Minutes: February 12th, 2020

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

FEBRUARY 12, 2020

Attendees

Charles L. Hoy Eugene Gus
Barbara Gus William Rofkar
Phillip Bolte

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, 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.

Due to the weather forecast, the Board agreed to place Case #331987 first on the Agenda.

New Business

Case #331987 – Charles Hoy

Todd Bickley read the facts of the case. The applicant has acquired the property at 5860 Cedar Lane, also known as Lot 71 of Gem Beach Subdivision #4. The applicant proposes to raze the existing home and build a new single family dwelling, and as a result, the applicant is requesting the reduction of the rear yard setback from thirty-five feet (35’) to 7.05 feet. The property is zoned “C-4” Recreational Commercial District.

No Board member had a conflict of interest.

Charles Hoy was sworn in by Chairman Baugh. Mr. Hoy indicated that he had bought 5863 Cedar Lane, the home was removed and a new home was built. Two sons alternate using the home. 5860 Cedar Lane was recently bought so that both sons could be at the properties at the same time. Mr. Hoy noted that the existing home is not in good shape, the wood is beginning to rot and the home has electrical issues. Consequently, the intent is to tear the home down and build a two story dwelling.

Chairman Baugh questioned if the home would be in the same building envelope. Mr. Hoy indicated that it would.

Brian Caldwell questioned the front porch. The porch on the Schumacher Home drawing is different than what was shown on the zoning application. Mr. Hoy stated that the porch on the application is correct, that it will be five feet (5’) and the opening will be off the driveway.

Chairman Baugh questioned if it will be an open porch. Mr. Hoy indicated that it will be an open porch; however, the porch may eventually be screened.
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 – 0 vote on all seven (7) items.

Brian Caldwell made a motion to approve Case #331987. The motion was seconded by Doug Blackburn. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #331984 – Mark & Linda Sprenger

Todd Bickley read the case facts. The applicants propose a new single family dwelling and are requesting an area variance to reduce the front yard setback from forty feet (40’) to 23’6”. The location is 1886 N. Carriage Lane and is also known as Lots 5 & 6 of Colony Club Estates Subdivision. The property is zoned “R-1” Residential District.

No Board member had a conflict of interest.

Phillip Bolte was sworn in by Chairman Baugh. Mr. Bolte indicated that the applicants propose a single family home and the location of the home off the road right-of-way will be similar to the other homes in the neighborhood. The drawing was reviewed by the Board. Mr. Bolte noted that a garage will be attached in the front of the house and a garage will be attached by a breezeway.

Mr. Bickley indicated that he did receive a call from the neighbor to the north. Mr. Bickley informed the neighbor that the home will be approximately fifty feet (50’) from the side property line. The neighbor did not have an issue with the house location.

Mr. Bickley also noted that the property is in the 100 year flood plain. Keeping a reasonable distance from Lake Erie may help during flooding events.

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 – 0 vote on Items 2, 3, 4 and 7; disagreed with the applicant by 2 – 1 vote on Items 1 and 6; and disagreed with the applicant by a 3 – 0 vote on Item 5.

Doug Blackburn made a motion to approve Case #331984. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #331985 – William J. Rofkar

Todd Bickley read the case facts. The applicant is proposing a garage addition and is requesting the reduction of the side yard setback from eight feet (8’) to seven feet (7’) and to exceed the nonconforming building expansion limitation of twenty percent (20%) to forty-two percent (42%). The property location is Section 3, Lot 5 of Catawba Island Township at 3495 NW Catawba Road. The property is zoned “A” Residential Low Density District.

No Board member had a conflict of interest.

William Rofkar was sworn in by Chairman Baugh. Mr. Rofkar explained the history of the property. The house was built by Mr. Rofkar’s great grandparents in 1889 and purchased by his parents around 1960. Improvements are being made to the home. An easement exists on the property to the north for access to the barn. Mr. Rofkar indicated that his daughter would purchase the property. The parcel has seventy-five feet (75’) of frontage. Mr. Rofkar noted that he owns the property to the south and the barn in the back would not go with the house parcel.

Brian Caldwell questioned if the driveway to the south will be used for the garage addition. Mr. Rofkar indicated that was correct and the need for the easement on the north side of the property would not be needed.

Doug Blackburn commented that the property is in the Rofkar family.

Chairman Baugh closed discussion from the floor.

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

Doug Blackburn made a motion to approve Case #331985. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #331986 – William J. Rofkar

Todd Bickley read the case facts. The applicant is proposing a lot split and is requesting the reduction of the minimum lot width from 125 feet to 75 feet and the reduction of lot area from one (1) acre to 0.380 acres. The property is located at 3495 NW Catawba Road in Section 3, Lot 5 of Catawba Island Township. The property is zoned “A” Residential Low Density District.

No Board member had a conflict of interest.

William Rofkar was sworn in by Chairman Baugh. Mr. Rofkar indicated that the house parcel will be split off from the twelve (12) acre parcel and as a result, a variance to reduce the lot width and lot area needs to be obtained.

Chairman Baugh commented that he was confused with the application. Mr. Rofkar reviewed the proposed split with the Board. Mr. Rofkar showed the location of the existing structures and where the new rear lot line will be located. Mr. Rofkar noted that the barn will remain with the farm.

Chairman Baugh closed discussion from the floor.

The Finding of Facts was reviewed by the Board. The Board agreed with the applicant by a 3 – 0 vote on Items 1 through 6 and disagreed with the applicant by a 3 – 0 vote on Item 7.

Brian Caldwell made a motion to approve Case #331986. The motion was seconded by Doug Blackburn. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #331996 – Eugene & Barbara Gus

Todd Bickley read the case facts. The applicants are proposing a garage addition and they are requesting an area variance to exceed the cumulative square footage for accessory buildings from 950 square feet to 1,558 square feet. The property is located at 4294 Konker Road and is also known as Lot 6 of Konker Heights Subdivision A and Lot 8 of Konker Heights Subdivision B. The property is zoned “A” Residential Low Density District.

No Board member had a conflict of interest.

Eugene Gus and Barbara Gus were sworn in by Chairman Baugh. Mrs. Gus explained that the addition will be 12’ x 24’ to the front of the garage. Wood and lawn equipment would be stored in the addition.

Brian Caldwell noted that the existing garage exceeds 950 square feet and he questioned if a variance was previously issued. Mr. Bickley noted that a zoning permit was obtained for the garage; however, the maximum square footage requirement for accessory buildings was not in place at that time.

Doug Blackburn noted that the existing building is a big building. Mr. Gus indicated that the existing building is full and that the addition is needed for the lawn equipment.

Mr. Caldwell questioned if the property was used year round. Mrs. Gus indicated that the property is the year round residence. Mr. Caldwell questioned if the addition will be for the storage of wood or lawn equipment. Mr. Gus indicated both.

Mrs. Gus commented that they have kept the property looking nice, the grass is mowed and weeds are non-existent. The Board agreed.

Chairman Baugh closed discussion from the floor.

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

Doug Blackburn made a motion to approve Case #331996. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – January 8, 2020

The meeting minutes from the January 8, 2020 meeting was mailed to each member. Doug Blackburn moved to approve the January 8, 2020 meeting minutes. The motion was seconded by Brian Caldwell. Motion passed.

Other Business

Todd Bickley indicated that he was recently informed by the Ottawa County Prosecutor’s Office that the Common Pleas Court decision concerning the Miller Boat Line Use Variance Application was appealed by Jeff Jadwisiak to the Court of Appeals.

Adjournment

Doug Blackburn moved to adjourn the meeting. The motion was seconded by Brian Caldwell. The meeting was adjourned at 6:53 p.m.

Respectfully submitted,


______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary