MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MARCH 13, 2024
Attendees
Patty Wildman D. J. Litz
Philip King Les Linhart
Karen Linhart Maira Hrovatich
John Hrovatich Ken Spero
Michael Prosser Timothy Runyon
Kathryn Orovets Jack Madison
Chris Hammer Mary Jane Porozynski
Linda Raua Robert Hammer
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Brian Caldwell, Rebecca Dubber, Bill Baker, Doug Blackburn. 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 #158850 Patricia Schraidt, Trustee
Todd Bickley read the case facts. The applicant has obtained approval from the Ottawa Regional Planning Commission for an eight (8) lot subdivision known as Peachtree Subdivision. The applicant is requesting an area variance to reduce the minimum lot width from 150 feet to 145.60 feet so that a total of ten (10) lots may be created. The subdivision is located in Section 3, Lots 3 & 4 of Catawba Island Township at 2415 NW Catawba Road. The property is zoned “A” Residential Low Density District.
No board member had a conflict.
Michael Prosser was sworn in by Chairman Baugh. Mr. Prosser noted that an eight (8) lot subdivision (Peachtree Subdivision) has been created and due to interest, the owner believes that it would be better if ten (10) lots would be created. Mr. Prosser indicated that each lot will have over one (1) acre of land and Mr. Prosser commented that the overall width of the parcel is about fifty feet (50’) short to provide the ten (10) lots with 150 feet of lot width.
Doug Blackburn questioned if the two lots could be added without the variance. Mr. Prosser talked about combining lots and Mr. Bickley noted that the lots could not be split in half since the rear lots would not have frontage on a platted street. Mr. Bickley commented that a variance is required to reduce the lot width so that two (2) additional lots could be created.
Rebecca Dubber questioned the need. Mr. Prosser noted that the developers would like to add the two (2) lots and they did not think about having ten (10) lots initially. Mr. Prosser indicated that the developers have put in a lot of improvements. Ms. Dubber questioned if the need is financial. Mr. Prosser commented that it is financial; however, the developer has been advised that the lots are too big. Ms. Dubber commented that it is a challenge to sell eight (8) lots versus ten (10) lots. Mr. Prosser suggested that it can be and Mr. Prosser commented on the improvements that have been installed and the economics was not working. Ms. Dubber commented that it has been a challenge to sell the eight (8) lots versus selling (10) lots. Mr. Prosser indicated that it has been a challenge.
Bill Baker questioned the minimum and maximum setbacks. Mr. Prosser reviewed the minimum setbacks. Mr. Bickley noted that Mr. Baker wondered if the homes would be in line or some set further off the road than others.
Timothy Runion was sworn in by Chairman Baugh. Mr. Runion indicated that the minimum front and rear yard setbacks were fifty (50’) and the homes cannot be built within the drainage areas and they may not be exactly in line. There has been interest in the lots, but the majority of the possible buyers expressed that the eight (8) lots were too big, ten lots would make the lots smaller. Mr. Baker commented that if approved, he would not vote in favor of side yard variances.
Jack Madison was sworn in by Chairman Baugh. Mr. Madison commented that with two (2) additional lots, additional runoff would be created. Mr. Prosser noted that the County Engineer will review the revised drainage plan. Mr. Prosser believes that the existing drainage plan should be able to handle the additional runoff.
Ms. Dubber noted that the property was a greenfield site, that new development should meet the current requirements and the Board should not be granting variances.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 3, 4, 5, and 6 by a 5 – 0 vote; agreed with the applicant by a 4 – 1 vote on Item 7; and agreed with the applicant by a 3 – 2 vote on Item 2.
Doug Blackburn moved to approve Case #158850 as submitted. The motion was seconded by Bill Baker. The motion passed with Brian Caldwell, Bill Baker, and Chairman Baugh voting in the affirmative. Doug Blackburn and Rebecca Dubber voted against the motion.
Case #158855 Kenneth Spero
Todd Bickley read the case facts. The applicant is proposing a garage addition and is requesting an area variance to reduce the rear yard setback from forty feet (40’) to twenty-two feet (22’). The property is located at 2268 NW Catawba Road and is zoned “A” Residential Low Density District.
No Board member had a conflict.
Kenneth Spero was sworn in by Chairman Baugh. Mr. Spero commented that he had hired Lee Short to design the office addition and Mr. Spero also considered a garage addition. The proposed garage would be fifty feet (50’) in depth which will allow for the storage of Mr. Spero’s boat and other items. The addition would tie into the existing building. As a result, the forty (40) foot setback would not be met.
Chairman Baugh questioned what the addition will be used for. Mr. Spero indicated the storage of personal items. Chairman Baugh questioned drainage. Mr. Spero noted that water from the downspouts would go into an off-site pit.
Mr. Baker noted that Mr. Spero owns a construction company and he questioned the number of employees. Mr. Spero commented that he does not have employees and that he hires subcontractors. The subcontractor’s equipment and material are not stored on his property.
Ms. Dubber noted that Mr. Spero would like to maintain the existing parking area. Ms. Dubber noted that the parking area is huge and commented that the building could be moved closer to the road so that the setback would be met. Ms. Dubber commented that there is ten (10) feet between the proposed garage and parking area that is not concrete and that there is space to move it forward. Mr. Spero noted that underground electrical service goes through the ten (10) foot area to feed the office. Mr. Spero also noted that delivery trucks use the parking area for deliveries and for a turnaround. Mr. Spero indicated that the existing concrete is six (6) inches thick with rebar.
Mr. Spero noted that ninety percent (90%) of the office is used for real estate and ten percent (10%) for construction. Mr. Spero indicated that he rents out the house. He has rented the house to those who sold their property and are waiting for the new home to be built.
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, and 5; agreed with the applicant by a 4 – 1 vote on Item 7; agreed with the applicant by a 3 – 2 vote on Item 2; and disagreed by a 5 – 0 vote on Item 6.
Doug Blackburn made a motion to approve Case #158855 as submitted. The motion was seconded by Bill Baker. Motion passed with Brian Caldwell, Doug Blackburn and Bill Baker voting in the affirmative. Rebecca Dubber voted against the motion. Chairman Baugh did not vote.
Case #158860 Christopher Hammer
Todd Bickley read the case facts. The applicant proposes to install an open air covered carport to the existing home at 5366 E. Starboard Drive. The applicant is requesting an area variance to reduce the rear yard setback from twenty-five (25) feet to fifteen feet (15’), reduce the setback of the carport to the existing shed from five feet (5’) to 4’ 6”, and exceed the lot coverage requirement from thirty-six percent (36%) to forty-seven percent (47%). The property is zoned “R-3” Residential District.
No Board member had a conflict.
Christopher Hammer was sworn in by Chairman Baugh. Mr. Hammer noted that he has a small cottage on a small lot and he would like to install a carport for the car, a dinghy in the winter months, and a place for family gatherings.
Chairman Baugh questioned if Mr. Hammer owned the adjacent property to the east. Mr. Hammer indicated that he did. Chairman Baugh questioned if the shed would stay. Mr. Hammer indicated that it would stay.
Mr. Hammer indicated that the carport would tie into the existing house and have the same profile. The three (3) sides would be open.
Ms. Dubber questioned if a door exists where the carport will be installed. Mr. Hammer commented that a sliding door is in place. Ms. Dubber commented that the lane is narrow and that the carport could improve the safety of the area.
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, 6, and 7; and disagreed with the applicant by a 3 – 2 vote on Item 2.
Rebecca Dubber made a motion to approve Case #158860 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158861 John & Maira Hrovatich II
Todd Bickley read the case facts. The applicants propose a house and garage addition and are requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to twenty-nine feet (29’), reduce the rear yard setback from thirty-five feet (35’) to twenty-four feet (24’), and reduce the side yard setback from eight feet (8’) to two feet (2’). The property is located at 5156 E. Charles Lane and it is zoned “R-2” Residential District.
No Board member had a conflict.
Mr. Bickley read correspondence from the following: Dennis & Joyce Nelson, Sandra M. Frey, Alan & Dianne Wilhelm, William T. Pancoast, Katie Seabolt, Lonnie Rhodes, and Brad & Monica Bankowski.
John Hrovatich II was sworn in by Chairman Buagh. Mr. Hrovatich provided copies of side elevations for the Board review. Mr. Hrovatich indicated that he has been working with Lee Short who will put together the drawings. Mr. Hrovatich reviewed the square footage of his lots and the square footage of the adjacent lots and noted that he has the smallest lot in the subdivision. Mr. Hrovatich noted that he is renting a large storage unit and the garage would not be used for commercial purposes. The garage would be used for personal storage, which includes a boat and trailer (30’). Access to the garage would be from the front porch, side access from the house, and a glass slider at the rear.
Chairman Baugh questioned if the additions have been approved by the HOA. Mr. Hrovatich indicated that he has not yet met with the HOA. Chairman Baugh noted that the garage height would be at twenty feet (20’) and Mr. Hrovatich indicated that the house height is fifteen feet (15’). Chairman Baugh questioned drainage and Mr. Hrovatich noted he would tie into an existing line that goes from Charles Lane to Gardner Road and then to West Harbor. Chairman Baugh questioned the exterior. Mr. Hrovatich indicated that the front of the house would be white vinyl with vertical vinyl siding on the garage.
Mr. Baker questioned the boat size. Mr. Hrovatich indicated that the boat size is a twenty-one (21) foot center counsel.
Ms. Dubber commented on why a shed when building a large garage. Mr. Hrovatich noted that he would prefer to keep the lawn mower and weed whacker in the shed versus the garage.
Ms. Dubber noted the garage roof peak above the existing home and that it sticks out in front of the home. She noted that the garage could be moved back to be in line with the front of the house. Mr. Hrovatich commented that the garage is six (6) foot in front of the house and that he would like to keep in line with the lean to. Ms. Dubber indicated that bringing the garage back to the house would reduce the garage by fifteen feet (15’).
Lesley John Linhart was sworn in by Chairman Baugh. Mr. Linhart commented that his father helped craft the HOA regulations. Mr. Linhart indicated that the garage is too big and too long and that it is not advantageous to the neighborhood. The improvement needs to be done within the scope of the HOA regulations.
Philip King was sworn in by Chairman Baugh. Mr. King is Vice-President of the HOA and other than a site plan, is not privy to the plans. The Board provided Mr. King with Mr. Hrovatich’s handout.
Chairman Baugh suggested that the application be tabled so than the applicant can talk to his neighbors and meet with the HOA.
Mr. Hrovatich noted that the front yard setback on one corner is thirty-five feet (35’) while the other corner is twenty-nine feet (29’). Mr. Baker commented that the garage could be narrowed to sixteen feet (16’).
Brian Caldwell made a motion to table the application. The motion was seconded by Rebecca Dubber and the motion passed.
Mr. Bickley informed the audience that the application will be placed under Old Business and the next regularly scheduled meeting is 6:00 p.m., Wednesday, April 10, 2024.
Old Business
No old business to conduct.
Other Business
No other business to conduct.
Approval of Minutes – February 14, 2024
The meeting minutes from the February 14, 2024 meeting was mailed to each member. Doug Blackburn moved to approve the February 14, 2024 meeting minutes. The motion was seconded by Rebecca Dubber. Motion passed.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Rebecca Dubber. Motion passed and the meeting was adjourned at 7:29 p.m.
Respectfully submitted,
______________________ ______________________________
Bryan Baugh, Chairman Todd Bickley, Acting Secretary