MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JANUARY 11, 2023
Attendees
Milton Pommeranz Jerilyn Royle
Joe Royle Carl Feick
Dan Cosic Frank Hodge
Greg Pfeiffer Justin Johnston
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandra Erwin, Doug Blackburn, Brian Caldwell and Alternate Rebecca Jessen. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were also in attendance.
Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.
New Business
Case #157913 William & Jessica Zufall
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing home (shed will remain) and build a new home and are requesting an area variance to reduce the front yard setback from 30.5’ to 29.97’, reduce the side yard setback (Orchard Beach Drive side) from twenty-five feet (25’) to 13.43’, and reduce the minimum second floor square footage requirement of 750 square feet to 636 square feet. The property is located at 1318 Orchard Beach Drive, also known as Lot 125 of Orchard Beach Subdivision. The property is located in the “R-3” Residential Low Density District.
No Board member had a conflict.
Carl Feick was sworn in by Chairman Baugh. Mr. Feick indicated that the owners have outgrown the house and needs to be replaced. The owners propose to tear down and build new. The new home will increase in floor area and the garage will be the parking area. The new build should enhance the area.
Chairman Baugh questioned why the second floor square footage is reduced. Mr. Feick noted that the new footprint will go over the old footprint; however, a second floor deck is being proposed. Mr. Feick used the survey drawing to show the approximate location of the existing home versus the proposed home.
Chairman Baugh questioned if the Association is okay with the proposal. Mr. Feick was not aware of the Association decision and Mr. Bickley indicated that he and Mr. Cosic talked with Jim Gideon, President of the Association. Mr. Gideon indicated that approval was not yet given; however, the primary concern will be drainage and the location of a sliding glass door.
Doug Blackburn commented that he would like see the second floor square footage increased to meet the square footage requirement.
Chairman Baugh questioned if the home is custom designed. Mr. Feick indicated that the plans are not custom designed; however, the applicant has made modifications to the plans.
Rebecca Jessen questioned the carport. Mr. Feick commented that the carport will be enclosed and changed into a garage. Mr. Feick noted that the drawings do not reflect the adjustments.
Frank Hodge was sworn in by Chairman Baugh. Mr. Hodge indicated that he is a Trustee with the Orchard Beach Association. Mr. Hodge noted that the plans have not been reviewed by the Trustees and that the President has the plans but has not distributed them to the Trustees.
Justin Johnson was sworn in by Chairman Baugh. Mr. Johnson indicated that the primary concern is drainage and he provided the Board photos of the area after heavy rains. Mr. Johnson noted that some drainage improvements have been made. Mr. Johnson commented that he is in favor of the new house, but the builder and owner needs to be aware of the elevation and grading.
Sandra Erwin questioned if the large tree will remain, and if so, a rain garden could be installed.
Mr. Feick noted that the water will be drained away from the house and will not be directed to the adjacent properties. Mr. Johnson noted that one possibility is the installation of catch basin.
Gary Pfeiffer was sworn in by Chairman Baugh. Mr. Pfeiffer commented that he supports the project, but drainage needs to be properly addressed. The water needs to be hard piped away from the lot.
Chairman Baugh closed the discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 4, 5, 6, and 7; agreed with the applicant by a 4 – 1 vote on Items 1 and 3; and agreed with the applicant by a 3 – 2 vote on Item 2.
Brian Caldwell made a motion to modify Case #157913 by approving the setback reductions and disapproving the reduction of the minimum second floor square footage request. Motion was seconded by Rebecca Jessen. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #157914 Jerilyn Royle, etal
Secretary Sandra Erwin read the case facts. The applicants removed the existing cottage and propose to construct two (2) single family dwellings. They are requesting an area variance to reduce the front yard setback from 23.75’ to 17.5’, reduce the side yard setback from five feet (5’) to zero feet (0’) for both side yards, reduce the rear yard setback from thirty-five feet (35’) to 24.5’, reduce the minimum building width from twenty-three feet (23’) to twenty feet (20’), and exceed the lot coverage requirement of thirty percent (30%) to forty-six percent (46%). The property is located at 6062 E. Poplar Avenue, also known as Lot 55 of Gem Beach Subdivision 1. The property is located in the “R-6” Residential District.
No Board member had a conflict.
Jerilyn Royle was sworn in by Chairman Baugh. Ms. Royle indicated that the property was obtained by her grandfather in 1971. The property is now in a trust with her siblings. The main house was torn down and now she would like to build something new. Originally, a duplex was considered; however, her brother is not ready to proceed. Ms. Royle now proposes two (2) single family dwellings. Ms. Royle noted that her neighbor to the north is seven feet (7’) off the property line and the new home to the south will be six feet (6’) off the property line. The existing cottage at the rear of the lot is thirty-nine inches (39”) off the side property line. Ms. Royle reviewed the aerial with the Board and noted where the homes would be located and she identified the existing driveway.
Mr. Blackburn commented that the Board is generally opposed to a zero setback.
Brian Caldwell questioned if a duplex is possible. Ms. Royle commented that her younger brother is not ready financially and she would like to build now.
Ms. Erwin questioned the existing cottage at the property rear. Ms. Royle indicated that she shares the use of the cottage with her brothers.
Milton Pommeranz was sworn in by Chairman Baugh. Mr. Pommeranz indicated that he represents the trust that is for the lot to the northwest. Mr. Pommeranz noted that the lots are small and indicated that the solution is to either build one (1) house or buy another lot. Mr. Pommeranz noted that contractors would need to trespass on the lot when building the house and that the property owners would not grant access to their lot.
The Board discussed options with the applicant, such as side by side duplex or two story duplex. Ms. Erwin suggested turning the home so that the second home to be built would be behind the first home with an increase in height.
Chairman Baugh closed discussion from the floor and Mr. Blackburn suggested the applicants review different options.
Rebecca Jessen made a motion to table Case #157914 and have the applicants review and consider design options. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Reorganization
Doug Blackburn made a motion that the following slate of officers be approved for 2023:
Bryan Baugh Chairman
Jack Zeigler Vice-Chairman
` Sandra Erwin Secretary
The motion was seconded by Rebecca Jessen. Motion passed.
Old Business
No old business to conduct.
Other Business
Mr. Bickley provided the 2023 meeting schedule and the 2022 Zoning Report. Mr. Bickley also noted that a PUD has been submitted for the property at 1217 NE Catawba Road.
Approval of Minutes – December 14, 2022
The meeting minutes from the December 14, 2022 meeting was mailed to each member. Doug Blackburn moved to approve the December 14, 2022 meeting minutes. The motion was seconded by Sandra Erwin. Motion passed.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Brian Caldwell. The meeting was adjourned at 7:01 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary