Minutes: May 9th, 2018

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

MAY 9, 2018

Attendees

William Bishop Jack DeVore
Bud Ohlemacher Irene Ohlemacher
Vicky Snyder Jordan Market
Mark Worley Wendy Worley
Corie Rajando Anita Selvey
Joan Kersulis Donald Kersulis
Mike Owens Bill Carmody
Bruno Zottola Jerry Schuet
Jacob Market Mike Ferguson
Jeff Jadwisiak Gary Ferguson
Rick Smetzer Scott Market
Becky Faith Angelette Schmitt
John Schmitt Constance Tobias
Kathleen Montgomery

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 Ziegler, Doug Blackburn and Tim McKenna. Chairman Baugh introduced Alternates Flint Heidlebaugh and Diane Belden and Todd Bickley, Zoning Inspector. Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.

Old Business

Case #068119 JBS Market, LTD.

Secretary Erwin read the facts of the case. The applicant is proposing an expansion of an existing parking area by 200 feet at 5358 Porter Street and also known as Parcel ID #013029732203000. The expansion area is located in the “A” Residential Low Density District. The application is for a parking area use variance.

Chairman Baugh questioned if any Board member has a conflict. Sandra Erwin indicated that she had a conflict and she left the room. Alternate Flint Heidlebaugh replaced Sandra Erwin.

Jake Market was sworn in by Chairman Baugh. Jake Market submitted a letter to the Board and commented that Miller Boat Line will install a 6’ chain link fence with green slats in the link rows to make the fence opaque. This will provide a visual barrier and allow for air flow. Lighting will consist of one light centered and near the north parcel line and the light will be shield to prevent glare affecting the neighboring homes. The parking area extension will be kept closed to regular traffic and use only as an overflow on an as-needed basis. The neighbors will enjoy an open, clean and kept area most of the year. Jake Market noted that the dust inhibitor used is EPA certified and is a safe product. The expanded parking area will consist of planted grass, which will be kept mowed. Concerning drainage, Jake Market indicated that gently sloping drainage paths to road side ditches will be created. Jake Market also indicated that better signage will be installed directing people to and from the parking lots. On high traffic weekends, boat line personnel will patrol the parking lots until one hour after the last scheduled ferry.

Bruno Zottola was sworn in by Chairman Baugh. Mr. Zottola expressed concern with privacy and that he had bought the house for his daughter and grandchildren.

Jeff Jadwisiak was sworn in by Chairman Baugh. Mr. Jadwisiak indicated that he was not a proponent of the fence and that the fence would look terrible and that the property values would not improve.

Gary Ferguson was sworn in by Chairman Baugh. Mr. Ferguson noted that the parking area would be only used for overflow parking with a chain barricade. Mr. Ferguson questioned how many lights and he expressed safety concerns.

Bill Carmody was sworn in by Chairman Baugh. Mr. Carmody expressed concern with safety and questioned how many people will be patrolling, when will they patrol, will they patrol at the dock. Jake Market indicated that Miller Boat Line will have an employee whose sole purpose will be patrolling the parking lots.

Bud Ohlemacher was sworn in by Chairman Baugh. Mr. Ohlemacher commented that a chain preventing access to the parking area will just be taken down and he questioned whether the remainder of the lot’s use for storage is allowed. Jake Market stated that Miller Boat Line is within their right to keep soil and farm related materials on the southern end of the parcel. Mr. Zottola noted that the storage consists of gravel/tires/stone, all of which are not pleasing for the neighborhood.

Jack Ziegler questioned the fence. Jake Market indicated that the fence will be on the three sides and the expanded parking area will be open when needed.

Mr. Jadwisiak questioned if Miller Boat Line had considered off-site parking as was mentioned by Mr. Jadwisiak at last month’s meeting. Jake Market indicated that was not an option at this time.

Mr. Ferguson questioned the parking at the Beach Cliff Lodge property. Jake Martin indicated that the newly acquired area can park up to 350 vehicles, which would replace the parking that was lost when the parking areas were shut down by Catawba Island. Mr. Ferguson suggested that expanding the parking area be postponed for a year to determine if the need exists.

The Board went into deliberations.

Tim McKenna made a motion to remove the Case #068119 from the table. The motion was seconded by Jack Ziegler. Motion passed.

Flint Heidlebaugh made a motion to approve Case #068119 with the following stipulations:

• Lighting is turned on when the lot is open with a low density light that is shielded to prevent light from glaring into the neighbor’s homes.
• The installation of a chain link fence, six feet (6’) in height, adjacent to the residentially zoned properties. In addition, if requested by the property owner, the placement of Arborvitae along the owner’s property line. The property owner is required to submit the request in writing to the Zoning Inspector within thirty (30) days of the meeting minute’s approval. The meeting minutes are scheduled to be approved June 13, 2018.
• The parking area will only be used when the front lot is full.
• For safety purposes, when open, the lot is to be patrolled 4:00 P.M. until one (1) hour after the last scheduled ferry run is completed.
• As referenced in Item 5 of the letter to the Board dated May 9, 2018; the parking area will be planted with grass and the area will be mowed and kept.
• As referenced in Item 6 of the letter to the Board dated May 9, 2018; address the drainage concerns of the neighborhood by creating gently sloping drainage paths to the road-side drainage ditches surrounding the lot.

The motion was seconded by Jack Ziegler. Motion passed.

Scott Market commented that one light will be placed in the parking area and it will be closed to the ground so the neighbors will not experience glare. Scott Market also commented Miller Boat Line is willing to work with the neighbors concerning the fencing and keeping the south end of the property pleasing to the neighbors. Chairman Baugh thanked everyone for their comments and suggested that Miller Boat Line work to keep the area cleaned.

Secretary Sandra Erwin returned to the meeting.

New Business

Case #068121 – William & Cassandra Bishop

Secretary Sandra Erwin read the facts of the case. The applicants own property at 5575 E. Mabel Drive, also known as Lots 15 & 16 of Eastview Subdivision. The property is located in the “A” Residential Low Density District and the applicants are proposing a new single family dwelling and they are requesting a variance to reduce the front yard setback from fifty feet (50’) to forty-five feet (45’), the rear yard setback from forty feet (40’) to five feet (5’), the side yard setback along the water from twenty-five feet (25’) to fifteen feet (15’), and exceed the lot coverage requirement of 30% to 30.59%.

William Bishop was sworn in by Chairman Baugh. Mr. Bishop indicated that he has obtained an Army Corp of Engineers permit and that the new house would stay at the north end of the lots. Mr. Bishop noted that the accessory building will be removed. Chairman Baugh questioned if the house will be stick built. Mr. Bishop indicated that the new house will be stick built. Chairman Baugh questioned if Mr. Bishop will be living in the new house. Mr. Bishop is now living down the street but will be living in the new house when completed. Mr. Ziegler questioned if steps will be on the rear side of the house. Mr. Bishop indicated that a sidewalk will be on the rear side of the house, but not steps.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 3, 4, 5 and 6; agreed with applicant on Item 2 by a 3 – 2 vote and disagreed with the applicant by 5 – 0 on Item 7.

Jack Ziegler made a motion to approve Case #068121. The motion was seconded by Tim McKenna. Motion passed.

Case #068125 – Jerry Schuett

Secretary Sandra Erwin read the facts of the case. The applicant is proposing an accessory building (garage) to be located on property at 2969 N. Heron Drive, also known as Lots 31 & 32 of Harbor Estates Subdivision. The property is located in the “R-3” Residential Zoning District and the applicant is requesting the reduction of the side yard setback from twenty-five feet (25’) to eight feet (8’).

Jerry Schuett was sworn in by Chairman Baugh. Mr. Schuett had no additional comments.

Mr. Ziegler questioned the sewer location. Mr. Schuett indicated that the garage needs to be at least ten feet from the house because of the sewer line.

Doug Blackburn noted that when looking down Skipper Drive, nothing is located that close to the road. Mr. Ziegler questioned if the garage could be located on the other side of the house. Mr. Schuett indicated no.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 4, 5 and 7; agreed with the applicant by a 3 – 2 vote on Items 2 and 6; and agreed with the applicant on Item 3 by a 4 – 1 vote.

Sandra Erwin made a motion to approve Case #068125. The motion was seconded by Tim McKenna. The motion passed by a 3 -1 vote with Doug Blackburn voting against the motion.

Case #068131 – Mark & Wendy Worley

Sandra Erwin read the facts of the case. The applicants are requesting a use variance for a parking area to be situated on property located at 5164 Porter Street and also known as Parcel #0130122601493000. The property is located in the “A” Residential Low Density District.

Mark Worley was sworn in by Chairman Baugh. Mr. Worley indicated that he has five (5) acres from lot 4 and that he is two (2) blocks from the ferry boat. The parking area would be for overflow of vehicles. The area requested for the parking area is 100 feet wide by 300 feet in depth. Approximately eighty (80) cars can be parked.

Chairman Baugh questioned if this area had previously been used as a parking area. Mr. Worley indicated that it was used as a parking area until the township closed it down.

Doug Blackburn questioned if the parking area would be used occasionally. Mr. Worley indicated it would be used on major weekends and available on all weekends when needed.

Discussion was closed to the floor. The Board reviewed the requirements. Chairman Baugh noted that the area to the south was scrub and brush.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1 and 3 and agreed with the applicant on Item 2 by a 3 – 2 vote.

Doug Blackburn made a motion to approve Case #068131. The motion was seconded by Sandy Erwin. Motion passed by a 3 – 1 vote with Jack Ziegler voting against the motion.

Case #068132 – Dean & Vicky Snyder

Secretary Sandra Erwin read the facts of the case. The applicants are proposing a new single family dwelling and attached garage for property located at 1570 N. Compass Road and also known as Lot 89 of Harbor Park Marina Subdivision. The applicants are requesting a variance to reduce the rear yard setback from thirty-five feet (35’) to five feet (5’).

Vicky Snyder was sworn in by Chairman Baugh. Mrs. Snyder indicated that a garage is proposed to be attached to the new home and as a result, a variance is required. Chairman Baugh questioned if the Harbor Park Association has approved the proposal. Mrs. Snyder indicated that approval has been obtained from Harbor Park. Chairman Baugh questioned steps. Mrs. Snyder indicated that the steps will be to the side of the house, not infringing on the water setback.

The Board reviewed the Finding of Fact. The Board disagreed with the applicant on Item 1 by a 5 – 0 vote and agreed with the applicant by a 5 – 0 vote on all other Items.

Jack Ziegler made a motion to approve Case #068132. The motion was seconded by Doug Blackburn. Motion passed.

Approval of Minutes – April 11, 2018

The meeting minutes from the April 11, 2018 meeting was mailed to each member. Tim McKenna moved to approve the April 11, 2018 meeting minutes. Jack Ziegler seconded the motion. Motion passed. Doug Blackburn abstained.

Other Business

No other business to conduct.



Adjournment

Doug Blackburn moved to adjourn the meeting. The motion was seconded by Tim McKenna. The meeting was adjourned at 8:50 p.m.

Respectfully submitted,



_____________________________________ __________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary