MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JULY 10, 2019
Attendees
Lenora Conley Jim O’Conner
Tim Conley Michael Voll
Jeff Stopar Vince Lathrop
Elizabeth Skrinak Patty Cable
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Sandy Erwin, Jack Zeigler, Doug Blackburn, and Alternate Flint Heidlebaugh. Brian Caldwell, Alternate 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 no questions.
Old Business
Case #331893 – Mike Voll
Jack Ziegler made a motion to remove Case #331893 from the table. The motion was seconded by Flint Heidlebaugh. Motion passed.
Sandy Erwin noted that the case was continued from the June 12th meeting. The applicant proposes an attached garage addition and is requesting the reduction of the rear yard setback from thirty-five feet (35’) to eight feet (8’). The property is located at 4212 Park and is also known as lots 132 & 133 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District. Owner of record is Mike Voll and plans have been submitted. A letter was received from the Catawba Cliffs Association and read by Ms. Erwin. The golf cart storage was eliminated and the setback is now 17’-6”. The Association approved the garage addition with the elimination of the golf cart storage shed.
Michael Voll was sworn in by Chairman Baugh. Mr. Voll explained that a surveyor (Dale Barnes) was hired to do a boundary survey. It was determined that the area dug out for the driveway did cross over onto the property to the south. This area will be returned as it existed prior to the construction. The property line to the west was verified and the golf cart storage facility will be eliminated. As a result, the setback from the west property owner will be 17’-8”. Mr. Voll reminded the Board that the existing house sits only 7’-6” from the west property line. The proposed garage will be behind the westerly neighbor’s house and garage, and not obstructing the lake view. No additional noise or pollution will be created. Garbage cans and beach toys will be stored in the garage. Mr. Voll also provided the Board with a revised drawing showing that the old shed, which was approximately six feet (6’) from the lot line, was removed. Mr. Voll noted that the only change from last month was the elimination of the golf cart storage and the setback for the garage will now be 17’-8”.
Chairman Baugh questioned two garages. Mr. Voll indicated that the existing garage was changed into a bedroom. A shed was the only storage building on the lot. The proposal is to build a new attached garage and eliminate the shed. Mr. Voll commented that with the golf cart storage elimination, the proposed garage should have minimum effect on the property owner to the west.
Chairman Baugh questioned if a garage door now exists. Mr. Voll indicated that it does, but it is now part of a bedroom and the door was to like the door on the shed. The property owner to the south would see the garage doors on the proposed addition.
Jack Ziegler questioned the pins on the property. Mr. Voll indicated that the pins were placed by Mr. Barnes and that the pin on the west side along Cliff Road is offset by about a foot since Mr. Barnes did not want to set the pin in the neighbor’s driveway.
Jeffrey Stopar, representing Elizabeth Skrinak, was sworn in by Chairman Baugh. Mr. Stopar questioned when the garage was converted to a bedroom. Mr. Voll indicated that the work started about three (3) years ago. Mr. Stopar questioned whether permits were obtained. Mr. Voll indicated that Scott Adams was the contractor and he was required to obtain the necessary permits.
Elizabeth Skrinak was sworn in by Chairman Baugh. Mrs. Skrinak indicated that she and her husband are against the issuance of the area variance. The proposal would increase the density of the southwest corner of the property and negatively impact the property values. If granted, the benefit would be for the applicant and not the adjacent property owners. The property owners purchased the property in 2017 that had an existing two car garage. The current setback is thirty-five feet (35’) and the proposed construction would establish the setback at 17’-8”. The hardship is self-made because the applicant decided to convert the existing two car garage into a bedroom. Mrs. Skrinak completed the Finding of Fact summary and requested the Board to consider her comments.
Concerning the Finding of Fact, Mr. Stopar commented that the important factor is the significance of the variance. The variance requested by the applicant amounts to over a 50% variance. Mr. Stopar noted that it is tight in the back where the garage is proposed. Mr. Stopar noted the encroachment of the existing home and he commented either an area variance was issued for the home or it was built prior to the regulations. If built prior to the regulations, it is a valid non-conforming use. There may be a problem, that according to the County Auditor’s website, the structure contains over 2100 square feet. Mr. Voll indicated that square footage was over 3,100 square foot, which included the construction of a 15’ by 26’ sunroom. The proposed garage addition is 24’ x 24’. Mr. Voll noted that an existing 15’ x 15’ shed was removed and replaced with the attached garage.
