MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MARCH 14, 2018
Attendees
Eileen Colan Scott Tanner
David Angyal Rick Chruchiarelli
Steve Lieber Rick Smetzer
Chairman Bryan Baugh called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandy Erwin, Jack Ziegler and Alternate Flint Heidlebaugh. Chairman Baugh announced that members Doug Blackburn, Tim McKenna and alternate Diane Belden were absent. Also in attendance was Todd Bickley, Zoning Inspector. Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.
Old Business
Case #068099 – David & Arlene Angyal
Secretary Erwin made a motion to take Case #068099 off the table. The motion was seconded by Jack Ziegler. Motion passed.
Secretary Erwin read the facts of the case. The applicants have placed an accessory building (shed) on the property located at 5247 E. Lawrence Drive and also known as Lot 2 of Maplewood Subdivision. The applicants are requesting the reduction of the rear yard setback from five feet (5’) to three feet (3’), the reduction of the side yard setback from five feet (5’) to one (1) foot and the reduction of the setback to the house from five feet (5’) to six inches (6”). The property is zoned “R-3”. Secretary Erwin noted that correspondence was received from the applicant, which included a property survey drawing and information concerning the material’s fire retardant.
Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.
David Angyal was sworn in by Chairman Baugh. Chairman Baugh questioned if the survey supported the original request. Mr. Angyal commented that the setbacks are smaller now. Chairman Baugh noted that the rear yard setback changes from three feet (3’) to 2.62 feet and the side yard setback changes from one (1) foot to 0.40’.
Mr. Angyal noted that a shed was placed on an existing pad, which has a sub-basement/cellar underneath it. The current trailer replaced an old trailer and now covers the access to the cellar. A hole was cut to provide access to the cellar and the shed was placed over the new access. Mr. Angyal commented that the documentation provided indicates that the shed’s material is fire retardant.
Chairman Baugh questioned the primary purpose of the shed. Mr. Angyal indicated that it is used for storage and to cover access to the sub-basement.
Eileen Colan was sworn in by Chairman Baugh who questioned her location to the applicant’s property. Ms. Colan indicated that she was located on the applicant’s east side. Ms. Colan noted that the shed is nearly located on her property line, that she wants to enjoy her property and she was not sure of the reasoning of the setback requirements.
Chairman Baugh questioned the distance from Ms. Colan’s shed. Mr. Angyal indicated 10.2 feet.
Ms. Colan noted that she thought she read that variances are not granted for convenience purposes. Chairman Baugh indicated that would be correct. Ms. Colan noted that she is against the variance request.
Jack Ziegler questioned the opening to the sub-basement. Mr. Angyal indicated that the opening is situated in the shed and is covered by a steel reinforced door. There is no safety issue.
Chairman Baugh noted that at last month’s hearing, fire was an issue. Mr. Angyal commented that information was provided that indicated that the material was fire retardant.
Ms. Colan expressed concern that with a business, people would be going back and forth to the shed along the property line. Chairman Baugh questioned whether she uses the property all year long. Ms. Colan indicated that the property is owned by her family and that she is not a full time resident. She uses the residence periodically throughout the summer.
Mr. Angyal commented that Ms. Colan would not be able to see the shed from her porch and he would be the only person using the shed, which would be in the morning and after he returns from work.
The Board discussed the case. Jack Zielger and Flint Heidlebaugh expressed concern with the shed being close to the property line. Secretary Erwin questioned if a shed was previously situated at this location. Mr. Angyal indicated that he was not sure. Secretary Erwin questioned if the shed is heavy. Mr. Angyal indicated that shed was heavy. Mr. Ziegler questioned the size of the shed on the other side of the home. Mr. Angyal indicated that it was 13’ x 12’.
The Board reviewed the finding of fact. The Board agreed with the applicants on Items 1 and 2 by a 4 – 0 vote; agreed with the applicants on Item 3 by a 3 – 1 vote; agreed with the applicants by a 4 – 0 vote on Items 4, 5 and 6; and voted 2 – 2 on Item 7.
Jack Ziegler made a motion to accept the area variance application as amended. The motion was seconded by Sandi Erwin. Motion was not approved and the application was denied.
New Business
Case #068103 – Scott Tanner
Secretary Erwin read the facts of the case. The applicant is proposing a single family dwelling and he is requesting an area variance to reduce the rear yard setback from thirty-five (35’) to eleven feet (11’) and exceed the lot coverage requirement from 39% to 43%. The location is 1551 N. Compass Avenue and also known as Lot 111 of Harbor Park Marina Subdivision. The property is zoned “R-4” Residential District.
Chairman Baugh questioned if any Board member has a conflict. No conflict existed for the
Board members.
Scott Tanner was sworn in by Chairman Baugh. Mr. Tanner indicated that the lot was acquired in 2002 and they intend to replace the mobile home with a new home, which requires a variance for the setback off the road and to exceed the lot coverage. Schumacher Homes was going to build the home; however, they have been replaced by Rick Chruchiarelli Builders. As a result, the roof line has changed a little, the setbacks stay the same and lot coverage is reduced from 43% to 41%.
Secretary Erwin questioned if the porch will be covered. Mr. Tanner indicated that the porch will be covered.
The Board questioned the location of steps. Mr. Tanner indicated that the steps will stay within the setback parameters. The Board reviewed a drawing with Mr. Tanner.
Rick Chruchiarelli was sworn in by Chairman Baugh. Mr. Chruchiarelli indicated that he has built several homes in the Catawba Island/Danbury areas.
The discussion was closed to the floor. The Board reviewed the finding of fact. The Board agreed with the applicant on Items 1, 2, 3, 4, 5 and 7 by a 4 – 0 vote. The Board disagreed with the applicant on Item 6 by a 3 – 1 vote.
Flint Heidlebaugh made a motion to amend Case #068103 to reduce the lot coverage variance request from 43% to 41% and to approve the amended variance application. The motion was seconded by Jack Ziegler. Motion passed.
Approval of Minutes – February 14, 2018
The meeting minutes from the February 14, 2018 meeting was mailed to each member. It was noted that Flint Heidlebaugh was absent from the February 14, 2018 meeting. Secretary Erwin moved to approve the February 14, 2018 meeting minutes as corrected. Flint Heidlebaugh seconded the motion. Motion passed. Jack Ziegler abstained.
Other Business
Mr. Bickley reminded the Board that they will be meeting with the County Prosecutor at 5:30 P.M., April 11th. The regular meeting will then begin at 7:00 P.M.
Adjournment
Jack Ziegler moved to adjourn the meeting. Flint Heidlebaugh seconded the motion. The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
______________________________ ______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary