Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals John Dohner, Chair Kerri Keller, Vice Chair Lydia Bronstein Louis Wagner Greg Hannan, Community Development Director Amanda Davey, Associate Planner Thursday, March 17, 2022 7:30 PM Town Hall 27 East Main Street I. Call to Order Chairman Dohner 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, 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 persons wishing to speak under oath. V. Approval of Minutes BZBA 2-17-2022Minutes of Previous Board of Zoning & Building Appeals Meeting: February 17, 2022. Attachments: 2-17-2022 Meeting Minutes - Draft Ms. Bronstein made a motion, seconded by Ms. Keller, to approve the February 17, 2022 Minutes as amended. The motion was approved by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner A motion was made by Ms. Keller, seconded by Ms. Bronstein, that the request by the applicant to withdraw Case Number 2021 - 1316 be approved. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final March 17, 2022 VI. Public Hearings - New Business BZBA 2022-85 The subject of this hearing is for two (2) variance requests to allow for the expansion of an attached garage. The variances are: 1. A variance from the requirement that doors of attached garages shall not face the street in order to have the garage doors face the street pursuant to section 1205.04(d)(7)(C)(1), “Property Development/Design Standards - Building siting and orientation” and 2. A variance of six (6) feet from the required principal structure setback of fifty (50) feet resulting in a setback of forty-four (44) feet pursuant to section 1205.04(d)(5)(D)(1), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code. The applicant is Leonard Huddleston, 2976 Fox Burror Drive, Stow, Ohio 44224. The property owners are Anton & Julie Zonneveld, 2230 Olde Farm Lane, Hudson, Ohio 44236 for the property at 2230 Olde Farm Lane in District 1 [Suburban Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 2230 Olde Farm Lane Ms. Davey introduced the application by displaying and describing the property and existing structures. Ms. Davey also reviewed the applicable Land Development Codes, staff comments and recommendations. Mr. Leonard Holstein, applicant, noted the homeowners are in need of additional garage space and described the angle of the existing structure as the reason the variance is needed. The Board, applicant and staff discussed the angle of the garage and that if the variance is not granted, it would require a large amount of cement for a longer driveway. Mr. Holstein also noted the garage is for aesthetics and safety and is part of a larger project that will include re-siding the house and a new roof. Ms. Davey explained the existing garage is non-conforming, this variance is needed because the non-conforming use is being expanded. Mr. Holstein explained the requested size will allow additional storage, ease of entry into the garage and is better suited to the design of the house. The homeowner, stated a detached structure is not allowed because of the homeowners association and the additional size is for storage. The Board noted other discussed designs are not as attractive as the proposed addition and recognized the need for additional storage. 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, on Thursday, March 17, 2022, Ms. Keller made a motion, seconded by Mr. Wagner, that the Board of Zoning and Building Appeals hereby grant the following: 1. A variance from the requirement that doors of attached garages shall not face the street City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final March 17, 2022 in order to have the garage doors face the street pursuant to section 1205.04(d)(7)(C)(1), “Property Development/Design Standards – Building siting and orientation” and 2. A variance of six (6) feet from the required principal structure setback of fifty (50) feet resulting in a setback of forty-four (44) feet pursuant to section 1205.04(d)(5)(D)(1), “Property Development/Design Standards – Setbacks” of the City of Hudson Land Development Code. 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 will allow the property to be improved and will allow more garage space for the owner. 2. The requested variance for the rear yard setback is a 22% deviation from the LDC. The requested variance for the garage door orientation is not substantial as the existing garage doors face the street and other neighboring properties have garage doors facing the street. 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 garage doors facing the street is a typical design in the neighborhood and additionally there has been no neighboring opposition for the variance requests. 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 2013; however, the existing garage had garage doors facing the street. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variances. The homeowner has testified that the homeowner’s association for the neighborhood does not allow for detached structures. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances. The current regulations went into effect after the home was constructed. The proposed layout seems to be the best option for the expansion of the existing garage. Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner BZBA 2022-118 The subject of this hearing is a variance request of four hundred and eighty (480) feet from the maximum accessory structure size of one thousand two hundred (1,200) feet resulting in a structure size of one thousand six hundred and eighty (1,680) feet pursuant to section 1206.03(d)(5), “Accessory Use Development and Operation Standards - Maximum building or structure size” of the City of Hudson Land Development Code in order to build an accessory structure. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final March 17, 2022 The applicant is Jeffery Woolley, 2084 Ravenna Street, Hudson, Ohio 44236. The property owners is, Jeffery Woolley, 2084 Ravenna Street, Hudson, Ohio 44236 for the property at 2084 Ravenna Street in District 3 [Outer Village Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 2084 Ravenna Street Ms. Davey introduced the application by displaying and describing and purpose of the structure, noting the applicable LDC sections and reviewing the staff comments. Mr. Jeffrey Wooley, owner, noted the purpose of the proposed structure is to store equipment that is used to maintain the property and that a vehicle that is stored outside will be moved inside. Regarding building the allowed two smaller structures, Mr. Wooley noted setbacks from the existing gas well causes difficulty locating two buildings. The Board, applicant and staff discussed the size of the house, that Mr. Wooley does not anticipate requesting additional accessory structures, that adding to the existing house was explored, however, it was cost prohibitive. Mr. Wooley noted a home gym and heat will be added to the proposed structure, however, water will not. The Board, noting the LDC size requirement, asked the applicant to further explain the difficulty of building two smaller structures instead of requesting this variance. Mr. Wooley noted the six-acres requires a large amount of equipment and the 600-foot setback from the street will minimize the impact. Mr. Josh Manley, neighbor on Ravenna Street, noted the uniqueness of the properties on Ravenna Street, his desire to protect the look of Hudson and his desire for the Board to approve one larger structure instead of multiple smaller structures. The Board discussed: 1) The LDCs instruction for multiple structures instead of an oversize building. 2) Limiting additional structures if this oversize structure is built. 3) The difficulty presented by the shape of the lot and the existing gas well towards building multiple smaller structures. 4) The 18-foot height of the proposed structure. 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, Mr. Wagner made a motion, seconded by Ms. Keller, to grant the following: A variance request of four hundred and eighty (480) feet from the maximum accessory structure size of one thousand two hundred (1,200) feet resulting in a structure size of one thousand six hundred and eighty (1,680) feet pursuant to section 1206.03(d)(5), “Accessory Use Development and Operation Standards – Maximum building or structure size” of the City of Hudson Land Development Code in order to build an accessory structure. The Board of Zoning and Building Appeals grants the variances with the following condition: 1. The City of Hudson Land Development Code allows four accessory structures on lots larger than 2.5 acres. This proposed structure would count as two of the four accessory structures allowed on the property. 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 4 Board of Zoning & Building Appeals Meeting Minutes - Final March 17, 2022 of the property without the variances; however, this is an atypical lot so this type of variance would make sense for a lot of this size and irregularity. 2. The requested variance is substantial as it would be 680 square feet over the LDC requirement; however, it is also insubstantial when you consider the lot size and the need for the equipment that will be stored in the proposed 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 variance as this lot is approximately 6 acres and is a flagpole shaped lot. The location of the proposed structure chosen by the applicant is appropriate. 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 and built the home in 2019. 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: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner VII. Other Business Councilwoman Heater stated that she anticipates the fifth member of BZBA will be appointed within the next couple of weeks. Ms. Davey stated she anticipates numerous applications for the April BZBA meeting. This matter was discussed VIII. Adjournment A motion was made by Ms. Keller, seconded by Ms. Bronstein, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ John M. Dohner, Chair ________________________________ Ms. Kerri Keller, Vice Chair ________________________________ Joe Campbell, Executive Assistant City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final March 17, 2022 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 6