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, July 15, 2021 7:30 PM Town Hall 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: 4 - Ms. Bronstein, Mr. Drew, Ms. Keller and Mr. Wagner Absent: 1 - Mr. Dohner 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. Mr. Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 6-17-2021Minutes of Previous Board of Zoning & Building Appeals Meeting June 17, 2021 Attachments: 6-17-2021 Meeting Minutes A motion was made by Ms. Bronstein, seconded by Mr. Wagner, that the June 17, 2021 Minutes be approved as amended. The motion carried by an unanimous vote. VI. Public Hearings - New Business Present: 4 - Ms. Bronstein, Mr. Drew, Ms. Keller and Mr. Wagner Absent: 1 - Mr. Dohner A. BZBA 2021-553 A request for three (3) variances in order to construct an addition City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final July 15, 2021 on the existing garage. The variances are; 1. A variance request of sixteen (16) feet from the required side yard setback of twenty (20) feet, resulting in a side yard setback of four (4) feet pursuant to Section 1205.05(d)(5)(D)(1), “Property Development/Design Standards, 2. A variance request of twenty-eight (28) feet from the required front yard setback of fifty feet, resulting in a front yard setback of twenty-two (22) feet pursuant to Section 1205.05(d)(5)(C)(2), “Property Development/Design Standards”, and 3. A variance request from the requirement that doors of attached garages shall not face the street pursuant to Section 1205.05(d)(7)(C)(1), “Building Siting and Orientation - Private Garages” of the City of Hudson Land Development Code. The applicant is Rebecca Ault, 2899 Ravenna Street, Hudson, OH, 44236. The property owners are Robert & Rebecca Ault, 2899 Ravenna Street, Hudson, OH, 44236 for the property at 2899 Ravenna Street in District 2 [Rural Residential Conservation]. Attachments: BZBA Staff Report - 2899 Ravenna Street A motion was made by Ms. Keller, seconded by Mr. Wagner, that this application be continued. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Drew, Ms. Keller and Mr. Wagner B. BZBA 2021-721 A request for five (5) variances in order to allow two (2) parcels to be split into three (3) parcels. The variances are; Variance requests for lot identified as “Parcel A” (5876 Darrow Road: 1. A variance request for a twenty-five (25) percent increase of the maximum impervious surface coverage of fifty (50) percent, resulting in a lot that would have an impervious surface coverage of seventy-five (75) percent pursuant to Section 1207.01(a)(3)(B), “Maximum Impervious Surface Coverage”, 2. A variance request of 0.04 acres from the requirement that lots shall have a minimum lot size of 2.5 City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final July 15, 2021 acres, resulting in a lot size of 2.46 acres pursuant to section 1205.10(e)(3), “Property Development/Design standards”, Variance requests for lot identified as “Parcel B” (5874 Darrow Road): 3. A variance request of 1.334 acres from the requirement that lots shall have a minimum lot size of 2.5 acres, resulting in a lot size of 1.17 acres pursuant to section 1205.10(e)(2), “Property Development/Design standards”, 4. A variance request for a nine (9) percent increase of the maximum impervious surface coverage of fifty (50) percent, resulting in a lot that would have an impervious surface coverage of fifty-nine (59) percent pursuant to Section 1207.01(a)(3)(B), “Maximum Impervious Surface Coverage” and Variance request for lot identified as “Parcel C” (5860 Holland Drive): 5. A variance request of ten (10) feet from the requirement that all single-family dwelling lots shall have at least sixty (60) feet of frontage on a public street or roadway, resulting in a lot frontage of fifty (50) feet on Holland Drive. Additionally, the frontage on Holland drive includes a thirty (30) foot reservation strip, which prevents access to Holland Drive pursuant to Section 1208.05(g), “Lot Frontage/Access to Street” of the City of Hudson Land Development Code. The applicant is Mike Valentine, 118 West Streetsboro Street, Hudson, OH, 44236. The property owner is GTS Services LLC, 5876 Darrow Road, Hudson, OH, 44236 for the properties at 5876 Darrow Road, 5874 Darrow Road and 5860 Holland Drive in District 7 [Outer Village Commercial Corridor and Office Overlay Zone] and District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 5876, 5874 Darrow Road and 5860 Holland Road Ms. Davey introduced the application by displaying the parcels which have split zoning and a combined area of approximately 14.19 acres. Ms. Davey described the properties, explained the applicant’s variance requests for each property, reviewed the considerations, possible additional conditions and staff comments. Mr. Mike Valentine, applicant and owner of GTS Services, reviewed the history of the property, his business, the 99-year land lease, and his desire to sell one of the buildings and property. The Board, applicant and staff noted there will be no changes to impervious surface whether the variances are City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final July 15, 2021 granted or not granted. Also discussed was the minimal lot sizes per the LDC, the uniqueness of the driveway through the reservation strip, the difficulty of having one parcel with two different zoning districts, that the house on Parcel C has no tenants and the easement and license agreements requiring a conditional approval. The Board and staff then discussed the overlay portion of the property that contains the two commercial properties. The Board and staff also discussed the text amendment to allow town homes that was denied by City Council, impervious surface mitigation possibilities - although none were identified by Hudson City Engineering, the topography of the land in question, the flow of water on the properties, retaining ponds and storm sewers. Staff also explained the lot split which was done administratively and that there are no setback issues. Mr. Valentine explained the 99-year lease is no longer an issue and Mr. Hannan explained possible future developments of the new residential district which would go through the full public hearing process. Mr. Dennis Adamkiewicz, 1376 Faymont Drive, noted he believes the property must have two entrances, is concerned about heaver traffic in the future and requested sidewalks be installed. Mr. Hannan explained a street may be 900-feet before a second entrance is required, that sidewalks will be required if a residential development is installed and that a traffic study would probably be required if a larger development is proposed. The Board decided to merging the variances requests for one approval. 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 grant the variances with the following conditions: A request for five (5) variances in order to allow two (2) parcels to be split into three (3) parcels. The variances are; Variance requests for lot identified as “Parcel A” (5876 Darrow Road): 1. A variance request for a twenty-five (25) percent increase of the maximum impervious surface coverage of fifty (50) percent, resulting in a lot that would have an impervious surface coverage of seventy-five (75) percent pursuant to Section 1207.01(a)(3)(B), “Maximum Impervious Surface Coverage”, 2. A variance request of 0.04 acres from the requirement that lots shall have a minimum lot size of 2.5 acres, resulting in a lot size of 2.46 acres pursuant to section 1205.10(e)(3), “Property Development/Design standards”, Variance requests for lot identified as “Parcel B” (5874 Darrow Road): 3. A variance request of 1.334 acres from the requirement that lots shall have a minimum lot size of 2.5 acres, resulting in a lot size of 1.17 acres pursuant to section 1205.10(e)(2), “Property Development/Design standards”, 4. A variance request for a nine (9) percent increase of the maximum impervious surface coverage of fifty (50) percent, resulting in a lot that would have an impervious surface coverage of fifty-nine (59) percent pursuant to Section 1207.01(a)(3)(B), “Maximum Impervious Surface Coverage” and City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final July 15, 2021 Variance request for lot identified as “Parcel C” (5860 Holland Drive): 5. A variance request of ten (10) feet from the requirement that all single-family dwelling lots shall have at least sixty (60) feet of frontage on a public street or roadway, resulting in a lot frontage of fifty (50) feet on Holland Drive. Additionally, the frontage on Holland drive includes a thirty (30) foot reservation strip, which prevents access to Holland Drive pursuant to Section 1208.05(g), “Lot Frontage/Access to Street” 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 grants the variances with the following conditions: 1. Subject to the City of Hudson granting a license agreement through the 30ft reservation strip at the northern terminus of Holland Drive to provide driveway access to the existing single-family development at 5860 Holland Drive. All future improvements or development is required to comply with all applicable access and frontage standards of the Land Development Code. 2. Subject to the recording of a shared parking and access easement between Parcel A and Parcel B, subject to the review and approval of the City of Hudson. 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, the variance requests would ultimately improve parcel C to have it designated as residential on its own parcel. 2. The variances are both substantial and not 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 as the variances are for lot splits which would cause no physical changes to the parcels. 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 variances because the properties are in existence with the same structures on it and there will be no substantial change.A motion was made by Ms. Keller, seconded by Ms. Bronstein, that this Variance be approved with conditions. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Drew, Ms. Keller and Mr. Wagner City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final July 15, 2021 VII. Other Business Ms. Davey and Mr. Hannan noted: · There will be August applications. · The PC meeting regarding townhomes off Barlow Road and an AHBR informal application for a home on Sullivan Road built at grade with earth placed around the sides. · LDC updates which will come to BZBA for review in the upcoming months. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Ms. Bronstein, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ Robert P. Drew, Chair ________________________________ Louis Wagner ________________________________ 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