Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals Robert Drew, Chair John Dohner, Vice Chair Lydia Bronstein Kerri Keller Louis Wagner Greg Hannan, Community Development Director Amanda Davey, Associate Planner Thursday, March 18, 2021 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 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner III. Identification, by Chairman, of Amanda Davey, Associate Planner, Matt Vazzana, City Solicitor & Greg Hannan, Director of Community Development. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore in all who plan to speak during the first case. V. Approval of Minutes BZBA 1-21-2021Minutes of Previous Board of Zoning & Building Appeals Meeting January, 21 2021 Attachments: 1-21-2021 Meeting Minutes A motion was made by Mr. Dohner, seconded by Mr. Wagner, that the January 21, 2021 Minutes be approved as submitted. The motion carried by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VI. Public Hearings - New Business Chair Drew announced this meeting was available via-public live stream BZBA 2020 A variance request in order to allow construction of a self-storage -1051 facility. The request is a variance from the requirement to provide City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 sidewalks for new development pursuant to Section 1205.11(e)(9) (B)(1), “Property Development/Design Standards - Pedestrian Amenities/Linkages - Sidewalks” of the City of Hudson Land Development Code. The applicant is Joe Salemi, 10121 Northfield Road, Northfield, Ohio 44067. The property owner is Salemi/Redi Wash Family Limited partnership, 10121 Northfield Road, Northfield, Ohio 44067 for the properties at 5698 Hudson Drive District 8 [Industrial/Business Park]. Attachments: 4-15-2021 Memo to BZBA 3-18-2021 BZBA Staff Report Engineering Cost Estimate Memo 3-18-21 1-21-2021 BZBA Staff Report 12-17-2020 BZBA Staff Report Ms. Davey introduced the application that has been before BZBA for two previous meetings with two variances granted. Mr. Joe Salemi was present for the meeting and noted he has submitted documents to staff regarding the sidewalks on his property. Mr. Salemi also noted the City Masterplan has no plan for sidewalks or a bike path on Terex Road and that the City has proposed a payment-in-leu of $25,000 of installing sidewalks. Chair Drew affirmed receiving Mr. Salemi’s documents. Mr. Hannan reviewed the staff report and responded to Mr. Salemi's comments including: Shifting the location of the sidewalk which will reduce the overall cost, the court cases cited by Mr. Salemi as not being applicable to this application, granting a temporary variance is not in BZBAs authority, comments on the City Masterplan, the rational for the $ 25,000 payment-in-lieu proposal, the sidewalk requirements on Hudson Drive which is in District 8. Mr. Vazzana reviewed the communication from Hudson City Engineering which contains a dollar amount if BZBA makes a payment-in-lieu a condition of the variance. Mr. Salemi discussed the submitted document regarding the value of the property. Chair Drew noted the issue is not in the City Masterplan, it is in the LDC section 1205.11, which requires a new development to have sidewalks. Chair Drew also noted that during previous meetings regarding this application, a payment-in-lieu was discussed. The Board, Mr. Salemi and staff discussed the City Engineering payment-in-lieu amount, the possibility of continuing the application to allow negotiations between the applicant and City Engineering regarding the payment-in-lieu. Mr. Hannan stated he did not believe the cost submitted by the City Engineer is negotiable and the document submitted by Crestco Real Estates is based on an assumed cost of sidewalk construction of $218,000 instead of the City Engineer’s cost of $25,000. Chair Drew and Mr. Salemi discussed BZBA granting a continuance based on the City Engineering Department's report being received late in the afternoon. Mr. Vazzana stated the City Engineer’s dollar amount is based on the City paving program and was supplied for the benefit of BZBA, as is customary in payment-in-lieu variances. Mr. Salemi requested a continuance of the application until the April meeting. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 Mr. Wagner made a motion to grant a continuance, Ms. Keller seconded the motion. The motion to continue the application to the April 2021 meeting was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Drew, Ms. Keller and Mr. Wagner Nay: 1 - Mr. Dohner BZBA 2021-139 A request for an appeal, pursuant to Section 1212.01, from the final action or decision made by the Architectural and Historic Board of Review on January 27, 2021 to deny the applicants request per application 20-155 at 258 North Main Street in the City of Hudson’s Historic District. The applicant is Jeffrey Ury - Alair Homes, 198 Portage Trail Ext W., Cuyahoga Falls, Ohio 44223. The property owners are Jeff and Kari Forsyth, 258 North Main Street, Hudson, Ohio 44236 for the property at 258 North Main Street in District 5 [Historic Residential Neighborhood - Historic District]. Attachments: BZBA Staff Report - 258 North Main Street Architectural Design Standards, Rehabilitation Standards, NPS Briefs Mr. Jeffrey Ury, Alair Homes and Mr. Jeff Forsyth, homeowner. were present for the meeting and placed under oath by Chair Drew. Ms. Davey introduced the application by displaying photos and elevations as well as the history of the application, including AHBR meetings, stop work orders, non-permitted work and an AHBR application denial. Ms. Davey and Mr. Hannan also reviewed the non-approved work done on the house and clarified the issues before the Board. Mr. Ury stated he believes the AHBR ruled incorrectly and the fiber cement siding will be more durable with less maintenance than wood siding. He also noted inconsistence’s in the AHBR rulings including allowing fiber cement in some places and not it in others. Mr. Forsyth noted all the work which is completed and his desire not to replace work that is well done. The Board, the applicants and staff discussed: Why incorrect materials were used, the work done by a previous project manager who verbally claimed to have approval, the responsible party for correcting the incorrect work, the design standards AHBR used for their determination and the lack of evidence that those standards were applied incorrectly, the value placed on houses in the Historic District and their historicity, a cost of $15,000 to $18,000 to correct the situation and the clarity of the AHBR plans requiring wood lap siding be used. Mr. Ury also discussed homes in the Historic District that have been allowed to use non-compliant products. Mr. Hannan and the Board discussed the applicant’s statements regarding inconsistencies in decisions by the AHBR. Mr. Vazzana and the Board discussed the standard of review BZBA is to use, reviewed the minutes from the AHBR meetings regarding this case and discussed the narrow nature of the application before BZBA. After the hearing of evidence on this matter at a public hearing and considering the standards set forth in the City of Hudson Land Development Code and the Secretary of the Interior Standards of Rehabilitation, Mr. Dohner made a motion, seconded by Mr. Wagner, that the Board of Zoning and Building Appeals deny the Appellant’s appeal of the Architectural and Historic Board of Review’s final action or decision dated January 27, 2021, regarding the Appellant’s City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 request per application 20-155 to install cement fiber board siding on the addition at 258 North Main Street. 1. The property is at 258 North Main Street, Summit County Parcel No. 320112, Hudson, Ohio 44236 and is approximately 0.41 acres. 2. The property is owned by Jeffrey & Kari Forsyth. 3. The property is located in District 4, Historic Residential Neighborhood and is a considerable contribution to the City of Hudson’s Historic District. 4. On June 11, 2020 A zoning certificate was issued for case number 20-155 that reflecting an addition with wood lap siding. 5. On December 7, 2020 a stop work order was issued as the contractor exceeded the scope of work. 6. On January 27, 2021 after significant discussion, the Architectural and Historic Board of Review unanimously denied the proposed fiber cement board siding. 7. On February 15, 2021 the Appellant filed for an appeal with the Board of Zoning and Building Appeals to overturn the decision made by the Architectural and Historic Board of Review on January 27, 2021 per application 20-155 at 258 North Main Street to deny the request for cement fiber siding on the addition. 8. At the northwest corner of this addition, the newly installed north elevation wood siding abuts the recently installed fiber cement board siding at an outside corner. Two different wall materials should only meet where there is an inside corner to create consistent materials for the mass. This method of material installation was appropriately done for the 2017 rear addition which contains fiber cement siding; however, is inset from and stands separate from the main mass. 9. The 2020 addition contains a historic wall surface at the rear that was raised to create a more function second floor. The already installed cement fiber siding on this wall surface now places a modern substitute material (fiber cement siding) on a historic façade (that was approved to be wood) in direct violation of the Architectural Design Standards Section III-2(b)(3)(i). 10. The Architectural Design Standards Section III-2 (b)(3)(ii)(a) state that when considering appropriate materials for additions to historic structures: The placement of the addition shall be reviewed to determine its visibility from the public realm. The addition directly faces the public realm at the south portion of the house. This orientation further strengthens the determination to require matching materials of the historic structure. 11. The AHBR appropriately administered the applicable review criteria as the installation of cement board siding is not compatible with the wood siding located within the same mass, causes a modern substitute material to be placed on the same plans as a historic wall, and is highly visible from the public realm. 12. The board of Zoning and Building Appeals denied the appeal because: The Architectural and Historic Board of Review appropriately administered the applicable review criteria related to this request. Based upon the evidence the board heard, previous meeting minutes to the AHBR, and testimony that was elicited, there was nothing that was presented that shows there was anything but an appropriate administration by the Architectural and Historic Board of review. The motion was approved by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-150 A request for a variance in order to permit construction of an City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 addition to the rear of the dwelling. The applicant is requesting a variance of three (3) feet from the required fifteen (15) foot side yard setback, resulting in a twelve (12) foot side yard setback in pursuant to section 1205.06 (d)(5)(D)(1), “District 3: Outer Village Residential Neighborhood, Property Development/Design Standards - Minimum side yard setbacks” of the City of Hudson Land Development Code. The applicant is Richard Siegfried - RSA Architects, 10 North Main Street, Chagrin Falls, Ohio 44022. The property owners are Zachary and Rachel Boaz, 332 Simon Road, Hudson, Ohio 44236 for the property at 332 Simon Road in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 332 Simon Road Ms. Davey introduced the application by displaying the proposed site plan, elevations, describing the project, noting this project was reviewed by the AHBR and reviewing the staff report. Ms. Rachel and Mr. Zachary Boaz, and Mr.Makc, were present for the meeting. Chair Drew noted two letters from neighbors have been received from neighbors that are in support of the application. Mr. Majc noted the house is currently in violation of the setbacks and displayed photos showing the addition will face a windowless garage on the neighboring property. Mr. Boaz noted he was unaware that the house is in violation of the setbacks before this project began and that his neighbors are supportive of the proposed work. The Board and applicants discussed reducing the size of the addition which would eliminate the need for the variances Mr. Majc stated if the project as a whole is completed, it necessitates the variance. Mr. Majc also noted the project is a significant upgrade that will make the interior of the home more functional and attractive while increasing the value of the home and neighboring homes. The Board noted the encroachment into the setback is only one story, which lessens the impact of the variance. Mr. Wagner made a motion, seconded by Ms. Keller, 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 grant: A variance of three (3) feet from the required fifteen (15) foot side yard setback, resulting in a twelve (12) foot side yard setback in pursuant to section 1205.06 (d)(5)(D)(1), “District 3: Outer Village Residential Neighborhood, Property Development/Design Standards - 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 variance; however, by granting the variance the property will be enhanced and adding property value to the surrounding properties. Additionally, the adjacent properties owners have given written support for the variance. 2. The variance is insubstantial as the existing house is encroaching in the setback and the rear corner of the addition will be at a lessened encroachment. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 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 the variance would only be impacting the garage side of the adjacent neighbor where there are no windows. 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 requirements. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. A motion was made by Mr. Wagner, seconded by Mrs. Keller, that this Variance be approved. The motion carried by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VII. Other Business Mr. Hannan and the Board discussed the form of future BZBA meeting via zoom, in person or a hybrid model. Ms. Davey stated there are cases for the April meeting. Mr. Vazzana and staff discussed the possibility of a May training session. VIII. Adjournment Seeing no further business, the Board unanimously voted to adjourn the meeting. ________________________________ 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 6 Board of Zoning & Building Appeals Meeting Minutes - Final March 18, 2021 City of Hudson, Ohio Page 7