Minutes: December 12th, 2018

MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS

DECEMBER 12, 2018

Attendees

Gloria Baker Allison Falls
Lenora Conley Bob Reynolds
L. J. Overmyer Matthew Hurst
Bruce Peterson

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 #331826 – W&W Rock Enterprises

Secretary Sandra Erwin read the facts of the case. The applicant is proposing a building addition and is requesting a variance to reduce the side yard setback, which is adjacent to a private road right-of-way, from twenty-five feet (25’) to eight feet (8’). The property is located at 2772 Sand Road and also known as Lots 68, 69 & 70 of Rock Ledge and part of southwest corner of park area. The property is zoned “R-4” Residential District.

Board member Doug Blackburn had a conflict of interest and removed himself from the Board review of Case #331826.

L. J. Overmyer was sworn in by Chairman Baugh. Mr. Overmyer indicated that the property owner will have a garage constructed and attached to the home by a breezeway. The placement of the building on the lot has been determined by the trees and rocks and as a result, the area variance is required. The structure has been designed to match the neighboring homes. Mr. Overmyer submitted a letter from Gary & Beck Quisno, neighboring property owners, whom had no objections to the proposed addition.

Chairman Baugh questioned whether the overall dimensions of the building was 38’ x 32’. Mr. Overmyer indicated that was correct. Chairman Baugh questioned if the garage was connected to the house. Mr. Overmyer indicated that the garage was connected to the house by a breezeway.

Mr. Overmyer noted that a cottage that was situated in the right-of-way has been removed.

Chairman Baugh questioned how many homes used the drive. Allison Falls indicated that five (5) families use the drive.

Jack Zeigler questioned the office/porch as shown on the plans. Mr. Overmyer indicated that the porch is not enclosed.

Allison Falls was sworn in by Chairman Baugh. Ms. Falls commented that Jeff & Judy have done a great job with the property. Ms. Falls noted that she owns property behind the Inn which she may build a home on and she questioned the height of the addition in comparison with the existing home. Mr. Overmyer stated that the garage height is twenty-seven feet (27’) but he was unsure of the existing home’s height.

Ms. Falls questioned if she could see the drawings. A set of drawings was provided to Ms. Falls which Mr. Overmyer reviewed with Ms. Falls.

Ms. Falls questioned the distance between the structure and the road pavement. Upon review of the drawing, it was determined that the nearest point between a car with the structure will be twenty-two feet (22’). Ms. Falls noted that during a snow event and because of road’s grade, a car can get stuck. Mr. Overmyer commented that the garage will start at the approximate location of thirty-six inch (36”) oak tree.

Ms. Falls requested that the letter from Quisno’s be read. Secretary Sandy Erwin read the letter.

Ms. Falls expressed concern as to whether the garage height will exceed the height of the existing structure. Her concern related to property value. Mr. Overmyer commented that the garage will stay behind and adjacent to the existing building. Ms. Falls did not want to lose sight of the lake. The Board reviewed the file and noted that a drawing showed that the garage will not exceed the height of the existing building. Mr. Overmyer noted that he will need to cut into the ground several feet so that the garage will match up with the existing building.

Ms. Falls questioned the distance from the rear yard. Mr. Bickley noted that the application indicated that the garage will be 100 feet off the rear yard property line.

Ms. Falls questioned why not go back the full twenty-five feet. Mr. Overmyer indicated that the owner did not want to take down additional trees and not affect the rock garden.

Chairman Baugh closed the discussion from the floor.

The finding of fact was reviewed by the Board. The Board agreed with the applicant 4 – 0 on all Items, except for Item #2, which they disagreed by a 3 – 1 vote.

Jack Zeigler made a motion to approve Case #331826. The motion was seconded by Flint Heidlebaugh. Motion passed.

