Minutes: April 8th, 2020

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

APRIL 8, 2020

Attendees

Scott Thompson Andrea Kummero
Tom Evans John Rogers
John Young


Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Tim McKenna and Alternate Brian Caldwell. Matt Montowski, Trustee was also in attendance. Todd Bickley, Zoning Inspector participated via phone. Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were no questions.

Old Business

Case #331998 – Eugene Winchester

Tim McKenna made a motion to removed Case #331998 from the table. The motion was seconded by Brian Caldwell. Motion passed.

Todd Bickley read the facts of the case. The applicant is proposing a garage addition and is requesting an area variance to reduce the side yard setback from twenty-five feet (25’) to six feet (6’), reduce the rear yard setback from thirty-five feet (35’) to twenty-two feet (22’) and exceed the nonconforming building expansion limitation of twenty percent (20%) to 54.7%. The property location is 3657 N. Ridge Road and is also known as Lot 408 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District. Mr. Bickley noted that the lot is a corner lot, as a result, the side yard setback increases from ten feet (10’) to twenty-five feet (25’).

No Board member had a conflict of interest.

Scott Thompson, representing the applicant, was sworn in by Chairman Baugh. Mr. Thompson indicated that the house parcel does not have a garage and the homeowner proposes a standard two (2) car garage. Although challenging, Mr. Thompson noted that the garage was sized to fit the property.

Chairman Baugh questioned the six (6) foot variance along Southway. Mr. Thompson reviewed the site plan with the Board. Mr. Thompson indicated that the corner markers were found and identified in the field. Mr. McKenna noted that the setback of the addition was similar to the setback of the existing house. Mr. Bickley commented that the existing house is non-conforming and that the rear of the addition will be approximately six feet (6’) off of Southway. As a result, a variance for the reduction of the side yard was necessary.

Mr. McKenna questioned if the Association has approved the plans. Mr. Thompson indicated that the Association has approved the plans and the site plan has the Association’s stamped approval.

Mr. Caldwell questioned if the any comments were received from adjacent property owners. Mr. Bickley indicated that the office did not receive calls or correspondence. Mr. Bickley did note that the letter sent to the property owner directly across from the property on Southway was returned by the post office as undeliverable. The address used is listed on the Auditor’s tax card.

Chairman Baugh questioned if the shed will be removed. Mr. Thompson noted the shed needs to come out, but the owner has not indicated the shed’s status.

Chairman Baugh questioned the garage size. Mr. Thompson indicated that size of the garage is 24’ x 30’. Chairman Baugh commented that the driveway off of Ridge may no longer be needed with the garage entrance to be off of Southway.

Chairman Baugh closed discussion from the floor.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 3 – 0 vote on Items 3, 4, 5 and 7; agreed with the applicant by a 2 – 1 vote on Items 2 and 6; and disagreed with the applicant by a 3 – 0 vote on Item 1.

Brian Caldwell made a motion to approve Case #331998. The motion was seconded by Tim McKenna. Motion passed with all Board members voting in the affirmative.

Case #254807 – Alt Financial Enterprises, LLC

Andrea Kummero entered the meeting room and Chairman Baugh read through the meeting process.

Tim McKenna made a motion to remove Case #254807 from the table. The motion was seconded by Brian Caldwell. Motion passed.

Todd Bickley read the case facts. The applicants are proposing a single family dwelling and are requesting an area variance to reduce the front yard setback from 36.5 feet to thirty feet (30’) and reduce the rear yard setback from thirty-five feet (35’) to twenty feet (20’). The property is located at 4284 Cliff Road and is also known as the North Part of Lot 163 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.

No Board member had a conflict of interest.

Andrea Kummero was sworn in by Chairman Baugh. Ms. Kummero indicated that the Catawba Cliffs Association has approved the setbacks and the proposed house location. Ms. Kummero noted that house plans have been submitted and distributed to the Board members.

Chairman Baugh indicated that he was unable to find the flags on the lot. Ms. Kummero stated that she placed flags along the twenty (20) foot rear setback line and the last flag marked the corner of the house.

Mr. McKenna questioned if she intended to build. Ms. Kummero commented that she and her brother will sell one of the lots and build on the other.

Mr. McKenna expressed concern if a home would be moved further to the south along the twenty (20) foot setback line. Mr. Bickley noted that when reviewing the aerial on the Auditor’s website, the approximate distance from the midpoint of the rear property line to the house south of the lot is sixty feet (60’). The distance does not include the twenty (20) foot setback. Ms. Kummero commented that moving the house further to the rear may be difficult because of the outcropping.

Mr. Caldwell questioned if the building plans fit into the building site location. Ms. Kummero indicated that they do fit.

Chairman Baugh closed discussion from the floor.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 3 – 0 vote on Items 2, 3, 4, 5 and 7; and disagreed with the applicant by a 3 – 0 vote on Items 1 and 6.

Tim McKenna made a motion to approve Case #254807. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative.

Case #254808 Alt Finacial Enterprises, LLC

Tim McKenna made a motion to remove Case #254808 from the table. The motion was seconded by Brian Caldwell. Motion passed.

Todd Bickley presented the case facts. The applicants are proposing a single family dwelling and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to thirty feet (30’). The property is located at 4264 Cliff Road and is also known as the North Part of Lot 164 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.

No Board member had a conflict of interest.

Andrea Kummero was sworn in by Chairman Baugh. Ms. Kummero noted that she spoke to Ron Nisch, the adjacent property owner to the south. The Nisch’s did not oppose the variance request. Ms. Kummero commented that unlike the adjacent lot, this lot is a rectangular lot and the rear yard encroachment is small.

Chairmen Baugh questioned Catawba Cliffs Association approval. Ms. Kummero noted that Association approval was obtained.

Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 3 – 0 vote on Items 3, 4, 5 and 7; and disagreed with the applicant by a 3 – 0 vote on Items 1, 2 and 6.

Brian Caldwell made a motion to approve Case #254808. The motion was seconded by Tim McKenna. The motion passed with all members voting in the affirmative.

Case #254819 Julie Newman, Daniel Newman, Philip Gutkoski & Amy Gutkoski

Tom Evans, John Young and John Rogers entered the meeting room and the meeting process was read by Chairman Baugh.

The case facts were read by Todd Bickley. The applicants propose an addition and they are requesting an area variance to reduce the side yard setback from ten feet (10’) feet to 8’ 7”. The property is located in Section 26 of Catawba Island Township at 2753 Sand Road. The property is zoned “R-3” Residential District.

No Board member had a conflict of interest.

Tom Evans, representing the applicants, was sworn in by Chairman Baugh. Mr. Evans explained that the applicants were planning to remodel or build a new home. They decided to remodel and keep the Catawba stone. Mr. Evans indicated that he was unaware that a variance was needed since the addition is no closer to the side lot line than the existing house. A second floor will be added to the house. The house will look nice and conform with the neighborhood.

Chairman Baugh commented on the location of the addition. Mr. McKenna questioned the portion of the addition that does not meet the setback. John Rogers was sworn in by Chairman Baugh. Mr. Rogers noted the variance would be for the addition going north of the chimney. Mr. Rogers also stated that he did not oppose the variance request.

Chairman Baugh closed discussion from the floor.

The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 3 – 0 vote on Items 1, 2, 3, 4, 5, and 7. The Board disagreed with the applicant by a 3 – 0 vote on Item 6.

Tim McKenna made a motion to approve Case #254819. The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative.

Other Business

Mr. Bickley informed the Board that he has had a discussion with Charles Hoy, who received a rear yard variance at the February meeting for a new home to be located at 5860 Cedar Lane in Gem Beach. The existing home was razed and when the new home was staked, the porch extended three feet (3’) beyond the adjacent homes. Mr. Hoy was advised that the front of the new home would have to line up with the adjacent homes. It appears an error was made when the measurements were determined for the zoning application site plan. To address the issue, several alternatives were discussed. Placing the porch on the side of the house was not feasible and according to Mr. Hoy, the house was the smallest house offered by Schumacher Homes. The other alternative considered was moving the house further to the rear. If done, the variance would need to change from 7.05 feet to four feet (4’). Mr. Hoy talked with the neighbor to the rear and they were not opposed to allowing the home to be three feet (3’) off the rear property line. A signed letter by the rear property owners was submitted for Board review. Mr. Hoy did offer to purchase additional property, but the property owners felt that was not necessary.

Tim McKenna made a motion to amend the approval of Case #331987 and extend the variance an additional three feet (3’) from the rear property line. The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative.

Approval of Minutes – March 11, 2020

The meeting minutes from the March 11, 2020 meeting was mailed to each member. Chairman Baugh noted a correction in Case #254807, Mr. Kummero should be Ms. Kummero. Brian Caldwell moved to approve the March 11, 2020 meeting minutes with the correction identified by Chairman Baugh. The motion was seconded by Tim McKenna. Motion passed.

Adjournment

Brian Caldwell moved to adjourn the meeting. The motion was seconded by Tim McKenna. The meeting was adjourned at 7:12 p.m.

Respectfully submitted,


_____________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary