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, November 19, 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 Amanda Davey, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA Minutes of Previous Board of Zoning & Building Appeals Meeting: October 10-15-2020 15, 2020 Attachments: 10-15-2020 Meeting Minutes A motion was made by Mr. Minar, seconded by Mr. Wagner, that the October 15, 2020 Minutes be approved as submitted. The motion carried by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Abstain: 1 - Mr. Dohner VI. Public Hearings - New Business VI. Chair Drew announced this meeting was available to view, an archived video will be made available afterwards for the record and public comments were to be submitted to staff and would be read at the meeting and added to the record. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final November 19, 2020 A. BZBA 2020-970 A variance request to the requirement that an enlargement of a nonconforming use shall not exceed twenty-five (25) percent of the building area of an existing two thousand one hundred twelve (2,112) square foot nonconforming use in order to construct a one thousand fifty-six (1,056) square foot detached garage resulting in an enlargement of fifty (50) percent of a nonconforming single-family use pursuant to Section 1206.05(e)(1)(C) “Nonconforming Uses - Enlargement” of the City of Hudson Land Development Code. The applicant is Jacob Fischer, 5411 Hudson Drive, Hudson, OH, 44236. The property owners are Jacob Michael Fischer and Rebecca L. Delgado, 5411 Hudson Drive, Hudson, OH, 44236 for the property at 5411 Hudson Drive in District 8 [Industrial/Business Park]. Attachments: BZBA Staff Report 2020-970 Previous BZBA Staff Report and Decision Ms. Davey displayed the property in question, photos of the surrounding area, structures on the property, the site plan, location of the proposed detached garage, noted the property is 1.3 acres in District 8 with a single family residential home that is listed as a non-conforming use. Ms. Davey also noted a variance for this project was previously approved on October 18, 2018, however work did not commence, therefore, the variance lapsed. The present non-conforming use request is changed from 992 square feet to 1056 square feet and is intended for personal work space and vehicle storage. Ms. Davey also reviewed the staff report. Mr. Jacob Fischer, property owner, was present for the meeting and explained that the 2018 variance was not begun because of problems with his contractors. He is now prepared to build the garage. The Board questioned the 62 square foot difference, which Mr. Fischer describe as a larger decorative facade. The Board and staff discussed the decision to review the application under the non-conforming use standards instead of as a variance that would use the Duncan Factors. The Board and Mr. Fischer discussed the expense of being required why he was required to appear before the Board. Chair Drew explained variances and non-conforming uses in the LDC as well as the zoning changes in 1999. The Board also discussed that no living quarters for human habitation now or in the future would be permitted. The Board and Mr. Hannan discussed the adjacent property to the North which has a 30 acre parcel that has requested a land use change to Industrial/Residential. This will not affect Mr. Fischer's zoning. Chair Drew closed the public portion of the meeting. 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, Mr. Minar made a motion, seconded by Mr. Dohner, that the Board of Zoning and Building Appeals grant a request to enlarge a nonconforming use to construct a detached garage with the following conditions: 1. The garage shall only be used for storage purposes and not living space. 2. The decision and findings of the Board of Zoning and Building Appeals from October 18, 2018, per case 2018 -32. The Board finds and concludes: City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final November 19, 2020 1. The enlargement would not interfere with the operation of conforming uses in the District or with circulation on adjacent public street. 2. The enlargement would cause no greater adverse impacts on surrounding properties than did the original nonconforming use. 3. The enlargement does not exceed twenty-five percent (25%) of the area that the nonconforming use occupied as of the effective date of the Land Development Code. 4. Increases and enlargements do not exceed one hundred fifty percent (150%) of the area within the existing exterior walls of the building that the nonconforming use occupied and said use and building existed as of the effective date of the Land Development Code. The motion was approved by the following vote: Aye: 5 - Mr. Dohner, Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VII. Other Business The Board discussed the December agenda with four agenda items. Ms. Davey also noted the solar panel project at the Episcopal Church will not be considered in December. VIII. Adjournment A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ Robert P. Drew, Chair ________________________________ Mr. John 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 3