MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
DECEMBER 11, 2019
Attendees
Bruce Yackee Diane Price
Amy Yackee John Meister
Sally Soltis Craig Trick
Ron Soltis Andrea Trick
Keith Price John Schroeder
Jim Conner Kurt Dauterman
Debbie Meister Kathryn Hafer
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, Sandra Erwin, 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.
Chairman Baugh indicated that Case #331974 will be the first case to be considered.
New Business
Case #331974 – John & Jennifer Schroeder
Sandra Erwin read the facts of the case. The applicants are proposing an addition to the garage and they are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to thirty feet (30’). The property is located at 1799 N. Lakewood Avenue and is also known as Lot 16 of West Catawba Lagoons Subdivision – Plat 2. The property is zoned “R-1” Residential District.
No Board member had a conflict of interest.
John Schroeder was sworn in by Chairman Baugh. Mr. Schroeder indicated that he would like to construct an additional car garage which would match the house. HOA approval has been obtained.
Chairman Baugh questioned the size and appearance. Mr. Schroeder stated that the size is 12’ x 23’ and the addition would match the house, but be a little smaller than the existing garage.
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 Items.
Tim McKenna made a motion to approve Case #331974. The motion was seconded by Doug Blackburn. All Board members voted in favor of the motion. Motion passed. Chairman Baugh did not vote.
Case #331964 - Lagoon LLC (Ron Soltis, President)
Sandra Erwin read the facts of the case. The applicant is proposing to demolish the existing garage and build an attached garage at 5543 E. Helmsman Drive, also known as Lot 148 of Johnsons Landing Subdivision – Plat C. The applicant is requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to twenty-two feet (22’) and increase the lot coverage requirement from 36% to 39.5%. The property is zoned “R-3” Residential District.
No Board member had a conflict of interest.
Ron Soltis was sworn in by Chairman Baugh. Mr. Soltis indicated that the cottage is being turned into a year-round home and the garage is needed for storage on the first floor and living space on the second floor. The garage would be attached to the house and the construction would be similar to the house.
Chairman Baugh commented that he was confused with the property line location. Mr. Soltis indicated that instead of using flags, he had marked the corners with orange paint. Stakes have been installed and the neighbor had his property marked as well. Other board members were able to determine the property line.
Chairman Baugh questioned that when construction is completed, there will be one (1) structure. Mr. Soltis stated that when completed, there will be one (1) structure on the property.
Chairman Baugh closed discussion from the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant on Items 1, 3, 4, 6 and 7 by a 5 – 0 vote; agreed with the applicant on Item 5 by a 3 – 2 vote and disagreed with the applicant by a 4 – 1 vote on Item 2.
Doug Blackburn made a motion to approve Case # 331964. The motion was seconded by Sandra Erwin. All Board members voted in favor of the motion. Motion passed. Chairman Baugh did not vote.
Case #331968 - Keith & Julie Price
Sandra Erwin read the facts of the case. The applicants propose a roof extension over a new patio and they are requesting the reduction of the front yard setback from thirty-two feet (32’) to twelve feet (12’). The property is located at 3070 A Street and is also known as Lots 23 & 31 of Gem Beach Subdivision 2. The property is zoned “A” Residential Low Density District.
No Board member had a conflict of interest.
James Conner was sworn in by Chairman Baugh. Mr. Conner explained that the property owners are installing a 12’ x 24’ patio with a covered roof, which will be shingled and have gutters.
Chairman Baugh questioned if the area will be enclosed. Mr. Conner indicated that the property owners do not intend to enclose the patio area. Chairman Baugh questioned the area behind the house as shown on the drawing. Mr. Conner indicated that the 14’ x 14’ area shown on the drawing is an existing concrete area. Chairman Baugh questioned if the area will be used for parking. Mr. Conner indicated that the area will not be used for parking.
Jack Ziegler questioned the shed. Mr. Conner stated that the shed will be relocated.
Tim McKenna questioned drainage. Mr. Conner indicated that the roof extension will have gutters and the water will drain to the street. The area where the shed is now located is low and will be built up.
Chairman Baugh closed 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 Items.
Jack Ziegler moved to approve Case #331968 with the condition that the covered roof area will not be enclosed. The motion was seconded by Doug Blackburn. All Board members voted in favor of the motion. Motion passed. Chairman Baugh did not vote.
Case #331970 – Lewis & Kathryn Hafer
Sandra Erwin read the facts of the case. The applicants are proposing to construct an accessory building and they are requesting the reduction of the Sand Road setback from forty-seven feet (47’) to twenty feet (20’). The property is located at 2837 E. Sand Road and is also known as lots 11, 69 and the west half of 12 & 68 of Byrneal Beach Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict of interest.
Kathryn Hafer was sworn in by Chairman Baugh. Ms. Hafer noted that the proposal is for a detached accessory building to be used for storage. Ms. Hafer noted that the entrance to the house is on the north side. Ms. Hafer also noted that the existing garage cannot be used to store the pickup truck. The proposed garage would be used to park the pick-up truck, store bicycles, and other material. The accessory building’s architecture will match the existing house.
Doug Blackburn questioned if the accessory building could be moved further to the west to get it away from the setback. Ms. Hafer noted that moving the garage further to the west would block the entrance to the existing garage and thus the front door. Tim McKenna questioned the space between the proposed garage and the existing home/garage. Ms. Hafer was unsure of the distance. Mr. McKenna suggested that sufficient space seems to exist between the garage and the existing building so that the proposed garage could be moved closer to the house. Chairman Baugh noted that it appears that the garage location is close to the road. Mr. McKenna noted that the turnaround would be impacted if moved further to the west. Ms. Hafer noted that the existing driveway will be used for the proposed garage and that they would not want to back in and out from Sand Road. Mr. Blackburn questioned the garage doors. Ms. Hafer indicated that the garage door will be on the south side. Mr. Ziegler noted that it would be a side entrance versus directly off of Sand Road. Ms. Hafer indicated that was correct.
Kurt Dauterman was sworn in by Chairperson Baugh. Mr. Dauterman provided the Board with a certified copy of the County Auditor’s tax card, a copy of a Quick Claim Deed and photographs of Hafer’s existing house. Mr. Dauterman stated he has ownership of the parcel to the north and that Hafer’s existing garage is a separate structure. A breezeway disconnects the existing garage from the existing home. The existing garage is a separate building. As a result, with the construction of the proposed garage, the Hafer’s would exceed the accessory building limitation of 950 square feet. Mr. Dauterman also indicated that the location of the flags do not match the garage’s size as listed on the zoning application (26’ x 32’) nor are the flags five feet (5’) off the property line.
Mr. McKenna questioned if a survey was included. A survey was not included.
Chairman Baugh questioned Ms. Hafer if she has a survey. Ms. Hafer indicated that she does not have a survey at this time. She noted that a survey would be completed prior to construction to make sure the requirements are met.
Mr. Dauterman indicated that the accessory building would make their property be more like a tunnel looking back and that it would not improve the appearance of the Dauterman’s property. Mr. Dauterman noted that he would be okay with the structure being connected to the existing garage.
Chairman Baugh questioned the definition of an accessory building. Mr. Bickley read the definition of an accessory use/structure and a private garage. Mr. Bickley noted that the policy is that if the garage is connected to the house, the garage is not considered an accessory building.
Ms. Hafer commented that the garage is connected to the house by the roof and she explained how you enter the house from the garage.
Mr. Dauterman objected to the zoning inspector’s testimony concerning the office’s interpretation of an attached garage. Mr. Dauterman noted that a person would walk out of the garage and then enter the house. Mr. Dauterman noted that the property was purchased with the knowledge of the zoning regulations. Mr. Dauterman also noted that there is plenty of yard clearance to the south.
Chairman Baugh noted a concern with traffic clearance. Ms. Hafer noted that some trees and shrubbery would come down.
The Board discussed the distance from the proposed garage to the corner of the existing garage. Ms. Hafer indicated that the proposed location would allow for one (1) car to be parked between the proposed garage and the house. The distance is not known.
Mr. Bickley clarified that the variance request is forty-seven feet (47’), based on the existing accessory buildings in the area. The application was in error when it referred to twenty-seven feet (27’). Mr. Hafer is aware of the discrepancy.
Chairman Baugh commented that he is unclear with measurements and safety and additional information should be submitted. Ms. Hafer questioned what additional information is needed. Chairman Baugh indicated that the distance between the existing garage and the proposed garage needs to be identified. The property lines need to be clarified. Mr. Blackburn indicated that a property survey should be completed. Mr. McKenna also suggested consideration be made to determine if the garage could be moved to the west. Chairman Baugh questioned whether alternatives existed. Jack Ziegler noted that the drawing should be drawn to scale and Chairman Baugh noted that the building’s looks should be identified.
Doug Blackburn made a motion to table Case #331970 until the requested additional information is submitted for Board’s review. The motion was seconded by Jack Ziegler. All Board members voted in favor of the motion. Motion passed. Chairman Baugh did not vote.
Chairman Baugh noted that the next regularly scheduled meeting of the Board of Zoning Appeals is January 8, 2020 beginning at 6:00 P.M.
Case # 331971 – Craig & Andrea Trick
Sandra Erwin read the facts of the case. The applicants propose to construct an attached garage, covered porch, and an addition with a screened porch on property located at 3815 E. Club Boulevard and also known as Lots 82 & 83 of Catawba Orchard Beach Subdivision. The applicants are requesting the reduction of the front yard setback from thirty-five feet (35’) to thirteen feet (13’) and the reduction of the side yard setback from ten feet (10’) to five feet (5’). The property is zoned “R-3” Residential District.
Sandra Erwin read a letter from James B. Gideon, President of the Catawba Orchard Beach Subdivision which supported the variance requests of Craig & Andrea Trick.
No Board member had a conflict of interest.
Craig Trick was sworn in by Chairman Baugh. Mr. Trick explained that they have been property owners in Catawba Orchard Beach Subdivision for the last twenty-seven (27) years. They have purchased the next door property from his parents and they would like to make several upgrades, which require variances. The work will consist of a flat roof with the current deck maintaining a full view of the marina. The front porch will be covered and bumped out an additional two feet (2’) and will be thirteen feet (13’) off the right-of-way. The attached garage will be five feet (5’) off the property line.
Jack Ziegler questioned if the improvements will tie in with the existing deck. Mr. Trick indicated that it would.
Tim McKenna questioned the deck/screen in porch. Mr. Trick explained the improvements in that area to the Board. Mr. Trick noted that he is attempting to maintain an architectural theme, a tireless look with classic charm.
Bruce Yackee was sworn in by Chairman Baugh. Mr. Yackee noted that the front yard setback of thirty-five feet (35’) is being cut down to thirteen feet (13’) and that the other homes in the area, including his home, is thirty-five feet (35’). Mr. Yackee questioned if the screen porch is on the second floor. Mr. Trick indicated that it was on the second floor.
Mr. Trick noted that not all the homes in the area are setback thirty-five feet (35’) from the right-of-way. Mr. Trick explained that Mr. Yackee’s home may be thirty-five feet (35’) from the road but not the road right-of-way, which is the property line and where the front yard setback is measured. A County Auditor’s aerial photo was provided by Mr. Bickley which showed existing homes and the road right-of-way line.
Chairman Baugh closed 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 Items.
Tim McKenna made a motion to approve Case #331971. The motion was seconded by Jack Ziegler. All Board members voted in favor of the motion. Motion passed. Chairman Baugh did not vote.
Approval of Minutes – October 9, 2019
The meeting minutes from the November 13, 2019 meeting was mailed to each member. Tim McKenna moved to approve the November 13, 2019 meeting minutes. The motion was seconded by Jack Ziegler. Motion passed. Sandra Erwin abstained.
Other Business
No other business to conduct.
Adjournment
Jack Ziegler moved to adjourn the meeting. The motion was seconded by Sandra Erwin. The meeting was adjourned at 7:20 p.m.
Respectfully submitted,
______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary