CATAWBA ISLAND BOARD OF ZONING APPEALS
June 13, 2012
Richard & Renee Potter
Clint & Gina Wasserman
David & Mary Caracci
The regular monthly meeting of the Catawba Island Board of Zoning Appeals was held on June 13, 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 Sandy Erwin, Jack DeVore, and Jack Zeigler. The 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 requested the Secretary, Sandy Erwin, read the first case.
Case # 543746 North Carlson Shores – Area Variance
Sandy Erwin read the details pertaining to the request for property at 2760 and 2770 N. Sanctuary Drive in Section 3 Lot 4 of Catawba Island Township and also known as lots 33, 45, 46, 47, 48, and 49 of Rock Island Allotment. Said request is to allow for an area variance from the existing requirements for lot coverage and for front, side, and rear setbacks in the “A” residential district for two units, 6 & 7. The lot coverage requirement is thirty percent or less and the proposed lot coverage is forty-five percent for unit 6 and forty-three percent for unit 7. The front yard setbacks will be reduced from thirty-five feet to eighteen feet for unit 6 and to twenty-five feet for unit 7. The side yard setback will be reduced from ten feet to five feet for unit 6. The rear yard setbacks will be reduced from forty feet to nine feet for unit 6 and to seven feet for unit 7. The applicant is proposing to build two single family homes. All publications and notifications have been made and there is no notarized correspondence.
Bryan Baugh asked if any members had a conflict. No member did. He asked who would be speaking on behalf of the application. Jim Stouffer stated he would as well as Steve May. Bryan Baugh swore in both Mr. Stouffer and Mr. May.
Mr. Stouffer started the presentation. He stated the Planned Unit Development (PUD) was started in 2003. Over the years, the PUD design has been altered to address the economic climate and market changes. In 2003 it was larger buildings and higher density. In 2012 that has changed.
This site is a very sensitive and unique site. The golf course has been well received by the community. The development process has been methodical. The golf course tee was relocated after approval by the township. The original PUD plan was modified with the approval of the Trustees. Six lots will now be used for four homes. Two lots will have two homes on them. Homes will be placed where the tee was located. The PUD has had two partners overseeing the building. They are Kopf and Bolander. The neighbors have always been important to the overall development and communications has been stressed with all those involved. It isn’t always as fast as it could or should be, but it does occur. Whether it is the Bluffs, the Fairway Villas, or Marina South, the concerns of the neighbors need to be heard and hopefully incorporated. He believes the proposal, the Sanctuary, will be another great addition. He turned the presentation over to Steve May.
Mr. May stated this is a hybrid development. It is a combination of lots created in the 1920’s with a PUD approved in 2003. Eleven of the homes are part of the PUD and two homes (units 6 & 7) are outside the PUD. To get to this point there was a conditional use, a minor deviation, and work done through the County Regional Planning Commission. Split approvals were approved by the County last week. There were meetings with the Township Zoning Inspector, Walter Wehenkel to strategize the easiest and best way to accomplish the necessary tasks. Everyone has been trying to make this work. Jim Stouffer stated there have been discussions concerning adding sanitary sewer and natural gas. The waterline is already in. Mr. May and Mr. Stouffer offered to answer any questions.
Bryan Baugh asked about the size of the proposed homes. Steve May stated Kopf will be the builder. He has home that will fit on the proposed lots. He builds custom homes and has a variety of styles. With the building pocket approved by the BZA, Kopf will make the home fit. Mr. Baugh wondered if the two lots could have been incorporated into the PUD. Mr. May stated that was discussed with Mr. Wehenkel. After looking at the required timeframes and alternatives, it was decided not to try to incorporate them into the PUD. Mr. Wehenkel agreed with Mr. May’s synopsis.
Jack Zeigler asked if lots 8 & 9 are still buildable. Mr. May stated that they are actually units in the PUD and with the relocation of the tee and cul-de-sac, these units can be built. The lot coverage issue request was made just in case. Bryan Baugh stated 6 & 7 are designated lots. Mr. May stated it is confusing with the Rock Island Allotment lots, but they are really units versus lots. Jack Zeigler stated the area outlined in purple are actually the new lot boundaries. Mr. May stated that was correct. They are combinations of portions of the old Rock Island lots.
Jack DeVore asked if there was any consideration to shrinking the size of the proposed homes to fit the lot versus requesting the variances. Steve May stated this was looked at and unit #6 was made smaller to add to the uniformity of the development and the space between the homes. There is a fifteen foot separation between these buildings now. Mr. May apologized for the physical condition of the site when the Board members were viewing it, but he attempted to have it properly marked.
Mr. Baugh asked if there were other questions from the Board members. There were none. Mr. Baugh asked if anyone in attendance had questions for Mr. Stouffer or Mr. May. Renee Potter raised her hand. Mr. Baugh swore in Ms. Potter. Ms. Potter stated she had conversation with Steve May concerning the structure that adjoins her lot. Mr. May was very cooperative in maintaining the fifteen foot setback. That will assist her in her request for a variance as well. Everyone is trying to work together.
Mr. Baugh asked for other comments from those in attendance. David Caracci was sworn in by Mr. Baugh. Mr. Caracci stated he has owned lots 28 & 29 since 1992. He complemented the Board of Zoning Appeals and Mr. Stouffer for the development that has been accomplished. It is presently a tough economy. However, there has been continued growth here. The Township needs to continue to make progress. He stated he supports this application and any others that may be needed to allow this development to continue.
There being no additional testimony, Mr. Baugh closed the public hearing and asked the Board members for their thoughts. Jack Zeigler indicated he had no additional comments. Sandy Erwin stated her only concern was with the lot coverage, but she is okay with it after seeing the proposal. Bryan Baugh added he too was concerned as the lots are not part of the PUD, but he too is okay with it now. Jack DeVore stated he was originally opposed to the request when he first received the paperwork, but after the site plan discussion, he feels okay with the request.
Bryan Baugh asked Mr. May if the large utility pole is on the lot line. Mr. May indicated the Edison company will be relocating the utility pole. They are in discussion with Edison concerning burying the electric lines, but the analysis is not yet complete. The site is tight, but it would be preferred.
Mr. Baugh asked Sandy Erwin to read the Finding of Fact. Ms. Erwin read each response to the seven questions. The Board agreed with the responses to all questions except #6. The Board felt that other options, such as smaller home sizes, do exist that would allow the site to be developed without the variance.
Jack DeVore moved to approve variance application 543746 as resented. Jack Zeigler seconded the motion. The motion was passed unanimously.
Case # 543747 Renee Potter – Area Variance
Sandy Erwin read the details pertaining to the request for property at 2780 N. Sanctuary Drive in Section 3 Lot 4 Catawba Island Township and also known as lot 32 of Rock Island Allotment. The request is to allow for an area variance from the existing requirements of front yard setback and side yard setback as well as lot coverage. The front yard setback of thirty-five feet will be reduced to twelve feet, the side yard setback of five feet will be reduced to zero feet and the lot coverage of thirty percent will be increased to thirty-seven feet. The applicant is proposing to build an attached garage to their existing home. All publications and notifications have been made and there is no notarized correspondence.
Bryan Baugh asked who was present to discuss this application. Renee Potter introduced herself and was sworn in by Chairman Baugh. Mrs. Potter stated they have the smallest lot in the Allotment. Parking has always been a problem. They wish to add an attached garage to their existing home. There is enough room for the garage, but it will be almost on the lot line. There is a fifteen foot setback from their lot line to the new unit that Mr. Stouffer plans to build as discussed earlier. The area was all wooded when they purchased their lot. They have tried to buy additional land from the previous owner (Cunningham) but they were never successful in acquiring any land.
Mr. Baugh stated it is a tight lot and the garage would be real close to the lot line. Mrs. Potter indicated the breezeway would be preferred as shown, but it is not required. Jack DeVore stated the layout on the east side of the lot is clear. Mrs. Potter stated there was spray paint on the ground. Flags were put in, but they were removed by the construction people. The garage would be located where the gravel driveway is presently located. The utility pole is on the boundary line.
Sandy Erwin asked how the roof lines would by tied together. Renee Potter indicated the roof lines would tie in under the second story window. Sandy Erwin asked how rain water would be handled. Renee Potter indicated it would be carried either to the front or back of the garage.
Steve May was sworn in by Chairman Baugh. Mr. May was asked if there is any concern about the proposed location of the garage by him or Mr. Stouffer. Steve May stated they left fifteen feet between their proposed building and the Potter’s lot line because of the drainage issue. The two parties will need to work together to resolve that issue, but he sees no problems. They support the Potter’s variance request.
Jack Zeigler asked Mrs. Potter about the overhang of the garage and the tying in of the roofs. He asked if the overhang was considered in the variance request. Mrs. Potter indicated the overhang will be at the edge of the lot. Jack DeVore questioned if the foundation would be about two feet from the lot line. Mrs. Potter stated that was correct.
Jim Stouffer was sworn in by Chairman Baugh. Mr. Stouffer stated the Potters have been good neighbors for ten years. The old house that they acquired was in terrible condition. They have put a lot of time and effort into the home and is has become a great addition to the neighborhood. The value enhancement that has occurred adds consistency to the neighborhood. It is a great spot. The development was named the “sanctuary” for a reason. He and his wife want a place to escape from the day to day issues. The CIC whole-heartedly support the request by Mrs. Potter.
Clint Wasserman was sworn in by Chairman Baugh. Mr. Wasserman stated the aesthetics and consistency being developed is a good thing. The house was previously nothing more than a shed, but now it is a beautiful home. The cul-de-sac layout being proposed is consistent with Mrs. Potter’s plans. There is uniformity. He stated he is sure that the garage that is built will be spectacular. Mr. Wasserman stated he has served on the City of Oregon’s Council and understands the needs to protect the views of the community. A zero lot line variance like Mrs. Potter’s request can raise “red flags” when it is requested, but with the fifteen foot setback provided by Mr. Stouffer and Mr. May, it will work fine.
Steve May stated there were flags on site and he apologized to the Board members as they were removed by the construction people.
Mr. Baugh closed the public hearing and requested comments from the Board Members. Jack DeVore stated he had concerns about the overhang and the drainage from the proposed garage, but he is satisfied with the answers he has heard concerning those issues. He would have more concerns if the adjoining property owners did not support the variance. Sandy Erwin stated she too was concerned with drainage, but it satisfied. Jack Zeigler stated there is a precedence issue being established with the zero lot line request. He wondered if it will create issues in the future for he Board. Bryan Baugh stated the proposed variance is conducive to the neighborhood. The lot is small and there really isn’t much space available.
Chairman Baugh asked Sandy Erwin to read the Finding of Fact. Sandy Erwin read the response of Mrs. Potter to each question. The Board members agreed with the responses to all of the questions except #2. They concluded that a zero lot line variance is indeed substantial.
Sandy Erwin moved to approve variance application 543747 as presented. Jack DeVore seconded the motion. The motion passed unanimously.
Approval of the May 9, 2012 Meeting Minutes
Bryan Baugh asked for a motion to approve the minutes of the May 9, 2012 meeting as mailed. Jack Zeigler stated the minutes need to be corrected. At the May 9th meeting he asked about the Callahan variance and the steps. He wondered if the steps were inside or outside of the requested variance. Mr. Wehenkel was supposed to check and respond to the Board members which he did and everything is legal. But the discussion was not included in the minutes and should be. Mr. Wehenkel stated he thought it was after the meeting was adjourned and it was an error on his part. Jack DeVore moved to approve the minutes with the noted correction. Sandy Erwin seconded the motion. The motion passed and the minutes were approved as amended.
Mr. Wehenkel advised the Board that a letter was sent to Boater’s Point concerning their temporary office. It was approved through July 1, 2012. There was discussion concerning the purchase of the property by the applicant. That sale has not occurred. The applicant visited Mr. Wehenkel and understood the Board’s approval had a time limit. Mr. Wehenkel stated he will continue to monitor the situation.
Jack DeVore moved to adjourn the meeting. Sandy Erwin seconded the motion. The meeting was adjourned at 8:23 p.m.
Bryan Baugh Sandra Erwin