City of Hudson, Ohio

Meeting Minutes - Final

Board of Zoning & Building Appeals

Jane Davis, Chair

Lou Wagner, Vice Chair

Lydia Bronstein

David Coleman

Robert Kahrl

Nick Sugar, City Planner

Lauren Coffman, Associate Planner

Thursday, November 21, 2024

7:30 PM

Town Hall

27 East Main Street

Call to Order

Chair Davis 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, Ms. Davis and Mr. Coleman

III.

Identification, by Chairman, of Lauren Coffman, Associate Planner.

Chair Davis introduced Associate Planner, Lauren Coffman; City Planner, Nick Sugar; and City Solicitor

Marshall Pitchford.

IV.

Swearing in of Staff and Audience Addressing the Board.

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

Approval of Minutes

Minutes of Previous Board of Zoning & Building Appeals Meeting: October 17,

2024

BZBA

10-17-2024

Attachments:

October 17, 2024 BZBA Minutes - Draft

A motion was made by Ms. Bronstein, seconded by Mr. Wagner, that the October 17, 2024,

Minutes approval be postponed to the December 12, 2024, Board of Zoning & Building Appeals

meeting in order for staff to further refine the motion made by Mr. Kahrl for Case 24-637. The

motion carried by the following vote:

Aye:

5 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Ms. Davis and Mr. Coleman

VI.

Public Hearings - New Business

BZBA 24-1119

The subject of this hearing is a variance request of two (2) feet from the

maximum allowable fence height within the side yard of four (4) feet

above the elevation of the surface of the ground, resulting in a height of

six (6) feet in order to construction a privacy fence pursuant to section

1206.03(a)(4) “Accessory Uses/Structures

Fences and Walls,

Residential” of the City of Hudson Land Development Code.

The applicant is Amanda Keller, 233 Aurora St, Hudson, Ohio 44236. The

property owners are Keller Damon Co Trustee and Keller Amanda Co Trustee,

233 Aurora St, Hudson, Ohio 44236 for the property at 233 Aurora St in

District 4 [Historic Residential Neighborhood] within the City of Hudson.

Attachments:

233 Aurora St BZBA Staff Report

Ms. Coffman introduced the application by describing the location and size of the property and the house which

was built in the 1830s.

Mr. Damon and Ms. Amanda Keller, homeowners, stated noise reduction is the purpose of the requested variance

and described various locations which were considered for the fence.

The Board, applicant, and staff discussed: The unusual shape of the parcel located between two streets, that

privacy is also a purpose of the proposed fence, that landscaping the fence area will be part of the project, that

the contractor believes a six-foot fence will have a substantial noise reduction affect, that the applicant knows a

fence will not completely solve the noise problem but will help, and the location of the 48-foot fence was shown

on the map.

The Board discussed how the Kellers have beautified the property during their ownership, that this is a unique

property, and an exception should be made to allow a six-foot fence. The Board also discussed making

landscaping a condition of the variance, but ultimately decided it was not necessary.

Mr. Kahrl made motion, seconded by Ms. Bronstein, based on the evidence presented to the

Board on Thursday, November 21, 2024, the Board of Zoning and Building Appeals to grant the

following a variance request of two (2) feet from the maximum allowable fence height within

the side yard of four (4) feet above the elevation of the surface of the ground, resulting in a

height of six (6) feet in order to construction a privacy fence pursuant to section 1206.03(a)(4)

“Accessory Uses/Structures – Fences and Walls, Residential” 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 beneficial use of

the property without the variance, as the property currently has a functional patio.

2. The requested variance represents a 33% deviation from the code requirement and is

deemed insubstantial.

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 proposed fence will have a fifty (50) foot setback from Aurora St

and is the most efficient solution for the property in question.

4. The variance would not adversely affect the delivery of governmental services.

5. The existing regulations were in affect when the applicant purchased the property in 2022.

6. The applicant's predicament can be resolved feasibly through some other method other

than granting the variance, however; the Board notes that the six (6) foot proposed fence is the

most efficient and beneficial solution for the property in question.

7. The spirit and intent behind the zoning requirement would be observed and substantial

justice would be done by granting the variance.

Aye:

Nay:

4 - Mr. Kahrl, Ms. Bronstein, Ms. Davis and Mr. Coleman

1 - Mr. Wagner

BZBA 24-1195

The subject of this hearing is a variance request to allow the construction

of a forward-facing garage when the Land Development Code prohibits

doors of private attached garages to face the street pursuant to section

1205.06(d)(9)(D)(1), “Property Development/Design Standards - Building

siting and orientation” of the City of Hudson Land Development Code.

The applicant is Steve Hanna, 4277 Laura Marie Drive, Waynesville, Ohio

45068. The property owners are Eric and Ashley Long, 61 Sussex Rd,

Hudson, Ohio 44236 for the property at 61 Sussex Rd in District 3 [Outer

Village Residential Neighborhood] within the City of Hudson.

Attachments:

61 Sussex Rd BZBA Staff Report

Public Correspondence

Ms. Coffman introduced the application by describing the .59 acre property and project, reviewing the applicable

LDC, describing the purpose of proposed project, and reviewing the staff comments and considerations.

Mr. Steve Hanna, applicant, described the special accommodations required for the Long's son, described various

plans that were considered and the costs involved, as well as the proposed plan. Mr. Hanna stated the proposal

would convert their existing garage to a first floor bedroom suite and construct a new attached garage to load and

unload their son, which is best done with a front facing garage. Mr. Hanna stated the AHBR has reviewed the

proposal and recommended moving ahead to secure the variance, that the neighborhood is filled with front facing

garages, and Mr. Hanna believes the request is reasonable.

Mr. Eric Long, homeowner, noted that the predominance of garages in the neighborhood are rear or side loading

but there are many front facing garages and that as their child grows they will be limited in their ability to carry

their child in and out of the house.

The Board noted many public comments received in support of the variance, recognized the special obligation on

the city brought by the American with Disabilities Act, discussed that ADA accommodations should be part of a

city process administered by staff instead of a Board, and discussed the correct way to grant this as a variance or

ADA compliance issue.

Ms. Bronstein made a motion, seconded by Mr. Wagner, based on the evidence presented to the

Board on Thursday, November 21, 2024, that the Board of Zoning and Building Appeals grant

a variance request to allow the construction of a forward-facing garage when the Land

Development Code prohibits doors of private attached garages to face the street pursuant to

section 1205.06(d)(9)(D)(1), “Property Development/Design Standards – Building siting and

orientation” of the City of Hudson Land Development Code.

The Board finds and concludes;

1. While there can be beneficial use and a reasonable return without the variance, the Board

acknowledges that the property in question and intended use would be greatly improved by

allowing the proposed variance.

2. The requested variance represents a 100% deviation from the code requirement, however;

the Board acknowledges the existence of numerous other forward-facing garages within the

neighborhood and considers the variance insubstantial.

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 the public comments received regarding the proposed variance.

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 2019.

6. The applicant's predicament can be resolved feasibly through some method other than

granting the variance, however; the Board notes that the construction of a rear-loading garage

is impractical for the intended use for this property. The Board acknowledges that a

forward-facing garage is the most efficient and beneficial solution for the property in question.

7. The spirit and intent behind the zoning requirement would be observed and substantial

justice would be done by granting the variance.

Aye:

5 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Ms. Davis and Mr. Coleman

VII.

Other Business

BZBA Database - Update

BZBA 7677

Attachments:

Memo to BZBA

Ms. Coffman described the draft version of the BZBA database which is included in the staff report to the Board.

BZBA 2025 Meeting Calendar

BZBA 7678

Attachments:

BZBA 2025 Meeting Calendar

A motion was made by Mr. Wagner, seconded by Mr. Coleman, that the 2025 meeting calendar

be approved as submitted. The motion carried by the following vote:

Aye:

5 - Mr. Wagner, Mr. Kahrl, Ms. Bronstein, Ms. Davis and Mr. Coleman

VIII.

IX.

Staff Update

Ms. Coffman requested the Board think through the 2025 goals for City Council review.

Adjournment