Minutes: November 13th, 2019


NOVEMBER 13, 2019


Herbert “Jack” Poe

Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Doug Blackburn, Jack Ziegler, Tim McKenna, Alternate Flint Heidlebaugh and Alternate 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.

Brian Caldwell replaced Sandra Erwin, who was absent.

New Business

Case #331956 – Herbert & Sally Poe

Zoning Inspector Todd Bickley read the facts of the case. The applicants are proposing an accessory building and they are requesting an area variance to reduce the side yard setback from five feet (5’) to four feet (4’), the reduction of the rear yard setback from five feet (5’) to two feet (2’) and the to exceed the building height requirement from fifteen feet (15’) to nineteen feet (19’). The property is located at 5168 Gardner Road and is also known as Lot 18 of Gardner Landing Subdivision #2. The property is zoned “C-4” Recreational-Commercial District.

No Board member had a conflict of interest.

Herbert Poe was sworn in by Chairman Baugh. Mr. Poe indicated that he intends to build a building to store his boat, cars and other items. Mr. Poe commented that he has a car collection and they are antiques. Although he would prefer a larger building, the largest he can go is 36’ x 24’. Mr. Poe noted that he has talked to his neighbors and they are happy that his stuff will be properly stored. Mr. Poe is requesting the building height to be nineteen feet (19’) so that he will be able to store the boat and he is considering adding a car lift so that the cars can be stacked. Mr. Poe stated that the neighbors do not think the accessory building will be a problem and that the building will not look out of place since it will back up to an existing boat storage building. Mr. Poe also stated that he intends to extend a sewer line to the building so that a bathroom could be installed.

Chairman Baugh questioned if the accessory building will have an upstairs. Mr. Poe indicated that he would like to install a ceiling and have insulation.

Chairman Baugh questioned if drawings/plans have been prepared. Mr. Poe commented that the lumber company has put together a building package for a pole barn with a concrete floor. Construction will consist of poles placed in the ground. Chairman Baugh questioned siding. Mr. Poe indicated that the siding will match the existing home.

Tim McKenna questioned if the building will have heat and electricity. Mr. Poe indicated that the building will have heat and electricity, and the building will have a bathroom and will be insulated.

Jack Ziegler noted that the distance from the house is six feet (6’). If moved one (1) foot to the house, the building would be five feet (5’) from the house and meet the required side yard setback on the east side. When questioned, Mr. Poe stated that he has not had a survey of the property and lines were based on the neighbor’s property, who recently installed a new manufactured home. Chairman Baugh agreed with Mr. Ziegler’s suggestion of relocating the building one (1) foot to the west.

Mr. McKenna questioned drainage runoff. According to Mr. Poe, standing water is not a problem in this area. Doug Blackburn suggested that gutters should be added and the water should be directed away from the neighbors.

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, 2, 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 #3.

Jack Ziegler made a motion to approve Case #331956 with the following conditions: relocate the accessory building one (1) foot to the west so that the east side yard setback will meet the five (5) foot requirement and still maintain a five (5) foot setback from the house, gutters are to be added to the accessory building to provide adequate drainage, sheds/lean to’s will not be attached to the accessory building, and living quarters is not permitted in the accessory building. The motion was seconded by Doug Blackburn. All Board members voted in favor of the motion. Chairman Baugh did not vote.

Case #331874 Robert & Kathleen Pudelski

Zoning Inspector Todd Bickley explained that the Robert Pudelski received a conditional use permit for a parking area to be located on property contiguous to and west of Rudder’s. Mr. Pudelski was advised that the fence plan would need to be approved by the Board of Zoning Appeals. Mr. Pudelski is proposing to relocate the existing wire fence (interim fencing) on the east side of the property to the north and west side, and add sixty feet (60’) of the wire fence. Once the parking project is completed, sometime next season, the wire fence will be replaced with the final fence, which is the same fence installed by Miller Boat Line on Whitt’s old property.

Tim McKenna made a motion to approve the fence plan submitted by Robert Pudelski. The motion was seconded by Jack Ziegler. Motion passed.

Approval of Minutes – October 9, 2019

The meeting minutes from the October 9, 2019 meeting was mailed to each member. Doug Blackburn moved to approve the October 9, 2019 meeting minutes. The motion was seconded by Brian Caldwell. Motion passed.

Other Business

Trustee Matt Montowski briefly reviewed a request for a crosswalk at Eagle Beach and a request by CIC for a traffic study at the intersections of Moore’s Dock Road, Barnum Road and Beach Club Road with N. W. Catawba Road. The Trustees worked with the County Engineer to address these requests.

Chairman Baugh questioned addressing pedestrian traffic at Catawba Point. Discussion followed.

Zoning Inspector Bickley questioned if the Board remembered discussing a rear yard issue in Fairway Subdivision. Mr. Bickley indicated that an individual is proposing a house on Lot 11 and because of the other homes location in the neighborhood, the proposed home would be approximately fifteen feet (15’) off the rear lot line. Mr. Bickley noted that when reviewing the new house on Lot 6, the previous zoning inspector indicated that the Board granted approval of the home’s location near the rear property line without a variance. The Board indicated that the past minutes should be reviewed to determine the Board’s decision. Mr. Bickley will review past minutes.

Mr. Bickley informed the Board that a variance was granted for a lot width and area reduction for property located at 3236 Utility. The owner was transferring a small amount of land to the neighbor so that an easement, created for an overhang, could be eliminated. A dimension change of approximately two feet (2’) was determined by the surveyor. The lot width and area would be unchanged. The Board agreed that the applicant would not need to refile.


Tim McKenna moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 6:58 p.m.

Respectfully submitted,

______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary