MINUTES OF THE CATAWBA ISLAND TOWNSHIP BOARD OF ZONING APPEALS
JUNE 11, 2025
Attendees
Lee Short Frank Colabianchi
Keith Teynor Cheryl Petersen
Christopher Petersen Lee Burkam
Craig Oiler David Bemer
Susan M. Karla Paul A. Karla
Veronica Milnark William S. Krysh
Brent Carson Fawn Carson
Jeff Rospert Mary Rospert
Marcy Frank Bob Frank
Chairman 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, Flint Heidlebaugh, and Mike Schenk. Todd Bickley, Zoning Inspector/Secretary and Trustee Matt Montowski were also in attendance.
Chairman Baugh read through the meeting process. There were no questions.
New Business
Case #737704 Garrett Burkam
Todd Bickley read the case facts. The applicant is proposing to construct a new dwelling, and he is requesting an area variance to reduce the rear yard setback (off Shad Row) from twenty-five feet (25’) to ten feet (10’). The property is located at 2878 N. Shad Row, also known as the south part of Lot 48 and the north part of Lot 49 of Harbor Island Subdivision 2. The property is zoned “R-3” District. Mr. Bickley noted that no correspondence was received regarding this case and that he received an email indicating that the HOA had approved the plans.
No Board member had a conflict.
Garrett Lee Burkam was sworn in by Chairman Baugh. Mr. Burkam noted that he proposed to build a new home and is requesting a setback of ten feet (10’) off Shad Row. Mr. Burkam indicated that the HOA has granted approval, and he noted that there is twenty-five feet (25’) of green space between the road and right-of-way line. The purpose of the variance is that he would like to sit further away from the water, and so the house was moved closer to Shad Row.
Chairman Baugh questioned if it would line up with the neighbor’s houses and Mr. Burkam indicated that it will, other than the bump out for the garage.
Mr. Caldwell questioned a pool and Mr. Burkam indicated that there would be a pool. Ms. Dubber questioned if the pool would be on the canal side and Mr. Burkam commented that it would be on the canal side.
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 2, 3, 4, 5, and 7 and disagreed with the applicant on by a 5 – 0 vote on Items 1 and 6.
Rebecca Dubber made a motion to approve Case #737704 as submitted. The motion was seconded by Flint Heidlebaugh and it passed by a vote of 4 – 0. Chairman Baugh did not vote.
Case #737706 William Krysh
Todd Bickley read the case facts. The applicant proposes to remove the existing cottage and garage and construct a new dwelling with an attached garage. The applicant is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to 18.17’, reduce the side yard setback (Hummingbird Drive side) from twenty-five feet (25’) to 14.5’, and reduce the rear yard setback from twenty-five feet (25’) to 15.5’. The property is located at 5721 Commodore Drive, also known as Lots 78 & 79 of Harbor Estates Subdivision. The property is zoned “R-3” Residential District.
Brian Caldwell had a conflict of interest, and he was replaced by Alternate Mike Schenk.
Lee Short and William Krysh were sworn in by Chairman Baugh. Mr. Short provided the Board with the neighbor’s plan review sign offs.
Mr. Short indicated that due to the completion of a recent survey, the front yard setback is modified from 18.17’ to 18.37’, the side yard setback (Hummingbird Drive side) is modified from 14.5’ to 13’, and the rear yard setback is modified from 15.5’ to 15.3’. Mr. Short noted that the Krysh family has owned the property for the last 40 years and they have determined that the best option is to tear down and rebuild. The new home will be a story and a half with an attached garage. Mr. Short provided a drawing of the house location and noted that it will be starting in the same location as the existing cottage and the new home will be further away from the property to the east due to drainage concerns. The drainage system will consist of three (3) catch basins and the water will be collected and taken to the canal. The property owner to the east is thinking about extending a line to connect into the drainage system.
Mr. Baker questioned the floor elevation as it compares to the existing cottage. Mr. Short indicated that the existing floor elevation is 577.68 and the floor of the new home will be 579.
Ms. Dubber questioned the tree in the backyard and Mr. Krysh indicated that the tree would come down.
Mr. Heidlebaugh questioned the space above the garage and Mr. Krysh commented that it will be used for storage.
Mr. Short noted that the house will be slab on grade.
Mr. Baker questioned outbuildings and Mr. Krysh indicated that there would be no outbuildings.
Mr. Schenk questioned if the porches will be open. Mr. Short commented that the porches will be open.
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. The Board disagreed with the applicant by a 3 – 2 vote on Items 2 and 6.
Rebecca Dubber made a motion to approve Case #737706 with the modifications made to the setbacks. The motion was seconded by Mike Schenk. The motion passed with all Board member voting in the affirmative. Chairman Baugh did not vote.
Case #737707 Paul & Susan Karla
Todd Bickley read the case facts. The applicants propose a garage and porch addition, and a two-story addition over the existing cottage, and they are requesting an area variance to reduce the side yard setback (Skipper Drive side) from twenty-five feet (25’) to 7.5’ and reduce the rear yard setback from twenty-five feet (25’) to five feet (5’). The property is located at 2982 N. Mallard Drive and is also known as Lot 50 of Harbor Estates Subdivision. The property is zoned “R-3” Residential District.
