MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
FEBRUARY 14, 2018
Attendees
Vince Zelenka
David Angyal
Kelly Frank
E. M. Colan
Scott Frank
Steve Lieber
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, Tim McKenna, and Doug Blackburn. Chairman Baugh announced that member Jack Ziegler and alternates Diane Belden and Flint Heidlebaugh were absent. Also in attendance were Todd Bickley, Zoning Inspector and Trustee Matt Montowski. 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 #068100 – Kelly M. Frank
Secretary Erwin read the facts of the case. The applicant is proposing the construction of a
16’ x 16’ covered grill porch with three feet (3’) of steps at 5311 E. Bay Pointe Circle and also known as Lot 25 of Bay Pointe Subdivision. The applicant is requesting a reduction of the rear yard setback from thirty-five feet (35’) to twenty-five feet (25’). The property is located in an “R-4” Residential District. All fees have been paid. Secretary Erwin noted that she did not have any correspondence.
Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.
Kelly Frank was sworn in by Chairman Baugh. Ms. Frank explained that they are currently building a house with a 10’ x 16’ covered grilled porch. The initial intent was to have a 16’ x 16’ covered grill porch, but the plans were not changed. If the property were zoned “R-3”, a variance would not be required since the rear yard setback is twenty-five feet (25’). However, the property in this subdivision is zoned “R-4”.
Tim McKenna questioned if the porch will be enclosed. Ms. Frank indicated that it will be roofed but will not be enclosed. The steps will be twenty-five feet (25’) from the rear property line. Chairman Baugh questioned if the porch would be enclosed in the future. Ms. Frank indicated that the porch may at some time be screened, but not permanently enclosed.
Secretary Erwin questioned if the porch could be placed on the east side. Ms. Frank indicated that is a possibility.
Chairman Baugh questioned if whether the property owner adjacent to the property’s rear has been approached. Ms. Frank indicated that she has not talked with that property owner.
The Board reviewed an aerial photo and agreed that it appeared that the 16’ x 16’ covered grill porch with three feet (3’) of steps would not interfere with the neighbors.
Chairman Baugh closed discussion from the floor. Chairman Baugh commented that lot coverage is met and that there would be no interference with the neighbors. Doug Blackburn noted that the proposal is not out of line with what is currently in the neighborhood.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 4 – 0 vote on all seven (7) items.
Tim McKenna made a motion to approve application #068100. The motion was seconded by Doug Blackburn. The motion was approved unanimously.
Case #068099 – David & Arlene Angyal
Secretary Erwin read the facts of the case. The applicants have placed an accessory building (shed) on the property located at 5247 E. Lawrence Drive and also known as Lot 2 of Maplewood Subdivision. The applicants are requesting the reduction of the rear yard setback from five feet (5’) to three feet (3’), the reduction of the side yard setback from five feet (5’) to one (1) foot and the reduction of the setback to the house from five feet (5’) to six inches (6”). The property is zoned “R-3”. All fees have been paid. Secretary Erwin noted that correspondence was received from E. M. Colan.
Chairman Baugh questioned if any Board member had a conflict. No conflict existed for the Board members.
David Angyal was sworn in by Chairman Baugh. Mr. Angyal noted that a shed was placed on an existing pad, which has a sub-basement/cellar underneath it. The current trailer replaced an old trailer and now covers the access to the cellar. Access to the cellar is now available inside the shed. The shed is used for dry storage. Mr. Angyal provided photos of other sheds in the neighborhood with similar locations.
Chairman Baugh commented that the shed was placed on the property without a zoning permit and variance approval. Mr. Angyal indicated that he was unaware a zoning permit was required and that the shed was placed on an existing pad.
Mr. McKenna noted that the new trailer covers the access to the cellar. Mr. Angyal indicated that was correct.
Chairman Baugh questioned if the lot has been surveyed. Mr. Angyal indicated that the lot has not been surveyed.
Mr. Blackburn questioned if the shed is blocking a window, and as a result, affecting the ability to get out of the trailer during a fire. Mr. Angyal indicated a second window in the bathroom is available for egress. Mr. Blackburn questioned if the shed was fireproofed. Mr. Angyal noted that the shed is plastic.
Chairman Baugh questioned if it is tied down and Mr. Angyal indicated that it is tied down. Secretary Erwin questioned if the shed had electric. Mr. Angyal noted that the shed is not serviced with electric.
Eileen Colan was sworn in by Chairman Baugh. Ms. Colan noted the correspondence submitted to the Board along with the photographs. Mr. Blackburn commented that he was able to print the photos.
Vince Zelenka was sworn in by Chairman Baugh. Mr. Zelenka indicated that his property is to the north and that he had no problem with the shed but expressed concern with whether the variance would have an impact on his fence installation. Mr. Bickley noted that the fence can go up to the property line regardless of whether the variance is approved or not approved. Zoning will regulate the fence height.
Chairman Baugh closed the discussion from the floor. Chairman Baugh noted that he was concerned with the property line issue raised by the adjacent property owner. Mr. Blackburn noted that past approvals had required an accessory building to have fire retardant materials. Chairman Baugh noted that case involved homes that were closer. Secretary Erwin noted the shed is not serviced with electricity. Mr. Blackburn questioned if a sump pump would be placed in the cellar. Mr. Angyal indicated that a sump pump is a possibility.
Chairman Baugh considered the three options available to the Baord: approval, denial or tabling the request.
Mr. Blackburn questioned if the shed could be placed on the other side of the building. A photo of the lot was reviewed. Mr. Angyal indicated that the shed would not fit on the other side.
Mr. Blackburn questioned Ms. Colan as to what was her biggest issue with the shed at the current location. Ms. Colan commented that her issue was the reconfiguration of the property with the trailer out front. Ms. Colan also noted that she would have a concern with the fire retardant issue and its location to her accessory building.
Doug Blackburn made a motion to table the request until March 14, 2018 to allow the applicant time to obtain a survey of his property. The motion was seconded by Tim McKenna. Motion passed unanimously.
Ms. Colan questioned the other issues addressed in her correspondence. Mr. Bickley noted that the Board does not review violations. Violations are submitted to the zoning inspector who then reviews and acts on the possible violations.
Approval of Minutes – January 10, 2018
The meeting minutes from the January 10, 2018 meeting was mailed to each member. Doug Blackburn moved to approve the January 10, 2018 meeting minutes. Tim McKenna seconded the motion. Motion passed.
Other Business
Mr. Bickley informed the Board members that a previous applicant, Dennis Dickinson, received variance approval for a garage. Exceeding the lot coverage was included in the approval. Mr. Dickinson is now proposing a deck with stairs off the second floor. The Board indicated that both the deck and stairs would impact the lot coverage and an additional variance would be required.
Mr. Bickley indicated that he had a request from a property owner to ask if the Board would be okay with holding a special meeting this month. Trustee Matt Montowski noted a tax issue with the amount a Board member makes. The zoning inspector will schedule the hearing for March 14, 2018.
Mr. Bickley reminded the Board that they will be meeting with the County Prosecutor at 5:30 p.m., April 11th. The regular meeting will then begin at 7:00 P.M.
Adjournment
Secretary Sandi Erwin moved to adjourn the meeting. Tim McKenna seconded the motion. The meeting was adjourned at 7:52 p.m.
Respectfully submitted,
___________________________ _____________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary