MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JUNE 12, 2019
Attendees
Kurt Strickler Michael Voll
Stacey Strickler Rick Smetzer
Teresa Fontana John Feick
Steve Ross Jack Grummel
Roger Hogrefe Ginger Grummel
Rhonda Hogrefe John Holodnak
Thomas Smith Dan Leidheiser
Joan Smith Nicholas Phillips
Kim Skrinak Vince Lathrop
Liz Skrinak Nick Ross
Jeannine Stalter Theresa Spitler
Ed Spitler
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 no questions.
New Business
Case #331883 – Roger Hogrefe
Sandy Erwin read the facts of the case. The applicant proposes to transfer a 2.94’ – 4.98’ strip of land of land to the adjacent property owner. As a result, the applicant is requesting an area variance to reduce the existing lot width from 53.33 feet to 50.39 feet and lot area from 5,333 square feet to 4,939 square feet. In addition, the applicant is requesting the reduction of the side yard setback from six feet (6’) to five feet (5’). The transfer would eliminate an existing easement and place the carport on the neighbor’s property. The property is located at 3236 N. Utility and is also known as Lot 45 of Gem Beach Subdivision Plat 4. The property is located in the “C-4” Recreational District. All fees have been paid.
No Board member had a conflict of interest.
Roger Hogrefe was sworn in by Chairman Baugh. Mr. Hogrefe noted that the purpose of the land transfer is to eliminate an existing easement. Todd Bickley indicated that the two (2) lots were previously owned by one person who obtained a variance to install a roof extension. When the two lots were sold off separately, it was determined that the roof extended onto the adjacent lot. As a result, an easement on Mr. Hogrefe’s property was created. If the variance is approved, Mr. Hogrefe will transfer land to the adjacent lot owner which would result in the roof being completely on his neighbor’s property; thus allowing the easement to be eliminated.
Chairman Baugh closed the discussion from the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant on all seven (7) items.
Tim McKenna made a motion to approve Case #331883. The motion was seconded by Doug Blackburn. All Board members voted in favor of the motion. Chairman Baugh did not vote.
Case #331889 – Stacey & Kurt Strickler
Sandy Erwin read the facts of the case. The applicants are proposing a bedroom addition and are requesting the reduction of the side yard setback from six feet (6’) to 4’-11”, the reduction of the rear yard setback from forty feet (40’) to five feet (5’) and to exceed the lot coverage requirement from thirty percent (30%) to forty-eight percent (48%). The property is located at 5885 Gordon Shore Drive in Gem Beach. The property is zoned “A” Residential Low Density District.
No Board member had a conflict of interest.
John Feick, representing the applicants, was sworn in by Chairman Baugh. Mr. Feick indicated that the existing structure is a one story single family home with three bedrooms. One of the bedrooms is small and will be removed and a larger room will be constructed. According to Mr. Feick, 174 square feet will be removed and 394 square feet will be added. The existing drainage will not be changed and a new driveway will be installed.
Tim McKenna questioned the drainage. Mr. Feick indicated that the water will flow to the street.
Chairman Baugh questioned the two pins that were located. Mr. Feick indicated they were found in the rear.
Jack Ziegler questioned if the shed will be removed. Mr. Feick indicated that the shed will be removed. Mr. Ziegler questioned the patio. Mr. Feick commented that the new patio will be placed where the third bedroom is now located.
Steve Ross was sworn in by Chairman Baugh. Mr. Ross indicated that he is the owner to the west of the Strickler property. Mr. Ross commented that when people improve their properties, they should stay within the zoning parameters. The applicants could address their need by building a second floor, similar to what his parents had done. Mr. Ross noted that he has a family room on the side the bedroom is to be added. He is concerned about the noise and the fact that a bedroom window will be facing and looking into the family room. He also noted a loss of green space and possible drainage issues.
Mr. Feick noted that a bedroom already exists on that side of the home and so no new noise will be created. Mr. Feick did state that the applicants could build up; however, only one bedroom is needed and no additional space is required.
Mr. Ross commented that the applicants are adding a building area and a patio, and as a result, are eliminating green space.
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 Items 1, 3, 4, 5 and 7; agreed with the applicant by a 4 – 1 vote on Item #6 and disagreed with the applicant by a 3 – 2 vote on Item #2.
Sandra Erwin made a motion to approve Case #331889. The motion was seconded by Jack Ziegler. All Board members voted in favor of the motion. Chairman Baugh did not vote.
Case #331891 – Ed Spitler/Spitler Rentals, LLC
Sandra Erwin read the facts of the case. The applicant is requesting an area variance to exceed the height requirement of fifteen feet (15’) for an accessory building. The height of the proposed structure will be twenty-five feet (25’). The property is located at 3621 N.E. Catawba Road in Section 3, Lot 9 of Catawba Island Township. The property is zoned “C-3” Highway Commercial District.
No Board member had a conflict.
Ed Spitler was sworn in by Chairman Baugh. Mr. Spitler indicated that the accessory building would be used to store his boat and trailer. Mr. Spitler commented that he had talked with his neighbor, Mike Bassett, who suggested that the accessory building be moved further back of the road. Mr. Spitler agreed and is now moving the building an additional seventy feet (70’) back. Mr. Spitler noted that the accessory building will be a metal building and that a big tree will need to come out. Mr. Spitler provided a picture of the building.
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 3 – 2 vote on Item #1; agreed with the applicant by 5 – 0 vote on Items 3, 4, 5 and 7; agreed with the applicant by 4 – 1 vote on Item #6 and disagreed with the applicant by a 5 – 0 vote on Item #2.
Doug Blackburn made a motion to approve Case #331891. The motion was seconded by Tim McKenna. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #331893 Mike Voll
Secretary Erwin read the facts of the case. The applicant proposes an attached garage addition and is requesting the reduction of the rear yard setback from thirty-five feet (35’) to eight feet (8’). The property is located at 4212 Park and is also known as lots 132 & 133 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict.
Secretary Erwin read a letter from John A. Coppeler, representing the Catawba Cliffs Association.
Mike Voll was sworn in by Chairman Baugh. Mr. Voll indicated that the existing garage was turned into a bedroom and the old shed was removed. Mr. Voll intends to construct a two car garage which will be 8’ 6” from the neighbor. The existing house is 7’ 6” from the property line.
Chairman Baugh commented that the Board does not look favorably upon those who begin construction before obtaining the proper permits. Vince Lathrop was sworn in by Chairman Baugh. Mr. Lathrop apologized for starting construction before obtaining permits. He was trying to beat the weather and the property owner would like the driveway installed.
Mr. Voll commented that he is trying to sell the property and prospective buyers would like to have a garage. Doug Blackburn questioned why the nine foot (9’) bump out. Mr. Voll indicated that this would be used for golf cart storage.
Elizabeth Skrinak was sworn in by Chairman Baugh. Ms. Skrinak is an adjoining property owner and she read a prepared statement. Ms. Skrinak commented that the applicant self-created the need for the variance. The MLS sale price for the property is $899,000. She noted that the original garage was only seven feet (7’) off the property line. Ms. Skrinak stated that the hardship is self-created by eliminating the original garage. As a result, the variance application should be denied. Ms. Skrinak prepared a Finding a Fact and submitted the document to the Board.
Mr. Voll indicated that he has known the neighbors for three (3) years and that he removed an old shed that the neighbors had asked to be removed. Mr. Voll noted that the addition is still further away from the property line than the existing house.
Ms. Skrinak agreed that she made comments about the shed, but did not ask that it be removed. She noted that two (2) wrongs do not make a right and she also noted that density would be increased.
Teresa Fontana was sworn in by Chairman Baugh. Ms. Fontana was concerned about the driveway location. She indicated that she found two (2) pins and it appears that the driveway to be installed is nine feet (9’) into her property. She noted that Mr. Voll has told her that a surveyor is coming tomorrow, hopefully, he/she is certified.
Mr. Voll apologized for placing landscaping on Ms. Fontana’s property. Mr. Voll showed the Board a drawing of the property lines. Mr. Voll noted that he may have dug into Ms. Fontana’s property. He indicated that a certified surveyor is coming tomorrow and that no part of his driveway will be on Ms. Fontana’s property.
Chairman Baugh closed the discussion from the floor. Mr. Blackburn noted that a survey needs to be completed and that the proposal still needs Cliffs Association approval.
Tim McKenna made a motion to table the case until the July 10, 2019 Board of Zoning Appeals meeting, which will start at 6:00 p.m. The motion was seconded by Jack Ziegler. All members voted in favor of the motion. Chairman Baugh did not vote.
Case #331894 Libby Voll
Secretary Erwin read the facts of the case. The applicant proposes to transfer a fifteen foot (15’) strip of land to the north adjacent property owner. As a result, the applicant is requesting an area variance to reduce the existing lot width from 91.1 feet to 76.1 feet. The property is located at 3522 N.W. Catawba Road in Section 3, Lot 6 of Catawba Island Township. The property is zoned “R-1” Residential District.
No Board member had a conflict.
Mike Voll was sworn in by Chairman Baugh. Mr. Voll indicated that the property owner to the north would like to increase the existing driveway by ten feet (10’). Consequently, if the variance is approved, Libby Voll would sell fifteen feet (15’) along the side lot line and in addition, sell fifty (50’) in the rear. Mr. Ziegler requested Mr. Voll come to the table to show what is to be sold. Mr. Voll showed the Board the proposed property transfer. Mr. Voll noted that a survey will not be ordered until the variance is approved.
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 #2, 3, 4, 5 and 7; disagreed with the applicant on Item #1 by a 5 – 0 vote and disagreed with the applicant by a 3 – 2 vote on Item #6.
Jack Ziegler made a motion to approve Case #331894. The motion was seconded by Sandra Erwin. The motion passed with all Board members voting in favor of the motion. Chairman Baugh did not vote.
Case #331895 John Holodnak
Secretary Erwin read the facts of the case. The applicant proposes the installation of an accessory building (shed) and is requesting the reduction of the side and rear yard setbacks from five feet (5’) to two feet (2’). The property is located at 5859 E. Poplar and is also known as Lot 19 of Gem Beach Subdivision Plat 4. The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
John Holodnak was sworn in by Chairman Baugh. Mr. Holodnak indicated that he intends to remove an existing shed and replace with a new shed. Chairman Baugh questioned which shed will be removed. Mr. Holodnak indicated that it would be the shed directly behind the house. Mr. McKenna questioned if power will be provided to the shed. Mr. Holodnak indicated that power will not be provided.
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 all the items, except Item #4, which the Board agreed with the applicant by a 4 – 1 vote.
Doug Blackburn made a motion to approve Case #331895. The motion was seconded by Tim McKenna. The motion was approved with all the members voting in the affirmative. Chairman Baugh did not vote.
Case #331896 Nicholas & Elizabeth Phillips
Secretary Erwin read the facts of the case. The applicants propose to relocate a manufactured home to the property located at 5227 E. Lawrence Drive (Northeast corner of Croghan & Lawrence Drive). The applicants request the reduction of the front yard setback from thirty feet (30’) to seven feet (7’) and the reduction of the rear yard setback from thirty-five feet (35’) to seven feet (7’). The property is zoned “C-3” Highway Commercial District.
No Board member had a conflict.
Nicholas Phillips was sworn in by Chairman Baugh. Mr. Phillips indicated that a mobile home will be relocated to the same location on the lot as the previous mobile home.
Chairman Baugh questioned if the lot goes out to Croghan. Mr. Phillips indicated that the lot does front on Croghan. Chairman Baugh questioned if the mobile home could be placed east-west versus north-south. Mr. Phillips indicated no because of the existing utilities and the way the old mobile home was situated. Mr. Blackburn questioned if Mr. Phillips would object to placing the mobile home east-west. Mr. Phillips indicated that it would not be cost effective based on the existing concrete and that it would look odd based on how the other mobile homes in the area are situated.
Rick Smetzer was sworn in by Chairman Baugh. Mr. Smetzer indicated that his in-laws are the neighbors to the east and they do not have a problem with the placement of the mobile home. Mr. Smetzer questioned if the setback is five feet (5’) instead of seven feet (7’). Mr. Phillips was not sure of the exact lot lines and that the flag placement was an approximation.
Chairman Baugh noted that the Board may not be sure that the variance requested is correct. The pins need to be located.
Chairman Baugh closed discussion from the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant by a vote of 5 – 0 on Items #3, 4, 5 and 7; disagreed with the applicant by a 5 – 0 vote on Items #1 and 6 and disagreed with the applicant on Item #2 by a 4 – 1 vote.
Doug Blackburn made a motion to approve Case #331896 subject to the mobile home being centered on the lot so that the front and rear yard setbacks are at seven feet (7’) and that the lot corners be identified before the mobile home is placed on the lot. The motion was seconded Sandra Erwin. The motion passed with Tim McKenna, Doug Blackburn and Sandra Erwin voting in favor of the motion and Jack Ziegler voting against the motion. Chairman Baugh did not vote.
Case #331897 Ron & Dawn Ulle
Secretary Sandra Erwin read the facts of the case. The applicants propose to extend a roof over a patio and they are requesting the reduction of the side yard setback from 7.53 feet to 0 feet and to exceed lot coverage from 44.4% to 46.1%. The property is located at 3058 Carolina Street and is also known as Lots 24, 32 and 41 of Gem Beach Subdivision Plat 2. The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
Dan Leidheiser, representing the applicants, was sworn in by Chairman Baugh. Mr. Leidheiser indicated that he was representing the Ulle’s who would like to extend a roof over a concrete slab. Four posts would be installed and the roof would be shingled. Mr. Blackburn questioned if the area would be enclosed. Mr. Leidheiser indicated that the area would not be enclosed. Chairman Baugh questioned eaves. Mr. Leidheiser commented that the eaves would not extend over the slab. Gutters were mentioned and Mr. Leidheiser indicated that gutters were not planned, but if installed, the roof extension would need to be backed up by four inches (4”).
Jack Grummel was sworn in by Chairman Baugh. Mr. Grummel noted that he does not believe that a zero lot line should be approved and he expressed concern with drainage, which is a problem in the area. He noted that the roof adds more drainage and that he owns four (4) adjacent lots and the water would drain into those lots. He believes the applicants have other alternatives.
Chairman Baugh closed discussion from the floor.
The finding of fact was reviewed from by the Board. The Board agreed with the applicant on Items #1, 4 and 7 by a 5 – 0 vote; agreed with the applicant by a 4 – 1 vote on Items 3 and 5; and disagreed with the applicant on Items #2 and 6 by a 5 – 0 vote.
Jack Ziegler made a motion to approve Case #331897. The motion was seconded by Doug Blackburn. All Board members voted to deny the motion. The motion failed. Chairman Baugh did not vote. Sandra Erwin made a motion to disapprove Case #331897. The motion was seconded by Jack Ziegler. All Board members voted in the affirmative and the motion to disapprove Case #331897 was approved. Chairman Baugh did not vote.
Approval of Minutes – May 8, 2019
The meeting minutes from the May 8, 2019 meeting was mailed to each member. Tim McKenna moved to approve the May 8, 2019 meeting minutes. The motion was seconded by Sandra Erwin. Motion passed.
Old Business
Concerning Case #331874, Mr. Blackburn informed the Board that Orchard Inn owns a right of first refusal on the property to be obtained by Rudders. Discussion followed. It was noted that if Orchard Inn exercises the option, then Rudders would be unable to expand its parking area.
Other Business
Trustee Matt Montowski introduced Brian Caldwell, newly appointed alternate member to the Board of Zoning Appeals.
Adjournment
Tim McKenna moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
_____________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary