Minutes: August 14th, 2019


AUGUST 14, 2019


Andy Cali Vince Lathrop
Philip Whitt Michael Voll

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, Doug Blackburn, Tim McKenna and Alternates Flint Heidlebaugh and Brian Caldwell. 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.

Flint Heidlebaugh replaced Jack Ziegler, who was absent.

New Business

Case #331916 – Andrew & Maria Cali

Sandy Erwin read the facts of the case. The applicants are proposing the installation of two (2) decks on property located at 5350 Hull Drive and also known as Lot 7 of Johnsons Landing Subdivision 2. The applicants are requesting the reduction of the side yard setback from five feet (5’) to four feet (4’), the reduction of the front yard setback to the right-of-way line which said right-of-way is no longer used, and to exceed the enlargement of a non-conforming building from 20% to 38.19%. The property is zoned “R-3” Residential District.

No Board member had a conflict of interest.

Andrew Cali was sworn in by Chairman Baugh. Mr. Cali indicated that he is proposing two (2) decks, one to the front of the house and the other off the rear of the house. Mr. Bickley explained that the lot fronts on an abandoned right-of-way to the south, of which the deck will extend to. Hull Road is to the north. Mr. Bickley noted that similar front yard variances have been approved in the neighborhood.

Philip Whitt was sworn in by Chairman Baugh. Mr. Whitt indicated that the road to the south, which is no longer in place, provided access to the docks at the end of the property. Mr. Whitt also noted that docks on the north side of the property have been sold to the property owners. Mr. Cali showed an Army Corps permit showing the property extending to the edge of the channel to the south. As a result, the deck to the south would be nineteen feet (19’) off the channels edge.

Chairman Baugh questioned the side yard setback of five feet (5’) to four feet (4’). Mr. Bickley understands that the south deck would extend one (1) foot beyond the house. Mr. Cali indicated the deck will match the house, as a result, the side yard setback is not needed.
Doug Blackburn questioned if the shed was to be removed. Mr. Cali commented that it would be removed.

Tim McKenna questioned if the decks will be roofed. Mr. Cali indicated that the decks will not be roofed.

Mr. Blackburn questioned the decks height and whether there will be steps. Mr. Cali indicated that the decks are on the second floor and there will be no steps.

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, 6 and 7; and disagreed with the applicant by a 4 – 1 vote on Item #2.

Sandra Erwin made a motion to approve Case #331916 with the amendment that the side yard setback is not necessary, the decks will not be covered and the shed will be removed from the property. The motion was seconded by Tim McKenna. All Board members voted in favor of the motion. Chairman Baugh did not vote.

Approval of Minutes – July 10, 2019

The meeting minutes from the July 10, 2019 meeting was mailed to each member. Doug Blackburn moved to approve the July 10, 2019 meeting minutes. The motion was seconded by Sandra Erwin. Motion passed.

Other Business

Mike Voll questioned if the approval of his variance can be appealed once the minutes have been approved. Chairman Baugh indicated that an appeal can be filed within thirty (30) days of approving the minutes.

Mr. Bickley requested an opinion concerning an existing on-premise sign changing to an off premise sign. Discussion followed. The general consensus of the Board is that the sign could not be changed to an off-premise sign.


Sandra Erwin moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 6:43 p.m.

Respectfully submitted,

______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary