Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Thursday, December 16, 2021 7:30 PM Town Hall 27 East Main Street 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 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 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 Previous Board of Zoning & Building Appeals Meeting 11-18-2021 November 18, 2021 Attachments: 11-18-2021 Meeting Minutes - DRAFT A motion was made by Mr. Wagner, seconded by Mr. Dohner, that the December 16, 2021 minutes be approved. 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 2021-1276The subject of this hearing is for two (2) variance requests to allow for grading/fill within a delineated wetland. The variances are: 1. 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”, and 2. A variance of fifty (50) feet from the required fifty (50) foot wetlands setback resulting in a setback of zero (0) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks - Wetlands” of the City of Hudson Land Development Code. The applicant is Anthony Silverio, 2475 Bramfield Way, Hudson, Ohio 44232. The property owner is, Anthony Silverio, 2475 Bramfield Way, Hudson, Ohio 44232 for the property at 2475 Bramfield Way in District 2 [Rural Residential City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 Conservation] within the City of Hudson. Attachments: BZBA Staff Report - 2475 Bramfield Way Army Corp of Engineers Nationwide Permit Ms. Davey introduced the application by describing the property, the proposed project and reviewing the wetlands regulations as well as the purpose of the project. Ms. Davey also noted the applicant has received authorization from the Army Corps of Engineers and reviewed the staff considerations. Chair Drew noted that nine correspondences have been received regarding the project with seven in favor of the variance, including the homeowner’s association and two opposed. Mr. Anthony Silverio and Ms. Sarah Silverio, applicants, described substantial damage to their basement caused by repeated flooding from standing water in his backyard that enters the house and landscaping changes he began in the backyard prior to understanding the permitting process. Mr. Silverio noted he now has authorization from the Army Corps and what he has done to mitigate any problems to the neighbors. Pictures of the landscaping, water issues and damage to the basement were also distributed to the Board. The Board Members, staff and applicant discussed: 1) How mounding will be for aesthetics while the fill will be the main way of mitigating the problem. 2) That the proposed solution may be inadequate and additional engineering may be needed to solve the problem. 3) The frequency of standing water on the applicant’s property. 4) Communication from a neighbor to the Board Members stating concerns that removing water from the applicant’s property will reroute the water onto the neighbor’s property. Mr. Silverio stated that part of this plan is to remove dead vegetation which inhibits drainage of the entire area and he believes this will help with the neighbor’s standing water. Ms. Davey noted that Hudson Engineering has approved the proposed work. 5) The history of the wetland’s delineations for this subdivision and the current wetlands codes which were developed prior to 2001. 6) The history of the water problems, both inside and outside the applicant’s home and the problem becoming greater as time goes on. 7) The applicant stated the wetland area is category two. 8) The work done by City Engineering leading up to approving the proposed work was doing no harm to the neighbors’ properties. 9) The Conservation Easement has been approved by the homeowner’s association. 10) The Board Members noted this is most likely a problem that has developed with the increase of impervious surface in the neighborhood. 11) Staff and the Board Members noted the applicant may not have know this was a wetland area when purchasing the house. Seeing no one else wishing to comment, Chair Drew opened the meeting to Public Comment. Mr. Brian Canterberry, 6192 Wessington Dr., noted the applicant’s problem is common to the neighborhood and encouraged the Board Members to grant approval for the application. Chair Drew closed Public Comment. The Board Members noted the difficulty of the applicant’s problem, discussed how this variance might impact future variance requests and noted the specific request of this variance is for grading. Ms. Keller made a motion, seconded by Mr. Dohner, based on the evidence presented to the Board on Thursday, December 16, 2021, the Board of Zoning and Building Appeals hereby grants the following: 1. 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”, and 2. A variance of fifty (50) feet from the required fifty (50) foot wetlands setback resulting in City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 a setback of zero (0) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks – Wetlands” 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 scope of work will be in conformance with the site plan received October 30, 2021, and presented to the BZBA and in conformance with the Army Corp of Engineers Nation Wide Permit per case no. 2021-1276. 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 a house there and can be lived in, but it appears there may be ongoing water problems which can be disruptive and extremely expensive. 2. The requested variances are substantial as the proposed work would be a zero (0) foot setback from the wetlands. 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 there is an abundance of support from neighboring properties and there is no evidence that the proposed work would disrupt the character 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 2018; however, the applicant may not have known there were wetlands on the property. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variances as the applicant would need a variance to do any sort of work to the rear of their property as their entire back yard is within wetlands or the fifty (50) foot wetland setback. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. Wetlands are important and should be protected; however, when living in the middle of a wetland and to mitigate drainage issues the applicant provided a well thought out plan that has been approved by numerous parties including the Army Corp of Engineers. Additionally – the City of Hudson Engineering Department reviewed the plans and found it would not exacerbate any drainage issues on neighboring properties. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-1277The subject of this hearing is for two (2) variance requests to allow construction of a single-family dwelling. The variances are: City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 1. 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”, and 2. A variance of thirteen (13) feet from the required fifty (50) foot wetlands setback resulting in a setback of thirty-seven (37) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks - Wetlands” of the City of Hudson Land Development Code. The applicant is George Conner, 334 Woodridge Drive, Peninsula, Ohio 44264. The property owner is George Conner, 334 Woodridge Drive, Peninsula, Ohio 44264 for the property at 652 Boston Mills Road in District 3 [Outer Village Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 652 Boston Mills Road 652 Boston Mills Road Wetland Delineation Ms. Davey described the property and project, reviewed the staff concerns, noted the project has been reviewed by AHBR and detailed staff concerns regarding the wetlands. Mr. George Conner, applicant, described the condition of the property including dead trees and the manmade wetlands. Mr. Conner also noted his desire to have the home further off the road and a large usable backyard, which is the purpose of the wetlands variance request. The Board Members, staff and applicant discussed alternatives to building the house if the variance is not granted, the location of the proposed house in relation to the demolished house and wetlands, the reason for the narrow and deep house design and reasons an alternative design, outside the wetlands setback, is not preferred by the applicant. Chair Drew acknowledged correspondence regarding clearing the land prior to receiving approval and encouraging care for the stream in the rear of the property. Mr. Hannan noted this stream only runs for a couple of hundred feet draining one wetland into another. Chair Drew and the applicant discussed future landscaping plans for the property. Chair Drew opened the meeting for Public Comments, seeing none, Public Comments were closed. Mr. Josh Conner, 75 Atterbury Blvd., thanked the Board for hearing the case and noted that moving the house forward might be a danger to his young son. The Board Members noted while the safety of having the house further off the road may not be a valid reason for the variance, the new house is an improvement to the previous house, the proposed location on the property is most likely the best location, the previous house was also encroaching on the wetlands and the proposed house is within a few feet of the former house. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 Mr. Wagner made a motion, seconded by Ms. Bronstein, based on the evidence presented to the Board on Thursday, December 16, 2021, the Board of Zoning and Building Appeals hereby grants the following: 1. 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”, and 2. A variance of fourteen (13) feet from the required fifty (50) foot wetlands setback resulting in a setback of thirty-seven (37) feet from the delineated edge of the wetlands pursuant to section 1207.03(e)(2), “Setbacks – Wetlands” 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 applicant works with the City Arborist to develop appropriate site mitigation and screening from Boston mills road as well as the building to the east. 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 property will be more beneficial by siting the house at the proposed location. 2. The requested variances are insubstantial as the property is six (6) acres, therefore the variances are insignificant. 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 existing house was also encroaching within the wetland fifty (50) foot setback, additionally the existing house was in poor condition and the new proposed house would enhance the property significantly. 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 variances. Aye: 5 - Ms. Bronstein, Mr. Dohner, Mr. Drew, Ms. Keller and Mr. Wagner BZBA 2021-1283The subject of this hearing is a variance request from the requirement that loading docks and other loading areas must be City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 sited at the rear or to the side of the building, in order to permit a loading dock to be sited at the front of the building pursuant to section 1205.11(e)(8), “Property Development/Design Standards - Loading Areas” of the City of Hudson Land Development Code The applicant is Trevor Extine, 10020 Aurora - Hudson Road, Streetsboro, Ohio 44241. The property owner is, Ramco Associates LLC, 5445 Hudson Industrial Parkway, Hudson, Ohio 44232 for the property at 5445 Hudson Industrial Parkway in District 8 [Industrial/Business Park] within the City of Hudson. Attachments: BZBA Staff Report - 5445 Hudson Industrial Parkway Ms. Davey introduced the application by described the property, the existing building and noted the applicant recently received Planning Commission approval for an addition to the building. Ms. Davey reviewed the staff comments and concerns and noted the variance is a request for a front facing door which the applicant stated is needed to allow entrance of large equipment. Mr. Greg Seifert, GEIS Companies, noted the LDC refers to this variance request as a loading dock, however, the actual purpose of this door will be to allow access for equipment to be moved into the building. The equipment is large and must be enclosed on arrival, which will be most efficiently done by the proposed front facing door. Mr. Seifert stated the alternatives are: 1) Enter the building by a rear door which would be difficult to access and is not currently large enough. 2) Removable wall panels; however, a goal of Ramco is to grow, which will necessitate additional large equipment which will necessitate using the door again. 3) Mr. Seifert also noted the proposed doors will not be used in the normal course of business and berming and landscaping will help hide the door from public view. The Board Members, staff and applicant discussed the definition of a loading dock and how it applies to this situation, the berming and landscaping, what the door will look like, that the proposed door alleviates safety issues associated with delivering machinery to the rear and through the building, the size of the machinery which will go in the building and alternatives to bringing it the proposed door, the possibility of using removable panels to allow access instead of a permanent door and using conditions to limit use of the proposed door. There were no Public Comments. Ms. Bronstein made a motion, seconded by Mr. Wager, based on the evidence presented to the Board on Thursday, December 16, 2021, the Board of Zoning and Building Appeals hereby grants the following: A variance request from the requirement that loading docks and other loading areas must be sited at the rear or to the side of the building, in order to have a loading dock that is sited at the front of the building pursuant to section 1205.11(e)(8), “Property Development/Design Standards – Loading Areas” 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 overhead door in question will not be used as a loading dock or loading site and is intended for incidental equipment and delivery purposes. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 2. The overhead door in question will maintain the aesthetics of the building. 3. The construction be in substantially conformity with the Planning Commission Decision per case number 21-1166. 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; however, given the business needs it is exceedingly difficult to use the side and rear areas of the building for equipment delivery. 2. The requested variance is substantial as it deviates 100% from 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. The applicant is proposing to have the overhead door design blend in with the aesthetics of the building and also to install a landscaping buffer from Hudson Industrial Parkway. 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 2015; however, given the business growth the variance request would accommodate their needs. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance. The size of the equipment would be a challenge to navigate to the side and rear of the property. Additionally, the proposed overhead door would not be used on a daily basis and was deigned to not create any aesthetic impacts to the street. 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. Other Business Ms. Davey previewed the January BZBA meeting. Mr. Hannah reviewed: 1) The American Fireworks decision by City Council. 2) Internal signs in the industrial districts. 3) The Army Corps of Engineers work in Hudson. VIII. Adjournment A motion was made by Mr. Dohner, seconded by Ms. Keller, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ Robert P. Drew, Chair City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final December 16, 2021 ________________________________ 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