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 Robert Kahrl Louis Wagner Greg Hannan, Community Development Director Amanda Davey, Associate Planner Thursday, April 21, 2022 7:30 PM Town Hall 27 East Main Street I. Call to Order Chair 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 Absent: 1 - Mr. Kahrl 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 3-17-2022Minutes of Previous Board of Zoning & Building Appeals Meeting: March 17, 2022. Attachments: 3-17-2022 Meeting Minutes - Draft A motion was made by Ms. Keller, seconded by Ms. Bronstein, that the March 17, 2022, Minutes be approved as amended. The motion carried by the following vote: Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner VI. Public Hearings - New Business BZBA 2022-84 The subject of this hearing is a variance request of six (6) feet from the required fifty (50) foot rear yard setback resulting in a setback of forty-four (44) feet pursuant to section 1205.04(d)(5)(D)(1), City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 21, 2022 “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code in order to build an addition. The applicant is Nicole Davis, 97 Mayfield Avenue, Akron, Ohio 44313. The property owners are Kevin and Carolina Mathis, 107 Cheshire Road, Hudson, Ohio 44236 for the property at 107 Cheshire Road in District 1 [Suburban Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 107 Cheshire Road Ms. Davey introduced the application by displaying and describing the property and proposed addition to the rear of the existing structure. Ms. Davey also reviewed the applicable LDC setback requirements, noted a variance was granted in May of 2007 and reviewed the considerations and options that would not require this variance. Ms. Nicole Davis, applicant, described the project and purpose of the project which includes a desire to bring balance to the building along with additional storage. Ms. Davis also noted she has the authority to speak on behalf of the owners. The Board, applicant and staff discussed the storage area and the separate living area shown in site plan, the proposed variance compared to the previously granted variance, the reasons for attaching the storage area to the home as opposed to using a detached storage building on the rear or the side of the house, the existing patio area and hot tub, (Ms. Davis stepped away from the microphone as she described the storage area), various alternatives to the proposed placement of the storage area, and noted, since the project is in the rear of the house the neighbors have limited visibility of the project. Mr. Kevin Mathis, homeowner, noted using the existing patio for storage will eliminate usable area for guests. The Board discussed this request being for a lesser variance than the previously granted variance, the lack of a compelling reason for the requested variance, the proposed storage area being more attractive architecturally than the alternatives, the possibility of building a detached storage shed. Ms. Davey noted a conservation and utility easement which might complicate building a detached storage shed. Ms. Keller made a motion, seconded by Mr. Wager, 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 following: A variance request of six (6) feet from the required fifty (50) foot rear yard setback 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 in order to build an addition. 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, granting the variance will enhance the property value. 2. The requested variance for the rear yard setback represents 88% of the Land Development Code requirement. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 21, 2022 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 an existing addition that encroaches further into the setback. 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 May of 2021. 6. The applicant's predicament feasibly cannot be resolved through some other method other than granting the variances. The applicant has testified that other options would impact the roofline, proper utility venting, window usage, and easements on the property. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. There is an existing addition that sits within the rear yard setback. By denying this variance request, substantial justice would not be observed. Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner BZBA 2022-253 The subject of this hearing is a variance request of five (5) feet from the required fifteen (15) foot side yard setback resulting in a setback of ten (10) feet pursuant to section 1205.04(d)(5)(C)(4), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code in order to build an accessory structure. The applicant is Stephanie Rosko, 5713 Abbyshire Drive, Hudson, Ohio 44236. The property owner is Stephanie Rosko, 5713 Abbyshire Drive, Hudson, Ohio 44236 for the property at 5713 Abbyshire Drive in District 1 [Suburban Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 5713 Abbyshire Drive Ms. Davey introduced the application by displaying and describing the property, the proposed covered patio, the setback requirements and the variance request. Ms. Davey also noted the existing retaining wall will be reused in the proposed project and reviewed the considerations. Ms. Stephanie Rosko, applicant, described the proposed area which was built as a children’s playground that is no longer needed. Ms. Rosko noted this is the only level area in the backyard and that to level another area will cost approximately $18,000, the lack of privacy if the patio is placed on the street side of the house, a letter from a neighbor stating agreement with the placement of the patio and stated that other locations on the property will have lesser views than the proposed location. Also discussed was the small size of the requested variances and the financial burden caused by denying the requested variances. The Board, applicant and staff discussed the elevations, small footprint, the applicant’s confidence that the existing retaining wall is sufficient to build the proposed project, the supportive letters from the neighbor, the three open side of the project, the reason two variances are requested, the ability of the Board to place a condition prohibiting the sides of the patio from being enclosed and alternatives to the proposed placement of the covered patio including using the existing pergola and the utility easement. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 21, 2022 The Board discussed requiring conditions to forbid enclosing the three sides of the patio, the cost of moving the existing pergola, the existing retaining wall having been granted a variance, the existing treehouse, the corner lot making this a difficult project and the uniqueness of this variance request being the desire to use the existing flat, previously developed portion of the property. Mr. Wagner made a motion, seconded by Ms. Keller, 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, based on the evidence presented to the Board on Thursday, April 21, 2022, the Board of Zoning and Building Appeals hereby grants the following: A variance request of five (5) feet from the required fifteen (15) foot side yard setback resulting in a setback of ten (10) feet pursuant to section 1205.04(d)(5)(C)(4), “Property Development/Design Standards – Setbacks” of the City of Hudson Land Development Code in order to build an accessory structure. With the following condition: 1. The accessory structure shall remain substantially open on 3 sides as proposed in application BZBA case number 2022-253. 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 proposed project will be built on an existing retaining wall that was previously approved by the City of Hudson. 2. The requested variance is relatively insubstantial. 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 impacted neighbor sent letters in support of the variance and the applicant has proposed the accessory structure to have substantially open walls. 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 2006. 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 because the project area is utilizing a very similar footprint of what was used before. The lot in question is unusual as it is a corner lot and has significant sloping in the rear yard. Aye: 4 - Ms. Bronstein, Mr. Dohner, Ms. Keller and Mr. Wagner City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 21, 2022 VII. Other Business Ms. Davey discussed the potential applicants for the May 2022 meeting. This matter was discussed VIII. Adjournment A motion was made by Ms. Bronstein, seconded by Ms. Keller, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ John M. Dohner, Chair ________________________________ Kerri Keller, 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