MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
SEPTEMBER 8, 2021
Attendees
Joan Zavagno Windnagel Kenneth Cline
Rose Cline Peg Frankart
Tim Frankart Lee Short
Julie Dunham John Pekar
Ann T. Rumpf Chuck Dracka
Tepp Dunham John Dodge
Dan Zavagno Carl Linn
Tom Whitehead Brandon Wheeler
Doug Mocny Chris Hirt
Marlene DeLaat
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 Zeigler, Sandra Erwin, Tim McKenna, Doug Blackburn 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.
New Business
Case #155274 Carl & Nancy Linn
Sandra Erwin read the case facts. The applicants are proposing the expansion of an existing accessory building and are requesting an area variance to increase the building size to 1,622 square feet. The applicants received an area variance in 2014 to exceed the cumulative square footage total for accessory buildings from 950 square feet to 1,280 square feet. The proposed addition contains 342 square feet. The property is located at 5038 E. Water Street and is also known as Block 1, Lot 5 of Ottawa City & the west 60’ x 60’ of Lot 13 including the vacated alleys. The property is zoned “R-1” Residential District.
No board member had a conflict.
Carl Linn was sworn in by Chairman Baugh. Mr. Linn indicated that he would like a 9’ x 38’ addition to the west side of the existing accessory building.
Tim McKenna questioned if the building height will be lowered. Mr. Linn indicated that the addition will come off the existing eave, so a height variance is not required.
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 Items 1, 3, 4, 5, 6, and 7 and disagreed by a 3 – 2 vote on Item 2.
Tim McKenna made a motion to approve Case #155274 as submitted. The motion was seconded by Jack Zeigler. Motion was approved with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #155275 Brandon & Michelle Wheeler
Secretary Sandra Erwin read the case facts. The applicants are proposing porch & garage additions, and the placement of stone veneer on the front of the house. As the result of the stone veneer, the applicants are requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to 34.5’. The location is 5515 E. Bay Pointe Circle and is also known as Lot 3 of North Pointe Subdivision. The property is zoned “R-4” Residential District.
No board member had a conflict
Lee Short was sworn in by Chairman Baugh. Mr. Short, representing the applicants, indicated they are proposing a porch and single car addition, as well as renovating the front of the home by adding Catawba stone on the front of the garage. A drawing of the work was provided for the Board’s review. Mr. Short noted that Harold Roth, who reviews plans for the Association, indicated that an approval letter was not needed for a six inch (6”) variance.
Chairman Baugh closed discussion from the floor.
The Finding of Fact was reviewed by the Board. The Board agreed with the applicant on all seven (7) Items by a 5 – 0 vote.
Doug Blackburn made a motion to approve Case #155275 as submitted. The motion was seconded by Sandra Erwin and all Board members voted in the affirmative. Chairman Baugh did not vote.
Case #155276 Nancy Whitehead
Secretary Sandra Erwin read the case facts. The applicants are proposing to remove an existing cottage and rebuild a new cottage and are requesting an area variance to reduce the front yard setback from twelve feet (12’) to eight feet (8’), reduce the side yard setback from six feet (6’) to 3.1 feet, reduce the rear yard setback from twenty-five feet (25’) to 4.5’ and to exceed the lot coverage requirement from thirty-six percent (36%) to 52.8%. The property location is 5330 E. Starboard Drive, also known as Lot 4 of Johnson’s Landing Subdivision A. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Lee Short was sworn in by Chairman Baugh. Mr. Short, representing the applicants, indicated that the project will be a partial demolition and rebuild of two stories on the existing footprint. A drawing was provided to the Board. An entrance porch was identified and the project also includes a two (2) car garage. Mr. Short noted that the proposed porch roof will be deleted, as a result, the three (3) foot side yard variance was eliminated. The side yard setback will now be 6.1 feet. Mr. Short reviewed the project in relation to the existing buildings.
Kenneth Cline was sworn in by Chairman Baugh. Mr. Cline indicated that he questioned the reduced side yard. His house was damaged by a fire and that his concern was with the 3.1 foot side yard and losing view off the front porch. Mr. Short noted that the garage will be set back twenty-two feet (22’) from the front lot line and the side yard setback as proposed was on the other side. Mr. Cline had no objections.
Mr. Short indicated that the shed will be removed.
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 Items 1, 3, 4, 5 and 7; agreed with the applicant by a 3 – 2 vote on Items 2 and 6.
Tim McKenna made a motion to approve Case #155276 with the deletion of the side yard setback request. The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #155279 Timothy & Peggy Frankart
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing home and build a new home and are requesting an area variance to decrease the rear yard setback (Overlook Drive) from twenty-five feet (25’) to twelve feet (12’). The address is 1374 N. Overlook Drive and is also known as the west ½ of lot 65 and lots 66 & 67 of Orchard Beach Subdivision. The property is zone “R-3” Residential District.
Ms. Erwin noted that a revised drawing was submitted to the Board, showing that the setback off the road right-of-way changed from twelve feet (12’) to thirteen feet (13’). Ms. Erwin also read an email from the Jim Gideon, representing Orchard Beach Subdivision, approving the variance and revised plot plan.
No Board member had a conflict.
Timothy Frankart was sworn in by Chairman Baugh. Mr. Frankart indicated that the front and rear yard setback was changed. Todd Bickley noted that a lakefront property as the option of identifying the lake side as the front yard, which Mr. Frankart initially chose to do. Mr. Frankart is now identifying the lake side as the rear yard and Overlook Drive as the front yard. The rear yard setback is twenty-five feet (25’), which the proposed house meets, and the variance is now to reduce the front yard setback from thirty-five feet (35’) to thirteen feet (13’).
Mr. Frankart commented that the new home is not going any closer to the road and that it will be on the same footprint. Mr. Frankart noted that due to the ice, he has attempted to stay away from the lake. Overflow parking will be provided on the north side of the house and the back addition is centered within the building so that the house will not block neighboring views.
Tepp Dunham was sworn in by Chairman Baugh. Mr. Dunham commented that he is directly across the street, that the existing house is twelve feet from the road and that the new house will block part of his view. Mr. Dunham questioned if the applicant needs to be close to the road. Mr. Frankart noted that the attached garage is closest to the road and the rest of the house is set back an additional eight feet (8’). The home is going to the south so that additional parking can be provided to the north and he would prefer not to push the house back towards the water.
Joan Zavagno Windnagel was sworn in by Chairman Baugh. Ms. Zavagno Windnagel noted that a majority of the house would be eight feet (8’) back from the mark in the grass at the property site and she questioned the building envelop. Mr. Frankart commented that he did not want to negatively affect the neighbor views and he does not want to move the house. Ms. Zavagno Windnagel commented that the house is going from the current square footage of 3,100 to 6,000 square feet. Mr. Frankart indicated that the proposed house has 4,000 square feet with an attached garage. Ms. Zavagno Windnagle questioned the back room. Mr. Frankart indicated that it is a family room with a screen in porch. Mr. Frankart showed the site plan to Ms. Zavagno Windnagel and she expressed concern with the home being close to the road.
Charles Dracka was sworn in by Chairman Baugh. Mr. Dracka questioned how close the overflow parking will be to the north neighbor. Mr. Frankart indicated that the parking will be a couple of feet off the property line.
Julie Dunham was sworn in by Chairman Baugh. Ms. Dunham indicated that although her view will be altered, Mr. Frankart is a nice neighbor and he has a nice home.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 4 – 1 vote on Items 1, 3 and 6; agreed with the applicant by a 5 – 0 vote on Items 4, 5 and 7; and disagreed with the applicant by a 4 – 1 vote on Item 2.
Sandra Erwin made a motion to amend Case #155279 and approve a front yard variance from thirty-five feet (35’) to thirteen feet (13’). The motion was seconded by Tim McKenna. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #155221 Chad & Mary Gunerra
Mr. Bickley indicated that he has talked with the applicant who is working on acquiring the adjacent lot and questioning setback requirements. Case #155221 remained on the table.
Case #155255 The Village Group, Inc.
Tim McKenna made a motion to remove Case #155255 from the table. The motion was seconded by Jack Zeigler. Motion passed.
Secretary Sandra Erwin read the case facts. The applicant is proposing to remove an existing home and rebuild a new home on Lots 68 & 69 of Gem Beach Subdivision Plat 2. The address is 3130 N. Carolina. The applicant is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to sixteen feet (16’), the side yard setback (Plum Street side) from twenty-five feet (25’) to ten feet (10’), the rear yard setback from thirty-five feet (35’) to five feet (5’), and exceed the lot coverage requirement from thirty-nine percent (39%) to 42.6%. The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
Lee Short, representing the applicant, was sworn in by Chairman Baugh. Mr. Short noted that Doug Mocny of The Village Group is in attendance. Mr. Short noted that the applicant’s survey was incorrect and that the mag nails in the road identify the property line. Concerning drainage, Mr. Short indicated that the hard surface is slightly less than what is currently on the site. The downspouts will not go onto the roadways and the water will be kept on-site. The water will drain into the grassy areas and rain gardens will be utilized. Mr. Short indicated that he has met with the neighbors to discuss the drainage situation. Mr. Short also indicated that the garage will be shorten from twenty-four feet (24’) to twenty feet (20’) which will result in the rear of the proposed building to line up with the existing building. The rear yard setback increases from five feet (5’) to 7.2 feet. The setback off of Carolina remains the same.
John Pekar was sworn in by Chairman Baugh. Mr. Pekar questioned the distanced from Carolina. Mr. Short indicated sixteen feet (16’), which would line up with the adjacent structures.
Marlene DeLaat was sworn in by Chairman Baugh. Ms. DeLaat noted that her concern was with the water and parking. Mr. Short commented that the garage will be high enough so that the water will drain towards Peach and nothing more would go onto Marlene’s property.
Chris Hirt was sworn in by Chairman Baugh. Mr. Hirt noted that he would be willing to raise his property if necessary, at his own cost, to help alleviate the water issue. Mr. Short indicated that he will prepare a grading plan to help address the storm water issue.
Doug Mocny was sworn in by Chairman Baugh. Mr. Mocny noted that Mr. Short has addressed the drainage issue and he will work with the neighbors to properly address the drainage. Mr. Short indicated that with the neighbors financial assistance, the drainage issue can be properly addressed.
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 all seven (7) items.
Based on the letter from Lee Short dated August 20, 2021 addressing the survey accuracy and storm drainage, and altering the garage from twenty-four feet (24’) to twenty feet (20’), Jack Zeigler made a motion to approve Case #155255. Motion was seconded by Doug Blackburn. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #155256 The Village Group, Inc.
Jack Zeigler made a motion to removed Case #155256 from the table. The motion was seconded by Sandra Erwin. Motion passed,
Secretary Sandra Erwin read the case facts. The applicant is proposing to remove an existing home and rebuild a new home on Lots 78 & 79 of Gem Beach Subdivision Plat 2. The address is 3136 N. Carolina. The applicant is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to sixteen feet (16’), the side yard setback (Peach Street side) from twenty-five feet (25’) to ten feet (10’), the rear yard setback from thirty-five feet (35’) to five feet (5’), and exceed the lot coverage requirement from thirty-nine percent (39%) to 42.6%. The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
Noting that the request is similar to Case #155255, Tim McKenna made a motion to apply the Finding of Fact for Case #155255 to Case #155256. The motion was seconded by Jack Zeigler. Motion passed.
Doug Blackburn made a motion to approve Case #155256 with the garage reduced from twenty-four feet (24’) to twenty feet (20’) and the drainage issues being addressed as identified in the letter from Lee Short dated August 20, 2021. Motion was seconded by Tim McKenna. The motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – August 11, 2021
The meeting minutes from the August 11, 2021 meeting was mailed to each member. Tim McKenna moved to approve the August 11, 2021 meeting minutes. The motion was seconded Jack Zeigler. Motion passed.
Other Business
No other business to conduct.
Adjournment
Jack Zeigler 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