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 24, 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 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, City Planner; Greg Hannan, Community Development Director; Todd Hunt, Acting Solicitor; Thom Sheridan, Assistant City Manager IV. Swearing in of Staff and other who plan to address the Board. V. Approval of Minutes There were no minutes for approval at this special meeting. VI. Public Hearings - New Business A. BZBA 4802 Chair Drew announced this meeting is viewable via public live-stream and an archived video will be made afterwards for the record. Public comments could be emailed to staff for consideeration at the meeting and added to the record. VII. Public Hearings - Old Business Board Chair to confirm all in attendance speaking on the subject have been sworn in. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final September 24, 2020 A. 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 Mr. Hannan introduced the application by reviewing the staff report. Mr. Todd Hunt, Acting City Solicitor, noted three items for the Board to consider: 1) This request is less than a 25 percent enlargement. 2) Will the enlargement interfere with conforming residences or adversely affect traffic on public streets. 3) Will the enlargement cause no greater adverse impact than the original non-conforming use. Mr. Hunt also stated that the temporary outdoor dining resolution will expire when the Ohio, State of Emergency ends. Mr. Hunt stated the Board should consider the non-conforming use as approved in 2003. The Board and Mr. Hunt discussed if this was a restaurant in 1999 and 2003. Mr. Hunt stated his legal opinion is the substitution of 2003 is the baseline for tonight’s judgement. Ms. Montali discussed her recollection of the 2003 Decision stating the business was a restaurant and noted the business has required the owners adapt to changing market conditions, as is happening now with COVID 19. Mr. Kuebler requested the Board recognize this is a restaurant and allow them to improve their business. Mr. Drew noted BZBAs role is to protect the non-conforming use of the business and to protect the neighboring community. The Board and the owners discussed possible conditions that may or may not be acceptable including: Operating times, parking spaces, number of guests, music, screening and lighting. Also discussed was the possible future sale of the business and how BZBA conditions may be changed in the future. The Board and the owners discussed the impact on the neighbors of enlarging the non-conforming use. The owners stated they believe, because of the experience of the previous three months, that there will not be a negative impact on the neighborhood. Mr. Hannan noted: 1: The changes of inside capacity verses outside capacity on a seasonal basis will be difficult to enforce. 2) Because of the zero setback on the north property line, enforceable landscaping is not possible. 3) If the business is sold, all the conditions would continue with the property. 4) BZBA will make the final decision on this application, no other Board will be involved. Mr. Hunt noted this is not a variance, which would run with the land forever. This is a non-conforming use, which might be abandoned by the owner and expire. Mr. Wagner made a motion, seconded by Mr. Jahn, to approve the enlargement of a non-conforming use for the North End Restaurant and Wine Bar at 7542 Darrow Road to permit additional outdoor dining pursuant to the standards set forth on Section 1206.05(e)(1) of the City of Hudson Land Development Code, subject to the following conditions: 1. Patron seating shall be limited to a maximum number that can be accommodated within the thirty-four space City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final September 24, 2020 on-site parking lot at a ratio of one space per two patrons for indoor dining and ratio of one space per three patrons for the outdoor dining. Seating may be adjusted between indoor and outdoor as weather permits provided a maximum outdoor seating of twenty-four is maintained and the total seating does not exceed the thirty-four space on-site parking capacity per the listed ratios. 2. Hours of operation for outdoor dining are restricted to Tuesday through Thursday 4:00pm to 9:00pm, Friday and Saturday 4:00pm to 9:30pm 3. Lighting is restricted to low voltage levels positioned lower than the top height of the six-foot fence which provides screening. 4. No music permitted for the outdoor dining area. 5. Alcohol sales shall be restricted to beer, wine, and low proof spirits. 6. Second floor of the building to be maintained as a residence. 7. No commercial use of the rear yard. The Board finds and concludes: 1. The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets; and 2. The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use; and 3. The increases and enlargements do not exceed twenty-five percent (25%) of the area that the nonconforming use occupied as of the effective date of this Code in 1999. Mr. Minar made a motion to amend Mr. Wagner’s motion to remove all of the conditions as stated. The motion to amend died for lack of a second. The Board voted on the original motion made by Mr. Wagner. The motion carried by the following vote: Aye: 3 - Mr. Drew, Mr. Jahn and Mr. Wagner Nay: 2 - Mr. Dohner and Mr. Minar Board Chair to confirm all in attendance speaking on the subject have been sworn in. B. BZBA 2020-49 A request for an enlargement of a nonconforming use consisting of the expansion of the additional storage area of fireworks pursuant to the standards set forth in Section 1206.05(e)(1) of the City of Hudson Land Development Code. The applicant is Roberto Sorgi, 7041 Darrow Road, Hudson, OH 44236 the property owner 7041 Darrow Road LTD, 7041 Darrow Road, Hudson, Ohio 44236 in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA 2020-49 7041 Darrow Road September 2020 BZBA 2020-49 7041 Darrow Road Feb 2020 File 1 of 2 BZBA 2020-49 7041 Darrow Road Feb 2020 File 2 of 2 Letters to BZBA - American Fireworks Attachment from Applicant-Submitted 9-24-20 Mr. Hannan introduced the application by reviewing the staff report and submittals from the applicant and neighbors. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final September 24, 2020 Mr. Hunt noted the issue is what constitutes a twenty-five percent expansion of this non-conforming use, using the numbers from the 2014 hearing when the applicant proposed the land use area, which the Board adopted. The Board is not able to alter the 2014 decision. Chair Drew swore in all who planned to speak and acknowledged receiving correspondence from: Mr. Robert and Ms. Tina Griesse, Ms. Jennet Fulton and Mr. Craig Resnick. These have been read by the Board and entered into the record. Mr. Roberto Sorgi stated the confusion began at the 2014 hearing when land use was based on the fence position. Mr. Sorgi also noted American Fireworks met with neighbors to find common ground for a resolution to the issues, which he believes was reached by building earthen mounds and protecting the gas well. The Board discussed the staff report of February 14, 2014, which described the land use area based on fence enclosure. Mr. Sorgi stated he was told by Hudson staff to use fence area when the ATF land area should have been used. Mr. Hunt noted the ATF setback do not preempt Hudson Zoning regulations. The Board questioned why American Fireworks allowed six-years to pass before objecting to the 2014 land use area. Mr. Sorgi stated at the time he did not think there was a need to appeal the decision. Mr. Hannan noted in the BZBA report from February 2014, Mr. Phillips, attorney for the applicant, requested that the fenced in area be used for calculations. The Board expressed the difficulty of changing the ‘final’ decision of 2014 without a change to the LDC or a new fact that has come to light. The difficulty exists partially because neighbors may have relied on this information. Mr. Ralph Zuponcic, 2028 E. Highgate Court, stated in meeting with American Fireworks he feels a mutually agreeable solution was achieved. Mr. Robert Griesse, E. Highgate Court, stated concern over the proposed distance between American Fireworks magazines and inhabited structures on his property. Mayor Craig Shubert, 7627 Sugarbush Trail, stated he has worked with American Fireworks and the neighbors and hopes BZBA can find a solution for American Fireworks to expand and maintain the continued safety of the neighborhoods. Councilwoman Beth Bigham, 2284 Herrick Circle, noted she has been part of conversations for seven months and believes great collaboration between the neighbors and American Fireworks has taken place. Mr. Sorgi, Mr. Griesse and the Board discussed the required and proposed distances of the magazines from property lines and inhabited structures. The Board noted Hudson City Council may work with American Fireworks to consider a legislative solution. Mr. Jahn and Mr. Drew complimented the neighbors, Mr. Sorgi, Mayor Shubert and Councilwoman Bigham for the progress made. Chair Drew accepted all the documents into the record. Mr. Sorgi requested the application be withdrawn. Mr. Dohner made a motion, seconded by Mr. Minar, to approve Mr. Sorgi's request to withdraw the application. 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 4 Board of Zoning & Building Appeals Meeting Minutes - Final September 24, 2020 VIII. Other Business There was no other business. IX. Adjournment A motion was made by Mr. Minar, seconded by Mr. Dohner, 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 5