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, July 16, 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: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Absent: 1 - Mr. Dohner III. Identification, by Chairman, of Nick Sugar, Senior Planner. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in all who would be speaking and all affirmed acceptance of the virtual swearing in documents. V. Approval of Minutes A. BZBA 6-18-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: June 18, 2020 Attachments: BZBA Minutes June 18, 2020 - draft Mr. Wagner made a motion, seconded by Mr. Minar to approve the June 18, 2020 minutes as submitted. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business A. BZBA 4802 Chair Drew noted this meeting is available via public live-stream on Hudson Community Television and the City’s website (www.hudson.oh.us <http://www.hudson.oh.us>). Public comments were to be e-mailed to BZBA@hudson.oh.us by 4:30 p.m. the day of City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final July 16, 2020 the meeting with any submitted e-mail read at the meeting and added to the record. B. BZBA 2020-484 A request for variances to permit grading within a stream corridor setback related to a commercial addition. The request includes the following: 1] A variance of thirty (30) feet from the required thirty (30) foot stream corridor setback resulting in a zero (0) foot setback pursuant to Section 1207.03(e)(1)(D), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 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 Rene Jimenez for Geis Companies, 10020 Aurora-Hudson Road, Streetsboro, OH, 44241. The property owners are TJE Real Estate Ltd, 5640 Hudson Industrial Parkway, Hudson, OH 44236 and Joann Stores, 5555 Darrow Road, Hudson, OH 3009203 for the property at 5640 Hudson Industrial Parkway including parcel 3009203 in District 8 [Industrial Business Park]. Attachments: Staff Report BZBA 2020-484 Mr. Sugar introduced the application describing the location of the proposed parcel and displayed photos of the potential land purchase of 14 acres for an approximate 50,000 square foot addition off the rear of the present building. Mr. Sugar also described the three-foot wide stream and displayed the site plan of the proposed work in relation to the stream corridor and setbacks. Mr. Sugar also reviewed the staff report regarding: 1) Part of the wetlands that does not have a setback. 2) A proposed storm-water basin with native plantings. 3) An old rail bed that was not identified as a regulated stream. 4) A drive access area for the fire department. 5) Wetlands on the property that have been reviewed by the Planning Commission, with overall Planning Commission approval conditioned on this variance approval. 6) Permission given in 1999 by the Army Corps of Engineers to re-route the stream, which has now lapsed. Mr. Sugar noted the disturbance area is about 15-feet from the stream and questioned potential ways to lessen the impact on the stream. Mr. Rene Jimenez, Geis Companies, described the project’s importance to GEMCO and the need for this addition as well as the difficulties encountered in developing this project, including meeting with the Army Corps of Engineers regarding re-routing the stream and mitigating the wetlands. The delay in getting these approvals caused the proposed building to be sized smaller and shaped around the site-restrictions. Mr. Jimenez noted design attempts to mitigate the affect on the stream and fire department access. Some of these are incorporated in the proposed plan and others caused the size of the building to shrink to an unacceptable size. The Board noted and discussed with Mr. Jimenez and Mr. Greg Seifert, Geis Construction: 1) Appreciation that GEMCO is growing and inquired about additional employees in the proposed building. Mr. Jimenez was uncertain about the number of new employees. 2) This being phase one of three phases. 3) The potential re-routing of the City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final July 16, 2020 stream to accommodate future phases. 4) The timetable for future phases being dependent on the business growth of GEMCO and the Army Corps of Engineering. 5) The water run-off from impervious surfaces caused being caught in the proposed basin. 6) Stream protection during the building of the project being regulated and inspected by Summit County. Chair Drew discussed the variances being requested as well City services being affected by the fire department. Mr. Jahn made a motion, seconded by Mr. Wagner, based on the evidence presented to the Board at a public hearing held remotely via video-conference pursuant to HB 197 on Thursday, July 16, 2020, that the Board of Zoning and Building Appeals grant: A request for variances to permit grading within a stream corridor setback related to a commercial addition. The request includes the following: 1] A variance of thirty (30) feet from the required thirty (30) foot stream corridor setback resulting in a zero (0) foot setback pursuant to Section 1207.03(e)(1)(D), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks”; and 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 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 variances; however, the variances will allow the property owner to develop the adjacent vacant land in a beneficial way by expanding their business. 2. The variances are substantial because they represent disturbance adjacent to a stream. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variances are granted because of the careful planning and mitigation efforts of the developer regarding the surrounding wetlands and stream corridor. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances because of the nature of the project and the planning, investigation and study through multiple review bodies; including, the Army Corp of Engineers, Summit Soil and Water Conservation District, and the City of Hudson Fire Department. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business Mr. Drew discussed sections 904 and 905 of the City Charter and noted the Charter Review Commission’s recommended changes. These changes go before City Council and will be voted on in the November 2020 general election. Mr. Sugar noted the August 20, 2020, BZBA meeting has three anticipated applications to review. This matter was discussed City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final July 16, 2020 VIII. Adjournment Mr. Wagner made a motion, seconded by Mr. Minar, to adjourn the meeting. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner ________________________________ Robert P. Drew, Chair ________________________________ Mr. Lewis Wagner ________________________________ 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