City of Hudson, Ohio

Meeting Minutes - Final

Board of Zoning & Building Appeals

Louis Wagner, Chair

Lydia Bronstein, Vice Chair

Keenan Jones

Robert Kahrl

Cory Scott

Nick Sugar, City Planner

Lauren Coffman, Associate Planner

Thursday, July 17, 2025

7:30 PM

Town Hall

27 East Main Street

Call to Order

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

5 -

Present:

Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Mr. Scott and Mr. Jones

III.

Identification, by Chairman, of City Staff.

Chair Wagner recognized: Ms. Lauren Coffman, Associate Planner; and Mr. Seth Marcum, Associate acting on behalf

of Marshal Pitchford.

IV.

Swearing in of Staff and Audience Addressing the Board.

Chair Wagner swore-in staff and all the persons wishing to speak under oath.

Approval of Minutes

There were no minutes to approve.

VI.

Public Hearings - New Business

BZBA 25-638

The subject of this hearing includes the following requests:

1. An expansion of a nonconforming structure request to allow an

existing garage to be enlarged to accommodate a second floor accessory

dwelling unit pursuant to section 1206.05(f)(1)(B), “Nonconforming

Structures - Enlargement” of the City of Hudson Land Development

Code.

2. A variance of three (3) feet from the maximum accessory structure

height of eighteen (18) feet resulting in an accessory structure height of

twenty-one (21) feet in order to accommodate a second floor accessory

dwelling unit pursuant to Section 1206.03(d)(7), “Accessory Use

Development and Operational Standards - Height” of the City of Hudson

Land Development Code.

The applicant is Greg Chaplin, 596 S. Elm Ave, Tallmadge, Ohio 44278. The

property owner is Michael Flynn, 439 N Main Street, Hudson, Ohio 44236 for

the property at 439 N Main Street in District 3 [Outer Village Residential

Neighborhood] within the City of Hudson.

Attachments:

439 N Main St - BZBA Staff Report 8.21.2025

439 N. Main - BZBA Staff Report

Ms. Coffman introduced the application by describing the property, the location, the project, the applicable LDCs, and

the staff comments.

The Board entered an approximately 14-minute executive session to clarify a procedural issue.

Chair Wagner explained that the applicant is responsible to present a compelling reason a variance should be granted,

and prove each element of the case. Chair Wagner also explained for the following two reasons, the applicant has

given the Board little leeway to grant the requested variance:

1. No unusual or special circumstances were given for the request to be granted. This conflicts with the LDC, which

requires exceptional or unusual conditions to exist for a variance to be granted.

2. BZBA is given 7 factors to consider prior to granting a variance, The applicant did not use the 7 factors to

demonstrate reasons for granting a variance,

Mr. Creg Chaplin, applicant, and Mr. Michael Flynn, were present for the meeting. Mr. Chaplin noted the desire to use

the existing structure with modifications to improve its function.

The Board, applicant, and staff, discussed if there are any special circumstances with this property as compared to the

surrounding properties. Mr. Chaplin stated that to place a structure elsewhere on the property would be more

environmentally intrusive than modifying the existing building. The applicant also discussed the property lines and

setbacks. The Board and applicant discussed the practical difficulties of enlarging the existing structure on the ground

level, and noted that building a second story on the existing garage would bring a similar element to the house which

has 2 levels.

The Board and applicant discussed continuing the application to give the applicant an opportunity reread the LDC

code to help form the answers to why a variance should be granted, keeping in mind the comparisons to other

properties in the area.

The applicant requested that the application be continued.

A motion was made by Mr. Kahrl, seconded by Mr. Scott, that this Variance application be

continued. The motion carried by the following vote:

Aye:

5 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Mr. Scott and Mr. Jones

BZBA 25-737

The subject of this hearing is a variance request to allow a 400 square ft

restroom building, an accessory structure, to be located in the side yard

when the Land Development Code prohibits accessory structures from

being located in the side yard pursuant to section 1206.03(d)(3),

“Accessory Uses/Structure - Accessory Use Development and Operation

Standards” of the City of Hudson Land Development Code.

The applicant is Eric Dalpiaz, 6677 Frank Ave NW, North Canton, OH 44720.

The property owner is Christ Community Chapel, 750 W Streetsboro St,

Hudson, Ohio 44236 for the property at 750 W Streetsboro St in District 3

[Outer Village Residential Neighborhood] within the City of Hudson.

Attachments:

750 W. Streetsboro St - BZBA Staff Report

Ms. Coffman introduced the application by describing the property, the project, the applicable LDCs, and the staff

comments and considerations.

Mr. Jimmy Kozy, Christ Community Chapel, (CCC), stated currently CCC has a playground and field that serve the

church and community, the purpose of the variance request is driven by a desire to further serve the community with a

restroom near the playground. Currently the church building is left open for people to use the restrooms, the proposed

restroom will allow the building to be locked for security purpose, while still providing restrooms for the community.

Mr. Kozy also noted that the restroom will allow better access than having to enter the church building.

Mr. Eric Dalpiaz, Sol Harris Day Architecture, noted the practical difficulty with roads on two sides of the building,

and the corner lot. He also discussed the setbacks of 362 feet from Terex Road, 439 feet from Streetsboro Road, and

776 feet from the residential area, as well as the Conditional Use permit's required screening, that will limit the

visibility of the building from the surrounding road and cause it to look like part of the existing structure from the

road.

The Board, applicant, and staff discussed: The lines that mark the location of the front, side and back yards, and noted

that if the restroom is to be placed in the backyard, it will end up being in the rear portion of the parking lot. The

Board also discussed the 4 to 5 foot high mounding, the grade changes on the property, the types of landscaping,

CCCs desire not to have children crossing the parking lot to use the restroom, that the hours of the playground will be

similar to other Hudson parks, i.e., dawn to dusk, that after 4:30 p.m. there are less staff members in the building to

provide security, and that the restrooms will be ADA compliant.

Mr. Kahrl made a motion, seconded by Mr. Jones, based on the evidence presented to the

Board at Town Hall, 27 East Main Street, Hudson, Ohio, 44236 at 7:30 p.m., on Thursday, July

17, 2025, that the Board of Zoning and Building Appeals grant the following:

A variance request to allow a 400 square ft restroom building, an accessory structure, to be

located in the side yard when the Land Development Code prohibits accessory structures from

being located in the side yard pursuant to section 1206.03(d)(3), “Accessory Uses/Structure –

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.

The Board finds and concludes;

1. The Board acknowledges that there would be beneficial use of the property without the

variance.

2. The requested variance would represent a 100% deviation from the Land Development

Code requirement. However, the Board finds that the requested placement of the outdoor

restroom facility is the most functional and reasonable placement of the structure on the

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 variance. The

Board acknowledges that the structure would have substantial setbacks from the adjacent

arterial roads and surrounding residential uses.

4. The variances would not affect the delivery of governmental services.

5. The existing regulations were not in effect when the applicant purchased the property in

1997.

6. The applicant's predicament can not be resolved feasibly through some method other than

granting the variance. The Board notes that the proposed placement of the outdoor restroom

facility is the most practical placement on the lot.

7. The spirit and intent behind the zoning requirement would not be observed and substantial

justice would not be done by granting the variance.

Aye:

5 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Mr. Scott and Mr. Jones

VII.

Other Business

Chair Wagner announced that Ms. Coffman will be moving to be the staff serving the AHBR.

VIII.

Adjournment

A motion was made by Ms. Bronstein, seconded by Mr. Kahrl, that the meeting be adjourned.

The motion carried by a unanimous vote.

________________________________

Lou Wagner, Chair

________________________________

Lydia Bronstein, 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 .