Minutes: March 8th, 2017


MARCH 8, 2017


Mark Snyder Rick Smetzer
Sue Snyder Chris Scott
Jeff Snyder Gayle Richter
Marge Malenich Judith Smithers
Kevin Harrison Debbie Radcliffe
Mary Delman Jim Radcliffe
John Memmer Dan Cosic
Charlie Johnson Elizabeth Cosic
Robert Wowk Robert Frank
Robert J. Miller Marcy Frank

Chairman Bryan Baugh called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandy Erwin, Jack Zeigler, Tim McKenna, and Diane Belden. Mr. Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.

New Business

Case # 008766 – Mark Snyder

Secretary Erwin read the facts of the case. The applicant is proposing the installation of a single-family dwelling and a private swimming pool at 5286 E. Ellithorpe Drive and also known as sub lot 12 of Marina Club 38 Subdivision. The lot is zoned “R-5” Residential and “C-4” Recreational Commercial District. The pool will be situated seventeen (17) feet from the rear property line and will include an auto cover. The applicant is requesting an area variance to reduce the required rear yard setback from thirty-five (35) feet to seventeen (17) feet and with the installation of an auto cover, to eliminate the requirement that the swimming pool or the entire property on which the pool is located shall have a wall, fence, or barrier to prevent uncontrolled access from the street or adjacent property. Correspondence from the zoning inspector was handed out to the Board members.

Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.

Mark Snyder and Charlie Johnson were sworn in by Chairperson Brian Baugh. Mr. Johnson explained that the rear lot line is in the water so he was unable to flag the rear lot corners. The pool location has been staked.

Mark Snyder handed out literature concerning automatic pool covers and regulations from other communities who allow automatic pool covers in lieu of a fence. Mr. Snyder also provided photographs of the adjoining property to show the pools location as it relates to the adjacent homes and decks. Mr. Snyder noted that he bought the lot with the expectation that a pool could go on the lot. Chairman Baugh questioned if the applicant had a drawing with the pool’s location. Neither Mr. Johnson nor Mr. Snyder had a drawing. It was noted that the only drawing completed was the one attached with the application.

Tim McKenna questioned whether the integrity of the dike would be affected by the pool installation. Mr. Johnson noted that the pool will be constructed on pilings to negate any stress on the dike.

Sandra Erwin was not happy with the flagging of the lot. She noted that the house should be flagged as well. Mr. McKenna agreed. Mr. Johnson indicated that he can restake and provide the Board with a survey. Mrs. Erwin would like to review the lot with the proper staking.

Jim Radcliffe was sworn in by Chairperson Baugh. Mr. Radcliffe read a prepared letter, which is attached to the minutes. Chairperson Baugh questioned Mr. Radcliffe’s location versus Mr. Snyder’s lot. Mr. Radcliffe commented that he is located across the street at 5294 Marina Avenue.

Robert Wok was sworn in by Chairperson Baugh. Mr. Wok indicated that he was Treasurer of Marina 38 Association and he informed the Board that the Marina 38 property owners can buy into the Come Sail Away pool. He also noted that although the decks extend out to the water, the foundation is forty (40) feet from the dike. The area under the deck is open.

Robert Miller was sworn in by Chairperson Baugh. Mr. Miller indicated that he owned the white at the end of Ellithorpe Drive and that his crawl space is thirty-five (35) feet from the dike, which extends around the subdivision. Mr. Miller explained that based on the measurements provided by the applicant, the pool would extend an additional five (5) feet from the end of his deck, which would put the pool on the dike.

Kevin Harrison was sworn in by Chairperson Baugh. Mr. Harrison is located at 5264 E. Marina Drive and he is an architect and he understands that side and rear yard variances may be needed from time to time. Mr. Harrison noted that a thirty-five (35) foot setback is needed to maintain the dike’s integrity. Going closer could put the properties at risk by affecting the dike’s stability. He also noted that flag locations do not match with the drawing. Mr. Johnson questioned the construction technique. Mr. Harrison noted that the homes are supported by pilings with grade beams attached to the pilings. The crawl spaces are stoned and the ground is moving.

Elizabeth Cosic was sworn in by Chairperson Baugh. Mrs. Cosic felt the pool was disturbing because of the dike’s integrity and she is concerned with the property sinking. She also was concerned that the pool will put everybody else’s property in jeopardy.

With no further comments or questions, Chairperson Baugh closed the hearing and requested comments from the Board members. Mrs. Erwin and Mr. Ziegler agreed that the lot needs to be properly flagged and Mr. McKenna requested information concerning the pool’s effect on the dike’s integrity.
Tim McKenna made a motion to table Case #008766 and requested that the property be flagged showing the location of the pool, house and deck; and that information concerning the dike’s integrity be obtained from the proper authorities and be submitted to the Board. The motion was seconded by Jack Ziegler. Motion passed.

Jim Miller commented that the house and pool has not been submitted to the Association for review.

Case # 008774 Christopher Scott & Deana Creswell

Chairperson Brian Baugh recused himself due to a possible conflict.

Vice-Chairperson Jack Ziegler requested the facts of the case. Secretary Erwin indicated that the
applicants are proposing to construct an accessory building at 5205 E. Dane Avenue and also known as sub lot 21 of Danevang Subdivision. The lot is zoned “C-2” General Commercial District. The applicants are requesting an area variance to reduce the required rear yard setback from five (5) feet to three (3) feet.

Christopher Scott was sworn in by Vice-Chairperson Ziegler. Mr. Scott indicated that he was downsizing and relocating permanently to Dane Avenue. Consequently, he needs a larger accessory structure to store his personal items. The existing shed will be removed from the lot. Mr. McKenna questioned the size. Mr. Scott indicated that the building will be twelve (12) feet by twenty (40) feet.

John Memmer was sworn in by Vice-Chairperson Ziegler. Mr. Memmer was an adjacent property owner and he expressed his concern with the ditch that runs along the rear of the lot. He commented that the community he represents have put a lot of time and money into the ditch maintenance. He does not want to see anything blocking the water flow. Mr. Scott addressed the drainage of the area and he noted that the building will be stick built on a cement pad.

Marge Malenich was sworn in by Vice-Chairperson Ziegler. Mrs. Malenich commented that she did not have a problem with the proposal. She questioned the how the roof would be drained. Mr. Scott noted that the building will have downspouts and drain into the ditch.

Todd Bickley, township zoning inspector, noted that drainage is a private matter involving the property owners. Mrs. Erwin did note that the Board does consider drainage issues when appropriate. Mr. Bickley also noted that the original request was for a reduction of the rear yard setback from twenty (20) feet to five (5) feet and the reduction of the side yard from six (6) feet to five (5) feet. The zoning resolution was recently amended, and as a result, the side and rear yard setbacks are now five (5) feet. Consequently, the variance request is now for the reduction of the rear yard from five (5) feet to three (3) feet.

The Board reviewed the Finding of Fact and determined the following:

Question 1 – yes Question 2 – no Question 3 – no Question 4 – no
Question 5 – no Question 6 – no Question 7 – yes
Tim McKenna made a motion to approve Case # 008774. The motion was seconded by Diane Belden. Motion passed.

Approval of Minutes – February 8, 2017

The meeting minutes from the February 8, 2017 meeting was mailed to each member. Mr. Baugh asked if there were any questions. Sandra Erwin moved to approve the February 8, 2017 meeting minutes. Jack Ziegler seconded the motion. The motion passed. Tim McKenna abstained from voting.

Other Business

Chairperson Baugh questioned the status of the two (2) court cases. Concerning the Dollar General Store, briefs are to be submitted to the Judge, who will then review and render a decision. No update was available for the Roll case.


Jack Ziegler moved to adjourn the meeting. Sandra Erwin seconded the motion. The meeting was adjourned at 8:05 p.m.

Respectfully submitted,

_______________________________ _____________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary