MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
AUGUST 14, 2024
Attendees
Michael Prosser Lee Beckman
Charles Rhoad Sandra Rhoad
Craig Oiler John Oney
Barry Witt Teresa Witt
Carol Rizzollo Mary Anne Adkins
Ray Brooks David Bemer
George Smee Larry Walters
Julie Walters Rocky Piacentino
Audrey Sarka John Lengel
Evan Hachey Rex Lehner
John Feick John Herl
James Herl Blake Tucker
Steve Smith Misty Flowers
Anthony Flowers Jordan Flowers
Patty Piacentino Ruth Kerr
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, 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.
New Business
Case #158948 Larry & Julie Walters
Todd Bickley read the case facts. The applicants propose the construction of a house and garage addition and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to thirty-three feet (33’). The property is located at 4276 E. The Valley and is also known as Lot 330 and Part of Lot 331 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No board member had a conflict.
Larry Walters was sworn in by Chairman Baugh. Mr. Walters indicated that the project will consists of adding fifteen feet (15’) on the side of the garage and fifteen feet (15’) to the side of the house. In addition, a second story will be added to the garage, and the garage and house will be connected. Mr. Walters commented that additional property was obtained so that the ten (10) foot side yard setback would be met.
Chairman Baugh questioned the second story. Mr. Walters noted the second story will be used for living space.
Bill Baker questioned if the HOA has approved the expansion. Mr. Walters indicated that the HOA has approved the project.
Rebecca Dubber questioned the access to the garage living space. Mr. Walters commented that the entrance would be through the garage. Mr. Walters also commented that the Catawba Cliffs HOA requires that the house and garage be connected.
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 with the applicant by a 5 – 0 vote on Item 6.
Rebecca Dubber moved to approve Case #158948 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 #158956 Blake & Julie Tucker
Todd Bickley read the case facts. The applicants propose the construction of an addition to the rear of the house and a deck on the side of the house and are requesting an area variance to reduce the rear yard setback from thirty-five (35’) to thirty-two feet (32’) and reduce the side yard setback from twenty-five feet (25’) to twenty-one feet (21’). The property is located at 2051 N. Carriage Lane, also known as Lot 26 of Colony Club Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict.
John Feick and Blake Tucker were sworn in by Chairman Baugh. Mr. Feick noted that the site is an odd lot and the house has had a previous addition and the owners would now like to square the house. Mr. Feick commented that the owners have discussed the plans with the neighbors so that sight lines would not be negatively affected.
Chairman Baugh verified the addition corners with the property owner. Mr. Feick indicated that the raised deck will not be built and the Board noted that the side yard setback is no longer required.
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 made a motion to approve and modify Case #158956. The motion approved the reduction of the rear yard setback from thirty-five feet (35’) to thirty-two feet (32’) and modified the application by removing the side yard setback request since the deck will not be built. The motion was seconded by Brian Caldwell. The motion passed 4 – 0 and Chairman Baugh did not vote.
Case #158957 H. T. Properties (Guy Connor)
Todd Bickley read the case facts. The applicant proposes the installation of a canopy over an existing fueling station and is requesting an area variance to reduce the front yard setback from sixty feet (60’) to 53’-6”. The property is located at 1871 NE Catawba Road. The property is zoned “C-3” Highway Commercial District.
Chairman Baugh recused himself since he is an adjoining property owner. Brain Caldwell took over the Chairman duties.
Lee Beckman was sworn in by Acting Chairman Caldwell. Mr. Beckman noted that the fueling station will consist of the three (3) dispensers and the new canopy, which will provide additional light, shelter, and safety. The brand has changed from Shell to Marathon and the signage will be changed.
Mr. Heidlebaugh questioned signage on the canopy. Mr. Beckman indicated that signage will be on the canopy and that Marathon submits a kit.
Ms. Dubber questioned the existing canopy as referenced on the plans. Mr. Beckman noted that was a mistake, it should be existing fueling station.
Mr. Schenk questioned if Marathon has specs that are to be followed. Mr. Beckman noted that the lighting is controlled with more light to the site, but the light will end at the property lines. Mr. Schenk questioned the height. Mr. Beckman indicated that the canopy height is between 13 – 16 feet.
Mr. Beckman commented that the lighting is recessed and there will be no more than a glow. Ms. Dubber questioned whether the side facing the store will not be lit and Mr. Beckman stated that the store side will not be lit.
Mr. Schenk questioned the Marathon sign and whether it will be lighted. Mr. Beckman commented that the Marathon sign will be backlit.
Mr. Caldwell questioned fire suppression. Mr. Beckman stated that a fire suppression system is not required.
Ms. Dubber questioned whether the three (3) fuel pumps will be lit. Mr. Beckman noted that fuel pumps will not be lit and there will be only three (3) fuel pumps.
Mr. Baker questioned screen advertisements. Mr. Beckman noted that existing dispensers do not have screen availability; however, Mr. Beckman could not guarantee that future dispensers would have that capability.
Steve Smith was sworn in by Acting Chairman Caldwell. Mr. Smith identified three (3) concerns. First aesthetics, the current fueling station looks nice, but a canopy would detract from the aesthetics. Second, environmental concerns, the additional lighting will be a distraction. And third, if built, the canopy should have a fire suppression system.
Bryan Baugh was sworn in by Acting Chairman Caldwell. Mr. Baugh commented that he lives across the street and that he is okay with the gas station. Mr. Baugh indicated that a canopy with back lit will have an affect on his property. Mr. Baugh believes that the application request is substantial and the facility will look like a truck stop. The fueling station with a canopy will take away the ambiance of Catawba Island.
Mike Prosser was sworn in by Acting Chairman Caldwell. Mr. Prosser explained that the strip center was sold; however, the previous owner retains signage control. Mr. Prosser noted that he needs to study the signage square footage and that the Shell sign is being replaced with a Marathon sign. Mr. Prosser commented that the previous owner does not have a problem with the setback request and noted that a canopy will protect people from pumping in rain and snow.
Rex Lehner was sworn in by Acting Chairman Caldwell. Mr. Lehner commented that the canopy is not needed, and it is about changing to another supplier. Mr. Lehner expressed that he is 100% against the variance.
Mr. Prosser commented that the application is for a setback variance and that the canopy can be modified to meet the setback. Mr. Beckman agreed with Mr. Prosser’s comment.
Acting Chairman Caldwell 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, and 5; agreed with the applicant by a 4 – 1 vote on Item 4; and disagreed with the applicant by a 5 – 0 vote on Items 3, 6, and 7.
Rebecca Dubber made a motion to deny Case #158957. The motion was seconded by Bill Baker. The motion passed with all Board members voting in the affirmative. Acting Chairman Brian Caldwell did not vote.
Case #158958 Craig Oiler
Mr. Bickley reviewed the case facts. The applicant proposes to remove the existing house and build a new home and is requesting an area variance to reduce the rear yard setback (Shad Row side) from twenty-five feet (25’) to ten feet (10’), reduce the side yard setback (Harbor Island Circle side) from twenty-five feet (25’) to thirteen feet (13’), reduce the side yard setback (north side) from ten feet (10’) to seven feet (7’), and exceed the building height requirement of thirty-five feet (35’) to thirty-nine feet (39’). The property is zoned “R-3” Residential District.
No Board member had a conflict.
Craig Oiler and John Oney were sworn in by Chairman Baugh. Mr. Oiler commented that he is transitioning to Catawba Island Township full-time. He noted that variances have been given for two (2) neighbors. Mr. Oiler stated that the proposal fits the association setbacks, and the association does not have height restrictions. The house will be pushed towards Shad Row to allow more green space on the canal side and that the Shad Row residents have amended the association regulations to reduce the Shad Row setback requirement. The purpose is to stay off the channel. Mr. Oiler noted that the home is tighter at the front and wider at the back.
Mr. Oney noted that there will be a twenty (20) foot open space along the channel and that the project was discussed with the neighbors. Mr. Oney also commented that the steps and deck are ten feet (10’) off the setback lines.
Chairman Baugh questioned if the HOA has approved the new home. Mr. Oiler indicated that it has not yet been approved, but there should not be an issue.
Chairman Baugh commented that the height is an issue and that he does not like the thirty-nine (39) foot height of the home. He feels that the home will look out of place. Mr. Oney noted that the height could be readjusted to thirty-five feet (35’). Mr. Oney stated that the mechanicals could be relocated from the crawl space to allow the height to be lowered. Mr. Oney commented that he does not want to change the roof lines.
Mr. Heidlebaugh and Mr. Baker also expressed a concern with the height.
Ms. Dubber questioned the pool location and Mr. Oney indicated that relocating the pool would compromise the flow of the house.
Mr. Heidlebaugh questioned if the ten (10) foot north side yard setback could be met. Mr. Oiler commented that could be accomplished. Chairman Baugh noted that there is sufficient amount of green space on the south side to move the house three feet (3) to the south.
Mr. Baker questioned when construction would start. Mr. Oiler stated in about a year.
George Smee was sworn in by Chairman Baugh. Mr. Smee commented that he had similar concerns with the building height and the setback off the north side.
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 4, 5, and 7; agreed with the applicant by a 4 – 1 vote on Item 3; and disagreed with the applicant by a 5 – 0 vote on Items 1, 2, and 6.
Rebecca Dubber made a motion to approve and amend Case #158958 as the following:
• Reduce the rear yard setback off Shad Row from twenty-five feet (25’) to ten feet (10’).
• Reduce the side yard setback off Harbor Island Circle from twenty-five feet (25’) to ten feet (10’).
• Amend the north side yard setback from the requested seven feet (7’) to ten feet (10’).
• Amend the building height from the requested thirty-nine feet (39’) to thirty-five feet (35’).
The motion was seconded by Flint Heidlebaugh. The motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158959 Catawba Moorings, Inc.
Mr. Bickley reviewed the case facts. The applicant proposes the construction of two (2) boat storage buildings and is requesting the following area variance: for proposed building #1 – reduce the front yard setback from seventy-five feet (75’) to forty feet (40’) and reduce the side yard setback on both sides from forty feet (40’) to twenty feet (20’); for proposed building #2 – reduce the rear yard setback from forty feet (40’) to thirty feet (30’) and reduce the side yard setback on both sides from forty feet (40’) to twenty feet (20’). The property is zoned “C-4” Recreational Commercial District.
Bill Baker recused himself due to his friendship with Rocky Piacentino. Mike Schenk replaced Mr. Baker.
Secretary Bickley received correspondence and read two emails.
Rocky Piacentino was sworn in by Chairman Baugh. Mr. Piacentino commented that Mr. Bickley summed up the project nicely.
Chairman Baugh questioned door locations and Mr. Piacentino indicated that the doors would face both Greenview and the Herl property. Mr. Piacentino commented that he is aware that water is an issue.
Chairman Baugh questioned if the house will be torn down, and Mr. Piacentino indicated that the house will be removed.
Mr. Heidlebaugh questioned the building customers and Mr. Piacentino stated the buildings will be for Catawba Moorings customers.
Ms. Dubber questioned bathrooms and Mr. Piacentino commented that he would like the buildings to have bathrooms.
Chairman Baugh questioned building color and Mr. Piacentino indicated that the color will be similar to the other Catawba Moorings buildings. Chairman Baugh questioned lighting and Mr. Piacentino noted that LED lighting will be installed.
Ms. Dubber questioned the need for seven (7) bathrooms. Mr. Piacentino commented that seven (7) bathrooms are not needed but would like to have the plumbing in place when the foundation is installed so that they would be available if needed in the future.
Ray Brooks was sworn in by Chairman Baugh. Mr. Brooks reviewed drainage and based on storm water calculations, room exists for an on-site detention pond. Mr. Brooks noted when released, the water would run to the lake.
Mr. Schenk commented that the boat storage buildings would help to reduce boats on SR 53. Mr. Piacentino noted that a number of boats are stored off-site.
Ms. Dubber noted that the proposed buildings are close to the roads. Mr. Brooks indicated that 12,000 square foot is the typical size for these type of buildings.
Charles Rhoad was sworn in by Chairman Baugh. Mr. Rhoad’s indicated that he did not have a problem with the buildings, but questions where the detention pond would be located. Mr. Brooks indicated that pond would be located within the thirty (30) foot setback off the rear property line for building #2. The water would be caught before it gets to the homes. The detention pond would be about two feet (2’) in depth. Mr. Piacentino noted that concrete would be installed around the buildings.
Sandy Rhoad was sworn in by Chairman Baugh. Ms. Rhoad questioned the door locations. The doors would be on the Greenview Road side and the boats would be no closer than as they go by the property currently.
John Herl was sworn in by Chairman Baugh. John noted that he and his brother own the land to the south of the proposed buildings. John commented that the buildings are big and the variance setback request is big. There will be a large roof area and commented the setback variance off SR 53 is big. John indicated that the biggest concern is drainage and the amount of runoff will increase by 10 times because of the concrete. John expressed that he doubts a detention pond will work and that the appropriate means to address the drainage is with a storm sewer to the harbor. John noted that field tile currently runs to the harbor, but the tile is plugged. A detention pond needs an outlet.
Jim Herl was sworn in by Chairman Baugh. Jim commented that the applicants do not have an approved drainage plan. The application is for a variance on all four sides which could be a precedent for his property.
Mr. Brooks noted that the buildings are not square and they will not block views.
Chairman Baugh questioned the time line. Mr. Piacentino indicated that construction would be in the fall of 2025.
Ruth Kerr was sworn in by Chairman Baugh. Ms. Kerr commented that a retention ditch goes to the harbor and that the backyards are flooded during the spring.
Ms. Dubber questioned if the drainage plan is reviewed by the Ottawa County Engineer. Mr. Brooks noted that it can be reviewed by the County Engineer, but he cannot sign off on it.
Theresa Witt was sworn in by Chairman Baugh. Ms. Witt questioned the ownership of Greenview Road. Mr. Bickley explained a plat drawing and the possible road ownership.
Barry Witt was sworn in by Chairman Baugh. Mr. Witt suggested that a drain be installed to take the water to the harbor.
Chairman Baugh suggested that the case be tabled until a drainage plan be submitted for the Board’s review.
Rebecca Dubber made a motion to table Case #158959. The motion was seconded by Brian Caldwell and the motion passed.
Old Business
No old business to conduct.
Other Business
No other business to conduct.
Approval of Minutes – July 10, 2024
The minutes for the July 10, 2024 meeting was mailed to each member. Mr. Caldwell indicated that Flint Heidlebaugh did not vote twice on Case #158933 William & Virginia Craider and that when asked if the sides will be enclosed, Mr. Craider commented maybe with a tarp during the winter months. Mr. Baker commented that the sides are to remain open. Rebecca Dubber moved to approve the July 10, 2024 meeting minutes as corrected. The motion was seconded by Flint Heidlebaugh. Motion passed.
Adjournment
Brian Caldwell moved to adjourn the meeting. The motion was seconded by Flint Heidlebaugh. Motion passed and the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
______________________ ________________________
Bryan Baugh, Chairman Todd Bickley, Secretary