MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JUNE 10, 2020
Attendees
Al Harper Mary Ann Nehls
Lawrence Robinson Kristina Robinson
Tim Niese, Jr. Craig Graham
Jeff Nehls
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 Alternate Brian Caldwell and Alternate 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 #254839 Norma Nehls
Sandra Erwin read the facts of the case. The applicant is requesting a use variance for property located at 2986 NE Catawba Road in Section 3, Lot 11 of Catawba Island Township. The request is to use an existing barn/pole building and the surrounding area for the temporary storage of equipment and materials for a construction business. The property is located in the “A” Residential Low Density District.
No Board member had a conflict of interest.
Tim Niese, Jr. was sworn in by Chairman Baugh. Mr. Niese indicated that he is temporarily storing equipment outside along with building material. Mr. Niese is attempting to get his business, Innovative Exavating, established and his intent is to find a permanent location.
Chairman Baugh questioned the square footage required for the temporary storage area. Mr. Niese indicated approximately two (2) acres – 86,000 square feet.
Tim McKenna questioned temporary. Mr. Niese commented that he intends to relocate by December, January the latest.
Jack Ziegler questioned if the storage is only for equipment and stone. Mr. Niese noted that the stone is stored behind the barn.
Chairman Baugh questioned the type of equipment. Mr. Niese stated that there is a medium size excavator and the loader is the largest of the equipment. Mr. Niese noted that he has five (5) pieces of equipment and most of the time they are at the job site. Chairman Baugh questioned if fuel is located on the site. Mr. Niese indicated that there is no bulk fuel and no hazardous waste. Steel and rock may be stored on site. Chairman Baugh questioned the plans for the building. Mr. Niese noted that he has no plans for the building. Inside the building are tools and a welding site.
Sandra Erwin questioned what happens to the site when you vacate the premises. Mr. Niese indicated that the area will be put back the way it was before being used as a storage site.
Mary Ann Nehls was sworn in by Chairman Baugh. Ms. Nehls was concerned with “temporary”, since Mr. Niese has been on site for at least ten (10) months. The business goes from dawn to dusk, almost seven (7) days a week. Mr. McKenna questioned if the business has been on site for ten (10) months. Mr. Niese indicated that the business has been at the site for about ten (10) months. Chairman Baugh noted that the Board has the ability to place stipulations on a use variance.
Flint Heidlebuagh questioned who owned the land.
Jeff Nehls was sworned in by Chairman Baugh. Mr. Nehls indicated that his mom, Norma Nehls is the landowner. Mr. Nehls also noted that there is a separate entrance off of NE Catawba Road to the site.
Ms. Erwin questioned if noise is a problem. Ms. Nehls commented that noise is a problem and that the company begins early in the morning. Ms. Erwin noted that possibly a fence could be erected to help cut down on the noise and sight.
Mr. Heidlebaugh questioned if a lease agreement is in place. Mr. Nehls indicated that a lease does not exist and that Tim has agreed to clean up the property. Ms. Nehls commented she is agreeable to the approval of the use variance with the business vacating the premises after six (6) months.
Mr. McKenna questioned why the business has been at the site for ten (10) months. Mr. Niese indicated that he thought the business would be at the site for a short period of time.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 4 – 1 vote on Item 1 and agreed with the applicant by a 5 – 0 vote on Items 2 and 3.
Doug Blackburn made a motion to approve Case #254839 on the conditions that the business will vacate the premises by December 31, 2020; approval from the Board is required if the business remains at the site beyond December 31 2020; and dimensions of the area to be used for the temporary storage of equipment and material will be provided to the zoning inspector. The motion was seconded by Jack Ziegler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #254844 Alton & Laura Harper
Chairman Baugh read the meeting process.
Sandra Erwin read the case facts. The applicants are proposing a new accessory building (garage) and they are requesting an area variance to reduce the side yard setback from five feet (5’) to three feet (3’) and to exceed the cumulative square footage total of accessory buildings from 750 square feet to 880 square feet. The property is located at 1351 Orchard Beach Drive and is also known as Lot 26 of Catawba Orchard Beach Subdivision. The property is situated in the “R-3” District.
Ms. Erwin read a letter from the Orchard Beach Association approving the proposed garage.
No Board member had a conflict of interest.
Alton Harper was sworn in by Chairman Baugh. Mr. Harper indicated that he intends to replace the existing garage at the same location and extend it further to the rear. The garage would be in line with the house and the size would exceed the maximum requirement by only 130 square feet.
Tim McKenna questioned if showers were going to be installed. Mr. Harper noted that the garage will have plumbing, but no one will be living in the garage.
Chairman Baugh questioned the height. Mr. Harper indicated the garage height will be a little over fourteen (14) feet. Chairman Baugh questioned the siding. Mr. Harper commented that the garage will match the house.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on all seven (7) items by a 5 – 0 vote.
Tim McKenna made a motion to approve Case #254844 as presented. The motion was seconded by Sandra Erwin. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case # 254846 Lawrence & Kristina Robinson
Chairman Baugh read the meeting process.
Sandra Erwin read the case facts. The applicants are proposing to replace a canopy with a pavilion/canopy (accessory structure) and are requesting the reduction of the side yard setback from five feet (5’) to 4’ 4” and to allow the pavilion/canopy to be placed adjacent to the home. The property is located at 5854 Lakeview Drive and is also known as Lot 64 of White City Beach Subdivision. The property is situated in the “R-3” District.
No Board member had a conflict of interest.
Lawrence Robinson was sworn in by Chairman Baugh. Mr. Robinson indicated that originally, a 10’ by 16’ overhang and patio was situated on the property. The patio was replaced with pavers and the 10’ x 16’ canopy will be replaced with a larger canopy.
Chairman Baugh questioned the materials. Mr. Robinson indicated that the pavilion will be wood with asphalt shingles and it is not intended to be moved. Chairman Baugh questioned if the pavilion will be enclosed or stay open. Mr. Robinson commented that it would stay open.
Tim McKenna questioned runoff. Mr. Robinson noted that the property sits at the bottom of an incline and that the water will be directed to the existing drainage, which goes to the street.
Doug Blackburn questioned why not keep it 15’ in length and meet the side yard setback. Mr. Robinson noted that the pavilion has been ordered and delivered. The pavilion is a pre fab structure.
Mr. McKenna questioned if Mr. Robinson has talked with his neighbors. Mr. Robinson indicated that the neighbors do not have an issue with the pavilion and overhang. Flint Heidlebaugh commented that he is the neighbor to the east and that he and the other neighbors do not have a problem with the proposal.
Chairman Baugh questioned the lot coverage. Mr. Bickley indicated that with the pavilion/overhang, the lot coverage increases to 38.4%, which exceeds the 36% requirement.
Chairman Baugh close discussion from the floor.
The Board reviewed the Finding of Fact. The Board disagreed with the applicant by a 5 – 0 vote on Items 1 and 6 and agreed with the applicant by a 5 – 0 vote on Items 2, 3, 4, 5 and 7.
Jack Ziegler made a motion to amend Case #254846 to include the lot coverage requirement being exceeded from 36% to 38.4% and to approve amended Case #254846 with the conditions that the pavilion will not be enclosed and the drainage plan as explained by the applicant must be installed. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in favor of the motion. Chairman Baugh did not vote.
Approval of Minutes – May 13, 2020
The meeting minutes from the May 13, 2020 meeting was mailed to each member. Tim McKenna moved to approve the May 13, 2020 meeting minutes. The motion was seconded by Jack Ziegler. Motion passed. Doug Blackburn and Sandra Erwin abstained.
Adjournment
Tim McKenna moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 7:00 p.m.
Respectfully submitted,
_____________________________ _______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary