MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
OCTOBER 12, 2022
Attendees
Dick Taylor Brenda Taylor
Darrin Holman Linda Holman
Lee Short Jerome Sullivan
Patricia Zimmer Paul Zimmer
Chris Scott Deana Creswell
Kevin Trickel Mike Sheets
Robert Frank Marcy Frank
Gayle Richter Judy Smithers
Dennis Feltner
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 #157866 Jerome & Catherine Sullivan
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing home and construct a new single-family dwelling. The applicants are requesting an area variance to reduce the front yard setback from twenty-five feet (25’) to 10’ 4”, reduce the side yard setback from six feet (6’) to four feet (4’), reduce the side yard setback (off of N. D Street) from twenty-five feet (25’) to twenty-two feet (22’), reduce the rear yard setback from forty feet (40’) to three feet (3’), exceed the lot coverage requirement of thirty percent (30%) to 41.33%, and reduce the minimum floor area (excludes garages) for the first floor from 950 square feet to 448 square feet. The property is located at 5996 Poplar Street, also known as Lot 49 of Gem Beach 2 Subdivision. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Lee Short and Jerome Sullivan were sworn in by Chairman Baugh. Mr. Short indicated that the size of the lot is 60’ x 60’. Based on the lot location, the front yard setback cannot be averaged; however, the new home will still be behind the other homes in the neighborhood. The proposed home will have a smaller footprint than the existing home. The coverage reduces from forty-six percent (46%) to forty-one percent (41%). Mr. Short noted that a (2) car garage is situated on the first floor and two (2) additional spots are available off of “D” Street. Mr. Short commented that the existing cottage is a typical Gem Beach cottage – flat roof with a concrete foundation.
When reviewing options, it was a quick decision to tear down the existing cottage and starting over. Mr. Short noted that the sheds will also be removed. The drawing of the new cottage was reviewed by Mr. Short with the Board. The first floor will consist of a 2 car garage and a rec room with a bathroom. The home will be less than thirty-five (35’) feet in height.
Chairman Baugh commented that the new home would have a similar height with the home to the south. Mr. Short indicated that the house to the south is a little over thirty feet (30’).
Mr. Short provided to the Board sign-offs from several neighbors.
Mr. Heidlebaugh questioned drainage. Mr. Sullivan noted that the water runs down “D” Street to the harbor and also down Poplar to the lake.
Chairman Baugh noted the spiral staircase to the third floor. Mr. Short indicated that the staircase provides an additional egress for fire concerns.
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, 2, 3, 4, 5, and 7; and agreed by a 3 – 2 vote on Item 6.
Brian Caldwell made a motion to approve Case #157866 as submitted. The motion was seconded by Flint Heidlebaugh. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #157867 J. Richard & Brenda Taylor
Secretary Sandra Erwin read the case facts. The applicants propose an open porch cover attached to an existing garage and are requesting an area variance to reduce the rear yard setback from fifteen feet (15’) to seven feet (7’), reduce the side yard setback from five feet (5’) to 3.5’, and exceed the lot coverage requirement of thirty-six percent (36%) to 37.3%. The property is located at 5463 E. Channel Drive, also known as Lot 172 of Johnsons Landing Subdivision. The property is located in the “R-3” Residential District.
No Board member had a conflict.
Richard Taylor was sworn in by Chairman Baugh. Mr. Taylor indicated that they purchased the property a year ago and he noted that the porch cover would provide symmetry with the house, and provide shade and protection from the rain.
Chairman Baugh questioned the pole locations in relation to the field markings. Mr. Taylor stated that the roof extension would go eighteen inches (18”) beyond the poles.
Mr. Caldwell questioned the roof, which Mr. Taylor indicated would be metal.
Mr. Zeigler questioned if the roof extension would be enclosed. Mr. Taylor commented that the area will not be enclosed.
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 disagreed by a 4 – 1 vote on Item 6
Sandra Erwin made a motion to approve Case #157867 with the condition that the roof extension will never be enclosed. The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157870 Kevin Trickel
Secretary Sandra Erwin read the case facts. The applicant proposes the installation of a cover over an existing deck and is requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to nineteen feet (19’). The property is located at 5863 E. Eagle Drive, also known as Lot 121 of Harbor Estates Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Mike Sheets was sworn in by Chairman Baugh. Mr. Sheets explained that the project consists of installing an aluminum awning over the existing deck. The awning will be attached to the deck joists.
Chairman Baugh questioned the roof. Mr. Sheets indicated that the roof is a series of panels and it will not be enclosed
Ms. Erwin commented that the roof will be attached above the gutters. Mr. Sheets indicated that was correct. Mr. Sheets also noted that the entire deck will not be covered.
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 2, 3, 4, 5 and 7; and disagreed with the applicant by a 5 – 0 vote on Items 1 and 6.
Flint Heidlebaugh made a motion to approve Case #157870 with the condition that the deck will not be enclosed. The motion was seconded by Sandra Erwin. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157873 Paul & Patricia Zimmer
Secretary Sandra Erwin read the case facts. The applicants propose an accessory structure (non-navigational lighthouse) and are requesting an area variance to exceed the building height of fifteen feet (15’) to 32’ 4”. The property is located at 5256 E. Dane, also known as Lots 22 & 23 of Danevang Subdivision. The property is located in the “C-2” General Commercial District.
No Board member had a conflict.
Chairman Baugh read email correspondence from Tom Davis, Russell Lee and Ms. Jacin.
Dennis Feltner and Paul Zimmer were sworn in by Chairman Baugh. Mr. Feltner indicated that the applicants propose a non-navigational lighthouse. It will be lit, but not with a bright light or a beacon light. Mr. Feltner noted that he has reached out to the Coast Guard, but with no success. The lighthouse will have small red light and the top will match the lighthouse design. The lighthouse will not block the whole view of the basin and it will not be a residence. There will be an interior spiral staircase. The lighthouse will not be a bed & breakfast.
Mr. Feltner commented that the spiral staircase will be through the center of the lighthouse. Mr. Feltner believes that the lighthouse could be the pride of the neighborhood and that the height is similar to other structures in the harbor area.
Mr. Caldwell commented that an attempt was made to contact the Coast Guard and ask for permission. Mr. Feltner indicated that an attempt was made to determine whether there were going to be any issues with the Coast Guard and to coordinate its design if necessary. Mr. Zimmer noted that restrictions are on for the lake but not inland.
Mr. Heidlebaugh questioned the door to get to the spiral staircase. Mr. Feltner reviewed the drawings showing the lighthouse entrance and access to the staircase. Mr. Heidlebaugh questioned if the lighthouse is to be located within the fence area. Mr. Feltner commented that the lighthouse is within the fence and setbacks.
Ms. Erwin questioned if the light will be on a timing system? Will it be lit all night long? Mr. Zimmer indicated that the light will be on for one (1) minute at the top of the hour for each hour.
Mr. Zimmer stated that the lighthouse will be used as a tornado shelter for the neighborhood residents. Mr. Zimmer commented that the building is not a cheap structure.
Mr. Zeigler questioned if tabling the request would cause an issue with construction. Mr. Zimmer indicated that tabling the request would not be a problem.
Marcy Frank was sworn in by Chairman Baugh. Ms. Frank had heard that a lighthouse was being considered, but was not aware that it could be used as tornado shelter. Ms. Frank was concerned with the view being blocked. Ms. Frank was overwhelmed by the size and wished it was in front of the garage and not block the marina view. Ms. Erwin questioned where Ms. Frank’s home was located. Ms. Frank noted that her home was approximately midway on Dane Avenue. Chairman Baugh commented that views are considered by the Board, but it is not sole consideration. Other factors are considered.
Mr. Feltner noted that the lighthouse tapers as the height increases.
Chairman Baugh closed discussion from the floor.
Jack Zeigler made a motion to table Case #157873. The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Mr. Bickley indicated that the case will be discussed at the next Board meeting, which is scheduled for 6:00 p.m., Wednesday, November 9, 2022.
Old Business
Case #157854 SNEW Properties, LLC (Darrin Holman)
Secretary Sandra Erwin read the case facts. The applicants received an area variance for a garage addition to the existing dwelling which reduced the front yard setback from twenty-nine feet (29’) to 16’ 6” and exceeded the lot coverage requirement from thirty percent (30%) to 32.5%. The applicant is requesting a modification to increase the lot coverage requirement from 32.5% to thirty-five percent (35%).
No Board member had a conflict.
Darrin Holman and Linda Holman were sworn in by Chairman Baugh. Mrs. Holman explained that the garage addition was redesigned so that the five (5) foot side yard setback has been met. Mrs. Holman noted that the balcony was removed and will now have an overhang. Mr. Holman noted that the actual side yard setback is 5’ 6”.
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, 6 and 7 and agreed with the applicant by a 4 – 1 vote on Item 2.
Brian Caldwell made a motion to approve Case #157854, which increased the lot coverage requirement from 32.5% to thirty-five percent (35%). The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – September 14, 2022
The meeting minutes from the September 14, 2022 meeting was mailed to each member. Brian Caldwell moved to approve the September 14, 2022 meeting minutes. The motion was seconded by Flint Heidlebaugh. Motion passed.
Other Business
Concerning the Sand Road appeal, Mr. Bickley noted that the appeal was filed with the Ottawa County Common Pleas Court and the file was given to the County Prosecutor’s Office. There is no additional information at this time. Mr. Bickley also noted that the property owner proposes a boardwalk and fence within the marsh area, which is located along the rear of the adjacent property owners.
Adjournment
Sandra Erwin moved to adjourn the meeting. The motion was seconded by Jack Zeigler. The meeting was adjourned at 7:16 p.m.
Respectfully submitted,
____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary