Minutes: August 22nd, 2020

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

AUGUST 12, 2020
Attendees

Lloyd N. Lopez Linda Kae Lopez
Tony Salvatore Ben Parsons
Karen Appleman Scott Dombek
Ken Brown Micheline B. Farrow
Kathy Scheid Lynette Walby
Joe Walby Steve Frey
Didi Miller Cheryl Schraidt
Maureen Thayer-Funfgeld Erik Funfgeld
William Vondra Michael J. Shadoan
Phil Stively Isaac Stively

Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Jack Ziegler, Tim McKenna, Sandra Erwin, Doug Blackburn, and Alternates Brian Caldwell and Flint Heidlebaugh. Matt Montowski, Trustee and Todd Bickley, Zoning Inspector 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 #254870 Antonio Salvatore

Sandra Erwin read the facts of the case. The applicant is proposing the construction of an accessory building for the property located at 2720 E. Sand Road, and also known as Lot 7 of the Replat of Sand Road Subdivision and the rear 0.18 acres in Section 26 of Catawba Island Township. The applicant is requesting to exceed the height requirement of fifteen feet (15’) to twenty-seven feet (27’) and exceed the cumulative accessory building square footage total of 750 square feet to 2,000 square feet. Lot 7 is in the “R-2” Residential District and the 0.18 acre parcel is zoned “R-5” Residential District.

No Board member had a conflict.

Antonio Salvatore was sworn in by Chairman Baugh. Mr. Salvatore indicated that he would like to build a pole barn which would be situated on a concrete block foundation. The existing garage is too small and Mr. Salvatorre has lot of “toys” that would be stored in the building. The lot has sufficient area and the property value would increase. Mr. Salvatore noted that the pole barn will have a loft and a bathroom. The barn will be serviced by the sanitary sewer.

Tim McKenna questioned if the upstairs will have an apartment. Mr. Salvatore commented that the loft would have guest living space which would be available for his kids. Mr. Salvatore noted that the barn would be a “party barn.” The existing driveway will service the pole barn.

Jack Ziegler questioned if the loft is the reason for the height. Mr. Salvatore commented that yes, the loft and the boat to be stored in the pole barn are the reasons for the building height.

Mr. Salvatore reviewed the window and door locations.

Chairman Baugh questioned if the exterior will be sided. Mr. Salvatore noted that the exterior will be sided and will be similar to the existing home. The roof will not be metal, but black shingles.

Mr. Ziegler questioned the height of the house. Mr. Salvatore indicated that the house would probably be over twenty feet (20’).

Lloyd Lopez of 2783 Sand Road was sworn in by Chairman Baugh. Mr. Lopez questioned how long Mr. Salvatore has lived at 2720 Sand Road. Mr. Salvatore indicated that he bought the property in 2016. Mr. Lopez commented that he has lived at his residence since 1991. The proposed size and height would open the building up to a boat/car repair shop. The proposed building does not fit the neighborhood. The existing home may only be twenty feet (20’) in height and the pole barn would be bigger than the house. An approval would be setting a precedent.

Chairman Baugh commented that it would be unlikely that a repair shop would be allowed at this location. Concerning setting a precedent, Chairman Baugh indicated that decisions are based on the merits of the case and that an approval in this case would not necessarily mean it would determine future applications. Mr. Lopez stated that it is possible a second person could make a similar request.

Mr. Lopez questioned the driveway. Mr. Salvatore indicated that the pole barn would be serviced by the existing driveway, which may become concrete.

Mr. Lopez questioned if a compromise is possible – would a one-story building work. Mr. Salvatore indicated that he prefers a pole barn with the loft.

Ben Parsons of 2719 Sand Road was sworn in by Chairman Baugh. Mr. Parsons noted that he was concerned about a commercial activity, which is not allowed. Mr. Parsons indicated that he did not have a problem with the structure, but was concerned about a “party barn”. Mr. Salvatore noted that the police have never been called to his residence for any type of disturbance.

Mr. McKenna questioned the garage location because of the driveway. Will it line up with the house? Mr. Salvatore indicated that it will be placed at the same location of the existing garage, which will be torn down.

Mr. Lopez questioned if Mr. Salvatore would be acceptable to an amendment? Mr. Salvatore indicated that he does not want a change to the size and the height.

Mr. Ziegler questioned if the neighbor to the north has been contacted. Mr. Salvatore indicated that he rarely sees anyone at the house.

