MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MAY 13, 2026
Attendees
Jake Market Shanon “LJ” Overmyer
Linda Short Lee Short
Robert Crawford John Brewer
Celena Brewer Bill Halm
Kathy Cochran Cheryl Rose
Robert Mullinix Julie Kreber Mullinix
Dave Meade Alison Perlaky
Paul Perlaky Helen Fagan
Carol Meade Bruce Peterson
Diane Belden Bonnie Steele
Wendy Wood Carl Steele
David Perkowski
Chairman Brian Caldwell called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Brian Caldwell, Doug Blackburn, Rebecca Dubber, Bill Baker, Mike Schenk, Rick Smetzer and Flint Heidlebaugh. Jean Hartline, Zoning Inspector/Secretary was also in attendance.
Chairman Caldwell read through the meeting process.
A request was made by Brian Caldwell to remove Case #233033 Miller Boat Line from the table.
Ms. Dubber made the motion to remove the case from the table and bring it to the front of the agenda. Motion was seconded.
Old Business
Case #233033 Miller Boat Line
Ms. Hartline read the case facts: The applicant has requested a use variance to allow two (2) electronic changeable copy signs at the Miller Boat Line property. The location is 5185 E. Water Street, also known as “Dock” N of Lots 6-8 Blk 6 Ottawa City (parcel #0131907331187000) and Parking Lot R-56 Tl 7 & 8 of parcel 0131907331184000. The sign located on the “Dock” parcel contains 21 square feet and the sign situated on the Parking Lot parcel contains 31 square feet. The property is zoned “C-3” Highway Commercial District.
Member Doug Blackburn identified a conflict of interest on this case and Rick Smetzer will serve on the Board for this case.
Ms. Hartline provided a letter from Miller Boat Line dated May 12, 2026 with additional information outlining regulations and needs pertaining to the variance request for the digital sign which was provided to the Board. A letter was also provided on May 13, 2026 to the Board from Alison Perlaky and was in opposition to the request.
Chairman Caldwell requested that a motion be made to go into executive session. The Board moved to an executive session to review the newly provided information from Miller Boat Line and Ms. Perlaky. Members of the Board left the executive session and returned to the hearing. Roll call was taken.
The Finding of Fact was reviewed. Chairman Caldwell requested a motion to deny or approve. Ms. Dubber made a motion to Deny the request. Rick Smetzer seconded the motion. The vote was taken and the application denied by a vote of 3 Yes (to deny request) and one abstain.
New Business
Case # 233009 John and Celena Brewer
Ms. Hartline read the case facts: The applicants propose a house addition to include a new attached garage (1274 SF) with a 2nd level living space of 546 SF. Total added area is 1,820 SF. The applicant is requesting area variances to the rear yard setback from 25 feet to 10 feet and lot coverage from 36% to 46%. The property is located at 3104 North Dorothy Lane and is known as Lot 11 of the Lemmerman Meadows Subdivision. The property is zoned R-3.
No Board member had a conflict of interest.
Ms. Hartline provided the Board a color-coded version of the provided site plan to better highlight the project. Mr. Lee Short made a presentation on the case and included statements from neighbors in favor of the project. He noted that the second bay of the proposed garage would be for boat storage. He also spoke to an improved aesthetics for the home. The loft of 546 SF could be used for storage, craft room etc. A bathroom is included in the new garage. Ms. Dubber asked if there were any external entrances. Mr. Short responded that there is a connection (doorway) from the garage to the main house.
To answer a question from Ms. Dubber that pushing the garage forward might eliminate the rear yard variance, Mr. Short explained the reason for not pushing the garage forward was a conflict with an existing dining room window. Mr. Baker felt this is a boat storage building in a residential area. Ms. Dubber expressed a concern for the significant expansion, almost a doubling of the home. Ms. Dubber asked about a previous a front yard variance on the property and concern over boat storage.
Mr. Brewer provided that the 32’ boat and the door for the boat was 14 foot in height. Mr. Short stated opposition that the new garage is considered an accessory building as it is attached to the house and should be considered as part of the house. Mr. Blackburn asked if a drainage concept is available. Mr. Short indicated the slope of the drive and elevation of the garage will drain the area.
Ms. Perlaky asked what is the practical difficulty of this case. Mr. Caldwell indicated the practical difficulty may be expensive off site boat storage. Ms. Perlaky said by state law there must be a land constraint and that a personal hobby is a created condition not a legal practical difficulty. Ms. Perlaky discussed that she provided the Board information on this case and the variance should be based on strict terms of the law and ORC defines the garage as an accessory structure.
Mr. Short provided the project is a “want” and that he has never had a practical difficulty (slopes, etc.) in ~40 cases he has presented to this board over the years. Ms. Dubber is concerned that this project has already had a variance and that is concerning.
Chairman Caldwell closed discussion from the floor.
The Finding of Facts was reviewed with unanimous Yes on 1 , 2 and 6 and No on 5 and 7. No on 3 and 7 (with vote at 4-1, 3-2 vote, respectively). Chairman Caldwell requested a motion to deny or approve the application with Ms. Dubber requesting a motion to deny the request. The vote was 4 Yes to deny the request.
Case #233036 William and Laurie Halm
Ms. Hartline read the case facts: The applicant proposes a rectangular gazebo accessory structure of 15 feet by 25 feet (375 SF). The structure will have a floor and roof but no sides (walls). The applicant is requesting area variances for the side yard setback from 5 feet to 3 feet and setback from Utility Drive from 25 feet to 10 feet. The property is located at 5844 East Twin Beach Road and is known as Lot 34 of Gem Beach Plat 4. The property zoning is C4/R4.
No Board member had a conflict of interest.
Mr. Halm discussed the project which includes an outdoor firepit (that is not a permanent structure, portable). Ms. Dubber asked for confirmation that the structure is freestanding and that attaching it to the house might eliminate the need of the variance. Mr. Halm said his architect indicated that attaching would not work. Discussion also occurred on safety of a portable (gas) fire pit.
Mr. Caldwell asked if Mr. Halm would consider attaching the structure. Mr. Halm said he prefers a detached gazebo. It was also suggested that the trim 3 feet off to eliminate/reduce the variance with the project being tabled to allow Mr. Halm to rework the plan. This was not favorable to Mr. Halm.
Chairman Caldwell closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board unanimously affirmed 1, 5 and 6 by a 5-0 vote. They affirmed 3 with a 3-2 vote, they voted No unanimously on 4 and 7. Item 2 noted a 4 yes and 1 no.
Mr. Blackburn presented a motion to approve the motion with a modification of the 3’ backyard to 5’ and this seconded by Mike Schenk. The Board had a tie vote of 2 Yes and 2 No. Due to a tie vote Chairman Caldwell voted Yes to deny the application. The motion to deny the application was approved.
Case #233041 Barry and Kathy Cochran
Ms. Hartline read the case facts: The applicants propose an outside masonry fireplace as part of a yard hardscaping project. The applicant is requesting an area variance for the side yard setback reduction from 5 feet to 2 feet 9 inches. The property is located at 2860 North Trillium and is known as Lot 14 of the Bluff, Plat 3. The property is zoned R1.
No Board member had a conflict of interest.
RL Overmyer presented the case for the owner. Mr. Overmyer indicated the site has several geological/geographical challenges (grades, poor fill, rock). He also worked around several mature trees so they would not be sacrificed. It was clarified that the patio (not included part this variance application as it was approved under the standard zoning application and permit) also includes a gas fire pit. The subject fireplace would be wood burning. The fireplace was under construction when the HOA identified that the fireplace need a permit for the variance. The fireplace would be 13 feet high with a spark arrestor. The fireplace is not intended for cooking except maybe marshmallows and sandwich iron pies.
Dave Mead, a neighbor and president of the Bluff HOA, spoke in favor of the project. He indicated that the Bluff Architectural Control Committee (ACC) has not yet approved the fireplace as ACC and HOA approval follows the township approval. Mr. Mead does not have fire or visual concerns, is in support of the project and he also has an outdoor fire place.
Chairman Caldwell closed discussion from the floor.
The Finding of Facts was reviewed with unanimous Yes on 1 and 6, unanimous No 2, 3 4 and 5 and a split vote on 5 with 4 yes and 1 no.
A motion to approve was made and seconded to approve the request. A unanimous vote Yes to approve the request.
Case # 233047 Robert Mullinex
Ms. Hartline read the case facts: The applicant proposes front deck expansions on the second and third levels. The applicant is requesting an area variance for the front yard setback from 40 feet to 25 feet (and varies). The property is located 4390 East Terrace Circle and is known Lot 158 of the Catawba Cliffs. The property is zone R-1.
No Board member had a conflict of interest.
Bruce Peterson of Faith Construction spoke for the owners on the decks. The Cliff HOA has approved the decks. Construction will be 2 phased with lower deck first. House has been vacant for ~ 8 years and now has new owners. Owners have a family wedding on July 24. No plans for full walls or roof on patios. The permit life of 18 months in regard to the phased construction and that reasonable extensions can be conducted if there is due cause. Mr. Peterson indicated he can make the July deadline with start date on approval of the minutes which triggers the permit start.
Wendy Wood and Carl Steele, both neighbors, spoke in favor of the project.
The Finding of Facts was reviewed with unanimous yes on 1, 5 and 7, unanimous no 2, 3 4 and a split vote on 5 with 3 yes and 1 no.
Mike Schenk proposed a motion to approve the request and this was seconded by Ms. Dubber. A unanimous Yes vote to approve the request occurred.
Other Business
No other business to conduct.
Approval of Minutes – April 15, 2026
The minutes for the April 15, 2026 meeting was mailed to each member. Rebecca Dubber moved to approve the April 1, 2026 meeting minutes. The motion was seconded by Mike Schenk. Motion passed.
Adjournment
Rebecca Dubber moved to adjourn the meeting. The motion was seconded by Mike Schenk. Motion passed and the meeting was adjourned at 8:05 PM.
Respectfully submitted,
__________________ _________________________________
Brian Caldwell, Chairman Jean Hartline, Secretary