MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
NOVEMBER 13, 2024
Attendees
Judy Peters Jeff Wingate
Terry Zeeman Don Rodwancy
Terry Rodwancy Karen Wise
Michelle Kokinda Matthew Hollis
Bart Erwin Frank Fortuna
Jack Grummel Ginger Grummel
Curtis Rood Jaimee Rood
Megan Lovitt Steve Lovitt
Courtney Koester
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Doug Blackburn, Brian Caldwell, Bill Baker, and Alternate Flint Heidlebaugh. Todd Bickley, Zoning Inspector/Secretary and Trustee Matt Montowski were also in attendance.
Chairman Baugh read through the meeting process.
Doug Blackburn made a motion to amend the agenda by placing Case #737605 last under New Business. The motion was seconded by Flint Heidlebaugh and it passed.
New Business
Case #737607 Curtis & Jaimee Rood
Todd Bickley read the case facts. The applicants propose to build an accessory structure and they are requesting an area variance to reduce the rear yard setback from fifteen feet (15’) to ten feet (10’) and exceed the maximum building height requirement of fifteen feet (15’) to nineteen feet (19’). The property is located at 5516 E. Foxhaven Drive, also known as Lot 20 of Foxhaven Subdivision B. The property is zoned “R-2” Residential District. Mr. Bickley noted that the applicants are now proposing to eliminate the garage structure and instead place a 12’ x 12’ shed on the property. The area variance would be to reduce the rear yard setback to ten feet (10’), but the height variance is no longer required.
No board member had a conflict.
Curtice Rood was sworn in by Chairman Baugh. Mr. Rood noted that the shed would be placed on the west side of the property versus the east side where the garage was originally situated. Mr. Heidlegaugh questioned if access is available off Chafee Drive. Mr. Rood commented that the Foxhaven property owners do not have the right to use Chafee Drive.
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 5 – 0 vote on Item 6.
Brian Caldwell moved to amend Case #737607 by replacing the garage with a 12’ x 12’ shed and placing the shed five feet (5’) off the west property line and approving the reduction of the rear yard setback from fifteen feet (15’) to ten feet (10’). The motion was seconded by Doug Blackburn. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #737608 Gem Beach Marina
Todd Bickley read the case facts. The applicant is proposing to replace the existing Gem Beach sign with a new sign located at 5473 E. Twin Beach Road. The applicant is requesting an area variance to allow an off-premise identification sign and to exceed the maximum size requirement of forty-eight (48) square feet to 104.25 square feet. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Ginger Grummel was sworn in by Chairman Baugh. Ms. Grummel commented that Gem Beach Marina would like to replace the existing Gem Beach sign with a new, attractive sign. Mr. Baker questioned the sign material. Ms. Grummel indicated that the frame will be stone based and the sign will be metal. The sign will be lit from the inside. A color rendition of the new sign was submitted for Board review.
Chairman Baugh noted that the sign is smaller than the existing sign. Ms. Grummel agreed and noted that the existing sign will be removed.
Mr. Caldwell questioned if the sign will be lit. Ms. Grummel noted that the existing sign is lighted and that the new sign will be back lit.
Chairman Baugh questioned if the arbrivatae and the other existing landscaping will remain. Ms. Grummel noted that the existing landscaping will be removed and replaced with new landscaping.
Chairman Baugh questioned if the neighborhood would have a problem with a lighted sign. Ms. Grummel indicated that the existing hedge row will remain and provide protection.
Chairman Baugh closed discussion form the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 on Items 2, 3, 4, 5, 7 and disagreed with the applicant by a 5 – 0 vote on Items 1 and 6.
Bill Baker made a motion to approve Case #737608 as submitted. The motion was seconded by Brian Caldwell and the motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #737611 Frank & Amy Fortuna
Todd Bickley read the case facts. The applicants are proposing to replace a single-wide manufactured with a new single-wide manufactured home and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to eleven feet (11’) and reduce the building width from twenty-three feet (23’) to 15’-2”. The location is 5188 Gardner Road, also known as Lot 20 of Gardners Landing Subdivision 1. The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
Frank Fortuna was sworn in by Chairman Baugh. Mr. Fortuna indicated that the existing old manufactured home will be taken out and replaced with a new manufactured home. Mr. Baker questioned the front yard and Mr. Fortuna commented that the new home will be in line with the adjacent structures.
Chairman Baugh questioned the size difference between the two (2) homes. Mr. Fortuna noted that the new home will be eleven feet (11’) longer and two feet (2’) wider than the existing home.
Mr. Heidlebaugh questioned if the deck will be enclosed. Mr. Fortuna indicated that the deck will be screened.
Chairman Baugh questioned the shed status. Mr. Fortuna commented that the shed will be gone.
Chairman Baugh closed discussion from 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 5 – 0 vote and disagreed with the applicant on Item 6 by a 4 – 1 vote.
Flint Heidlebaugh made a motion to approve Case #737611 as submitted. The motion was seconded by Brian Caldwell. The motion passed 4 – 0 will all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #737605 Rock Ledge House, LLC (Matthew Hollis) and W&W Rock Enterprises, LLC
Todd Bickley read the case facts. The applicants propose the Replat of Rock Ledge Subdivision, which results in the creation of twelve (12) lots. The proposed replat is located in Section 26 of Catawba Island Township and the address for Rock Ledge House, LLC is 2790 Sand Road and the address for W&W Rock Enterprises, LLC is 2772 Sand Road. The land is zoned “R-3” and “R-4” Residential Districts. The applicants are requesting area variances for the following:
• Reduction of the front yard setback from thirty-five feet (35’) to twenty feet (20’) for proposed lot 5 – Rock Ledge House, LLC.
• Reduction of the front yard setback from thirty-five feet (35’) to twenty feet (20’) for proposed lot 6 – Rock Ledge House, LLC.
• Reduction of lot depth from 125 feet to 115 feet, reduction of the front yard setback from thirty-five feet (35’) to twenty feet (20’), and the reduction of the rear yard setback from twenty-five feet (25’) to fifteen feet (15’) for proposed lot 7 – Rock Ledge House, LLC.
• Reduction of lot depth from 125 feet to 115 feet, reduction of the front yard setback from thirty-five feet (35’) to twenty feet (20’), reduction of the side yard setback from twenty-five feet (25’) to ten feet (10’), and the reduction of the rear yard setback from twenty-five feet (25’) to fifteen feet (15’) for proposed lot 8 – Rock Ledge House, LLC.
• Reduction of the side yard setback from twenty-five feet (25’) to seven feet (7’) and the reduction of the rear yard setback from thirty-five feet (35’) to zero feet (0’) for the existing structures. The variance requests are for proposed lot 9 – W&W Rock Enterprises, LLC.
• Reduction of the front yard setback from thirty-five feet (35’) to twenty feet (20’) and the reduction of the side yard setback from twenty-five feet (25’) to ten feet (10’) for proposed lot 10 – Rock Ledge House, LLC.
Mr. Bickley read a letter of support from Pete Wennes.
No Board member had a conflict.
Matthew Hollis was sworn in by Chairman Baugh. Mr. Hollis indicated that a new layout is being proposed for the Rock Ledge Subdivision which involves relocating the road entrance. Mr. Hollis noted that he has met with property owners within and adjacent to Rock Ledge and Mr. Hollis reviewed the comments and feedback. The proposed replat is the best solution for all property owners within Rock Ledge Subdivision.
Mr. Hollis submitted Letters of Intent between Rock Ledge House and W&W Rock Enterprises and between Rock Ledge House and Michelle Kokinda, a letter from the Ottawa County Engineer, and a support letter from Colin Smothers.
Chairman Baugh noted that a preliminary replat has been approved by the Ottawa Regional Planning Commission (ORPC).
Mr. Heidlebaugh questioned if there were structures on Lots 1, 2 and 4. Mr. Hollis commented that structures were located on those three (3) lots.
Chairman Baugh questioned the new road location. Mr. Hollis noted that the existing road entrance is unsafe and he reviewed the various options to address the situation. The best option was a new road between lots 9 and 10 which involved land owned by W&W Rock Enterprises, LLC and himself. Mr. Hollis noted that the new road will connect with Otter Drive at approximately where the old pillars are located. Mr. Baker questioned if Otter Drive at its intersection with Sand Road could be used as an entrance. Mr. Hollis commented that because of sight line issues, the Ottawa County Engineer will not allow Otter Drive as the entrance road off of Sand Road. The Ottawa County Engineer is okay with the relocated road as shown on the preliminary plat since the sight line is not being made worse. Mr. Hollis commented that he worked with Jeff Wingate to relocate the road to the north of his property and Ottawa County approved a variance to reduce the road right-of-way from sixty feet (60’) to twenty feet (20’).
Mr. Heidlebaugh questioned if trees will be removed and Mr. Hollis indicated that several trees will need to be removed.
Mr. Blackburn questioned a traffic study and Mr. Hollis noted that the County Engineer has approved the road entrance relocation. Mr. Hollis commented that technology may be used at Reserve B to assist with the ingress/egress.
Mr. Baker questioned the issue with the neighbor to the south, Michelle Kokinda. Mr. Hollis indicated that an easement will be filed in the Recorders Office addressing the situation and creating a buffer for Ms. Kokinda. Mr. Hollis noted that land in a platted subdivision cannot be transferred to a metes and bound described property.
Mr. Hollis noted that the road asphalt will be eighteen feet (18’) in width, which is wider than the current ten feet (10’).
Jeff Wingate was sworn in by Chairman Baugh. Mr. Blackburn questioned if cottage #1 is staying and Mr. Wingate indicated that cottage #1 was staying. Mr. Wingate appreciated Mr. Hollis’s efforts and is in favor of the proposal. A solution was obtained and everybody has agreed to it. Mr. Blackburn questioned if the existing gravel drive will remain and Mr. Wingate commented that the existing drive will stay in place.
Michelle Kokinda was sworn in by Chairman Baugh. Ms. Kokinda was in support of the variances and appreciates the effort of Mr. Hollis.
Don Rodwancy was sworn in by Chairman Baugh. Mr. Rodwancy expressed his support of the application and the Replat of Rock Ledge Subdivision.
Terry Zeeman was sworn in by Chairman Baugh. Ms. Zeeman questioned who maintains the road. Mr. Hollis commented that Jeff maintains the current road and the new road will be maintained by a Homeowner’s Association. Mr. Hollis noted that the road will be deeded to the Homeowner’s Association.
Mr. Bickley read a letter of support from Colin Smothers.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact with the following results:
For Lot 5, the Board agreed with the applicant on Items 1, 3, 4, 5, and 7 by a 5 – 0 vote; agreed with the applicant on Item 2 by a 4 – 1 vote; and disagreed with the applicant by a 5 – 0 vote on Item 6.
For Lot 6, the Board agreed with the applicant on Items 2, 3, 4, 5 and 7 by a 5 – 0 vote; disagreed with the applicant on Item 1 by a 5 – 0 vote; and disagreed with the applicant by a 4 – 1 vote on Item 6.
For Lot 7, the Board agreed with the applicant on Items 2, 3, 4, 5, and 7 by a 5 – 0 vote; agreed with the applicant by a 3 – 2 vote on Item 6; and disagreed with applicant on Item 1 by a 3 – 2 vote.
For Lot 8, the Board agreed with the applicant on Items 2, 3, 4, 5, and 7 by a 5 – 0 vote; disagreed with the applicant by a 3 – 2 vote on Item 6; and disagreed with applicant on Item 1 by a 5 – 0 vote.
For Lot 9, the Board agreed with the applicant on Items 2, 3, 4, 5, 6, and 7 by a 5 – 0 vote and disagreed with applicant on Item 1 by a 3 – 2 vote.
For Lot 10, the Board agreed with the applicant on Items 2, 3, 4, 5, and 7 by a 5 – 0 vote; agreed with the applicant by a 3 – 2 vote on Item 6; and disagreed with applicant on Item 1 by a 3 – 2 vote.
Doug Blackburn made a motion to approve Case #137605 as submitted. The motion was seconded by Bill Baker. Motion passed 4 – 0 with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #158959 Catawba Moorings, Inc.
With no new information, the case remained tabled.
Other Business
No other business to conduct.
Approval of Minutes – October 9, 2024
The minutes for the October 9, 2024 meeting was mailed to each member. Doug Blackburn moved to approve the October 9, 2024 meeting minutes. The motion was seconded by Brian Caldwell. Motion passed.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Flint Heidlebaugh. Motion passed and the meeting was adjourned at 7:35 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Todd Bickley, Secretary