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, May 20, 2021 6:30 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. Board Training City Solicitor Matt Vazzana presented rules regarding: The Ohio Open Meetings Act, Ohio Sunshine Laws and Ethics Laws. Mr. Hannan discussed meeting rules. IV. Identification, by Chairman, of Amanda Davey, Associate Planner & Greg Hannan, Director of Community Development. V. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in Mr. Hannan and Ms. Davey. VI. Approval of Minutes BZBA 4-15-2021Minutes of Previous Board of Zoning & Building Appeals Meeting April 15, 2021 Attachments: 4-15-2021 Meeting Minutes A motion was made by Ms. Keller, seconded by Ms. Bronstein, that April 15, 2021 Minutes be approved as submitted. The motion carried by an unanimous vote. VII. Public Hearings - New Business Chair Drew announced this meeting is available via-public live stream City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 BZBA 2021-397 A variance request to allow an accessory structure (detached garage) to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operation Standards” of the City of Hudson Land Development Code. The applicant is Greg Chaplin, 596 S. Elm Ave, Tallmadge, Ohio 44278. The property owners are Rick and Rowan Wehrmann, 1335 Connecticut Woods Drive, Hudson, Ohio 44236 for the property at 1335 Connecticut Woods Drive in District 2 [Rural Residential Conservation]. Attachments: BZBA Staff Report - 1335 Connecticut Woods Drive Ms. Davey introduced the application by displaying the site plan, photos of the property, alternative locations for the garage, describing the project and reviewing the staff comments. Chair Drew swore in Mr. Greg Chaplin and Mr. Rick Wehrmann who described the drainage swale in the rear of the property and the desire to use an existing concrete pad as part of the new garage as reasons for requesting the variance . Mr. Wehrmann also displayed an email from the nearest neighbor who had no objections to the garage as proposed and showed four other properties within a one-half mile radius that have garages on the side of the main structure. The Board and applicants discussed the cost of locating the garage in an area that does not require a variance and the additional concrete needed with different locations. Mr. Wehrmann noted the garage will be used as a welding area and storage for two cars. The Board and staff discussed the reasons variances were given for accessory structures at 1335 Connecticut Woods and other nearby properties. The applicant and Board noted moving the proposed garage further back on the property would place the wellhead under the driveway. The Board also discussed the large size of the property and the minimal impact to any neighbor. 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, Ms. Keller made a motion, seconded by Mr. Dohner, that the Board of Zoning and Building Appeals hereby grant: A variance request to allow an accessory structure (detached garage) to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operation Standards” of the City of Hudson Land Development Code. 1. The accessory structure cannot be used for residential purposes or any sort of living arrangements. 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 waives one hundred percent of the requirement. However, it is a very large property, City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 so the placement of the accessory structure is less substantial. 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. 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 of the water well placement and drainage issues existing on the property. 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 2021-312 A variance request from the requirements that a building is only permitted an internally illuminated building sign in pursuant to section 1207.17(g)(1)(B)(2), “Sign Illumination, Construction and Maintenance Standards - Internal Illumination” of the City of Hudson Land Development Code. · 1. Setback a minimum of 500 feet away from the front lot line. Subject site is setback 106 feet, resulting in a variance of 394 feet; and · 2. Have a minimum building size of 100,000 square feet. Subject site has a gross floor area of 42,071 square feet resulting in a variance of 57,929 square feet. The applicant is Jim Scherer - A Sign Above, 8982 Dutton Drive, Twinsburg, Ohio 44087. The property owner is Hudson 42 LLC, 5301 Grant Avenue Street Suite 100, Cleveland, Ohio 44125 for the property at 6288 Hudson Crossing Parkway in District 6 [Western Hudson Gateway]. Attachments: BZBA Staff Report - 6288 Hudson Crossing Parkway Ms. Davey introduced the application by displaying a site plan, reviewing staff comments and noting neighboring buildings were granted variances for internally lighted signs. Mr. Jim Scherer, A Sign Above, and Mr. Jerry Graszewski, Premier Development, were sworn in by Chair Drew. Mr. Scherer discussed the need for the lighted sign and the fact that no other buildings on the street have externally lighted signs. Mr. Graszewski noted the light from this sign will be contained to the letters with no spill over. The Board and applicant discussed the types of light allowed by the Land Development Code, the total size of the building, the impact of not adhering to the LDC for future variance requests and that this is a commercial area where Hudson City Council established the rules. Mr. Graszewski noted the hardships of the distance from the building to the road and the size of the building being determined by the wetlands. The Board also noted the applicant could have requested a wetlands variance which would have resulted in a larger building, therefore meeting one of the internal sign City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 conditions. The Board and applicant noted the signage regulations may not be keeping up with technology and may require revisions to the LDC by City Council. The Board also discussed times the LDC signage regulations were defended by not allowing requested signs. The Board noted while not meeting either of the internally lighted sign criterion, the wetlands caused the size and setbacks of the building to not be met. The Board also discussed that City Council wrote the regulations and it is not the role of BZBA to rewrite the regulations. 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. Wagner made a motion, seconded by Mr. Dohner, that the Board of Zoning and Building Appeals APPROVE the variance requested. A variance from the requirements that a building is only permitted an internally illuminated building sign in pursuant to section 1207.17(g)(1)(B)(2), “Sign Illumination, Construction and Maintenance Standards - Internal Illumination” of the City of Hudson Land Development Code. · 1. Setback a minimum of 500 feet away from the front lot line. Subject site is setback 106 feet, resulting in a variance of 394 feet; and · 2. Have a minimum building size of 100,000 square feet. Subject site has a gross floor area of 42,071 square feet resulting in a variance of 57,929 square feet. 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. However, because the building abuts wetlands in the rear, and it is a goal of Hudson to preserve wetlands, the building was not set back as far as it could have been, nor does it have the required size, in order to protect the wetlands. 2. The variance request is substantial as the setback would only represent 21% of the requirement and the building size would only represent 42% of the requirement. However, because of the competing goals of the City of Hudson, the preference is to maintain the wetlands and grant a variance for a lighted sign that is not set back the required distance nor is of the required size. 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 there are other properties within this area that do have internally illuminated building signs. 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 as the Land Development Code will allow for the property have an externally illuminated building sign. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would not be done by granting the variance. The motion to approve the variance FAILED by the following vote: Aye: 2 - Mr. Drew and Mr. Wagner Nay: 3 - Ms. Bronstein, Mr. Dohner and Ms. Keller City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 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, Ms. Keller made a motion, seconded by Ms. Bronstein, that the Board of Zoning and Building Appeals DENY the variance requested. A variance from the requirements that a building is only permitted an internally illuminated building sign in pursuant to section 1207.17(g)(1)(B)(2), “Sign Illumination, Construction and Maintenance Standards - Internal Illumination” of the City of Hudson Land Development Code. · 1. Setback a minimum of 500 feet away from the front lot line. Subject site is setback 106 feet, resulting in a variance of 394 feet; and · 2. Have a minimum building size of 100,000 square feet. Subject site has a gross floor area of 42,071 square feet resulting in a variance of 57,929 square feet. 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 request is substantial as the setback would only represent 21% of the requirement and the building size would only represent 42% 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 variance because there are other properties within this area that do have internally illuminated building signs. 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 as the Land Development Code will allow for the property have an externally illuminated building sign. 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: 3 - Ms. Bronstein, Mr. Dohner and Ms. Keller Nay: 2 - Mr. Drew and Mr. Wagner BZBA 2021-435 A side yard setback variance request in order to permit construction of a front porch and rear addition to the home. The request is a variance of seven (7) feet from the required side yard setback of fifteen (15) feet resulting in a side yard setback of eight (8) feet to permit construction of an addition pursuant to section 1205.06(d)(5) (D)(1), “Minimum Side Yard Setbacks - Principal Residential Structure” of the City of Hudson Land Development Code. The applicant is David Ferek, 94 Ravenna Street, Hudson, Ohio 44236. The property owners are David and Susan Ferek, 94 Ravenna Street, Hudson, Ohio City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 44236 for the property at 94 Ravenna Street in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 94 Ravenna Street Ms. Davey introduced the application by displaying the site plan, describing the proposal, noting the project has received an informal review by AHBR and reviewing staff comments including the purchase of the property prior to the existing Land Development Code. Chair Drew noted a letter fully supporting the project was received from Mr. Steven Noffsinger, 102 Ravenna Street. Mr. David Ferek, applicant, was sworn in by Chair Drew and explained his desire for a first-floor master bedroom to allow for greater usefulness of the house and the possibility of Mr. and Ms. Ferek ageing in place. Mr. Ferek also stated the project will make better use of space and return the house to a more historic look. The Board, staff and applicant discussed the placement of the addition on the property, the possibility of using other locations which would not require a variance, that the variance request is not greater than exists at present, the purpose of the addition and the difficulties brought about by the unusual lot shape. The Board discussed previous setback applications that have been denied, however in this case the applicant is not requesting any additional intrusion into the setback than exists today and the property was purchased prior to the applicable LDC. Based on the evidence presented to the Board by the applicant, 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, at a public hearing was held remotely via video conference, Mr. Dohner made a motion, seconded by Mr. Wagner that the Board of Zoning and Building Appeals grant the following variance. A request for a side yard setback variance in order to permit construction of a front porch and rear addition to the home. The request is a variance of seven (7) feet from the required side yard setback of fifteen (15) feet resulting in a side yard setback of eight (8) feet to permit construction of an addition pursuant to section 1205.06(d)(5)(D)(1), “Minimum Side Yard Setbacks - Principal Residential Structure” 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 beneficial use of the property without the variance. 2. The variance is insubstantial as the house already encroaches in the side yard setback and the side yard setback will not be increased. 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. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property without knowledge of the zoning requirements as the current regulations were adopted in 1999 and the applicant purchased the property in 1998. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as it is a century home that is particularly difficult to upgrade while still preserving the historic nature. The motion was approved by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-458 A variance request to allow an accessory structure (detached garage) to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operation Standards” of the City of Hudson Land Development Code. The applicant is Cheryl Brooks - Prestige Builder Group, 20 Park Ledge Ln, Peninsula, Ohio 44264. The property owner is Deborah Kuchar, 1650 Middleton Road, Hudson, Ohio 44236 for the property at 1650 Middleton Road in District 1 [Suburban Residential Neighborhood]. Attachments: BZBA Staff Report - 1650 Middleton Road Ms. Davey introduced the application by displaying the site plan, describing the project, reviewing the applicable LDC Section and reviewing staff comments and considerations. Chair Drew noted BZBA received an email from Mr. Robert and Ms. Susan Benic, 1682 Middleton Road, which stated they had no concerns with supporting the project. Chair Drew also noted the Benics are on the side of the property away from the proposed garage. Mr. Jon Russell and Ms. Elaine Schmidt, Prestige Builder Group, were sworn in by Chair Drew and stated they believe the best area to place the garage is the proposed site because it aligns with and compliments the house and is over 100-feet away from the neighboring house. Using photos of the property and proposed project, Mr. Russell noted the proposed location will make use of the existing driveway, will require less new concrete than other locations and not change the path of water into the pond. The Board noted this variance application is primarily a convenience for the homeowner while there are other locations available that will not require a variance. The Board and applicant discussed attaching the garage to the existing structure which may obviate the need for a variance. Mr. Russell requested the application be continued to the next regular meeting. A motion was made by Ms. Keller, seconded by Ms. Bronstein, that this Variance be continued. The motion carried by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VIII. Other Business Mr. Hannan and Ms. Davey stated there are currently three applications for the June BZBA meeting which will be held at Town Hall. City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final May 20, 2021 IX. 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 8