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, April 18, 2024  
7:30 PM  
Town Hall  
27 East Main Street  
I.  
Call to Order  
Roll Call  
II.  
4 -  
1 -  
Present:  
Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis  
Ms. Keller  
Absent:  
III.  
IV.  
Identification, by Chairman, of Lauren Coffman, Associate Planner.  
Swearing in of Staff and Audience Addressing the Board.  
Mr. Wagner swore-in staff and all the persons wishing to speak under oath.  
V.  
Approval of Minutes  
Minutes of Previous Board of Zoning & Building Appeals Meeting: February  
BZBA 2.15.2024  
15, 2024.  
Attachments:  
February 15, 2024 BZBA Minutes - Draft  
A motion was made by Ms. Bronstein, seconded by Mr. Kahrl, that the February 15, 2024,  
Minutes be approved. The motion carried by an unanimous vote.  
VI.  
Public Hearings - New Business  
BZBA 24-270  
The subject of this hearing is a variance request from the requirement to  
provide a public sidewalk on one (1) side of an abutting street pertaining  
to new development, pursuant to section 1205.11(e)(9)(B)(1), “Pedestrian  
amenities/linkages - Sidewalks” of the City of Hudson Land Development  
Code.  
The applicant is Aaron Stainbrook with UHC Construction Services, 154 E.  
Aurora Rd. #155, Northfield, OH 44067. The property owner is 1931  
Georgetown Holdings LLC, 6208 Wessington Dr, Hudson, Ohio 44236 for the  
property at 1931 Georgetown Rd in District 8 [Industrial/Business Park]  
within the City of Hudson.  
Attachments:  
1931 Georgetown Road - BZBA Staff Report  
BZBA memo - 1931 Georgetown Rd  
Updated Site Plan - 1931 Georgetown Rd  
Mr. Sugar introduced the application by: Displaying and describing the site, noting approval for a new structure  
has been given by Planning Commission, that the LDC Standards include a provision for a sidewalk on one side  
of the street, providing examples of how the Standard has been applied in the past including on Georgetown  
Road where the applicant made payment-in-lieu, and reviewing the staff recommendation.  
Mr. Aaron Stainbrook, UHC Construction Services, noted that when the area of the building is considered there  
is little benefit to a sidewalk and requested the requirement be waived.  
The Board, applicant and staff discussed: The length of Georgetown Road, that no properties on Georgetown  
Road have a sidewalk and there are no current plans for sidewalks, that sidewalk priorities have been in  
residential areas, that the LDC does not allow for payment-in-lieu of sidewalks, that developers should expect to  
pay for infrastructure in connection with their projects, that the current project is behind an existing building and  
has no connection to building a sidewalk, that appealing to City Council for a change in the LDC is the more  
appropriate way to become exempt from the sidewalk requirement, that facilities on Georgetown Road rented by  
the City of Hudson do not have sidewalks, that a sidewalk on Georgetown Road would benefit employees, that  
City Council’s intent for not exempting District 8 should be understood, that the owner of the property may  
consider making a donation to the sidewalk fund and is hopeful of getting the project moving forward, that the  
adjacent property was not required to build a sidewalk, that unique situations may exist where a variance might  
be granted, and that a text change might be a six to eight month process.  
The applicant requested the application be tabled to the following BZBA meeting.  
A motion was made by Ms. Bronstein, 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  
BZBA 24-257  
The subject of this hearing is variances to construct an addition and  
includes the following requests: 1] A variance request to allow 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. 2] A variance request of  
twenty-one (21) feet from the required rear yard principal structure  
setback of forty (40) feet, resulting in a principal structure setback of  
nineteen (19) feet pursuant to section 1205.07(d)(6)(C)(1) “Property  
Development/Design Standards - Rear yard depth” of the City of Hudson  
Land Development Code in order to build an addition.  
The applicant is Anthony Slabaugh Remodeling & Design, 4724 Darrow Rd,  
Stow, Ohio 44224. The property owner is Gino and Kate Potesta, 43 Church  
St, Hudson, Ohio 44236 for the property at 43 Church St. in District 4  
[Historic Residential Neighborhood] within the City of Hudson.  
Attachments:  
43 Church St - BZBA Staff Report  
43 Church Street - Perspectus Report  
Ms. Coffman introduced the application by displaying and describing the site, describing the project and  
reviewing the applicable codes, factors, and staff comments.  
Mr. Nick Boka, Anthony Slabaugh Remodeling & Design, explained the purpose and process of the current  
design.  
The Board, applicant and staff discussed: Other possible designs which may reduce the size of the variance  
request, that the back of the house is at the setback limit, that many designs will take the project over the  
impervious surface limits, that the neighbors were notified and no comments were received by staff, that the  
proposed project may change the nature of this historic area, that many properties in the area have garages on the  
side of the house, that moving the detached garage will not eliminate the need for a variance(s), the years the  
various additions were added, that the AHBR historic consultant stated the proposed addition is appropriate for  
the structure and made suggestions, however, AHBR has not reached any decision, that the proposed addition is  
large for this small parcel, and the process between AHBR and BZBA.  
The Board discussed: What basis should be used to make the decision, and that the lot size may not  
accommodate the proposed addition,  
Chair Wagner opened the meeting for Public Comment, there were no Public Comments.  
The Board and applicant discussed whose responsibility it is to bring comments from the neighbors to the Board,  
that the Board cannot supply an acceptable encroachment to the applicant without seeing the design, that Board  
members will take the neighbors comments into consideration, and that the character of the entire Historic  
District must be protected - not just adjoining neighbors,  
The applicant requested the application be withdrawn.  
A motion was made by Ms. Davis, seconded by Ms. Bronstein, that this application be  
withdrawn. The motion carried by the following vote:  
Aye:  
4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis  
BZBA 24-239  
The subject of this hearing is a variance request of thirteen (13) feet from  
the required side yard accessory structure setback of fifteen (15) feet,  
resulting in a side yard setback of two (2) feet pursuant to section  
1205.06(d)(5)(D)(4),  
“Property Development/Design Standards -  
Setbacks” of the City of Hudson Land Development Code in order to  
build a detached garage.  
The applicant is Daniel Marinchick, 166 Ravenna St, Hudson, Ohio 44236.  
The property owner is Daniel Marinchick, 166 Ravenna St, Hudson, Ohio  
44236 for the property at 166 Ravenna St in District 3 [Outer Village  
Residential Neighborhood] within the City of Hudson.  
Attachments:  
166 Ravenna St - BZBA Staff Report  
Ms. Coffman introduced the application by displaying and describing the site, reviewing the project, noting the  
considerations, and reviewing the staff comments and recommendations.  
Mr. Daniel Marinchick, applicant, distributed and explained the revised plans to the Board, and noted the  
difficulty of using the plans which are more compliant with the LDC.  
The Board, applicant and staff discussed: The possibility of a smaller addition, that the neighboring houses all  
have additions similar to the proposed, the possibility of an additional automobile backup area being constructed,  
relocating or eliminating the existing patio in order to reduce the size of the requested variance, the possibility of  
the electrical lines being relocated underground, and that the revised drawings show a three foot setback.  
Chair Wagner opened the meeting for Public Comments.  
Mr. Scott Patterson, 170 Ravenna Street, noted that in 2019 the opposite side neighbor was required to have a  
three-foot setback which Mr. Patterson feels is appropriate for this application.  
Seeing no one else coming forward to speak, Chair Wager closed Public Comment.  
Mr. Kahrl made a motion, seconded by Ms. Davis, 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, April 18,  
2024, to grant the following:  
A variance request of twelve (12) feet from the required side yard accessory structure setback  
of fifteen (15) feet, resulting in a side yard setback of three (3) feet pursuant to section  
1205.06(d)(5)(D)(4), “Property Development/Design Standards – Setbacks” of the City of  
Hudson Land Development Code in order to build a detached garage.  
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 property in question will yield a reasonable return and there could be a beneficial use  
of the property without the variance.  
2. The requested variance represents an 80% deviation from the code requirement but is  
deemed insubstantial based on the small, atypical size of the property in question.  
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 variances would not adversely affect the delivery of governmental services.  
5. The existing regulations were not in affect when the applicant purchased the property in  
1991.  
6. The applicant's predicament cannot be resolved feasibly 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 denying the variance.  
Aye:  
4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis  
BZBA 24-264  
The subject of this hearing is variances to construct two (2) accessory  
structures and includes the following requests: 1] A variance request to  
allow 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. 2] A variance request to  
allow a swimming pool to be located to the side of the main mass of the  
principle structure when the Land Development Code prohibits  
swimming pools from being located to the side of the main mass of the  
principle structure pursuant to section 1206.03(f)(1) “Accessory  
Uses/Structure - Accessory Use Development and Operation Standards”  
of the City of Hudson Land Development Code in order to build a  
pergola and inground pool.  
The applicant is Kody Kocias with Peninsula Architects, 1775 Main St,  
Peninsula, Ohio 44264. The property owner is Philip Lopez, 2715 Hudson  
Aurora Rd, Hudson, Ohio 44236 for the property at 2715 Hudson Aurora Rd  
in District 1 [Suburban Residential Neighborhood] within the City of Hudson.  
Attachments:  
2715 Hudson Aurora Rd - BZBA Staff Report  
Ms. Coffman introduced the application by displaying the site plan, describing the property and project, and  
reviewing the staff comments, and considerations.  
Mr. Joseph Matava, Peninsula Architects, described the context of the project noting the house is a reclaimed  
barn which was moved to this site with the primary exterior exits on the side of the property. Mr. Matava noted:  
The grade of the property is the reason for the design as proposed, the distance from any road is approximately  
300-feet, that the pool house will be in the rear yard and the applicant is willing to submit to landscaping and  
screening conditions.  
The Board, applicant and staff discussed: The size of the pool house, excavating the hill which will require  
moving the pergola to the back yard, that the pool will be more visible to the neighbor if moved back on the  
property, that the proximity of the pool to the house is important, and the mounding around the pool will hide the  
view of the pool if built as proposed.  
Chair Wager opened the floor for Public Comments. There were no Public Comments.  
Ms. Bronstein made a motion, seconded by Mr. Kahrl, 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,  
April 18, 2024, the Board of Zoning and Building Appeals hereby to grant the following:  
Variances to construct two (2) accessory structures and includes the following requests: 1] A  
variance request to allow 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 in order to build a  
pergola. 2] A variance request to allow a swimming pool to be located to the side of the main  
mass of the principle structure when the Land Development Code prohibits swimming pools  
from being located to the side of the main mass of the principle structure pursuant to section  
1206.03(f)(1) “Accessory Uses/Structure – Accessory Use Development and Operation  
Standards” of the City of Hudson Land Development Code in order to build an inground pool.  
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 variances.  
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 proposed improvements would add to the  
value of the property.  
2. The requested variances are substantial; however, based on the atypical topography and lot  
shape, the proposed placement of the accessory structures is the most logical.  
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  
proposed location of the accessory structures would have the least amount of potential impact  
to the surrounding property owners.  
4. The variances would not adversely affect the delivery of governmental services.  
5. The existing regulations were in affect when the applicant purchased the property in 2018.  
6. The applicant's predicament cannot be resolved feasibly through some other method other  
than granting the variance. The Board notes that based on the atypical topography and unique  
flag shape of the lot, the proposed location is the most practical placement of the proposed lot  
improvements.  
7. The spirit and intent behind the zoning requirement would be observed and substantial  
justice would be done by denying the variance.  
Aye:  
4 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis  
VII.  
Other Business  
BZBA Goals Discussion - Database  
BZBA - 7067  
Attachments:  
Memo to BZBA - Database  
Chair Wagner noted City Council agreed to the BZBA request that a data base of applications with certain data  
be created to aid in the consistency of decisions, the Board also discussed additional data to be collected .  
VIII.  
Adjournment  
A motion was made by Mr. Kahr, seconded by Ms. Bronstein, that the meeting be adjourned.  
The motion carried by the following vote:  
4 -  
Aye:  
Mr. Wagner, Mr. Kahrl, Ms. Bronstein and Ms. Davis  
________________________________  
Louis Wagner, Chair  
________________________________  
Lydia Bronstein, Board Member  
________________________________  
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 .  
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