MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
SEPTEMBER 14, 2022
Attendees
Judy Geiger Darrin Holman
Linda Holman Mike Benton
Barb Ayers Doug Bischoff
Ken Kaplan Stephanie Kaplan
Wendy Abrahamson Dave Beggs
James Brahier Jeremy Lohr
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 Zeigler, Sandra Erwin, Brian Caldwell, and Alternates Flint Heidlebaugh and Rebecca Jessen. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were 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 none.
New Business
Case #157836 S&L Acquisitions, LLC (Jeremy Lohr)
Secretary Sandra Erwin read the case facts. The applicant proposes the construction of a new single-family dwelling and is requesting an area variance to reduce the front yard setback from fifty feet (50’) to thirty-five feet (35’). The property is located in Section 3, Lot 2 of Catawba Island Township at 1871 NW Catawba Road. The parcel of land is currently vacant since the existing home was razed a couple of years ago. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Jeremy Lohr was sworn in by Chairman Baugh. Mr. Lohr indicated that he intends to build a new home and the front yard setback is fifty feet (50’). Mr. Lohr showed the Board house drawings and noted that the variance request is to reduce the front yard setback to thirty-five feet (35’).
Mr. Lohr showed the Board the building envelope. Chairman Baugh questioned if the home could be moved back. Mr. Lohr commented that he would like to have a nice back yard and would prefer not to reduce its size.
Mr. Bickley noted that Mr. Lohr removed the original home and Mr. Lohr provided the Board an aerial photo showing the home’s previous location.
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 2, 3, 4, 5, 6 and 7; and disagreed by a 4 – 1 vote on Item 1.
Brian Caldwell made a motion to approve Case #157836 as submitted. The motion was seconded by Flint Heidlebaugh. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #157841 Kenneth & Stephanie Kaplan
Secretary Sandra Erwin read the case facts. The applicants propose to install a cover for an existing patio and are requesting an area variance to reduce the front yard setback from twenty feet (20’) to twelve feet (12’) and exceed the lot coverage requirement of thirty-six percent (36%) to 38.5%. The property is located at 5499 E. Center Lane, also known as Lot 11 of The Re-Plat of Harborside Subdivision. The property is located in the “R-3” Residential District.
No Board member had a conflict.
Kenneth Kaplan was sworn in by Chairman Baugh. Mr. Kaplan noted that the home location is 5499 E. Center Lane and a concrete patio is located on the south side. Mr. Kaplan indicated that they would like to cover it with a roof, not enclosed. Other than the roof, there will be posts supporting the roof extension. The roof will provide shelter and shade.
Mr. Kaplan noted that the posts will be timber and the roof will be metal. Other than the posts, the view for the neighbors will not be blocked. Mr. Kaplan commented that the project will increase the house value.
Mr. Caldwell questioned the height. Mr. Kaplan indicated that height will be approximately eleven feet (11’) at the house and slope down to seven feet (7’).
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 #157841 as submitted. The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157846 Michael & Leslie Benton
Secretary Sandra Erwin read the case facts. The applicants propose a garage addition and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to twenty-seven feet (27’). The property is located at 4575 Pondview, also known as Lot 4 of Marshes Edge Subdivision. The property is zoned “R-5” Residential District.
No Board member had a conflict.
Michael Benton was sworn in by Chairman Baugh. Mr. Benton explained that the garage would be extended by twelve feet (12’) and create a third garage bay. Mr. Benton noted that the distance off the rear lot line was affected by an existing dike.
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.
Jack Zeigler made a motion to approve Case #157846 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157848 Judy Geiger
Secretary Sandra Erwin read the case facts. The applicant is proposing a garage addition with a breezeway connection to the house and is requesting an area variance to reduce the side yard setback from ten feet (10’) to five feet (5’). The property is located at 3400 N. Karwood Drive, also known as Lot 39 and the south 10 feet of Lot 40 of Catawba Wood Estates Subdivision. The property is located in the “R-1” Residential District.
No Board member had a conflict.
Judy Geiger was sworn in by Chairman Baugh. Ms. Geiger indicated that the existing barn and shed will be removed and replaced with a new 2-car garage with a breezeway connected to the house.
Mr. Caldwell questioned if the second floor will be used as living area. Ms. Geiger commented that the second floor will be living area.
Chairman Baugh questioned if the tree will stay. Ms. Geiger indicated that the tree will need to be removed.
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.
Flint Heidlebaugh made a motion to approve Case #17848 as submitted. Jack Zeigler seconded the motion. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #157854 SNEW Properties, LLC (Darrin & Linda Holman)
Secretary Sandra Erwin read the case facts. The applicant is proposing a garage addition to the existing home and is requesting an area variance to reduce the front yard setback from twenty-nine feet (29’) to 16’ 6”, reduce the side yard setback from five feet (5’) to three feet (3’) and exceed the lot coverage requirement of thirty percent (30%) to 32.5%. The property is located at 5470 E. Mabel Drive, also known as Lot 4 of East View Allotment. The property is zoned “A” Residential Low Density District.
Ms. Erwin read a letter from Pete Atherton, an adjoining property owner.
No Board member had a conflict.
Darrin Holman was sworn in by Chairman Baugh. Mr. Holman indicated that the proposal is a 2-car garage addition with a second floor. Various plans were considered and it was decided to attach to the home with concrete in front along the addition.
Linda Holman was sworn in by Chairman Baugh. Ms. Holman noted that the existing house is in the center of the lot. The utility lines are located on the east side of the property, as a result, the addition needs to go to the west side of the lot. Ms. Holman commented that the neighbor has two (2) rentals in the back of his lot and there is green space between his buildings and the lot line. Ms. Holman also noted that the existing home is small and the increase of living area will align the home with square footage of living area required by zoning.
Chairman Baugh questioned if the addition can go to the east. Ms. Holman indicated that would be difficult because of the front door. Chairman Baugh questioned the height. Mr. Holman indicated twenty-seven feet (27’).
Mr. Heidlebaugh questioned if the second floor will be used as living space. Mr. Holman noted that second floor will be used as living space.
Ms. Holman noted that the addition will have a separate entrance form the existing house. There will be no access to the addition from the existing home. Mr. Holman noted that the house and garage addition will be a single family dwelling.
Mr. Zeigler questioned if the addition were to be moved to the east, the front door would need to be relocated. Mr. Holman commented that would be correct; however, that would create additional problems with the utilities, windows and electrical outlets.
Chairman Baugh noted that neighboring property owner is against the side yard variance and Chairman Baugh indicated that options exist.
James Brahier was sworn in by Chairman Baugh. Mr. Brahier commented that the applicants keep their properties nice and they are great neighbors.
Ms. Holman noted that other structures in the neighborhood are less than five feet (5’) from the side property lines.
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, 4, 5 and 7; agreed with the applicant by a 3 – 2 vote on Item 3; and disagreed with the applicant by a 4 – 1 vote on Item 6.
Sandra Erwin made a motion to approve the reduction of the front yard setback and exceed the lot coverage requirement as requested for Case #157854, and denied the reduction of the side yard setback from five feet (5’) to three feet (3’). The motion was seconded by Flint Heidlebaugh. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157855 Barbara Ayers
Secretary Sandra Erwin read the case facts. The applicant is proposing the installation of an accessory building and is requesting an area variance to exceed the cumulative square footage total for accessory buildings from 1,200 square feet to 1,600 square feet. The property is located in Section 26 of Catawba Island Township at 465 NW Catawba Road. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Barbara Ayers was sworn in by Chairman Baugh. Ms. Ayers commented that she acquired 2.5 acres of wooded property. Ms. Ayers intends to construct a home with a pole building. The pole building will have 1200 square feet of enclosed space and a lean to containing 400 square feet. The building will match the house.
Ms. Ayers noted that there are two separate builders and the pole barn can start in October. The home will be started later in October.
Mr. Heidelbaugh noted that the pole barn will start before the house. Ms. Ayers indicated that she is in contract for the house, which will be started in late October.
Dave Beggs was sworn in by Chairman Baugh. Mr. Beggs questioned where the property ends. Ms. Ayers provided a drawing illustrating the property dimensions with the adjacent property owners.
Doug Bischoff was sworn in by Chairman Baugh. Mr. Bischoff questioned the pin locations. Ms. Ayers identified the pin locations.
Mr. Beggs questioned access. Mr. Bickley noted that access is off of NW 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 2, 3, 4, 5 and 7; and disagreed with the applicant by a 5 – 0 vote on Items 1 and 6.
Jack Zeigler made a motion to approve Case #157855 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #157856 Patrick & Kristi Stolarski
Secretary Sandra Erwin read the case facts. The applicants propose a patio roof extension off the rear dwelling unit and are requesting an area variance to reduce the side yard setback from five feet (5’) to one (1) foot and exceed the lot coverage requirement from thirty percent (30%) to 37.2%. The property is located 5515 E. Mabel, also known as Lot 9 of East View Allotment. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Mr. Bickley explained that Mr. Stolarski was unable to attend the meeting.
James Brahier was sworn in by Chairman Baugh. Mr. Brahier does not have an objection to the proposed roof extension; however, he does not want the rainwater to go into the 4” drainage pipe. Mr. Brahier noted that the previous owner promised to have the drainage go to the north, but never made the change. Mr. Zeigler noted that the drainage would be from the downspouts which go off to the side. Mr. Heidelbaugh noted that the land slopes to the east and Mr. Brahier indicated that was correct and the road drops down to the harbor.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicants by a 5 – 0 vote on Items 1, 2, 3, 4, 5 and 7; and agreed with the applicants by a 3 – 2 vote on Item 6.
Sandra Erwin made a motion to approve Case #157856 with the condition that all downspouts will flow to the property’s north end. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – August 10, 2022
The meeting minutes from the August 10, 2022 meeting was mailed to each member. Jack Zeigler moved to approve the August 10, 2022 meeting minutes. The motion was seconded Sandra Erwin. Motion passed. The Notice of Appeal minutes from the August 10, 2022 meeting were mailed to each member. Brian Caldwell moved to approve the August 10, 2022 Notice of Appeal meeting minutes. The motion was seconded Sandra Erwin. Motion passed.
Other Business
Mr. Bickley reported that decision to deny the Notice of Appeal was appealed by the applicant to the Ottawa County Common Pleas Court.
Trustee Montowski noted that work has begun on the pickle ball courts and that Focht Construction will be the contractor for the boat ramp project.
Adjournment
Brian Caldwell moved to adjourn the meeting. The motion was seconded Sandra Erwin. The meeting was adjourned at 7:07 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary