Minutes: April 14th, 2010

Catawba Island Township Board of Zoning Appeals

April 14, 2010



The regular meeting of the Catawba Island Township Board of Zoning Appeals was called to order by Chairman Dale VanLerberghe at 7:30 in the conference room. Present were Bryan Baugh, Tom Anslow, Doug Blackburn, Jack DeVore, Sandra Erwin, Jack Zeigler, Pat Cerny, Matt Montowski, Mike Owens, Tim Sacksteder, Joan Sacksteder, Dawn Dunsmore, and Robert Exner. The meeting began with the Pledge of Allegiance followed by the introduction of Board members and a brief overview of the meeting proceedings.

Case #543505 was tabled at the end of the last meeting on March 10, 2010. Jack DeVore and Doug Blackburn were not present to hear information presented at the last meeting. They stepped down and the two alternates, Sandra Erwin and Jack Zeigler replaced them on the Board. Bryan Baugh made a motion to remove Case #543505 from the table, seconded by Jack Zeigler. Bryan Baugh, yes; Tom Anslow, yes; Jack Zeigler, yes; and Sandra Erwin, yes. Case #543505 was removed from the table.

Case # 543505 – Robert Exner – 1310 Northwest Catawba Road, Lot 20 – R-3
The area variance is being requested for a 5 foot rear (west) yard setback instead of the required 25 feet, for a raised patio.

Robert Exner said he would like to amend his original variance to request a 5 foot variance from Lot #21, instead of a 25 foot allowance. Dale VanLerberghe asked if anyone in attendance would like to address the board on the case. There was no response. Bryan Baugh asked how high the raised patio would be off the ground. Robert Exner replied 3 feet. Tom Anslow asked if the patio would be masonry. Robert Exner replied patio block not a wooden deck. Dale VanLerberghe asked if the patio would be enclosed or have a roof over it. Robert Exner replied no it would be open.

Dale VanLerberghe closed the discussion to the floor and the Board discussed the case. Tom Anslow suggested if the variance is approved a condition should be added that the area never be covered or enclosed because 20 years from now someone could buy the property and want to enclose the patio. Tom Anslow said he thought it would be too close to be enclosed.

Tom Anslow made a motion to approve Case #543505 for a variance of 5 feet from the rear (west) yard instead of the 25 feet required for a deck or raised patio, approximately 3 feet high, never to be covered or enclosed. The motion was seconded by Sandra Erwin. Tom Anslow, yes; Sandra Erwin, yes; Bryan Baugh, yes; and Jack Zeigler, yes. Motion approved. Dale VanLerberghe informed Robert Exner the meeting to approve the minutes will be May 12 and the Zoning Certificate can be picked up in Pat Cerny’s office on Friday, May 14.
Board members Jack DeVore and Doug Blackburn returned to the Board to hear the next case.

Case # 543523 – Mike Owens – 5545 E. Mabel Drive, Lot 12, Eastview – “A” Zoning
An area variance is being requested for 44% coverage, 30% is the allowable coverage. The owner would like to install an overhang over the porch in the front and replace the existing carport cover.

Mike Owens showed the Board a drawing of the house. He said they purchased the house about a month ago and are totally renovating the house. Mike Owens said he has spoken with his neighbors and has received no opposition to his plans. He said it should not be obstructing a view as it is going to be open. Dale VanLerberghe asked how far out the overhang was from the post. Mike Owens said it was one foot. Doug Blackburn asked about the width of the patio. Mike Owens said overall the patio was 17 feet with the purpose of taking it from the existing front door to the new driveway going in and step down from there to the driveway. Dale VanLerberghe asked how high the porch would be. Mike Owens said it would be about one and a half steps extending off the face of the house 6 foot.

Mike Owens said there is an existing carport he would like to replace. He said he is not exceeding the setback, he just wants to tear down the existing carport and replace it with a new one staying within the 5 foot setback and reverse the gable. Mike Owens said the new carport will actually be shorter, front to back, by about two or three feet and he is going to the 5 foot setback to match it in with the concrete on the garage. Mike Owens said the existing carport is about two and a half feet short of the 5 foot setback.

Dale VanLerberghe led a lengthy discussion between Mike Owens and Board members concerning the proposed front porch and replacing the existing carport.

Tom Anslow asked why a setback was not mentioned in the request. Dale VanLerberghe said a setback for the front porch would need to be added to the request in addition to the coverage issue. Mike Owens added a 12 foot front yard setback to the request.

Dale VanLerberghe closed the discussion to the public and Board members discussed the case. Board members agreed they had concerns with the coverage request but generally felt the enhancements would improve the overall appearance of the home and therefore improve the neighborhood.

Bryan Baugh made a motion to approve Case #543523 with a 12 foot front yard setback and a stipulation that no part of the request shall be enclosed (i.e. front porch or carport) as presented in the drawings. Jack DeVore seconded the motion. Bryan Baugh, yes; Jack DeVore, yes; Tom Anslow, yes; and Doug Blackburn, yes. Motion approved. Dale VanLerberghe informed Mike Owens the meeting to approve the minutes will be May 12 and the Zoning Certificate can be picked up in Pat Cerny’s office on Friday, May 14.


Case # 543525 – Joan Sacksteder – 5424 Eastview, Lot 29 – “A” Zoning
An area variance is being requested for a sunroom in the front yard with a front yard setback of 35 feet instead of the required 50 feet in the “A” District.

Tim Sacksteder presented a drawing of the proposed three season room and said they had discussed the addition with their neighbors across the street and neighbors on both sides. Tim Sacksteder said the neighbors had no issues with the proposed sun room.

Dale VanLerberghe questioned Tim Sacksteder on his setback calculations. Tom Anslow agreed and said the measurements do not add up as presented. Dale VanLerberghe suggested to Tim Sacksteder that he be certain of the measurements before the Board takes a vote because if the Board passes the request for 35 feet and it ends up actually 31 feet he would be in violation of the zoning certificate. Tim Sacksteder agreed and said he would like to recheck his measurements.

Dale VanLerberghe said Case #543525 would be continued at the May 12 meeting.

Bryan Baugh made a motion to approve the meeting minutes from February 10 as presented, seconded by Tom Anslow. Bryan Baugh, yes; Tom Anslow, yes; Jack DeVore, yes; and Doug Blackburn, yes. Motion approved.

Bryan Baugh made a motion to approve the meeting minutes from March 10 as presented, seconded by Jack Zeigler. Bryan Baugh, yes; Tom Anslow, yes; Jack Zeigler, yes; and Doug Blackburn, abstain. Motion approved.

Jack DeVore made a motion to adjourn the meeting seconded by Sandra Erwin. The motion was carried unanimously. Meeting adjourned.



__________________________________
Chairman

ks