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, August 20, 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. Mr. Drew swore-in Mr. Sugar. V. Approval of Minutes A. BZBA 7-16-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: July 16, 2020 Attachments: BZBA Minutes July 16, 2020 - draft A motion was made by Mr. Wagner, seconded by Mr. Minar, that the July 16, 2020 Minutes be approved with one edit . 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 This meeting is available to view via public live-stream on the City’s website (www.hudson.oh.us <http://www.hudson.oh.us>) and an archived video will be made afterwards for the record. Public comments can be e-mailed to BZBA@Hudson.oh.us by 4:30 p.m. the City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final August 20, 2020 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 2020-620 A request for a variance of four (4) feet from the maximum accessory structure height of eighteen (18) feet resulting in an accessory structure height of twenty-two (22) feet in order to construct a storage barn pursuant to Section 1206.03(d)(7), “Accessory Use Development and Operational Standards - Height” of the City of Hudson Land Development Code. The applicant is Charles A. McGettrick Jr., 14551 Madison Ave, Lakewood, OH, 44107. The property owners are Betty J. and Azam M. Qadri, 1315 Connecticut Woods Drive, Hudson, OH 44236 for the property at 1315 Connecticut Woods Drive in District 2 [Rural Residential Conservation]. Attachments: BZBA Staff Report 2020-620 Mr. Sugar introduced the application by giving an overview of the 4.1 acre property and a description of the proposed storage barn. Mr. Sugar also reviewed the staff comments. Chair Drew swore in Mr. Mike McGettrick, Jr., and Mr. Azam Qadri, homeowner. Mr. McGettrick stated his clients desired the classic look of the proposed barn which will allow storage of various items . Mr. McGettrick stated that a lower barn was considered, but he and the owners feel it is not in keeping with the look of other structures on the property and does not allow for sufficient storage on the second floor. In response to Board questions regarding the LDC height allowance for an accessory structure, Mr. Sugar described the LDC changes in 2019 for accessory structures. The Board noted that with these two additional bays the property now has seven bays for parking cars and with this building being two stories, there is a tremendous amount of storage space. Mr. McGettrick stated this will look like a barn not a garage. Mr. McGettrick stated water and electric will be run to the building, but it will not have living space. The Board expressed concern with the justification provided for requesting the variance for the height of the proposed structure. Mr. McGettrick and the Board discussed alternatives that would meet the needs of the owner and lessen the need for a variance, however, Mr. McGettrick stated his clients feel that the proposed building is more aesthetically pleasing. Mr. McGettrick stated no sizable trees will be removed for construction or building. Mr. Qadri joined the meeting and stated his desire is to make an attractive structure and the higher pitched roof will complement the house, be easier to maintain and will sit four feet below the house, lessening the appearance that it is higher than the house. Mr. Qudri also noted this will allow his five cars to be stored inside and have room on the second floor for other storage needs. Mr. Wagner noted a second and third 1200 square foot accessory structures could be built without requesting a variance. Mr. Sugar stated there were no public comments submitted. The Board discussed one accessory structure being preferable to two or three buildings being added to the property as well as this request being only a 22 percent variance request. Board members also noted a substantial need for this variance has not been shown by the applicant. How the Duncan Factors relate to this building was discussed. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final August 20, 2020 Mr. Minar made a motion, seconded by Mr. Jahn, based on the evidence presented to the Board by the applicant, the Board of Zoning and Building Appeals hereby grants: A request for a variance of four (4) feet from the maximum accessory structure height of eighteen (18) feet resulting in an accessory structure height of twenty-two (22) feet in order to construct a storage barn pursuant to Section 1206.03(d) (7), “Accessory Use Development and Operational Standards - Height” 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 variance; however, the variance will allow the property owner additional needed storage space. 2. The variance is not substantial as it only represents twenty-two (22%) percent of the requirement. 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 lots and homes located within 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 without knowledge of the zoning restriction due to the code amendment of 2019. 6. The applicant's predicament feasibly can be resolved through an alternative design method, however; this design would offer less functionality and overall fit in the neighborhood. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because the overall request is not substantial, and the garage will fit with the existing conditions in the neighborhood. A motion was made by Mr. Minar, seconded by Mr. Jahn, that this Variance be approved. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Nay: 1 - Mr. Dohner C. BZBA 2020-612 A request for non-conforming use consisting of additional seating capacity and expanded outdoor seating hours of operation at North End pursuant to the standards set forth in Section 1206.05(E)(1) of the City of Hudson Land Development Code. The applicant is Elaine Montali, at 7542 Darrow Road, Hudson, OH, 44236. The property owners are Elaine Montali and Stuart S Kuebler II, 7542 Darrow Road, Hudson, OH 44236 for the property at 7542 Darrow Road in District 3 [Suburban Residential Neighborhood]. Attachments: BZBA 2020-612 7542 Darrow Road September 2020 BZBA 2020-612 7542 Darrow Road August 2020 Chair Drew noted this is a non-conforming use expansion application in a residential district. Mr. Greg Hannan, Community Development Director; Ms. Elaine Montali, and Mr. Scott Kubler, owners of North End Market; and Mr. Matt Coberly, neighbor; were placed under oath by Chair Drew. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final August 20, 2020 Mr. Hannan presented an overview of the application. 1. North End Market is requesting 24 outdoor seats on the outdoor patio with beer and wine sales. 2. Mr. Hannan described the history of the business including changes to the non-conforming use of the building and expanded on the Land Development Code considerations: a. The change will not interfere with the operation of confirming uses in the District or with circulation on adjacent public streets. b. The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use. c. Increases and enlargements do not exceed twenty-five percent of the area that the nonconforming use occupied as of the effective date of this Code. Ms. Montali described the history of their 29 years of ownership of North End Market along with the challenges of those years to maintain the business and her desire for good relations with the neighbors. Mr. Kubler also spoke to the need of the additional 24 seats on the patio into the fall season. Mr. Drew noted the Board received communication from Mr. Brad Eimer, Mr. Matt Coberly, Mr. Cam Ogden, Mr. Colt McCutcheon, Ms. Terra Abadella, Ms. Michelle Ogden, Ms. Angela Zielke and Mr. Matt Virgil. All of this communication will become part of the official record of this application. Mr. Jahn asked about the parking and agreement with Hudson Montessori School. Mr. Kubler described a handshake agreement with the school for each using the other’s parking lot. Mr. Kubler described recent communication with Montessori School to formalize the reciprocal use of the parking lots with written agreements and insurance coverage. Mr. Hannan stated that dedicated access to parking in a written document would be appropriate. Mr. Minar discussed the history of North End Market requests before the BZBA and how the nonconforming use has evolved through the years. Mr. Minar stated he believes a nonconforming designation should not to evolve to other uses, which has happened here in evolving from a retail business to a restaurant. Ms. Montali noted that in 2003, BZBA determined that North End Market was a restaurant, since they served food. This led the owners to believe they could change their model from one type of restaurant to another type of restaurant. Mr. Minar noted that the original nonconforming use in 1999 had no outdoor use or impact on the neighbors. Mr. Minar noted that if the request is granted this will become a restaurant of 99 seats and questioned if there are plans to build more parking spaces. Mr. Kobler noted the agreement with the school is to address the need for additional parking. Mr. Minar expressed concern about safe access to the school parking lot. Mr. Dohner questioned staff regarding the evolving nature of the business in light of the 1997 and 2003 BZBA meetings and the change from a retail business only, to retail with a restaurant with an increased seating. Mr. Dohner expressed concern regarding the changing and growing nonconforming use that has taken place with North End Market. Mr. Hannan reviewed the BZBA decisions of 1997 and 2003 and noted that in 2003 a substitute nonconforming use granted a change from a retail to a restaurant. Mr. Hannan also stated the BZBZ decision of 1999 is the basis of tonight’s decision, a retail business with incidental restaurant sales. Mr. Matt Vazzana noted review regarding a nonconforming use is to be based on the original nonconforming us per the effective date of the LDC. Mr. Vazzana also described the history of North End Market’s nonconforming status and how changing circumstances might cause the Board to consider an expansion of the nonconforming use. Mr. Dohner noted in 2003 that the Board felt the business then was close enough to the previously allowed (retail with carryout food) nonconforming use. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final August 20, 2020 Mr. Vazzana confirmed that in 2003 the Board determined the retail business and restaurant business were similar in nature to fit under the nonconforming use and noted. He also stated the emphasis of this Board decision should be the LDC Standards including the consideration of no greater adverse impact to surrounding properties. Mr. Wagner stated a concern over patrons crossing Route 91 at night to access the Montessori School parking. Mr. Kubler stated the seating can be flexible, possibly reducing indoor seating when the patio is used. He also noted the difficulty of sales during the Covid 19 crisis, which could continue another year, and the need for increased revenue. Mr. Hannan noted the LDC allows one parking spot per two seats, however, an outdoor seating ratio of one parking spot per three seats could be considered for the outdoor. In response to questions, Ms. Montali stated the outdoor times would be: Serving from 4pm to 9pm with the patio closed at 10pm. Mr. Vazzana and Mr. Hannan reviewed the 2003 Board decision with the Board including language stating the 2003 action was to modify the nonconforming use conditions at the property and to allow a substitution or change and enlargement of a nonconforming use. Conditions number seven allowed for patio seating. Mr. Hannan also stated this application is for further expansion consideration of the nonconforming use as approved in 2003 and the conditions placed on that decision. Mr. Drew and the Board discussed the 2003 Board determination that the business in 2003 was more of a retail business than a restaurant, however, this request is for the business to be primarily a restaurant. In response to a board questions, Ms. Montali stated she does not anticipate any changes to the building and the second floor of the structure will remain a private residence. Ms. Montali also stated that if City Council allows the Covid 19 temporary outdoor dining rules to continue, it will meet their needs. She stated North End Market does not intend to sell liquor above 40 proof. Mr. Vazzana stated he does not believe a temporary nonconforming can be considered. Chairman Drew opened the public hearing. Mr. Matt Coberly, Marblehead Drive, stated his concern related to the business evolving from a weekday, during the day business to the evening focused business of today. Mr. Coberly also noted that his house faces the patio and is affected by and objects to the use of the patio as a permanent situation. Mr. Coberly expressed concern related to noise, light and view and that the is concerned that the patio will continue to evolve and enlarge. Mr. Coberly also expressed concern with overflow parking moving to his street. Mr. Coberly expressed other concerns and inquired if his concerns can be addressed through conditions on an approval. Mr. Kuebler displayed photos of the North End Market patio from the end of the Coberly’s driveway and stated he believes there is minimal disturbance from the view and lighting. Mr. Hannan noted that the City has allowed for the outdoor seating on a temporary basis through October 19, 2020, per city-wide response to Covid 19. Mr. Kubler noted the 24 seats was based on the area North End Market’s patio has for social distancing of patrons. Mr. Kuebler also stated that he has spoken to the immediate neighbor who will allow screening on his property. Mr. Hannan noted that a future neighbor could not be required to continue to allow the screening to stay in place. Mr. Coberly stated that his driveway curves away from North End Market and the photos shown by Mr. Kuebler do not show the complete view of North End Market that is seen from his porch. Mr. Coberly also mentioned that the of the patio is also the peek time he and his family would like to use their yard. Mr. Coberly reviewed a list of possible restrictions to an outdoor use. Mr. Hannan noted: 1) City records indicate business was nonconforming before 1992 and in 1997 BZBA City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final August 20, 2020 recognized the nonconforming status. 2) Mr. Hannan also stated he does not anticipate City Council giving a blanket approval for permanent patio use at this location similar to the temporary COIVD response allowance. 3) Mr. Hannan inquired if consideration was given to placing the patio at the front of the building instead of its present location. Ms. Montali stated brief consideration was given to placing the patio in the front of the building; however, did not appear viable. Mr. Minar made a motion, seconded by Mr. Dohner, to continue the application to the September 17, 2020 BZBA meeting. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business There was no other business. VIII. Adjournment Mr. Dohner made a motion, seconded by Mr. Jahn 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 * * * City of Hudson, Ohio Page 6