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, August 18, 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: 3 - Mr. Dohner, Mr. Wagner and Mr. Kahrl Absent: 2 - Ms. Bronstein and Ms. Keller 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 7-21-2022Minutes of Previous Board of Zoning & Building Appeals Meeting: July 21, 2022 Attachments: 7-21-2022 Meeting Minutes - DRAFT A motion was made by Mr. Wagner, seconded by Mr. Kahrl, that the July 21, 2022, Minutes be approved as submitted. The motion carried by the following vote: Aye: 3 - Mr. Dohner, Mr. Wagner and Mr. Kahrl VI. Public Hearings - New Business BZBA 2022-754 The subject of this hearing is a variance request from the requirement that development shall be served by and utilize public water and public sewer systems in order to utilize a proposed gray City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final August 18, 2022 water recycling septic system for a dog kennel facility called Hudson Hounds on the property, pursuant to section 1207.11(b)(1) (A) “Adequate Public Facilities - Water/Wastewater” of the City of Hudson Land Development Code. The applicant is Ethan Millsaps, 2461 Barlow Road, Hudson, Ohio 44236. The property owners are, Ethan and Amy Millsaps 2461 Barlow Road, Hudson, Ohio 44236 for the property at 2461 Barlow Road in District 2 [Rural Residential Neighborhood]. Attachments: BZBA Staff Report - 2461 Barlow Road July 25, 2022 PC Staff Report & Meeting Minutes (Draft) Ms. Davey introduced the application by describing the property in question, noting the applicants have received approval to operate a boarding kennel with a gray water system (for the kennel) from Planning Commission with the condition that the gray water system receive a variance from BZBA. Ms. Davey also reviewed the staff comments and conditions. Mr. Ethan Millsaps, applicant, described the previous kennel and timeline of approvals, noted wastewater has been the prevailing problem for the business receiving approval to begin operation and described the gray water system as the solution to the wastewater problem. Mr. Millsaps also noted the professionals who have designed and recommended this proposed gray water system. The Board, applicant and staff discussed where wastewater goes at the present time and that the proposed plan will abate the current problem and the limited options for operating the kennel if the variance is denied. Staff noted Summit County Board of Health is the lead agency regarding wastewater. Mr. Millsaps noted that the gray water in this instance is the chemical free water from dog washing and that homes in the area typically have septic systems and water wells. Mr. John Volosen, sewer engineer, noted Summit County determined that because the manhole for sewer service is too shallow, a lift station and will not be permitted nor are any other systems which might make use of the public sewers. The Board and staff discussed the need for conditions regarding the future use of this gray water system for domestic septic use. Mr. Wagner made a motion, seconded by Mr. Kahrl, based on the evidence presented to the Board on Thursday, August 18, 2022, to grant the following: A variance request from the requirement that development shall be served by and utilize public water and public sewer systems in order to utilize a proposed gray water recycling septic system for a dog kennel facility called Hudson Hounds on the property, pursuant to section 1207.11(b)(1)(A) “Adequate Public Facilities – Water/Wastewater” 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 variance with the following conditions: City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final August 18, 2022 1. The Summit County Public Health and applicable jurisdictions will oversee and review the continuing compliance of the proposed grey water recycling system. 2. The Summit County Public Health Department will inspect the system every other year and the applicant shall provide the City of Hudson with the inspection report. 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, it would need to be a different definition of reasonable return as the proposed usage of the dog kennel is a commercial use and the residence is a residential use and both uses can not tie into the existing septic system. 2. The requested variance is substantial as it is 100% deviating from the Land Development Code. 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 variance would abate an existing nuisance from the previous owners. 4. The variance would not adversely affect the delivery of governmental services. The variance would relieve the applicant from the requirement to connect into the public sewer system. 5. The existing regulations were in affect when the applicant purchased the property in 2018; however, the previous owners were not legally disposing of wastewater as per the current City of Hudson Land Development Code, the requirements with Summit County Department of Sanitary Sewer, and Summit County Public Health. 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: 3 - Mr. Dohner, Mr. Wagner and Mr. Kahrl BZBA 2022-776 The subject of this hearing is a variance request to allow an accessory structure (detached garage) to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures - Accessory Use Development and Operation Standards” of the City of Hudson Land Development Code. The applicant is Erin Graessle, 2656 Bridgeton Drive, Hudson, Ohio 44236. The property owners are, Jacob and Erin Graessle 2656 Bridgeton Drive, Hudson, Ohio 44236 for the property at 2656 Bridgeton Drive in District 1 [Suburban City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final August 18, 2022 Residential Neighborhood]. Attachments: BZBA Staff Report - 2656 Bridgeton Road Ms. Davey introduced the application by displaying the property, noting the construction approvals being sought and describing the variance request, staff considerations and comments. Ms. Erin Graessle, applicant and homeowner, displayed photos of the existing property and structures, noted the adjoining property is held in trust by the Western Reserve Land Conservancy and cannot be developed, described the private nature of the property and the needs of her family. Ms. Graessle also described the problems of moving the garage back including grading, water issues and removing healthy trees. Mr. Jacob Graessle, homeowner, noted the appearance of the proposed garage from the road will seem to be behind the mass of the house. The Board, applicant and staff noted the proposed structure is predominately behind the main structure, discussed the requirements for this to become an attached garage, the nature of the neighborhood with front facing attached garages, anticipated additions to the house which the applicant believes will compliment the proposed structure, the AHBR approval given to the project, the challenging nature of the rear portion of the property for building and the problem of using the too much of the yard if the proposed structure was made as an attached, side-entry garage. The Board and applicant also discussed the request for a 27-foot depth being to allow stairs to a second floor storage as well as downsizing the garage depth to 24-feet which would allow for a lesser variance. Various other locations and placement of the proposed garage was discussed as well as the lack of neighbors on the adjacent property. Mr. Wagner made a motion, seconded by Mr. Kahrl, based on the evidence presented to the Board on Thursday, August 18, 2022, to grant the following: A variance request to allow an accessory structure (detached garage) to be located in the side yard when regulations require accessory structures to be located in the rear yard pursuant to Section 1206.03(d)(3), “Accessory Uses/Structures – Accessory Use Development and Operation Standards” 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 variance as requested. The Board finds and concludes; 1. The property in question could yield a reasonable return and there could be a beneficial use of the property without the variance; however, the variance would enhance the livability and survivability of the applicant’s growing family. 2. The requested variance is substantial as it is prohibited by the Land Development Code to allow any portion of an accessory structure in the side yard. 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 City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final August 18, 2022 property to the west is not developed and is owned by the Winterberry Height’s HOA. 4. The variances would not adversely affect the delivery of governmental services. 5. The existing regulations were in affect when the applicant purchased the property in May of 2012. 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: 3 - Mr. Dohner, Mr. Wagner and Mr. Kahrl VII. Other Business Councilwoman Heater discussed the time and location of the Steering Committee interviews. Ms. Davey described the application for the September meeting and noted that the administrative rules for BZBA will be discussed at a future meeting and reviewed by the City Law Director. VIII. Adjournment A motion was made by Mr. Wagner, seconded by Mr. Kahrl, that the meeting be adjourned. The motion carried by the following vote: Aye: 3 - Mr. Dohner, Mr. Wagner and Mr. Kahrl ________________________________ John Dohner, Chair ________________________________ Louis Wagner ________________________________ 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 Board of Zoning & Building Appeals Meeting Minutes - Final August 18, 2022 City of Hudson, Ohio Page 6