MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
APRIL 10, 2024
Attendees
Robert Jessberger Sandra Jessberger
Wood Holbrook Paul Gruttadauria
Michael Linscott John Hrovatich
Maira Hrovatich DJ Litz
Tom Holthaus Angie Holthaus
Keith Klesh Les Linhart
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 and Alternate Michael Schenk. 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 #158877 Paul & Christine Gruttadauria
Todd Bickley read the case facts. The applicants propose to install a new home and are requesting an area variance to reduce the front yard setback from thirty feet (30’) to twenty feet (20’) and exceed the lot coverage requirement from thirty-nine percent (39%) to 44.5%. The property is located at 5608 E. Farrow Avenue, also known as Lot 13 of Harbor Park Marinas, Inc. Plat No. 1. The property is zoned “R-4” Residential District. Mr. Bickley explained that the previous property owner (Joe Walby) had proposed a new home and obtained an area variance to reduce the rear yard setback from twenty-five feet (25’) to thirteen feet (13’) and reduce the side yard setback (McCloy Road side) from twenty-five feet (25’) to four feet (4’). Mr. Walby’s home proposal had the home ten feet (10’) from the west side lot line. Mr. Gruttadauria proposes to maintain the thirteen (13) foot rear yard setback, be five feet (5’) off the McCloy Road side lot line and five feet (5’) off the west side property line. Mr. Bickley distributed a photo of the Mr. Gruttadauria’s current home on Anchor Lane that he proposes to relocate at 5608 E. Farrow Avenue.
No board member had a conflict.
Paul Gruttadauria was sworn in by Chairman Baugh. Mr. Gruttadauria provided an aerial to show the two (2) lots he owns on Anchor Lane and photographs of the home to be relocated. Mr. Gruttadauria commented that the existing home will be relocated to the Farrow Avenue lot and he will build a new home at the Anchor Lane location. The sliding doors on the existing home will be the front of the house with a deck, similar to what is now in place, extending off the home.
Brian Caldwell questioned the foundation. Mr. Gruttadauria indicated that the home will be placed on a six inch (6”) slab and with split face brick along the sides of the home. Mr. Caldwell questioned utilities. Mr. Gruttadauria noted that the utilities will be underground and up through the foundation. The existing electric pole and box are coming out.
Chairman Baugh questioned if HOA approval have been obtained. Wood Holbrook was sworn in by Chairman Baugh. Mr. Holbrook indicated that Mr. Gruttadauria has not obtained HOA approval and Mr. Holbrook asked that the application be tabled until next month. Mr. Holbrook noted that the Compliance Committee does not officially meet until May and Mr. Gruttadauria’s request was made in March.
Rebbeca Dubber questioned the deck’s height. Mr. Gruttadauria commented that the deck will be about 3 – 3½ feet in height with a rope railing. Mr. Gruttadauria noted that there will not be a hot tub and no large bushes around the deck.
Chairman Baugh questioned if a survey has been done. Mr. Gruttadauria indicated that a survey was not completed and the poles were used for the measurements.
Bill Baker questioned whether the deck’s height could be reduced or a landing with two (2) steps could be located adjacent to the sliding glass doors. Mr. Gruttadauria commented that is a possibility.
Doug Blackburn questioned the sun room elevation. Mr. Gruttadauria indicated that it would be at slab level height.
Mr. Holbrook commented on the deck and the street intersection. Chairman Baugh noted that sight line would not be an issue for the intersection.
Keith Klesh was sworn in by Chairman Baugh. Mr. Klesh noted that he lives next door (west) of the lot and that he did talk to Mr. Gruttadauria this past Sunday. Mr. Klesh commented that he wanted to verify the house and deck location. Chairman Baugh questioned the front house location versus the homes on the south side of Farrow. Mr. Gruttadauria noted that the house would line up with the existing homes and that the deck would extend ten feet (10’) out from the front of the house.
Chairman Baugh questioned time line. Mr. Gruttadauria indicated that he is working with Mr. Shortridge to move the house and he would like to have it completed by Memorial Day. If not by Memorial Day, then he would have the home relocated after Labor Day weekend.
Chairman Baugh indicated that he would like to have a survey and have HOA decision. Ms. Dubber also recommended the deck height be verified along with the railing system. Deck height discussion followed and Mr. Blackburn noted that if two feet (2’) in height, railings would not be required by the building code.
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 agreed with the applicant by a 3 – 2 vote on Item 2.
Rebecca Dubber moved to approve Case #158877 contingent on the following conditions, which are to be submitted to the zoning inspector prior to the issuance of a zoning certificate: verification that the deck will not exceed two feet (2’) in height, the submission of a survey, and HOA approval verification. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #158879 Robert & Sandra Jessberger, Jr.
Todd Bickley read the case facts. The applicants propose to install a new home and are requesting an area variance to reduce the front yard setback from thirty feet (30’) to twenty feet (20’) and exceed the lot coverage requirement from thirty-nine percent (39%) to 44.5%. The property is located at 5608 E. Farrow Avenue, also known as Lot 13 of Harbor Park Marinas, Inc. Plat No. 1. The property is zoned “R-4” Residential District.
No Board member had a conflict.
Mr. Bickley read correspondence from Kenneth & Jo Ellen Ruehle and Lisa Bragg.
Robert Jessberger and Sandra Jessberger were sworn in by Chairman Baugh. Mr. Jessberger noted that they are long time Catawba Island Township residents and the proposed home is similar to the Ruehle’s home, who is the adjacent property owner to the east. The home will be 1½ stories and Mr. Jessberger provided an aerial view showing the lots and the existing homes. Mr. Jessberger showed the Board Jo Ellen Ruehle’s zoning approval, which shows her house at four inches (4”) off the front property line. The aerial also shows the Ruehls’s boat, which is stored in the right-of-way. Mr. Jessberger commented that the home is in line with the existing homes and he proposes to shift the home to the west eleven feet (11’) off the Ruehle’s property line.
Mr. Bickley commented that the Ruehle’s file does contain the drawing showing the house to be four inches (4”) off the front property line. However, the Ruehle’s variance hearing was continued and another site plan is in the file which shows the house to be four feet (4’) off the front property line. A review of the meeting minutes indicates four feet (4’).
Chairman Baugh reviewed the canal side. Mr. Jessberger noted that the proposed home is south of the neighbor’s existing home and there is no line of sight issue along the canal. Mr. Jessberger noted that the balcony is thirty-three feet off the property line.
Mr. Baker questioned the patio. Mr. Jessberger commented that there will be a patio and that it is eight feet (8’) in depth. Mr. Jessberger also noted that the rear yard measurement is to the property line, which is not the waterline. If measuring from the waterline, the setback increases to thirty-five feet (35’).
Ms. Dubber questioned if the home could be moved two feet (2’) towards the channel. Mr. Jessberger indicated that it could. Ms. Dubber questioned the garage door location and Mr. Jessberger commented that eighteen feet in width and the man door was closest to the east property owner.
Sandra Jessberger noted that the neighbors have used their property to back a boat onto there property and that the one (1) foot setback is from the property line not the road’s edge.
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, and 7; agreed with the applicant by a 4 – 1 vote on Item 2; and disagreed by a 5 – 0 vote on Item 6.
Rebecca Dubber made a motion to approve Case #158879 as submitted. The motion was seconded by Doug Blackburn. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #158880 Thomas Holthaus
Todd Bickley read the case facts. The applicants propose to install a roof addition to cover the existing patio with the sides to remain open. The location is 5715 E. Commodore Drive, also known as Lots 73 & 74 of Harbor Estates Subdivision. The applicants are requesting an area variance to reduce the front yard setback from twenty-eight feet (28’) to eighteen feet (18’) and to reduce the side yard setback (Hummingbird Drive side) from twenty-five feet (25’) to twenty-three feet (23’). The property is zoned “R-3” Residential District.
Due to a conflict of interest, Brian Caldwell was replaced Michael Schenk.
Thomas Holthaus was sworn in by Chairman Baugh. Mr. Holthaus presented a photo of the house for the Board’s review. Mr. Holthaus noted that the low eave will be removed and the roof will be extended over the patio. The front door will be relocated to the center of the covered area.
Ms. Dubber questioned the patio coverage. Mr. Holthaus indicated that it will be twenty feet (20’) wide and extend fourteen feet (14’) off the house. Mr. Holthaus reviewed the part of the patio to be covered.
Mr. Baker questioned if windows would be installed where the existing door is now located. Mr. Holthaus commented that was correct.
Mr. Blackburn questioned that the sides would remain open and Mr. Holthaus indicated that was correct.
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, 2, 3, 4, 5, and 7; and disagreed with the applicant by a 4 – 1 vote on Item 6.
Doug Blackburn made a motion to approve Case #158880 as submitted. The motion was seconded by Michael Schenk. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Brian Caldwell replaced Michael Schenk.
Old Business
Case #158861 John & Maira Hrovatich II
Doug Blackburn made a motion to remove Case #158861 from the table. The motion was seconded by Brian Caldwell and motion passed.
No Board member had a conflict.
John & Maira Hrovatich were sworn in by Chairman Baugh.
Mr. Bickley read correspondence from the following: Dennis & Joyce Nelson, Sandra M. Frey, Alan & Dianne Wilhelm, Brad & Monica Bankowski, and Gary & Judith Gearhart.
John Hrovatich II was sworn in by Chairman Baugh. Mr. Hrovatich reviewed the revised site plan and noted that the shed has been removed and the rear yard setback has been met. The garage addition has been modified from twenty feet (20’) by sixty feet (60’) to eighteen feet (18’) by fifty feet (50’). Although the garage’s width has decreased by two feet (2’), due to construction requirements, the side yard will increase from 2.5’ to five feet (5’). The east corner of the garage will be 37.4’ from the front property line, the distance from the front property line to the center of the garage door will be thirty-five feet (35’), and the west corner will be 32.9’ from the front property line. Lot coverage will be 30.1%.
Mr. Bickley noted that since the lot is a through lot, the rear yard setback is thirty-five feet (35’) and a variance will be required for the both the house and garage addition.
Mr. Blackburn questioned when it was decided to add on. Mr. Hrovatich noted that it was around Labor Day last year when they knew they were going to build. Ms. Hrovatich commented that the survey seems to have created a problem and people have used the lot as a cut through to Gardner Road. Ms. Hrovatich also commented that the they were urged to make the improvements.
Chairman Baugh noted that the angst amongst the neighbors is the garage and commented that fifty feet (50’) is excessive.
Mr. Blackburn commented that the house to the east is a long house with a garage at the rear.
Chairman Baugh questioned if Lee Short has helped out and Mr. Hrovatich indicated he has used Mr. Short. Chairman Baugh commented that Mr. Short has done nice designs and that the current proposal may not work. Mr. Blackburn stated that when the looking at the lot, the proposed addition would be in line with the adjoining buildings and the garages in the rear are not in line.
Ms. Dubber indicated that some accommodations have been made with the revised proposal; however, the size of the addition is still a concern. Mr. Hrovatich noted that the house is currently the smallest house in the subdivision. Ms. Dubber expressed concern with the height and Mr, Hrovatich has reduced the garage height to sixteen feet (16’), which is similar to his neighbor’s building height.
Mr. Baker questioned the Hrovatich’s professions. Ms. Hrovatich indicated that she is an educator and Mr. Hrovatich is a project manager in the automotive industry.
D. J. Litz was sworn in by Chairman Baugh. Ms. Litz indicated that her property was directly behind the applicants and she expressed concern with filling up the little back yard and the garage addition looking like a pole barn. Ms. Litz noted that the garages in the neighborhood may not be in line, they are however of similar size.
Mike Linscott was sworn in by Chairman Baugh. Mr. Linscott indicated that he was President of the HOA and that HOA has not been formerly contacted by the applicants and a request has not been made. Mr. Linscott questioned if the building was reduced by two feet (2’) and the side yard setback was originally 2.5’, how could the setback now be five feet (5’). Mr. Hrovatich commented that it was due to construction technique.
Chairman Baugh questioned if the association has an Architectural Committee. Mr. Linscott noted that there is no Architectural Committee; however, the association has rules and regulations that the property owners must meet. The regulation requires garages to conform to a normal 2-car garage; however, the regulation could be waived.
Les Linehart was sworn in by Chairman Baugh. Mr. Linehart noted that the applicants are nice people, but the garage is offensive and that is the problem. Mr. Linscott noted that all the garages are to the rear of the property and not out front. Mr. Linscott commented that the garages appear to be of similar size.
Chairman Baugh suggested that the application be tabled so that the applicant could work with Lee Short to possibly redesign the garage addition. Mr. Hrovatich indicated that he would make contact with Mr. Short.
Rebecca Dubber made a motion to table the application so that the applicant could resubmit with a modified design proposal. The motion was seconded by Brian Caldwell and the motion passed.
Other Business
No other business to conduct.
Approval of Minutes – March 13, 2024
The meeting minutes from the March 13, 2024 meeting was mailed to each member. Rebecca Dubber moved to approve the March 13, 2024 meeting minutes. The motion was seconded by Doug Blackburn. 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 8:15 p.m.
Respectfully submitted,
Bryan Baugh, Chairman Todd Bickley, Acting Secretary