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 Lauren Coffman, Associate Planner Thursday, October 5, 2023 7:30 PM Town Hall 27 East Main Street I. Call to Order Acting Chair Mr. Wagner 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. Present: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis Absent: 1 - Ms. Keller II. Roll Call III. Identification, by Chairman, of Lauren Coffman, Associate Planner Chair Wagner introduced Mr. Nick Sugar and Ms. Lauren Coffman, staff for Community Development. IV. Swearing in of Staff and Audience Addressing the Board. Chair Wagner swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 7-20-23 Minutes of Previous Board of Zoning & Building Appeals Meeting: July 20, 2023. Attachments: July 20, 2023 BZBA Minutes - Draft A motion was made by Ms. Bronstein, seconded by Ms. Davis, that the July 20, 2023, Minutes be approved as submitted. The motion carried by the following vote: Aye: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis VI. Public Hearings - New Business City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final October 5, 2023 A. BZBA 23-696 The subject of this hearing is variances to create two (2) single family house lots at the terminus of Kilbourne Drive and includes the following requests for each lot: 1] Variance requests of thirty-five (35) feet from the requirement that every single-family dwelling lot shall have at least sixty (60) feet of frontage on a public street or roadway resulting in each lot having frontages of twenty-five (25) feet pursuant to section 1208.05(g), “Lot/Frontage/Access to Street” of the City of Hudson Land Development Code. 2] Variance requests of three (3) feet from the requirement that driveways shall be set back at least (3) feet from a property line resulting in a zero (0) foot setback to install a shared driveway along a property line between the two lots pursuant to Section 1201.07(c)(1)(A) “Features Allowed Within a Setback” of the City of Hudson Land Development Code. The applicant is Quinn Miller, 1775 Main St, Peninsula, Ohio 44264. The property owner is Taussig B J Trustee, 2200 Fairfield Lane, Hudson, Ohio 44236 for the property located at parcel #3009982 in District 3 [Outer Village Residential Neighborhood] within the City of Hudson. Attachments: BZBA Staff Report - 11.16.23 Meeting Site Plan - Revised for 11.16.23 Meeting BZBA Staff Report - 10.5.23 Meeting Site Plan - 10.5.23 Meeting PC Decision Letter and Site Plan Site Photos - Renderings Public Correspondence Mr. Sugar introduced the application by: Noting this is an approximate 40 acre undeveloped parcel off Route 303, and described the proposed plan for two lots off Kilbourne Drive with a shared drive which will need approval from the Planning Commission. Mr. Sugar also described: The LDC in question which will require a variance for the 60-foot required frontage, the history of the property in question, the review criterion, potential problems with city services, the property lot lines, and examined the intent of the LDC regarding property turnarounds and access to the street. Mr. Joseph Matava, Peninsula Architects, Mr. & Mrs. Brian Taussig, homeowners, and Mr. Majeed Makhlouf, Council for the property owners were present for the meeting. The applicants discussed their desire to build two homes while retaining the character of the property . Mr. Matava discussed the previously approved plan which required a cul-de-sac which the owners determined would change the character of the property. The proposed plan, with the ten-foot variance, allows the property to largely remain as is with two homes instead of the previously approved three. The applicant presented the proposal noting the proposed house is more than 130-feet from the road, that frontage can be determined in one of two ways - both of which the application meets, and that the applicant feels they are presenting a project in harmony with the neighborhood. Also discussed was the existing stub street in front of their house, that a cul-de-sac would create the required street frontage and is discouraged by the Comprehensive Plan, that three lots will be created after the lot split(s) , that the fire department expressed no objections to the proposal, the potential for subdividing the large property City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final October 5, 2023 in future years, the question if lot 2 requires a variance for the proposed project, and other possible ways to divide the lot that might be more in keeping with the intent of the LDC. Mr. Taussig noted that he donated the land for Wood Hollow Park and other properties in the area and he believes that the land around his proposed house will be preserved for the future . However, because of wanting privacy, he is not prepared to donate the land at this time. Mr. Makhlouf discussed the Hudson Land Development Code which has an emphasis on land preservation, minimization of disturbance, saving trees, not disturbing the neighborhood, and that 1207 .13 notes that cul-de-sacs should be avoided to the extent feasible. Mr. Makhlouf noted the applicant would be open to change the variance request to two lots each requesting 35-foot variances. Chair Wagner opened the meeting for Public Comment. There were no Public Comments. The Board and staff discussed 1207.13, and alternatives to developing a stub street. Mr. Matava and Mr. Makhlouf stated they are open to continuing the Variance Request to revise the application to two variances . A motion was made by Mr. Kahrl, seconded by Ms. Davis, that this Variance be continued. The motion carried by the following vote: Aye: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis B. BZBA 23-831 The subject of this hearing is a variance request of three (3) feet from the required concrete minimum setback of three (3) feet resulting in a driveway setback of zero (0) feet pursuant to Section 1201.07(c)(1)(A), “Rules of measurement - Setbacks - Building and Structure Setbacks from Lot Line” of the City of Hudson Land Development Code in order to expand a driveway. The applicant is Sergei Bastrakov, 1768 E. Sapphire Drive, Hudson, Ohio 44236. The property owner is Sergei Bastrakov, 1768 E. Sapphire Drive, Hudson, Ohio 44236 for the property at 1768 E. Sapphire Drive in District 1 [Suburban Residential Neighborhood] within the City of Hudson. Attachments: 1768 E. Sapphire Dr BZBA Staff Report Ms. Coffman introduced the application by displaying the site plan, describing the project and reviewing the applicable LDC and staff comments. Ms. Coffman also note that work began on the project prior to a permit being issued and a stop work order was issued. Mr. Sergei Bastrakov, applicant, noted additional parking space is needed for his family and he was not made aware of the stop work order given to the contractor until the work was done . Mr. Bastrakov also stated the bushes between the properties will act as a buffer, removing the existing concrete will be a hardship, and he did not wish to disturb existing trees. The Board, staff and applicant discussed the number of cars permitted outside at a residence, the number of cars Mr. Bastrakov has on the property, the possibility of parking on existing concrete on the rear of the property, the possibility of parking on the street, and that a 4-inch encroachment on the neighbor's property is shown by the applicant's survey. Chair Wagner opened the meeting for Public Comment. Mr. Mike Forst, 1778 Saphire Drive, stated the encroachment on his property, the angle of the poured concrete which will direct water onto 1778 Saphire Drive, and that a stop work order was not complied with are all problematic for him and requests the variance be denied. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final October 5, 2023 Seeing no one else wish to make Public Comment, Chair Wagner closed Public Comment . Chair Wagner noted four communications were received by BZBA which all opposed the granting of the variance. Ms. Bronstein made a motion, seconded by Mr. Kahrl, 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 at a public hearing on Thursday, October 5, 2023, the Board of Zoning and Building Appeals voted to deny the following: A variance request of three (3) feet from the required concrete minimum setback of three (3) feet resulting in a driveway setback of zero (0) feet pursuant to Section 1201.07(c)(1)(A), “Rules of measurement – Setbacks – Building and Structure Setbacks from Lot Line” of the City of Hudson Land Development Code in order to expand a driveway. The motion to deny carried by the following vote: Aye: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis VII. Other Business Ms. Coffman noted there are applications for the October 19, 2023 meeting. This matter was discussed VIII. Adjournment A motion was made by Mr. Kahrl, seconded by Ms. Davis, that this be adjourned. The motion carried by an unanimous vote. ________________________________ Mr. Lou Wagner, Acting Chair ________________________________ Ms. Lydia Bronstein, Acting 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 4 Board of Zoning & Building Appeals Meeting Minutes - Final October 5, 2023 City of Hudson, Ohio Page 5