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, September 17, 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 and Amanda Davey, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore in Mr. Sugar and Ms. Davey. V. Approval of Minutes A. BZBA 8-20-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: August 20, 2020 Attachments: BZBA Meeting Minutes 8-20-20 A motion was made by Mr. Minar, seconded by Mr. Wagner, that the August 20, 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 8-27-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: August 27, 2020 Attachments: BZBA Meeting Minutes 8-27-20 A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the August 20, 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 City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final September 17, 2020 VI. Public Hearings - New Business A. Chair Drew announced this meeting was available to view via public live-stream on Hudson Community Television and the City's website (www.hudson.oh.us), and an archived video will be made available afterwards for the record. Public comments were to be submitted to staff and would be read at the meeting and added to the record. B. 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 announced the request to continue BZBA case 2020-612, to the September 27, 2020 meeting. A motion was made by Mr. Minar, seconded by Mr. Jahn, that at the request of the applicant, this application 2020-612 be continued to the September 27, 2020 BZBA meeting.. The motion carried by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-749 A request for a variance from the requirement to utilize public water in order to have a water well on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The applicant is Lisa Stuthard, Prestige Homes, 17 W. Streetsboro Street, Hudson OH 44236. The property owner is Prestige Builder Services, LLC,4494 Kings Ridge Drive, Richfield, OH 44286 for the property at 2741 Last Valley Lane in District 3 [Outer Village Residential Neighborhood]. Attachments: Packet For BZBA Previous Decision and Staff Report Ms. Davey introduced the application by noting this variance was approved by BZBA on August 15, 2019, and has expired because of the requirement that the applicant commence substantial construction or action within one year of receiving the variance. Since the approval of the variance in 2019 the property was purchased by new owners who are proposing a slightly redesigned single-family home in the same location as the previously approved home. Ms. Davey also City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final September 17, 2020 displayed the location of the proposed home and noted the cost of public water at approximately $ 23,000 and the water-well cost being approximately $10,000. Ms. Davey also noted a sewer line easement and drainage swale in the front of the property, both of which restrict moving the home closer to the road. Chair Drew swore in all wishing to speak to this application. Mr. Jon Russell, Prestige Homes, was present for the meeting. Mr. Russell noted the setback of the home is 472 feet from the street and the costs and difficulties presented by the property, easements and other factors in running water lines to the home. The Board and Mr. Russell discussed the difference in the previous application and this application as being a new builder and minor changes to the design. Mr. Sugar confirmed there have been no changes in the zoning code or the neighborhood that affect the application. The Board also discussed the conditions that may be placed on the Decision. Chair Drew requested City Solicitor, Mr. Vizzana, give guidance to the language of future conditions requiring tie -in to public water or sanitary sewer. Mr. Wagner made a motion, seconded by Mr. Dohner, 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 from the requirement to utilize public water in order to have a water well on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code, which is in concurrence with the prior approved decision for Appeals Docket No. 2019-632 with the following condition: 1. If public water service becomes available to the immediate proximity of the property, the homeowner is required to utilize and tap into the service within a reasonable amount of time. The Board finds and concludes: 1. The property in question will yield a reasonable return and can be beneficial without the variance, however, the beneficial use of this property without the variance would be substantially different than with the variance in terms of cost considerations to make the property useable. 2. The variance is substantial because of the nature of the all or nothing condition of this variance of either having well water or public water. 3. The essential character of the neighborhood would not be substantially altered, and adjacent properties would not suffer a substantial detriment as a result of the variance because there are homes adjacent to this property and nearby that utilize well water. 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 the impact on adjoining properties is minimal. 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 3 Board of Zoning & Building Appeals Meeting Minutes - Final September 17, 2020 VII. Other Business Chair Drew requested that Mr. Sugar include the legislation permitting outdoor dining during Covid 19 in the agenda for September 24, 2020. Mr. Sugar discussed the three upcoming BZBA applications. Chair Drew inquired about the Phase 2 presentation that was recently before City Council. A 20-0134 Attachments: Future Trends Report 2020 Mr. Sugar and Ms. Davey presented and discussed the Future Trends 2020 report, which included: Covid 19, Technology, Commercial, Residential and Financial. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Minar, that the meeting be adjourned. The motion carried 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 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