MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
July 13, 2016
Charles & Sandra Rhoad
Chairman Bryan Baugh called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Board members were introduced by Chairman Bryan Baugh and included: Sandy Erwin, Jack Zeigler, Jack DeVore, and Tim McKenna, Alternate. Mr. Baugh requested Tim McKenna serve as a voting member in place of Doug Blackburn who is out of State. Mr. Baugh read through the procedure to be followed for the meeting. He asked if there were any questions regarding the procedure by those in attendance. There were none.
Case # 008690 – Tim & MaryAnn Thissen
Sandra Erwin presented the following information on this variance request. The applicant is requesting area variances for property at 5846 Poplar Street and also known as sub lot 15 of Gem Beach Subdivision #4 in Catawba Island Township. The property is zoned “A” Low Density Residential. The request would allow area variances to permit an addition to the existing cottage on the east side and a glassed-in porch on the north side of the existing structure. The area variances include a reduction in the front yard setback on Poplar Street from 14.84 feet to 7.17 feet, a secondary front yard setback on Utility Drive from 25 feet to 15.5 feet, a side yard setback from 6 feet to 5 feet, a lot coverage percentage increase from 30% to 35.8% and a separation requirement for an accessory building from 10 feet to 5 feet. There were five notarized letters from adjoining property owners supporting the request. All fees were paid, notifications made, and a public hearing notice was published.
Bryan Baugh asked if there were any conflict of interest for Board members. There was none. Mr. Baugh asked who was present to discuss the request. Lee Short introduced himself and was sworn in by Mr. Baugh.
Mr. Short stated the applicants extend their apologies for not being present this evening. They are in South Carolina at a family reunion. They would like to start the project after Labor Day. The lot is only 58 feet by 60 feet and the Thissens want to add onto the home, but it will remain a seasonal cottage. He approached the table with a drawing and identified each of the five variance items and how each would impact the neighborhood.
Bryan Baugh asked if the dimensions given include the overhang or if it is to the foundation. Mr. Short said all of the overhangs are less than eighteen inches, so they are exempt. The dimension is to the foundation. Mr. Short stated the front addition would use the existing slab that is there, but it would now be enclosed as a three season room. The roof would be rebuilt to include the porch. The entrance to the cottage was relocated at the request of an adjoining property owner. The proposed front yard setback is very similar to the Myer’s cottage across the street or a cottage on the same side of the street in the next block. The proposed setback on Utility is less than the setback on the adjoining lots. The lot coverage and accessory building variances are the result of the small lot size and the restrictive requirements of the “A” zoning district. Bryan Baugh confirmed the shed was remaining and Mr. Short stated that it was remaining.
Mr. Baugh asked for any additional testimony or comments from those in attendance. There was none. Mr. Baugh closed the public hearing and asked for Board member comments. Mr. DeVore stated he saw nothing outstanding with the request. Tim McKenna stated all of the questions he had were answered in the presentation. Mr. Zeigler noted that this proposed addition would stick out further than most of the homes, but the neighbors seem to be okay with the proposal. Sandy Erwin stated she saw no problems. Mr. Baugh stated his only concern is the five foot setback adjacent to a three foot setback leaves only eight feet between cottages and he believes that is a substantial request.
Mr. Baugh asked Sandra Erwin to read the Finding of Fact. The Board voted yes on questions 1, 2, 5, and 7. The Board voted no on questions 3 and 4. The was a split vote on question 6.
Mr. Baugh requested a motion on case # 008690. Tim McKenna moved to approve the variances as requested. Jack DeVore seconded the motion. The motion passed unanimously.
Case # 008691 – Timothy and Sarah Sustersic
Chairman Baugh requested Sandra Erwin read the case information. Mrs. Erwin stated the request is for area variances being requested by Timothy and Sarah Sustersic for property at 5793 Lakeview Drive and also known as the west fifty feet of sub lot 28 of White City Beach Subdivision in Catawba Island Township. The property is zoned “R-3” Residential. The request would allow area variances to permit an addition to the rear of the existing cottage. The area variances include a reduction in the rear yard setback from 25 feet to 10 feet and a lot coverage variance from 36% to 38.6%. Mrs. Erwin noted there was no notarized correspondence, the proper publication and notifications were made and the fee was paid.
Chairman Baugh asked if any Board member had a conflict of interest concerning this case. There were none. Mr. Baugh asked who was present to discuss the Request. Tim Sustersic introduced himself and was sworn in by Mr. Baugh.
Mr. Sustersic stated they are looking at a very small addition in the rear of the cottage that would square up the building. They want to retain the historic appearance of the cottage. The inside will be significantly altered, but the outside will not be. The addition will not impede or affect the integrity of the neighborhood.
Tim McKenna asked if the oil tank was being relocated. Mr. Sustersic stated it was being removed and disposed of. Mr. Baugh asked for other questions from Board members. There were none. Mr. Baugh asked for testimony from the floor. There was none. Mr. Baugh closed the public hearing and asked for Board members statements. Mr. McKenna stated the plans make good sense. Jack DeVore stated there were no issues. Bryan Baugh stated it was not substantial. Sandra Erwin agreed.
Mr. Baugh asked Sandra Erwin to read the Finding of Fact. The Board voted yes on questions 1, 5, and 7. The Board voted no on questions 2, 3, and 4 with a split vote on question #6.
Mr. Baugh requested a motion on case # 008691. Sandra Erwin moved to approve the variance request as presented. Her motion was seconded by Jack Zeigler. The motion passed unanimously.
Approval of Minutes – June 8, 2016
The meeting minutes from the June 8th meeting were mailed to each member without the exhibits. Mr. Baugh asked if there were any questions. There were none. Tim McKenna moved to approve the minutes. Jack Zeigler seconded the motion. The motion was passed.
Bryan Baugh read an opinion from Mark Mulligan concerning whether the appeal of the Dollar General was properly filed. The zoning inspector has claimed the appeal application did not specify the grounds for the appeal. The Board did not put a lot of merit in this argument. Mr. Mulligan stated he felt attorneys operate with a few sentences on the application and wait until the hearing or courtroom to expand on those sentences. He felt more information should be added to the zoning resolution.
Tim McKenna stated he felt the conclusion reached in this case was a good one, but he felt the process should be improved to help with future appeal cases. Mrs. Erwin asked how the changes would get made. Mr. Wehenkel stated if the book were changed, it would require a formal amendments process. He was unsure how the application form could be changed, but would look into it and report back to the Board members. Jack Zeigler stated he believed more detail was needed with specific requirements stated. There are only two lines on the appeal application and more room is needed. Mr. McKenna stated it could suggest additional pages be attached, but he agreed with Mr. Mulligan that the present form was deficient.
Bryan Baugh asked if Mr. Wehenkel could talk with the Zoning Commission about a change to the text. Mr. Wehenkel stated the Zoning Commission was meeting on July 27, 2016. He would need input by then. Bryan Baugh wondered if the opinion letter should be included with the case minutes. The Board members felt it should not be included as it was not available during those meeting. It should simply be attached to the minutes of the July 13th meeting for reference purposes.
Bryan Baugh asked if the Board had any comments on the May 16, 2016, June 6, 2016, and June 13, 2016 meeting minutes. There were none. He confirmed that all attachments were included with the meeting minutes. Mr. Wehenkel stated that they were. Tim McKenna moved for the approval of the minutes from the three meetings. Jack Zeigler seconded the motion. The motion passed. Jack DeVore abstained from the vote.
Mr. DeVore stated he thought the Board of Zoning Appeals did a great job handling the appeal on the Dollar General Store.
Jack Zeigler moved to adjourn the meeting. Jack DeVore seconded the motion. The meeting was adjourned at 7:50 p.m.
Bryan Baugh, Chairman Sandra Erwin, Secretary