Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals Kerri Keller, Chair Lou Wagner, Vice Chair Lydia Bronstein Jane Davis Robert Kahrl Nick Sugar, City Planner Amanda Krickovich, Associate Planner Thursday, April 20, 2023 7:30 PM Town Hall 27 East Main Street I. Call to Order Chair Keller 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 - Ms. Keller, Mr. Wagner and Ms. Davis Absent: 2 - Mr. Kahrl and Ms. Bronstein III. Identification, by Chairman, of Amanda Davey, Associate Planner & Nick Sugar, City Planner IV. Swearing in of Staff and Audience Addressing the Board. Chair Keller swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes BZBA 2-16-2023 Minutes of Previous Board of Zoning & Building Appeals Meeting: February 16, 2023. Attachments: 2-16-2023 Meeting Minutes - Draft A motion was made by Ms. Davis, seconded by Mr. Wagner, that the February 16, 2023, Minutes be approved as submitted. The motion carried by the following vote: Aye: 2 - Ms. Keller and Ms. Davis Abstain: 1 - Mr. Wagner VI. Public Hearings - New Business BZBA 2023-240The subject of this hearing is a variance request of ten (10) feet from the required fifty (50) foot front yard setback from Terex Road resulting in a City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 forty (40) foot front yard setback pursuant to section 1205.11(e)(3)(A), “property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code in order to construct self-storage units. The applicant is Matthew Weber - Weber Engineering Services, 2555 Hartville Road, Rootstown Ohio 44272. The property owner is 5698 Hudson LLC, Hudson, Ohio 44236 for the property at 5689 & 5682 Hudson Drive in District 8 [Industrial/Business Park] within the City of Hudson. Attachments: 5698 & 5682 Hudson Drive BZBA Staff Report Ms. Davey introduced the application in District 8 by describing the project, noted Planning Commission’s prior approval, explained the variance request and previous variances that have been granted, the conditions of the previous variances and reviewed the staff comments. Mr. Adam Stonestreet , Standard Shop Company, noted this variance request is similar to the previously granted variance, that the purpose of the request is to allow easier turning in the parking lot, noted that two parcels have been merged into one and the entrance moved to the south for safety purposes, described future tenants, described compromises made with the City regarding the use of the land, informed the Board that Standard Shop Company has received permission to cap the well on the City property, explained the reasons for not wanting to reduce the size of the buildings and the need for the variance. The Board, applicant and staff discussed those authorized to speak regarding this project, the required turn around space for the anticipated businesses, how the variance, if granted, might impact the conditions from Planning Commission, the business of Standard Shop Company and its tenants, how the site will look if the variance is granted, the LDC required turning area, the required sidewalk on Terex Road and the possibility of a payment in lieu of building the sidewalk, Mr. Dan Kroneker, Standard Shop Company, noted the company’s willingness to build the sidewalk, requested the variance be granted, explained how pickup trucks with trailers will be backed into the buildings and that the minimum turning area, as is now designed, will lead to greater safety. Mr. Kroneker also noted that Standard Shop Company is capping a well on City of Hudson property which may benefit the City and is required for them to build, that tenant feedback brought out the need for this variance and how the large bay doors will allowing machines to be brought into the buildings. Chair Keller opened the meeting for Public Comments. There were no Public Comments. Mr. Wagner made a motion, seconded by Ms. Davis, based on the evidence presented to the Board at 7:30 p.m., on Thursday, April 20, 2023, the Board of Zoning and Building Appeals hereby grants the following: A variance request of ten (10) feet from the required fifty (50) foot front yard setback from Terex Road resulting in a forty (40) foot front yard setback pursuant to section 1205.11(e)(3) (A), “property Development/Design Standards – Setbacks” of the City of Hudson Land Development Code in order to construct an Industrial Business Park. 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 condition: 1. The applicant install Landscape Bufferyard D (25 feet) within the City’s Land Development City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 Code along Terex Road. 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 it would significantly enhance the usability, safety and the salability of the property. 2. The requested variance is substantial; however, the variance would provide a safety benefit by enhanced maneuverability for emergency services. 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. 4. The variance would not adversely affect the delivery of governmental services, it would enhance the ability of governmental services such as emergency service vehicles. 