MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
OCTOBER 10, 2018
Attendees
Lee Short Jeffrey Roberts
Linda Short John Boling
Betty Roberts 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, Doug Blackburn, and Alternate Flint Heidlebaugh. Todd Bickley, Zoning Inspector and Matt Montowski, Trustee was also in attendance. 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 #068200 – Linda Short
Secretary Sandra Erwin read the facts of the case. The applicant is proposing to construct a garage and is requesting an area variance to exceed the building height from fifteen feet (15’) to twenty feet (20’) and exceed the cumulative square footage total of accessory buildings from 750 square feet to 920 square feet. The property is zoned “R-3” and is located at 5605 E. Lakeview Drive and is known as Lot 10 of Terrace Beach Subdivision.
No members had a conflict of interest.
Lee Short was sworn in by Chairman Baugh. Mr. Short corrected the application by indicating that the building size is 24’ x 30’ and not 24’ x 28’. The cumulative total of the square footage increases from 920 square feet to 976 square feet. The building will be eight feet (8’) off the left side yard and six feet (6’) off the rear yard. Mr. Short noted that the setbacks are met. Mr. Short indicated that the 10’ x 20’ garden shed will be removed and the new building will be a 2½ car garage with a loft. The loft will only be used as storage. A driveway will not be installed. Mr. Short commented that he has talked to his neighbors and they do not object. Architecturally, the garage will match the house. Mr. Short noted that the square foot cumulative total has increased from 920 square feet to 976 square feet. An existing studio 256 square feet in size and the new garage will be 720 square feet. The Board noted that lot coverage is slightly different; however, it will not be an issue.
Chairman Baugh questioned the new porch attached to the house. Mr. Short explained that a screen porch addition without a column has been constructed. The existing house is nine feet (9’) off the side lot line while the new addition is twelve feet (12’) off the side property line. The installation of a porch column will be ten feet (10’) off the side lot line; however, to match the existing overhang, the new overhang would be 2½ feet in length and would be nine feet (9’) off the side lot line. Thus, Mr. Short requested the Board to amend the application to include a one (1) foot variance for the new overhang on the porch addition. This would allow the gutter and eaves to line up with the existing house. The Board agreed to amend the application as requested.
Doug Blackburn questioned the loft area. Mr. Short indicated that it will not be a living area and that it will be used for storage.
Jack Ziegler noted that with the increased size of the accessory building, the lot coverage will be at 20.55%.
Chairman Baugh closed the discussion from the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant 5 – 0 on all seven (7) items.
Doug Blackburn made a motion to approve Case #068200, which included amending the application to reflect the increase size of the accessory building from 24’ x 28’ to 24’ x 30’ and to reduce the side yard setback from ten feet (10’) to nine feet (9’) for the new porch overhang attached to the house. In addition, the motion was also based on the fact that the loft will not be used as a living area. The motion was seconded by Jack Ziegler. Motion passed.
Case #331805 – Jeff & Betty Roberts
Secretary Sandra Erwin read the facts of the case. The applicants propose an addition to a single family dwelling located at 5216 E. Dane Avenue and are requesting a rear yard setback from thirty-five feet (35’) to five feet (5’). In addition, the applicants propose to relocate an accessory building, which would be four feet (4’) from the house instead of five feet (5’) and two feet (2’) from the addition instead of five feet (5’). The property is zoned “C-2” General Commercial District.
No Board members had a conflict of interest.
John Boling was sworn in by Chairman Baugh. Mr. Boling indicated that the Roberts will be moving from Mansfield and living year round at the Dane Avenue property. The addition will be used as a hobby room, bedroom and storage area. The most likely to be impacted by the addition would be the neighbor to the south who is not against the addition. The subdivision property owners have approved the addition, which includes the property owner to the south.
Chairman Baugh questioned the shed. Mr. Boling noted that the owners are willing to relocate the shed if it were to be required by the Board.
Betty Roberts was sworn in by Chairman Baugh.
Flint Heidlebaugh questioned if the property owner to the west had any concerns. Mr. Boling indicated that the property owner to the west did not have a problem with the addition and signed the subdivision approval form. Mr. Blackburn expressed concern with the closeness of the shed to the addition. Mr. Boling commented that the shed consisted of combustible materials. Mr. Heidlebaugh suggested proper fire retardant materials be used. Discussion on the shed continued. Mr. Boling indicated that a fire wall could be added to the addition.
Mr. Ziegler questioned the property owner to the south. Betty Roberts indicated the owner was George Jason who indicated he was fined with the plans.
Chairman Baugh noted that the applicants had requested the same variance back in 2011, and the application was denied by the Board. Mrs. Roberts noted that the previous property owner to the south was not in favor of the request and that he had a personal vendetta.
Chairman Baugh closed discussion from the floor.
The Board reviewed the finding of fact. The Board disagreed with the applicant by a 3 – 2 vote on Item 1; agreed with the applicant by a 5 – 0 vote on Items 2, 4, 6 and 7; agreed with the applicant by a 4 – 1 vote on Item 3; and disagreed with the applicant by a 5 – 0 vote on Item 5.
Flint Heidlebaugh made a motion to approve Case #331805 with the condition that fire retardant drywall be used on the addition facing the shed. The motion was seconded by Sandra Erwin. Motion passed.
Case #331806 – The South Passage Corp.
Sandra Erwin read the facts of the case. The applicant is proposing to expand a parking area and is requesting a variance to allow the parking area to be thirty feet (30’) from the center of the road right-of-way (NW Catawba Road) rather than fifty feet (50’) and to allow a split level fence five feet (5’) off the road right-of-way (NW Catawba Road) which would place the fence in the required front yard. The property is located at 4189 NW Catawba Road and is zoned “C-3” Highway Commercial District.
Sandra Erwin indicated a conflict and removed herself from the discussion.
Mr. Bickley indicated that due to the wind forecast, the applicants were unable to attend the meeting but would be available by phone.
Mr. Blackburn noted a previous case where a parking area was within fifty feet (50’) of an agricultural/residential zoned property and the Board indicated that they would not variate from fifty feet (50’). Chairman Baugh indicated that each case must be reviewed on its own merits.
Chairman Baugh questioned if the flags were the location of the fence. Mr. Bickley noted that the flags do represent the fence location. Mr. Bickley noted that a gate is also proposed, but was unsure if it were to be used only as an exit.
Rick Smetzer agreed with Mr. Blackburn, but noted that parking for the ferry is critical. Mr. Bickley noted that the adjoining property owners received a notice concerning the meeting. Mr. Smetzer was concerned during the evening hours, headlights shining into the properties across the street.
The Board reviewed the finding of fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 3, 4, 5, 6, and 7; and disagreed with the applicant by a 4 – 1 vote on Item 2
Jack Ziegler made a motion to approve Case #331806. The motion was seconded by Flint Heidlebaugh. The motion passed with Doug Blackburn voting against the motion.
Other Business
Mr. Bickley commented that Mr. Blackburn questioned whether the fence at 5121 Sloan Street was in compliance as previously approved by the Board. Discussion followed. Mr. Bickley will review the minutes.
Mr. Bickley presented to the Board a revision requested by MBC Development for the screening plan at the Dollar General Store property. Ed Davis indicated that two (2) contractors suggested using steel posts core drilled into the concrete wall instead of wood posts. The Board agreed to the revision.
Approval of Minutes – September 12, 2018
The meeting minutes from the September 12, 2018 meeting was mailed to each member. Doug Blackburn moved to approve the September 12, 2018 meeting minutes. Sandra Erwin seconded the motion. Motion passed.
Adjournment
Jack Ziegler moved to adjourn the meeting. The motion was seconded by Sandra Erwin. The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary