Catawba Island Township Board of Township Trustees
April 9, 2013
Chairman Gary Mortus called the Public Hearing to order on Tuesday, April 9, 2013 at 7:00 p.m. in the conference room of the administration building.
In attendance were Gary Mortus, Matt Montowski, Karen Shaw, Ron Frank, and
Gary Mortus briefly explained application 544649, a request by Dorothy Frank to rezone lots 42 and 43 of Gem Beach Subdivision, Plat 2 and also known as 5922 E. Poplar Avenue. The request is to rezone from “A” Residential Low Density to “C-4” Recreational Commercial District.
Gary Mortus said on March 19, 2013 the Ottawa Regional Planning Commission reviewed the request. He said the Commission considered the following in reaching its recommendation:
1. The lots proposed to be rezoned are lots 42 and 43 of Gem Beach Subdivision Two, located in Catawba Island Township, Section Three, Lot 13.
2. The applicant proposes the rezoning request so she may have a privacy fence and be in compliance with the Catawba Island Township Zoning Resolution.
3. The applicant wants the privacy fence to shield her view of a dumpster and air conditioning unit on adjacent property owned and maintained by the West Harbor Yacht Club.
4. Area zoning is “A” to the immediate east and west, “C-4” to the immediate north, and R-3 Residential, R-5 Residential, and R-6 Residential in the immediate vicinity.
5. The land use plan recommendation for the above-referenced property is high density, recreational-commercial.
6. Spot zoning is not an issue because the proposed rezoning request does not differ from the zoning in the vicinity.
Gary Mortus said the Ottawa Regional Planning Commission voted to recommend approval of the rezoning request based on the surrounding zoning and land use plan recommendation.
Gary Mortus said on March 20, 2013 the Catawba Island Township Zoning Commission heard the application and after reviewing the file they recommended disapproval of the rezoning request.
Gary Mortus asked for input from the applicants or anyone present.
Ron Frank and Rick Frank spoke on behalf of the property owner. They said there was opposition at the Zoning Commission Hearing from neighbors concerned the rezoning request might be because they want to start a fish cleaning business. The Franks explained they have no intention of having a business on the property. They said the property is set up in a trust and will be in the family for a very long time.
Gary Mortus said a variance would allow for the fence height without changing the zoning or causing the neighbors to question the property owner’s intentions. He said changing the zoning would allow future property owners to have a business.
Gary Mortus said the fence looks nice and it serves the purpose but he wishes the issue would have been resolved prior to putting the fence up. He said he is not in favor of changing the zoning.
Gary Mortus said the Board of Zoning Appeals has the authority to grant a variance request to allow the fence to remain at the current height but he can not speak as to how they would decide in the case.
Matt Montowski said he wishes they would have come in prior to putting up the fence.
Matt Montowski made a motion to close the public discussion. Gary Mortus seconded the motion. All voted aye. Motion carried.
The Trustees discussed the request briefly.
Matt Montowski made a motion to approve application 544649. Gary Mortus seconded the motion. Vote on motion: Matt Montowski, No; Gary Mortus, No. Motion disapproved.
Matt Montowski made a motion to waive the $250 application fee if the applicant chooses to apply for a variance with the Board of Zoning Appeals. Gary Mortus seconded the motion. All voted aye. Motion carried.
Gary Mortus made a motion to continue hearing of the text amendments at the next regularly scheduled Trustee meeting on April 23, at 7:30 p.m. Matt Montowski seconded the motion. All voted aye. Motion carried.
Matt Montowski made a motion to adjourn the Public Hearing. Gary Mortus seconded the motion. All voted aye. The meeting was adjourned at 7:25 p.m.
Gary Mortus, Chairman Karen Shaw, Fiscal Officer