Minutes: May 10th, 2017


MAY 10, 2017


Dan Holan Dorothy Holan
Timothy Ward Jennifer Swartz
Randy Swartz Jon L. Horn
David Gasper

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, Doug Blackburn, and alternates Diane Belden and Flint Heidlebaugh. 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 # 008790 David Gasper

Secretary Erwin read the facts of the case. The applicant proposes to construct an accessory building (26’ x 28’) at 4670 E. Johnson Avenue and also known as lot 2 of Bibi’s Subdivision. The property is zoned “C-4” Recreational Commercial District. The applicant is requesting the reduction of the rear yard setback from fifteen (15) feet to five (5) feet from the edge of the street right-of-way.

The zoning inspector received no correspondence.

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

David Gasper was sworn in by Chairperson Bryan Baugh. Mr. Gasper commented that he wishes to construct a two car garage. Todd Bickley noted that Mr. Gasper’s original plan was to have the garage parallel with the house, however, Mr. Gasper determined that it would make sense to move the garage closer to the road and leave the side lot area open. The new location would put the garage approximately five (5) feet from edge of the right-of-way, but still twenty-three (23) feet from the road. Mr. Bickley noted that the road is not centered in the right-of-way.

Chairman Baugh questioned if the shed will remain. Mr. Gasper indicated that he will keep it until the garage is completed.

Chairman Baugh closed discussion from the floor.

The Board reviewed the finding of fact. The Board agreed with the applicant concerning #1, determined it was not substantial (#2), agreed with the applicant’s statement concerning #3, #4 and #5, disagreed with the applicant’s statement for #6, and agreed with #7.

Doug Blackburn made a motion to approve application #008790. The motion was seconded by Tim McKenna. By voice vote, motion passed unanimously.

Chairman Baugh reminded Mr. Gasper that a zoning certificate cannot be issued until the minutes are approved by the Board.

Case # 008797

The applicants propose the installation of an 8’ x 12’ shed on property located at 5831 E. Gordon Shore and also known as lot 10 of Gem Beach Subdivision – Plat 4. The property is zoned “A” Low Density Residential. The applicants are requesting a rear yard setback from five (5) feet to zero (0) feet, a side yard setback from five (5) feet to eighteen (18) inches and to increase the lot coverage requirement from 30% to 36.9%.

The zoning inspector received no correspondence.

When asked by Chairman Baugh, no member had a conflict of interest.

Timothy Ward was sworn in by Chairperson Baugh. Mr. Ward indicated that a home and outbuilding suffered a fire two (2) days before Thanksgiving. Mr. Ward requested permission to replace the shed that was damaged by the fire. The original sheds were on the property when he bought it fourteen (14) years ago.

Chairman Baugh questioned the loss. Mr. Ward commented that sheds were lost and the house suffered severe damage. Mr. Ward noted that the shed is needed for storage purposes and the previous shed was 10’ x 13’ and the proposed shed will be 10’ x 12’. Jack Ziegler questioned the height. Mr. Ward indicated twelve (12) feet.

Tim McKenna questioned how the shed would be situated. Mr. Ward reviewed a drawing showing where the shed would be situated on the lot. Chairman Baugh questioned if the shed would be stick built. Mr. Ward indicated that it would be stick built with vinyl siding similar to the house.

Sandy Erwin noted that the shed would have zero setback, would gutters be put on the shed. Mr. Ward commented that gutters certainly could be added for runoff and that he would be open to any ideas.

Dan Holan was sworn in by Chairman Baugh. Mr. Holan objected to Mr. Ward’s variance request. Mr. Holan suffered damages totaling $17,000 with no wind. Mr. Holan provided pictures of the fire. Chairman Baugh questioned his location and Mr. Holan indicated that he is to the north.

Mr. McKenna noted that the Gem Beach area is a close neighborhood in general.

Mr. Ward noted that the fire was gas feed and that is why it was so intense. He also noted that the gas meter is now on the west side of the building.

Mr. Ziegler questioned if electric will be provided to the shed. Mr. Ward indicated yes and electric was provided previously. An outlet will be provided for lights.

Chairman Baugh questioned if the shed would sit atop the deck. Mr. Ward indicated that it would.

Mr. Holan noted that if another fire, with two (2) additions to his house, if there was wind, his house would have been destroyed. He objects to the variance because of the size and the sheds location right on the line.

Doug Blackburn noted that fire retardant dry wall is available.

Discussion from the floor was closed by Chairperson Baugh. The Board noted the house damage to the west, which consisted of vinyl siding melting and some smoke damage.

The Board reviewed the finding of fact. Concerning Item #1, the Board agreed that could be a reasonable return and agreed with the applicant’s statement. The Board determined for Item #2 that the variance is substantial. Concerning #3, the Board, by a 3 – 2 vote, agreed that the character of the area would not be substantially altered. The Board agreed with #4 and #5, disagreed with #6 and agreed with #7.

Sandy Erwin made a motion to approve application #008797 with the following three conditions: gutters are added to the shed, fire retardant drywall be used, and the installation of fire retardant siding. The motion was seconded by Tim McKenna. By voice vote, the motion was approved unanimously.

Approval of Minutes – April 12, 2017

The meeting minutes from the April 12, 2017 meeting was mailed to each member. Mr. Baugh asked if there were any questions. Jack Ziegler moved to approve the April 12, 2017 meeting minutes. Tim McKenna seconded the motion. The motion passed.

Other Business

Jon Horn, representing a property owner on Grove Road, informed the Board that he has obtained permits from the Catawba Cliffs Association and the Ottawa County Building Inspections Office for an addition, however, when talking to Mr. Bickley, he was informed that a variance would be required. Mr. Horn is requesting that the Board consider meeting earlier than June 14 to hear the variance request. If not and if approved, construction could not start until July. The contractor is ready to begin tomorrow.

The Board briefly discussed the request and agreed to meet May 24, 2017 at 6:00 P.M.


Jack Ziegler moved to adjourn the meeting. Tim McKenna seconded the motion. The meeting was adjourned at 8:56 p.m.

Respectfully submitted,

___________________________ _____________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary