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, November 16, 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: 5 - Ms. Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis III. Identification, by Chairman, of Lauren Coffman, Associate Planner. Chair Keller introduced staff in attendance: Mr. Sugar, Senior Planner; and Ms. Lauren Coffman, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Chaior Keller swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes A. BZBA 10.5.23 Minutes of Previous Board of Zoning & Building Appeals Meeting: October 5, 2023. Attachments: October 5 2023 - BZBA Minutes - Draft A motion was made by Mr. Wagner, seconded by Ms. Davis, that the October 5, 2023, Minutes be approved as amended. The motion carried by the following vote: Aye: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis Abstain: 1 - Ms. Keller VI. Public Hearings - New Business There was no new business. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final November 16, 2023 VII. Public Hearings - Continued 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 Ms. Coffman introduced the application by describing the property, noting the applicant appeared before the Board at the October 5, 2023, meeting and described the subsequently revised application and variance requests . Mr. Joe Matava, Peninsula Architects, noted the revised application reflects the Board’s suggestions including meeting with the adjacent neighbors and the shared driveway. The Board, applicant and staff discussed: · The previous variance requests · The easement which is owned by both properties will be provided near the private shared driveway · That the frontage is on Kilbourne Drive · That any future development on the property will be off Streetsboro Street · That the design of the houses has not been done · That there are no anticipated outbuildings on the property · That with the structures having an anticipated 130-foot setback, many of the siting requirements do not apply, Chair Keller opened the meeting for Public Comments. Seeing no one coming forward, Chair Keller closed City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final November 16, 2023 Public Comments. The Board noted changes made from the previous application. Mr. Wagner made a motion, seconded by Ms. Davis, based on the evidence presented to the Board on Thursday, November 16, 2023, that the Board of Zoning and Building Appeals grant the following: 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 Board finds and concludes; 1. The property in question will yield a reasonable return and there could be a beneficial use of the property without the variance; however, the applicant has demonstrated that the proposed design option will be less impactful for serving only two homes than the alternative of constructing a cul-de-sac. 2. The requested variances are substantial; however, in comparison with the 40+ acres to remain undisturbed on the property, the variances are believed to be a reasonable request for this atypically large property. 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 only a small portion of the total acreage is being disturbed, which is approximately 2 acres. The Board received correspondence from adjoining property owners in support of the variance requests. 4. The variances would not adversely affect the delivery of governmental services. The homeowner has acknowledged the accommodations they will need to make for potential challenges with city services; primarily snow removal. 5. The applicant purchased the property prior to the establishment of the code in 1999. 6. The applicant's predicament can be resolved through some other method other than granting the variance. The property owners could move forward with the previously approved plan for a cul-de-sac to meet the Land Development Code requirements; however, the applicant has demonstrated that there is less of an environmental impact on the land in question with the proposed variance requests. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting both variances. City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final November 16, 2023 The motion was approved by the following vote: Aye: 5 - Ms. Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis VIII. Other Business Ms. Coffman noted one application is anticipated for the December 14, 2023, BZBA meeting. A. BZBA 2024 2024 BZBA Meeting Schedule Schedule Attachments: BZBA 2024 Meeting Calendar A motion was made by Ms. Bronstein, seconded by Mr. Kahrl, to accept the 2024 Meeting Schedule as amended. The motion carried by the following vote: Aye: 5 - Ms. Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis VIX. Adjournment A motion was made by Mr. Wagner, seconded by Ms. Davis, 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 4