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, June 18, 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 signing the virtual meeting waiver. V. Approval of Minutes A. BZBA 5-21-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: May 21, 2020 Attachments: BZBA Minutes May 21, 2020 - draft A motion was made by Mr. Wagner, seconded by Mr. Dohner, that the May 21, 2020 minutes be approved as submitted. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business A. BZBA 4802 An archived video is available on the City of Hudson website. B. BZBA 2020-374 A variance of five (5) feet from the required five (5) foot perimeter landscaping requirement resulting in a zero (0) foot landscaped perimeter in order to construct a parking lot pursuant to Section City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 2020 1207.04(l)(3), “Perimeter landscaping for parking lots” of the City of Hudson Land Development Code. The applicant is Todd Smith, 44 Clinton Street, Hudson, OH, 44236. The property owner is JMS Property Group Ltd, 44 Clinton Street, Hudson, OH 44236 for the property at 48 Clinton Street in District 5 [Village Core District]. Attachments: BZBA Staff Report 2020-374 Ms. Laura Yeager Smith, applicant, was sworn in by Chair Drew and acknowledged signing the waiver of virtual meeting. Mr. Sugar introduced the application by displaying and describing the lot and site plan located in District 5 for a 2642 square-foot commercial building with retail sales on the ground floor and a second-floor workroom. The parking lot will be shared with 44 Clinton Street, which is encouraged by the LDC. The 14 parking spaces exceed the requirements of the two businesses. Mr. Sugar also displayed the area of the five-foot variance request. Ms. Smith stated the variance request allows for eight of the fourteen parking spaces. Mr. Sugar noted a Public Comment submitted to staff from Ms. Cindy Hartman regarding the use of on street parking along Clinton Street and Village Way. The Board noted if the variance is not granted it will require more on street parking spaces be used by the business customers. The Board and Ms. Smith discussed the utility easement between this parking lot and the library. Ms. Smith agreed to contact the library regarding planting in the utility easement to screen the southeast corner of the parking lot. Mr. Hannan, Community Development Director, was sworn in and stated he will accept the waiver of virtual meeting. Mr. Hannan reviewed the Planning Commission discussion regarding the parking lot and stated there was not significant discussion about five-foot setback or landscaping. However, there was discussion regarding the number of parking spaces and recognition that this plan meets the LDC without using any on-street parking. Mr. Sugar elaborated on the staff comment regarding additional landscaping along Morse Road. Ms. Smith was agreeable to additional landscaping along Morse. 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, Mr. Jahn made a motion, seconded by Mr. Wagner, that the Board of Zoning and Building Appeals grant a variance of five (5) feet from the required five (5) foot perimeter landscaping requirement resulting in a zero (0) foot landscaped perimeter in order to construct a parking lot pursuant to Section 1207.04(l)(3), with the following conditions: 1. The owner to consult with the Library, owner of the adjacent property to the south, to discuss possible additional buffering and landscaping on the east side of the property. 2. The applicant shall plant additional, low-level landscaping on the west side of the property and such landscaping to be discussed and agreed to by 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 variance will allow substantial improvement of the overall parking plan by allowing an extra eight parking spots off-street that would otherwise be on-street. 2. The variance is insubstantial due to the existing perimeter buffering on the adjacent library lot and distance between the two. Also, the angle of the lot in question results in a minimal variance request. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 2020 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 variance is minimal nature. 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. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-370 A request for a variance of thirty-one (31) feet from the required fifty (50) foot rear yard setback resulting in a nineteen (19) foot rear yard setback in order to construct a rear yard deck pursuant to Section 1205.06(d)(5)(E)(1), “Minimum rear yard setbacks” of the City of Hudson Land Development Code. The applicant is Elizabeth A. Kwolek, 1841 Carver Lane, Hudson, OH, 44236. The property owners are Nicholas and Elizabeth A. Kwolek, 1841 Carver Lane, Hudson, OH 44236 for the property at 1841 Carver Lane in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report 2020-370 Ms. Elizabeth Kwolek, property owner and Mr. and Ms. Ashurst, neighbors, acknowledged signing the virtual swearing in and were placed under oath by Chair Drew. Mr. Sugar introduced the application by: 1) Displaying the property in District 3 and reviewing the required setbacks established by the LDC and Plymouth Village. 2) Noting the existing house extends thirteen feet into the rear yard setback; the requested deck will result in a 31-foot total variance into the rear yard setback. 3) Noting a 14-foot by 14-foot deck that was removed sometime in the past. 4) Displaying neighboring properties that have projections into the rear yard with a variety of orientations. 5) Noting the difficulty of the lot for citing a deck on this property. 6) Questioned the large size of the deck. Ms. Kwolek described the lack of space in her backyard and the desire to create a space that fits the property and does not have a negative impact on the neighbors. She also explained this project is to make a suitable congregating area for their large family. Ms. Kwolek then displayed a landscaping plan that has been developed and noted decks and screened in porches in the area which are of comparable size to this requested deck. The Board recognized the difficulty and size of the required setbacks, that the applicant has agreed to screen the deck and discussed alternatives to the proposed deck such as a ground level patio. Chair drew recognized five letters from neighbors all in support of granting the variances. 1. Mr. Jeffrey A. Drab, 1857 Cutler Lane 2. Mr. Albert N. Ashurst and Ms. Eleanor Ashurst, 5961 Chatham Way City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 2020 3. Ms. Alison Norman-Zimbeman, 5960 Chatham Way 4. Mr. Ron and Mrs. Christine Johnson, 1865 Carver Lane 5. Mr. Earl and Mrs. Valerie Ott, 5912 Chatham Way Mr. Ashurst, 5961 Chatham Way, stated the deck will enhance the neighborhood, privacy will not be an issue, he is very impressed with the way the deck will look and hopes to see it built. Mr. Sugar also noted Cathy and Tony Suschil sent a letter of support. Board discussions included: 1) The restrictive setbacks in Plymouth Village. 2) Concern for people in the past who were forced to build ground patios because of setbacks not allowing a deck and this deck is a choice, not a necessity, therefore lacking sufficient reason to grant a variance. 3) The request is only four-feet greater than when the previous deck was on the house. 4) The difficultly presented by the large tree in building a ground patio. 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, Mr. Wagner made a motion, seconded by Mr. Minar, that the Board of Zoning and Building Appeals grant a variance of thirty-one (31) feet from the required fifty (50) foot rear yard setback resulting in a nineteen (19) foot rear yard setback in order to construct a rear yard deck pursuant to Section 1205.06(d)(5)(E)(1), with the following condition: 1. The owner shall execute the landscaping plan submitted with the application to properly landscape/screen the deck. 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 site conditions limit the applicant’s ability to have a practical rear yard deck. 2. The variance is substantial because it represents thirty-one (31) feet from the required fifty (50) foot rear yard setback; however, the fact that the property is corner lot, has a large tree in rear yard, and an existing well significantly limiting the options for the applicant. 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 a result of the submissions received from surrounding home owners who spoke favorably of the request. 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. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Nay: 1 - Mr. Dohner D. BZBA 2020-327 A request for variances pertaining to a rear deck addition. The request includes the following: 1] a variance of thirty-five (35) feet City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 2020 from the required stream corridor setback of seventy-five (75) feet resulting in a forty (40) foot setback pursuant to Section 1207.03(e) (1)(B), “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 Thomas A. Nguyen, 4551 Devereux Drive, Copley, OH, 44321. The property owners are Thomas A. and Sarah N. Nguyen, 395 Boston Mills Road, Hudson, OH 44236 for the property at 395 Boston Mills Road in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report 2020-327 Mr. Thomas Nguyen, homeowner, was present for the meeting, acknowledged signing the waiver of virtual meeting and was sworn in by Chair Drew. Mr. Sugar introduced the application by displaying the property, the proposed deck location and describing the location of Brandywine Creek that runs through a corner of the property. Mr. Sugar then described the required setback of 75 feet from the stream noting the prohibition for accessory structures, grading or improving property in the setback. It was also noted that because the deck is in the flood plain it will be required to be reviewed by the City Flood Plain Administrator . Mr. Sugar noted the property is on a corner lot with 50-foot setbacks from each road and the adjoining neighbor has an easement for a driveway across Mr. Nguyen’s property. Neighboring properties were displayed showing they are also in the Brandywine Creek setback with many of them mowed too close to the creek. Mr. Nguyen described the purpose of the deck and additional landscaping which will be placed on the property. He also noted the deck will not impede water flow across the property. The Board and Mr. Nguyen discussed: 1) Alternative placements of the deck which do not work as well for the applicant and might cause more grading and disturbance. 2) The posts as being the only impediment for water. 3) Communication from Mr. Bradley Winters, 29 Chadbourne Drive, stating Brandywine Creek is an important corridor and habitat for wildlife that might be impacted by further encroachment. 4) The existing ground level patio. 5) Mitigations and possible conditions to a 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, Mr. Minar made a motion, seconded by Mr. Dohner, that the Board of Zoning and Building Appeals grants variances pertaining to a rear deck addition. The request includes the following: 1] a variance of thirty-five (35) feet from the required stream corridor setback of seventy-five (75) feet resulting in a forty (40) foot setback pursuant to Section 1207.03(e)(1)(B), “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), with the following conditions: 1. Owner shall cease mowing up to the edge of the stream and plant vegetation comprised of native species to curtail erosion and benefit the overall health of the stream. 2. Construction related to the deck shall be performed with limited disturbance to the stream and stream corridor setback. Proper silt fencing shall be installed and access limited within the stream corridor setback during installation. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 2020 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 variance will allow the construction of the deck which will increase the value and overall livability of the property. 2. The variance is substantial; however, this is mitigated in part by the fact the existing home is presently located within the stream corridor setback. 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. The deck will enhance the property and; therefore, the overall neighborhood. 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. The placement of the deck elsewhere would be less than desirable. 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 VII. Other Business 1) Mr. Sugar announced the July meeting will again be a virtual meeting with three possible applications. 2) Chair Drew announced he communicated the BZBA responses to the Charter Review Commission questions. 3) Mr. Sugar announced Mrs. Kris McMaster will be retiring at the end of June and a retirement party will be held on June 30th at Turner's Mill. All Community Development Boards will be invited. This matter was discussed VIII. Adjournment A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by the following vote and Mr. Drew adjourned the meeting. 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 6 Board of Zoning & Building Appeals Meeting Minutes - Final June 18, 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 7