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 27, 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 Nick Sugar, Senior Planner. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in Mr. Sugar and Ms. Amanda Davey. V. Approval of Minutes There were no minutes to approve. VI. Public Hearings - New Business A. BZBA 4802 Chair Drew noted a video will be available after the meeting and that public comments e-mailed to BZBA@hudson.oh.us by 4:30 p.m. the day of the meeting would be read at the meeting and added to the record. B. BZBA 2020-556 A request for variances to permit construction of a detached shed. The request includes the following: 1] A variance of nine (9) feet from the required fifteen (15) foot rear yard setback resulting in a six (6) foot setback pursuant to Section 1205.06(d)(5)(E)(3), “Minimum Rear Yard Setbacks”; and 2] A variance of two (2) feet from the required fifteen (15) foot side yard setback resulting in a thirteen (13) foot setback pursuant to City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 Section 1205.06(d)(5)(D)(4), “Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Chrissanna R. Krisch, 5971 Eastham Way, Hudson, OH, 44236. The property owners are Chrissanna R. and Robert L. Krisch, 5971 Eastham Way, Hudson, OH 44236 for the property at 5971 Eastham Way in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2020-556 5971 Eastham Way Ms. Amanda Davey introduced the application for the .44-acre parcel by showing photos of the property, the existing shed, a site plan, referencing the required 15-foot rear and side yard setbacks and reviewed the staff notes. Ms. Davey also noted an existing nonconforming shed has been on the property for at least 25 years. Mr. & Ms. Robert Krisch were sworn in by Chair Drew and noted that when they purchased the property the existing shed was in disrepair; however they were not aware of the nonconforming status of the shed or the setback issues. They initially repaired the shed; however, it is now becoming a safety issue. When conforming locations were explored it was found that large trees and the sloping nature of the property cause difficulty. Chair Drew acknowledged four letters from neighbors which supported the proposed placement of the shed and noted the letters will be included in the official record of the application. The Board discussed the orientation of the proposed shed and other possible locations in the yard. The Kirschs noted that other placements would: 1) Prevent viewing their full yard, stopping them from keeping track of their children. 2) Cause the children to play in a wet area. The Board inquired about the neighboring pools, one of which has a three-foot high fence, the other is still under construction. The Board noted that alternative locations to the proposed do not seem practical. Mr. Jahn made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board by the applicant, Chrissana R. Krisch, on Thursday, August 27, 2020, the Board of Zoning and Building Appeals hereby grants: Variances to permit construction of a detached shed. The request includes the following: 1] A variance of nine (9) feet from the required fifteen (15) foot rear yard setback resulting in a six (6) foot setback pursuant to Section 1205.06(d)(5)(E)(3), “Minimum Rear Yard Setbacks”; and 2] A variance of two (2) feet from the required fifteen (15) foot side yard setback resulting in a thirteen (13) foot setback pursuant to Section 1205.06(d)(5)(D)(4), “Minimum Side Yard Setbacks” 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 is necessary based on practical difficulty in attempting to site the shed in a suitable location. 2. The variances are substantial as they represent multiple variances. 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. The property would be obscured from view from the neighboring property to the east and the request would be an improvement over the existing shed adjacent to the neighboring property to the south. 4. The variances 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 restrictions. 6. The applicant's predicament feasibly cannot be resolved through an alternative design method. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. There are no alternative locations for the shed. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-614 A request for variances to permit a spa and pergola in an established side yard. The request includes the following: A variance from the requirement prohibiting accessory structures from being located within a side yard pursuant to Section 1206.03(d)(3), “Accessory Use Development and Operational Standards - Side setbacks” and 2] A variance from the requirement that spas may only be located to the rear of the main mass of the house pursuant to Section 1206.03.03(f)(1), “Swimming Pools - Placement” of the City of Hudson Land Development Code. The applicant is Matthew James Dunn, 1904 Weymouth Drive, Hudson, OH, 44236. The property owners are Matthew James and Jennifer Marie Dunn, 1904 Weymouth Drive, Hudson, OH 44236 for the property at 1904 Weymouth Drive in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2020-614 1904 Weymouth Drive Mr. Matthew Dunn was sworn in by Chair Drew. Mr. Sugar introduced the application by displaying the location of the .69-acre property on a corner lot. Mr. Sugar then reviewed the LDC regarding spas, pergolas and the required setbacks along with photos of the property and site plan. Mr. Sugar also reviewed the staff notes and alternative locations for the spa and pergola. Chair Drew noted the difficulties of building on a corner lot and the unusual placement of this house on the lot. Mr. Dunn discussed features of the home including the secluded nature of the property, extra side lot, large front yard.and noted his backyard is visible from the side street. Mr. Sugar noted staff received an email from Mr. and Ms. Landrum, 1920 Weymouth Drive, who are supportive of Mr. Dunn building the spa in the proposed location, if screening is provided. The Board and Mr. Dunn discussed placing the spa in the backyard which would have no impact on the neighbors and no variances would be required. Mr. Dunn stated if placed in the back of the house, Glastonbury Drive would have a full view of the spa. If the spa is moved next to the four-season room, Mr. Dunn stated it is less than ideal and does not solve the privacy issue. The Board noted that a six-foot fence would be permitted in the rear yard and provide privacy; however, Mr. Dunn stated the neighbors requested live screening instead of a fence. Mr. Sugar reviewed the LDC which considers a pergola an accessory structure and be allowed only in the back yard while pools and spas are only required to be behind the main mass of the structure. The Board noted that the orientation of the house is causing the need for a variance and that there are alternatives to the proposed placement, however the alternatives cause privacy issues. The Board also noted if the spa is moved back it will eliminate the need for one variance. The Board discussed the advantages of splitting the variances or continuing the variance request until the next meeting. The Board discussed hesitance to approve the proposed spa in the side yard as it is a more informal use and recommended City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 the spa be placed behind the main mass as permitted by code. The Board and the applicant discussed withdrawing the spa, ensuring it would be located behind the main mass. Mr. Dohner made a motion, seconded by Mr. Wagner, to withdraw the request for the spa variance. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Mr. Dohneer made a motion, seconded by Mr. Minar, based on the evidence presented to the Board by the applicant, Matthew James Dunn at a public hearing held remotely via video-conference pursuant to HB 197 on Thursday, August 27, 2020, the Board of Zoning and Building Appeals hereby grants: A variance from the requirement prohibiting accessory structures from being located within a side yard to permit construction of a pergola pursuant to Section 1206.03(d)(3), “Accessory Use Development and Operational Standards – Side setbacks” 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 property is unique due to the exceptional setback from Weymouth Drive, its location on the corner of Weymouth and Glastonbury and the high traffic on Glastonbury. 2. The variance is substantial as the code prohibits any portion of an accessory structure from being located in 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. The pergola would not make a great impact on an already established side yard patio space. 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 restrictions. 6. The applicant's predicament feasibly cannot be resolved through an alternative design method. Other alternatives would require the pergola and associated spa to be located closer to Glastonbury, when privacy is an essential goal in the use of the structures. 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: City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner D. BZBA 2020-623 A request for variances to permit construction of an addition to a detached garage located within an established side yard. The requests are: 1] a variance from the requirement that detached garages shall only be located within a rear yard pursuant to Section 1205.07(d)(9)(D)(2), “Building Siting and Orientation - Private Garages”; and 2] a variance from the requirement that no accessory structure shall be located within a side yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operational Standards of the City of Hudson Land Development Code. The applicant is Todd Clarke, PO Box 439, Peninsula, OH 44264. The property owners are Lisa and Dana J. Cassidy, 20 Baldwin Street, Hudson, OH 44236 for the property at 20 Baldwin Street in District 4 [Historic Residential Neighborhood]. Attachments: BZBA 2020-623 20 Baldwin Street Mr. Todd Clark, residential designer, Ms. Lisa Cassidy, homeowner and Mr. Robert Marshall, neighbor, were sworn in by Chair Drew. Mr. Sugar introduced the application for a house build in 1851 with an existing detached garage built in 1953. Mr. Sugar displayed the elevations for a 14-foot x 21-foot garage addition onto the existing garage and noted the LDC does not allow accessory structures in the side yard. Mr. Sugar also reviewed the staff report and alternatives to the proposal. Ms. Cassidy stated the proposed small side garage will be for a second car and she believes is the least obtrusive option for the neighbors. Mr. Clark noted the existing roof pitch on the garage is not as steep as the house pitch which allows the house and garage to tie in better. Mr. Clark also noted that an addition has been approved for the rear of the house, which will allow the removed windows to be reused in the garage. Mr. Sugar stated the side-yard setback is four-feet. Mr. Clark stated moving the garage to the rear of the property was complicated by grade issues, especially in the winter and the required destruction of mature trees. Making the garage for two cars, lengthwise, was not considered and the curb-cut will remain as-is. Mr. Marshall, neighbor, spoke in favor of granting the request since the front facing garage is in keeping with the style of the era of these homes, the lots are small, through the years many of the homes have received variances and homes in the area need help in appealing to this generation of homeowners. The Board expressed appreciation for the historical preservation of the home and the design of the garage addition that enhances the home and property. Mr. Minar made a motion, seconded by Mr. Jahn, based on the evidence presented to the Board by the applicant, Todd Clarke at a public hearing, held remotely via video-conference pursuant to HB 197 on Thursday, August 27, 2020, the Board of Zoning and Building Appeals hereby grants: Variances to permit construction of an addition to a detached garage located within an established side yard. The requests are: 1] a variance from the requirement that detached garages shall only be located within a rear yard pursuant to Section 1205.07(d)(9)(D)(2), “Building Siting and Orientation - Private Garages”; and 2] a variance from the requirement that no accessory structure shall be located within a side yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 Accessory Use Development and Operational Standards 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, currently the applicant only has a one car garage on a busy street and the garage addition will provide the needed storage space. 2. The variances are substantial as the code prohibits any portion of the garage from being located in the side yard; however, the existing development in the rear of the house and the slope of the rear yard precludes siting a garage to meet the code standards. 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. The proposed garage addition is well designed and will enhance the lot. 4. The variances 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 restrictions. 6. The applicant's predicament feasibly cannot be resolved through an alternative design method. Other alternatives would not produce the design benefits nor function of the proposed addition. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be 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 VII. Other Business Mr. Sugar notified the Board there will be meetings in on September 17 and 24, with American Fireworks on the 24th. VIII. Adjournment Mr. Dohner 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 ________________________________ Joe Campbell, Executive Assistant City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final August 27, 2020 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