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, April 15, 2021 7:30 PM Via Video Conference & Live Stream 27 East Main Street 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 & Greg Hannan, Director of Community Development. IV. Swearing in of Staff and Audience Addressing the Board. Chair Drew swore in Mr. Hannan and Ms. Davey. V. Approval of Minutes BZBA 3-18-2021Minutes of Previous Board of Zoning & Building Appeals Meeting March 18, 2021 Attachments: 3-18-2021 Meeting Minutes A motion was made by Ms. Keller, seconded by Mr. Dohner, that the March 18, 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 is 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 April 15, 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 by noting Mr. Salemi has discussed the application with City staff. Mr. Joe Salemi was sworn in by Chair Drew and noted his questions were answered by the engineering department and he would like to spread the payments over a number of years. Mr. Hannan noted a payment plan has not been done in the past and recommends payment at the issuance of the certificate. The Board, Mr. Salemi and staff discussed the money being due at issuance of the variance, associated problems of not paying at the issuance and possible solutions. The Board also discussed the cost of the sidewalk relative to the cost of the project along with the rising cost of materials. Mr. Hannan discussed the needed approvals from Planning Commission and other details of Mr. Salemi’s project. Mr. Wagner made a motion, seconded by Mr. Dohner based on the evidence presented to the Board that the Board of Zoning and Building Appeals hereby grants the following with one condition: A variance from the requirement to provide 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. 1. Applicant shall submit cash in the amount of $25,401.60 -in-lieu of installing a sidewalk in accordance with the Assistant City Engineer’s estimate letter dated March 18, 2021 and said cash shall be submitted in full by the Applicant prior to the issuance of a Zoning Certificate by the City. The Board finds and concludes; 1. The property in question will not yield a reasonable return and there cannot be a beneficial use of the property without the variance. 2. The variance is substantial as it is waiving 100% of the code requirement. 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 variances as there are no other sidewalks on Terex Road. 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. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 15, 2021 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance because of the cost of installing the sidewalks on the site in light of the site’s unique topography. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance with the associated conditions. This matter was approved. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-50 A request for variances in order to permit construction of an inground pool and fence. The variance requests are- 1] A variance from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, wetlands and their setbacks pursuant to section 1207.03(c), “Prohibited Activities”, and 2] A variance of thirty-nine (39) feet from the required fifty (50) foot wetlands setback resulting in a setback of eleven (11) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks - Wetlands” of the City of Hudson Land Development Code. The applicant is Andrew Robinson, 6721 Rosewood Trail, Hudson, Ohio 44236. The property owners are Andrew and Julie Robinson, 6721 Rosewood Trail, Hudson, Ohio 44236 for the property at 6721 Rosewood Trail in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 6721 Rosewood Trail 6721 Rosewood Trail- Davey Resource Group Delineation Letter 4-7-21 Ms. Davey introduced the application by displaying the site plan, noted the appropriate Land Development Codes that do not allow building on or near wetlands and noted another location on the property will allow a smaller variance while increasing Mr. Robinson’s costs. Ms. Davey also noted that the wetlands have increased in size over the years. Mr. Andrew Robinson, homeowner, was placed under oath and described the project as maximizing privacy for his family and neighbors. He also noted the $30,000 to $35,000 cost of demolishing the existing patio if the variance is not granted and the pool built within the wetlands setbacks. The Board, Mr. Robinson and staff discussed the growth of the wetlands which encroached toward Mr. Robinson’s property, the small size of the lot and that the proposed pool is within the property setbacks. Staff explained the level one wetland is the lowest grade of wetlands and that all three grades of wetlands have a 50-foot setback in all districts except District 6 and 8, which require no setback for a level one wetlands. Mr. Hannan stated staff has confidence in the wetland delineation and the City of Hudson Engineering Department’s report is not concerned about water issues being caused by this variance. The Board noted the small size of the wetlands and the Davey Resources Report stating these growing wetlands are a result of the housing development. Mr. Dohner made a motion, seconded by Ms. Keller, based on the evidence presented to the Board, the Board of Zoning and Building Appeals hereby grant, with one condition: · A variance from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 15, 2021 wetlands and their setbacks pursuant to section 1207.03(c), “Prohibited Activities”, and · A variance of thirty-nine (39) feet from the required fifty (50) foot wetlands setback resulting in a setback of eleven (11) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks - Wetlands” of the City of Hudson Land Development Code. 1. An appropriate landscaping buffer be installed as determined by City staff. 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 variances. 2. The variance is insubstantial as the wetlands in question are of category I which is the lowest category of wetlands. 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 variances because the lot immediately adjacent to this property is not currently buildable because of the wetlands on the property. 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 because the current patio area would cause a great expense to re-locate. 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: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-208 A variance request of thirteen (13) feet from the required side yard setback of fifteen (15) feet resulting in a side yard setback of two (2) feet to permit construction of an accessory structure detached garage pursuant to section 1205.06(d)(5)(D)(4), “Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Michael Ramsey, 279 Boston Mills Road, Hudson, Ohio 44236. The property owners are Michael and Lisa Ramsey, 279 Boston Mills Road, Hudson, Ohio 44236 for the property at 279 Boston Mills Road in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 279 Boston Mills Road Ms. Davey displayed the Plot Plan for the property and noted the applicable codes which do not allow the proposed location of the detached garage. Ms. Davey also reviewed the staff comments and stated a site visit was conducted by the City of Hudson Engineering Department. Mr. Michael Ramsey, homeowner, was sworn in by Chair Drew and explained his desire to build a garage at the end of his driveway which will allow him to store a trailer along with other equipment and this is the minimal size that will meet his needs. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 15, 2021 The Board, Mr. Ramsey and staff discussed the need for the garage in this location as well as a maple tree on the edge of the driveway and the cost of additional drainage and approximately 800 square feet of concrete if staff’s recommended location is used. Also discussed was staff’s proposed location necessitating the removal of the pergola in the backyard. The Board noted the roofline of the proposed garage will add approximately one foot to the variance request leaving a setback of only one-foot. Mr. Ramsey also stated removing the tree will create a hole, he did not request a letter from his neighbor and the only utility will be electric. The Board noted concern that this is a variance request in a residential neighborhood for business purposes. Ms. Keller made a motion, seconded by Mr. Wagner, based on the evidence presented to the Board that the Board of Zoning and Building Appeals hereby denies the following: A variance request of thirteen (13) feet from the required side yard setback of fifteen (15) feet resulting in a side yard setback of two (2) feet to permit construction of an accessory structure detached garage pursuant to section 1205.06(d)(5)(D)(4), “Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. 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 denies the variance requested. 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 variances. 2. The variance is substantial as it will eliminate most of the side yard setback. 3. The essential character of the neighborhood would be substantially altered, and adjoining properties would suffer a substantial detriment as a result of the variances because this would eliminate most of the side yard setback between the two properties. 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 can be resolved through some other method other than granting the variance. The applicant could re-configure the location of the accessory structure or make the structure smaller in size in order to meet the required setbacks. 7. The spirit and intent behind the zoning requirement would not be observed and substantial justice would not be done by granting the variance. The motion to deny the variance was approved by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-261 A request for variances from the requirement to utilize public water in order to have a water well on the properties to construct two single-family homes pursuant to section 1207.11(b)(1), “Adequate Public Facilities- Water/Wastewater” of the City of Hudson Land Development Code. The applicant is John Becker - Schumacher Homes, 6911 Post Lane, Hudson, City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final April 15, 2021 Ohio 44236. The property owner is Schumacher Homes of Akron Canton Inc, 2715 Wise Ave NW, Canton, Ohio 44708 for the property at 1407 & 1425 Middleton Road District 1 [Suburban Residential Neighborhood]. Attachments: BZBA Staff Report - 1407 & 1425 Middleton Road BZBA Case 2020-119 Staff Report & Minutes Ms. Davey introduced the application by displaying photos of the properties, noting that BZBA granted a variance in April 2020 to the requirement of using public sewer and that a house will be built on each of the properties. Ms. Davey also noted a water main will need to be run approximately 585 feet with a cost of $111,000 as opposed to $6488 for water wells, per property. Staff also noted the property across Middleton Road did receive a variance for a water well. Ms. Davey also reviewed the staff comments. Mr. John Becker, Schumacher Homes, was sworn in by Chair Drew and explained that initially public water was planned for the projects, however the cost became prohibitive. The Board, Mr. Becker and staff discussed the $55,000 cost for each property for public water. Staff could not confirm or dispute the cost presented by the applicant for the public water. Mr. Becker stated he has the breakdown of the costs and a secondary quote that is higher, and that public water would require removing small trees and the apron of each driveway. Mr. Wagner made a motion, seconded by Ms. Bronstein, based on the evidence presented to the Board that the Board of Zoning and Building Appeals hereby grants the following with one condition: A request for variances from the requirement to utilize public water in order to have water wells on the properties to construct two single-family homes pursuant to section 1207.11(b)(1), “Adequate Public Facilities- Water/Wastewater” of the City of Hudson Land Development Code. 1. When City water becomes available along the frontage of the subject properties the owners of the properties will be required to utilize city water. The Board finds and concludes; 1. The property in question will not yield a reasonable return and there cannot be a beneficial use of the property without the variances because the cost of utilizing public water is very high compared to the cost of installing a water well. 2. The variance is substantial as it waives one hundred percent of the requirement. 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 variances because most properties on Middleton Road are utilizing water wells. 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. The motion was approved by the following vote: City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final April 15, 2021 Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VII. Other Business Staff noted: There are application for the May meeting which will be via Zoom. City Solicitor Matt Vazzana may conduct Board training at the May meeting. Chair Drew noted an open house at City Hall on May 7, 2021 for Board members. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Ms. Keller, that the meeting be adjourned. The motion carried by an unanimous vote. Seeing no further business, Chair Drew adjourned 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 7