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, September 16, 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. Dohner, Mr. Drew and Mr. Wagner Absent: 1 - Ms. Keller III. Identification, by Chairman, of Amanda Davey, Associate Planner and 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 BZBA 7-15-2021Minutes of Previous Board of Zoning & Building Appeals Meeting July 15, 2021 Attachments: 7-15-2021 Meeting Minutes - Draft A motion was made by Ms. Bronstein, seconded by Mr. Wagner, that the July 15, 2021 Minutes be approved as amended. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner VI. Public Hearings - New Business BZBA 2021-850 A request for three (3) variances pertaining to the restoration of Brandywine Creek to improve function and habitat. The variances City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 are; 1. A variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero-setback pursuant to section 1207.03(e)(2) , “Wetland/Stream Corridor Protection - Wetland Setbacks” 2. A variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero-setback pursuant to section 1207.03(e) (1)(B), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks” 3. 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” of the City of Hudson Land Development Code. The applicant is Brad Kosco - City Engineer, 1140 Terex Road, Hudson, OH, 44236. The property owner is The City of Hudson, 1140 Terex Road, Hudson, OH, 44236 for the property on Morse Road, between W. Prospect Street and Owen Brown Street in District 4 [Historic Residential Neighborhood] Attachments: BZBA Staff Report - Brandywine Creek Restoration Brandywine Creek Restoration Wetland Delineation Ms. Davey introduced the application by displaying and describing the site, explaining the scope and purpose of the project, reviewing the Duncan Factors and staff comments. Mr. Brad Kosco, City of Hudson Engineer, described the partners in the work, the work to be done and the purpose for the work. The Board, applicant and staff discussed the project time limits to receive the grant money, the current drainage of the stream and the temporary nature of the requested variance. Mr. Wagner referred to the August 9, 2021, letter describing the project. Ms. Pat Belby, 107 Atterbury Blvd, questioned if the railroad bridge will be affected, Mr. Kosco said no. Mr. James Yard, 401 Cutler Lane, asked if this is connected to any further development of Phase 2? Mr. Hannan stated no. Mr. Jack McNeil, 1201 Cutler Lane, questioned if a pedestrian path is being contemplated in this area? Mr. Kosco stated no path is part of this project. The Commissioners discussed the positive value of the project to Hudson citizens. Based on the evidence presented to the Board by the applicant Brad Kosco, Mr. Wagner made a motion, seconded by Ms. Bronstein, that the Board of Zoning and Building Appeals City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 grant the following variance: A request for three (3) variances pertaining to the restoration of Brandywine Creek to improve function and environmental habitat. The variances are; 1. A variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero-setback pursuant to section 1207.03(e)(2), “Wetland/Stream Corridor Protection – Wetland Setbacks” 2. A variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero-setback pursuant to section 1207.03(e)(1)(B), “Wetland/Stream Corridor Protection – Stream Corridor Setbacks” 3. 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” of the City of Hudson Land Development Code. With the following condition: 1. The project will be conducted in substantial conformance to the August 9, 2021 memo prepared by Brad Kosco, City Engineer- to be given to the Board of Zoning and Building Appeals. The Board finds and concludes; 1. The property in question will not yield a reasonable return and there can not be a beneficial use of the property without the variances. The variances will allow for the reconnection of the stream to the on-site floodplains. Additionally, the variances would allow the property to remain a protected nature preserve. 2. The request is one hundred (100) percent of the requirement which is substantial; however, the nature of the work will be beneficial to the long-term health and function of Brandywine Creek. 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 will allow for more stormwater storage along with a better downstream flow. The variances will also allow the removal of vegetative invasive, or non-native shrubs and plants that are reducing the bio habitats in the area. 4. The variance would not adversely affect the delivery of governmental services and would improve the function and habitat of Brandywine Creek. 5. The City of Hudson has owned this property since 1995, prior to the adoption of the Land Development Code. 6. The applicant's predicament feasibly cannot be resolved through some other method City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 other than granting the variance because the variances are required in order to restore this portion of Brandywine Creek. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner BZBA 2021-980 A request for three (3) variances pertaining to the dam improvements at the lower and upper lake, including the introduction of additional storm water management. The variances are; 1. A variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero-setback pursuant to section 1207.03(e)(2) , “Wetland/Stream Corridor Protection - Wetland Setbacks” 2. A variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero-setback pursuant to section 1207.03(e) (1)(B), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks” 3. 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” of the City of Hudson Land Development Code. The applicant is Brad Kosco - City Engineer, 1140 Terex Road, Hudson, OH, 44236. The property owner is The City of Hudson, 1140 Terex Road, Hudson, OH, 44236 for the properties at 41 S. Oviatt Street, which includes parcels 3202110 and 320022 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - Barlow Community Center Dam Improvements Barlow Community Center Dam Improvements Wetland Delineation Ms. Davey introduced the application by displaying and explaining a map of the area, describing the project, the purpose of the project, reviewing the Duncan Factors and staff comments. Mr. Brad Kosco, Hudson City Engineer, described the grant received, the purpose and benefits and the scope of the work . Mr. Kosco also described the two dams and two different projects, one to the upper lake dam and one to the lower lake City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 dam, which are part of the variance. Mr. Kosco also noted tree clearing, project planning and approvals are completed. The Board, applicant and staff discussed: The work to be done, the tributaries and watersheds, the hiking paths that will be restored following construction, the areas of disturbance, the temporary nature of the upper lake variances and the permanent lower lake dam work. Mr. Kosco also noted dredging will take place to the lower lake during the project and may need to take place in future years. Mr. Drew opened the meeting to Public Comment. There were no Public Comments. Based on the evidence presented to the Board by the applicant, Ms. Bronstein made a motion, seconded by Mr. Dohner, that the Board of Zoning and Building Appeals grant the following variances: A request for three (3) variances pertaining to the dam improvements at the lower and upper lake, including the introduction of additional storm water management. The variances are; 1. A variance of fifty (50) feet from the required wetlands setback of fifty (50) feet resulting in a zero-setback pursuant to section 1207.03(e)(2), “Wetland/Stream Corridor Protection – Wetland Setbacks” 2. A variance of seventy-five (75) feet from the required stream corridor setback of seventy-five (75) feet resulting in a zero-setback pursuant to section 1207.03(e)(1)(B), “Wetland/Stream Corridor Protection – Stream Corridor Setbacks” 3. 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” of the City of Hudson Land Development Code. With the following condition: 1. The project will be conducted with substantial similarities to the August 19, 2021 memo that was written to Amanda Davey, Associate Planner from Brad Kosco, City Engineer – to be given to the Board of Zoning and Building Appeals. The Board finds and concludes; 1. The property in question will not yield a reasonable return and there can not be a beneficial use of the property without the variances. The variances will address documented safety improvements required by ODNR and allow for storm water storage improvements. 2. Although the variances are substantial, the variances are necessary to preserve and improve the dams and the storage expansion will be beneficial to the long term function of the two lakes 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 design addresses concerns the nearby residents had during a public meeting regarding this project. Additionally, the alterations that are proposed are necessary to City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 preserve the environment. 4. The variance would not adversely affect the delivery of governmental services and would improve the functions of the dams and allow for additional stormwater management. 5. The City of Hudson owns the property and is aware of the Land Development Code requirements. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner BZBA 2021-963 A request for two (2) variances pertaining to the construction of an accessory structure (pool cabana) and an addition to the home. The variances are; Variance request pertaining to the accessory structure (pool cabana): 1. A variance of ten (10) feet from the required fifteen (15) foot rear yard setback resulting in a rear yard setback of five (5) feet pursuant to section 1205.06(d)(5)(E) (3), “Property Development/Design Standards - Setbacks”. Variance request pertaining to the construction of an addition to the home: 2. A variance of eight (8) feet from the required fifteen (15) foot side yard setback resulting in a side yard setback of seven (7) feet pursuant to section 1205.06(d)(5) (D)(1), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code. The applicant is Quinn Miller - Peninsula Architects, 1775 Main St, Peninsula, Ohio 44264. The property owners are Brent and Amy Van Hala, 181 Hudson Street, Hudson, OH, 44236 for the property at 181 Hudson Street in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 181 Hudson Street Ms. Davey introduced the application by displaying and describing the site plan, reviewing the relevant codes, how the Duncan Factors apply to the requested variances and staff comments. The Board decided to deal with the two variances separately. Mr. Joseph Matava, Peninsula Architects, Mr. Quinn Miller, landscape engineer and Mr. Brett Van Hala, homeowner, City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 discussed the topography of the area including water drainage difficulties. Mr. Van Hala discussed: Concerns regarding stormwater runoff, the reasons for the structure being situated in the proposed location, the root system of a large oak tree, the minimization of hardscape and privacy concerns for his family and neighbors. The Board, staff and applicants discussed: 1) The many locations on the property which would not need a variance. Mr. Miller stated the proposed location is the preferred. 2) Mr. Miller noted the topography of the property and house will create a larger dam if other locations are used for the cabana and that a ridge and swale by the pool will move the water off the property. 3) The Board noted the proposed location seems to be the worst location for moving water off the property . 4) Mr. Van Hala described the water problems with other locations. 5) One problem of moving the cabana closer to the porch is shade on the pools from trees. 6) The large amount of water created by Western Reserve Academy runoff. 7) Staff discussed easements as related to setbacks. 8) The existing drainage lines. 9) The applicant stated if the variance is denied he expects to still put in a pool and will make decisions about installing a cabana. 10) The location of the pumps and filters. Ms. Davey stated Hudson Engineering noted other drainage options are possible if the cabana and pool are relocated . Chair Drew referenced communication from Hudson Public Power. At the request of the Board, Ms. Davey discussed similar variances in the neighborhood. The Board discussed the possibility of Hudson Public Power driving through the easement areas and that the proposed cabana location is described as a preference. Mr. Hannan reviewed a summary of a granted variance in the neighborhood for an accessory structure. Based on the evidence presented to the Board by the applicant Quinn Miller – Peninsula Architects, Mr. Dohner made a motion, seconded by Mr. Wagner, that the Board of Zoning and Building Appeals deny the following variance: A variance of ten (10) feet from the required fifteen (15) foot rear yard setback resulting in a rear yard setback of five (5) feet in order to construct a pool cabana, pursuant to section 1205.06(d)(5)(E)(3), “Property Development/Design Standards – Setbacks”. 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. There are other placement options for the structure on the property. 2. The request is substantial as it is two thirds of the requirement resulting in a five-foot setback when the Land Development Code requires a fifteen-foot side yard setback. 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 adjacent property is owned by Western Reserve Academy which has been used as an athletic field. 4. Granting the variance could adversely affect the delivery of governmental services as the structure is proposed in an easement that is owned by Hudson Public Power. City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 5. The existing regulations were in affect when the owners purchased the property in 2014. 6. The applicant's predicament feasibly can be resolved through some other method other than granting the variance as the applicant has other placement options but has stated this proposal is preferable. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by denying the variance. The motion to deny the variance was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner Ms. Davey introduced this variance request by describing the proposed work, displaying the site plan, noting this is to replace an existing structure and will reduce the overall footprint on the property. Mr. Matava described the previous structure and the proposed work which will be more in keeping with the house than the current structure. Mr. Matava also explained the reason for the proposed height of the structure. The Board, staff and applicants discussed the rational for the variance when it is replacing another structure. The Board discussed this as an improvement to the property in essentially the same footprint. Based on the evidence presented to the Board by the applicant Quinn Miller, Mr. Dohner made a motion, seconded by Ms. Bronstein, that the Board of Zoning and Building Appeals hereby grant the following: A variance of eight (8) feet from the required fifteen (15) foot side yard setback resulting in a side yard setback of seven (7) feet in order to construct an addition, pursuant to section 1205.06(d)(5)(D)(1), “Property Development/Design Standards – 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 grants 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 variance as a similar variance was granted before and this project is proposed to not exceed that footprint. 2. The request is insubstantial as the proposal is replacing a structure that is already existing with the same footprint. 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 as the proposal is replacing a structure that is already existing with the same footprint. City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 4. The variance would not adversely affect the delivery of governmental services. 5. The existing regulations were in affect when the owners purchased the property in 2014. 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: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner BZBA 2021-968 A request for a variance of five (5) feet from the required side yard setback of fifteen (15) feet resulting in a side yard setback of ten (10) feet in order to build an accessory structure detached garage pursuant to section 1205.06(d)(5)(D)(4), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code. The applicant is Rebecca Pantuso - Pantuso Architecture, 30 S. Franklin Street, Chagrin Falls, Ohio 44022. The property owner is Aimee Moledor Sergi, 79 Fox Trace Lane, Hudson, OH, 44236 for the property at 79 Fox Trace Lane in District 3 [Outer Village Residential Neighborhood]. Attachments: 79 Fox Trace Memo to BZBA for 10-21-2021 Meeting BZBA Staff Report - 79 Fox Trace Lane Ms. Davey introduced the application by describing the project, displaying the site plan, reviewing previous improvements, noting considerations from the Duncan Factors and reviewing the staff comments. Ms. Rebecca Pantuso, Pantuso Architecture, described the nature of and purpose of the garage, the need for the variance, other options considered, photos of the property and displayed photos of the project in relation to neighboring properties. The Board, staff and applicant discussed entering and exiting the garage, the size of the proposed garage, other locations for the garage, the height and shape of the wall, moving the garage to the center of the yard which will necessitate approximately 500 square feet of additional concrete, the neighboring houses having ten-foot setbacks, the lack of value of the space between garages to the current homeowner, the potential value of the land between the garages for future owners, the difficulty of reducing the size of the garage while making it architecturally appealing. Ms. Pantuso requested the meeting be continued to the October 21, 2021 meeting. Mr. Dohner made a motion, seconded by Ms. Bronstein, that the application be continued to the next regularly scheduled BZBA meeting. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Mr. Drew and Mr. Wagner City of Hudson, Ohio Page 9 Board of Zoning & Building Appeals Meeting Minutes - Final September 16, 2021 VII. Other Business Ms. Davey discussed the October BZBA applications. . VIII. Adjournment A motion was made by Mr. Dohner, seconded by Ms. Bronstein, 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 10