2026-11-09 - City Council Special Meeting

1990 >> I >> 10 >> We're going to call our special meeting public hearings to order at this time. Our clerk will read the roll. >> Bolden >> Aye. >> Boyce >> Aye. >> Connor >> Aye. >> Davis >> Aye. >>

Garrett >> Present. >> Greer >> Aye. >> Hanna >> Aye. >> Cramer >> Aye. >> Lombardo >> Aye. >> McKitrick >> Aye. >> Omobian >> One more time. >> Omobian >> Present. >> Somerville >> Aye. >> Wilson >>

[snorts] >> Aye. >> All members are present. >> Thank you. We >> do have four items up for public hearing and our clerical read in item number one. >> Notice is hereby given that the following open

comment public hearing will be held by the council of the city of Akron on Monday, November 9th, 2026 during a special meeting to be held at 5:00 p.m. Ordinance authorizing a conditional use to

construct a pavilion at 859 Ardmore Avenue. This notice was advertised in the Akron Beacon Journal on October 24th and on Akron City Council's website beginning October 22nd. >> Mr. Slob. >> Thank

you, Madam President, members of council. The petitioners requesting permission to construct a pavilion in the rear yard because the total area of the existing garage and the proposed structure will

exceed the maximum allowable area of 40% of their required rear yard area on this residential lot, a conditional use is necessary. The 16 ft by 28 ft pavilion will be sited 6 and 1/2 ft from the rear

property line, 3 ft from the existing garage, and 6 ft 3 in from the abutting home at 122 Everett Avenue. Six 4x4 posts will support a hipped roof with dimensional shingles uh reaching a peak height

of 13 and 1/2 ft. The petitioner states that the structure will be used as an outdoor gathering space for visitors, volunteers, educational events, recovery related programming, and small group

activities connected with the mission of Dr. Bob's home. The planning staff is of the opinion that the structure should not have a negative impact on surrounding properties, particularly because the

organization owns the adjacent homes at 122 Everett Avenue and 855 Ardmore Avenue. The pavilion is an attractive addition providing usable open space for the well-maintained property. The planning

staff and planning commission have both recommended approval of the request. Thank you. >> Thank you so much. At this time, we're going to open up our public hearing. Seeing and hearing no one that

wished to speak in favor or against, we'll close our public hearing. Councilman Kamer, what is the committee's pleasure? >> Thank you, Madam President. I'd like to poll my committee for a favorable

report. That would be Connor. >> Aye. >> Uh, Bolden. >> Aye. >> Boys. >> Aye. >> Hannah. >> Aye. >> And myself, aye. >> Thank you. Councilman Kamer, any further comments? >> Uh, I do not have any

additional comments for this one. >> Thank you. Councilwoman Davis. >> Thank you. Just want to say I went over and took a tour. Really nice place. Uh, I'm going to support this legislation and I

really didn't know what was over there, so I was able to tour two buildings. So, yes, I stand in full support. >> Thank you. Any other comments at this time? The committee's report is favorable. All

in favor, signify by saying aye. >> Aye. >> Aye. >> Aye. >> Any oppose? The ayes have it. >> This ordinance passes 13 to zero. Notice is hereby given that the following open comment public hearing

will be held by the Council of the City of Akron on Monday, November 9th, 2026 during a special meeting to be held at 5:00 p.m. Ordinance authorizing a conditional use to retain a fire escape and

house six individuals at 633 Edgewood Avenue. This notice was advertised in the Akron Beacon Journal on October 24th and on the Akron City Council website beginning October 22nd. >> Mr. Haszbach. >>

Thank you, Madam President. The petitioner is seeking approval to house six individuals within a dwelling unit and to retain a fire escape that extends to within 22 inches of the northern property

line. Requests to vary the side yard area more than six inches for the narrow yard and to house more than five individuals in a single-family dwelling both require conditional use approval. The wooden

fire escape along the dwelling's north side measures 32 inches in width and rises from the ground near the middle of the dwelling to a landing at the northeast corner of the dwelling. The stairwell

then wraps around the corner ascending to the third floor. The petitioner has also stated that six adult individuals are occupying the house. Goals the land use and development guide plan include

improving the quality of housing of all residential areas and providing a full range of housing alternatives. The three-story dwelling is a rooming house for six individuals and has been recently

inspected and approved for such use by Akron's housing division. As such, the exterior staircase is required by housing code. The placement of the stairwell on the north side of the dwelling is

logical because of the driveway on the opposite side and a first floor addition and a walkout basement on the rear of the dwelling. The abutting vacant properties are all owned by the Akron Zoo.

Having one extra individual living in a large residence poses no impact on this neighborhood. The proposed exterior stairwell will add value to this Sherbondy Hill neighborhood home without imposing

on surrounding properties. But the planning staff and planning commission have recommended approval of the request. Thank you. >> Thank you so much. At this time, we're going to open up our public

hearing. Seeing and hearing none that wish to speak in favor or against, we will close our public hearing. Councilman Kamer, what is the committee's pleasure? >> Thank you, Madam President. I'd like

to poll my committee for a favorable report. Uh, Connor? >> Aye. >> Bolden? >> Aye. >> Boyce? >> Aye. >> Hanna? >> Aye. >> And myself, aye. >> Thank you. Any further comment? >> Uh, no, but I'll yield

to you if you have any additional comments. >> I do not have any additional comments and I have no objections and I am in support. Any other further comments? Thank you. The committee's report is

favorable. All in favor, signify by saying aye. >> Aye. >> Aye. >> Any oppose? The eyes have it. >> This ordinance passes 13 to zero. Notice is hereby given that the following open comment public

hearing will be held by the council of the city of Akron on Monday, November 9th, 2026 during a special meeting to be held at 5:00 p.m. Ordinance authorizing a conditional use to convert a single

family dwelling to a two family dwelling at 10 Way Street. This notice was advertised in the Akron Beacon Journal on October 24th and on Akron City Council's website beginning October 22nd. >> Mr.

Hasbrouck. >> Thank you, Madam President. The petitioner is requesting permission to legally establish a two family residence use at this location. Since the property is zoned single uh for single

family, conditional use is necessary. The approximate 1,600 square feet structure was purchased by the petitioner in 2024 as a single family dwelling. At that time, the interior already had two

separate kitchens. Submitted plans show that the first unit is proposed to be approximately 500 square feet with a single bedroom, bathroom, kitchen, and living room all on the ground floor. The

second unit is proposed to be approximately 1,125 square feet with a living room, kitchen, bath, and three upstairs bedrooms. Since the purchase, the petitioner has completed updates to the interior

including new electrical wiring, flooring, carpets, counters, cabinets, and appliances. The bathrooms have also been updated with new plumbing and fixtures. The exterior of the structure has received

new siding and a new roof. On premises parking is provided east of the structure with ample space behind the building line. A housing division inspection on September 22nd indicates that the dwelling

meets environmental housing code standards for a two family home. One goal of the land use and development guide plan includes improving the quality of housing in all residential areas. The petitioner

has invested significant resources to rehabilitate this property thus removing the blighting influence it had within the neighborhood. The two family structure will not be out of character with the

surrounding area and there are several other multi-family dwellings to the east on Way Street and Julian Circle. Both the planning staff and planning commission have recommended approval of this

request. Thank you. >> Thank you. At this time, we're going to open up our public hearing. Seeing and hearing none that wish to speak in favor or against, we'll close our public hearing. Councilman

Kamer, what's the committee's pleasure? >> Uh thank you, Madam President. I'd like to poll my committee for a favorable report. Uh Connor? >> Aye. >> Bolden? >> Aye. >> Boyes? >> Aye. >> Hanna? >>

Aye. >> And myself, aye. Uh with that, I do know this afternoon the uh Ward 2 Council person spoke in favor. This is basically to move forward converting a single uh family into a uh two family. And

with that, we're asking for passage. >> Thank you so much. Are there any additional comments at this time? The committee's report is favorable. All in favor signify by saying aye. >> Aye. >> Any

opposed? The ayes have it. >> This ordinance passes 13 to 0. Notice is hereby given that the following open comment public hearing will be held by the Council of the City of Akron on Monday, November

9th, 2026 during a special meeting to be held at 5:00 p.m. Ordinance amending or supplementing Title 15 Land Usage, Chapter 153 Zoning Code, Article 10 Nonconformities, Section 153.396 Structures and

Uses Nonconforming by Use District, and Section 153.397 Structures and Uses Nonconforming because of development regulations by eliminating restrictions on legal nonconforming residential structures.

This notice was advertised in the Akron Beacon Journal on October 24th and on Akron City Council's website beginning October 22nd. >> Thank you. Mr. Julian? >> Thank you, Madam President, members of

Council. The City of Akron is proposing to amend the zoning code requirements regarding nonconforming residential uses. Currently, a legal nonconforming structure that is vacant for 2 years must be

brought into conformity with the use district where it is located before it can be reoccupied. Planning staff proposes to eliminate the 2 year period and allow legal nonconforming residential

structures located in districts that otherwise allow residential uses to retain their legal non-conforming status indefinitely. The broad downzoning that occurred across much of Akron in the second

half of the 20th century delegitimized earlier more compact neighborhood development patterns. Over the course of three decades, a city that had had a mix of housing types in most neighborhoods was

reshaped and the pursuit of exclusive single-family zoning districts was enshrined in the legacy zoning code. Today, 86% of land in the city that allows residential uses is zoned exclusively for

single-family homes. A small number of adjustments in the zoning code, redefinition of key terms, and changes to the zoning map transformed the legal status of a large number of residential buildings

across much of Akron. These buildings were redefined as legal non-conforming structures because they didn't meet the requirements that were imposed on their zoning districts after they were built.

Some existing buildings became non-conforming because of their use, such as a multi-family building in a U-1 district, and others because of new development standards. Under the current zoning,

property owners can continue to lose use, excuse me, legal non-conforming structures as they had prior to downzoning. These are commonly referred to as grandfathered properties. However, if a legal

non-conforming structure is left vacant for two years, its status changes. The building can only be used in ways that conform to the existing zoning. If a property owner wants to invest in one of

these vacant buildings to make it habitable, the owner must also make it fit the current zoning. This requirement can be challenging or even impossible to meet. It's not easy to turn a duplex into a

single-family home. And you can't add land to a parcel to meet lot size requirements. A property owner can request conditional use approval to allow the building to be brought back and used as

originally built, but this requirement adds time, money, and risk to the process. Additionally, the zoning code limits how much can be invested in a legal non-conforming structure. A property owner

can invest no more than 60% of the taxable value of the structure in any 10-year period and up to 30% of the value in any one year. The zoning code wants these buildings to fade away. Lenders are

often reluctant to provide financing to legal non-conforming uses as well due to the uncertain zoning status. So the pool of potential buyers for these buildings shrinks and will leave more of the

market to those investors who don't need financing to cash buyers. This dynamic causes us to lose viable buildings that can provide quality affordable homes while also making it difficult to rebuild

the fabric of our older neighborhoods. This proposed text change aims to make it easier to invest in residential buildings that have legal non-conforming status. This change would only apply to

residential buildings or mixed-use buildings such as a retail building with apartments up above that are located in a zoning district that currently allows residential uses. The text change would have

no effect on non-residential uses. The change eliminates the requirement that a residential building that sits vacant for 2 years only be used in ways that conform to the current legacy zoning

district. There are many success stories in Akron where non-conforming structures have sat vacant for more than 2 years and building owners have received conditional use approval, invested in

resolving building and housing code issues, and brought the buildings back into productive use. This proposed text change applies only to areas that are regulated by the legacy zoning code. The form-

based code districts already allow for a range of housing types and mixed-use buildings in those districts. Planning staff feels that the current treatment of non-conforming residential buildings

creates unnecessary impediments to investment in Akron's housing stock and accelerates the erosion of the city's neighborhoods. These changes will make it easier to invest in these structures and

extend their useful life. Planning staff and planning commission recommend approval. >> Thank you. At this time we're going to open up our public hearing. Seeing and hearing no one wishing to speak in

favor or against, we'll close our public hearing. Councilman Camer, what is the committee's pleasure? >> Thank you, Madam President. I like to poll my committee for a favorable report. Connor? >> Aye.

>> Bolden? >> Aye. >> Boyce? >> Aye. >> Hanna? >> Aye. >> And myself, aye. >> Any further comment, Councilman Camer? >> Uh Madam President, I don't think I could add anything more to what our planning

director said. I think he did a really good job explaining this and I'll leave it at that. >> Thank you so much. Are there any additional comments? Councilman Hanna? >> Thank you, Madam Chair. I just

wanted to ask the question, where are most of these non-conforming buildings? Where are they located at? >> Ward five. Kidding. There are quite a few in Ward five, though. [laughter] In older

neighborhoods, right? And so where we've got areas that were shifted, where we used to have two, three, four unit buildings scattered around neighborhoods, then and I know from experience working in

East Akron that there were quite a few in Ward five. And so in in those areas we at some point 60s, 70s and 1960s, 1970s, 1980s, we decided that those areas needed to be exclusively single family. And

so that shift happened and we're left with these buildings that don't fit the zoning when they they can be perfectly good buildings and they deserve to be invested in without without that barrier

there, that added step. So certainly East Akron, North Hill, West Akron, I know when I sat with Councilman Davis a few years a few years ago, early last year I think it was, and we looked at that map

and there's um in the the ward four section um uh in your ward, of course, um and really everybody's ward. Um so but um it it it's the older neighborhoods, right? The ones that have been hollowed out.

>> Thank you. Any other comments or questions? Councilwoman O'Mobien. >> So as long as they're occupied and there's no there are no issues, it's okay. But if they vacate them for two years, then they

have to come back >> That's the way it is now. >> Okay. >> Okay. And so if it's it's vacant for two years, then then you have to bring it back you have to make it fit with the the new zoning, the

current zoning, okay? Um and so um and we've had I believe it's three instances since I've been in this position where we've uh had people who have discovered that they're the building that they've

been investing in doesn't doesn't fit the zoning. Um and uh council has approved those conditional uses. Um but you know, that three months of uncertainty matters. And so we're just saying just if

it's a residential building in a district that allows residential, then just just let's bring it back to good health. >> Okay. Thanks. Any other questions or comments? The committee's report is

favorable. All in favor signify by saying aye. >> Aye. >> Any opposed? The ayes have it. >> This ordinance passes 13 to zero. >> There's nothing else coming before this body. Meeting adjourned. >>

Council will meet in regular session at 6:30. Thank you.