Minutes: July 13th, 2022


JULY 13, 2022


Daniel Andreasen Susan Stickland
Rick Stickland Lauren Stickland
Wood Holbrook Thomas Harpster
Tom Glaze Lisa Kline
Kent Kline Didi Miller
Kathleen Pfeifer

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, Brian Caldwell and Alternates Flint Heidlebaugh and Rebecca Jessen. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were 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 none.

New Business

Case #157806 Richard & Susan Stickland

Secretary Sandra Erwin read the case facts. The applicants propose the installation of an in-ground pool and are requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to thirteen feet (13’) and the elimination of the fence in lieu of a hard cover. The property location is 3063 N. Hatterus, also known as Lot 6 of Catawba Place Subdivision. The property is located in the “R-2” Residential District.

Secretary Erwin read a letter of opposition from Kenneth & Jane Stumbaugh, 3030 N. Seaway Drive.

Jack Zeigler had a conflict and he was replaced by Alternate Rebecca Jessen.

Lauren Stickland was sworn in by Chairman Baugh. Ms. Stickland introduced herself as the daughter of the applicants and she noted that the variance is to decrease the required distance from the rear property line. Ms. Stickland noted that the Catawba Place Subdivision HOA does not allow fences; however, an in-ground swimming pool is the exception. As a result, the applicants will install a fence and are no longer requesting a hard cover in lieu of a fence.

Richard Stickland was sworn in by Chairman Baugh.

Jack Zeigler, a HOA Board member, noted that the HOA approved the swimming pool with a fence.
Flint Heidlebaugh commented on the concrete to the north. Mr. Stickland provided a drawing illustrating the pool and concrete location. Rebecca Jessen commented that the concrete will be three feet (3’) off the pool’s east side, which would put the pool with the concrete ten feet (10’) off the rear lot line. Ms. Jessen also noted that a fence would then be placed adjacent to the concrete.

Mr. Heidlebaugh questioned the pool’s depth. Mr. Stickland indicated that the depth would be five feet (5’).

Chairman Baugh questioned the mechanical equipment. Mr. Stickland noted that the mechanical equipment would be located near the homes a/c unit. Ms. Jessen commented that that pool equipment would be stored in the garage. Mr. Stickland stated that the garage would most likely be used for storage of the pool equipment.

Ms. Jessen commented that the property was purchased with the HOA requirement that fences are not allowed. Mr. Zeigler indicated that the fence exception is with a pool.

Kent Kline was sworn in by Chairman Baugh. Mr. Kline questioned if the rear yard variance would be the “new” setback for the lot. Chairman Baugh noted that if approved, the variance would apply only to the pool. If the property owner proposes an addition, the twenty-five (25) foot setback would apply. Mr. Kline noted that his only concern was with how close the pool will be to the property line. Mr. Kline indicated that he has discussed landscaping with Mr. Stickland. Chairman Baugh commented if approved, the Board can place conditions on the application. Discussion followed on the landscaping.

Mr. Heidlebaugh questioned if sufficient room is available for the construction equipment to get to the site. Mr. Stickland commented that the equipment will be able to get around the house to the back of the lot.

Chairman Baugh closed the 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, 4, and 7; by a 3 – 2 vote on Item 3; and by a 4 – 1 vote on Item 5. The Board disagreed with the applicant by a vote of 5 – 0 on Items 2 and 6.

Rebecca Jessen made a motion to approve Case #157806 subject to the installation of a fence that locks and landscaping screening of at least five feet (5’) in height from one (1) year of construction. The motion was seconded by Brian Caldwell. The motion passed by a 3 – 1 vote. Voting in the affirmative were Brian Caldwell, Sandra Erwin and Rebecca Jessen. Voting against the motion was Flint Heidlebaugh. Chairman Baugh did not vote.

New Business

Case #157810 Dan & Katherine Andreasen

Secretary Sandra Erwin read the case facts. The applicants are proposing an accessory building and are requesting an area variance to reduce the side yard setback from five feet (5’) to two feet (2’) and to reduce the rear yard setback from five feet (5’) to zero feet (0’). The property location is 5407 Greenview Drive, also known as Lot 12 of Greenview Allotment. The property is zoned “C-4” Recreational Commercial District.

No Board member had a conflict.

Dan Andreasen was sworn in by Chairman Baugh. Mr. Andreasen indicated that the shed will be used for storage and that the neighbor to the west received a similar variance. The proposed location allows for more room from the house and will get the shed away from the trees.

Chairman Baugh questioned how it will be built. Mr. Andreasen noted that the shed will be built on site with wood construction on concrete with siding.

Chairman Baugh questioned the size of the current shed. Mr. Andreasen noted the existing shed is 8’ x 10’ and the proposed shed is 16’ x 34’.

Flint Heidlebaugh questioned the door location. Mr. Andreasen indicated that door will most likely be on the west side.

Jack Zeigler questioned if the building could be turned (sideways), as a result, the building would be five feet (5’) from the lot line. Mr. Andreasen commented that the building would then be close to the tree roots. Mr. Heidlebaugh commented that he does not like a setback of zero feet and he questioned if the shed could be moved two feet (2’) towards the house. Mr. Andreasen noted that the building on the lot to the west is right on the line; however, he is willing to go to two feet (2’) if necessary.

Mr. Andresen commented that he has a signed statement from the north property owners indicating that they are okay with the variance application.

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

Brian Caldwell made a motion to approve Case #157810 with the rear yard setback amended from zero feet (0’) to two feet (2’). The motion was seconded by Flint Heidlebaugh. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.

Other Business

Kathleen Pfeifer introduced herself and indicated she was unable to attend last month’s meeting when her application was denied by the Board. Chairman Baugh noted that although not required, the Board strongly recommends that applicants be in attendance. Chairman Baugh also noted that the Board cannot reconsider the application and that a new application will need to be filed. Todd Bickley indicated that the $250 fee would be required with a new application.

Ms. Pfeifer explained that a trailer currently sits on the property and that the lot did not have any back outdoor space. A large tree, which blocked neighbor’s views, was removed and it was decided to put in an outdoor area, which consisted of a deck. Ms. Pfeifer stated that she was not aware of setback requirements and the deck was installed over the winter months. Ms. Pfeifer had a conversation with the street trustee who suggested that she needed a permit. Ms. Pfeifer talked with Wood Holbrook and Todd Bickley and submitted a variance application requesting a variance from twenty-five feet (25’) to thirteen feet (13’). Approval was obtained from the Association and Ms. Pfeifer apologized for not be able to attend last month’s meeting.

Ms. Pfeifer’s fiancé (Brent) indicated that he lined the deck up with the neighbors buildings.

Didi Miller noted that the neighbors of either side of the Ms. Pfeifer’s property are in agreement with the variance. Wood Holbrook commented that the Association approves decks when they stay in line with other buildings and that Ms. Pfeifer’s deck is in line. Discussion followed.

Jack Zeigler questioned if a building permit for the deck was obtained. Brent indicated that a building permit was not obtained. Mr. Zeigler noted that if an application was submitted to the Building Department, you would have been advised that a zoning permit was necessary. Mr. Zeigler also noted that the drawing submitted with the application was insufficient.

Sandra Erwin commented that the neighbors were not in attendance and recommended that notarized letters of support be submitted to the Board.

Chairman Baugh thanked Ms. Pfeifer for her meeting with the Board.

Approval of Minutes – June 8, 2022

The meeting minutes from the June 8, 2022 meeting was mailed to each member. Jack Zeigler moved to approve the June 8, 2022 meeting minutes. The motion was seconded Brian Caldwell. Motion passed.


Brian Caldwell moved to adjourn the meeting. The motion was seconded Jack Zeigler. The meeting was adjourned at 7:14 p.m.

Respectfully submitted,

___________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary