MINUTES OF THE CATAWBA ISLAND TOWNSHIP BOARD OF ZONING APPEALS
SEPTEMBER 10, 2025
Attendees
Quintin Smith John Imke Mark Worley
Wendy Worley Mike Linscott Paul Perlaky
Sandra Combs Thomas Domotorffy Marty Eynon
Craig Oiler Jennifer Oiler Craig McCoy
Robin DeGraff Barbara Osterling Michael Winet
Robert Crawford Brian Sampson Joan Smith
Kenneth Stumbaugh Jane Stumbaugh Kimberly Babich Speck
D. J. Litz Pete Scheid Patricia Horn
David Belden Mary Linscott Alison Perlaky
John Hrovatich II John Chandler Chuck Chandler
Brent Overmyer Debra Pinkleton Bob Osterling
Claudia Sampson Bob Boebel Kathy Heidlebaugh
Lawrence Speck Judy Thompson Mary J. Porozynski
Josh Wintermute Sharon Sanger Diane Belden
Brenda Kerr Gary Gruss Tom Moritz
Ann Marie Feighan Heidi Cline Sue Piacentino
Eva Mataborsky Frank Carshed Katie Feighan
Doug Newcomb Chuck Gaskey Phillip Bolte
William Chappelear Daniel Galmarihi Glenda Ward
Ann Rumpf Laura Enderle Joyce Raymond
Kim Mulholland Jack Madison Ben Sprenger
John Calandra David Dubber Al Wilhelm
Dianne Wilhelm Chris Cellier Claudia O’Donnell
William J. O’Donnell Linda Fry Dorothy Baker
Len Partin
Chairman 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, Rebecca Dubber, Bill Baker, and Alternates Flint Heidlebaugh and Michael Schenk. Vicki Wheatley, Zoning Inspector, Todd Bickley, Secretary, and Trustee Matt Montowski were also in attendance.
Chairman Baugh read through the meeting process. There were no questions.
All audience members were sworn in by Chairman Baugh.
New Business
Case #737748 Claudia Sampson
Secretary Todd Bickley read the case facts. The applicant proposes to construct a single-family dwelling and is requesting a variance to reduce the front yard setback from thirty-five feet (35’) to 29’ – 2”. The property is located at 3078 N. Hatteras Drive and is also known as Lot 12 of Catawba Island Township. The property is zoned “R-2” Residential District.
No Board member had a conflict.
Claudia Sampson commented that she is proposing to build a single-family home on a corner lot, and the variance is for the northeast corner of the property. The home is a standard building design which has been drawn by an architect.
Chairman Baugh questioned if the home faces Hatteras Drive and Ms. Sampson indicated that the home does face Hatteras Drive, with Bertram Drive being the side yard.
Mr. Baker questioned the building height and Secretary Bickley indicated that the application identifies the building height at 22’ – 8”.
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, 6, and 7 and disagreed with the applicant by a 5 – 0 vote on Item 1.
Rebecca Dubber made a motion to approve Case #737748 as submitted. The motion was seconded by Brian Caldwell. Motion passed by a 4 – 0 vote. Chairman Baugh did not vote.
Case #737750 Mark Worley
Secretary Todd Bickley read the case facts. The applicant proposes to construct an accessory building (30’ x 56’) and is requesting an area variance to exceed the total cumulative square footage of accessory buildings from 1200 square feet to 1680 square feet. The property is located at 5164 Porter Street and is known as being situated in Sublot 13 of Lot 9, Section 3 of Catawba Island Township. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Mark Worley explained that the building will be used for storage of his equipment, vehicles, and lawn mower.
Chairman Baugh questioned the lot acreage and Mr. Worley indicated that the lot contains 4.85 acres. Chairman Baugh questioned access and Mr. Worley indicated that access will be via a stone drive. Chairman Baugh questioned if the building’s interior will be finished and Mr. Worley commented that the interior will not be finished and that it will be used only for storage.
Mr. Baker questioned if it will be used for boat storage. Mr. Worley stated that it will not be used for boat storage; however, he may store his son’s boat.
Mr. Caldwell questioned if it will be used for any business. Mr. Worley noted that he bought the property as agricultural zoned property, and it is now classified as low density residential. No business use will be operated from the building.
Chairman Baugh recognized Larry Speck. Mr. Speck noted a lot line disagreement with the applicant with differing surveys. A review of the site plan shows the building would be thirty-five feet (35’) off the east property line. The front of the building would almost be in line with Mr. Specks’ rear lot line. Mr. Speck expressed concern that the building would impinge on his ability to see the sun set. Mr. Speck questioned if the building could be setback another ten feet (10’). Mr. Worley commented that if moved back an additional ten feet (10’), the building would be impacted by the terrain.
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.
Rebecca Dubber made a motion to approved Case #737750 as submitted. The motion was seconded by Doug Blackburn and the motion passed by a 4 – 0 vote. Chairman Baugh did not vote.
Case #737751 5550 Channel, LLC
Secretary Todd Bickley read the case facts. The applicant proposes to construct a single-family dwelling and is requesting a variance to reduce the rear yard setback from twenty-five feet (25’) to 19’ – 9” and to increase the lot coverage from thirty-six percent (36%) to forty-eight percent (48%). The property is located at 5550 Channel Drive and is known as Lot 117 of Johnsons Landing B Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Chairman Baugh recognized Phillip Bolte. Mr. Bolte noted that the request is to exceed the lot coverage requirement of thirty-six percent (36%) to forty-eight percent (48%) and reduce the rear yard setback from twenty-five feet (25’) to 19’ – 9”.
Mr. Caldwell questioned whether Channel Drive was the front yard. Mr. Bolte indicated that Channel Drive is the rear yard. Mr. Caldwell questioned the setback of 12’ – 6” off the boat channel and Mr. Bolte noted that it is considered the front yard and is based on the average of the two (2) adjacent homes. Mr. Bolte noted that the grinder pump will need to be relocated. Chairman Baugh questioned the roadside setback and Mr. Bolte that although the home will be twelve feet (12’) if front of the neighbor’s home, it will still be behind the accessory buildings.
Chairman Baugh questioned if the home will be a stick-built home and Mr. Bolte indicated that the home will be stick-built.
Flint Heidlebaugh questioned who pays for the grinder pump relocation. Mr. Bolte stated that the homeowner will pay for the relocation.
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, 3, 4, and 5; agreed with the applicant by a 4 – 1 vote on Item 7; disagreed with the applicant by a 3 – 2 vote on Item 2; and disagreed with the applicant by a 5 – 0 vote on Item 6.
Doug Blackburn made a motion to approve Case #737751 as submitted. The motion was seconded by Brian Caldwell and the motion passed by a 3 – 1 vote. Rebecca Dubber voted against the motion. Chairman Baugh did not vote.
Case #737752 Gary Gruss
The applicant proposes to construct a private pool and is requesting a variance to reduce the rear yard setback from twenty-five feet (25’) to twenty feet (20’) and to use an automatic safety cover as a barrier instead of a wall or fence. The property is located at 3021 N. Island Circle and is known as Lot 3 of Harbor Island Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Chairman Baugh recognized Gary Gruss. Mr. Gruss explained that he bought the property in 2012 and remodeled the property. Mr. Gruss indicated that he had bought the channel property from Gem Beach Marina. The lot is the largest in the Habor Island Subdivision which is a gated community with water on all sides. The property is on a dead-end street, which is the farthest on Harbor Island and the house is the middle house amongst five (5) homes on the street. The pool would be placed in the back yard within a grassy area. Both neighbors have setbacks of less than twenty-five feet (25’) from the sea wall and the pool will be in line with them. Mr. Gruss noted that both side neighbors are okay with the proposal and Mr. Gruss has signed statements.
Mr. Gruss commented that the second part of the request is to eliminate the four (4) foot fence requirement in lieu of an automatic pool cover. Mr. Gruss noted that other communities, such as Danbury Township and the City of Sandusky, have granted variances for an automatic pool cover and eliminate the fence requirement. The cover will be controlled by an electric four (4) digit code which will be high enough so smaller children will not be able to reach it. Mr. Gruss indicated he is not a full-time resident of Catawba Island, it is a weekend home, and the pool cover will be open when he is at the property and closed when he is not at the property. Mr. Gruss commented that he has ten (10) grandchildren and with a fence, the kids can climb the fence or go through the gate. Mr. Gruss believes that the automatic pool cover is safer than a fence and the cover is rated at 2,000 pounds. Mr. Gruss noted that the fence will impede his neighbor’s views. The HOA has approved the pool, the pool is within the setback guidelines, and the HOA does not have a fence requirement. The pool is a semi-in-ground pool of which two feet (2’) will be out of the ground and the pool will have a water depth of 4½ feet. The pool will have a two (2) foot wall around it. A conceptual drawing of the pool design was presented to the Board. Mr. Gruss reviewed the property surroundings.
Chairman Baugh recognized Brenda Kerr representing Hawaiian Pools. Ms. Kerr noted that of the residential pools installed, 60% – 70% have automatic safety covers. Ms. Kerr reviewed the automatic safety cover and noted that it is ASTM rated at up to 2,000 pounds. Ms. Kerr believes the cover is the perfect barrier since it is taking the water out of play. A fence does not, a fence is just a boundary. Ms. Kerr noted that more and more states are requiring covers while several are allowing the option of an automatic cover. Mr. Gruss noted that the location is not in the middle of a residential area but in an area where water is on three (3) sides. Ms. Kerr noted that Indiana and Michigan now require automatic pool covers.
Chairman Baugh recognized Craig Oiler. Mr. Oiler commented that the HOA has no restrictions on pool covers and fencing, and the pool location meets the HOA setback requirement. Written approval was submitted by Mr. Oiler. Mr. Oiler noted that he has a pool cover for twenty (20) years and he prefers the cover versus a fence. Mr. Gruss noted that the Noreaster Club has been torn down and that he and several others in Harbor Island will be building pools.
Chairman Baugh recognized Tom Moritz. Mr. Moritz commented that he is Mr. Gruss’s neighbor to the west side and his view would be affected by the fence. Mr. Moritz indicated that he has grandchildren and that the biggest concern is safety and a cover is the best option.
Mr. Baker questioned if there were kids in the area. Mr. Gruss indicated that there were no kids in the area full-time. Mr. Gruss was uncertain of the number of grandchildren; however, Mr. Gruss has ten (10). Mr. Gruss indicated that he will be installing the cover but would prefer not to do a cover with a fence. Mr. Gruss believes the fence is nothing more than cosmetics and he does not want to impede views. Mr. Baker questioned if Mr. Gruss had an umbrella insurance policy and Mr. Gruss indicated that he did. Mr. Baker’s concern is the dead men location off the wall and Mr. Gruss commented that he talked to Ray Brooks of Gill Construction who indicated that they are fifteen feet (15’) back off the wall and the pool will be twenty feet (20’) feet from the wall and the pool will be only 2½ feet in depth. Mr. Brooks indicated that the dead men are much deeper than the 2½ feet.
Mike Schenk questioned if the pool cover will automatically close if someone forgets to close when leaving the property. Mr. Gruss indicated that the code needs to be entered to close and open the cover. The cover is not AI, that a human being needs to close the pool. Ms. Kerr noted that when leaving the property for the week, closing the pool cover should be on the checklist. Ms. Kerr indicated that the cover would not be ASTM rated if it could be open and closed remotely.
A question was asked what happens if the power goes out. Mr. Gruss indicated that it can be closed, but it cannot be open until power comes back on.
Mr. Caldwell questioned the State requirement and Ms. Kerr indicated that Ohio has made it optional and that Danbury Township and Sandusky have changed their regulations. Mr. Gruss noted that he is not requesting a change to the township regulations but a variance for his situation. Mr. Baker commented that it is precedent. Ms. Kerr noted that she has been installing many pool covers.
Two (2) audience members commented that automatic pool covers are necessary options.
Rebecca Dubber expressed concern that there may be other requests where the applicant may not purchase the same level of quality as this pool cover. Ms. Dubber was concerned about setting a precedent and another homeowner may want to install a cover of not as high quality. Ms. Kerr indicated that pool covers must be ASTM rated, they cannot be built at a lower quality. Ms. Kerr noted that a substandard cover is not available. Ms. Kerr reviewed the ASTM rating system.
Mr. Gruss commented that he does not want to change the township rules but is asking for a variance to eliminate the fence and that he is looking not to create a precedent. Mr. Baker commented that if approved a precedent would be established.
Chairman Baugh closed discussion from the floor.
Mr. Blackburn noted that if it is ASTM approved, the cover is of high quality. If precedent setting, it is the right way to go.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 3, 4, and 5; disagreed with the applicant by a 5 – 0 vote on Item 6, disagreed with the applicant by a 3 – 2 vote on Item 7; and agreed with the applicant by a 3 – 2 vote on Item 2 for the setback request and disagreed with the applicant by a 3 – 2 vote for the elimination of the fence requirement.
Doug Blackburn made a motion to approve Case 737752 with the notation of ASTM 1346-91 approval and be the standard for future pool covers. The motion was seconded by Bill Baker. The motion was not approved with Doug Blackburn and Bill Baker voting in the affirmative; and Rebecca Dubber, Brian Caldwell, and Chairman Baugh voting against the motion.
Rebecca Dubber made a motion concerning Case #737752 to approve the rear yard setback request from twenty-five feet (25’) to twenty feet (20’) and deny the request to eliminate the fence in lieu of the automatic cover. The motion was seconded by Brian Caldwell. The motion passed 4 – 0 with Brian Caldwell and Rebecca Dubber voting in favor of the motion and Doug Blackburn and Bill Baker voting to abstain.
A questioned was asked whether the case can be subjected to the vote of the township residents. Mr. Bickley indicated that if appealed, it would go to the Ottawa County Common Pleas Court. The case is not subject to the referendum issue and placed before the voters of the township.
Quintin Smith questioned if the regulation can be changed. Mr. Bickley reviewed the process to initiate a text amendment and the adoption process. A resident could meet with the zoning inspector to review language to propose a change to the zoning resolution.
Old Business
Case #737740 Breakpoint Catawba Holdings, LLC
Secretary Todd Bickley read the case facts. The applicant proposes a single/multiple family condominium development and is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to fourteen feet (14’), reduce the side yard setback from thirty-five feet (35’) to twenty feet (20’), reduce the rear yard setback from thirty-five feet (35’) to twenty-one feet (21’), allow twenty-two (22) single family condominium buildings, and reduce the separation between the single family residential buildings from twenty feet (20’) to eleven feet (11’). The location is 5226 Gardner and is also known as Reserve B and Part of Gardners Landing Plat 1, and Part of Lots 12 and 15 of Section 3 of Catawba Island Township. The property is zoned “C-4” Recreational Commercial District.
Brian Caldwell made a motion to remove from the table Case #737740. The motion was seconded by Rebecca Dubber and the motion passed unanimously. Bill Baker abstained.
Chairman Baugh questioned if any Board member had a conflict. Bill Baker noted that he was advised of a letter from Breakpoint Catawba Holdings requesting that Mr. Baker recuse himself from Case #737740. Mr. Baker read a letter recusing himself from Case #737740. Alternate Flint Heidlebaugh read a letter that recused himself from the Case #737740. Both members left the meeting. Alternate Mike Schenk replaced Bill Baker.
Chairman Baugh recognized Mr. Thomas Domotorffy. Mr. Domotorffy distributed an amended drawing to the Board members that reduced the number of single-family dwellings on the south pier from twenty-three (23) units to twenty-one (21) units, created a T-turnaround at the end of the drive, and a park area at the end of the south pier. Mr. Domotorffy commented that there were confusion and misinformation concerning the application. The owner is not trying to rezone the property since multi-family development is a permitted use in the “C-4” District and Mr. Domotorffy noted that the variances are not because he wants to build more units and have higher density, but they are requested to avoid building large multi-family buildings which have the look and feel of a high density development. Mr Domotorffy believes with the variances, the development would be far more attractive than it would be without the variances. Mr. Domotorffy reiterated that West Harbor Landings is currently zoned that permits a multi-family development use. Mr. Domotorffy noted that an alternative plan has been prepared that can be submitted to the zoning inspector, not require variances, be approved within ten (10) days after submittal, and not require public hearings. The alternate plan consists of up to fifty (50) attached condominiums, but it would be a far inferior plan as compared to the current application. The township residents have stated that they are not in favor of high-density residential developments. The submitted plan would meet the residents’ concerns, which does not have attached multi-family dwellings and has 2.2 homes per acre. Mr. Domotorffy reviewed the meaning of high-density. Mr. Domotorffy noted that the Catawba Island Township definition of high-density is extremely conservative. Low density is defined as one (1) unit per acre, medium density as two (2) to three (3) units per acre, and high density as four (4) or more units per acre. If the variances are approved, the plan will have a gross density of 2.2 units per acre.
Mr. Domotorffy noted that at the last meeting, the current infrastructure issues were reviewed, and the area is at a point where it is not financially viable to maintain in its current use as a marina only. As a result, the Catawba Landing customers have been notified of the following: at the conclusion of the 2025 season, the campground will be permanently closed, end of charter leases, and the closure of the south peninsula to boaters.
Mr. Domotorffy has attended several zoning meetings and indicated that the identified concerns are traffic/infrastructure/emergency services. Mr. Domotorffy noted that the redevelopment of the property allows the township to work with property owners to address the storm water runoff. The runoff flows through and discharges on the property. The location of West Harbor Landings is at the lowest elevation of the neighborhood. The development will address the storm water that is generated on the property, and the development will have no impact on neighboring properties. The development plan will reduce population in and reduce traffic via NE Catawba Road and Gardner Road. The marina owns and maintains Gardner Road and Mr. Domotorffy lives on Gardner Road.
Concerning traffic, more than 100 large boats and twenty (20) RV lots will no longer be on the property. Seasonal population and traffic will be reduced. In addition, a major contributor to traffic were the charter boats, which the marina had twenty-five (25) charter boats. Mr. Domotorffy estimated that up to 17,500 visits to the marina will be eliminated as a result of eliminating the charter boats. As a result, a thirty-seven (37) unit residential development in lieu of the current business model will decrease traffic and other burdens.
Mr. Domotorffy commented that the development has majority support of the HOA residents adjacent to the marina and support of the majority of the residents on Gardner Road. Mr. Domotorffy stated that not one (1) resident has communicated to him their opposition to the development proposal.
Mr. Domotorffy concluded that after reviewing last month’s comments, the Board has received the drainage plan and restrictions to be placed on the future homeowner’s association. The following amendments have been made to the plan: eliminated the home at the end of the south pier and the area will now have a T-turnaround and a park, which assures the following: the residents can enjoy a park location at the piers end, adequate turnaround for cars and emergency vehicles, the park area serves as a fire assembly area and fire safety zone, and the twenty (20) foot building separation will be met. The number of units on the peninsula is twenty-one (21) and the plan addresses the fire safety concerns. The setbacks for the townhomes remain the same and are similar to the other setbacks in the neighborhood. The cover ratio has been reduced to approximately twenty-five percent (25%), which is less than nine percent (9%) coverage on the total seventeen (17) acres. Open space is greater than the ten percent (10%) requirement.
Mr. Domotorffy reviewed meeting the expectations of the land use plan which includes being located in the high density recommended area, utilizing creative land use solutions, serving the natural attributes of the property, maintaining recreational facilities, and minimizing the impact on the transportation network. Granting the variances results in the best possible use of the property.
Mr. Caldwell noted the changes on the handout that was submitted by Mr. Domotorffy that included removing the unit at the end of the pier and meeting the twenty (20) foot building separation. Mr. Domotorffy noted that he did talk to Chief Gibbons concerning the turnaround. Mr. Caldwell noted that the pier improvements will be supported by steel and the homes to be built on pilings. Mr. Domotorffy commented that the structural load of the buildings will be on the bedrock, which is about twenty (20) to twenty-two (22) feet below the surface. The shoreline application has been submitted to the Ohio Department of Natural Resources. The application is for shoring up the wall and installing two (2) to one (1) revetment for the entire south peninsula. Mr. Caldwell questioned if there would be a boardwalk along the north side of the south pier. Mr. Domotorffy indicated that there would be no boardwalk on the south pier.
Mr. Blackburn questioned the portion of the pier that extends into West Harbor. Mr. Domotorffy commented that the line shown on the drawing is not the property line and that the east property line extends into West Harbor.
Ms. Dubber noted that with a third-floor rooftop patio, could there be language added to the restrictions that would control the height of certain things on the third floor, such as pergolas and umbrellas. Mr. Domotorffy commented that concern can be investigated and addressed.
Ms. Dubber commented that a big concern with community members is density, and Ms. Dubber believes that with the changes made and presented to the Board, the density concern has been addressed as well as fire safety concerns with the turnaround and building separation.
Chairman Baugh questioned if the drainage plan was prepared by an engineer. Mr. Chandler commented that the plans were prepared by Polaris Engineering. After talking with Chief Gibbons, the turnaround that was between sixty (60) to seventy-two (72) feet was changed to a T-turnaround, which will work for the fire department vehicles. Mr. Chandler noted that after considering several options with varying densities, he is happy that the development chosen is one with the open space at the end of the peninsula.
Chairman Baugh questioned whether the downspouts on the building will go into the storm system and not flow onto the ground. Mr. Chandler indicated that the downspouts would go into the storm system. Mr. Chandler explained that the campground area has no drainage and the owner of the last lot on Gardner asked if his drainage issues could be addressed. Drains will address the last lot and the townhomes and then go out to West Harbor. Drains will be along the pier that will discharge into the water. The system will take into account the floodplain levels.
Mr. Schenk verified that the buildings would be on pilings and Mr. Chandler indicated that was correct and the bedrock is approximately twenty-two feet (22’) underground. Mr. Schenk questioned if soil samples were taken to verify the twenty-two feet (22’). Mr. Domotorffy stated that a geo technical company was hired, and they did about fifteen (15) soil borings at various locations and the bedrock depth was between twenty (20) to twenty-two (22) feet and it was solid bedrock. The bore went six feet (6’) into the bedrock.
Mr. Schenk expressed concern that because of insects and bugs, screening on the roof top deck would be installed to create an enjoyable environment. Mr. Domotorffy commented that this could be addressed through the association regulations and prohibit adding any additional height. Mr. Domotorffy expressed concern with wind when the homeowner had umbrellas. Mr. Chandler noted that due to zoning height restrictions, screening would not be possible.
Mr. Schenk questioned the road width on the pier. Mr. Domotorffy indicated that the width is between eighteen (18) to twenty (20) feet to allow two emergency vehicles. Mr. Blackburn noted that the width is twenty feet (20’) on the drawing. Mr. Schenk questioned if street lighting would be installed. Mr. Domotorffy noted that street lighting has not been considered but Mr. Domotoraffy indicated that he is not a fan of street lighting due to mayflies, or it shines into a bedroom window.
Chairman Baugh commented that the drainage plans of a condominium project are not required to be approved by the Ottawa County Engineer. Chairman Baugh questioned Mr. Domotorffy if he was willing to have the drawings reviewed and approved by the Ottawa County Engineer. Mr. Domotorffy indicated that he would be willing to do that and that he would be in favor of having the drainage plans reviewed by the Ottawa County Engineer. Mr. Domotorffy noted that they will need to work with the county on other issues such as sanitary and water. Mr. Domotorffy also stated that now would be a good time to look at the pump station across the street on NE Catawba Road. The pipe runs down Gardner Road and exits at his boat well. Part of the issue is that the pipe is undersized, and the pipe probably needs to be increased to twenty-four inches (24”). With this project and the involvement of the township and county, now is the time to address this issue.
Chairman Baugh questioned if the electric will be underground. Mr. Domotorffy noted that it will be underground. The power is already on the property; it will need to be reconfigured. There will probably be four (4) transformers down the pier.
Chairman Baugh recognized D.J. Litz. Ms. Litz noted that she is the only full-time resident on Gardner Road and Ms. Litz took exception to the statement that no one on Gardner Road and Charles Lane are opposed to the proposed development. At the last meeting, many letters were read in opposition to the project. Ms. Litz questioned if the tree line on Gardner Road would be taken down. Mr. Domotoraffy stated that the tree line will be taken down so that the homes can be built. Mr. Domotoraffy reiterated that not one single resident has contacted him and stated they were opposed to the project, and he has communicated with almost everyone on Gardner Road and in the Ballard HOA. However, he has not talked with D.J. The communication statement does not consider letters, but direct communication with Mr. Domotorffy.
Ms. Litz commented that her side yard floods after it rains and asked how she would be impacted by drainage coming down Gardner Road. Mr. Domotorffy noted that she is at a lower elevation and that the development is not near Ms. Litz’s property and will not impact her property. A good time to address Ms. Litz’s issue is when Mr. Domotorffy addresses his home lot.
Chairman Baugh recognized Craig McCloy. Mr. McCloy reviewed a drawing with the Board concerning the drainage. Mr. McCloy commented that with the recent rains, the watershed is a big deal and the pipe that goes under SR 53 is undersize, which is an area of concern. Mr. McCloy noted that new subdivisions are going in with retention ponds, which is good. However, downstream, it is not good. The undersized pipe and the pump does not consistently work are issues of great concern. Mr. Domotorffy commented that he can provide USGS elevation data and questioned how the proposed development will impact the current situation at the pump location. Mr. McCloy asked if Mr. Domotorffy knows exactly where the township pipe is located. Mr. Domotorffy stated he is aware of the pipe’s location, which is in a right-of-way/easement that is owned by Mr. Domotorffy. Mr. Domororffy commented that the outlet for the pipe is also known. Mr. Domotorffy showed the location of the campground on Mr. McCloy’s drawing, which is a low-lying area as compared to the HOA property and the Marine Max property. The bathhouse and service shop were also identified, and the sanitary sewer lift station was indicated to be in that vicinity. Mr. McCloy stated that he has highlighted the pump station which goes into a 2 x 2 storm basin and then the water is piped down Gardner Road to a catch basin which is then discharged into the harbor. Mr. McCloy questioned if it’s a township line or a developer’s issue. Mr. Domotorffy commented that he has previously stated that it is an opportunity to collaborate on this issue, but the development is down streamed. Everyone agrees that there is an issue with the pump and the undersized pipe.
Chairman Baugh recognized John Imke who began to question building height but was advised that building height will be met.
Kathy Heidlebaugh requested the reading of a notarized letter from Flint Heidlebaugh which was read by Rebecca Dubber.
Mr. Schenk questioned the total number of docks and Mr. Domotorffy indicated that the maximum number of docks is 370 and that was pared down to 300. The proposed development will have twenty-one (21) residences which results in twenty-one (21) docks. The north peninsula will stay the same for the time being with approximately eighty (80) docks, which will eventually get larger docks and the total will decrease. Mr. Domotorffy noted thirty (30) jet ski docks. So, the number of boats docked will decrease from 300 to a little over 100. Mr. Schenk noted that a resident could bring two (2) or three (3) boats to their dock. Mr. Domotorffy agreed but noted that it would be owned by one (1) individual and the HOA will not allow the dock to be subletted.
Mr. Schenk questioned the number of campers to be displaced. There are twenty-two (22) lots and Mr. Domotorffy explained that he was going to shut the campground down in 2022 but allowed the campers to stay. By attrition, fifteen (15) campers will now be removed.
Chairman Baugh recognized Quintin Smith. Mr. Smith commented that it sounds like the Board negotiated more green space and less density and noted that the drainage may be properly addressed.
Dorothy Baker questioned lot coverage. Mr. Domotorffy stated that nine percent (9%) of the land is covered, it was based on the entire property. When discussing density, the zoning resolution does not allow submerged land to be used in the density calculation. Submerged land that is built over can be used in the density calculation. The alternate plan will consist of buildings that are built over submerged land. With this plan, construction is not occurring over submerged land but on land over 574 feet. Mr. Domotorffy has not and will not submit the alternate plan at this time. Mr. Chandler noted that coverage is now at about twenty-nine percent (25%) for land above 574. Mr. Domotorffy indicated coverage over the entire parcel is nine percent (9%).
An audience member indicated that she created the Keep Catawba Peachy sign and explained that she would not like to see high density like what is on the Jersey shore.
Chairman Baugh recognized John Hrovitach. Mr. Hrovitach commented that his backyard abuts the marina and he noted the improvement to the open space area which is currently stoned. The area will be beautified with an upgrade in utilities and a major reduction in traffic with the decrease of boat slips for the charters. Mr. Hrovatich stated that Tom and his team has worked with the Board to address various issues and noted that he is in favor of the project.
Chairman Baugh recognized Robin DeGraff. Ms. DeGraff questioned if the applicant is currently zoned for high density. Chairman Baugh commented that he is zoned for high density. Ms. DeGraff noted that he is proposing a development with less units than allowed.
Chairman Baugh recognized Mike Linscott. Mr. Linscott is the President of the Ballard HOA and indicated that no one has contacted him to complain about the proposed development. All the comments have been positive.
Chairman Baugh closed discussion from the floor.
Secretary Bickley reviewed the required variances as a result of the revised plan submission. Chairman Baugh reviewed the option to include conditions with the motion.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 4, 5, 6, and 7; agreed with the applicant by 4 – 1 vote on Item 3; and disagreed with the applicant by a
5 – 0 vote in Item 2.
Rebecca Dubber made a motion to approve Case #737740 Breakpoint Catawba Holdings, LLC as revised which consisted of reducing the front yard setback from thirty-five feet (35’) to fourteen feet (14’), reducing the side yard setback from thirty-five feet (35’) to twenty feet (20’), reducing the rear yard setback from thirty-five feet (35’) to twenty-one feet (21’), permitting twenty-one (21) single-family dwelling condominiums with the following conditions: no screen sections or added permanent structures on the third story roof decks and addressed in the HOA covenants and the drainage plan is to be reviewed and approved by the Ottawa County Engineer. The motion was seconded by Mike Schenk. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Ms. Dubber informed the Board that she offered Mr. Domotorffy her notes concerning the motion.
Approval of the August 13, 2025 Meeting Minutes
Mr. Caldwell noted that on Page 4, Paragraph 4, the discussion on ladders is incorrect. Ladders were not part of the construction but could be placed at four (4) different locations by the fire department if needed. Rebecca Dubber made a motion to approve the August 13, 2025 Meeting Minutes with the correction to Paragraph 4, Page 4 concerning ladders. The motion was seconded by Brian Caldwell and the motion passed unanimously.
Other Business
Zoning Inspector Vicki Wheatley reported that she reviewed the drainage requirement concerning Mr. Hrovatich’s addition with the County Prosecutor. According to the County Prosecutor, if not made with the motion, the drainage requirement cannot be enforced.
Adjournment
Brian Caldwell made a motion to adjourn, and the motion was seconded by Rebecca Dubber. Motion passed and the meeting adjourned at 8:41 p.m.
Respectfully submitted,
___________________ ___________________
Bryan Baugh, Chairman Todd Bickley, Secretary