 2-20-2020Minutes of Previous Board of Zoning & Building Appeals Regular Meeting: February 20, 2020 Attachments: BZBA Minutes February 20, 2020 - draft Mr. Wagner made a motion, seconded by Mr. Minar, to approve the Minutes as submitted and include the two attachments, BZBA 2020-49, one of two and two of two. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business Chair Drew discussed the video format of this meeting and announced it is being broadcast live on Hudson Cable Television and that public comments were to be submitted to staff. Mrs. McMaster reported no public comments were submitted. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 30, 2020 A. BZBA 4802 This meeting is available to view via public live-stream on Hudson 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. B. BZBA 2020-156 A request for variances pertaining to the restoration and to install approximately a 190 ft. long boulder wall to reinforce the left bank of the Brandywine stream and on the right bank (facing downstream) to plant native plants to reduce bank erosion of Brandywine Creek on along three properties 65, 73, 79 on Brandywine Drive. The variances include the following: 1] a variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero setback pursuant to Section 1207.03(e)(1)(ii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 2] 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 applicant is Mark Hornyak for Northeast Ohio Regional Sewer District (NEORSD), 4747 E. 49th Street, Cuyahoga Heights, Ohio 44125 and the property owners are Andrew and Christine Utrup, 65 Brandywine Dr., William J. III and Michele L. Schulte Trustee, 73 Brandywine Dr., and Natalie Jean Buynak, 79 Brandywine Dr., of Hudson, Ohio 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report 2020-156 Brandywine Creek Part 1 of 2 - Staff Report-Application-Photos BZBA Staff Report 2020-156 Brandywine Creek Part 2 of 2 - Civil Drawings-Letters Chair Drew Swore in Mr. Meiring Borcherds, Northeast Ohio Regional Sewer District who received the waiver of virtual swearing in and agreed to same. Mrs. McMaster displayed an aerial view of the three properties which are in District 3 and explained the history of Brandywine Development and the stream. Mrs. McMaster also explained the variance request and design and reviewed the staff notes and conditions. Mr. Borcherds noted communication from the neighbor at 72 Brandywine Drive who expressed concern regarding erosion on his property, however, upon examination, excessive erosion was not found at 72 Brandywine. Mr. Borcherdsstated this $100,000 project is a small part of a larger erosion problem in the upper reaches of Brandywine Creek that has two significant flooding areas upstream which will be addressed later. There is also City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 30, 2020 downstream flooding, south of the cemetery, which affects utility roads and one house. This entire problem area is referred to as the Brandywine Creek Problem Area Eleven, and will have a 1.1 million dollar repair cost. Mr. Borcherds explained the problem developed because the stream was rerouted, which was a common practice when the Brandywine Neighborhood was developed, before many stream protections were in place. Mr. Borcherds noted a ‘No Rise Certification’ is in place which is an assurance that no volume is added to the waterway. Mr. Thom Sheridan, Assistant City Manager, spoke to the No Rise Certification and the moving of a ‘Main Tributary’ which was not reviewed and stated he believes tonight’s variance request will resolve the resulting erosion of the main tributary. Mr. Borcherds stated that he does not believe the repair will not have negative affect on upstream or downstream properties. Chair Drew opened the meeting for public comment. There were no public comments. Mr. Jahn made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board at a public hearing, held remotely via video-conference pursuant to HB 197 on Thursday, April 30, 2020 to approve variances pertaining to the restoration and to install approximately a 190 ft. long boulder wall to reinforce the left bank of the Brandywine stream and on the right bank (facing downstream) to plant native plants to reduce bank erosion of Brandywine Creek on along three properties 65, 73, 79 on Brandywine Drive. The variances include the following: 1] a variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero setback pursuant to Section 1207.03(e)(1)(ii), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 2] 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. 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 with the following conditions: 1. Approval from the City Engineering Department and 2. Approval from the City Flood Plain Administrator The Board finds and concludes: 1. The property in question will not yield a reasonable return cannot have beneficial use of the property without the variances: Without the variance the properties will continue to erode and will be a detriment to the adjacent properties. 2. The variances are substantial: The request is one hundred (100) percent of the applicable setback, however, the variance request is not substantial as scope of the work will be beneficial to the long-term health and function of Brandywine Creek and is necessary to protect the properties. 3. The essential character of the neighborhood would not be substantially altered, and adjacent properties would not suffer a substantial detriment as a result of the variances: The proposed work will not change existing flood levels and would prevent erosion of the stream bank as indicated by Mr. Borcherds from the NORSD and the variance would protect the neighboring properties. 4. The variances would not adversely affect the delivery of governmental services such as water and sewer. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 30, 2020 5. The applicant purchased the property with knowledge of the requirements. 6. The applicant's predicament cannot be obviated feasibly through some method other than a variance. 7. The spirit and intent behind the requirement would be observed and substantial justice done by granting the variances. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-202 A request for an alteration of a nonconforming structure consisting of reducing the size of the accessory structure by 43% from 1614.9 sq. ft. to 928.05 sq. ft. pursuant to the standards set forth in Section 1206.05(F)(2), Non-Conforming Structures-Damage or Destruction of the City of Hudson Land Development Code. The applicant is John Roman, 6649 Hollis Blvd, Hudson, Ohio 44236 and the property owners are John and Patricia Roman, 7005 Walters Road, Hudson, Ohio 44236 in District 2 [Rural Residential Conservation]. Attachments: BZBA Staff Report 2020-202 7005 Walters Road Non-conforming Structure Mr. John Roman, Mr. Dan Kalk and Mr. Gerald Moss were present for the meeting, sworn in by Chair Drew and acknowledged the receipt of the waiver of virtual swearing in. Mrs. McMaster displayed the area of the variance request in District 2 which is on 9.6 acres of land. In 2014, Mr. Roman purchased the north portion of the property with a 1614 square foot pole barn, built in 1954 which is located on the property line. The applicant would like to reduce the barn size by 43 percent to 928 square feet which is an alternation to a non-conforming structure. The Board is tasked with determining if the structure’s value is reduced by 50 percent of its value. Mrs. McMaster reviewed the staff comments previously given to the Board. The Board, Mrs. McMaster and Mr. Vazzana discussed the Land Development Code (LDC) in relationship to the application and proposed work on the non-conforming barn including various terms in the LDC. The Board inquired regarding the litigation of the property. Mr. Roman stated the litigation concerned the ownership of the barn, the proposed alteration to the barn will settle the case. Mrs. McMaster stated if the proposed work is done, the side setback will not be met and the structure will continue to be a non-conforming structure, however it will be in more compliance and staff has determined it to be appropriate. The Board questioned since the two property owners have come to agreement, why is this variance is needed? The Board also noted that the real estate agents’ letter does not state the value of the barn after the work is done or if the remaining value is greater than fifty-percent. Mr. Roman stated the real estate agent assumed the value to be per square foot and since more than fifty percent is left, the value is greater than fifty-percent. The Board discussed if the real estate agents’ value being determined by square footage is a valid method. The Board discussed since this is a existing non-conforming structure, that will be altered, if the alteration should be required to bring the building into compliance by reducing the size by an additional 15-feet or moving the barn. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 30, 2020 Mr. Vazzana explained this is not a variance case, it is a non-conforming structure case. Non-conforming structures are allowed to remain or be modified. This is a narrow case where the BZBA is to issue a finding of whether or not fifty percent of the present value is being maintained. The Board is not to determine issues other than the fifty-percent value, staff then will issue a permit based on the Board’s determination. Mrs. McMaster explained that the structure was built by the owner of the two properties, in 1954, probably without consideration of the property lines. Mr. Vazzana stated this is not an uncommon issue in legacy plats. Chair Drew opened the meeting for public comment. Mr. Gerald Moss, attorney, 205 Ken Mar Parkway, Broadview Heights, representing the Friends of the Pet Cemetery Association, spoke in favor of Mr. Roman’s application and discussed the litigation issues. The Board questioned Mr. Kalk's motivation in supporting the application. Mr. Kalk stated his motivation is to settle the lawsuit, be a good neighbor, good member of the community and after five years of litigation, settle this problem. Chair Drew closed Public Comments. The Board discussed removing all of the building that is non-conforming and the realization this might require moving the entire structure. The Board expressed appreciation for the recommended solution. Mr. Dohner made a motion, seconded by Mr. Wagner that 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 finds and concludes: The alteration to the non-conforming structure is less than 50% its fair market value prior to the damage or destruction and approves the alteration to reduce the nonconforming structure by 43%. The Board of Zoning and Building Appeals hereby approves: The request for an alteration of a nonconforming structure consisting of reducing the size of the accessory structure by 43% from 1614.9 sq. ft. to 928.05 sq. ft. pursuant to the standards set forth in Section 1206.05(F)(2), Non-Conforming Structures-Damage or Destruction of the City of Hudson Land Development Code. A motion was made by Mr. Dohner, seconded by Mr. Wagner, that this Nonconforming Use or Structure be approved. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Drew, Mr. Jahn and Mr. Wagner Nay: 1 - Mr. Minar VII. Other Business Mrs. McMaster announced: 1. The next meeting on May 21 has three scheduled cases. 2. American Fireworks will be on the June agenda. This matter was discussed VIII. Adjournment Mr. Wagner made a motion, seconded by Mr. Minar to adjourn the meeting. The motion was approved unanimously. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final April 30, 2020 Seeing no further business Chair Drew thanked Mrs. McMaster and Mr. Hannan for assistance with the technical details of the meeting and adjourned the meeting. ________________________________ 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 6