Minutes: April 27th, 2011

Minutes of the Catawba Island Township Zoning Commission Meeting

April 27, 2011

Members Present

Paul Patterson
Paul Shaw
Jordan Davenport
Keith Fisher
Larry Cline

Others Present

Matt Montowski
Richard Greene
Walter Wehenkel

The meeting was called to order at 7:30 p.m. by Chairman Patterson. The Pledge of Allegiance was recited followed by a brief moment of silence for our troops.

Case # 543640 Richard Greene & Anita Selvey

Mr. Patterson summarized the rezoning request. The applicants are Richard Greene and Anita Selvey. They are requesting a change of zoning of about .92 acres of land located at 5087 E. Porter Street. The lots are also known as Lot 13-16 of Block 3 of the Ottawa City Subdivision. The proposed use according to the application is a storage building for lawn tractors and lawn care equipment.

Mr. Patterson read a letter from the April 20, 2011 Regional Planning Commission meeting at which time the rezoning request was reviewed. The Commission recommended approval of the rezoning request based upon the surrounding zoning. Mr. Patterson asked if any correspondence had been received. Mr. Wehenkel stated he had received no written correspondence. An adjoining property owner, Jane Smith had called and talked to him about the rezoning. She had no objection to the request.

Mr. Patterson offered Mr. Greene an opportunity to present any information. Mr. Greene indicated he believed his request was well summarized by Mr. Patterson and that he would answer any questions. The Commission members had no questions for Mr. Greene.

Mr. Greene asked about the specific locations where he could place the accessory building. Mr. Wehenkel stated the building would be required to meet setback requirements as stated in the zoning resolution, but other than those, there was no limitation concerning the building location. It could go anywhere on the lot if it meets the stated setbacks. He suggested Mr. Greene meet with him in the zoning office to go over possible locations for the accessory building.

Jordan Davenport asked if there was a limitation on the number of accessory buildings. Mr. Wehenkel stated the zoning resolution sets a limitation on the square footage allowed, not the number of buildings. The lot coverage calculation would apply however, so there would possibly be a limitation from that perspective.

Jordan Davenport questioned the square footage for accessory buildings in the “C-3” District. Mr. Wehenkel stated it is a regulation where the smaller of two figures is used. It is 30% of the actual land area or 2,000 square feet, whichever is smaller. For example, a lot with an acre of land would be permitted 13,068 square feet of building under the 30% criteria. In that example, the 2,000 square feet requirement is smaller and would apply. If the lot contained 5,000 square feet, then the 30% number would be 1,500 square feet. In that example, the 1,500 square feet would be smaller than the stated 2,000 square feet and it would apply.

Mr. Patterson asked for any other comments or questions. There being none, Mr. Patterson closed the public hearing. Jordan Davenport moved to recommend the property in case # 543640 be rezoned to the “C-3” Commercial District. Larry Cline seconded the motion. All members of the Commission voted in the affirmative.

Mr. Wehenkel explained the case will now go to the Township Trustees for a public hearing. Mr. Montowski indicated the next meeting of the Trustees would be May 10th. Mr. Wehenkel stated he could get the legal notice in the paper for that date. Mr. Greene should be in attendance at that meeting. Once the Trustees taken final action, there will be a thirty day waiting period before the change would go into effect. No zoning permits may be issued until after the thirty days.

Paul Shaw moved to approve the minutes of the December 22, 2010 meeting. Keith Fisher seconded the motion. The motion passed unanimously. Jordan Davenport noted the minutes reflected he was present, but also state that he was not in attendance. Mr. Wehenkel referred Mr. Davenport to the fourth paragraph that identified that he arrived after the meeting had started.

Mr. Patterson referred to the policy handout that was mailed to each member. There have been specific issues that have arisen since Mr. Wehenkel was appointed as zoning inspector. Mr. Wehenkel has sought input from the Trustees on these issues. The Trustees have requested that these issues be formally addressed within the zoning resolution.

The handout addresses the specific locations within the zoning resolution where these issues can be addressed. The four areas are remodeling, tree houses, accessory structures, and portable vendor equipment. A general discussion followed concerning the specific circumstances where each of these items arose. Mr. Wehenkel discussed the situations and the resolution of them.
The Commission reviewed the proposed amendments. Mr. Wehenkel noted the last text amendments were in August of 2009 and he found no notes indicating other issues that should be addressed. He asked if the Commission members knew of any and they did not.

Paul Patterson questioned how these changes can be processed. Mr. Wehenkel stated Ohio law allows text amendments such as these to be initiated by the Trustees by formal resolution or by the zoning commission by motion & second. The Trustees would prefer to have the Commission initiate the changes. Once initiated, the changes would follow the same procedure as any map amendment. There would be a hearing before the Zoning Commission with a recommendation and then a hearing by the Trustees. After thirty days, they would go into effect.

There being no further discussion, Jordan Davenport moved to initiate the proposed text amendments as reviewed. Paul Shaw seconded the motion. The motion passed unanimously. Mr. Patterson requested Mr. Wehenkel get the appropriate legal notice published for the May 25, 2011 Zoning Commission hearing.

Keith Fisher asked about homes that might be damaged being rebuilt on sites. Mr. Wehenkel stated the zoning resolution allows for reconstruction of non-conforming buildings under certain circumstances. The largest criteria are the amount of damage that occurred and whether that damage was voluntary or an “Act of God.” He reviewed several situations and identified the possible alternatives. The other alternative is that an area variance could have been issued. Mr. Wehenkel suggested that if there is a specific address that there are questions about, he can look up that address and determine what decisions were reached and why. A general discussion followed on various examples.

There being no further business to transact, Keith Fisher moved to adjourn. Larry Cline seconded the motion which passed unanimously. The meeting adjourned at 8:12 p.m.

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Paul Patterson Chairman Date