MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
APRIL 12, 2023
Attendees
Heather Weilbacher Tom Weilbacher
Jerilyn Royle Joe Royle
Eric Hummel Art Stone
Tina Stone Wood Holbrook
Vice Chairman Jack Zeigler 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 Flint Heidlebaugh. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were also in attendance. Vice Chairman Zeigler read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.
New Business
Case #157937 Arthur & Tina Stone
Secretary Sandra Erwin read the case facts. The applicants propose to replace the existing accessory structure with a new accessory structure. The applicants are requesting the reduction of the side yard (south side) and rear yard setbacks from five feet (5’) to one (1) foot and exceed the maximum building height of fifteen feet (15’) to 18’ 6”. The property is located at 3079 N. Arthur Drive, also known as Lot 24 of Lemmerman Meadows Subdivision. The property is located in the “R-3” Residential District.
No Board member had a conflict.
Arthur Stone was sworn in by Vice Chairman Zeigler. Mr. Stone indicated that the proposal is to replace the existing 12’ x 16’ shed, which is approximately thirty-seven years old, with a 24’ x 22’ garage. The garage would be in the same location as the shed.
Vice Chairman Zeigler questioned the height. Mr. Stone commented that the garage is barn style with a loft which is needed for storage. Mr. Stone noted that the property was acquired in 2006 as a seasonal home; however, the home is now the full-time home. As a result, storage is an issue. If constructed, two (2) rental storage units would no longer be needed.
Vice Chairman Zeigler questioned utilities. Mr. Stone indicated that the garage would be serviced by electric, but no plumbing and no living space.
Vice Chairman Zeigler commented on gutters and downspouts. Mr. Stone indicated that gutters and downspouts will be installed.
Brian Caldwell questioned if Mr. Stone owned the vacant lot to the south. Mr. Stone noted that he does not own the lot. Mr. Caldwell questioned if the lot was surveyed. Mr. Stone indicated that the lot was not surveyed and Mr. Stone explained that he worked off his neighbors lot pin and measured to his lot corners.
Mr. Stone commented that he talked with the lot owner last weekend and he was okay with the garage location.
Flint Heidlebaugh questioned the electrical wires. Mr. Stone commented that he has talked with a representative from Ohio Edison, who is looking into the issue and when measured, the cross piece on the existing pole is higher than originally anticipated.
Doug Blackburn expressed a concern with the rear yard setback and noted that the other lot owners are back further off their lot line. Mr. Blackburn expressed concern with being out of alignment with the other backyards. Mr. Blackburn also questioned the overhang. Mr. Stone was not sure about an overhang. Mr. Bickley indicated that measurement is from the foundation, unless the overhang exceeds eighteen inches (18”). Mr. Blackburn questioned if the garage could be shorten to allow the garage to be an additional couple feet off the rear property line. Mr. Stone would prefer to stay with the proposed dimensions so that he would be able to park his truck in the garage.
Vice Chairman Zeigler noted that the garage could be relocated two feet (2’) closer to the home, which would result in the garage being three feet (3’) off the house.
Ms. Erwin read an email from John Brewer, Vice President of Lemmerman Meadows HOA, approving the garage location.
Vice Chairman Zeigler closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 5, and 7 by a 5 – 0 vote; agreed with the applicant on Item 3 by a 4 – 1 vote; agreed with the applicant by a 3 – 2 vote on Item 4; and disagreed with the applicant on Items 2 and 6 by a 5 – 0 vote.
Sandra Erwin made a motion to approve Case #157937 and amend the rear yard setback request from five feet (5’) to three feet (3’). The side yard setback remains at one (1) foot, the building height is 18’ 6” and the distance from the house reduces from five feet (5’) to three feet (3’). The motion was seconded by Flint Heidlebaugh. The motion was approved by Board members Brian Caldwell, Flint Heidlebaugh, Sandra Erwin. Doug Blackburn voted against the motion. Vice Chairman Zeigler did not vote.
Case #157941 Wood & Deb Holbrook
Secretary Sandra Erwin read the case facts. The applicants propose a 3’ x 10’ addition to the existing deck and are requesting the reduction of the side yard (south side) setback from five feet (5’) to three feet (3’) and exceed the lot coverage requirement of 41.5% to 42.87%. The property is located at 1394 N. McCloy Avenue, also known as Lot 4 of McCloys Subdivision. The property is located in the “R-4” Residential District.
No Board member had a conflict.
Wood Holbrook was sworn in by Vice Chairman Zeigler. Mr. Holbrook commented that the deck is on the south side of the property and he is replacing the materials on the existing deck. The request is a 3’ x 10’ addition for a grill and patio furniture. Mr. Holbrook indicated that the south side neighbor was okay with the request.
Mr. Blackburn questioned steps. Mr. Holbrook indicated that steps would not go further out to the south side.
Vice Chairman Zeigler 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, 2, 3, 4, 5, and 7; and disagreed on Item 6 by a 5 – 0 vote.
Doug Blackburn made a motion to approve Case #157941 and the motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Vice Chairman Zeigler did not vote.
Case #157942 Eric & Jenny Hummel
Sandra Erwin read the case facts. The applicants are replacing an existing shed with a newer accessory building. The applicants are requesting a reduction of the side (north side) and rear yard setbacks from five feet (5’) to one (1) foot. The property is located at 3103 N. Dorothy Drive, also known as Lot 8 of Lemmerman Meadows Subdivision. The property is located in the “R-3” Residential District.
Ms. Erwin read an email from John Brewer, Vice President of Lemmerman Meadows HOA, approving the location of the proposed shed.
No Board members had a conflict.
Eric Hummel was sworn in by Vice Chairman Zeigler. Mr. Hummel explained that the existing shed is small and will be replaced with Mr. Stone’s existing shed. Mr. Hummel commented the need for more storage.
Ms. Erwin questioned whether the shed can be moved onto his lot. Mr. Hummel commented that his nephew indicated that he would be able to move it. Mr. Hummel indicated that he would like maximize the back yard and would like to keep it near the lot lines. Mr. Hummel commented that the neighbor owns the fence.
Vice Chairman Zeigler expressed concern with a one (1) foot setback. Mr. Hummel commented that he would not want the shed closer to his deck. Mr. Blackburn questioned if the shed could be moved to the other side of the lot. Mr. Hummel indicated it could, but it may interfere with his neighbor’s ability to get into his shed.
Tom Weilbacher and Heather Weilbacher were sworn in by Vice Chairman Zeigler. Mr. Weilbacher noted that the fence is approximately on (1) foot off the property line.
Vice Chairman Zeigler noted that the shed would be closer to the property line than the other property owners. Mr. Blackburn questioned the setback for the existing shed. Mr. Hummel indicated that the shed is approximately 1½’ to 2’ off the lines. Vice Chairman Zeigler indicated that he would like the setbacks for the side and rear yard be at three feet (3’). Mr. Weilbacher was okay with the modification.
Vice Chairman Zeigler closed discussion from the floor.
The Board reviewed the finding of fact. The Board agreed with the applicant on Items 1, 2, 3, 4, 5, and 7 by a 5 – 0 vote and disagreed with the applicant on Item 6 by a 5 – 0 vote.
Doug Blackburn made a motion to approve Case #157942 and modify the side and rear yard setbacks from one (1) foot to three feet (3’). The motion was seconded by Sandra Erwin. Motion passed with all members voting in the affirmative. Vice Chairman Zeigler did not vote.
Old Business
Case #157914 Jerilyn Royle Trustee, etal
Doug Blackburn made a motion to remove the case from the table and the motion was seconded by Sandra Erwin. Motion passed.
Sandra Erwin read the case facts. The applicants propose to amend the application by constructing a two family dwelling instead of 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 northwest side yard setback to 2.5 feet and the southeast side yard setback to 7.5 feet, reduce the rear yard setback from thirty-five feet (35’) to 24.5’, and exceed the lot coverage requirement from 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.
Ms. Erwin read correspondence from Milton E. Pommeranz.
No Board member had a conflict.
Jerilyn Royle was sworn in by Vice Chairman Zeigler. Ms. Royle noted that the comments from the previous meeting were taken into consideration and after speaking with her brother, the amended application was submitted which resulted in a side by side dwelling with a common wall. The amended proposal provides sufficient space for the driveway. Ms. Royle noted that with a 2.5 foot setback, the distance between the building and Kinn’s home will be ten feet (10’). Ms. Royle also noted that the proposal is not overcrowding since the previous home was 3.5 feet from the side lot line, resulting in a separation of eleven feet (11’).
Vice Chairman Zeigler questioned the history. Ms. Royle noted that the lot was owned by her father and is now owned by herself and her brother. Her brother is not ready to build so the first section of the house will be built and the second section will be built when her brother is financially capable of building, which may be several years from now. Mr. Bickley noted that the original proposal was for two separate single family homes with a zero lot line on both sides and the driveway between the homes. Mr. Bickley also noted that the cottage at the south end of the lot would be removed. Ms. Royle indicated that existing cottage will remain until the second section is built.
Mr. Blackburn commented that with a 2.5 foot side yard setback, the builders will be trespassing on the adjacent property. Mr. Blackburn questioned if the building could be moved over an additional 2.5 feet or the width of the structure narrowed. Ms. Royle noted that the house removed was 3.5 feet off the side yard and the proposal is to go an additional 1.5 feet closer to the property line.
Joseph Royle was sworn in by Vice Chairman Zeigler. Mr. Royle also noted that the old house was 3.5 feet off the property line and it would be difficult to go an additional 1.5 feet off the property line. With twenty feet (20’) building width per unit, it would not be possible to narrow the structure. Mr. Royle also noted that at 2.5 feet, the proposed structure would be ten feet (10’) from the neighbor’s home. Ms. Erwin noted that the Board is not able to consider the neighbor’s 7.5 foot side yard setback. Ms. Erwin indicated that the neighbor could undertake an addition and be five feet (5’) off the side yard.
Mr. Caldwell questioned whether the driveway serviced the back home. Ms. Royle indicated that was correct.
Vice Chairman Zeigler closed discussion from the floor. The Board members suggested that the Kinn side be increased from 2.5 feet to three feet (3’) and the Main side be decreased from 7.5 feet to seven feet (7’).
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 2, 4, and 5 by a 5 – 0 vote; agreed with the applicant on Item 7 by a 4 – 1 vote; and disagreed with the applicant on Items 1, 3, and 6 by a 5 – 0 vote.
Doug Blackburn made a motion to approve Case #157914 as amended and modify the northwest side yard setback from 2.5 feet to three feet (3’) and the southeast side yard setback from 7.5 feet to seven feet (7’). The motion was seconded by Flint Heidlebaugh. Motion passed with all Board members voting in the affirmative. Vice Chairman Zeigler did not vote.
Other Business
No other business to conduct.
Approval of Minutes – March 8, 2023
The meeting minutes from the March 8, 2023 meeting was mailed to each member. Brian Caldwell noted a correction to Tim Jenkins and Vicki Jenkins being sworn in and moved to approve the corrected March 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 Flint Heidlebaugh. Motion passed and the meeting was adjourned at 7:15 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary