Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals John Dohner, Vice Chair Lydia Bronstein Kerri Keller Louis Wagner Greg Hannan, Community Development Director Amanda Davey, Associate Planner Thursday, February 17, 2022 7:30 PM Town Hall 27 East Main Street I. Call to Order II. Roll Call Present: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner III. Identification, by Chairman, of Amanda Davey, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chair Dohner swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes BZBA 1-20-2022Minutes of Previous Board of Zoning & Building Appeals Meeting: January 20, 2022 Attachments: 1-20-2022 Meeting Minutes - DRAFT A motion was made by Ms. Keller, seconded by Ms. Bronstein, that the January 20, 2022 minutes be approved. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner VI. Public Hearings - Old Business BZBA 2021-1316The subject of this hearing is a variance request from the requirement that any off-street parking or loading area shall be surfaced with a pavement having an asphalt or concrete binder of sufficient strength to support vehicular loads imposed on it while providing a durable, dustless surface in order to have a gravel parking lot area pursuant to Section 1207.12(o), “Off-Street Parking and Loading Requirements - Paving” of the City of Hudson Land City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final February 17, 2022 Development Code The applicant is Ken Kuryla, KGK Gardening & Design Corp, 1936 Georgetown Road, Hudson, Ohio 44236. The property owner is, KGK Properties LLC, 1936 Georgetown Road, Hudson, Ohio 44236. for the property at 1940 Georgetown Road in District 8 [Industrial/Business Park] within the City of Hudson. Attachments: BZBA Staff Report - 1940 Georgetown Road Letter From Applicant to Table Request Chair Dohner noted a letter from Mr. Kuryla requesting to table the hearing. Mr. Wagner made a motion, seconded by Ms. Keller, to accept the request of the applicant to table the application to the next regularly scheduled BZBA meeting. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner VII. Public Hearings - New Business BZBA 2021-1375The subject of this hearing is for two (2) variance requests to allow construction of a driveway within a stream corridor. The variances are: 1. A variance of twenty-six (26) feet from the required stream corridor setback of thirty (30) feet resulting in a four-foot setback pursuant to section 1207.03(e)(1)(D), “Wetland/Stream Corridor Protection - Stream Corridor Setbacks” and 2. 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 Lisa Behm, 2178 Middleton Road, Hudson, Ohio 44236. The property owners are, Christopher & Lisa Behm. 2178 Middleton Road, Hudson, Ohio 44236 for the property at 2178 Middleton Road in District 1 [Suburban Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 2178 Middleton Road Ms. Davey introduced the application by displaying and describing the property in question, detailing the proposed project and reviewing the staff comments and considerations including a proposed condition and comments from Hudson Engineering. Ms. Lisa Behm, applicant, described: The reason for the variance request as allowing access to the rear of the property, City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final February 17, 2022 that natural looking materials will be used which will make the driveway less noticeable than concrete or blacktop and noted letters from the neighboring properties which state they have no objections to granting the variance. The Board, staff and applicant discussed: The consequence of not being granted a variance will be not having access to the rear of the property and the alternative to the variance is to add to a culvert, if EPA approval is given (at great expense). Ms. Davey displayed one of the proposed driveway materials and noted as of this meeting it has not been approved by the fire department and described the grading and low volume of the stream that has lowest level of EPA protection. Ms. Behm described: The location of the proposed driveway and carriage house, the stream is smaller than the EPA generally regulates, the reason the carriage house is located in the proposed position and noted three large trees are the cause for the driveway to be in the proposed location. Ms. Behm stated the driveway and landscaping are intended to steer drainage into the creek and away from neighboring properties and noted City Engineering anticipates no unintended water consequences if the variance is granted. Ms. Behm described the carriage house as an 850 square foot accessory dwelling structure with a three-car garage, Ms. Davey noted a LDC change will allow dwelling in the accessory structure using the current house water well and City sewer. The Board and staff discussed why the new dwelling is not required to connect to City water. Ms. Behm stated Summit County views this in the same light as adding 850-feet onto the house. The Board, staff and applicant also noted the fire requirement that the driveway be load bearing and provide year-round access to the structure. Ms. Behm described the reason for an accessory structure as opposed to building an addition onto the home. Mr. Alex Lemmion, 2206 Middleton Road, expressed concern over the direction of the flow of water off the applicant’s property. In response Ms. Beam noted the proposed materials will allow the water to absorb into the ground as opposed to running off asphalt or concrete. The Board discussed the recent LDC change to allow dwelling in accessory structures, the requirement to tie into public water if it becomes available to the structure, which may not apply in this situation because well water was used prior to the code requirement. The Board also discussed: The proposed driveway materials and whether the fire department will approve them, that this seems to be a minor waterway, the City Engineer foresees no problem if the variance is approved, that the rear property is unusable without the variance and the design of the driveway is intended to do no harm with regard to water flow. 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. Bronstein made a motion, seconded by Mr. Wagner, that the Board of Zoning and Building Appeals grant the following variances: 1. A variance of twenty-six (26) feet from the required stream corridor setback of thirty (30) feet resulting in a four-foot setback pursuant to section 1207.03(e)(1)(D), “Wetland/Stream Corridor Protection – Stream Corridor Setbacks” and 2. 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 conditions: 1. The applicant work shall with City staff to ensure the driveway material used will comply with applicable city and fire code regulations. 2. The applicant shall work with the City’s Engineering Department to ensure proper runoff mitigation is used during construction of the driveway. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final February 17, 2022 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 unique circumstance of a stream/stream corridor on the property it would be a challenge to utilize the back area of the property without the variance. 2. The requested variance is substantial; however, the applicant has provided sufficient information to mitigate their impact on the stream corridor. Additionally, the stream and stream corridor are very small in size. 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 has demonstrated that there will be no impact to neighboring properties. 4. The variance would not adversely affect the delivery of governmental services as the driveway material used would comply with city and fire code regulations. 5. The existing regulations were in affect when the owners purchased the property in 2013. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variance. The unique property imposes limitations with a stream corridor and vegetation. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as this is a unique property and the applicant is working within the situation they were presented with. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner VIII. Other Business Staff stated there will be cases for the March meeting. IX. Adjournment A motion was made by Mr. Wagner, seconded by Ms. Keller, that the meeting be adjourned. The motion carried by an unanimous vote. Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner * * * City of Hudson, Ohio Page 4