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, November 18, 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 & 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 Minutes of the previous Board of Zoning & Building Appeals Meeting 10-21-2021 October 21, 2021 Attachments: 10-21-2021 Meeting Minutes - DRAFT A motion was made by Ms. Bronstein, seconded by Ms. Keller, that the October 21, 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 - New Business BZBA 2021-1186A request for three (3) variances to allow construction of a new 9,373 square foot office and art gallery building. The variances requests are: City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final November 18, 2021 1. A variance from the requirement that the main entrance to the principal structure shall face the street pursuant to section 1205.08(d)(11)(E)(2), “Property Development/Design Standards - Building Siting and Orientation” and 2. A variance from the requirement that for non-residential uses, a minimum of seventy-five percent of the front wall of commercial/retail buildings shall be built to the edge of the front sidewalk or front property line pursuant to section 1205.08(d)(7)(A)(2) “Property Development/Design Standards - Setbacks” and 3. A variance from the requirement that commercial/retail buildings shall maintain a continuous wall plane at the front property line pursuant to section 1205.08(d)(11)(E)(1), “Property Development/Design Standards - Building Siting and Orientation” of the City of Hudson Land Development Code.] The applicant is Nate Bailey, Peninsula Architects, 1775 Main Street, Peninsula, OH 44236. The property owners are Mbi Real Estate, Inc and the City of Hudson. for the properties consisting of parcel numbers #3204008, #3204007, #3204006, #3204005, #3203943 and #3204009 in District 5 [Village Core Gateway] Attachments: BZBA Staff Report 2021-1186 (Peg's Foundation) Ms. Davey introduced the application by displaying the site plan, describing the project including the buildings, gardens, walkways and describing the desired variances and applicable Land Development Codes. Ms. Davey also noted the project was before Planning Commission on October 11, 2021, their decision is included in the staff report. The project was also informally reviewed by the AHBR on September 22, 2021 and October 13, 2021, and will return to AHBR following the decisions on the requested variances. Ms. Davey then reviewed the staff comments. Mr. Rick Keller, Peg’s Foundation Chair, described the purpose and work of Peg’s Foundation, the history of the proposed project, Peg’s focus on mental health and the use of art in this upscal gallery. Mr. Keller also described the partnership with the Baldwin-Buss Foundation in redeveloping the house and the surrounding underutilized property which will become a legacy campus. Also presented was the work Peg’s Foundation has done with the redevelopment of other properties in Hudson. The Board and Ms. Keller discussed the relationship of Peg’s Foundation to the Burton Morgan Foundation - both of which have independent boards and different missions. Mr. Keller also discussed financial aspects of the project and the cooperative agreements between the two foundations concerning the work to be done, how the properties will be utilized and the preservation agreement of the house. The Board and Mr. Keller discussed the level of community involvement in the project and the community’s appreciation of Mr. and Mrs. Morgan’s Foundations and this project. Mr. Joe Matava, Peninsula Architects, discussed the two parts of the project: 1) The Baldwin-Buss House. 2) The City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final November 18, 2021 proposed project. Also discussed was how the proposed land and buildings will fit into downtown Hudson. Mr. Matava stated the orientation of the property toward the parking and walking areas of downtown are dictating the location of the doors and the intent to reduce the density of buildings on the property by removing some existing buildings. Mr. Matava displayed and explained the proposed elements of the project and their uses as gallery’s, public gatherings and private spaces. He also noted the elevations will serve to minimize scale and allow use as an amphitheater. Also discussed were the entries to the building, the lack of pedestrian traffic on the south side and the sloping grading as reasons for the large glass wall and door variance. The Board and applicant discussed, the proposed work on the Baldwin-Buss House which will not be done by Peninsula Architects, the divergent styles of the Baldwin-Buss House and the proposed work and Mr. Matava’s review of the Secretary of the Interior’s comments regarding new buildings in a historic area. The Board’s comments regarding the look of this building compared to the existing buildings, parking, the opening of the glass wall for occasional large events and parking for staff and the public. Ms. Davey, Mr. Hannan, Mr. Matava and the Board discussed the similarities between variances two and three regarding the wall, the possibility of a faux door and the associated problems of an additional door including wind, grading, door coverings and the narrowness of the building. Mr. Matava discussed Peninsula Architect’s desire to maintain the historic views during the master planning. The Board commented on the uniqueness of this project with the functional gallery and office space and the associated problems of additional doors. Mr. Matava, at Chair Drew’s request, explained why three variances are being requested and the reason for not placing the proposed building further to the south. There were no public comments. The Board noted this property fronts three streets, that AHBR seems to be in agreement with this basic design, the precedence allowing these variances may set while keeping in mind this is a non-profit intended to benefit the community and the door request being intended to benefit the community. Ms. Keller made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board at a public hearing, the Board of Zoning and Building Appeals hereby grants the following: 1. A variance from the requirement that the main entrance to the principal structure shall face the street pursuant to section 1205.08(d)(11)(E)(2), “Property Development/Design Standards – Building Siting and Orientation” and 2. A variance from the requirement that for non-residential uses, a minimum of seventy-five percent of the front wall of commercial/retail buildings shall be built to the edge of the front sidewalk or front property line pursuant to section 1205.08(d)(7)(A)(2) “Property Development/Design Standards – Setbacks” and 3. A variance from the requirement that commercial/retail buildings shall maintain a continuous wall plane at the front property line pursuant to section 1205.08(d)(11)(E)(1), “Property Development/Design Standards – Building Siting and Orientation” 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 City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final November 18, 2021 variance. 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, granting the variances requested will make the property more beneficial to the public. 2. The requested variance relative to the front door orientation is more substantial that the requested variances relative to the front wall plane. 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 2020. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variances as all other options were thoroughly vetted and the requested variances are the best option for the layout of the building and needing the ADA accessibility. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. The requested variances are to benefit the community, make the space more accessible, and still be able to facilitate pedestrian connection. The motion was approved by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VII. Other Business This matter was discussed BZBA 2022 2022 Board of Zoning and Building Appeals Meeting Schedule Attachments: BZBA 2022 Meeting Calendar A motion was made by Mr. Dohner, seconded by Ms. Bronstein, that the 2022 calendar be approved. The motion carried by the following vote: Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner VIII. Adjournment A motion was made by Ms. Keller, seconded by Mr. Dohner, that the meeting be adjourned. The motion carried by an unanimous vote. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final November 18, 2021 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 5