Minutes: March 9th, 2022

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

MARCH 9, 2022

Attendees

David Perkowski Michael Wellman
Fred Walker Dana Walker
Steve May Gerry Jacko

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, Doug Blackburn, Jack Zeigler and Alternate Brian Caldwell. Todd Bickley, Zoning Inspector and Matt Montowski, Trustee was also in attendance.

Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. Fred Walker questioned the issuance of the zoning permit. Todd Bickley explained that a zoning permit can be obtained once the minutes are approved and an appeal can be filed sixty (60) days from when the Board takes action. Not sure if it is thirty (30) days from the date the minutes are approved.

New Business

Case #155342 2766 E. Sand Road, LLC (David & Karen Perkowski

Todd Bickley read the case facts. The applicants propose to remove the existing front yard deck and rebuild a new deck, which would include a second floor deck. They are requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to thirteen – eighteen feet (13’ – 18’). The location is 2766 E. Sand Road and the property is zoned “R-2”. Notices were sent to the adjoining property owners and no correspondence was received.

No board member had a conflict.

Michael Wellman, Architect and David Perkowski were sworn in by Chairman Baugh. Mr. Wellman indicated that the property owner will remove the existing porch and enlarge the replacement porch. The replacement porch will allow for egress from the second floor rooms. The replacement deck will bring it back to its original size with the addition of a second floor deck to improve the egress situation. The new deck would be as transparent as possible with a cable railing.

Chairman Baugh questioned if landscaping will be placed on the road side. Mr. Perkowski indicated that landscaping would be introduced. Mr. Perkowski noted that the primary reason for the deck enlargement is to give the three (3) or four (4) rooms on the second floor the ability to use the deck.

Tim McKenna questioned how much landscaping is being proposed. Mr. Perkowski noted that as much as possible and that he is working with a landscape designer. Work is also occurring with the parcel across the street.

Doug Blackburn indicated that he does not like the deck to be closer to the road and noted that the historical picture does not take into account the location of Sand Road.

Jack Zeigler commented that he is concerned with the landscaping and traffic.

Chairman Baugh questioned if the ingress/egress to the outside is something other than through the interior. Mr. Zeigler questioned the steps to the second floor. Mr. Perkowski indicated that the second floor deck will provide a second egress to the outside and that the staircase is located at the north end. Mr. Wellman noted that the majority of steps will face to the east.

Chairman Baugh questioned if the deck would block the view for someone pulling out of the driveway. Mr. Wellman indicated that the view should not be impeded. Mr. Perkowski noted that he does not want to block the view and if necessary, he would not install landscaping. Chairman Baugh noted that with the road angle, the view would not be an issue.

Mr. Perkowski commented that he would be willing to consider redrawing the four (4) foot increase.

With no further comments and questions, Chairman Baugh closed discussion from the floor.

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

Tim McKenna made a motion to approve Case #155342 with the condition that the landscaping be level to and not exceed the deck’s base height. The motion failed for a lack of a second.

Doug Blackburn made a motion to approve Case #155342 with the condition that the landscaping be no higher than the decks base and the mound along the road be flattened or eliminated. The motion was seconded by Tim McKenna. Motion did not pass with Tim McKenna voting in favor of the motion and Doug Blackburn, Jack Zeigler and Brian Caldwell voting against the motion. Chairman Baugh did not vote.

Mr. Perkowski suggested possible alternate designs. The Board commented that they would like to know the accident history of the area and Mr. Blackburn would like to know maintenance concerns with snow removal. Discussion continued.

Jack Zeigler made a motion to rescind the motion made by Doug Blackburn and seconded by Brian Caldwell and to table Case #155342 and request the applicants provide an alternate design for the Board’s consideration, check with the police chief concerning the number of accidents in the area and to verify with maintenance any concerns with snow removal. The motion was seconded by Brian Caldwell. The motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.

Case #155343 Gerald & Laura Jacko

Todd Bickley read the case facts. The applicants propose a garage addition to the house and a roof extension over the front patio. They are requesting an area variance to reduce the front yard setback from 22.5 feet to seven feet (7’), reduce the side yard setback from ten feet (10’) to seven feet (7’), reduce the rear yard setback from twenty-five feet (25’) to six feet (6’) and exceed the lot coverage requirement of thirty-six percent (36%) to 38.2%. The location is 5630 E. Skipper Drive, also known as Lot 44 of Harbor Estates Subdivision. The property is zoned “R-3” Residential District.

No Board member had a conflict.

Gerald Jacko was sworn in by Chairman Baugh. Mr. Jacko indicated that he would like to add a garage to the east side of the house with the existing shed to be removed. A roof extension with a screen in porch would be added to the front of the house.

Chairman Baugh questioned if the garage addition would be on a concrete slab. Mr. Jacko indicated that a concrete slab would be installed. Chairman Baugh questioned if the garage would have running water. Mr. Jacko indicated that water would not be provided to the garage. Chairman Baugh asked if a driveway would be installed. Mr. Jacko indicated that a driveway would be installed. Chairman Baugh also questioned the door at the garage’s rear. Mr. Jacko noted that they will not need to go on the neighbor’s property to use the rear door.

With no further questions or comments, 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, 3, 4, 5 and 7 and agreed with the applicant by a 4 – 1 vote on items 2 and 6.

Jack Zeigler made a motion to approve Case #155343 as submitted. The motion was seconded by Tim McKenna. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Case #155346 Catawba Cleveland Development Corporation

Todd Bickley presented the case facts. The applicant proposes the construction of a canopy to cover the full width of a bar area on property located at 4235 E. Beach Club Road (CIC). The area variance application is to reduce the south side yard setback from twenty feet (20’) to thirteen feet (13’). The property is zoned “C-4” Recreational Commercial District.

No Board member had a conflict.

Steve May was sworn in by Chairman Baugh. Mr. May indicated that the Club is attempting to expand its outdoor facility and has expanded and/or created new patio space. The project is intended to cover a patio. The roof addition will match architecturally with the existing structure and should be a welcomed addition.

Steve verified the location with the Board.

With no comments or questions, 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.

Tim McKenna made a motion to approve Case #155346 as submitted. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.

Case #155349 Joseph Mann & Dana Walker

Todd Bickley read the case facts. The applicants are proposing to remove the existing home and build a two-family dwelling on property located at 6068 E. Poplar Avenue, also known as Lot 56 & the North Ten Feet (10’) of Lot 57 of Gem Beach Subdivision 1. The applicants are requesting an area variance to reduce the front yard setback from thirty feet (30’) to eighteen feet (18’), reduce the side yard setback from thirty-five feet (35’) to six feet (6’) on the north side and to fourteen feet (14’) on the south side, and exceed the lot coverage requirement of thirty percent (30%) to 48.9%. The property is zoned “R-6” Residential District.

Mr. Bickley indicated that a notarized letter was received from Kris Kingsbury, which was emailed to the Board members and made part of the record.

No Board member had a conflict.

Fred Walker was sworn in by Chairman Baugh. Mr. Walker reviewed the drawings with the Board and noted that the only difference from when a variance was received for the proposed single family home is that the structure will now be a duplex with the proposed division in the building’s interior. Living space will now be over the carport; however, the four corners are still the same.

Mr. Walker reviewed a handout that was provided to the Board. The first page is an aerial photo of the existing homes and the second page is a survey showing the existing house with the proposed eighteen (18) foot setback. The third page is an aerial photo with the proposed house superimposed on the Mann/Walker lot, along with the eighteen (18) foot setback shown and how it relates to the existing homes in the neighborhood. The fourth page is the same as the third page, but enlarged to show the adjoining property owners. Mr. Walker noted that the property owner to north (Spencer) has removed there house and when rebuilding, may have a front yard setback of 16.5 feet.

Tim McKenna questioned the area in front of the building. Mr. Walker indicated that the area would be landscaped. Mr. Walker noted that the first ten feet (10’) of the home will be a deck, with a screened in porch on the second floor and windows on the first floor.

With no questions or comments, 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 3, 4, 5 and 7; agreed with the applicant by a 3 – 2 vote on item 2; and disagreed with the applicant on items 1 and 6 by a 5 – 0 vote.

Doug Blackburn made a motion to approve Case #155349 as submitted. The motion was seconded by Tim McKenna. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.

Old Business

No old business.

Approval of Minutes – February 9, 2022

The meeting minutes from the February 9, 2022 meeting was mailed to each member. Tim McKenna moved to approve the February 9, 2022 meeting minutes. The motion was seconded Brian Caldwell. Motion passed.

Other Business

Trustee Matt Montowski read a letter from the Trustee’s thanking Tim for his service to Catawba Island.

Adjournment

Tim McKenna moved to adjourn the meeting. The motion was seconded by Jack Zeigler. The meeting was adjourned at 7:07 p.m.

Respectfully submitted,


____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary