Minutes: April 13th, 2011

APRIL 13, 2011
The regular meeting of the Catawba Island Township Board of Zoning Appeals was called to order by Chairman Bryan Baugh at 7:30 p.m. in the conference room. Other Board members present were Jack Devore, Doug Blackburn, Tom Anslow and Dale VanLerberghe. Jack Ziegler (alternate) was present. Zoning Inspector Walter Wehenkel was also noted as present. Secretary for the meeting was Sandra Erwin.
The meeting began with the Pledge of Allegiance followed by the introductions of the Board Members and a brief overview of the meeting proceedings by Chairman Byran Baugh. All those in attendance were asked to sign in by Chairman Baugh.
The Secretary, Sandra Erwin, read the summary of case # 543634. Said request is to allow for an area variance from the existing front yard setback requirements of 31 feet for a pre-existing lot based upon adjoining structures to 20 feet immediately adjacent to the surfside drive. Applicant is proposing to build a garage and bathroom addition onto the existing two story home. Owners of record are James and Brenda Mackey.
There is no conflict of interest for the board members.
Remind everyone that this meeting is being tape recorded.
Who is going to speak for the Mackey’s: William Dodson is speaking for the Mackey’s. Chairman Baugh swore in Mr. Dodson. We are asking for a variance of 20 feet from the right of way.
Anyone from the audience would like to say anything: Ed Stevens is sworn in by Chairman Baugh. I am adjoining property owner and have studied the plans and we are very much in favor of the addition. Chairman Baugh thanked Mr. Stevens.
Dale VanLerberghe stated it was very nice to hear from an adjoining property owner. Tom Anslow asked in what direction that Mr. Stevens lived from the applicant; he stated that he lives to the south of the Mackey’s.
Dale VanLerberghe has stated that if the garage was placed in another location then there would be an issue of blockage of lake view, but this has no issue here with these plans.
Doug Blackburn has no issue with the request.
Board felt that the said property was a little hard to find. Confusing neighborhood, Walt has offered to supply a map to future locations. Board thanked Walt for his action.
Finding of Facts: was found: #1 increased property value; # 2 no; #3 adding the garage will make it look similar to existing neighbors houses; #4 no; #5 aware of some zoning restrictions, but not all; #6 no, moving garage to another spot would restrict lake view for neighbors. #7 yes.
Dale VanLerberghe and Chairman Byran Baugh have no problem with the finding of facts.
Tom Anslow when he read the variance felt it was a case of convenience. He is not a fan of convenience, when he got to the property and viewed what impact it would have on the neighbors it is pretty clear there is no issue. He felt if this was on a regular road with a lot of people and sticking out like a sore thumb, he then would have issues. But this is not the case. Jack Devore did not see any problems with the request of variance; the only problem was getting to the location. Ed Stevens owns the property south and his wife owns the other adjoining property. Mr. Stevens stated that the area is very residential and very low usage back there.
Chairman Baugh asked Doug Blackburn if he had any other comments: Doug stated no;
Chairman Baugh closed the issue to the public; are there any other issues with the board? I will look for a motion for the variance to approve or deny.
Doug Blackburn made the motion to approved case # 543634; Jack Devore seconded the motion: Vote: Doug – yes; Jack – yes; Tom – yes; Dale – yes: the case has been approved.
Any other business was asked of the audience by Chairman Baugh:
Tom Lanzo stated he is a neighbor of Kevin Eiseman; at this point Chairman Baugh sworn him into the record for the meeting. Tom Lanzo was in Florida when Kevin applied for his variance, when he got back to the area he sat down with Walt and reviewed the drawing that Kevin wanted to do to his property. I was in agreement with the drawing when the house was set back 36 feet from the dock. When they finalized plans at the meeting, the house has 2 steps in front and is now 25 feet from the dock. When I built my house, I was told they did not care what I did as long as the house was setback from the dock like all the other houses. When I approached Kevin and talked with him about the possibility of moving the house back 2 – 3feet and making a shorter drive; he stated, that he probably could do that. I am here in front of the board, as a neighbor asking if that is possible for the zoning board to make and approve the drawing of moving the house 2-3 feet back. Kevin is not here at this meeting and Monday morning he placed a For Sale sign on his property. As far as Mr. Lanzo is concerned he is sending him mixed signals. If he is getting a building permit I would like to see him set it back so all the homes are in line on that side of the channel. Kevin did not give him an answer one way or the other. Looking at the drawing Mr. Lanzo feels that it would not be a big deal. A lot of the homes, including his, the set-back from the right a way requires a min of 5 ft. I don’t have a problem with that, and Kevin has 14 feet for the back right-a-way. That is the only thing I have to say about the whole situation. I would also like to say that Walt has been a real big help.
Chairman Baugh asked Mr. Lanzo that you want to see the house moved to the east? Mr. Lanzo replied yes that is correct.
Doug asked what the board voted on; and Dale stated that the board voted on not less than 25 feet from the sea wall. Chairman Baugh then stated that Kevin could move the house back. Dale confirmed that the variance was not less than 25 feet so that he could move the house back. Tom Anslow and Dale VanLerberghe states that Kevin would have to re apply for a new variance to change the 14 feet rear set back. Tom stated he would approve the variance for the less rear setback. Mr. Lanzo stated that he is the guy in the middle. He is just a neighbor and when he talked with Kevin he did not say one way or the other if he would move the house back. Kevin is not here at this meeting and with the sale sign in his yard I don’t know what he is planning do. Mr. Lanzo knows that the building permit is good for one year; so he doesn’t know what is happening. Talking with Walt, Mr. Lanzo knows that Kevin was to get the building permit approval here tonight.
Sharon Tuttle was sworn in by Chairman Baugh. Would Kevin have to reapply for the new variance that we are requesting? Tom Anslow stated that Kevin would have to reapply, pay the required fee and then advertised in the paper and it would not make the case till June with all the procedures that need to be followed. Dale stated that Kevin would be looking at least 60 days before the permit was issued. Sharon stated that Kevin would not do that much. Walt has had no communication with Kevin on the status of his permit. Sharon asked what jurisdiction we have; why is his house for sale and what happens to the permit now. Sharon does not understand what is going on. Dale stated that we have people file for permits and then never use them. Sharon stated that is unbelievable. Sharon asked is the permit good for one year and Walt stated that it is 18 months from issue. The 18 months does not start until he receives his permit, upon issuance. Chairman Baugh states that the board has approved Kevin his stated setbacks. If Kevin wants to do anything different he would have to reapply for another variance. So the chances are not good that Kevin would do that.
No other business from the floor, we will take a look at the minutes of March 9, 2011. Minutes approved; motion to approve minutes by Dale VanLerberghe and seconded by Jack Ziegler. All in favor of approving minutes of March 9, 2011. All approved, passed by Chairman Baugh.
Is there any other business for the board tonight? Walt states that next meeting there is an application for a lot coverage issue. There is a gentleman that has a deck he would like to put a roof over, but there is a patio and he would like to put the roof over that also. Chairman Baugh stated that he knows Tom Anslow answer already. Walt stated that this case will be very controversial by coverage. If they start the building of the roof prior to approval, Walt feels that a stop work order will be issued. Chairman Baugh stated do not hesitate to give that order. Doug asked if Walt is doing a daily drive by. Walt stated he is. Doug then asked about the house across the street from Treasure Cove. Walt stated that he cannot get back to the building with gate that is installed and he can never catch anyone around. Walt stated that it does not look like anyone is living back there. He also has this location on his list; when he is doing his drive a round. He might call the owner to a schedule meeting to find out what is happening on that property. When we granted the variance it was for storage of farm equipment and animals.
Chairman Baugh would like to bring up an issue with a house on Northeast Catawba just south of Muggy Road. Walt stated that the racing tire house. Chairman Baugh hates to bring this up but feels that a business is running out of the house. He feels that a repair business is running out of there and the only reason he is bringing it up is because it is starting to look junked up. Bryan does not want to put anyone out of business, but if he is legal then no problem. Walt thought Byran was going to talk about the house on Cemetery and NE Catawba. The house with the hoops and junk, but that is not a zoning issue.
Any other information for the Board – no one has anything. Tom Anslow moved to adjourn the meeting and Jack Devore seconded. The meeting was closed at 8:09 p.m.