Catawba Island Board of Zoning Appeals
Minutes: June 13, 2016
Wm. E Kramer
Chairman Bryan Baugh called the meeting to order at 4:00 p.m. He began the meeting by asking all to recite The Pledge of Allegiance. Chairman Baugh welcomed everyone, stating that the date is June 13, 2016, and introduced himself as the Chairman of the Catawba Island Township Board of Zoning Appeals. Chairman Baugh then introduced the Board members. To his far left was Sandy Erwin, Secretary, and to his immediate left was Jack Zeigler, Member. Doug Blackburn, Member, was to his right and to his far right was Tim McKenna, Alternate, who was sitting in for Jack DeVore. Chairman Baugh stated that today we are here to read the finding of fact and our decisions in the matter of 3147 NE Catawba Road, otherwise known as Dollar General, Appeal #008660. Mr. Baugh stated that will be no testimony at this meeting today.
Chairman Baugh read through the Findings of Fact and Decision for everyone. The Appellants, through Counsel, filed a challenge to zoning certificate #008651. Their notice of appeal alleges
that the zoning certificate should not have been issued because the application did not meet the provisions of the Catawba Island Township Zoning Resolutions. Ultimately 10 arguments were advanced by the appellants. These articles or points are attached hereto as Exhibit D1 and D2. The Zoning Inspector’s response to these ten (10) arguments is attached as Exhibit D3. The ten (10) points will form the template for our findings of fact.
The Findings of Fact
1) The Catawba Island Township Board of Zoning Appeals, hereafter, Board adopts the facts as set out in Exhibit D3 with regard to items 1,2,3,4 and 5.
2) The Board finds that the facts set out in Exhibits D1 and D3 with regard to argument number 6 are both essentially correct. There are existing buildings on the subject property. Two of the buildings are vacant dwellings no longer suitable for habitation. There is also a barn on the lot. The argument set out in point 6 centers on the requirement that there be no more than one main building. Main building or building main is defined as a building in which is conducted the principal use of the lot on which it is situated. Significantly it should be noted that multiple buildings are allowed; however, in this situation, only one retail establishment building is permissible under the Zoning Resolution.
3) The Board adopts the facts set out in Exhibit D3 with regard to arguments 7,8,9 and 10.
4) While the Board adopted the facts set out in Exhibit D3 at the first argument, we also find that the Zoning Resolution does not allow for parking spaces with a forty foot (40’) set back given that these spaces adjoin an “A” or “R” district. These parking spaces require a full fifty foot (50’) setback. In this respect the Board agrees with Appellants’ argument 1 in Exhibit D1.
5) The Board finds that Appellants remaining arguments lack sufficient merit to warrant a revocation of the Zoning Certificate.
Since five parking spaces in the Application for Zoning Certificate do not comply with the Zoning Resolution, Application Number #008651 should not have been granted. Said Zoning Certificate is revoked.
Chairman Baugh asked for a motion to adopt the Findings of Fact and the decision as presented, as well as a motion to adjourn. Doug Blackburn made a motion to adopt the Findings of Fact and the decision. Tim McKenna seconded. Four (4) voted in favor. Sandra Erwin moved to adjourn, seconded by Jack Zeigler. Meeting adjourned at 4:14 p.m.
A question was asked when it would be made public. Chairman Baugh stated it was public as of right now, that was the purpose of the hearing. A request for copies was asked, Prosecutor Mulligan stated that copies would be made at this time, they could not make the copies before the vote was taken. Copies can also be picked up at a later time.
Bryan Baugh, Chairman Sandra Erwin, Secretary