Brian Caldwell had a conflict, and he was replaced by Alternate Mike Schenk.
Lee Short and Paul Karla were sworn in by Chairman Baugh.
Mr. Short presented the Board four (4) out of five (5) neighbors who signed the neighborhood plan review. The fifth person does not sign this type of document; however, he was supportive of the proposal.
Mr. Short explained that in 1996 a modular home was placed on the lot and the property owners need more space. Approximately, two thirds of the existing roof will be removed for a second story addition and the garage addition will be two (2) stories with living space on the second floor. The shed will be removed.
Chairman Baugh questioned the distance of the garage on the property to the west from the property line. Mr. Karla indicated that it was five feet (5’) and that there would be ten (10) feet between the buildings.
Mr. Short noted for storm drainage, all outlets will go to Mallard Drive, which outlets to the canal. Mr. Heidlebaugh commented on the outlet and Mr. Karla believes it is six-inch (6”) pipe. Mr. Karla noted that the garage will be piped to Mallard and the driveway will have a french drain. The new drainage should be an improvement.
Mr. Baker questioned the boat and whether it would be stored in the garage. Mr. Karla noted that the boat will not be stored in the garage, and it will probably be placed on sale.
Mr. Short provided floor plains for the Board’s review.
Mr. Schenk questioned if the porch was enclosed and Mr. Short indicated that the porch would not be enclosed.
Brian Caldwell was sworn in by Chairman Baugh. Mr. Caldwell questioned the intent of the ditch on the adjacent property. Mr. Karla was not sure but noted that the property owner completed a garage addition.
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 agreed with the applicant by a 4 – 1 vote on Item 6.
Rebecca Dubber made a motion to approve Case #737707 as submitted. The motion was seconded by Mike Schenk and it passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #737708 Brett & Fawn Carson
Todd Bickley read the case facts. The applicants propose a house addition, along with an attached garage, and they are requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to 7.5’. The property address is 5498 E. Twinbeach Road and is also known as Lot 3 of Terrace Beach Subdivision. The property is zoned “R-3” Residential District.
No Board members had a conflict of interest.
Lee Short, Breet Carson, and Fawn Carson were sworn in by Chairman Baugh.
Mr. Short noted that the Carson’s own the vacant lot to the south, which is Lot 6 of North Pointe Subdivision. Mr. Baker questioned if the trees would come down and where possible, whether the trees would remain and Mr. Carson noted that where possible, trees will be saved. Ms. Dubber questioned the vacant lot and Mr. Carson indicated that it would be used for landscaping purposes.
Mr. Short noted that the existing garage will be coming down and the addition would include a new garage. Mr. Short provided the Board with signed neighbor plan reviews. Mr. Short also indicated that the shed will be coming down.
Mr. Short reviewed the site plan with the Board and showed where the 7.5-foot setback was located. The Board questioned the bump out, which was adjacent to the applicant’s vacant property. Mr. Carson indicated that the bump out is a fireplace, which will be open to both the inside and outside. A patio will be on the outside and the landscaping would then proceed onto the vacant lot. Ms. Dubber questioned relocating to the west wall, but Mr. Carson noted that it would detract from its aesthetic purpose. The Carson’s submitted a document where the North Pointe Association agreed to combining the two (2) lots. Mark Messa, Director of the Ottawa Regional Planning Commission, commented that if the two (2) lots are being combined for tax purposes, the restrictions for the North Pointe lot will be in force. The North Pointe HOA Trustees approved combining the lots. Mr. Bickley noted that for zoning purposes, an affidavit combining the two (2) lots should be recorded so that if uncombined, the chimney would not be in compliance without a variance.
Ms. Dubber questioned the cottage and Mr. Carson indicated that it used by the family and not rented out.
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, 4, 5, and 6; agreed with the applicant by a 4 – 1 vote on Items 3 and 7; and disagreed with the applicant by a 3 – 2 vote on Item 2.
Brian Caldwell made a motion to approve Case #737708 with the condition that a combination affidavit be filed with the Ottawa County Recorder’s Office. The motion was seconded by Flint Heidlebaugh and the motion passed by a vote of 3 in favor and 1 against. Mr. Baker voted against the motion. Chairman Baugh did not vote.
Case #737711 Rospert Enterprises, Inc. (Jeff Rospert)
Todd Bickley read the case facts. The applicant proposes to construct a new dwelling, and he is requesting an area variance to reduce the front yard setback from thirty feet (30’) to fifteen feet (15’). The property is located at 4284 Cliff Road and is known as the North Part of Lot 163 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
Mr. Bickley read correspondence from Sheree Quan, Albert & Buck Baumann, and Veronica Milnark.
No Board member had a conflict.
Jeff Rospert was sworn in by Chairman Baugh. Mr. Rospert noted that he is requesting a front yard setback. The home will be back forty feet (40’) off the road pavement edge, which meets the Catawba Cliffs HOA requirements for front yards. Mr. Rospert submitted a house drawing and reviewed the drawings that were submitted with the application. An aerial drawing shows the house location and the location of the area existing homes and their setbacks from the property line and pavement edge. The proposed home would be like the other homes setbacks. Mr. Rospert noted that he is not affecting anyone’s view. Mr. Rospert also identified that according to the survey, Ms. Milnark’s driveway is 5.5 feet on his property.
Veronica Milnark was sworn in by Chairman Baugh.
Mr. Heidlebaugh questioned the distance of the home from the driveway. Mr. Rospert indicated about twenty feet (20’).
Ms. Milnark commented that her stakes had been removed and when the driveway was poured, both property owners agreed to the property line location.
Ms. Dubber questioned the vacant lot. Mr. Rospert noted that it is for sale. A potential buyer had submitted a variance for a new house, but the Cliffs HOA denied the house plans and he pulled the variance application. The lot is for sale and Mr. Rospert’s brother may build on the lot.
Mr. Rospert and Ms. Milnark discussed the Cliffs requirements.
Mr. Rospert noted that he would build a house that is conducive to the neighborhood.
Ms. Dubber questioned if the house could be moved back. Mr. Rospert indicated that maybe a foot or two. Mr. Rospert noted that the plans were unanimously approved by the Cliffs Association.
Mr. Baker questioned the need to blast. Mr. Rospert was not sure but noted that the front yard will need to be built up, which would allow for maybe a half basement. Mr. Rospert commented that the location is one of the highest spot in the Cliffs and drainage will not be an issue.
Chairman Baugh closed discussion from the floor.
Ms. Milnark requested and was given permission to explain the history of why they are misshapen lots.
Mr. Baker questioned if there are future plans to limit the driveway and fence encroachment. Mr. Rospert indicated that the driveway could stay as is; however, he will be sending a letter informing Ms. Milnark about the encroachment so that squatter rights could not be claimed.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 2, 3, 4, and 5 and disagreed with the applicant by a 5 – 0 vote on Items 6 and 7.
Rebecca Dubber made a motion to approve Case #737711 as submitted. The motion was seconded by Flint Heidlebaugh and it passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #737712 CMS Investments, LLC (Frank Colabianchi)
Todd Bickley read the case facts. The applicant proposes to construct a single-family dwelling and is requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to 28.80 feet. The property is located at 5470 E. Bay Point Circle and is known as Lot 10 of North Pointe Subdivision. The property is zoned “R-4” Residential.
No Board member had a conflict.
Frank Colabianchi was sworn in by Chairman Baugh.
Mr. Colabianchi noted the dwelling is a ranch house with an upstairs over the garage. Other than the rear yard, all other requirements are met. Mr. Colabianchi noted that a similar rear yard variance was approved for a neighboring lot.
The HOA has approved the proposed home.
Ms. Dubber questioned the fireplace and Mr. Colabianchi indicated that it is within the porch.
Christopher Petersen was sworn in by Chairman Baugh. Mr. Peterson reported that the HOA has approved the plans.
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 5 – 0 vote on Item 6.
Brian Caldwell moved to approve Case #737712 as submitted. The motion was seconded by Rebecca Dubber and the motion passed by a vote of 4 – 0. Chairman Baugh did not vote.
Old Business
Case #158959 Catawba Moorings, Inc.
Rebecca Dubber moved to remove Case #158959 from the floor. The motion was seconded by Brian Caldwell. Motion passed.
Mr. Bickley informed the Board that he had a discussion with the applicant and that the applicant does not intend to proceed with the application and Mr. Bickley requested a letter or an email withdrawing the application. Mr. Bickley noted that an email/letter has not yet been received.
Rebecca Dubber made a motion to deny Case #158959 since the case was last discussed at the August 2024 BZA meeting. The applicant has not submitted the requested information, and the applicant intends to proceed with a different plan. The motion was seconded by Brian Caldwell and it passed with all Board members voting in the affirmative. Chairman Buagh did not vote.
Other Business
Marcy Frank indicated that she is considering placing an offer on a house and would like to do a short-term rental. She learned from Mr. Bickley that rentals of less than thirty (30) days are prohibited, unless a home is grandfathered. Ms. Frank questioned the Board as to their opinion if a variance was submitted to allow a short-term rental. Ms. Frank noted that an offer needs to be submitted by the July 4th weekend, and the Board meeting is the following Wednesday. The Board cannot guarantee what the decision may be but normally they are leery of short-term rentals.
Minutes – May 14, 2025
Rebecca Dubber made a motion to approve the May 14, 2025 Board Meeting Minutes. The motion was seconded by Brian Caldwell. Motion passed.
Adjournment
Brian Caldwell made a motion to adjourn the meeting. The motion was seconded by Bill Baker and the motion passed. The meeting ended at 8:01 pm.
Respectfully submitted,
___________________ __________________
Bryan Baugh, Chairman Todd Bickley, Secretary