MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
SEPTEMBER 9, 2020
Attendees
Scott Reynolds Cheryl Schraidt
Phil Stively Cyndi Brown
Joann Welch Pete Maneff
Deanne Kramer Phil Stively
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, 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.
Alternate Brian Caldwell replaced Sandra Erwin.
Old Business
Case #254879 Phillip & Heidi Stively
Todd Bickley read the case facts. The applicants are proposing the construction of an accessory building on property located at 3415 NW Catawba Road, also known as 0.64 acre parcel of land in Section 3, Lot 5 of Catawba Island Township. The applicants are requesting to exceed the building height requirement of fifteen feet (15’) to sixteen feet (16’) and exceed the cumulative accessory building square footage total of 750 square feet to 2,016 square feet. The property is located in the “R-2” Residential District.
The applicant, Phillip Stively, was not in attendance.
Chairman Baugh requested any additional information. Mr. Bickley noted that the drawings were dropped off after the August meeting and is on the table for review. Mr. Bickley indicated that Mr. Stively previously indicated that he will split the property into two lots and the location of the accessory building on the lot would meet the setback requirements for a single family dwelling if an apartment is added to the accessory building.
Phillip Stively entered the meeting.
Chairman Baugh proceeded with the review of the case.
No board member had a conflict.
Phillip Stively was sworn in by Chairman Baugh. Mr. Stively indicated that his intent is to install an accessory building and then build an apartment within the building. Doug Blackburn commented that the building would have a house within in it. Mr. Stively indicated that it would be similar to Mr. Roeder’s strcutrue in Monroeville, Ohio, which is a hanger with an apartment within in it.
Tim McKenna questioned the square footage. Mr. Stively was unsure. Mr. Bickley indicated that the minimum size as required by the zoning regulations is 1,200 square feet. Mr. Stively indicated that he would like to have the apartment added in approximately three (3) years.
Chairman Baugh questioned the exterior. Mr. Stively noted that it will look like a storage building.
Jack Ziegler questioned if the building would be used for his business operation. Mr. Stively indicated that his shop is on Muggy Road and nothing will be at the new building.
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 4 and 5 and disagreed with the applicant by a 5 – 0 vote on Items 1, 2, 3, 6 and 7.
Jack Ziegler made a motion to deny Case #254879. The motion was seconded by Tim McKenna. Motion was approved with all Board members voting in the affirmative. Chairman Baugh did not vote.
New Business
Case #254891 Pete Maneff
Chairman Baugh read through the meeting process.
Todd Bickley read the facts of the case. The applicant is proposing an addition to the existing home located at 1540 Starboard Avenue, also known as Lot 116 of Harbor Park Marina Subdivision. The applicant is requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to six feet (6’). The property is situated in the “R-4” Residential District.
No Board member had a conflict.
Pete Maneff was sworn in by Chairman Baugh. Mr. Maneff indicated that the addition would be on the south side and be 11’ x 65’, which is the full length of the manufactured home. As a result, the addition would be six feet (6’) off the road right-of-way line and thus, the need for a variance.
Chairman Baugh questioned the screen in porch. Mr. Maneff noted that awning would be removed and that approximately half the area would be the porch location, which meets the setback requirements. Chairman Baugh questioned if the existing deck platform would be used for the porch. Mr. Maneff stated that he was not sure and that he would discuss with the Ottawa County Building Department. He originally thought he would need to put in a footer.
Mr. Ziegler questioned the shed. Mr. Maneff indicated the shed will be removed from the property. Mr. Ziegler questioned the side bump out. Mr. Maneff noted the bump out will be removed.
Deanne Kramer was sworn in by Chairman Baugh. Ms. Kramer commented that property was a mess before Mr. Maneff acquired the property. Mr. Maneff has done a beautiful job of cleaning up the property and she is sure that the addition will be first rate. Ms. Kramer suggested that based on the existing homes in the area, the variance request should be modified to five feet (5’).
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, 6 and 7; and disagreed with the applicant by a 4 – 1 vote on Item 1 and by a 3 – 2 vote on Item 2.
Doug Blackburn made a motion to approve Case #254891 and amend the setback requirement from six feet (6’) to five feet (5’). The motion was seconded by Brian Caldwell. Motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254892 Anthony Matalavage III
Chairman Baugh read through the meeting process.
Todd Bickley read the case facts. The applicant is proposing the installation of a screen in porch at the rear of the home located at 5865 E. Poplar, also known as Lot 63 of Gem Beach Subdivision #2. The applicant is requesting the reduction of the rear yard setback from thirty-five feet (35’) to three feet (3’), exceed the lot coverage requirement of 39% to 45.8%, and exceed the non-conforming building enlargement requirement of 20% to 42.5%. The property is located in the “C-4” Recreational Commercial District.
No Board member had a conflict of interest.
Scott Reynolds was sworn in by Chairman Baugh. Mr. Reynolds explained that an existing pad is located at the back of the house and the screened porch would be placed on the existing pad. The size is 14’ x 22’ and two storm doors would be placed on the porch sides.
Chairman Baugh noted that the property was not properly marked and he questioned that the porch would be on the north side. Mr. Reynolds apologized for not marking the project and stated that the porch would be on the north side.
Chairman Baugh questioned the roof. Mr. Reynolds noted that it would be a shed roof and Mr. McKenna questioned if it would have gutters and downspouts. Mr. Reynolds indicated that the screened porch would have gutters and downspouts and the rain water would be directed to a french drain. Mr. Reynolds indicated that he has installed three (3) french drains.
Chairman Baugh questioned whether the porch will not exceed the pad. Mr. Reynolds indicated that was correct and Mr. McKenna questioned if the porch will just be screened in. Mr. Reynolds indicated that was correct. Mr. Reynolds reviewed the drawings with the Board members.
Mr. Blackburn questioned if the doors are on the east and west sides. Mr. Reynolds indicated that they were.
Mr. Ziegler questioned the shed. Mr. Reynolds did not have information concerning the shed.
Chairman Baugh questioned if the porch would be 3 or 4 season room. Mr. Reynolds indicated that they would be unable to use the area as living area. It will just be a screened porch and the construction will not allow the area to be a livable area.
Cindi Brown was sworn in by Chairman Baugh. Ms. Brown questioned if the porch would be completely screened. Mr. Reynolds indicated that the porch will be completely screened. Ms. Brown questioned the height. Mr. Reynolds indicated nine feet (9’). Ms. Brown questioned water issues. Mr. Reynolds indicated that he has installed three french drains. Ms. Brown questioned noise level. Mr. Reynolds was unable to address the noise level. Ms. Brown commented that she wants to be neighborly; however, it is a lot of structure and that it is getting tighter and tighter. Ms. Brown noted that the porch is not livable area.
Joanne Welch was sworn in by Chairman Baugh. Ms. Welch questioned the rain water from the roof. Mr. Reynolds noted that the rain water will be directed to a recently installed french drain. Ms. Welch questioned the location of the doors. Mr. Reynolds indicated that the doors will be situated near the existing house.
Mr. Blackburn questioned why so big. Mr. Reynolds commented that is what his client requested. Ms. Welch noted that the applicant has big outdoor furniture and the furniture could be spread out.
Chairman Baugh noted an existing tent like structure which would probably be removed.
Ms. Brown questioned if this case would create a precedent. Chairman Baugh noted that each case is reviewed on its own merits.
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, 4, 5 and 7; agreed with the applicant by a 4 – 1 vote on Item 3; disagreed with the applicant by a 5 – 0 vote on Item 2 and disagreed with the applicant by a 3 – 2 vote on Item 6.
Doug Blackburn made a motion to approve Case #254892 with the conditions that the screened porch will not be enclosed, the porch will not be used as livable area and the tent like structure will be permanently removed. The motion was seconded by Tim McKenna. Motion passed by a 3 – 2 vote with Tim McKenna, Doug Blackburn and Chairman Baugh voting in the affirmative. Jack Ziegler and Brian Caldwell voted against the motion.
Approval of Minutes – August 12, 2020
The meeting minutes from the August 12, 2020 meeting was mailed to each member. Tim McKenna moved to approve the August 12, 2020 meeting minutes. The motion was seconded by Doug Blackburn. Motion passed.
Other Business
Trustee Matt Montowski informed the Board on the improvements to be made at the Nehls property on Muggy Road.
Adjournment
Brian Caldwell moved to adjourn the meeting. The motion was seconded by Jack Ziegler. The meeting was adjourned at 7:05 p.m.
Respectfully submitted,
___________________________ _______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary