Minutes: August 11th, 2010

Catawba Island Township Board of Zoning Appeals

August 11, 2010

The regular meeting of the Catawba Island Township Board of Zoning Appeals was called to order by Chairman Dale VanLerberghe at 7:30 in the conference room. Present were Bryan Baugh, Jack DeVore, Sandra Erwin, Doug Blackburn, Jack Zeigler, Pat Cerny, Matt Montowski, Ted Athanas, James Miller, Allen Raymond, Joyce Raymond, Ellin Shevchuk, Robert Shevchuk, Barbara Lockner, Keith Lockner, George Barack, Shari Brerio, Jacquee Rutherford, Tony Rutherford, and Bill Biello. The meeting began with the Pledge of Allegiance followed by the introduction of Board members and a brief overview of the meeting proceedings.

Dale VanLerberhe read a portion of the minutes from the July 14, 2010 Board of Zoning Appeals meeting and stated the discussion remained opened and asked if there was anyone present who had new evidence or information regarding case #543534.

Case # 543534 – James Miller – 3247 N.E. Catawba Road – Zoning C-2
The variance request is for the construction of a 4’ x 4’ directional sign to be placed at 3247 N.E. Catawba Road, Holiday Village, 38 feet from the center line of N.E. Catawba Road and 49.5 feet from the centerline of Twin Beach Road.

John Gangway, Catawba Island Fire Chief, stated the Ohio Fire Code does not make reference to obstructions near fire hydrants.

James Miller stated West Harbor Yacht Club members met with Board of Zoning Appeals members at 6:30 p.m. at the corner of Route 53 and Twin Beach Road to demonstrate the sign and look at possible blind spots. He said a police officer from Catawba Island Township was there and the officer stated there is no stop line at that stop sign and if you creep forward the sign would not pose a blind spot.

Dale VanLerberghe closed the discussion to the public and turned the case over for decision to the Board of Zoning Appeals.

Doug Blackburn said he believes the sign will still create a blind spot and he is in favor of finding a way to move the sign farther down the road. He said he thinks it is too close to the intersection.

Bryan Baugh reviewed the “Finding of Fact” as it related to the case. Bryan Baugh said he believed granting the variance would interfere with the fire hydrant. He said he feels it is a little too close and if there were a fire it could get in the way. Bryan Baugh also stated he feels the West Harbor Yacht Club has other options.

Jack DeVore said one of his biggest concerns is the obstruction of traffic when you are pulling out. He also said he thinks the sign is larger than it needs to be.

Dale VanLerberghe stated he had questions regarding the sign being located in the right-of-way. He said he spoke to a representative from the Ohio Department of Transportation who communicated that such signs are illegal and will not be permitted without the written permission from the appropriate district office of ODOT.

Jack DeVore made a motion to approve Case #543534. Bryan Baugh seconded the motion. Jack DeVore, no; Bryan Baugh, no; Doug Blackburn, no; and Sandra Erwin, no. Case #543534 was not approved.

Case # 543568 – Robert Shevchuck – 5531 E. Eagle Drive, Harbor Estates – R-3
The variance request is for a rear yard setback of 10 feet in lieu of the required 25 feet to build an attached garage. The variance would allow for construction of a garage of 25/20 foot width by 30 foot length for car parking and a work/storage area.

Robert Shevchuck said they are planning to be at Catawba Island full time in the future and would like to construct a garage on the property that would accommodate two cars and allow for work space and storage.

Dale VanLerberghe asked Robert Shevchuck if the existing storage shed would be removed. Robert Shevchuck replied yes.

Sandra Erwin expressed concern for how emergency personnel would get to the front of the property that is so close to the sea wall.

Doug Blackburn expressed concern for the stability of the soil and any kind of erosion being that close to the corner.

Robert Shevchuck agreed he does not know that much about it but said before they design it they want to know what their limits are. He realizes they may have to have peers placed for stability of the foundation.

Bryan Baugh asked Robert Shevchuck if the sea wall was his. Robert Shevchuck replied yes. Bryan Baugh asked if there were tiebacks on the wall. Robert Shevchuck replied yes.

Sandra Erwin asked Robert Shevchuck if they would be driving into the garage from the road or from the side. Robert Shevchuck replied the proposed structure would have an entrance from along Eagle Drive and more than likely they will put a single roll-up door on the north side to allow for access to the property on that side for jet skies, etc.

Bryan Baugh asked how high the structure would be. Robert Shevchuck replied the structure is planned to be 27 feet in height, the same as the house. Robert Shevchuck stated he has rough designs of what it might look like but no designs at this time.

Robert Shevchuck stated he believes the coverage will be roughly 34 percent. A brief conversation also took place regarding a possible future elevated deck, parking space in the driveway, etc. Robert Shevchuck said he believes the addition will look attractive and enhance the neighborhood.

Dale VanLerberghe closed the meeting to the floor and the Board members had a brief discussion.

Sandra Erwin made a motion to approve Case #543568. Bryan Baugh seconded the motion. Sandra Erwin, yes; Bryan Baugh, yes; Doug Blackburn, yes; and Jack DeVore, yes. Case #543568 was approved.

Case # 543570 – Keith & Barbara Lockner – 2958 N. Mallard, Harbor Estates – R-3
The request is for a coverage variance of 39% in lieu of the allowable 36% for a garage addition.

Keith Lockner stated they would like the variance so they can build a larger garage to put the jet boat in and two cars. He said they will be living here full time in the next couple of years and they need more room for storage of work tools etc. Keith Lockner said he does not want to build a smaller garage and then have to put a shed on the property for additional storage.

Dale VanLerberghe asked Keith Lockner if the house was on two lots or one. Keith Lockner acknowledged the house is on two lots put together to make one. Dale VanLerberghe asked if the request for coverage included the raised stone patio deck on the back of the house that is roughly 10’ by 30’. Keith Lockner replied no. Dale VanLerberghe said it was his understanding that anything raised off the ground needed to be counted as coverage. Keith Lockner stated when the deck was completed 12 years ago he thought that one step up was allowed and that only areas covered by a roof were classified as a living area.

Pat Cerny, Zoning Inspector, stated it was written differently in the book back then. Pat Cerny stated a stone patio slightly raised does not count as coverage but a wooden raised patio would be counted as coverage.

Dale VanLerberghe closed the meeting to the floor and the Board members had a brief discussion.

Doug Blackburn made a motion to approve Case #543570. Sandra Erwin seconded the motion. Doug Blackburn, yes; Sandra Erwin, yes; Jack DeVore, yes; and Bryan Baugh, yes. Case #543570 was approved.

Bryan Baugh made a motion to approve the July 14, 2010 meeting minutes as presented. Jack DeVore seconded the motion. Bryan Baugh, yes; Sandra Erwin, yes; Doug Blackburn, yes; Jack DeVore, yes; and Dale VanLerberghe, yes. Motion approved.

Sandra Erwin stepped down from the Board and Jack Zeigler, Alternate, stepped in.

Dale VanLerberghe stated the Board gave approval to “Our Sunset Place Bed and Breakfast” two years ago and said they would review it in two years. Sandra Erwin said she would like final approval for her place to be considered a permanent bed and breakfast on Catawba Island.

Jack DeVore made a motion that after two years in operation and the Board of Zoning Appeals and the Zoning Inspector having heard no complaints on “Our Sunset Place Bed and Breakfast” move that the Catawba Island Board of Zoning Appeals give permanent approval to its operation. Bryan Baugh seconded the motion. Jack DeVore, yes; Bryan Baugh, yes; Doug Blackburn, yes; and Jack Zeigler, abstained. The motion was approved.

Jack Zeigler made a motion to adjourn the meeting seconded by Doug Blackburn. The motion was carried unanimously. Meeting adjourned.