Minutes: May 14th, 2003

The regular meeting of the Catawba Island Township Board of Zoning Appeals was called to order by chairperson, Dale VanLerberghe at 7:30 p.m. on May 14, 2003 in the conference room. Present were Dale VanLerberghe, Jenine Porter, Tom Anslow, Brian Baugh, Doug Blackburn, Robert Schroeder and Pat Cerny and the attached sign in sheet. Tom Anslow, vice chairperson opened the meeting introducing the Board and explaining the criteria. He then turned the meeting over to Dale VanLerberghe, the chairperson and started with the Pledge of Allegiance.

Case #7519 – Ernestine Brecht, 5158 Dane Avenue, C-2 zoning – requests a variance to replace the present mobile home with a 14 x 66 mobile home and to add a 10 x 30 ft. room addition which will be used as living space to meet the criteria of the R-4 zoning, one story home. The variance request is also for a 17 feet rear yard set back instead of the required 35 feet in the R-4 district. The front of the home will be in line with the neighbors. Linda Huff, the daughter , represented Mrs. Brecht. In the past, they have wanted to update their mobile, and now there is new rules and regulations. The new mobile has had a down payment put down on it. The metal shed will be removed. Tom Anslow made a motion to approve as submitted. Doug Blackburn, second. Doug Blackburn, yes to approve, Tom Anslow, yes, Jenine Porter, no, Bryan Baugh, yes, Dale Van Lerberghe, yes.

Case #7522 – Robert Miller, 5296 Ellithorpe Drive, Marina Club 38. Zoned R-4 requests a variance for a side yard of 2 feet 5 inches instead of the required 10 feet to add on to his deck. There was a telephone call from Tom Corogon not objecting. Mr. Miller stated he is on land fill. The deck extension would allow for him to put a picnic table on the deck. The ground is shifting. Bryan Baugh asked Mr. Miller why there is no address and no flags. He stated he forgot. Bryan stated it is a requirement on the application. Dale stated he has a difficult time approving an application that is not properly marked. Bryan Baugh made a motion to table the request until the next meeting pending the marking and an address. Jenine, second. Bryan, yes to table, Jenine, yes to table, Tom, yes to table, Doug, yes to table, Dale, yes. Tabled until the June meeting.

Case #7527 – James Whitt, 5583 E. Eagle Drive – Brian Reis is the new owner of the lot. R-3. Requests a variance for a rear yard setback of 11ft. 4 inches instead of the required 25 feet to build a new home. Mr. Reis stated the lot became available and they wanted to purchase it, but will not purchase it until he knew if he could receive an approved variance. The side yards may be 6 feet. There was a concern about the fireplace being 1 and ½ ft beyond the home. The house will be shifted over a foot. The Board also asked about steps. Jenine made a motion to accept case #7527 as presented. Bryan Baugh second the motion. Jenine, yes to approve, Bryan, yes to approve, Doug, yes to approve, Dale, yes.

Case #7529 – Application for a conditional use in the R-6 district to be used as a Bed and Breakfast with 4 rooms. 6092 Poplar Street. Louise and Daniel Terry. Rich Gilliam and John Kocher were in attendance to represent the Terrys. Exhibits A,B,C,D,E were attached. All conditions have been met with the application. There is also enough parking spaces. Mr. Terry stated that he lives there. There are weekly rentals in the neighborhood. The apartment will not be rented out. It is a very presentable area.

Mrs. Terry stated she feels that her property is also very presentable. Dale Sanders, the neighbor stated that the four lots here were supposed to be zoned for single family use only. Four small homes were to be permitted. Mr. Sanders stated he did not want a hotel next to his home. He feels it takes away from the property. A variance was granted in 2000 for the B & B and for a deck which Mr. Sanders immediately took to court and won the case. The Zoning Resolution has been changed and he was not aware of this. Mr. Coppeler, representing Dale Sanders, stated he has the minutes of the meeting of March 30, 1995, BZA; a public hearing was held and the result was to allow only four. single family homes. No multiple family use. One single family dwelling would be allowed on each of the combined lots. Correspondence was received from Mr,. Kocher, Terry’s attorney, stating the the home would be used for a private residence. The Common Pleas court entered a decision on April 16, 2001, stating the variances that had been granted, were set aside. Mr. Coppeler stated he feels this is multiple family usage. He requests that the Board deny the request. Mr. Gillium stated that things change and the new zoning code would allow for this to be allowed. According to Catawba’s zoning, a Bed and Breakfast is a single family home with the owner residing on the premises. It is not multi-family. Mr. Terry stated he was allowed to have the apartment. Mr. Terry stated the apartment will be used by themselves. He is also not renting out the docks.

Mr. Terry stated he is trying to bring the place back to its original beauty. Dale VanLerberghe stated he would like to go into executive session. Bryan Baugh made a motion that the Board of Zoning Appeals enters into executive session, Jenine, seconded, all voted aye. Dale stated after returning from the executive session, they would like to discuss this further. Dale entertained a motion to table this request until the next meeting, Jenine, so moved; Anslow, second. Tom Anslow, yes to table, Jenine, yes to table, Bryan, yes to table, Doug, yes to table, Dale, Yes to table. Dale VanLerberghe set the next meeting for June 4, 2003 at 6:30 p.m. The decision will be made that evening. The other party will be notified of the change of the meeting date.

The minutes of the April 9, 2003 meeting were approved as received. Bryan Baugh made a motion to approve the minutes, second by Jenine. All voted aye.

Jenine made a motion to adjourn and Bryan second the motion, all voted aye.