MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JULY 8, 2020
Attendees
Bonnie Roper William Roper
Kim M. Boltz Gary R. Boltz
David Williams Tom Nicholson
Craig Graham Dave Markle
William McGowan via phone
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Jack Ziegler, Tim McKenna, Sandra Erwin, Doug Blackburn, and Alternates Brian Caldwell and Flint Heidlebaugh. Matt Montowski, Trustee and Todd Bickley, Zoning Inspector was 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 no questions.
New Business
Case #254859 Catawba Yacht Sales, LLC
Sandra Erwin read the facts of the case. The applicant is requesting a use variance for property located at 1859 NE Catawba Road in Section 3, Lot 2 of Catawba Island Township. The applicant leases approximately 0.2 acres from the W.W Emerson Company and proposes boat sales and the ability to place boats on the 0.2 acres. The leased area is the southerly portion of the gravel parking area south of the existing sign. The property is located in the “C-3” Highway Commercial District.
Chairman Baugh had a conflict of interest and removed himself from the case. Alternate Flint Heidlebaugh replaced Chairman Baugh and Vice-Chairman Jack Ziegler continued with the case.
Greg Graham was sworn in by Vice-Chairman Ziegler. Mr. Graham indicated that he has started his own boat brokerage business and he is attempting to create exposure. He has a signed lease with Mr. Partin and Mr. Caputo to use the stone parking area at 1859 NE Catawba Road. His intent is to market and sell boats; he anticipates approximately six (6) to eight (8) boats and he currently has two (2) boats on trailers he would place at the property. One is 22 feet in length and the other is 24 feet. He would like to get the boats some exposure.
Vice-Chairman Ziegler questioned if there would be any change to the property. Mr. Graham indicated that the only change would be the sign. Vice-Chairman Ziegler questioned if access would be the south end drive. Mr. Graham indicated that the south end driveway would be the access point. The boats would be situated so that people would be able to drive through the gravel parking area. Access to the dumpsters will be prevented.
Gary Boltz was sworn in by Chairman Ziegler. Mr. Boltz indicated that he abuts the property and he had several concerns. First, he wanted to make sure only the south entrance would be used. He did not want the Orchard Isle entrance at the north end to be used. Second, he does not want floodlights to be shining on the boats. Third, he wanted to make sure the dumpsters would not be used, which Mr. Graham has addressed.
Mr. Graham would like a light on the sign and he would like to possibly light a boat. He understood the lighting concerns and he would have the lights turned off at a certain time if necessary. He repeated his purpose is to use the lot for boat exposure, and his intent is to have smaller boats.
Doug Blackburn questioned if there were existing lights. Mr. Graham indicated that the existing lights were down in the grass. Flint Heidlebaugh questioned if light poles would be constructed. Mr. Graham indicated that light poles will not be placed on the property.
Bonnie Roher was sworn in by Vice-Chairman Ziegler. Ms. Roher noted that the association prevents boat storage on the association property. Mr. Blackburn noted that mobile homes were sold on the property and the Board cannot address the association requirements.
Tom Nicholson was sworn in by Vice-Chairman Ziegler. Mr. Nicholson noted that he lives directly across the street from the property and noted that Marine Max did have mobile homes on the lot which were lit up. Before that, Jack Bradley had a real estate office and before that a Mr. Garceau was using the property. Mr. Nicholson expressed concern about the lighting. Mr. Nicholson commented that he would like to have the sign lighting going down to the ground versus going up. Mr. Nicholson would not like to have the Jack Bradley sign lighted. He also would not like to see boat storage and shrink wrapped boats.
Mr. Graham commented that he does not intend to have boats shrink wrapped; however, it could happen. If shrink wrapped, the clear shrink wrap would be used. Mr. Graham noted that Hartland’s existing sign would be removed and he would place a similar sign at the same location. Hartland may use the Jack Bradley sign. Mr. Graham understood the lighting concern and expressed an interest to work with the neighboring property owners.
Vice-Chairman Ziegler closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on all three items.
Sandra Erwin made a motion to approve Case #254859 on the conditions that ingress/egress to the lot be the south end driveway, no overhead lighting and only clear shrink wrap be used. The motion was seconded by Tim McKenna. Motion passed with all Board members voting in the affirmative. Vice-Chairman Ziegler did not vote.
Chairman Baugh returned to the meeting and replaced Alternate Flint Heidlebaugh.
Case #254866 William McGowan
Zoning Inspector Todd Bickley contacted William McGowan by phone.
Sandra Erwin read the case facts. The applicant is proposing improvements to the cottage located at 1045 N. Byrneal Drive, also known as Lot 20 of Byrneal Beach Estates Subdivision. The applicants are requesting an area variance to reduce the side yard setback (Pine Drive side) from twenty-five feet (25’) to ten feet (10’), reduce the right side yard setback from five feet (5’) to four feet (4’), reduce the front yard setback from thirty-five feet (35’) to 13.5 feet and increase the lot coverage requirement from 36% to 44%. The property is situated in the “R-3” District.
No Board member had a conflict of interest.
William McGowan was sworn in by Chairman Baugh. Mr. McGowan intends to remove the deck and sun room and make an improvement by adding the front porch and making the cottage look nicer.
Chairman Baugh questioned the height. Mr. McGowan indicated that the height would be fourteen feet (14’).
Doug Blackburn questioned the 16’ x 7’ area. Mr. McGowan commented that area will be a patio at ground level.
The Board questioned the steps off the front porch sides and it was noted that the steps would be flushed with the wall.
David Williams was sworn in by Chairman Baugh. Mr. Williams noted that he had talked with Pat Cerny about extending out two feet (2’) and he was told he could not do it. Mr. Williams concerned was that extending the deck may obstruct his view. Mr. Blackburn noted that with the extension, the sight does not look that bad. Mr. McGowan noted that it is a roofed, but not an enclosed porch.
Mr. Williams noted that the lot is small and a bad precedent could be set.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 4, 5 and 7 by a 5 – 0 vote; agreed with the applicant on Item 3 and 6 by a 4 – 1 vote and agreed with the applicant by a 3 – 2 vote on Item 2.
Tim McKenna made a motion to approve Case #254866 with the condition that the porch will not be enclosed. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case # 331922 David & Brenda Markle
Sandra Erwin read the case facts. The applicants received approval for an area variance application to construct a three car attached garage at 5553 E. Helmsman Road. The approval, which allowed the lot coverage to increase from 36% to 40.5%, was conditioned on the following: no outside steps, no building addition beyond what was proposed and no living space upstairs. The applicants are requesting that the no upstairs living space condition be removed.
No Board member had a conflict of interest.
Chairman Baugh reviewed the September 11, 2019 Meeting Minutes. Chairman Baugh noted that the applicant’s representative indicated that the upstairs would be used for storage and a toilet was not going to be installed.
Dave Markle was sworn in by Chairman Baugh who questioned why the change with the living space request. Mr. Markle commented the intent was to use the upstairs’ as living space for his mother, who is 83 years old. This would provide separation.
Chairman Baugh questioned if this is a second home. Mr. Markle noted that it was originally a second home, but now becoming the primary home.
Sandra Erwin questioned the number of steps. Mr. Markel noted that a chair lift has been installed.
Tim McKenna made a motion to remove the no upstairs living space condition from Case #331922. The motion was seconded by Jack Ziegler. Motion passed.
Approval of Minutes – June 10, 2020
The meeting minutes from the June 10, 2020 meeting was mailed to each member. Doug Blackburn moved to approve the June 10, 2020 meeting minutes. The motion was seconded by Jack Ziegler. Motion passed.
Adjournment
Sandra Erwin moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 7:08 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary