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, October 21, 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: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner III. Identification, by Chairman, of Amanda Davey, Associate Planner. 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 9-16-2021Minutes of Previous Board of Zoning & Building Appeals Meeting September 16, 2021 Attachments: 9-16-2021 Meeting Minutes - Draft A motion was made by Mr. Wagner, seconded by Mr. Dohner, that the September 16, 2021 Minutes be approved as amended. The motion carried by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VI. Public Hearings - Old Business 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 City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 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 reviewing the September BZBA meeting and the AHBR preference for the design submitted to BZBA in lieu of redesigning the project. Ms. Rebecca Pantuso, Pantuso Architecture, reviewed other designs and placements of the accessory building with their associated problems and displayed the site plan including the relationship of this property to the neighboring properties. The Board, applicant and staff discussed the separation between this accessory structure and the neighboring garage, the purpose and cost of removing the retaining wall or a portion of the retaining wall, drainage issues, respecting the request of the AHBR to grant the variance to allow the proposed building, the proposed garage being further back than the neighboring garage and the lack of information regarding the placement of the neighboring garage. Chair Drew opened the meeting for public comments. There were no public comments and Ms. Davey noted there were no comments from the neighbors. Chair Drew noted while he was onsite he had a conversation with a neighbor who does not object to the structure as proposed. Mr. Dohner made a motion, seconded by Mr. Wagner, based on the evidence presented to the Board on Thursday, September 16, 2021 and Thursday, October 21, 2021, the Board of Zoning and Building Appeals hereby grants the following: 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. 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 condition: 1. The accessory structure will not contain any kitchen or bathroom facilities of any kind and will not have any habitable living space. 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 this is for additional garage space and the owner will still have the existing garage space for storage. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 2. The request is substantial as it is a 33% requested variance; however, it would result in a 10-foot setback. This is a unique property as it is in a neighborhood where there are multiple accessory structures/principal structures that have a 10-foot setback. This accessory structure will not be adjacent to the immediate neighbor’s accessory structure with a 10-foot 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 variance because there are other properties in the neighborhood that have accessory structures and principal structures at a 10-foot setback. 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 2012. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance. There is not an option that doesn’t require some destruction of a patio or a reduction of the size of the proposed accessory structure. The applicant has taken the matter to the Architecture and Historic Board of Review, and it was stated by the board that the original – larger design would be in better character with the house and the neighborhood. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VII. Public Hearings - New Business BZBA 2021-807 Two (2) variance requests to allow construction of an attached garage and additions to an existing residence in the Historic District. The variance requests are: 1. A variance of three (3) feet from the required twenty-five (25) foot side yard setback for an attached side facing garage in District 4, resulting in a side yard setback of twenty-two (22) feet pursuant to section 1205.07(d)(6)(B)(4)- “Property Development/Design Standards - Setbacks” and 2. A variance of three (3) feet from the required forty (40) foot rear yard depth setback for a principal structure in District 4, resulting in a rear yard depth setback of thirty-seven (37) feet pursuant to section 1205.07(d)(6)(C)(1)- “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code. The applicant is Anthony Frammartino, 135 Franklin Street, Hudson, Ohio 44236. The property owner is Anthony Frammartino, 132 Franklin Street, Hudson, OH, 44236 for the property at 132 Franklin Street in District 4 [Historic Residential City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 Neighborhood] within the City of Hudson’s Historic District. Attachments: BZBA Staff Report - 132 Franklin Street Ms. Davey introduced the application by describing the nature and location of the property and the requested variances . Ms. Davey also noted the AHBR Informal Review which found the proposed plans were in direct conflict with the historic guidelines for this home and the revised plans still represent a significant change to its historical design. Ms. Davey then reviewed the staff comments. Mr. Anthony Frammartino, homeowner, discussed the changes to the plans following the AHBR Informal Review, his desire to remove the functional obsolesce of the current second floor and the reasons for requesting the variances. The Board, applicant and staff discussed the encroachment on the school property, the lack of response from the school to the applicants request for an easement on the encroached area, the upcoming return to AHBR for approval, that the utility distance requirement between the power lines and the structure does not apply to this attached structure, the location of a detached garage, the planned reuse of the siding of the existing garage, that only 25-percent of the non-conforming existing garage may be redeveloped, the plans to rehabilitate the area between the school and property and that no further encroachment will happen because of this work. Chair Drew opened the meeting for public comments. There were no public comments. Ms. Keller made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board on Thursday, September 16, 2021 and Thursday, October 21, 2021, the Board of Zoning and Building Appeals hereby grants the following: 1. A variance of three (3) feet from the required twenty-five (25) foot side yard setback for an attached side facing garage in District 4, resulting in a side yard setback of twenty-two (22) feet pursuant to section 1205.07(d)(6)(B)(4)- “Property Development/Design Standards – Setbacks” and 2. A variance of three (3) feet from the required forty (40) foot rear yard depth setback for a principal structure in District 4, resulting in a rear yard depth setback of thirty-seven (37) feet pursuant to section 1205.07(d)(6)(C)(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 variances 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 as there is an existing usable garage on the property. 2. The requested variances are not substantial as the variance relative to the side yard would represent a 12% deviation from the code and meets 88% of the required 25-foot setback and the variance relative to rear yard would represent an 8% deviation from the code and will meet 92% of the requirement. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 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 variances as this appears to be a step forward for this property and the Architectural and Historic Board of Review will determine whether the design will impact the historic nature of the neighborhood. 4. The variances would not adversely affect the delivery of governmental services. 5. The existing regulations were in affect when the owners purchased the property in 2021. 6. The applicant's predicament feasibly can be resolved through some other method other than granting the variance as the applicant could consider constructing a detached garage; however, that option will likely cause other issues relative to the utility easement to the rear of the property. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-923 A request for three (3) variances to allow construction of an accessory structure (shed). The variances requests are: 1. A variance to allow an accessory structure to be located in the front yard when the code requires accessory structures to be located in the rear yard pursuant to section 1206.03(d)(1), “Accessory Uses/Structure - Accessory Use Development and Operation Standards” and 2. A variance of six (6) feet from the required fifteen (15) foot side yard setback, resulting in a side yard setback of nine (9) feet pursuant to section 1205.06(d)(5)(D)(4), “Property Development/Design Standards - Setbacks” and 3. A variance of eight (8) feet from the required fifty (50) foot front yard setback, resulting in a front yard setback of forty-two (42) feet pursuant to section 1205.06(d)(5)(C)(1), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code. The applicant is Tim Williams, 2648 Harland Drive, Hudson, Ohio 44236. The property owners are Timothy & Kimberly Williams, 2648 Harland Drive, Hudson, OH, 44236 for the property at 2648 Harland Drive in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 2648 Harland Drive Ms. Davey introduced the application by displaying and describing the property and project, reviewing the staff comments and noted the included definitions of a front, side and rear yard. City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 Chair Drew and Ms. Davey noted ten neighbors who sent correspondence regarding the application, nine in favor and one in opposition. Mr. Tim Williams, applicant, noted if the shed is moved to the required fifteen feet, it would be put it in the middle of his backyard which he believes would be a worse for him and the neighbors. Mr. Williams also stated landscaping, a play area and a sloping side yard make other placements of the shed impractical. He further stated that a good feature of the neighborhood is the variety of structure styles and displayed photos from the proposed shed location of neighboring properties, to show the shed will have low visibility. Mr. Williams also brought a signed affidavit from most of the neighbors abutting his property supporting the application and stated the project will increase the value of the property . The final argument was the desire to remove dangerous products from his garage into a shed. The Board, applicant and staff discussed the map showing the difficulty of placing the shed in an area that does not require a variance and the difficulty of building on a corner lot. Mr. Williams described his confusion as the reason for beginning the project and pouring the concrete pad prior to receiving a permit. Additional screening was discussed. Chair Drew opened the meeting for public comments. There were no public comments. Board discussion centered on the three variances, the need to meet the City design standards, the difficulty of the topography of this unique lot, that while it is technically a front yard - it appears to be a side yard and the desire for additional landscaping around the shed. Mr. Wagner made a motion, seconded by Ms. Keller, based on the evidence presented to the Board on Thursday, October 21, 2021, the Board of Zoning and Building Appeals hereby grants the following: 1. A variance to allow an accessory structure to be located in the front yard when the code requires accessory structures to be located in the rear yard pursuant to section 1206.03(d) (1), “Accessory Uses/Structure – Accessory Use Development and Operation Standards” and 2. A variance of six (6) feet from the required fifteen (15) foot side yard setback, resulting in a side yard setback of nine (9) feet pursuant to section 1205.06(d)(5)(D)(4), “Property Development/Design Standards – Setbacks” and 3. A variance of eight (8) feet from the required fifty (50) foot front yard setback, resulting in a front yard setback of forty-two (42) feet pursuant to section 1205.06(d)(5)(C)(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 with the following conditions: 1. The applicant shall, in consultation with the City Arborist, install and maintain appropriate landscape buffering on the sides of the accessory structure. The Board finds and concludes; 1. The property in question will yield a reasonable return and there can be a beneficial use City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 of the property without the variances; however, granting the variances will enhance the usability of the property in question which has unique topography and is on a corner lot. 2. The requested variances are substantial as the Land Development Code does not permit accessory structures in the front yard; however, this particular property is a corner lot and has a significant amount of front yard and significant less side yard and rear yard. Additionally, the property has significant sloping making it a challenge to find another logical location for the structure. 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 variances would not adversely affect the delivery of governmental services. 5. The existing regulations were in affect when the owners purchased the property in 2021. 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 variance. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-1088A 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 Quinn Miller - Peninsula Architects, 1775 Main Street, Peninsula, Ohio 44264. The property owners are Neil & Christine Messner, 35 York Drive, Hudson, OH, 44236 for the property at 35 York Drive in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA Staff Report - 35 York Drive Ms. Davey introduced the application by displaying the site plan, describing the property and project, reviewing relevant LDC issues and the staff comments. Chair Drew referenced communication from the property owners at 41 York Drive. Mr. Quinn Miller, Peninsula Architects, noted the accessory structure was placed as close to the LDC requirements as possible while maintaining a cohesive design structure and allowing use of the rear yard. The Board, applicant and staff discussed the demolition to be done and minimal new concrete apron, the lack of need for a side yard variance if there was not a rear porch, the function and large size of the proposed structure. City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 Mr. Neil Messner, homeowner, noted the desire to place two cars and various equipment in the proposed garage. Mr. Messner distributed photos of the structure and landscape screenings and described the basement and the existing garage size. The Board and Ms. Davey discussed the circumstances needed to make this an attached garage. Mr. Messner stated this will not be used for habitation. Mr. Quinn stated work on the landscaping and stonework is continuing with landscaping architects. The Board and applicant discussed the necessity of the dormers for making the upper loft more usable via a ladder and the roof style. Mr. Joseph Matava, Peninsula Architects, noted the size of the proposed structure in relation to the house. Mr. Peter Manders, 41 York Drive, noted he has submitted written documentation to the Board. As follow up he suggested a number of alternatives: 1) Adding a third bay to his existing garage. 2) Avoid the need for a variance by building a smaller structure which is angled. 3) Place the structure at the south of the property which would require an additional curb cut. Mr. Manders also noted the variance is 50-percent, which is substantial. 4) Open space could be preserved by building a smaller structure. The Board and staff considered the location of Mr. Manders home and his comments, many of which require additional research and would still require variances. (Mr. Manders spoke again away from the microphone which was not hearable.) Mr. Quinn noted additional driveway area will increase the impervious surface. The Board and applicant discussed the possibility of adding a third bay. Mr. Matava noted the turn radius, the limited space on the pie-shaped lot and the existing landscaping make the third bay impractical. Mr. Matava also noted the sanitary easement on the south of the property would prohibit placing a building there. (Numerous times Mr. Manders spoke away from the microphone while pointing at the screen and could not be heard.) Mr. Wagner made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board on Thursday, October 21, 2021, the Board of Zoning and Building Appeals hereby grants the following: A variance 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. 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 condition: 1. The accessory structure will not contain any kitchen or bathroom facilities of any kind and will not have any habitable living space. 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 there is an existing attached garage on the property that can be used for storage. City of Hudson, Ohio Page 8 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 2. The requested variance is substantial; however, the property is a corner lot, and the existing sunroom does change the amount of area that is considered to be rear yard and side yard. 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 there is a substantial wooded area that operates as a significate amount of buffering. 4. The variances would not adversely affect the delivery of governmental services. 5. The existing regulations were in affect when the owners purchased the property in 2007. 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. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VIII. Other Business Ms. Davey stated there is at least one application for the November meeting and that a Text Amendment is being considered for internally illuminated signs in Districts 6 and 8. IX. 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 9 Board of Zoning & Building Appeals Meeting Minutes - Final October 21, 2021 * * * City of Hudson, Ohio Page 10