MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JUNE 14, 2017
Attendees
Michael Prosser Chris Fox
Linda Fox Jennifer Swartz
Randy Swartz Rick Smetzer
Dave Bergman Deb Miller
Chairman Bryan Baugh called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandy Erwin, Jack Zeigler, and alternates Diane Belden and Flint Heidlebaugh. 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 # 068009 Randy Swartz
Secretary Erwin read the facts of the case. The applicant proposes to construct a new home at 4660 E. Johnson Avenue and also known as Lot 1 of Bibi’s Subdivision. The property is located in a “C-4” Recreational Commercial District and the applicant is requesting a reduction of the rear yard setback from thirty-five feet (35) feet to twenty-five feet (25).
Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.
Todd Bickley, zoning inspector, provided a drawing illustrating the floodplain through the applicant’s property. The applicant is attempting to locate the house outside the special flood hazard so that floodplain building requirements and flood insurance would not apply.
Randy Swartz was sworn in by Chairman Baugh. Mr. Swartz noted that he intended to build a new house and he indicated that the road is located further to the north within the right-of-way.
Chairman Baugh questioned Mr. Swartz if he had house drawings. Mr. Swartz provided the Board with drawings of the house. Chairman Baugh questioned if steps and/or patio will be on the canal side. Mr. Swartz indicated that improvements may be made at the wall.
Flint Heidlebaugh questioned if the shed will remain. Mr. Swartz noted that the shed will be removed from the property.
Sandy Erwin questioned if any structures will be in front of the building. Mr. Swartz stated that he did not intend to have anything in front of the building. Chairman Baugh questioned the number of steps. Mr. Swartz commented that three steps will be provided. Chairman Baugh noted that the setback would be measured from the steps.
Chairman Baugh questioned if the building will be out of the floodplain. Mr. Swartz noted that the building is close to the floodplain, but with the variance, the intent is to keep it out of the floodplain.
Deb Miller was sworn in by Chairman Baugh. Deb Miller noted that a portion of the structure may be in the 500 year floodplain. Mr. Swartz noted that the applicant is paying in cash and thus, insurance is not needed. Mr. Bickley noted that if any portion of the building is in the floodplain, future owners may be required to obtain flood insurance.
Jennifer Swartz was sworn in by Chairman Baugh. Jennifer Swartz noted that the ten (10) foot variance would allow the home to be moved away from the floodplain and canal.
Chairman Baugh closed discussion from the floor.
The Board reviewed the finding of fact. Concerning #1, the Board agreed with the applicant by a 3-2 vote and agreed with the applicant by a 5-0 vote with the remaining items.
Jack Ziegler made a motion to approve application #068009. The motion was seconded by Flint Heidlebaugh. By voice vote, the motion passed unanimously.
Chairman Baugh reminded Mr. Swartz that the setback would be measured from the steps, if steps are placed in the front of the building.
Case # 068011 – Chris & Linda Fox
Secretary Erwin read the facts of the case. The applicants propose the construction of an accessory building on property located at 2568 NE Catawba Road. The property is located in the “A” residential low density district. The applicants are requesting a variance to allow the accessory building to exceed the 950 square foot size requirement. The applicants propose an accessory building containing 1,932 square feet (42’ x 46’).
The zoning inspector received no correspondence.
When asked by Chairman Baugh, no member had a conflict of interest.
Mike Prosser was sworn in by Chairman Baugh. Mike Prosser noted that this property is Mr. Fox’s retirement home and that he has made improvements to the property. Mr. Fox intends to the turn the back of the property into fruit trees and that a makeshift barn is currently used as a chicken coop. Mr. Prosser noted the size limitation of 950 square feet and that Mr. Fox eventually intends to use the accessory building for agricultural purposes. The accessory building will be constructed similar to the existing house.
Chris Fox was sworn in by Chairman Baugh. Chris Fox indicated that the back of the property is full of fill and the area is not suitable for building. Mr. Fox noted that the building will not be visible to anyone.
Mr. Heidlebaugh noted that the property is a large piece of land.
Ms. Erwin questioned if the original chicken coop will be removed from the property. Mr. Fox indicated that it would either go away or be incorporated into the new building.
Chairman Baugh closed discussion from the floor.
The Board reviewed the finding of fact. Concerning Item #1, by a 3 – 2 vote, the Board disagreed with the applicant. Concerning Item #2, the Board agreed with the applicant by a 4 – 1 vote. Concerning Items #3, #4 and #5, the Board agreed with the applicant by a 5 – 0 vote, the Board agreed with the applicant on Item # 6 by a 3 – 2 vote and disagreed with the applicant by 3 – 2 vote on Item #7.
Sandy Erwin made a motion to approve application #068011. The motion was seconded by Diane Belden. By voice vote, the motion was approved unanimously.
Case # 068012 – Steve Frey & Dolores Miller
Secretary Erwin read the facts of the case. The applicants are proposing a garage addition to the home located at 1415 N. McCloy, also known as Lot 17 of Harbor Park Marina Subdivision. The property is located in the “R-4” Residential District and the applicants are requesting a variance to reduce the rear yard setback requirement from the thirty-five feet (35’) to twenty feet (20’).
The zoning inspector received no correspondence.
When asked by Chairman Baugh, no member had a conflict of interest.
The applicant was not in attendance.
Mr. Bickley noted that the applicants propose to add a garage onto the existing manufactured home, similar in location to the adjacent properties.
The Board reviewed the finding of fact. Concerning Item #1, the Board agreed with the applicant by a 5 – 0 vote. Concerning Item #2, the Board disagreed with the applicant by a 5 – 0 vote. By a 5 – 0 vote, the Board agreed with the applicant on the remaining Items.
Flint Heidlebaugh made a motion to approve application #068012. The motion was seconded by Jack Ziegler. By a voice vote, the motion was approved unanimously.
Approval of Minutes – May 10, 2017
The meeting minutes from the May 10, 2017 meeting was mailed to each member. Chairman Baugh noted a misspelling in his first name. Jack Ziegler moved to approve the May 10, 2017 meeting minutes with the correction noted by Chairman Baugh. Flint Heidlebaugh seconded the motion. The motion passed.
Approval of Minutes – May 24, 2017
The meeting minutes from the May 24, 2017 meeting were mailed to each member. Chairman Baugh noted a misspelling in his first name. Sandy Erwin moved to approve the May 24, 2017 meeting minutes with the correction noted by Chairman Baugh. Diane Belden seconded the motion. The motion passed.
Other Business
Matt Montowski questioned whether the Board would be willing to have the County Prosecutor make a presentation and address various issues. The Board indicated that they would be willing to participate.
Adjournment
Jack Ziegler moved to adjourn the meeting. Flint Heidlebaugh seconded the motion. The meeting was adjourned at 8:06 p.m.
Respectfully submitted,
___________________________ ____________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary