Minutes: May 11th, 2010


Gary Mortus called the public hearing to order on May 11, 2010 at 7:00 p.m. in the conference room to continue rezoning request #543512, John Wood, 2393 Northwest Catawba Road.

In attendance: Gary Mortus, William Rofkar, Matt Montowski, Pat Cerny, John Kocher, Nicole Wood, John H. Wood, Greg Wood, Jack DeVore, Tony Corona, and James Stouffer.

John Kocher thanked the Trustees for their consideration in amending the request. There were three concepts to be taken into consideration and Mr. Kocher presented a plan that distills the three concepts trying to minimize the effect of the existing house and 150 feet is larger than they need and it goes back to the tree line. The reason for the R-1 is that it is a little bit deeper and the family that is going to receive that portion has a strong desire to build back further from the road. It is still limited to a one single family home and they tried to maintain as much of the A district as possible between the Wood family and the adjacent properties.

Pat Cerny read correspondence sent to John Kocher and copied to the Trustees from Steve May from the Catawba Island Club.

Matt Montowski asked if the south side of the property would stop at the 800 feet. Mr. Kocher replied the rezoning would be for 800 feet.
The lot would be divided in half, one lot 80 feet wide and the other 100 feet. The lot split was checked with Regional Planning and they are okay with it.

James Stouffer stated that the R-1 would provide for 4 lots back along the southern boundary. John Kocher stated it is impossible to get that many lots under administrative approval or in a subdivision. You need 60 feet for a dedicated road for a subdivision. Mr. Stouffer stated he thinks it is wonderful what the Wood’s family wants to do, but the question is what if they do not own it in the future. William Rofkar stated if someone wanted to rezone the entire parcel they could rezone it to R-1 and that would follow the Land Use Plan. Matt Montowski asked if we are opening ourselves up in the future for other requests for high density projects saying you offered R-2 to these people why won’t you give it to us. You are setting a precedence.
Matt Montowski would like to see it remain in the A district and go to the Zoning Appeals Board. John Kocher stated the probability of a variance is zero. Going from 150 foot lot width to 80 is very substantial. Matt Montowski would like to see another way other than R-2. You can justify this by looking at each individual parcel. Matt also suggested it remain at A and put in a private road and divide it north to south. Mr. Kocher stated economically it cannot happen.

Gary Mortus stated this is the Wood family homestead and they are trying to rezone their property not a separate parcel, he feels he would look at it differently.

Matt Montowski feels that adding R-2 is going to open up more density in the middle of the island and if someone other than the Wood family came in and took it to court, “they would say R-2 was added, why won’t they give it to us.”

William Rofkar made a motion to close the public hearing to public comment seconded by Matt Montowski. William Rofkar, aye; Matt Montowski, aye; Gary Mortus, aye.

The trustees spoke among themselves and Gary Mortus understands Matt’s concerns and over the years there has to be some flexibility. Sometimes we go against the Zoning Commission’s recommendation and it always is a tough decision. William Rofkar agreed and stated it is a small parcel and this family has owned this property and he believes people have the right to do reasonable things with their property and this is a reasonable solution.

William Rofkar made a motion to amend application #543512 as presented with the minimal R-2 lot of 80 ft. by 150 ft. and with the R-1 section being 100 ft. by 800 ft. and the remainder being “A” seconded by Gary Mortus. William Rofkar, aye; Gary Mortus, aye; Matt Montowski, nay. Motion carries. The zoning change will go into effect in thirty days (June 10, 2010) unless it is taken to referendum.

William Rofkar made a motion to adjourn seconded by Matt Montowski. All voted aye.