CATAWBA ISLAND BOARD OF ZONING APPEALS
February 8, 2012
Robert & Charlotte Cafardi
Renee & Rick Potter
Gina and Clint Wasserman
Bill Van Der Giessen
The regular monthly meeting of the Catawba Island Board of Zoning Appeals was held on February 8, 2012 in the conference room of the Administration Building. The Pledge of Allegiance was recited. The meeting was called to order by Chairman Bryan Baugh at 7:30 p.m.
Other Board members in attendance included Tom Anslow, Sandy Erwin, and Jack Devore. Zoning Inspector, Walter Wehenkel, was also in attendance. Chairman Baugh welcomed those in attendance and read the meeting format. He asked if anyone had a question. No one did. He asked the Secretary, Sandy Erwin to read the first case.
Case # 543709 - Robert & Charlotte Cafardi
Sandy Erwin reported that this is an area variance request. It involves Lot #49 in Catawba Bay Subdivision and specifically at 5334 Blue Teal Drive. The lot is presently vacant and the owners wish to construct their home with a raised covered deck on the rear of the home. They are requesting a reduction in the rear yard setback. The hearing has been properly advertised and adjoining property owners have been notified. Chairman Baugh asked if any member had a conflict of interest. No Board member had a conflict.
Bryan Baugh asked for a representative for the case. Robert Cafardi introduced himself and his wife. Mr. Cafardi was sworn in by Mr. Baugh. Mr. Cafardi stated that the configuration of the lot causes issues due to its pie shape on the cul-de-sac. Catawba Bay has no issues with the proposed house and deck. A letter was provided to the zoning inspector. This is the Cafardi’s dream home. They bought it for the views and the wildlife. There are presently no homes on either side of the Cafardi’s lot. He showed the Board a picture of the proposed home and covered deck. He offered to answer any questions.
Bryan Baugh asked if the roof line for the deck would connect to the roof line of the house. Mr. Cafardi indicated that it would be one roof. Jack Devore indicated during his visit to the site he saw some yellow pins. He asked Mr. Cafardi what they represented. Mr. Cafardi indicated they were identifying the location of the two pillars for the deck. Tom Anslow asked if Mr. Cafardi intended to enclose the deck. Mr. Cafardi indicated he did not. Mr. Anslow asked what the anticipated height of the deck from the ground would be. Mr.Cafardi indicated it would be about eighteen (18) inches off the ground.
Bryan Baugh asked if there were any steps attached to the deck. Mr. Cafardi indicated the steps go to the west and hug the house. Tom Anslow asked if the proposed sidewalk would meet the steps. Mr. Cafardi indicated that was correct. There were no additional questions by the Board members.
Mr. Baugh asked if anyone in attendance was interested in cross examining Mr. Cafardi. Charles Murphy was recognized by Chairman Baugh and sworn in. Mr. Murphy indicated he is the adjoining lot owners to the west. His concern is how Mr. Cafardi’s variance request will impact his views. He wishes the views to remain open and not be blocked by the covered deck. Any obstruction concerns him and he would like to see the setback maintained. Mr. Cafardi indicated the views on the cul-de-sac go in different angles. The corners of the house will block some views, but it is similar to what would happen on other lots as well.
Bryan Baugh offered Mr. Murphy the opportunity to view the detailed plans before the Board. Mr. Murphy approached the table with Mr. Cafardi and examined the prints. There was some conversation between Mr. Murphy and Mr. Cafardi. Mr. Baugh asked if Mr. Murphy’s concerns were addressed by the plans. Mr. Murphy stated he has no major objections to Mr. Cafardi’s plans. Mr. Anslow asked Mr. Murphy if the pillars or posts are a concern. Mr. Murphy stated that as long as the deck remains open, he has no problems.
Bill Van Der Giessen was sworn in by Chairman Baugh. Mr. Van Der Giessen stated he is one of the developers of Catawba Bay. His concern is for the adjacent lot owners. He does not want to have these individuals adversely impacted by building plans. The subdivision’s building committee has approved Mr. Cafardi’s plans.
Chairman Baugh asked for additional comments or testimony. There was none. Chairman Baugh closed the public hearing portion of the meeting. The Board members discussed the request amongst themselves. Tom Anslow stated he does not see much of a problem if the deck remains open and Mr. Murphy has indicated he concurs with that. Jack Devore stated he did not see where the proposal would block any views. Sandy Erwin stated the pie shaped lot makes it tough to build on. Tom Anslow added this is undeveloped land. If it were in a developed subdivision, it might be more difficult. Bryan Baugh stated he felt the subdivision committee took that fact into consideration.
Jack Devore read the submitted Finding of Fact. The Board members agreed with the responses provided by Mr. Cafardi to questions 1, 2, 3, 4, 5, & 7. Tom Anslow stated he was not totally in agreement with the response to question #6. There might be other options like a deck flush to the ground. Bryan Baugh agreed.
Tom Anslow moved to approve the variance request in case # 543709 with the stipulation that the deck must remain open and never be enclosed. Jack Devore seconded the motion. The motion was passed unanimously.
Case # 543710
Chairman Baugh asked Sandy Erwin to read the next case. Sandy Erwin stated this is a conditional use request to allow a portion of a golf course in the “A” District. The location is lots 47, 48, & 49 of Rock Island Allotment. The use is a golf course tee and cart path. All notices have been sent and it has been properly advertised. Chairman Baugh asked if any member had a conflict on interest. No Board member had a conflict.
Chairman Baugh asked for a representative to speak about the request. Steve May introduced himself and was sworn in by Chairman Baugh. Mr. May stated he would provide a little bit of background on the request. Glenn & Marie Cunningham owned lots 33, 45, 46, 47, 48, & 49 of Rock Island Allotment. The lots were put up for sale. There was discussion between the Cunningham’s and Jim Stouffer and it took a while, but the lots were finally purchased. There are cottages along the road.
Once the lots were purchased the alternatives were looked at by the CIC. The final plan is to move the existing golf tee to the south, relocate the existing cul-de-sac to the south as well, build two new homes where the existing golf tee is presently located, and build two homes on the remaining vacant lots. Golf courses are a conditional use in the “A” zoning district.
Bryan Baugh asked if the location of the tee was marked with flags. Steve May indicated there were no flags placed for the conditional use request. Mr. Baugh asked if the tee was to the north of the existing ditch. Steve May indicated that it was to the north. Mr. Baugh stated it looked like there was a small tee already there. Mr. May indicated that was the senior citizen tee. Bryan Baugh asked if the proposed lot was where the tree was down. Mr. May indicated the area where the tree was located is partly in the proposed tee and partly in the cul-de-sac area. It was an ash tree that was killed by the ash borer.
Mr. Baugh asked if anyone had any questions for Mr. May. Renee Potter raised her hand and was sworn in by Chairman Baugh. Ms. Potter wondered if there was a site plan available. She lives in the immediate vicinity and wants to know if and how the proposal might impact her property. Steve May provided her a set of the handouts. They had a private conversation where Mr. May explained the various components of the request. Tom Anslow asked where Ms. Potter lived. Mr. May identified the Potter residence on the handout. Chairman Baugh asked Ms. Potter if her questions were answered by Mr. May. Renee Potter indicated the visual aides were quite helpful. She stated she had no further questions.
Chairman Baugh asked if there was any additional questioning or testimony to be offered by those in attendance. There was none. Mr. Baugh closed the public hearing portion of the meeting. He asked if the Board members had any concerns or questions. Jack Devore stated he had no real issues. Tom Anslow stated he had nothing as did Sandy Erwin. Chairman Baugh asked Jack Devore to read the Finding of Fact.
Jack Devore read the questions and the responses to all of the questions on the Finding of Fact for this conditional use. After each question and response, the Board members noted they were in agreement with the response. This occurred with all eleven questions and responses. Bryan Baugh asked if any Board member disagreed with any of the applicant’s responses. All Board members stated they were in agreement with the responses.
Sandy Erwin moved to approve the conditional use request for the golf tee as requested in the application. Tom Anslow seconded the motion. All members voted to approve the conditional use.
Chairman Baugh indicated the January 11th meeting minutes were submitted for review to the Board members. He asked for a motion to approve the minutes as sent. Jack Devore moved to approve the minutes. His motion was seconded by Sandy Erwin. The motion was passed.
A general discussion followed on the handouts that were sent to the Board members from the Danbury Township training session. There were some good ideas, but text amendments would be required to make the necessary adjustments. Mr. Wehenkel will be working with the Zoning Commission and Township Trustees in the coming months to accomplish some of these recommended changes.
Sandy Erwin noted that she would be gone on March 14th. Mr. Devore indicated he also would be gone and he believes Jack Zeigler will be gone as well. Because of the alternate position being vacant, the discussion was that the meeting date should be moved either to the 7th or the 21st. The Board members felt it should be earlier rather than later to assist tonight’s applicants in getting the zoning permits. The meeting was rescheduled for the 7th of March. Mr. Wehenkel will contact potential applicants concerning the new date and request Karen Shaw put a notice in the newspaper of the change.
Jack Devore moved to adjourn the meeting. Tom Anslow seconded the motion. The motion passed and the meeting was adjourned at 8:54 p.m.
Bryan Baugh, Chairman Sandy Erwin, Secretary