MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
OCTOBER 11, 2017
Attendees
Lynne Bennett
Robin Canale
Larry Jenkins
Heather McCurdy
Bill Violet
Ray Hendrix
Rick Smetzer
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, Tim McKenna and alternate 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 #068064 – Richard & Lynne Michaels
Secretary Erwin read the facts of the case. The applicants are requesting a variance to allow an 8’ x 10’ existing accessory building (shed/greenhouse/potting shed) to exceed the 950 square foot cumulative size requirement of all accessory buildings by eighty (80) square feet. The property is located at 3729 Ridge Road and is also known as lots 414, 415 and 416 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District. All fees have been paid.
Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.
Todd Bickley, zoning inspector, received a letter from an adjoining property owner that was provided to the Board.
Lynne Bennett was sworn in by Chairman Baugh. Ms. Bennett noted that when the garage was recently built, the old shed was removed and replaced with a little greenhouse. Chairman Baugh questioned if it was the same size as the shed that was removed. Ms. Bennett indicated that the building was smaller than the shed that was removed. The new building was placed on a stone bed, professionally built and it met all setbacks.
Chairman Baugh closed discussion from the floor.
Sandy Erwin questioned the deck and whether it should be included in the square footage. Ms. Bennett indicated that the deck was flat leading up to the door. Discussion followed. The Board noted that a pergola style roof was over the deck and it was determined that the variance request should be increased by fifty (50) square feet. The request is now to increase the square footage of the accessory building limit by 130 square feet.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 5-0 vote on all items, except for item #5, which they agreed by a 4 – 1 vote.
Tim McKenna made a motion to approve application #068064 as amended to 130 square feet. The motion was seconded by Flint Heidlebaugh. By voice vote, the motion passed unanimously.
Case #068065 – Robin Canale
Secretary Erwin read the facts of the case. The applicant is proposing a new single family dwelling at 3021 N. Dorothy Drive and is also known as Lot 1 and the south ten feet (10’) of Lot 2 of Lemmerman Meadows Subdivision. The property is zoned “R-3” Residential District. The applicant is requesting the reduction of the front yard setback from thirty feet (30’) to twenty-five feet (25’), reduction of the side yard setback along Noreaster Cove Drive from twenty-five feet (25’) to twenty feet (20’), the opposite side yard from six feet (6’) to five feet (5’), and the rear yard setback from twenty-five feet (25’) to nine feet (9’). All fees have been paid.
The zoning inspector received no correspondence.
When asked by Chairman Baugh, no member had a conflict of interest.
Heather McCurdy, representing Robin Canale, was sworn in by Chairman Baugh. Ms. McCurdy also represents Clayton Homes, the company that will be installing the new home. Heather explained that the existing home will be removed and replaced with a new double wide. The lot is small and nearly impossible to not be required to request a variance. The front of the new home is close to where the existing home now exists.
Chairman Baugh questioned if a second access to the house, other than the front, is planned. Ms. McCurdy indicated that a second access will be made available at the rear of the house on the north side. Chairman Baugh asked if the access will include steps. Ms. McCurdy stated that steps would be included, which would project out three feet (3’) to the height of the house. Chairman Baugh noted that the variance on that side would need to be increased. Ms. McCurdy commented that the home could be moved three feet (3’) closer to Noreaster Cove Drive and the side yard setback would be reduced from twenty feet (20’) to seventeen feet (17’).
Chairman Baugh closed discussion from the floor and he noted that this is a substantial request for a substandard lot that does require variances. He commented that this would be a nice addition to the neighborhood. Flint Heidelbaugh noted that Clayton Homes have installed a nice home down the street.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 5 – 0 vote for items #1, 3, 4, 5 and 7; agreed with the applicant by a 4 – 1 vote on item #2; and disagreed with the applicant on item #6 by a 3 – 2 vote.
Tim McKenna made a motion to approve application #068065, which included amending the side yard setback along Noreaster Cove Drive from twenty feet (20’) to seventeen feet (17’). The motion was seconded by Sandra Erwin. By voice vote, the motion was approved unanimously.
Case #068066 – Amy Underwood
Secretary Erwin read the facts of the case. The applicant is proposing a deck and pergola top to be added to the home located at 2671 E. Sand Road and also known as lot 29 of Crescent Beach Subdivision C. The property is zoned “R-3” Residential District. For the deck, the applicant is requesting a rear yard setback from twenty-five feet (25’) to fifteen feet (15’) from the water’s edge to the existing lake retaining wall and for the pergola top, the applicant is requesting a side yard setback from five feet (5’) to two feet (2’). All fees have been paid.
The zoning inspector received no correspondence.
Chairman Baugh questioned if any Board members had a conflict of interest. No Board member had a conflict.
Joe Hendrix, representing Amy Underwood, was sworn in by Chairman Baugh. Mr. Hendrix explained that the applicant proposes to add a deck from the home to the wall and keep it five feet (5’) from the property line. In addition, a pergola top will be added to the home, which is already two feet (2’) off the property line. Mr. Hendrix reviewed the drawing with Board.
Bill Violet was sworn in by Chairman Baugh. Mr. Violet was the adjoining property owner to the east of Amy Underwood. Mr. Violet noted that the water’s edge to the house is forty-seven feet (47’) and now they will have only thirty-two feet (32’). Mr. Violet has seen the water go over the sea wall and hit the house. Chairman Baugh questioned if Mr. Violet had a concern with his property. Mr. Violet noted his view from the northwest windows will be affected; however, his major concern was with the flooding potential.
Jack Ziegler questioned construction. Mr. Hendrix indicated that it would be treated lumber with no exposed wood. The water will be allowed to drain properly. Mr. Hendrix also noted that the deck will not block the adjoining property owner’s view.
Tim McKenna questioned the deck dimensions. Mr. Hendrix noted that the deck is twenty-four feet (24’) out and twenty feet (20’) wide.
Chairman Baugh closed discussion to the floor. Mr. Ziegler noted that the deck will be designed so that the neighbors view will not be obstructed.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 5 – 0 vote on items #1, 3, 4, 5 and 7; disagreed with the applicant by a 4 – 1 vote on item #2 and on item #6 by a 5 – 0 vote.
Jack Ziegler made a motion to approve application #068066. The motion was seconded by Flint Heidlebaugh. By a voice vote, the motion was approved unanimously.
Approval of Minutes – September 13, 2017
The meeting minutes from the September 13, 2017 meeting was mailed to each member. Jack Ziegler moved to approve the September 13, 2017 meeting minutes. Sandra Erwin seconded the motion. Motion passed.
Other Business
Todd Bickley reviewed the George Phebus case.
Adjournment
Tim McKenna moved to adjourn the meeting. Flint Heidlebaugh seconded the motion. The meeting was adjourned at 7:56 p.m.
Respectfully submitted,
_____________________________ _______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary