MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
DECEMBER 14, 2022
Attendees
John Rogers Susan Rogers
Mark Devine William Bishop
Jackie Devine John Monroe
Lee Short Michael Wellman
Don Kizys Nick Perrico
Karen Wise Michelle Kokinda
Dave Perkowski Bryan Bishop
Quintin Smith
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, Doug Blackburn, 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 #157899 2766 E. Sand Road, LLC
Secretary Sandra Erwin read the case facts. The applicant is rebuilding the south cottage on property located at 2766 E. Sand Road and is requesting an area variance to reduce the side yard setback from ten feet (10’) to five feet (5’). The address of the south cottage is 2760 E. Sand Road. The property is zoned “R-3” Residential District.
No Board member had a conflict.
David Perkowski, John Monroe and Michael Wellman were sworn in by Chairman Baugh.
Mr. Wellman read the paragraph that was submitted with the application concerning what “A variance would allow”.
Ms. Erwin questioned the location of the stairs. Mr. Wellman indicated that the stairs will be on the cottage’s north end.
Mr. Monroe stated that an area variance has a lesser standard to be met, that being practicable difficulties. Mr. Monroe noted that the second floor addition was permitted for a nonconforming building and that the physical footprint has not changed. There was a quality issue with the foundation resulting in rebuilding the cottage. Mr. Monroe commented that the applicant has done what was required. Mr. Monroe further stated that the when the Duncan test is considered, the applicant meets the practicable difficulties standards and the application is reasonable relief.
Karen Wise was sworn in by Chairman Bryan Baugh. Ms. Wise questioned with the second floor addition, will it be one or two units. Mr. Perkowski indicated that there were previously four (4) units and the proposal is to continue with four (4) units. The total number of units remained the same.
John Rodgers was sworn in by Chairman Baugh. Mr. Rodgers commented that the foundation is approximately four feet (4’) in height versus two feet (2’), the existing structure was removed to the ground and now the rebuild needs to conform to ten feet (10’), and that the applicant poured the foundation after he received the stop work order. Mr. Rodgers also noted that the cottage will be nearly thirty-five feet (35’) in height.
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 4 and 5; agreed with the applicant by a 4 – 1 vote on Item 1; agreed with the applicant by a 3 – 2 vote on Item 2; disagreed with the applicant by a 4 – 1 vote on Items 3 and 6; and disagreed by a 3 – 2 vote on Item 7.
Doug Blackburn made a motion to approve Case #157899. Motion died for a lack of a second.
Brian Caldwell made a motion to deny Case #157899. The motion was seconded by Jack Zeigler. Motion passed by a 3 – 1 vote with Brian Caldwell, Jack Zeigler, and Sandra Erwin voting in the affirmative and Doug Blackburn voting against the motion. Chairman Baugh did not vote.
Mr. Monroe stated that Roberts Rule of Law requires a positive motion to be made.
Doug Blackburn made a motion to approve Case #157899. The motion was seconded by Jack Zeigler. The motion failed by a 3 – 1 vote with Brian Caldwell, Jack Zeigler, and Sandra Erwin voting against the motion and Doug Blackburn voting for the motion. Chairman Baugh did not vote.
Case #157902 Nicholas R. Perrico, Sr.
Secretary Sandra Erwin read the case facts. The applicant proposes the construction of a garage addition and covered porch and is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to four feet (4’) off the edge of the road right-of-way and twenty-one feet (21’) off the road pavement. The property is located at 4690 E. Johnson Avenue, also known as Lot 4 of Bibi’s Subdivision. The property is located in the “C-4” Recreational Commercial District.
No Board member had a conflict.
Nicholas Perrico was sworn in by Chairman Baugh. Mr. Perrico indicated that he would like to add a garage and attach it to the cabin. Mr. Perrico noted that with the covered porch to the back of the house, the neighbor’s sight line views will not be negatively affected. The addition contains 1,044 square feet and is twenty-five feet (25’) in height.
Chairman Baugh questioned the lift station at the NW corner of the property and whether contact has been made with the Ottawa County Sanitary Engineer’s Office. Mr. Perrico commented that he has not made contact with the Sanitary Engineer’s Office and it was Mr. Perrico’s opinion that the addition will not impede with the lift station. Chairman Baugh indicated that the Sanitary Engineer’s Office should be contacted.
Doug Blackburn questioned if the addition will only be for garage purposes. Mr. Perrico stated that the second floor will be living space. Mr. Blackburn questioned if the shed will stay and Mr. Perrico indicated that it would.
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 7 Items.
Sandra Erwin made a motion to approve Case #157902. The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157905 Thomas & Cynthia Sustersic
Secretary Sandra Erwin read the case facts. The applicants propose the construction of a two story addition, front porch and the renovation of the existing residence. The applicants are requesting an area variance to reduce the front yard setback from ten feet (10’) to six feet (6’), reduce the rear yard setback from twenty-five feet (25’) to 6’ 4”, and exceed the lot coverage requirement of thirty-six percent (36%) to forty-four percent (44%). The property is located at 5763 E. Woodland Drive, also known as Lot 11 of White City Beach Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Don Kiszy was sworn in by Chairman Baugh. Mr. Kiszy indicated that Tom was ill and unable to make the meeting. Mr. Kiszy commented that the Sustersic’s have own the property for thirty-five (35) years and the addition is needed for the five (5) grandchildren. A staircase will be situated within the addition.
Chairman Baugh questioned the front porch. Mr. Kiszy stated that a gable roof will be extended over the porch.
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 and agreed with the applicant by a 4 – 1 vote on Item 2.
Jack Zeigler made a motion to approve Case #157905. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157906 Mark & Jacqueline Devine
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing home (garage will remain) and are requesting an area variance to reduce the front yard setback from twenty-five feet (25’) to eighteen feet (18’), reduce the side yard setback from ten feet (10’) to 2.5’, reduce the side yard setback (Port Drive side) from twenty-five feet (25’) to nineteen feet (19’), reduce the rear yard setback from fifty feet (50’) to fourteen feet (14’), and exceed the lot coverage requirement of thirty percent (30%) to 34.7%. The property is located at 5555 Eastview Lane, also known as Lots 17 & 18 of Eastview Subdivision. The property is located in the “A” Residential Low Density District.
No Board member had a conflict.
Lee Short was sworn in by Chairman Baugh. Mr. Short noted that the house has been moved towards Eastview Lane and the setback off of Mabel went from ten feet (10’) to fourteen feet (14’). Mr. Short reviewed the drawing and identified the necessary variances. Mr. Short commented that the footprint does not change, just shifting the location and attempted to meet what the setbacks are on the north side of Mabel.
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 #157906 as submitted. The motion was seconded by Sandy Erwin. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #157893 Quintin Smith
Jack Zeigler made a motion to remove Case #157893 from the table. The motion was seconded by Sandy Erwin. Motion passed.
Secretary Sandra Erwin read the case facts. The applicant has submitted an application for a conditional use for property located at 478 NE Catawba Road, consisting of Lots 1, 2 and 11 of L.C. Heights Allotment and a 0.35 acre parcel of land in Section 25 of Catawba Island Township. The property is zoned “C-1” Neighborhood Commercial District. The applicant proposes a boutique hotel.
No Board member had a conflict.
Chairman Baugh swore in Quintin Smith. Chairman Baugh noted that the Board did not have enough information to take action at last month’s meeting. Mr. Smith provided the Board with a handout that showed what was being proposed back in 2019 when the property was rezoned to the “C-1” District. Included with the handout was a copy of the minutes from the trustees meeting concerning the proposed hotel. A photo of the proposed view from the hotel location was included with the handout. Also, included was two (2) location options based on the setback requirements along with the area set aside for parking.
Mr. Blackburn questioned the existing driveway off of SR 53. Mr. Smith indicated that access into the hotel would be off of Wine Cellar Road. Ms. Erwin questioned deliveries. Mr. Smith indicated off of Wine Cellar Road. Chairman Baugh questioned if the driveway will remain. Mr. Smith indicated that driveway will stay. Mr. Blackburn commented that traffic could be prevented from using the driveway. Mr. Smith noted that the driveway will not be a shortcut.
Chairman Baugh questioned the hotel size. Mr. Smith indicated that there would be between twenty (20) to forty (40) rooms. Chairman Baugh noted that the location is perfect, but still somewhat vague. Mr. Smith indicated that he is still working with the architect on a design. Chairman Baugh commented that the concern is with safety and traffic pattern.
Mr. Blackburn questioned if the house is coming down. Mr. Smith indicated that the house will be removed.
Flint Heidelbaugh expressed concern with traffic, if for example, someone drives past Wine Cellar Road and must turn around. Mr. Smith commented that the situation exists now for someone who drives past Wine Cellar Road.
Rebecca Jessen commented that her concern is with traffic and the secondary driveway and would it be compatible if it were not used. Mr. Smith noted that existing driveway is for the vineyard and his tractor is about the only vehicle that uses it.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact and agreed with the applicant by a 5 – 0 vote on all eleven (11) items
Doug Blackburn made a motion to approve the conditional use application on the condition that the setbacks, parking and all other zoning requirements are met; and that a zoning certificate application be submitted to the Zoning Inspector prior to start of construction. The motion was seconded by Sandra Erwin. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – November 9, 2022
The meeting minutes from the November 9, 2022 meeting was mailed to each member. Doug Blackburn moved to approve the November 9, 2022 meeting minutes. The motion was seconded by Jack Zeigler. Motion passed.
Other Business
No other business to conduct
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Brian Caldwell. The meeting was adjourned at 7:14 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary