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, May 21, 2020 7:30 PM Via Video-Conference & Live-Stream 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 Nick Sugar, Senior Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore in Mr. Sugar who acknowledged having signed the virtual swearing-in. Mr. Drew noted others would be sworn in as their cases are called. V. Approval of Minutes A. BZBA 4-23-2020Minutes of Previous Board of Zoning & Building Appeals Special Meeting: April 23, 2020 Attachments: BZBA Special Minutes April 23, 2020 - draft A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the February 24, 2020 Minutes be approved as amended. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 4-30-2020Minutes of Previous Board of Zoning & Building Appeals Special Meeting: April 30, 2020 Attachments: BZBA Special Minutes April 30, 2020 - draft A motion was made by Mr. Minar, seconded by Mr. Wagner, that the April 30 Minutes be approved as amended. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final May 21, 2020 VI. Public Hearings - New Business A. BZBA 4802 An archived video is available on the City of Hudson website. Chair Drew noted this meeting will be available to view via Hudson Community Television and the City’s website (www.hudson.oh.us). This matter was discussed B. BZBA 2020-278 A request for a variance to allow an accessory structure detached garage to be located in the side yard when code permits accessory structures to be located only in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Use Development and Operational Standards-Side Setback” of the City of Hudson Land Development Code. The applicant is Elizabeth Nicklas for Peninsula Architects, 1775 Main Street, Peninsula, OH, 44264. The property owner is Steve J. Wake, 1427 Hines Hill Road, Hudson, OH 44236 for the property at 1427 Hines Hill Road in District 2 [Rural Residential Conservation]. Attachments: BZBA Staff Report 2020-278 Mr. Sugar introduced the application by showing the location of the three-acre property in District 2 which the applicant purchased in 2014 and is setback approximately 200 feet from Hines Hill Road. Mr. Sugar also displayed the 1200 square foot accessary building’s elevations and noted the last revision of the LDC allows for a 1200 square foot accessary building on a large lot like this property. In discussing the property Mr. Sugar noted: 1) An electric line and sewer pump line in the rear yard. 2) Hudson Public Power advised the proposed placement of the accessary structure is preferred for HPP purposes. 3) The site photos also showed a mound for storm water purposes which provides screening for the rear neighbor. 4) The difficulty of seeing the current home from Hines Hill Road. Mr. Drew swore in Mr. Joe Matava, Peninsula Architects, who acknowledged signing the statement of virtual swearing in. Mr. Matava noted the constraints of the property and that he has discussed the project with the neighbor to the rear of the property who would like to see the accessary structure built in the proposed location because it will have less visual impact on his property. Mr. Matava also noted the issues with the utilities if placed in the rear of the home. The Board questioned why the proposed structure is needed. Mr. Matava discussed the owner’s desire for boat storage, a workshop, general storage and additional vehicles. He also stated that the house has a small basement causing the need for general storage. The Board and Mr. Matava discussed the five-foot high mound and one tree which will removed. Mr. Matava also noted electricity, water for a sink and natural gas will be run to the garage and the second story will be unfinished storage area. The owner agrees this will not to be used as a dwelling. Mr. Matava also stated that many other locations were considered for the accessary structure; however these locations would have a greater negative impact on the rear neighbor. The Board discussed the minimal negative impact of the proposed location because of the two-hundred foot distance from the road and the tree screening. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final May 21, 2020 Mr. Sugar stated there were no public comments submitted. Chair Drew closed the public hearing. The Board noted the challenge of putting the structure in a compliant position is largely caused by the property and existing utilities and since the house mostly built on a slab, a legitimate purpose is created for the accessary structure. However, concern exists that an additional significantly large structure is proposed when a three-car garage already exists. The Board also noted this structure could be built in other locations on the property which would not require any variances and would be more costly to the applicant and more intrusive to the rear neighbor. The Board discussed the wording of the conditions regarding the structure not being used as a dwelling. Mr. Jahn made a motion, seconded by Mr. Minar, based on the evidence presented to the Board 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 a variance to allow an accessory structure detached garage to be located in the side yard when code permits accessory structures to be located only in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Use Development and Operational Standards-Side Setback” of the City of Hudson Land Development Code, with the following condition: 1. The structure shall not provide any living space, kitchen facilities, nor bathroom facilities. 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 as the house has an existing garage; however, granting the variance will allow the property owner to store additional materials under roof and will also provide the desired workshop space. 2. The variance is substantial as the garage will be located entirely within the side yard. 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 because of the large lot size and the fact there is a home located behind the property in question to consider. If built in the rear yard per code standards, this property would be negatively impacted. 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 because of the conditions of the property in question and the fact that sitting the garage in a location compliant with the zoning code could adversely affect adjoining properties. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Nay: 1 - Mr. Dohner C. BZBA 2020-293 A request for a variance of two (2) feet from the required three (3) foot setback for residential driveways resulting in a one (1) foot driveway setback pursuant to Section 1201.07(c)(1)(A), “Features City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final May 21, 2020 allowed within setbacks” of the City of Hudson Land Development Code. The applicant is Marc Benedict for Fidei Architecture LLC, 2850B W Market Street, Fairlawn, OH, 44333. The property owner is Alisa Newell, 526 Superior Avenue #1109, Cleveland, OH 44114 for the property at 7598 Woodland Avenue in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA Staff Report 2020-293 Mr. Sugar introduced the application by clarifying that the variance request regarding impervious surface was removed from the application because staff determined the proposal meets the impervious surface requirements. Mr. Sugar then described the location of the property in District 1 which is part of an Open Space Conservation. Mr. Sugar also displayed the site plan for the 2728 square-foot, single family home and described the setbacks in the subdivision including the three -foot setback for a driveway on the .5 acre lot, which is one of the smallest in the subdivision. Mr. Sugar also displayed the elevations including the fifty-foot width of the home, which is in keeping with other homes in the subdivision. Chair Drew opened the meeting for public comments. Mr. Sugar noted a concern from the neighbor at 7590 Woodland Ave which expressed concern that houses are too close to each other. Mr. Benedict, representing the property owner, and Mr. Carter, Alair homes, were sworn in and affirmed the virtual swearing. The Board and Mr. Benedict discussed the ownership of the home and property and Mr. Benedict stated the owner would agree to place a curb on the side of the driveway to stop water runoff onto the neighbor’s property. The Board and Mr. Benedict discussed the 2728 square-foot house on this smaller size lot. Mr. Benedict noted the Home Owners Association requires a minimum 2400 square-foot home and does not allow a front facing garage. Mr. Benedict also stated that the eight-foot driveway is the smallest size he is comfortable proposing. The Board discussed the public comment and noted that this one house will not solve the perceived problem of houses being too close together. Chair Drew closed the public portion of the meeting. The Board discussed the owners desired design, the constraints of the lot, the size of the home, the HOA restraints and the insubstantial overall effect of this variance request. Mr. Minar made a motion, seconded by Mr. Jahn, based on the evidence presented to the Board, 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 of two (2) feet from the required three (3) foot setback for residential driveways resulting in a one (1) foot driveway setback pursuant to Section 1201.07(c)(1)(A), “Features allowed within setbacks” of the City of Hudson Land Development Code with the following condition: 1. The proposed driveway shall include a rolled curb or similar elevated portion to contain water runoff from entering the adjacent property. 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 given the required home size stipulated by the HOA and the needs of the homeowner. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final May 21, 2020 2. The variance is not substantial as it is only a two (2) foot variance and the distance from the proposed driveway to the neighboring house is considerable. 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 because the resulting home would be similar to surrounding homes in the subdivision. 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. Alternatives were explored and deemed infeasible such as reducing the size of the house or moving the entire structure north into the landscape setback. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. The motion carried by the following vote: Aye: 4 - Mr. Dohner, Mr. Drew, Mr. Jahn and Mr. Minar Nay: 1 - Mr. Wagner VII. Other Business Chair Drew noted correspondence from the Charter Review Commission concerning sections 9.04 and 9.05 that affect BZBA. Mr. Drew requested feedback from the BZBA Board members regarding: 1) Is the size of the BZBA Board correct? 2) Should the size be fixed by charter or be by Council? 3) If by charter, what should the range be? The Board agreed five members was the correct size of the BZBA Board and that number should be fixed by the Charter and is opposed to appointing Board members by neighborhood. The Board authorized Chair Drew to respond to the Charter Review Commission with the Board’s answers. Mr. Sugar stated there are three cases for the June, the American Fireworks case is scheduled for July. The Board and staff discussed the thirty-five foot height restriction for homes. VIII. Adjournment Mr. Minar made a motion, seconded by Mr. Wagner, to adjourn the meeting. The motion was approved 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 City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final May 21, 2020 ________________________________ 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