Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals Lydia Bronstein David Coleman Jane Davis Robert Kahrl Lou Wagner Nick Sugar, City Planner Lauren Coffman, Associate Planner Thursday, June 20, 2024 7:30 PM Town Hall 27 East Main Street I. Call to Order Acting Chair 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. II. Roll Call Present: 4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis III. Election of Officers A motion was made by Mr. Kahrl, seconded by Mr. Wagner that Ms. Davis be elected chair of BZBA. The motion carried by the following vote: Aye: 5 - Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis Election of Officers The Board noted Mr. Wagner was elected Vice chair in the January meeting. This matter was discussed IV. Identification, by Chairman, of Lauren Coffman, Associate Planner, Mr. Greg Hannan, Community Development Director, and Mr. Marshall Pittsford, Acting Solicitor. Acting Chair Wagner thanks Ms. Kerri Keller for her years of service on BZBA and her time as the Chair of the Board. Mr. Pitchford swore in Mr. David Coleman to the BZBA. V. Swearing in of Staff and Audience Addressing the Board. Mr. Wagner swore-in staff and all the persons wishing to speak under oath. Ms. Davis assumed the chair for the remainder of the meeting. City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 VI. Approval of Minutes BZBA 5.16.2024 Minutes of Previous Board of Zoning & Building Appeals Meeting: May 16, 2024 Attachments: May 16, 2024 Meeting Minutes - Draft A motion was made by Mr. Kahrl, seconded by Ms. Bronstein, that the May 16, 2024 Minutes be approved as submitted. The motion carried by the following vote: Aye: 3 - Mr. Wagner, Mr. Kahrl and Ms. Bronstein Abstain: 2 - Keller and Ms. Davis VII. Public Hearings - New Business BZBA 24-501 The subject of this hearing is variance request of fifteen (15) feet from the required minimum setback of fifteen (15) feet resulting in a zero (0) foot setback pursuant to section 1207.17(d)(4), “Signs - Permanent ground signs” in order to construct a permanent ground sign. The applicant is Joe Creehan, 7 Morning Song Ln, Hudson, Ohio 44236. The property owner is Case Barlow Bicentennial Farm Inc, P.O Box 2143, Hudson, Ohio 44236 for the property at 1931 Barlow Rd. in District 3 [Outer Village Residential Neighborhood] within the City of Hudson. Attachments: 1931 Barlow Rd - Staff Report 1931 Barlow Rd Memo - BZBA Update Ms. Coffman introduced the application by displaying and describing the property and variance request, and by reviewing the staff comments, recommendations, applicable Land Development Code (LDC) standards, and the considerations. Mr. Charles Robinson, 183 Ravenna Street, speaking on behalf of the applicant described the educational / historical property, the reason for the sign placement, and stated he believes the sign is appropriate and fits the property. The Board, staff and applicant, noted the proposal is to move the existing fence back and install a five foot by ten-foot sign perpendicular to the road to help distinguish between Barlow Park and Case Barlow Farm . It was noted that granting the variance in the proposed location could affect the ability to install a trail or sidewalk in the future. Also discussed was: Reducing the size of the sign, how part of the design may be considered landscaping, and alternative sign designs. Chair Davis opened the meeting for Public Comment. Mr. Jim Cavoli, 7735 Valley View Road, noted his support for the variance and believes the possibility of adverse effects from granting the variance are minimal. Mr. Cavoli also stated he believes the design of the sign is good. City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 Seeing no one else come forward to speak, Chair Davis closed Public Comment . The Board discussed: Moving the fence back or reducing the size of the sign, either of which will minimize the variance request, the amount of usable space for events if the fence is moved, that a variance will not be need if the fence is moved back 15-feet, and the possibility of moving only sections of the fence back . The applicant requested a continuance to the July 18, 2024, BZBA meeting. A motion was made by Mr. Wagner, seconded by Ms. Bronstein, that in response to the applicant's representative's request, this application be continued to the July 18, 2024, BZBA meeting. The motion carried by the following vote: Aye: 5 - Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis BZBA 24-569 The subject of this hearing are variance requests from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, wetlands and their setbacks pursuant to section 1207.03(c), “Prohibited Activities - Wetland and Stream Corridor Protection” of the City of Hudson Land Development Code. The request is associated with the Cottages at Pine Ridge, a proposed residential subdivision. The variance requests include: 1. Disturbance within a wetland setback to install a sanitary sewer line. 2. Disturbance within a delineated .18 wetland and its setback to construct a stormwater pond. The applicant is Chris Brown, 778 McCauley Rd Suite 140, Stow, Ohio 44224. The property owner is Prestige & Premier Companies, 4301 Darrow Rd STE 2500, Stow, Ohio 44224 for the property at 525 W. Streetsboro St. in District 2 [Rural Residential Conservation] within the City of Hudson. Attachments: 525 W. Streetsboro St - Staff Report Planning Commission Staff Report and Decision 525 W. Streetsboro St - Wetland Delineation Ms. Coffman introduced the application by describing the 72-acre property, reviewing past PC decisions, and the variance, considerations, staff comments and recommendations. Mr. Chris Brown, representing Prestige and Premier Companies, GBI, and the Prestige Builder Group, described the low-quality wetland and area of disturbance in the wetland buffer area which will be restored after the work is completed. Mr. Brown also described the low area where water collects and the intent to make a better pond in the wetland area. The Board, staff and applicant discussed: The location of the sewer trunk line, the history of the property, how the adjacent Hudson West storm water management will be improved, that the wetlands will remain designated as wetlands and are under federal, state and local regulations, that no resident private property is impacted by the wetlands, that the retention pond is at the lowest point in the development, the impact of not installing the pond, that homes will have walkout basements that slope towards the wetlands, and where buffering and mounding will take place which will channel water into the pond, City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 Chair Davis opened the meeting for Public Comments. There were no Public Comments. The Board discussed: The value of the requested variance to the community, the lack of impact the sanitary sewer connection will have, and that the existing wetlands is low quality. 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, Ms. Bronstein made a motion, seconded by Mr. Wager that the Board of Zoning and Building Appeals grant variance requests from the prohibited activity of disturbance, including clearing of vegetation within stream corridors, wetlands and their setbacks pursuant to section 1207.03(c), “Prohibited Activities – Wetland and Stream Corridor Protection” of the City of Hudson Land Development Code. The request is associated with the Cottages at Pine Ridge, a proposed residential subdivision. The variance requests include: 1. Disturbance within a wetland setback to install a sanitary sewer line. 2. Disturbance within a delineated .18 wetland and its setback to construct a stormwater pond. 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 variances; however, the Board notes the existence of current stormwater drainage issues on the property in question that would be alleviated by the requested variances. 2. The requested variances represent a 100% deviation from the code requirement; however the variances would be of beneficial use to the property in question, as well as the adjacent property owners. 3. The essential character of the neighborhood would not be substantially altered, and adjoining properties would benefit as a result of the variances. 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 2007. 6. The applicant's predicament can be resolved feasibly through some other method other than granting the variance; however, after discussion the Board finds that the requested variances are the most reasonable solution to the stormwater drainage issues 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. The motion was approved by the following vote: Aye: 5 - Keller, Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis BZBA 24-493 The subject of this hearing is a request for an appeal, pursuant to Section 1212.01(b), from the final decision made by the Architectural and Historic Board of Review to deny a request on April 24, 2024, for a proposed addition including a front facing bi-fold garage door, per case No. 2024-135. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 The appellants are Timothy and Miranda Raggets of 1727 Mayflower Ln, Hudson, Ohio 44236. Attachments: 1727 Mayflower Ln - Staff Report Appellant statement for Appeal and supporting douments AHBR Agendas & Minutes Resident letters Ms. Davis made a motion to move into executive session, Mr. Wagner seconded the motion. The motion was approved. The Board reconvened at Chair Davis’s announcement. Solicitor Pitchford explained the purpose of the executive session as being to discuss procedural issues during the hearing of the appeal. Mr. Hannan introduced the appeal by explaining the application presented to AHBR at the February 28, April 10 , and April 24, 2024, meetings, and the AHBR's subsequent denial of the application based on the Design Standards, which were enumerated. Ms. Miranda Raggets, 1727 Mayflower Lane, described: The project and 32-foot travel trailer which was cited for being outdoors on their property, the work involved in placing the camper in storage, the proposed renovation of their home, various iterations of the plan presented to AHBR, the large proposed door and the Board’s lack of reasons based on the codes for the denial. Ms. Raggets also described errors made by staff and the AHBR when their application was denied, stated the size of the door is not included in the code, that AHBR members often referred to their opinion of the door without citing the LDC or Design Standards, that other applications have been approved with materials not listed in the code, that the project was not reviewed from an architectural standard, that the AHBR was inconsistent in their discussions and determinations, that the application was denied because of a forward facing garage door and that requesting a variance was never mentioned to them, and that a list of campers was sent to the city without action being taken on any of them. Ms. Raggets also: Discussed the purpose of the proposed plan is also for additional living space, reviewed alternative trailer storage ideas which were considered, disagreed with the staff comments regarding the application, noted other unique garage doors in Hudson, and stated the door will look like the front of the house when it is closed. The Board, applicant and staff discussed the list of campers and trailers that Ms . Raggets notified the City about, that the Board does not have a written decision from AHBR, that the Board in its meeting denied the application based on front facing garage doors not being allowed, and reviewed the Design Standards regarding the front facing garage doors. Chair Davis offered that the Board can make a decision or continue the appeal and request more information from the AHBR. Solicitor Pitchford and Ms. Raggets discussed her understanding of the regulations regarding doors being on the front of the house, if the application is for new construction, if the Design Standards are being met, that barriers exist to making a rear entry garage door, if pictures and statements were presented to the AHBR, and how the City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 garage door is designed and built. Discussion also took place regarding pictures of the door being open, the proposed door design, that the amount of time the door is open is not part of the Design Standards, that the applicant purchased the house in 2020 and moved the trailer to the property in 2021, and that the denial was based on the opinion the door is not liked by AHBR members. Mr. Hannan explained the LDC regarding trailers at a house, that the trailer may be stored in the yard of the house on a cement pad, and that Community Development has reviewed and taken action on the list provided by Ms. Raggets. The Board noted the Design Standards refer to the context of the doors in relation to the neighbor’s doors . In response to questioning Mr. Hannan noted new construction, in AHBR’s view, was applicable to this application, that the faux appearance of the door goes away when open, and that according to the LDC 1205 .6, a garage door in this district may not face the street. The Board noted this addition is clearly new construction, that when there is ambiguity in the law it is the Board’s responsibility to interpret, and that no picture of what the house would look like with the garage door was presented to any Board. Mr. Jeff Raggets, 244 Yosemite Drive, Euclid, noted the code does state new garage door must compliment the surrounding neighborhood which in this neighborhood 99 percent of the doors face forward . Mr. Raggets also stated this door is only a door when open, that this door may be seen as a wall replacement and will only to be open when the camper is moved in or out, that the new construction standard regarding front facing garage doors do not apply in this situation, and his opinion that the AHBR is biased against the proposed door . The Board opened the public hearing to receive testimony from the audience . Mr. Steven Brown, 1717 Mayflower Lane, noted: There is not access to the back of the house without taking out numerous trees that give the neighborhood good character, that all the houses in the neighborhood have front facing garage doors, and that another trailer is allowed in the neighborhood . Mr. Scott Gillis, 6000 Brewster Drive, noted a side entrance is not a good solution, and that the proposed garage door is a good solution for the neighborhood, Mr. Jim Calovi, 7735 Valley View Road, noted the codes for larger vehicles are difficult to interpret and may disallow any vehicle to be parked on private property for longer than three days and strongly recommended that whenever possible the Board allow for storage of vehicles indoors. Mr. Pitchford questioned Mr. Hannan regarding: his employment title, employment history in city planning, his education regarding city planning, the Hudson LDC, architectural standards, his review of the standards, his interpretation that this project does not fulfill one of the five principles listed within Section I-2 of the Architectural Design Standards. Mr. Pitchford further questioned Mr. Hannan regarding his interpretation that the proposal is applicable as new construction within the Architectural Design Standards and his interpretation that the proposal conflicts with Section IV-4(b)(3) standard that an attached garage must be entered from the side yard or from the rear. Mr. Pitchford concluded his line of questioning. Mr. Jeff Raggetts inquired to the Board about the possibility of submitting a new revised design with a rear facing garage door to the Architectural and Historic Board of Review but expressed concern regarding the new proposal and being given fair treatment by the Architectural and Historic Board of Review moving forward . Chair Davis questioned if anyone in the audience had any additional comments . Hearing none, Chair Davis closed the evidence portion of the meeting. City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final June 20, 2024 Chair Davis questioned if any of the Board members had additional questions or comments for staff . Hearing none, Chair Davis closed the discussion portion of the meeting. Chair Davis noted the late hour and stated that the Board had been presented with a great deal of information to review and the Board would like additional time to review all submitted materials and requested that Mr. Pitchford, based on the evidence presented that evening, prepare a written findings of fact for the Board to review at the next regularly scheduled meeting, taking place on July 18, 2024. This matter was continued. VIII. Other Business There was no Other Business. IX. Adjournment Chair Davis moved to adjourn the meeting. ________________________________ Jane Davis, 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