5. The applicant did purchase the property with knowledge of the zoning requirements. 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 - Ms. Keller, Mr. Wagner and Ms. Davis BZBA 2023-242The subject of this hearing is a request for two (2) variances in order for a lot split and construction of a single-family detached structure. The variances are; 1. A variance request of six (6) feet from the required sixty (60) foot lot width requirement, resulting in a lot width of fifty-four (54) feet pursuant to section 1205.07(d)(5)(A), “Property Development/Design Standards - Single-Family Detached: sixty feet” and; 2. A variance request from the requirement that every lot shall have adequate access to a public street or alley. All single-family dwelling lots shall have at least sixty feet frontage on a public street or roadway pursuant to section 1208.05(g), “Lot/Frontage/Access to Street” of the City of Hudson Land Development Code. The applicant is Allan Sveda, 13 E. Main Street #1, Hudson, Ohio 44236. The property owner is Allan Sveda, 13 E. Main Street #1, Hudson, Ohio 44236 for the property at 33 E. Streetsboro Street in District 4 [Historic Residential Neighborhood] within the City of Hudson’s Historic District. Attachments: 33 E. Streetsboro BZBA Staff Report New Attachments as of 4.19.2023 Public Comment Ms. Davey introduced the application in District 4 which is a historic property, described the proposed parcel, City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 referenced the applicable LDCs, displayed a map of the property lines and discussed the criterion and staff comments. Mr. Allan Sveda, applicant, described the process of adding frontage to one of the properties and the inability to add the required approximately additional five feet. Mr. Sveda also described the surrounding properties and their lot sizes. Ms. Tracy Crawford also described the neighboring properties noting those who do not meet the LDC and that the proposed lot will blend in with the neighborhood. The Board, applicant and staff discussed the properties Mr. Sveda owns, that the purpose of requesting this variance is to build a new house, that this variance request is in conflict with the LDC and the lack of compelling reasons to grant the variance. The Board and applicant also discussed: Some people feel the closeness of the houses in the historic district is appealing, the need for an administrative lot split subsequent to BZBA granting the previous variance, that the LDC was in place long before this variance request and the existing houses that do not meet the code are pre existing non-conforming, Chair Keller opened the meeting for Public Comments. Mrs. Barbara Bauza and Mr. Ken Bauza, 41 E. Streetsboro Street, noted their disagreement with elements of the staff report and believe the value and enjoyment of their property may be devalued if the variance is granted . Ms. Candace Sveda, 6568 Elmcrest Drive, noted if the house is built it will look like a century house . Mr. Sugar read into the record Public Comments letters which all opposed granting the variance . Mr. Clayton Brahan, 13 N. Oviatt Street, stated he believes the reason the streetscape is beautiful is because of, his grandfather’s, Mr. Sveda’s work. Seeing no one else coming forward to speak, Chair Keller closed Public Comment . The Board discussed the persuasiveness of Mr. and Ms. Bauza argument against granting the variance, the applicant’s ability to make use of the property in question with or without a variance, questioned if not granting the variance is a hardship to the applicant, if granting the variance will be a precedence for others wanting to build on a lot that does not meet the LDC, that the applicant is an experienced real estate developer who should have known the size of the property and LDC requirements when the property was purchased and the public comments regarding concern over water and the electrical box. Mr. Wagner made a motion, seconded by Ms. Davis, based on the evidence presented to the Board at 7:30 p.m., on Thursday, April 20, 2023, the Board of Zoning and Building Appeals hereby to deny the following: 1. A variance request of six (6) feet from the required sixty (60) foot lot width requirement, resulting in a lot width of fifty-four (54) feet pursuant to section 1205.07(d)(5)(A), “Property Development/Design Standards - Single-Family Detached: sixty feet” and; 2. 2. A variance request from the requirement that every lot shall have adequate access to a public street or alley. All single-family dwelling lots shall have at least sixty feet frontage on a public street or roadway pursuant to section 1208.05(g), “Lot/Frontage/Access to Street” 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 denies the variance requested. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 The Board finds and concludes; 1. The property in question would yield a reasonable return and there could be a beneficial use of the property without the variances as there is an existing home that meets all applicable Land Development Code regulations. The applicant is requesting to create a lot with less than the lot frontage and lot width requirements and the Land Development Code does not support that. 2. The requested variances are substantial. 3. The essential character of the neighborhood would be substantially altered, and adjoining properties would suffer a substantial detriment as a result of the variances. There are lots within the neighborhood that have less than 60 feet of lot frontage/lot width; however, these are older homes that are non-conforming. 4. The variances would not adversely affect the delivery of governmental services. Although, if the variances were granted, electrical easements on the property could be impacted. 5. The applicant did purchase the property with knowledge of the zoning restrictions. 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 denying the variances. Aye: 3 - Ms. Keller, Mr. Wagner and Ms. Davis BZBA 2023-245The subject of this hearing is a variance request of thirteen (13) feet from the required fifty (50) foot rear yard setback resulting in a setback of thirty-seven (37) feet pursuant to section 1205.06(d)(5)(E)(1), “Property Development/Design Standards - Setbacks” of the City of Hudson Land Development Code in order to build an addition. The applicant is Bridget Tipton -Architect, 310 Park Avenue, Kent, Ohio 44240. The property owners are, Joseph & Amy Moran, 54 Prescott Drive, Hudson, Ohio 44236 for the property at 54 Prescott Drive in District 3 [Outer Village Residential Neighborhood] within the City of Hudson. Attachments: 54 Prescott BZBA Staff Report Ms. Davey introduced the application by describing the house and property, the applicable LDCs, the need for the variance request and staff comments and criterion. Ms. Bridget Tipton, architect and Mr. Joe Moran, 54 Prescott Drive, described the addition and the practical difficulties of attaching the addition directly to the house. Ms. Tipton also noted the addition is connecting in the best possible site to allow natural light and eliminate the need to do significant renovation to the existing house . It was also noted that the variance would allow the addition to meet the spirit of the LDC because of the 300-foot distance to the nearest house and will allow a second living space which is common to the neighborhood . Ms. Tipton distributed letters from the immediate neighbors. Ms. Davey noted the names on the letters and that City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 they do support granting the variance. Ms. Tipton described the updates to his home over the previous 16 years and his desire to for this improvement . The Board, applicant and staff discussed the need for an egress window in each bedroom, the uniqueness of the lot and the relative small size of the house, that trees will not be removed, that if the size of the addition is decreased it will not provide the space the homeowner desires and that neighboring property owners received notice of the variance request. Chair Keller opened the meeting for Public Comments. There were no Public Comments. Mr. Wagner made a motion, seconded by Ms. Davis, based on the evidence presented to the at 7:30 p.m., on Thursday, April 20, 2023, the Board of Zoning and Building Appeals hereby grants the following: A variance request of thirteen (13) feet from the required fifty (50) foot rear yard setback resulting in a setback of thirty-seven (37) feet pursuant to section 1205.06(d)(5)(E)(1), “Property Development/Design Standards – Setbacks” of the City of Hudson Land Development Code in order to build an addition. 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 will yield a reasonable return and there can be a beneficial use of the property without the variance; however, granting the variance would allow a goal of the property owner to be achievable and allow a second-floor room to continue to be functionable and meet building code standards. 2. The requested variance is insubstantial as the adjacent property located to the rear of the home has 5.5 acres and abutting a pond. 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. 4. The variance would not adversely affect the delivery of governmental services. 5. The applicant did purchase the property with knowledge of the zoning requirements. 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 - Ms. Keller, Mr. Wagner and Ms. Davis VII. Other Business City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final April 20, 2023 Ms. Davey noted there are applications for a May meeting. Discussion took place regarding using Google Earth to show the Board the context of a property and the difficulty of seeing the TV from the audience seats. VIII. Adjournment A motion was made by Ms. Davis, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by an unanimous vote. ________________________________ Kerri Keller, Chair ________________________________ Louis Wagner, 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 7