Chairman Baugh questioned what the square footage of the home has to do with the area variance. Mr. Stopar cited Section 7. D. 6. of the zoning resolution which contains the 20% rule and that a non-conforming structure cannot be enlarged by more than 20% without another variance. Chairman Baugh indicated that the zoning inspector did not require this section to be included in the variance application.
Chairman Baugh questioned the original structure. Mr. Voll showed the original structure as shown on the drawing. The original structure was built in 1952/1953. Chairman Baugh questioned when the Skrinak’s home was built. Mrs. Skriniak indicated 2005. Chairman Baugh questioned Mrs. Skrinak if she had an issue with the location of the existing home. Mrs. Skrinak indicated they were aware of the existing setback.
Mr. Voll indicated that he was unaware that he was going to upset his neighbors with the garage addition. The property is for sale, asking price is over $900,000 and potential buyer walked away because of no garage. The garage will be tastefully done and the area will be better for the neighbors. Mr. Voll agrees that it is self-inflicted since he had the existing garage converted to livable space.
Mrs. Skrinak noted that if permitted, the amount of the wall along the property line will be doubled. Mrs. Skrinak indicated that she would rather not look at a garage along that portion of the property.
Chairman Baugh closed the discussion from the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant on Items 2, 3, 4, 5 and 7 by a 5 – 0 vote, disagreed with the applicant on Item 1 by a 5 – 0 vote and disagreed with the applicant on Item 6 by a 3 – 2 vote.
Doug Blackburn made a motion to approve Case #331893 as amended, which included the removal of the golf cart storage and resulted in the rear yard setback to be at 17’-8”. The motion was seconded by Jack Ziegler. All Board members voted in favor of the motion. Chairman Baugh did not vote.
Case #331902 – Timothy & Lenora Conley
Sandy Erwin read the facts of the case. The applicants are proposing the placement of a manufactured home on a vacant lot and they are requesting the reduction of the rear yard setback from twenty-five feet (25’) to eighteen feet (18’). The property is located at 5259 E. Buchanan Drive and is also known as Lot 27 of Maplewood Subdivision 2. The property is zoned “R-3” Residential District.
No Board member had a conflict of interest.
Tim Conley was sworn in by Chairman Baugh. Mr. Conley stated that he owns two (2) lots side by side. The intent is to install a mobile home on the lot for use by the kids or to possibly sell it.
Chairman Baugh questioned the lot with the current home. Mr. Conley indicated it would be the eastern lot. Mr. Conley noted that a 14’ x 42’ addition will be added to the home. The home will be five feet (5’) off the east side and seventeen feet (17’) off the west side. Mr. Conley noted that the mobile home will be set back a little further than the neighbors in the rear but will line up with the neighbors along the front.
Chairman Baugh questioned the shed. Mr. Conley indicated that he would like to replace the existing shed with a newer shed and place it in the same location. The newer shed is smaller than the existing shed.
Chairman Baugh questioned if the current shed is on the property line. Mr. Conley indicated that it was. Jack Ziegler questioned the shed’s location to the north and west line. The existing shed is on both property lines. Mr. Conley noted that the other neighboring sheds are on the property lines. Chairman Baugh noted that the application would need to be amended to allow the replacement shed at the same location as the existing shed.
Secretary Erwin noted that no correspondence was received.
Mr. Conley verified the location of the addition, which will be living space. Mr. Ziegler questioned steps. Mr. Conley indicated that steps will be coming off the back. Mr. Ziegler indicated that steps are considered part of the structure and they must meet the setback. Mr. Conley determined that steps could come off the front of the addition.
Chairman Baugh closed the discussion to the floor.
The finding of fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 2, 3, 4, 5 and 7; and agreed with the applicant by a 4 – 1 vote on Item #6.
Sandra Erwin made a motion to approve Case #331902 with the amendment that a replacement shed of same or less in size is permitted in the same location as the existing shed. The motion was seconded by Jack Ziegler. All Board members voted in favor of the motion. Chairman Baugh did not vote.
Approval of Minutes – June 12, 2019
The meeting minutes from the June 12, 2019 meeting was mailed to each member. Jack Ziegler moved to approve the June 12, 2019 meeting minutes. The motion was seconded by Sandra Erwin. Motion passed.
Adjournment
Sandra Erwin moved to adjourn the meeting. The motion was seconded by Doug Blackburn. The meeting was adjourned at 6:57 p.m.
Respectfully submitted,
______________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary