MINUTES OF THE NOVEMBER 9, 2016 BZA MEETING
The meeting was called to order at 7:00 p.m. by Chairman Baugh. The Pledge of Allegiance was recited. Mr. Baugh welcomed those in attendance and introduced the Board members and the zoning inspector. He stated Tim McKenna would be filling in for Doug Blackburn and Jack Zeigler would assume the position of Secretary in the absence of Sandra Erwin. Mr. Baugh read the procedure that would be used by the Board for the meeting. There were no questions on the procedure.
Case #008737 - George and Sharon Phebus
Mr. Zeigler read the following information concerning this request for an area variance being requested by George and Sharon Phebus for property at 2717 E. Sand Road and also known as sub lot 19 of Crescent Beach Subdivision in Catawba Island Township. The property is zoned “R-3” Residential. The variance request would allow an addition onto the existing dwelling on its north side. The addition has already been constructed. The area variance would allow the deck/porch addition to be within 1½ feet from the side lot line on the east side of the lot. The required setback is 5 feet. A rear yard setback of 25 feet is required. From the deck to the steel wall is 21 feet. The owner may own beyond the steel wall. Otherwise a rear setback variance would also be required. All fees have been paid and all notifications made.
Bryan Baugh asked if there were any conflicts with the case. There were none. Mr. Baugh stated there is a notarized letter from the adjoining property owner, Doug Armstrong, along with a letter from his attorney, Mike Sandwisch, requesting the hearing be continued as they are out of state and cannot be in attendance. The letter disputes the property line location. Mr. DeVore moved to continue the hearing until the December meeting as there are too many discrepancies cited in the letter that need to be understood. Tim McKenna seconded the motion. Mr. Wehenkel noted that there are surveys for the variance lot and the lots on either side. Mr. Phebus’ surveyor is meeting with the other surveyors to try to understand and hopefully resolve the lot line differences. That process should be completed prior to the next meeting. A vote on the motion was taken and the motion was passed. The hearing was continued until December 14, 2016 at 7:00 p.m.
Case # 008738 – Dan and Anne Connelly
Chairman Baugh asked Mr. Zeigler to read the information on this case. Mr. Zeigler stated the request is for an area variance being requested by Dan and Anne Connelly for property at 4815 Johnson Avenue and also known as sub lot 50 of Harbor Park Marina Subdivision in Catawba Island Township. The property is zoned “R-4” Residential. The request would allow a new home to replace an existing single wide mobile home. The area variance would allow the new home to be within 2½ feet from the rear lot line or Johnson Avenue instead of the required 35 feet. No other variances are required. All fees have been paid and all notifications made.
Mr. Baugh asked if there were any conflicts with this case by the Board members. There were none. Mr. Baugh asked who was present to discuss the case. Mr. Connelly introduced himself and was sworn in by Mr. Baugh.
Mr. Connelly stated the new home would replace an older single wide mobile home. The new home would fit into the neighborhood nicely and meet the needs of his family. The rear yard variance is necessary to accomplish this and have a garage. The garage is desired to store the family’s “marine toys” as well as park cars inside. Mr. Connelly stated the new home would be a secondary home initially with the hope of it being their permanent home in the future. It would line up with the other homes on that side of the street and blend in.
Mr. Baugh asked if the lot had been surveyed. Mr. Connelly stated it had not been surveyed, but that he had worked with his neighbors on determining the lot lines. He has sufficient side yard area if the home would need to be shifted. Mr. McKenna confirmed that the only issue was the setback along the road. Mr. Connelly stated that was correct. Mr. McKenna stated the old home was being removed. Mr. Connelly stated that was correct.
Mr. Wehenkel advised the Board members that they had granted variances to other homes on this street similar to the request by the Connelly’s. The Subdivision’s compliance committee does not review homes on Johnson Avenue, so that is why there is no signed compliance form in the packets. Mr. Baugh stated he remembered the other variance requests and that he saw nothing out of the ordinary with this request. It matches what is there and would improve the neighborhood.
Jack Devore stated he saw nothing outstanding when he was on site. Mr. Zeigler agreed stating that the proposal would fit into the neighborhood.
Bryan Baugh asked for other testimony. There was none. Mr. Baugh closed the hearing to the floor. He requested the Finding of Fact be read. The Board members unanimously voted no on items # 2, 3, and 4. They unanimously voted yes on items #5, 6, and 7. There was a mixed vote on item #1. Mr. Baugh asked about the grinder pump in the driveway area. Mr. Connelly stated he would get some heavy steel plate material to sit on it as access must be maintained to the pump.
Chairman Baugh requested a motion on case #008738. Tim McKenna moved that case #008738 be approved as presented. Jack Zeigler seconded the motion. The motion was passed.
Mr. Wehenkel suggested to Mr. Connelly that he contact the Ottawa County Sanitary Engineer’s office concerning the grinder pump situation. They may have a remedy to the situation. He further advised Mr. Connelly that a zoning permit could be issued after December 14th.
Case #008739 – Don McVey and Renee Griffin
Mr. Baugh requested Mr. Zeigler present the information on this case. Mr. Zeigler stated the request is for an area variance being requested by Don McVey and Renee Griffin for property at 1651 Starboard Avenue and also known as sub lot 137 of Harbor Park Marina Subdivision 6a in Catawba Island Township. The property is zoned “R-4” Residential. The request would allow a new home to replace a manufactured home that has been removed from the lot. The area variance would allow the new home to be within 7 feet from the rear lot line or Starboard Avenue. A setback of 25 feet is required. In addition, a lot coverage variance from the permitted 39% to 39.27% is being requested. All fees have been paid and notifications made.
Chairman Baugh asked if there were any conflicts with this case by the Board members. There were none. Mr. Baugh asked who was present to discuss the case. Mr. Wehenkel stated he received an email this afternoon from Mr. McVey indicating he could not be in attendance. Mr. Wehenkel discussed the finding that he and the compliance committee of the subdivision reached on Tuesday during a site inspection. The way the lot is flagged, the proposal will not work based upon the size of the home Mr. McVey is proposing. Meeting the channel setback puts the home much closer to the road than the requested 7 feet in the variance request.
Mr. McVey requested a continuance to the December meeting. Mr. Wehenkel and the compliance committee will meet on site and try to resolve the situation and advise Mr. McVey of their findings.
Tim McKenna moved to continue case #008739 to the December 14, 2016 meeting. Jack DeVore seconded the motion. The motion passed.
Approval of Minutes from the October 12, 2016 Meeting
Mr. Baugh requested a motion to approve the minutes of the October 12, 2016 meeting as mailed. Jack Zeigler so moved. His motion was seconded by Tim McKenna and passed.
Mr. Wehenkel presented a copy of the appeal that was filed against the Zoning Inspector’s decision to issue a zoning permit for the proposed Dollar General store. Based upon the date of filing being November 8, 2016, the Board must hold a hearing on the appeal on or before December 8, 2016.
Bryan Baugh stated Sandy Erwin will be out of the country returning on December 7th. Tim McKenna stated he also would be out of the country until December 7th. Mr. Baugh asked if the hearing could be extended beyond the thirty day timeframe. Mr. Wehenkel stated if the attorneys agreed to it, then yes. Someone would need to talk to Mr. Mulligan about his availability as well. Mr. Montowski agreed to make contact with Mr. Mulligan. A general discussion followed concerning possible dates.
It was concluded that an effort will be made to get an extension to have the hearing on December 13, 2016. Otherwise, it will be on December 8, 2016 at 7:00 p.m.
Jack Zeigler moved to adjourn the meeting. His motion was seconded by Jack Devore and passed. The meeting adjourned at 7:43 p.m.
Bryan Baugh, Chairman Sandra Erwin, Secretary