Mr. Lopez commented that it is the wrong building for the neighborhood.

Chairman Baugh closed discussion from the floor.

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

Tim McKenna made a motion to approve Case #254870 with the conditions that the building cannot be used for commercial purposes and the pole barn cannot be used as a rental property. The motion was seconded by Sandra Erwin. The motion was not approved with Tim McKenna and Sandra Erwin voting in the affirmative and Jack Ziegler, Doug Blackburn and Chairman Baugh voting against the motion. Jack Ziegler made a motion to deny the Case #254870. The motion was seconded by Doug Blackburn. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #254875 Karen Appleman

Chairman Baugh read through the meeting process.

Sandra Erwin read the case facts. The applicant is proposing the construction of an accessory building located at 1577 N. Pondersosa Drive, also known as Lots 13 & 14 of Shortridge & Son Subdivision. The applicant is requesting an area variance to exceed the cumulative accessory building square footage of 950 square feet to 1,640 square feet. The property is situated in the “A” Residential Low Density District.

No Board member had a conflict of interest.

Scott Dombok was sworn in by Chairman Baugh. Mr. Dombok explained that the family dynamic has changed. A step-son has physical issues and they have full custody of three (3) grandchildren. Additional storage is needed and the structure to be built will be 24’ x 40’.

Chairman Baugh questioned if the structure will have a second story. Mr. Dombok indicated that the structure will not have a second floor, will not have a living area and will not have plumbing. Chairman Baugh questioned if the building will be a metal building and what color is proposed. Mr. Dombok indicated that it will be a metal building and the color will be black.

Doug Blackburn questioned if the accessory building will be attached to any existing buildings. Due to trees, Mr. Dombok noted that the structure will not be attached to any other buildings.

Chairman Baugh closed discussion from the floor.

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

Jack Ziegler made a motion to approve Case #254875. The motion was seconded by Tim McKenna. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.

Case #254876 Joe Walby, POA for George Urban

Chairman Baugh read through the meeting process.

Sandra Erwin read the case facts. The applicant, Joe Walby, POA for George Urban, is proposing to remove the existing manufactured home and replace it with a new single family dwelling. The applicant is requesting an area variance to reduce the side yard setback (McCloy Road) from twenty-five feet (25’) to four feet (4’) and to reduce the rear yard setback from thirty-five feet (35’) to sixteen feet (16’). The property is located at 5608 E. Farrow Avenue, also known as Lot 13 of Harbor Park Marina, Inc. Plat 1 Subdivision. The property is zoned “R-4” Residential District.

No Board member had a conflict.

Joe Walby was sworn in by Chairman Baugh. Mr. Walby indicated that the existing manufactured home will be torn down and a new home will be built, which will have a porch. Mr. Walby reviewed the location of the proposed home on the lot.

Steve Frey was sworn in by Chairman Baugh. Mr. Frey commented that Joe has worked for him and indicated that Joe’s project will improve the value of the neighborhood.

Mr. Ziegler questioned the distance of the rear yard setback. The application states sixteen feet (16’), but when he stepped it off, Mr. Ziegler came up with twelve feet (12’). Mr. Blackburn noted that the larger drawing shows the setback at thirteen feet (13’). Mr. Walby commented that thirteen feet (13’) would be correct.

Mr. Blackburn questioned if the porch will be enclosed. Mr. Walby indicated that it would not. Chairman Baugh questioned if steps would be installed. Mr. Walby noted that a door for a fire escape may be installed on the west side. Mr. Bickley noted that side yard setback is five feet (5’) and the home will be ten feet (10’) off the west property line.

Chairman Baugh noted that the applicant has received approval from the Harbor Park Association.

Chairman Baugh closed discussion from the floor.

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

Doug Blackburn made a motion to approve Case #254876 with an amendment that the rear yard setback is changed from sixteen feet (16’) to thirteen feet (13’) and on the condition that the porch will not be enclosed. The motion was seconded by Jack Ziegler. The motion was approved with all members voting in the affirmative. Chairman Baugh did not vote.

Case #254881 Erik & Maureen Funfgeld

Chairman Baugh read through the meeting process.

Sandra Erwin read the case facts. The applicants are proposing to replace an existing single family dwelling with a new single family dwelling. The property is located at 2897 N. Perch Row and is also known as Lot 21 of Harbor Island Subdivision. The applicants are requesting an area variance to exceed the lot coverage requirement of 36% to 40.6%. The property is zoned “R-3” Residential District.

No Board member had a conflict.

Erik Funfgeld was sworn in by Chairman Baugh. Mr. Funfgeld indicated that a new house will be built with side yard setbacks of ten feet (10’). The lot is in a floodplain and the house will be moved forward a little bit. The deck will be made from a composite material.

Chairman Baugh questioned if the proposal has been approved by the HOA. Mr. Funfgeld indicated that the HOA has approved the plans.

Tim McKenna questioned if the house is coming out a little further. Bill Vondra was sworn in by Chairman Baugh. Mr. Vondra, who is an adjacent property owner, noted that the house is being relocated closer to the road; however, he has no problems with the proposed location.

Chairman Baugh closed the discussion from the floor.

The Board reviewed the Finding of Fact. The Board agreed with the applicant on all the Items by a 5 – 0 vote.

Tim McKenna made a motion to approved Case #254881. The motion was seconded by Sandra Erwin. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.

Other Business

Case #331998 Eugene Winchester

Sandra Erwin read the case facts. The applicants received approval for an area variance application to construct an attached garage at 3657 N. Ridge Road. The Board, which approved the application at its April 8th meeting, allowed for the reduction of the side yard setback from twenty-five feet (25’) to six feet (6’) and the rear yard setback from thirty-five feet (35’) to twenty-two feet (22’), and allowed the expansion of a non-conforming building from 20% to 54.7%. The applicant is proposing to “turn” the addition so that the side yard setback will be approximately three feet (3’) instead of six feet (6’) and the rear yard setback will be eighteen feet (18’) instead of twenty-two feet (22’).

No Board member had a conflict of interest.

Michael Shadoan, representing Eugene Winchester, indicated that the proposal would orient the attached garage 90 degrees from the original proposal. The new proposal would allow the property owner easier access from the house into the garage. Mr. Shodoan noted that there is sufficient radius without affecting the adjacent property.

Mr. Bickley noted that the Cliff’s Association has approved the modification.

Jack Ziegler made a motion to approve the modification as requested by Eugene Winchester for Case #331998. The motion was seconded by Doug Blackburn. Motion passed.

New Business

Case #254879 Phillip & Heidi Stively

The applicant was not in attendance. Tim McKenna made a motion to table Case #254879. The motion was seconded by Doug Blackburn. Motion passed.

The applicant Phillip Stively entered the meeting.

Tim McKenna made a motion to removed Case #254879 from the table. The motion was seconded by Doug Blackburn. Motion passed.

Chairman Baugh read through the meeting process.

Sandra Erwin read the case facts. The applicants are proposing the construction of an accessory building on property located at 3415 NW Catawba Road, also known as 0.64 acre parcel of land in Section 3, Lot 5 of Catawba Island Township. The applicants are requesting to exceed the building height requirement of fifteen feet (15’) to sixteen feet (16’) and exceed the cumulative accessory building square footage total of 750 square feet to 2,016 square feet. The property is located in the “R-2” Residential District.

No Board member had a conflict.

Phillip Stively was sworn in by Chairman Baugh. Mr. Stively indicated that he would like to build a storage building, which would eventually be turned into a single family dwelling. Chairman Buagh questioned if plumbing would be installed. Mr. Stively indicated that plumbing will be installed. Mr. McKenna questioned if the building will essentially be a house. Mr. Stively commented that the intent is to turn the storage building into a house.

Mr. Ziegler questioned if the siding will be metal. Mr. Stively noted that the siding will be metal.

The Board requested drawings. Mr. Stively left the drawings at home.

Tim McKenna made a motion to table Case #254879 to the September 9th regularly scheduled meeting and the applicant is to provide building drawings. The motion was seconded by Doug Blackburn. Motion passed.

Approval of Minutes – July 8, 2020

The meeting minutes from the July 8, 2020 meeting was mailed to each member. Jack Ziegler moved to approve the July 8, 2020 meeting minutes with the correction of Chris Graham to Craig Graham. The motion was seconded by Tim McKenna. Motion passed.

Adjournment

Doug Blackburn moved to adjourn the meeting. The motion was seconded by Tim McKenna. The meeting was adjourned at 7:24 p.m.

Respectfully submitted,


____________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary