Minutes: April 10th, 2019

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

APRIL 10, 2019

Attendees

Richard Holub Valerie Holub
Heather McCurdy Shirley Caiola
Brenda Metlesitz Diane Lythe
Matthew C. Parker

Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandy Erwin, Jack Zeigler, Doug Blackburn, Tim McKenna, and Alternate Flint Heidlebaugh. Todd Bickley, Zoning Inspector and Matt Montowski, Trustee was also in attendance. Chairman 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 #331856 – Richard & Valerie Holub

Sandy Erwin read the facts of the case. The applicants propose the construction of a new house with an attached garage and they are requesting the reduction of the front yard setback from thirty-five feet (35’) to eight feet (8’). The property is located at 4750 E. Johnson Drive and is also known as Lot 6 of Bibi’s Subdivision. The property is zoned “C-4” Recreational Commercial District.

No Board member had a conflict of interest.

Richard Holub was sworn in by Chairman Baugh. Mr. Holub indicated that he would like to build a new house with an attached garage. Mr. Holub has built a sea wall, removed trees from the lot and he is now hoping to build a summer home.

Chairman Baugh questioned the red flag located across Johnson Avenue. The red flag was not put there by Mr. Holub and Lot 6 property lines do not go across the street. Mr. Holub does not own property across the street. Chairman Baugh questioned if the lot has been surveyed. Mr. Holub indicated that the lot has not been surveyed. Doug Blackburn questioned whether corner pins are in place. Mr. Holub indicated that pins are on the lot corners at the road right-of-way.

Mr. Blackburn questioned whether stone will be placed all the way around the lot. Mr. Holub stated that he is bringing in soil. The lot is in a floodplain and the home will need to be above the 100 year floodplain level.

Chairman Baugh noted that the garage will be ten feet (10’) off the lot line and he questioned if that will be enough room for parking. Mr. Holub indicated that he has parked his truck in that location and Mr. Holub identified an additional parking spot.

Mr. Bickley commented that he received a phone call from the adjoining property owner to the north who expressed concern with the distance of the home from the sea wall. He noted that the home will be closer to the water’s edge versus the other homes in the subdivision and the sight line will be affected.

Chairman Baugh closed the discussion from the floor.

The finding of fact was reviewed by the Board. The Board disagreed with the applicant on Item #1 by a 4 -1 vote and agreed with the applicant by a 5 – 0 vote on the remaining Items.

Mr. Blackburn expressed a concern that the lot has not yet been surveyed.

Doug Blackburn made a motion to approve Case #331856 with the condition that a survey of the lot is submitted to the Zoning Inspector prior to the issuance of a zoning permit to verify the structure’s location. The motion was seconded by Tim McKenna. Motion passed.

Case #331857 – Shirley Caiola

Sandy Erwin read the facts of the case. The applicant is proposing to replace an existing single wide manufactured home with a new manufactured home and is requesting the reduction of the rear yard setback from thirty-five (35’) feet to ten feet (10’). The property is located at 5178 E. Gardner Road and is also known as Lot 19 of Gardners Landing Subdivision 1. The property is zoned “C-4” Recreational Commercial District.

No Board member had a conflict of interest.

Heather McCurdy was sworn in by Chairman Baugh. Ms. McCurdy of Clayton Homes is representing Shirley Caiola who is proposing to replace an existing single wide manufactured home and with a 2019 single wide manufactured home with a three (3) season room. The length of the home is seventy-two feet (72’) and a variance is needed for the rear yard setback.

Mr. Blackburn commented that stairs on the west side appears to be in the setback. Mr. Bickley noted that the side yard setback for a fifty (50) foot wide lot is five feet (5’). Ms. McCurdy noted that a three (3) foot landing will be situated on the west side and the stairs could then either go to the south or north. The Board noted that the application would need to be amended for a side yard setback.

Shirley Caiola was sworn in by Chairman Baugh. Jack Ziegler questioned whether the power lines will be an issue with the neighbors. Ms. Caiola noted that she has talked to her neighbors who are fine with her proposal. Ms. McCurdy indicated that she has made contact with Ohio Edison.

Chairman Baugh closed the discussion to the floor.

The finding of fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 vote on all the Items except for Item #6, which by a 5 – 0 vote the Board disagreed.

Sandy Erwin moved to approve Case #331857 with the addition of a side yard variance on the west side from five feet (5’) to three feet (3’). The motion was seconded by Doug Blackburn. Motion passed.

Case #331859 – Miller Boat Line, Inc.

Alternate Member Flint Heidlebaugh replaced Sandy Erwin who removed herself from the case.

Todd Bickley read the facts of the case. The applicant proposes to install a temporary ticket booth and is requesting an area variance to reduce the front yard setback from sixty feet (60’) to twenty-two feet (22’) and reduce the side yard setback from five feet (5’) to zero feet (0’). The property is located 5174 Water Street and also known as the Catawba Dock North of the Road. The property is zoned “C-3” Highway Commercial District. Mr. Bickley also noted that the ticket booth is thirty-two (32) square feet and a zoning permit is not required for structures less than forty-eight (48) square feet; however, setbacks must be met.

Matthew Parker was sworn in by Chairman Baugh. Chairman Baugh questioned what was meant by temporary. Mr. Parker indicated that the ticket booth would be in place for the 2019 season. Mr. Parker indicated that Miller Boat Line has major construction plans for the dock which may occur in two (2) years, so the temporary ticket booth may be needed for only two (2) years. Mr. Parker noted that the reason for the temporary ticket booth is to be better able to handle the volume of people and to get them down to the dock quickly so that the Association’s drive and the road is not blocked. Once the improvements are completed, there will only be one ticket booth.

Chairman Baugh questioned having the ticket booth by the warehouse and Mr. Blackburn commented that the ticket booth could be at the parking area, so the customers could have a ticket before crossing the street. Mr. Parker indicated that the alternatives have been considered but would not properly address the issues.

Mr. Parker noted that the temporary ticket booth will handle those with on-line tickets.

Chairman Baugh closed the discussion from the floor.

The finding of fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 4, 6 and 7 and disagreed with the applicant by a 5 – 0 vote on Items 2, 3 and 5.

Tim McKenna made a motion to approve Case #331859 for the 2019 season only. The case will be reviewed by the Board prior to the 2020 season. The motion was seconded by Jack Ziegler. Motion passed.

Sandy Erwin returned to the meeting.


Approval of Minutes – March 13, 2019

The meeting minutes from the March 13, 2019 meeting was mailed to each member. Doug Blackburn moved to approve the March 13, 2019 meeting minutes. The motion was seconded by Jack Ziegler. Motion passed.

New Business

Mr. Bickley informed the Board that the structure at 1871 NW Catawba Road will be demolished.

Old Businees

A decision on the Miller Boat Line Use Variance Appeal has not been issued by the Court of Common Pleas.

Adjournment

Tim McKenna moved to adjourn the meeting. The motion was seconded by Sandy Erwin. The meeting was adjourned at 6:48 p.m.

Respectfully submitted,


_____________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary