MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MARCH 13, 2013
John & Deborah Meister
John and Patti Wilson
The Pledge of Allegiance was recited. Chairman Bryan Baugh called the meeting to order at 7:00 p.m. Board members in attendance were Bryan Baugh, Tom Anslow, Jack Zeigler, Doug Blackburn and Jack DeVore. Absent were Board members Sandra Erwin and Shelly Stively. Mr. Baugh appointed Walter Wehenkel to serve as Secretary for the meeting who is also the zoning inspector. Mr. Baugh read through the procedure to be
followed for the meeting. There were no questions concerning the procedure by those in attendance.
Mr. Baugh asked the acting secretary, Walter Wehenkel, to read the first case.
Case # 544639
Mr. Wehenkel stated the applicants are John and Deborah Meister for property at 3080 N. A Street and also known as Lot 40 of Gem Beach Subdivision in Catawba Island Township. The property is zoned "A" Low Density Residential. The request is to allow
area variances permitting an addition to be added to the rear of an existing single-family home. The variances requested will allow for a reduction of the required side yard setback from ten feet to five feet, a reduction of the required rear yard setback from forty feet to five feet on a sixty by sixty foot lot, and a lot coverage variance from 30% to 39.2%. All required notifications and publication have occurred and there is no notarized correspondence for the Board to consider.
Mr. Baugh asked if any Board member had a conflict of interest. There were none. Mr. Baugh asked who was in attendance to speak on the request. John Meister introduced himself and was sworn in by Chairman Baugh.
Mr. Meister stated he and his wife became permanent residents of the township in 2009. They originally bought the cottage in 2002 and used it seasonally. When it became their permanent residence, they made upgrades to the cottage such as adding a furnace and insulation. His mother-in-law lives in Florida and is now in need of more permanent care. They are proposing a mother-in-law suite in the addition that would include a
bedroom, bathroom, and laundry room. It is important to be able to care for his mother-in-law at the home.
Jack DeVore asked if the existing shed would be removed. Mr. Meister indicated that is the long term plan. The project will be built in phases with the bedroom, bathroom, and laundry room built on a foundation and completed first. The shed will not be built on a foundation and it will be more of a pad and lean-to. Jack Zeigler stated his understanding was the shed would be proposed on the side of the addition. Mr. Meister stated that was correct.
Bryan Baugh asked if the shed is included in the variance application including lot coverage. Mr. Meister stated the shed was included in the calculation of lot coverage.
He did not include the shed that he would be removing. Tom Anslow asked when the existing shed would be removed. Mr. Meister stated he would like to remove the old shed once the new shed is built. He stated it was secondary in importance to the
bedroom, bathroom, and laundry room. He would like to use it until the new one is built.
Bryan Baugh asked Mr. Meister if he considered going to a second floor. Mr. Meister stated his mother-in-law is 83 years of age so that would not be practical. In addition, he and his wife are getting up in age as well. Jack Zeigler asked if Mr. Meister had
considered going parallel to the existing house to make better use of the yard areas. Mr. Meister stated the proposed L-shaped home seemed to make a more viable and useful yard than going parallel.
Deborah Meister was sworn in by Bryan Baugh. Mrs. Meister stated she wanted to retain some back yard where her grandkids could play. The L-shape gave them that option better than other designs. That is why they choose to go for the variances.
Doug Blackburn noted the plans show a sliding door off of the proposed bedroom. He asked what the users would step onto when they exited the sliding door. Mrs. Meister stated they would step down to the grass. John Meister stated he thought there was an eighteen inch limitation. Mr. Anslow stated anything over six inches is considered a structure needing a permit. Mr. Meister stated they might pour a patio in the future, but that they would keep it at six inches or less in height.
Mr. Baugh asked if anyone else in attendance had questions for the Meisters or if anyone had a presentation to make concerning this case. There was no one wishing to speak.
Mr. Baugh closed the public hearing.
Mr. Baugh requested Doug Blackburn read the Finding of Fact submitted with the application. The Board considered each response and voted to agree with all of the responses that were provided. There was some discussion concerning question # 1, but
the balance of the responses were unanimously accepted.
It was moved by Tom Anslow that case # 544639 be approved as requested with the stipulation that the existing shed be removed within eighteen months of the issuance date of the zoning permit. Jack Devore seconded the motion. The motion passed
unanimous I y.
Case # 544642
Mr. Baugh asked Mr. Wehenkel to read the information on this variance request. Mr. Wehenkel stated the request for the area variance is being requested by James Krosky and Lori Head for property at 5218 E. Lawrence Drive and also known as Lot 16 of
Maplewood Subdivision in Catawba Island Township. The property is zoned "R-3". The request would allow an area variance permitting the replacement of an existing single wide mobile home with a newer modular housing unit. The variances being requested will allow for a reduction ofthe required front yard setback from thirty-five feet to twenty-eight feet and a reduction of the required rear yard setback from twenty-five feet to nine feet. The west side setback will remain the same for the new home as it is for the existing home. All publications and notifications were done according to law. There
was no notarized written correspondence. Mr. Baugh asked if any member had a conflict of interest. There were none.
Bryan Baugh asked who was in attendance to speak on this request. James Krosky was sworn in by Mr. Baugh. Mr. Krosky stated the property has been in his family for thirty years. His parents were the original owners and when they passed, the property was given to his sister and himself. They both have children who really enjoy the trailer. Together they are making an investment to upgrade the trailer to accommodate both
families. The existing single wide trailer is twelve feet by sixty one feet. The new modular unit is much bigger. Many in the subdivision have upgraded their single wide units to bigger units.
Jack DeVore asked if the steps on the west side of the existing unit would stay or be removed. Mr. Krosky stated there is a doorway in the new unit on the west side so the steps will remain and connect to a sidewalk. Jack DeVore asked if the steps would be attached or be removal. Mr. Krosky stated they would be removable.
Bryan Baugh asked if the new unit would be one story or two. Mr. Krosky stated it would be one story. Bryan Baugh asked if it was a modular unit. Mr. Krosky stated that it was a modular unit. It comes in two sections and contains five bedrooms. Jack Zeigler
asked if the unit has been selected. Mr. Krosky stated it has been selected with a deposit given subject to the variance being granted. The unit is out ofIndiana. Jack Zeigler asked about the dimensions. Mr. Krosky stated it is thirty by seventy-six feet.
Tom Anslow stated he could see what the owner was trying to accomplish and felt it was a modest request. Bryan Baugh asked if the unit would be on a foundation. Mr. Krosky stated it would be on a slab. Doug Blackburn stated he concurred with an earlier
comment concerning the steps on the west side having to be removable. Mr. Krosky stated that was okay.
Doug Blackburn was asked to read the Finding of Fact. The Board members agreed with the responses to all of the questions except # 1 and #6. The Board did not feel this was the only alternative solution available to the applicants.
Doug Blackburn moved to approve case # 544642 as presented including the removable steps on the west side. Jack Zeigler seconded the motion. The motion was passed unanimously.
Case # 544644
Mr. Baugh asked Mr. Wehenkel to highlight the circumstances surrounding this request.
Mr. Wehenkel stated the request is for area variances being requested by John and Patricia Wilson for property at 5972 E. Poplar Ave. and also known as Lot 47 of Gem Beach Subdivision #2 in Catawba Island Township. The property is presently zoned "A". The request is to allow an area variance permitting a second floor addition to an existing home with a gambrel roof style to maximize living space on the second floor.
The variances requested will allow for a reduction of the required rear yard setback from the present twelve feet to nine feet for the three foot roof overhang as well as an increase
in lot coverage from 42.7% to 44.1 % for the roof overhang. A second floor deck over the existing first floor deck, granted by a variance in 1988, is being requested as well. All publications and notifications have occurred and there is no notarized correspondence.
Mr. Baugh asked if any member had a conflict of interest. There were none.
Mr. Baugh asked for a representative for this area variance. John Wilson introduced himself. He was sworn in by Mr. Baugh. Mr. Wilson stated they have been coming to Gem Beach for over twenty years. They purchased this cottage last year. It is a small cottage on a postage stamp sized lot. They would like to make it a more year round residence by adding a second floor to the structure. They would like to match the existing roof line in the rear of the cottage that exists in the front of the cottage. There will be a smaller deck built over the lower deck so that they might have a partial view of the Lake from the second floor. The improvements will enhance the value of the cottage.
Doug Blackburn stated the variance that was granted for the first floor deck clearly stated there would be nothing over the top of the first floor deck. Technically this proposal is in
conflict with that condition. Mr. Blackburn asked if the Wilsons had any intentions of screening in or enclosing the lower patio/deck. Mr. Wilson stated there are no such plans or interest in enclosing either the first or second floor deck.
Jack Zeigler asked if the second story will be a full second story. Mr. Wilson started it would not be a full second story as there is a cathedral ceiling in the Living room that will
be retained. Tom Anslow asked if the roofline would be gambrel or cantilever. Mr. Wilson stated it would be more cantilever than gambrel. He stated the roof line will not be any closer to the lot lines than presently, except in the rear yard. Doug Blackburn thought that the second floor might be a little bigger than the first floor. Mr. Wilson stated it would be slightly larger with the new roof design.
Tom Anslow asked if the shed in the southwest comer of the lot would be retained. Mr. Wilson stated he plans on leaving it there. Mr. Anslow stated that fire-fighting issue might exist, especially with the overhand from the second story. It looks to be tight. Mr. Wilson stated there would only be an 8 inch soffit on the roof of the second floor.
Mr. Baugh asked if anyone in attendance wished to ask the applicant any questions or provide testimony on the request. There was no one wishing to do so. The hearing was closed.
Jack DeVore stated the overhang is not shown on the drawing. Overhang should be included in lot coverage. Mr. Wehenkel stated the application does call for a lot coverage variance. A general discussion followed on the permitted overhang requirements. The
overhang on the first floor required the lot coverage variance, not the roof overhang on the second floor. Jack Devore stated the deck on the second floor would be included.
Mr. Wehenkel stated it would not be included because of the previous variance for the first floor deck. That deck was used for the lot coverage calculation.
Mr. Anslow stated he is concerned about the shed and would like to see it go away, though that is not the intention of the owner. Doug Blackburn asked if the shed was included in the lot coverage calculation. Mr. Wehenkel stated he believed it was
included. Mr. Blackburn stated that with or without the shed, the lot coverage is over the required thirty percent. Mr. Wilson stated he did not want to stop the progress of the project over the issue ofthe shed. Jack DeVore stated sheds are a necessity for storing lawn mowers, etc. Jack Zeigler stated he did not see a conflict with the shed remaining.
Doug Blackburn stated if problems arise during the construction phase, the owner will need to address the shed issue.
Mr. Baugh asked Mr. Blackburn to read the Finding of Fact. The Board agreed with all of the responses to the questions on the Finding of Fact provided by the applicant.
Doug Blackburn moved to approved case # 544644 as presented. Jack Devore seconded the motion. The motion passed unanimously.
Case # 544648
Mr. Baugh requested Walter Wehenkel read the file for this case. The case is an area variance request from Charles and Emily Murphy for property at 5335 Blue Teal Drive and also known as Lot 48 of Catawba Bay Subdivision. The property is zoned "R-E".
The request would allow for a reduction in the rear yard setback from the required 35 feet to 27 feet on the north side of the property to allow for a portion of a proposed deck with stairs to encroach into the setback area. All required publications-and notifications have been made. There is no notarized correspondence. Mr. Baugh asked if any member had a conflict of interest. There were none.
Mr. Baugh asked who would be speaking on behalf of this request. Michael Prosser and Charles Murphy identified themselves. They were both sworn in. Mr. Prosser indicated he was there as a representative of Mr. Murphy as well as the Catawba Bay development.
The request is relatively minimal. Mr. Murphy would like to have a deck on the rear of his lot facing the water. In order to do so with the house design he desires, Mr. Murphy will need a variance for a small triangular portion of the deck and the stairs going down from it. The Catawba Bay Homeowners Association has no problem with the design. A similar variance was granted for Lot #49. The lot butts up against the channel and do not extend out into the channel.
Mr. Murphy stated the proposed deck is similar to others in the area. His neighbor, Mr. Cafardi had a similar request that was approved by the Board. He tried various layouts of his house in all different directions, but there was really no way to avoid the variance request. It is parallel with the right side only. The deck is square to the house and is not being extended.
Bryan Baugh asked if the steps from the deck go only to the ground or if they go to the water. Mr. Murphy stated they only go to the ground to provide a means to get off of the deck. Jack DeVore asked if there were steps on the east side and the north side. Mr. Murphy stated the steps are only on the north side of the deck. Michael Prosser stated it is actually the northwest side. Mr. Prosser added the finished grade of the deck has not yet been established and that could impact the number of steps required to get to the ground.
Tom Anslow asked if the deck surface was level with the interior of the home. Mr. Murphy stated that it was at the same elevation. Tom Anslow confirmed that the homeowners association supports the design. Mr. Prosser stated he is representing the Association tonight as well and they have approved the design.
Bob Cafardi raised his hand wanting to make a statement. Mr. Cafardi was sworn in by Bryan Baugh. Mr. Cafardi stated that Mr. Prosser had already answered one of his concerns. That concern dealt with the height of the deck. Mr. Cafardi's other concern
deals with whether the deck would be covered or screened. As an adjoining property owner, it would impact his view. Mr. Murphy stated there would be no roof or enclosure.
A rail will be required by the Building Department. Mr. Cafardi had no other concerns or comments.
With no one else wishing to testify, Bryan Baugh closed the public discussion. Jack Devore stated the request was nothing outstanding. Jack Zeigler added that the house adjacent to it had a greater variance that the one Mr. Murphy is requesting. Bryan Baugh stated it was not a true hardship as the deck could be made smaller, but he understands the reasoning behind the request.
Bryan Baugh requested Doug Blackburn read the Finding of Fact. The Board agreed with all seven responses provided by the applicant and complimented him on his honesty.
Jack DeVore moved to approve case # 544648 as presented. Jack Zeigler seconded the motion. The motion passed unanimously.
Approval of February Minutes
Bryan Baugh asked for a motion to approve the February minutes as mailed. Jack DeVore stated there was one error in the minutes. It references Bryan Baugh on the first page and Bryan Baugh was not in attendance. It should have said Jack DeVore. With that correction, Mr. DeVore moved for approval of the minutes. Tom Anslow seconded the motion. The motion passed with Bryan Baugh, Doug Blackburn, and Jack Zeigler abstaining from the vote.
Jack Zeigler moved to adjourn the meeting. Doug Blackburn seconded the motion. The meeting was adjourned at 8:10 p.m.