MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MARCH 8, 2023
Attendees
Leslie Dundore Paul Dundore
Tim Jenkins Vicki Jenkins
Jerry Skoch Kathleen Skoch
Tab Smith Sharon Smith
Charlie Johnson Art Stone
Mary Beth Minnick Scott Minnick
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 #157925 Albert & Amanda Sminchak
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing home and install a new home and relocate the existing accessory building. The applicants are requesting the reduction of the rear yard setback from thirty-five feet (35’) to 32.5 feet for the new home and the reduction of the accessory building rear yard setback from five feet (5’) to two feet (2’). The property is located at 5417 Greenview Drive, also known as Lot 13 of Greenview Allotment. The property is located in the “C-4” Recreational Commercial District.
No Board member had a conflict.
Charlie Johnson was sworn in by Chairman Baugh. Mr. Johnson indicated that the accessory building will be relocated and a new home, containing 1,200 square feet will be placed on the lot. Mr. Johnson noted that the accessory building will have a two (2) foot setback. Mr. Johnson commented that the new home will be a tremendous upgrade to the neighborhood.
Chairman Baugh questioned if the new home will be a mobile home. Mr. Johnson indicated that the new home will be a modular unit with a new foundation.
Mr. Blackburn questioned the Florida Room and Mr. Johnson commented that it will be a seasonal, enclosed room, but not heated.
Chairman Baugh questioned if steps are proposed. Mr. Johnson noted that steps will be in place for the Florida Room and there will be no exit to the east. Mr. Johnson was not sure about steps to the rear. Chairman Baugh questioned the grade. Mr. Johnson indicated that the first floor would be a block and a half above the grade. Chairman Baugh noted that steps may be required in the rear and suggested that an additional three feet (3’) be added to the variance request.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 2, 3, 4, 5, 6, and 7 by a 5 – 0 vote and disagreed with the applicant on Item 1 by a 4 – 1 vote.
Brian Caldwell made a motion to approve Case #157925 and amend the rear yard setback request from 32.5 feet to 29.5 feet. The motion was seconded by Rebecca Jessen. The motion was approved by all Board members. Chairman Baugh did not vote.
Case #157926 Tab & Sharon Smith
Secretary Sandra Erwin read the case facts. The applicants propose to remove the existing structure and construct a new single family dwelling. The applicants are requesting the reduction of the front yard setback from twenty-one feet (21’) to 7’ 8”, the reduction of the rear yard setback from twenty-five feet (25’) to 20’ 4”, the reduction of the minimum floor area of 1,200 square feet to 1,093 square feet, and exceed the lot coverage requirement of thirty-six percent (36%) to 39.43%. The property is located at 2899 Lagoon, also known as Lot 100 of Harbor Estates Subdivision. The property is located in the “R-3” Residential District.
No Board member had a conflict.
Tab Smith was sworn in by Chairman Baugh. Mr. Smith commented that the garage will be torn down and a new dwelling will be built. The structure will be a summer home with the ability to store a boat and jet skis. Mr. Smith indicated that he would like to maintain green space and is planning to build a one-story home with approximately 1,100 square feet of floor area. Mr. Smith noted that DGL will undertake a survey prior to building the home and that he intends to keep the front of the house in line with the other existing homes on Lagoon.
Chairman Baugh questioned the front yard. Mr. Bickley explained that the front yard is Lagoon Drive and the rear yard fronts the water.
Ms. Jessen questioned the structure as shown on the aerial photo. Mr. Bickley identified the property lines and the driveway, which was not part of the structure.
Mr. Smith commented that the lot at one time was combined with the adjacent lot. The lot was sold off as a separate lot with an accessory building. Mr. Bickley commented that the proposal would eliminate a potential zoning violation.
Chairman Baugh closed the meeting from the floor.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 4 – 1 vote on Item 1 and by a 5 – 0 vote on the remaining items.
The Board discussed the reduction of the minimum floor area and reviewed the site plan with Mr. Smith. The Board and Mr. Smith agreed that an approximately 100 square feet of floor area could be added to the building.
Sandra Erwin made a motion to approve Case #157926 with the condition that the home will comply with the minimum floor area requirement of 1,200 square feet. The motion was seconded by Rebecca Jessen. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #157914 Jerilyn Royle Trustee, etal
No additional information was submitted.
Case #157922 Timothy Jenkins
Rebecca Jessen made a motion to remove Case #157922 from the table. The motion was seconded by Sandra Erwin. Motion passed.
Tim Jenkins and Vicki Jenkins were sworn in by Chairman Baugh. Mr. Jenkins commented that he talked with the fire chief who visited the site and indicated that there would be no problem with a fire truck turning onto Byrneal Drive from Pine Drive. Mr. Jenkins indicated that the fire chief noted that there were worse intersections in the township. Mr. Jenkins also noted that there would be zero line of sight issues. Mr. Jenkins provided for the Board’s review a survey and house plans. The survey showed the location of the proposed home and the dashed line reflected the existing home. The survey also identified the distances of the proposed home from the property lines.
Secretary Sandra Erwin reviewed the survey and identified the setback reductions as referenced on the survey’s site plan.
Mr. Jenkins indicated that the proposed house remains the same size so the lot coverage would remain at 40.1%. Mr. Bickley noted that once the existing home is removed from the lot, the new home will need to meet the current setbacks even though the home may be located within the existing foundation. If setbacks cannot be met, then variances are required.
Ms. Jessen reviewed the sight line issue.
Ms. Jessen questioned the porch. Mr. Jenkins noted that the porch is a 4-season room and is part of the house.
Chairman Baugh questioned steps. Mr. Jenkins indicated there will be no steps. A door will be located on the Pine Drive side of the home.
Gerald Skoch was sworn in by Chairman Baugh. Mr. Skoch noted that he is off of Pine Drive. Mr. Skoch questioned if the home would be one story. Mr. Jenkins indicated that the home would be one story.
Mr. Skoch commented that the lot has been a subpar piece of property for over fifty (50) years. The owner did nothing to maintain the property and the most recent owner attempted improvements but was unsuccessful. Mr. Skoch wondered if the variance is not granted, what would happen next, would anything get granted. Mr. Skoch noted that a usable structure needs the required variances and Mr. Skoch indicated that the sight line would not be affected.
Mr. Skoch informed the Board that the Blakeslee’s have the same sentiments as himself.
Mr. Bickley informed the Board of recent emails from Paul Perlasky.
The Board closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Item 1 by a 3 – 2 vote; disagreed with the applicant by a 5 – 0 vote on Item 2; agreed with the applicant by a 5 – 0 vote on Items 3, 4, 5, 6, and 7.
Doug Blackburn made a motion to approve Case #157922 with the modifications as shown on the site plan provided by Barnes Surveying. The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Other Business
No other business to conduct.
Approval of Minutes – February 8, 2023
The meeting minutes from the February 8, 2023 meeting was mailed to each member. Rebecca Jessen moved to approve the February 8, 2023 meeting minutes. The motion was seconded by Sandy Erwin. Motion passed.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Rebecca Jessen. Motion passed and the meeting was adjourned at 6:55 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary