MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
OCTOBER 14, 2020
Attendees
Ruth Vorse Alan Novak
Jennifer Coppus John Coppus
Timothy Erwin James Stasa
Steve Baker Tim Henn
Adam Rakestraw Jan Rakestraw
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, Doug Blackburn, Sandra Erwin 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 #254916 Tri Coast Holding Trustee, LLC (Coppus Motors)
Secretary Sandra Erwin read the case facts. The applicants are proposing to install a swimming pool for the property located at 2611 Sand Road, also known as Lots 4 & 5 of O Harn Lowe Subdivision. The applicants are requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to twenty feet (20’) and eliminate the fence requirement and use the natural barrier. The property is situated in the “R-3” Residential District. No correspondence has been received and all fees have been paid.
No board member had a conflict.
John Coppus was sworn in by Chairman Baugh. Mr. Coppus indicated that the pool would be moved an additional five feet (5’) from the home which requires the rear yard setback being reduced from twenty-five feet (25’) to twenty feet (20’). Mr. Coppus noted that the trees/brush (natural barrier) would constitute a fence and that the property to the south has an existing wrought iron fence. The lake is located to the west and vegetation is situated along the northern property line.
Chairman Baugh questioned if a deck would be elevated. Mr. Coppus indicated that the deck would be at ground level.
Chairman Baugh commented that the application is requesting to eliminate the fence requirement. Mr. Coppus indicated that the natural barriers would replace a fence. Doug Blackburn noted that a fence is required for safety purposes. Tim McKenna agreed. Mr. Blackburn questioned if not having the fence is a strong desire. Mr. Coppus indicated that the desire is not to have a fence and use the natural barrier, which should be adequate to provide the necessary safety measures.
Jack Ziegler questioned a retractable cover. Mr. Coppus noted that the pool will be covered but the pool plans have not been finalized.
Adam Rakestraw, property owner to the south was sworn in by Chairman Baugh. Mr. Rakestraw commented that the testimony given by Mr. Coppus is correct and that he has no objection as long as the pool will be properly covered. Chairman Baugh questioned if Mr. Rakestraw had small children. Mr. Rakestraw indicated that he has high school age children, but he does have younger nieces and nephews. With his fence and the trees on the south side, the concern would be with the north side of the Coppus property.
Mr. Blackburn commented that he would be okay with a solid cover. Additional discussion followed.
Chairman Baugh closed discussion from the floor.
The Finding of Fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 3, 4, 5 and 7; agreed with the applicant by a 3 – 2 vote on Item 2 and disagreed with the application by 5 – 0 vote on Item 6.
Doug Blackburn moved to approve Case #254916 with the condition that a fence be installed around the entirety of the pool or in lieu of a fence, a solid covering be installed. The motion was seconded by Jack Ziegler. Motion was approved with all Board members voting in the affirmative. Chairman Baugh did not vote.
Chairman Baugh explained the Board’s decision. Discussion followed.
Case #254917 James Stasa
Secretary Sandra Erwin read the facts of the case. The applicant is proposing an addition to his home and a new accessory building at 2814 Sand Road, also known as Lots 94 & 95 of Byrneal Beach Subdivision. The applicant is requesting the reduction of the rear yard setback from twenty-five feet (25’) to sixteen feet (16’) for the addition; and for the accessory building, exceed the cumulative square footage total from 750 square feet to 875 square feet and exceed the building height from fifteen feet (15’) to twenty-five feet (25’). The property is located in the
“R-3” Residential District. No correspondence has been received and all fees have been paid.
No Board member had a conflict.
James Stasa was sworn in by Chairman Baugh. Mr. Stasa indicated that the existing deck will be removed and replaced with a bathroom, which will extend an additional two feet (2’) beyond the location of the existing deck. The accessory building will be used for storage and a sitting space.
Mr. Ziegler questioned the yellow markers. Mr. Stasa stated that they marked the second lot. Mrs. Erwin questioned the trees marked with x’s. Mr. Stasa indicated those trees were to be trimmed for safety purposes.
Mr. McKenna questioned if the sitting area will be a patio. Mr. Stasa noted that the accessory building will have a lean to, which will be the sitting area. Mr. McKenna questioned the height of the accessory building. Mr. Stasa stated that the height will allow the building to be architecturally appealing. Mr. Ziegler questioned if the accessory building will have a loft. Mr. Stasa commented that the building will not have living space upstairs, that the area will have attic type space.
Steve Baker was sworn in by Chairman Baugh. Mr. Baker is the property owner to the east and Mr. Baker stated that he had no problem with the variance request.
Mr. Blackburn questioned the size of the accessory building. Mr. Stasa stated that he would like to get the most square footage as possible.
Mr. Ziegler questioned access. Mr. Stasa explained that the access to the lot is from Rockhill, which comes off West Catawba Road.
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 3, 4, 5, and 7; agreed with the applicant by a 4 – 1 vote on Item 2 and disagreed by a 5 – 0 vote on Items 1 and 6.
Tim McKenna made a motion to approve Case #254917 as submitted. The motion was seconded by Brian Jack Ziegler. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254919 Alan & Kathleen Novak
Secretary Sandra Erwin read the case facts. The applicants are proposing a porch addition and are requesting the reduction of the front yard setback from twelve feet (12’) to nine feet (9’) and exceed the lot coverage requirement from 30% to 38%. The location is 5854 E. Gordon Shore and also known as Lot 2 of Gem Beach Subdivision #4. The property is zoned “A” Residential Low Density District.
No Board member had a conflict of interest.
Alan Novak was sworn in by Chairman Baugh. Mr. Novak explained that the addition will be a three-season enclosed room. The addition will come out as far as the existing house and match the existing side of the house. Mr. Novak noted that part of the house is already at nine feet (9’) and that existing house will be reroofed and resided.
Chairman Baugh questioned how the roof will be attached. Mr. Novak commented that roof issue has not been finalized and that roof addition will have a metal roof.
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 all seven (7) Items.
Sandra Erwin made a motion to approve Case #254919 as submitted. The motion was seconded by Tim McKenna. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254920 Optimus Development, LLC/Marblewood Homes
Secretary Sandra Erwin read the case facts. The applicant is proposing a new home to be located at 4200 McKenna, also known as Lot 8 of Catawba Meadows Subdivision. The applicant is requesting the reduction of the rear yard setback from twenty-five feet (25’) to twenty-four feet (24’). The property is located in the “R-2” Residential District. Correspondence was not received and all fees have been paid.
Tim McKenna recused himself and was replaced by Alternate Flint Heidlebaugh.
Tim Henn was sworn in by Chairman Baugh. Mr. Henn noted that the request is to reduce the rear yard setback by one (1) foot. Mr. Blackburn questioned if a foot could be removed from the porch. Mr. Henn noted that it could, however, the home, as proposed, was selected by the future homeowner.
Tim Erwin was sworn in by Chairman Baugh. Mr. Erwin noted that his property in Colony Club backs up to Lot 8. Mr. Erwin questioned the encroachment. Mr. Henn indicated that it would be one (1) foot. Mr. Erwin commented on the tree clearance between the two (2) lots. Mr. Henn noted that the developer attempts to save as many trees as possible. Mr. Henn suggested the house could be moved forward and the variance would be to reduce the front yard setback by one (1) foot.
Mr. Ziegler questioned if the house would have steps coming off the back. Mr. Henn indicated that there would be a patio, but not steps.
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 3 – 2 vote on Item 6.
Jack Ziegler made a motion to amend Case #254920 by reducing the front yard setback from thirty-five feet (35’) to thirty-four feet (34’), maintaining the twenty-five (25) foot rear yard setback and approving the amendment. The motion was seconded by Sandy Erwin. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #254921 Marblewood Homes/Optimus Development, LLC
Secretary Sandra Erwin read the case facts. The applicant is proposing a new home to be located at 4240 McKenna, also known as Lot 6 of Catawba Meadows Subdivision. The applicant is requesting the reduction of the front yard setback from thirty-five feet (35’) to twenty-five feet (25’) and the reduction of the rear yard setback from twenty-five feet (25’) to fifteen feet (15’). The property is located in the “R-2” Residential District.
Tim McKenna recused himself and was replaced by Alternate Flint Heidlebaugh.
Tim Henn was sworn in by Chairman Baugh. Mr. Henn indicated that the house is the same style as the previous house. The lot is affected by the turnaround radius and the house has been shifted to the east. Mr. Henn noted that an eight (8) foot high fence is located along the rear property line.
Mr. Blackburn questioned if the porch in the rear is open or covered. Mr. Henn indicated that it is an open porch.
Chairman Baugh questioned the square footage. Mr. Henn noted that the home is approximately 1,950 square feet.
Chairman Baugh closed the 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. The Board disagreed with the applicant by a 4 – 1 vote on Item 6.
Doug Blackburn made a motion to approve Case #254921 as submitted. The motion was seconded by Flint Heidlebaugh. The motion passed with all the Board members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – September 9, 2020
The meeting minutes from the September 9, 2020 meeting was mailed to each member. Jack Ziegler moved to approve the September 9, 2020 meeting minutes. The motion was seconded by Doug Blackburn. Motion passed.
Other Business
Todd Bickley reported that text amendments have been approved by the Trustees and they go into effect October 22, 2020. Mr. Bickley briefly reviewed the amendments.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Sandra Erwin. The meeting was adjourned at 7:00 p.m.
Respectfully submitted,
__________________________ _______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary