MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JUNE 12, 2024
Attendees
Michael Gero Heather McCurdy
Jerry Stidham Matt Wojtowicz
Lee Short Jeff Johns
Mary Johns Carolyn Nitz
William Stephenson Dolly Kresge
Gary Kresge Joe Mlynek
Kathleen Trivra Laura Hrusovsky
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Brian Caldwell, Rebecca Dubber, Bill Baker, Doug Blackburn and Alternates Flint Heidlebaugh and Michael Schenk. Todd Bickley, Zoning Inspector/Secretary 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.
Old Business
Case #158897 Resurrection Lutheran Church
Rebecca Dubber made a motion to remove Case #158897 from the table. The motion was seconded by Brian Caldwell and it passed.
No Board member had a conflict.
Jeff Johns was sworn in by Chairman Baugh. Mr. Johns noted that the Board requested locations of similar signs and five (5) signs were provided: two (2) in Lorain, at Willard High School and the behind the Kroger’s store in Port Clinton. Mr. Johns indicated that the sign company is able to provide the church with a sign that does not include the software for scrolling and flashing. Mr. Johns stated information provided to the Board included a synopsis of three (3) studies that reviewed distraction and the studies found no correlation between accidents and signage. Links to the studies were available.
Chairman Baugh questioned whether it can be guaranteed that there would never be scrolling and flashing. Mr. Johns indicated that the church would agree to it in writing.
Doug Blackburn questioned the number of times changes would be made. Mr. Johns noted that the image is static with no movement.
Rebecca Dubber questioned if both sides of the sign have the same message. Mr. Johns was unsure.
Chairman Baugh closed discussion from the floor.
Mr. Baker commented that he was concerned with precedent. He felt that both Mr. Johns and the church are top notch, but that LED signs were not appropriate for the township.
Mr. Blackburn noted that the gas station prices are LED.
Ms. Dubber commented that she drove past the signs provided by the applicant and she agreed with Mr. Baker that the signs will change the nature and character of the township.
Mike Schenk noted the flashing/scrolling church sign on SR 163. Mr. Schenk commented that things are changing and this type of sign is easier for the church members.
Mr. Johns commented that the church has obtained a letter from legal counsel indicating that this type of sign is permitted and that the church is not asking for something that is out of the ordinary. Mr. Johns noted that there is a difference between a church and commercial/industrial uses. Discussion followed.
Mr. Bickley noted that the zoning inspector could review the regulations and suggest possible text amendments for the township to consider. Mr. Bickley noted that although a text amendment could be initiated, it does not mean that the trustees would support a change. Chairman Baugh questioned the timeframe and Mr. Bickley reviewed the process. Mr. Johns commented that the church would be agreeable to tabling the application at this time.
Mr. Blackburn noted that each case is reviewed on its own merits.
Carolyn Nitz was sworn in by Chairman Baugh. Ms. Nitz noted that LED signs are currently in use at the gas station.
Bill Baker made a motion to table the application and have the zoning inspector review possible text changes. The motion was seconded by Doug Blackburn. Motion passed.
New Business
Case #158905 Matthew Wojtowicz
Todd Bickley read the case facts. The applicant proposes to install an accessory building and is requesting an area variance to exceed the cumulative square footage total of accessory buildings from 750 square feet to 960 square feet. The property is located at 5535 E. Foxhaven Drive and is also known as Lot 11 of Foxhaven Subdivision. The property is zoned “R-2” Residential.
No board member had a conflict.
Matthew Wojtowicz was sworn in by Chairman Baugh. Mr. Wojtowicz indicated that he would like to install a 24’ x 32’ pole building, which includes a 6’ lean to. It is a metal building and Attica Lumber will build/install the building. Mr. Wojtowicz noted the roof will be blue with white siding, and the building will have gutters. The building would be situated in the northwest corner of the lot and the front of the building would face east and the lean to would be on the south side. Mr. Wojtowicz commented that Foxhaven’s main drive is to the north of the lot.
Ms. Dubber questioned access and Mr. Wojtowicz indicated that a driveway would be installed on the east side of the lot. Ms. Dubber commented that the accessory structure is a large building. Mr. Wojtowicz noted that his truck would use the driveway and that the building would be used for storage.
Chairman Baugh questioned the size of the neighbor’s accessory building. Mr. Wojtowicz indicated the neighbor’s building is 24’ x 30’.
Mr. Baker reported that his brother is in favor of 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 all seven (7) Items.
Rebecca Dubber moved to approve Case #158905 as submitted. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #158909 Joseph Mylnek
Todd Bickley read the case facts. The applicant proposes a house addition and is requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to 25’ 4”. The property is located at 4121 N. Grove Drive, also known as Lots 20, 21, and 22 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential. Mr. Bickley noted that the applicant received a rear yard setback in 2017 for an addition.
No Board member had a conflict.
Joseph Mylnek was sworn in by Chairman Baugh. Mr. Mylnek indicated that he is proposing an addition containing approximately 1,500 square feet and the variance is for approximately 460 square feet. Mr. Mylnek commented that he is merging a third lot with the two (2) house lots. Mr. Mylnek noted that the addition in the back will be 20’ x 20’ and that the addition will not have an impact on the neighbors.
Chairman Baugh questioned if the accessory building will be removed. Mr. Mylnek noted that the accessory building will be removed once the construction is completed.
Trustee Montowski commented that as an adjoining property owner, the trustees do not have any issues with the 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 3, 4, 5, 6, and 7; agreed with the applicant by a 4 – 1 vote on Item 2; and disagreed with the applicant by a 5 – 0 vote on Item 1.
Rebecca Dubber made a motion to approve Case #158909 as submitted. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #158911 Ron & Laura Hrusovsky
Todd Bickley read the case facts. The applicants propose a porch extension and a garage enlargement with the addition of a second floor master suite. The applicants are requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to 16.59’, reduce the side yard setback (Mallard Drive side) from twenty-five feet (25’) to 14.49’, and to exceed the lot coverage requirement of thirty-six percent (36%) to 41.06%. The property is zoned “R-3” Residential.
No Board member had a conflict.
Lee Short was sworn in by Chairman Baugh. Mr. Short noted that the lot is zoned “R-3” and that the front yard setback will be reduced from thirty-five feet (35’) to 16.59’ and the side yard setback (Mallard Drive) from twenty-five feet (25’) to 14.49’. The garage will face Mallard Drive. Mr. Short indicated that the applicant is adding 10’ x 20’ to the garage and adding a master suite above the existing garage. The chimney will be removed and replaced with windows. The lot coverage of 41.06% includes the porch. Mr. Short provided the Board evidence that two (2) adjacent property owners supported the request. A third adjacent property owner was supportive of the application, but did not want to sign the waiver. Mr. Short noted that the owner of the vacant lot is in the nursing home.
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; agreed with the applicant by a 3 – 2 vote on Item 2; and disagreed with the applicant by a 5 – 0 vote on Item 6.
Rebecca Dubber made a motion to approve Case #158911 as submitted. The motion was seconded by Bill Baker. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158914 Michael J. Gero
Todd Bickley read the case facts. The applicant proposes to replace and extend the existing deck and is requesting an area variance to reduce the side yard setback from six feet (6’) to three feet (3’) and increase the lot coverage requirement of thirty-nine percent (39%) to forty percent (40%). The property is located at 1435 N. McCloy Avenue and also known as Lot 15 of Harbor Park Marinas Inc. 2 Subdivision. The property is zoned “R-4” Residential District.
No Board member had a conflict.
Michael Gero was sworn in by Chairman Baugh. Mr. Gero indicated that he bought the lot about five (5) years ago and that the existing deck is about fifteen (15) years old. The deck is old and needs to be replaced. Mr. Gero commented that he proposes to replace the deck and extend the new deck eight feet (8’) towards the canal. A roof will be extended over the first twelve feet (12’) off the house. Mr. Gero noted that the side yard setback is two feet (2’), not three feet (3’).
Ms. Dubber questioned if the deck would be on the same footprint. Mr. Gero indicated that it would; however, it will extend an additional eight feet (8’) towards the canal.
Mr. Baker questioned whether there is any variation on the side. Mr. Gero indicated that the deck will be rebuilt in the same location.
Mr. Blackburn questioned screening. Mr. Gero stated that he is proposing screening on the side which can be rolled up.
Mr. Baker questioned the deck material. Mr. Gero indicated the deck will be trex and the railing will be the wire railing.
Chairman Baugh closed discussion from the floor.
Mr. Blackburn made a suggestion that the compliance committee should approve the screening proposed by the applicant. Mr. Blackburn made a motion to approve Case #158914 with the condition that the applicant receive approval for the screening from the Harbor Park Marina Compliance Committee. The motion was seconded by Rebecca Dubber. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158915 David & Joyce Phillips
Todd Bickley read the case facts. The applicants propose to remove the existing single wide manufactured home and replace it with a new double wide manufactured home. The applicants are requesting an area variance to reduce the minimum floor area of 1,200 square feet to 1,056 square feet. The property is located at 3057 N. Dorothy Lane, also known as Lot 4 of Lemmerman Meadows Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Heather McCurdy, agent, was sworn in by Chairman Baugh. Ms. McCurdy indicated that the applicants propose to remove an existing 12’ x 48’ single wide manufactured home with a new twenty-four (24) foot double wide manufactured home. The home will meet the setbacks and Ms. McCurdy noted the applicants were older did not want a larger home. Ms. McCurdy commented that a state permit has been obtained for the foundation and the homeowners association have no rules and accepts what is approved by the township.
Mr. Bickley noted the replacement of a manufactured home as regulated in the nonconforming section. Mr. Bickley determined that a variance was needed since the lot was of sufficient size for a 1,200 square foot home.
Chairman Baugh questioned the front yard location and Ms. McCurdy indicated that the home was back five feet (5’) so that steps could added to the front.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by 5 – 0 vote on all seven (7) items.
Rebecca Dubber made a motion to approve Case #158915 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158918 Jerry & Ginne Stidham
Todd Bickley read the case facts. The applicants propose to remove the existing home and build a new home and they are requesting an area variance to reduce the minimum floor area of the second floor from 750 square feet to 644 square feet. The property is located at 1139 N. Byrneal Drive, also known as Lot 32 of Byrneal Beach Subdivision. The property is zoned “R-3” Residential District.
No Board had a conflict.
Jerry Stidham was sworn in by Chairman Baugh. Mr. Stidham indicated that he and his wife inherited the property from his wife’s mother. Mr. Stidham indicated that they have worked to improve the existing home but now have decided to build a new home. The new home will be bigger with an attached garage; however, the second floor will not have the required 750 square feet. The new home is a Cape Cod home and the neighbors are okay with the size.
Mr. Baker questioned the trees and Mr. Stidham indicated they will stay.
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 2 and 6.
Rebecca Dubber made a motion to approve Case #158918 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Other Business
Mr. Blackburn indicated that he received a letter from Dennis Nelson, the adjacent property owner to John Horvatich.
Approval of Minutes – May 8, 2024
The meeting minutes from the May 8, 2024 meeting was mailed to each member. Bill Baker noted a correction in the vote on the Hrovatich case, Mr. Caldwell voted in the affirmative and Mr. Baker voted against the motion. Rebecca Dubber moved to approve the May 8, 2024 meeting minutes as corrected. The motion was seconded by Doug Blackburn. Motion passed.
Adjournment
Rebecca Dubber moved to adjourn the meeting. The motion was seconded by Bill Baker. Motion passed and the meeting was adjourned at 7:32 p.m.
Respectfully submitted,
__________________________ _________________________
Bryan Baugh, Chairman Todd Bickley, Secretary