MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
March 19, 2014
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, Doug Blackburn, and Sandra Erwin. Alternates for the Board, Jack Zeigler and Shelly Stively, were also in attendance, along with the zoning inspector, Walter Wehenkel and Township Trustee Matt Montowski. Mr. Baugh read the meeting procedure. There were no questions on the procedure. Mr. Baugh asked Sandra Erwin to read the information summary for the first case.
Case #544799 – Jeremiah Sellers
Sandra Erwin stated the case is for an area variance that is being requested by Jeremiah Sellers for property at 4107 Crogan Street and also known as Lot 18 of Maplewood Subdivision in Catawba Island Township. The property is zoned “R-3”. The request would allow an area variance permitting the location of an accessory building that is three feet from the existing home instead of the required five feet. All fees have been paid, it has been properly advertised, there is no correspondence and notices have been sent to adjoining property owners.
Mr. Baugh asked if any member had a conflict of interest with the case. Doug Blackburn stated he had a conflict and was excused. In the absence of Jack DeVore and with Mr. Blackburn’s conflict, Jack Zeigler and Shelly Stively were both asked to participate as voting members by Chairman Baugh. Mr. Baugh asked who was representing the applicant. Ms. Vicki Starr introduced herself. She was sworn in by Mr. Baugh.
Ms. Starr stated she and her brother met with Mr. Wehenkel after their application was disapproved at the February, 2014 Appeals meeting. They tried various locations on the lot for the building, but the present proposal was the only one that kept the building at least five feet from the adjoining properties. It is a little closer to the trailer than permitted, but meets all other township requirements. A firewall inside the building will be required, but nothing on the outside will be required as discussed at the February meeting. Ms Starr stated one Board member came out to the site and thought the building had been moved. It has not. Bryan Baugh asked when the structure could be moved. Ms. Starr stated it would require more decent weather so that the equipment needed to move it would not tear up the yard.
Mr. Wehenkel provided a brief summary of his meeting with the applicant. The biggest problem in relocating the structure is that it is just too big for the size of the lot. A smaller building would not have created the issues that the present building does. This is the only alternative if the building is kept five feet from the lot lines.
Jack Zeigler asked if the building was on a slab or portable. Ms. Starr stated it was portable and was sitting on stone. It could be moved as proposed. Mr. Anslow stated the flags were not apparent to him. Ms. Starr stated she forgot to put them out. The snow had created problems previously and with the recent warmer weather she probably could have put them out, but she forgot. Mr. Anslow asked if she knew where the property pins were located. She stated that she did.
Mr. Baugh asked about the firewall requirements. Mr. Wehenkel stated he supplied drawings from the County Building Inspection office. A firewall is only required in proximity to the mobile home. It only has to be on the inside walls. No firewall is required from adjoining property as there will be a five foot setback. Mr. Baugh asked Ms. Starr if there was any drywall on the inside wall at this time. She said it was only studs. Mr. Baugh asked if she would be putting it in. Ms. Starr indicated it would be put in after the structure is moved so that it does not get damaged. Mr. Wehenkel stated the Building Inspection office will oversee the drywall installation and inspect it.
There being no further discussion, Mr. Baugh closed the public hearing. He asked Sandra Erwin to read the Finding of Fact responses. The Board members all agreed with the responses to questions 3, 4, 5, and 7. The majority disagreed with the responses to questions 1, 2,& 6.
Mr. Baugh stated the action of the Board should stipulate no residential occupancy of the accessory building may occur. Mr. Anslow added he believes a timeframe for completion of the movement of the building should be added as well. Mr. Wehenkel stated the applicant would require a zoning permit and he would monitor the movement of the building.
Sandra Erwin moved to approve case # 544799 as submitted with the condition that the accessory building be moved within 90 days of the approval date and that the structure shall be used for storage purposes only with no human occupancy allowed. Jack Zeigler seconded the motion. The motion passed with Tom Anslow voting no.
Mr. Wehenkel told Ms. Starr that she cannot do anything until after April 9, 2014 and he must be notified prior to the move occurring so that he may be present at the time it is moved.
Approval of Minutes
Bryan Baugh stated the Board members were all sent a copy of the meeting minutes from the February 12, 2014 meeting. He asked if there were any comments or corrections. There were none. Tom Anslow moved for approval of the meeting minutes. Sandra Erwin seconded the motion. The motion was passed.
Sandra Erwin moved to adjourn the meeting. Her motion was seconded by Jack Zeigler. The meeting was adjourned at 7:30 p.m.
Bryan Baugh, Chairman Sandra Erwin, Secretary