Case #331831 – Susan Battiato

Secretary Sandra Erwin read the facts of the case. The applicant proposes an addition to a single family dwelling located at 3578 N. Cliff Road and is requesting a rear yard setback from thirty-five feet (35’) to eighteen feet (18’). The property is zoned “R-1” Residential District.
No Board members had a conflict of interest.

Bruce Peterson was sworn in by Chairman Baugh. Mr. Peterson indicated that the size of the addition is 20’ x 22’. The house is small and more room is needed. The house was built in 1949 and was placed towards the rear of the lot.

Chairman Baugh questioned the existing garage. Mr. Peterson noted that the garage will stay at its current location.

Chairman Baugh closed discussion from the floor.

The Board reviewed the finding of fact. The Board agreed with the applicant by a 4 – 0 vote on Items 3, 4, 5 and 7; disagreed with the applicant by a 4 – 0 vote on Item 2 and by a 3 – 1 vote on Item 6; and had a tie vote of 2 – 2 on Item 1.

Doug Blackburn made a motion to approve Case #331831. The motion was seconded by Sandra Erwin. Motion passed.

Case #331832 – Allan & Joan Braman

Sandra Erwin read the facts of the case. The applicants are proposing to install an accessory building and they are requesting a variance to exceed the building height requirement of fifteen feet (15’) to twenty-one feet (21’). The property is located at 5232 E. Sloan Street and is zoned “C-3” Highway Commercial District.

No Board members had a conflict of interest.

Matthew Hurst was sworn in by Chairman Baugh. Mr. Hurst explained that the applicant proposes to build a pole barn for storage of two (2) vehicles and a potential boat. The applicants intend to establish the home as their permanent residence.

Mr. Bickley commented that he received a phone call from an adjacent property who did not object to the variance application.

Chairman Baugh questioned if the structure will be a pole building. Mr. Hurst indicated that it will be a pole building. Mr. Baugh questioned the exterior look. Mr. Hurst commented that the building will be two tones with a Hunter Green metal roof and corrugated siding and Hunter Green near the foundation.

Gloria Baker was sworn in by Chairman Baugh. Ms. Baker questioned if the structure will be situated where the concrete pad is located. Mr. Hurst indicated that the structure will be five feet (5’) off the existing driveway and it will not be situated where the pad is located. Ms. Baker questioned the size and Mr. Hurst noted the structure is 30’ x 50’. Ms. Baker expressed concern with cutting off the breeze. Ms. Baker did not have an objection to the propose building.

Lenora Conway was sworn in by Chairman Baugh. Ms. Conway commented that she did not have an objection to the proposal.

Discussion from the floor was closed.

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; and agreed with the applicant by a 4 – 1 vote on Items 2 and 6.

Sandy Erwin made a motion to approve Case #331832. The motion was seconded by Jack Zeigler. The motion passed.

Approval of Minutes – November 14, 2018

The meeting minutes from the November 14, 2018 meeting was mailed to each member. Doug Blackburn moved to approve the November 14, 2018 meeting minutes. Jack Zeigler seconded the motion. Motion passed.

Other Business

Chairman Baugh questioned the Miller Boat Line appeal. Mr. Bickley noted that both Catawba Island and Miller Boat Line have filed briefs and that Mr. Jadwisiak has until December 17th to respond to those briefs.

Mr. Bickley informed the Board that he has had conversation with the Johnson’s concerning the fence at 5121 Sloan Street. Depending on weather, Mr. Johnson will amend the fence as previously agreed to.

Mr. Bickley informed the Board that the 4-sided versus 2-sided brick Dollar General Store building is being reviewed.

The Board discussed changing the start time from 7:00 p.m. to 6:00 p.m. The Board did not vote on the change.

Mr. Blackburn commented on the lights at Twin Oast, specifically the lights on the south end of the property.

Adjournment

Sandy Erwin moved to adjourn the meeting. The motion was seconded by Flint Heidlebaugh. The meeting was adjourned at 8:08 p.m.

Respectfully submitted,


______________________________ ______________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary