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 Greg Hannan, Community Development Director Amanda Davey, Associate Planner Thursday, October 15, 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 Amanda Davey, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore in Mr. Hannan and Ms. Davey. V. Approval of Minutes A. BZBA 9-17-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: September 17, 2020 Attachments: BZBA Meeting Minutes 9-17-2020 A motion was made by Mr. Wagner, seconded by Mr. Minar, that the September 17, 2020 Minutes be approved as amended. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 9-24-2020Minutes of Previous Board of Zoning & Building Appeals Meeting: September 24, 2020 Attachments: BZBA Meeting Minutes 9-24-2020 A motion was made by Mr. Minar, seconded by Mr. Jahn, that the September 27, 2020 Minutes be approved as submitted. The motion carried by the following vote: City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final October 15, 2020 Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VI. Public Hearings - New Business 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. A. BZBA 2020-373 A variance request of two (2) feet from the maximum fence height in the side yard of four (4) feet above the elevation of the surface of the ground resulting in a height of six (6) feet to permit construction of a fence pursuant to section 1206.03(a)(5) “Accessory Uses/Structures - Fences and Walls, Residential” of the City of Hudson Land Development Code. The applicant is Danielle Callahan, 2616 Middleton Road, Hudson, OH, 44236. The property owner is Danielle Callahan, 2616 Middleton Road, Hudson, OH, 44236 for the property at 2616 Middleton Road in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA Staff Report 20-373 Ms. Davey introduced the application for a two-foot height variance for a fence in the side yard in District 1 by showing the site plan, photos of the property and location of the variance request. Ms. Davey noted the applicant did receive approval for a six-foot fence in the rear of the property and reviewed the staff comments. Ms. Danielle Callahan and Ms. Deborah Miller and were sworn in by Chair Drew. Ms. Callahan stated numerous complaints from Ms. Willard, an adjoining neighbor, have been filed with the City, because of activity that takes place on her property. The six-foot fence is an attempt to create privacy and ease the number of complaints. Ms. Callahan also noted other attempts at creating privacy that did not work. Mr. Matthew Golish, attorney at Myers, Roman, Freeburg & Lewis, noted he was retained by the Callahans. Mr. Golish showed 1000 pages of complaints and pictures from Ms. Willard to the City of Hudson and described video cameras with lights and pointed directly at the Callahan’s residence. Mr. Golish described this as an invasion of privacy, which becomes a public record, dating back to a couple of months after the Callahans moved into their house. Mr. Golish reviewed the seven factors BZBA is to weigh in making the determination on this application. Ms. Willard described her difficult relationship with the Callahans including them being on and using her side yard without permission, the reasons for the surveillance cameras and the Callahans building earthen swells on their property that caused her water problems. Chair Drew clarified the issue BZBA is deciding is, the request for a six-foot fence and that a two-to-two vote will carry over the application to the next meeting. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final October 15, 2020 The Board noted decisions are to be made based on the Land Development Code and asked the applicant if there is an LDC based reason for the request of a six-foot fence? Ms. Callahan stated there is not. Staff was asked about contacts from Ms. Willard and Ms. Callahan regarding complaints and public records request. Staff noted that the Callahan ’s property does not encroach on Ms. Willards property and the markers are correct. Staff clarified the variance request is for a six-foot fence to the front foundation of the house. Mr. Golish noted the Duncan Factors require seeking alternatives before granting the variance. He also noted Ms. Willard’s home is higher and looks down on the Callahan’s home. Chair Drew noted Board members received a letter from a realtor stating the marketability of the home will be lessened if a six-foot fence is installed. The Board asked Ms. Willard if she is for or opposes the variance request. She stated she opposes the fence because it will lessen the marketability of her home. Chair Drew closed the public hearing. Board discussion included: 1) The depth of the disagreement between the two neighbors. 2) Feeling the 6-foot fence may help the neighborhood situation. 3) Granting a variance is not a proper way to resolve a neighborhood dispute. 4) The property owner’s have the right to not have their property value diminished. 5) The extra-ordinary circumstances of this case overruling the words of the LDC. 6) The practical effect of a six-foot fence as opposed to a four-foot fence in this application. 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, based on the evidence presented to the Board by the applicant and property owner, Danielle Callahan, Mr. Minar made a motion, seconded by Mr. Jahn to deny the following: A variance request of two (2) feet from the maximum fence height in the side yard of four (4) feet above the elevation of the surface of the ground resulting in a height of six (6) feet to permit construction of a fence pursuant to section 1206.03(a)(5) “Accessory Uses/Structures - Fences and Walls, Residential” of the City of Hudson Land Development Code. The Board finds and concludes: 1. The property in question will yield a reasonable return and can be beneficial use of the property without the variance as a four-foot fence can be built. 2. The variance requested is substantial as it represents fifty (50%) percent increase over the requirement. 3. The essential character of the neighborhood would be altered by allowing a six (6) foot fence in the side yard. 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 can be feasibly obviated by other means such as building a four (4) foot fence or personal reconciliation by the neighbors. 7. The spirit and intent behind the zoning requirement would be observed if the board continues to require the maximum height of the side yard fence to be four (4) feet. The motion carried by the following vote: Aye: 3 - Mr. Drew, Mr. Jahn and Mr. Minar Nay: 1 - Mr. Wagner City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final October 15, 2020 B. BZBA 2020-824 A variance request from the requirement that within the City of Hudson’s Historic District, a solar energy systems-panel shall not be located on the roof or wall facing the front lot line in order to permit the proposed installation of a solar energy systems-panel on a roof which faces the front lot line pursuant to section 1206.03(a) (16)(A), “Accessory Uses/Structures - Solar Energy Systems” of the City of Hudson Land Development Code. The applicant is Stuart Lipp with Better Together Solar, 3821 Prospect Avenue, Cleveland, OH, 44115. The property owner is Christ Church Episcopal, 21 Aurora Street, Hudson, OH 44236 for the property at 21 Aurora Street in District 5 [Village Core District]. Attachments: BZBA Staff Report 20-824 Ms. Davey announced the applicant requested the application be continued to the next BZBA meeting. A motion was made by Mr. Wagner, seconded by Mr. Jahn, that this Variance be continued. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner C. BZBA 2020-836 A variance request of three hundred and sixty two (362) square feet from the maximum accessory structure size of one thousand two hundred (1,200) square feet resulting in an accessory structure size of one thousand five hundred and sixty two (1,562) square feet in order to construct a detached garage pursuant to section 1206.03(d) (5), “Accessory Use Development and Operational Standards - Maximum Building or Structure Size” of the City of Hudson Land Development Code. The applicant is Tony Lunardi with LDA Builders, 6683 Olde Eight Road, Peninsula, OH, 44264. The property owners are Jonathan E. and Anna White, 1909 Norton Road, Hudson, OH 44236 for the property at 1909 Norton Road in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA Staff Report 20-836 BZBA Packet 2018-16 - 15 John Clark Lane Mr. Tony Lunardi, LDA Builders, and Mr. Jonathan White, homeowner, were placed under oath by Chair Drew. Ms. Davey introduced the application for a variance of 362 square feet for an accessary structure by showing the site plan, describing the setbacks, showing photos of the property and describing the neighboring properties. Ms. Davey also reviewed the staff comments. Mr. White stated by building only one larger structure instead of two smaller structures it will allow the existing trees to remain. Mr. Lunardi also stated any requested landscaping will be complied with. The Board discussed: 1) The vehicles to be stored in the accessary structure. 2) How the accessary structure might be City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final October 15, 2020 turned into a living quarter. The applicant agreed to a condition that no sewer or septic be installed. 3) A storage area upstairs. 4) The possibility of making two structures with a five-foot separation. Mr. White explained this would cause trees to be cut and he believes not look as nice. 5) Mr. Lunardi stated building a larger attached garage would require cutting down a large maple tree and the difficulty of making a garage larger than four bays look attractive. 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, based on the evidence presented to the Board Mr. Wagner made a motion, seconded by Mr. Jahn to grant: A variance request of three hundred and sixty two (362) square feet from the maximum accessory structure size of one thousand two hundred (1,200) square feet resulting in an accessory structure size of one thousand five hundred and sixty two (1,562) square feet in order to construct a detached garage pursuant to section 1206.03(d)(5), “Accessory Use Development and Operational Standards - Maximum Building or Structure Size” of the City of Hudson Land Development Code. With the following conditions: 1. The structure may only be served by electricity and not by water and/or sewer service. 2. No living quarters will exist within the structure. The Board finds and concludes: 1. The property in question will yield a reasonable return and can be beneficial without the variance, however; by granting the variance the owner will be able to sufficiently suit his needs with storage of family vehicles. 2. The variance is insubstantial because the property is 2.93 acres and a five hundred and sixty two (562) square foot variance in relation to the size of the lot would be insubstantial. 3. The essential character of the neighborhood would not be substantially altered, and adjoining properties would not suffer a substantial detriment as a result of the variance because a neighboring property has a structure of similar size. 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 other method. The requested variance is the best alternative. 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: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business Staff reported two possible cases for the November BZBA meeting. Mr. Hannan stated all City Boards will be contacted regarding in person or Zoom meeting for following meetings. Mr. Jahn’s term on BZBA will expire at the end of 2020. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Minar, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ Robert P. Drew, Chair City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final October 15, 2020 ________________________________ 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 6