MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
May 14, 2014
Richard & Sherri Sitz
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, Doug Blackburn, Jack DeVore, 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 Shelly Stively to join the Board in the absence of Tom Anslow. Chairman Baugh requested Secretary Sandra Erwin to read the information summary for the first case.
Case #544799 – Richard & Sherri Sitz
Sandra Erwin stated the case is for an area variance that is being requested by Richard and Sherri Sitz for property at 5823 Lakeview Drive and also known as Sublot 43 of White City Beach Subdivision in Catawba Island Township. The property is zoned “R-3”. The request is to allow area variances permitting the placement of an addition to an existing cottage that is two feet, five inches from the rear lot line instead of the required twenty five feet, three feet from the side lot line instead of the required six feet and a lot coverage variance from 36% to 36.9%. All fees have been paid, notifications have been made, and there is no notarized correspondence.
Chairman Baugh asked if any members had a conflict of interest with the case. There were none. Mr. Baugh asked who was present to discuss the request. Sherri Sitz introduced herself. Bryan Baugh swore in Sherri Sitz.
Sherri Sitz stated the rear yard is where the fence is located and they are requesting to have the additional 2 ½ feet from the fence. They want to build about three feet from the side lot line keeping in line with the present residence. The lot coverage is only 33 square feet over the allowed square footage so it is not significant. Sherri Sitz stated she did not know what else to say and offered to answer questions.
Jack DeVore asked if bigger scale drawing were available. Sherri Sitz stated she had a full size set of plans with her. She laid them on the table and the Board members reviewed them. Mrs. Sitz identified the location of the various variances they are requesting. Mr. DeVore asked if it was surveyed. Mrs. Sitz stated it was not officially surveyed. Her nephew is a surveyor and he came to the site and located the corner pins. Mr. DeVore asked who owns the pump in the rear of the lot. Mrs. Sitz stated it is not on their property and she is not sure who owns it.
Bryan Baugh stated the cottage to the northwest has a porch that appears to extend beyond the fence line. Mr. Baugh is concerned that the corner of that property may be in conflict. Mr. DeVore stated the owner of that property owns the adjoining lot so therefore it will not be a problem. Mr. Baugh asked if the shed in the northeast corner was being removed. Mrs. Sitz stated it would be removed.
Doug Blackburn stated that the drawing of the house was a little confusing. He asked if they plan on tearing down the existing structure. Mrs. Sitz stated they are adding onto the first floor, putting on a second floor and a new roof. Sandy Erwin asked what the small addition to the first floor would be used for. Sherri Sitz stated it would include a furnace and storage area. The second floor would include a bedroom and bathroom. Shelly Stively asked if there would be an entrance on the side. Sherri Sitz stated there would be doors on three sides. They need more room as they now have adult children. Doug Blackburn asked if it is a flush wall on the back and west with no protrusions sticking out of the building. Sherri Sitz stated all balconies/porches as shown on the drawing are under the roof overhang. Nothing sticks out beyond the overhang. Mr. Blackburn asked if the front yard setback includes the overhang. Mrs. Sitz stated that it did and that the protrusion is under the overhang.
Sandra Erwin asked about the drainage issue. This building is close to the lot lines and she is concerned about funneling the water away from the adjoining properties. Mrs. Sitz stated they want to drain it to the front. They will be placing gravel along the fence line.
Mr. Baugh asked if anyone in attendance had any comments. There were no comments. Mr. Baugh closed the hearing to the public and asked for comments from the Board.
Jack DeVore stated that nothing stands out as unusual for a White City Beach lot. They are small and this is a typical situation. Mr. Baugh agreed stating he does not see the request as substantial and the increase in lot coverage is minimal. Jack Zeigler challenged the lot coverage calculation. He calculated the lot coverage as being 39.6%. Jim Stouffer requested to be sworn in by Mr. Baugh and was. Mr. Stouffer asked about the lot coverage number Mr. Zeigler had calculated. Mr. Zeigler wondered if the figures were transposed from 36.9% instead of 39.6%. Mr. Wehenkel stated he used the calculations on the zoning certificate in calculating the lot coverage. Mrs. Sitz stated the error might be hers and she agreed to change the application to 39.6% if that was the correct number. Bryan Baugh requested Sandra Erwin amend the application to read 39.6% for lot coverage.
Doug Blackburn stated the increase and the variance request is not substantial. It is really close in the rear between houses and fire-fighting could be difficult. The aerial map shows how close it is. He wondered if an eight foot addition was needed or if it could be smaller.
Mr. Baugh asked Sandra Erwin to read the Finding of Fact. The Board agreed with responses to questions1, 2, 3, 5, & 6. The Board disagreed with the response to question #6. There was agreement and disagreement with the response to question #4.
Doug Blackburn moved to approve case # 668013 as submitted with the amendment to the lot coverage at 39.6%. Shelly Stively seconded the motion. The motion passed unanimously.
Case # 668018 – Dorothy White
Chairman Baugh requested Secretary Sandra Erwin to read the information summary for the second case. Sandra Erwin stated the case is for an area variance that is being requested by Dorothy White for property at 2239 N. West Catawba Road in Section 3, Lot 3 of Catawba Island Township. The property is zoned “A”. The request is to allow area variance permitting the placement of an accessory building that is 30 feet by 40 feet on the property. The maximum number of square feet of accessory building (950) will be exceeded and the proposed height of the accessory building is 24 feet instead of the permitted 20 feet. All fees have been paid, notifications sent, and there is no notarized correspondence.
Mr. Baugh asked who was present to discuss this request. Ken Adams introduced himself. Chairman Baugh swore in Mr. Adams. Mr. Adams stated he has a boat that he would like to store inside along with some other items. There was a building on the site that was pretty old and he had it torn down. Knowing what he knows today, he probably would have tried to rebuild that building.
Mr. DeVore stated he sees no real issues. Bryan Baugh wondered about the proposed height. Mr. DeVore stated it was not that tall. Sandra Erwin stated it is far enough away from the helicopter pad to cause any problems. She wondered about the color. Mr. Adams stated it would be red with a black roof. Bryan Baugh asked about the siding. Mr. Adams stated it would be red metal siding with a black shingle roof.
Jim Stouffer stated he is an adjoining lot owner to the north and he has no issues with the proposed request. Matt Montowski stated the Township Trustees are also an adjoining property owner. The Trustees support the request for the variance and appreciate what has been done to clean up the property. Mr. Montowski stated he lives to the west of the site in the Woodlands Subdivision and has no objections.
Mr. Baugh asked if anyone else in attendance had any comments. There were no comments. Mr. Baugh closed the hearing to the public and asked for comments from the Board.
Mr. Baugh asked Sandra Erwin to read the Finding of Fact. The Board agreed with responses to questions1, 2, 3, 4, 5, & 7. There was agreement and disagreement with the response to question #6.
Jack DeVore moved to approve case # 668018 as presented. Doug Blackburn seconded the motion. The motion passed unanimously.
Jack DeVore questioned the case that was tabled at last month’s meeting. Mr. Wehenkel stated Sharon Tuttle had talked to him this past Tuesday. She thought she could show up Wednesday night and have her case heard. I advised her, after talking to Chairman Baugh, that the Board members want the proposal in advance to review. She plans on coming in June.
Mr. Wehenkel stated one point of contention is the steel wall adjacent to the channel. Mrs. Tuttle believes her lot coverage calculations can include the steel wall area. The consensus of the Board was that lot coverage is based upon the land that is owned by the applicant. If the wall is not owned by Mrs. Tuttle, she cannot include it in lot coverage calculations.
Approval of the April Meeting Minutes
Jack DeVore moved to approve the April 9, 2014 minutes as presented. Doug Blackburn seconded the motion. The motion was passed with Sandra Erwin abstaining.
Walter Wehenkel presented information on Lot 6 of the Faiway Subdivision. The subdivision was platted before zoning went into effect. The lots are plotted on an angle to an open area of land (fairway) providing a view of the Lake to each lot owner. An individual is interested in purchasing lot #6. If he is required to meet the zoning setback requirement, his view of the Lake would be blocked by his neighbor’s home. Mr. Wehenkel does not believe a variance should be required based upon the intent of the subdivision and the previous construction that has occurred.
The Board reviewed the information presented by Mr. Wehenkel and concurred with his opinion.
Mr. Wehenkel stated Mr. Kasten on Farrow Ave is relocating his illegal accessory building to the other side of his lot. Mr. Wehenkel reviewed the proposed location with the homeowner’s association members and agreed the proposal complies with the required setback requirements. The pad has been poured and the structure should be moved soon.
Jack DeVore moved to adjourn the meeting. His motion was seconded by Sandra Erwin. The meeting was adjourned at 7:55 p.m.
Bryan Baugh, Chairman Sandra Erwin, Secretary