MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MARCH 11, 2020
Attendees
Andrea Kummero Craig Koerpel
David Wonnell Bill Reineke
Edward P. Spitler Theresa Spitler
David Amerine Al McKean
Doug Young Evon Kademenos
Victor Kademenos
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Jack Ziegler, Tim McKenna, Alternate Flint Heidlebaugh, and Alternate Brian Caldwell. 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 no questions.
New Business
Case #331998 – Eugene Winchester
Todd Bickley read the facts of the case. The applicant is proposing a garage addition and is requesting an area variance to reduce the side yard setback from twenty-five feet (25’) to six feet (6’), reduce the rear yard setback from thirty-five feet (35’) to twenty-two feet (22’) and exceed the nonconforming building expansion limitation of twenty percent (20%) to 54.7%. The property location is 3657 N. Ridge Road and is also known as Lot 408 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict of interest.
A representative for the application was not in attendance.
Tim McKenna made a motion to table the request. The motion was seconded by Jack Ziegler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #254802 – Catawba Island Historical Society, Inc.
Todd Bickley read the case facts. The Catawba Island Historical Society, Inc. is requesting an area variance for an off-premise sign to be located at 4055 NW Catawba Road and also known as Block 3, Lots 10, 11 and 12 of Ottawa City Subdivision. The off-premise sign would be for the Catawba Island Museum at Union Chapel and replace the current Ottawa County Museum sign. The proposed sign would be fifteen (15) square feet in size and six (6) feet in height. The property is zoned “C-3” Highway Commercial District.
No Board member had a conflict of interest.
Craig Koerpel was sworn in by Chairman Baugh. Mr. Koerpel explained that he is President of the Catawba Island Historical Society and that the proposed sign would replace the current sign for the Ottawa City Museum at 4055 NW Catawba Road. The new sign will be fifteen (15) square feet in size and not exceed six (6) fee in height. A POA has been obtained from the property owner, Donald Rhodes, to proceed with the zoning variance. The directional sign would have Catawba Island Museum listed along with a sign pointing to Union Chapel. The sign’s purpose is to direct traffic to the museum so that more people can learn about Catawba Island.
Mr. Koerpel indicated that the historical society has over 250 members and has only been in existence for around two (2) years. The museum had over 850 visitors the first year it was open. Mr. Koerpel once again indicated that the existing sign would be replaced with the new sign.
Chairman Baugh questioned if the existing sign was to come down. Mr. Koerpel indicated that the Ottawa City Museum sign will come down and that the new sign will meet the township sign setback requirements.
Chairman Baugh questioned the sign construction. Mr. Koerpel commented that the sign will be aluminum type metal, single sided and be fifteen (15) square feet in size.
Chairman Baugh closed the discussion from the floor.
The Finding of Fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 vote on all items.
Tim McKenna made a motion to approve Case #254802. The motion was seconded by Flint Heidlebaugh. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254803 – Catawba Island Historical Society, Inc.
Todd Bickley read the case facts. The Catawba Island Historical Society, Inc. is requesting an use variance to place an off-premise sign at 3691 NE Catawba Road. The off-premise sign would be for the Catawba Island Museum at Union Chapel. The proposed sign would be fifteen (15) square feet in size and six (6) feet in height. The property is zoned “A” Residential Low Density District.
Zoning Inspector Todd Bickley explained the difference between an area and use variance.
No Board member had a conflict of interest.
Craig Koerpel was sworn in by Chairman Baugh. Mr. Koerpel indicated that the sign is similar to the previous case in that the only difference is that “Turn Left” will be placed within the arrow. The sign will be placed across from the Catawba Island Brewery as close to Porter Road as possible. The sign is a directional sign.
The sign location was questioned by Chairman Baugh. Mr. Koerpel stated that the sign would be located on the north side of the property, closer to the private driveway.
Theresa Spitler was sworn in by Chairman Baugh. Mrs. Spitler indicated that she is a property owner to the south and she expressed the following concerns: how close the sign would be to the lane that serves her property and what happens to the approved sign if it is no longer needed. Mr. Koerpel noted that the sign is at the north side of the property away from the lane that serves Mr. Bassett and Mr. Smith’s lots. Chairman Baugh noted that the BZA can place stipulations on variances. The Board agreed that the sign, including posts, would be required to be removed if the museum were to close.
Mrs. Spitler questioned the sign colors. Mr. Koerpel noted that sign will be black on white.
Mrs. Spitler questioned the location of the sign as to the drive going into Catawba Brewery. The next left would be the Catawba Brewery driveway. Mr. Koerpel indicated that the sign would be beyond the Catawba Brewery entrance and that the next left is Porter Street.
Chairman Baugh closed discussion from the floor.
The Finding of Fact was reviewed by the Board. The Board agreed with the applicant by a 5 – 0 on all three items.
Brian Caldwell made a motion to approve Case #254803, with the condition that the sign, including posts, be removed if the museum is no longer in business. The motion was seconded by Tim McKenna. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254806 – Reinx3, LLC
Todd Bickley read the case facts. The applicants are proposing an addition and are requesting an area variance to reduce the side yard setback from ten feet (10’) to five feet (5’) and exceed the nonconforming building expansion limitation of twenty percent (20%) to twenty-two percent (22%). The addition will be two stories, with a garage on the first floor and a living area on the second floor. The property is located at 4241 Cliff Road and is also known as Lot 119 and Part of Lot 164 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict of interest.
Bill Reinke was sworn in by Chairman Baugh. Mr. Reinke indicated that the existing garage will be removed and the addition constructed which will help with the property value. Mr. Reinke indicated that a living area will be situated above the garage and that the stone from the garage to be removed will be used with the existing landscaping.
Jack Ziegler questioned whether the rock pile along the lot line would stay. Mr. Reinke indicated the rock pile would stay.
Tim McKenna questioned if the garage is a two (2) car garage. Mr. Reinke stated the garage will be a 1½ car garage.
Chairman Baugh questioned the spray paint on the site. Andrea Kummero was sworn in by Chairman Baugh. Ms. Kummero explained that she had met with Weston Reinbolt concerning the possibility of Mr. Reinbolt purchasing additional land. The spray paint was for the area under consideration. No additional land was purchased.
Flint Heidlebaugh questioned if Ms. Kummero had any objections to the variance. Ms. Kummero commented that the existing garage could be rehabbed and that she would not like to see the side yard reduced. Ms. Kummero also stated that she appreciates that the house will not be demolished; however, she noted that the addition would bring the house close to the lot line. Mr. Reinke noted that the rock pile and trees are situated on the lot line and they provide a natural buffer.
Doug Young was sworn in by Chairman Baugh. Mr. Young indicated that he is a member of the Catawba Cliffs Building Review Committee. Chairman Baugh questioned if the addition was acted upon by the Cliffs Association. Mr. Young stated that the Building Review Committee is meeting tomorrow night (March 12) to review the request. Mr. Young noted that he walked the site with Weston and that the house and garage are non-conforming. Mr. Young commented that it would be advantageous to the neighborhood if the garage would go away. Mr. Young explained the Association requirements, which include a ten (10) foot side yard setback, and that the Association will consider the variance with the fact that the garage is being eliminated.
Chairman Baugh commented that he would like to have the Association act first, but he acknowledged that the Association’s decision is not required for the BZA to act. Mr. Young indicated that he supports the request, but that he is just one vote on the Building Review Committee.
Dave Amerine was sworn in by Chairman Baugh. Mr. Amerine indicated that his property is situated to the south of the property in question. Mr. Amerine has owned the property since 2003 and that he has previously served on the Cliff’s Board. The concept was explained to him and Mr. Amerine commented that he is very anxious to the have the property remodeled and improved.
Mr. McKenna questioned the shed. According to Mr. Bickley, Weston indicated that the shed was being removed from the property.
Ms. Kummero commented that she was concerned about the integrity of the stone wall if the garage was removed. The stone wall is partly on her property. Ms. Kummero requested that the garage remain so that the wall stays and her property is not negatively impacted. Mr. Reinke talked about the stone and Mr. Ziegler questioned the rock pile. Mr. Young noted that the Ms. Kummero’s concern is with the retaining wall, which comes off the existing garage. The integrity of the retaining wall needs to be maintained while the garage is removed since it keeps the outcropping in place.
Al McKean was sworn in by Chairman Baugh. Mr. McKean noted that he has built the large house across the street. Mr. McKean indicated that he has talked with Weston and Mr. McKean was unsure if the lot line in question was a side or rear yard setback. Mr. McKean noted that Association does not require a rear yard setback. Mr. McKean noted that improvements will be a significant enhancement to the property and that he has never seen a vehicle in the garage and he does not have any opposition to the request.
Chairman Baugh closed discussion from the floor.
Chairman Baugh noted that even though the Association has not yet acted on the request, the BZA can make a decision on the case merits. Discussion followed.
The Finding of Facts was reviewed by the Board. The Board disagreed with the applicant by a 4 – 1 vote on Item 1, agreed with the applicant by 5 – 0 vote on Items 2 – 5 and Item 7, and agreed with the applicant by a 3 – 2 vote on Item 6.
Jack Ziegler made a motion to approve Case #254806. The motion was seconded by Flint Heidlebaugh. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254807 – Alt Financial Enterprises, LLC
Todd Bickley read the case facts. The applicants are proposing a single family dwelling and are requesting an area variance to reduce the front yard setback from 36.5 feet to thirty feet (30’) and reduce the rear yard setback from thirty-five feet (35’) to twenty feet (20’). The property is located at 4284 Cliff Road and is also known as the North Part of Lot 163 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict of interest.
Andrea Kummero was sworn in by Chairman Baugh. Ms. Kummero indicated that the variance request was to allow a single family home to be built on the lot. Ms. Kummero commented that she has met with the Cliffs Association and that the adjacent properties would not be impacted.
Chairman Baugh questioned if additional house drawings were available. Ms. Kummero indicated that she does not yet have house drawings. The purpose of the request is to receive approval so that the lot can be sold and a house be built on the lot. Chairman Baugh questioned if the applicant is proposing a spec home or a home to live in. Or is the intent to be able to build a home on the lot. Ms. Kummero stated that the intent is to be able to build a home on the lot.
Doug Young was sworn in by Chairman Baugh. Mr. Young stated that the Catawba Cliffs Association is working with Andrea and her brother. The Association has approved the setbacks. Mr. Young further stated that both lots fit into the Cliffs setbacks and that the site plans will easily be approved at the meeting tomorrow night (March 12).
Tim McKenna questioned if the intent is to build a house and sell it. Ms. Kummero stated that she would like to remain in the Cliffs if possible.
Al McKean was sworn in by Chairman Baugh. Mr. McKean noted that the Association requires building blueprints to review and approve. Mr. Young commented that the Association will review and approve footprints, and house drawings will be reviewed when completed.
Flint Heidlebaugh commented that if the BZA approves the requested footprint, what happens if the footprint changes. Mr. McKenna noted that if the setback changes, then the property owner would need to come back to the BZA.
Chairman Baugh questioned if a survey was completed. Ms. Kummero indicated that a survey was completed.
Vic Kademenos was sworn in by Chairman Baugh. Mr. Kademenos indicated that he had no objections to the front yard variance and that he welcomes a house on the property. Mr. Kademenos expressed a concern with the rear yard variance from thirty-five (35) feet to twenty (20) feet. He questioned the possibility of a house with a greater rear yard setback. Ms. Kummero noted that the architect indicated the proposed house location is the best option based on the lot’s shape. The intent is to fit a reasonable structure on the property. Mr. McKean noted that the application is a theoretical proposal not a specific plan. Chairman Baugh indicated that the request is for a house to be placed within the setbacks without specific house plans. Chairman Baugh also commented that the variance could be approved but construction never started.
Evon Kademenos was sworn in by Chairman Baugh. Mrs. Kademenos questioned whether any trees would be taken down. Ms. Kummero indicated that some trees may have to come down.
Mr. Ziegler questioned if the garage could be moved to the front. Ms. Kummero indicated that was not considered by the architect.
Chairman Baugh commented that the request is reasonable but he would like to see construction drawings. The request seems premature and that the request should be tabled until further information is submitted.
Mr. Young noted that the applicant is trying to make the lot a marketable, buildable lot. Mr. Young noted that Ms. Kummero has approached the Association for that reason. Mr. McKean commented acting now may create a future restraint on approving something greater, if needed.
Ms. Kummero indicated that the intent is to build a house with a twenty (20) foot rear yard setback variance. She noted that the lot creates the hardship which would allow for the approval of the variance.
Mr. Young questioned if a second review could be asked. Mr. Bickley indicated that he was unsure and that a legal opinion should be obtained.
With no further discussion, Brian Caldwell made a motion to table Case #254807. The motion was seconded by Tim McKenna. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #254808 Alt Finacial Enterprises, LLC
Todd Bickley presented the case facts. The applicants are proposing a single family dwelling and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to thirty feet (30’). The property is located at 4264 Cliff Road and is also known as the North Part of Lot 164 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict of interest.
Andrea Kummero was sworn in by Chairman Baugh.
Jack Ziegler noted that the request is similar to the previous case that was tabled. Mr. Ziegler questioned if the applicant or any future lot owner would want to build with a thirty (30) foot setback. Discussion followed.
Doug Young was sworn in by Chairman Baugh. Mr. Young noted that the Association will consider both lots buildable. Chairman Baugh noted that modifications are possible.
Tim McKenna made a motion to table Case #254808. The motion was seconded by Jack Ziegler. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Approval of Minutes – February 12, 2020
The meeting minutes from the February 12, 2020 meeting was mailed to each member. Brian Caldwell moved to approve the February 12, 2020 meeting minutes. The motion was seconded by Flint Heidlebaugh. Motion passed.
Other Business
Todd Bickley informed the Board that the new owners of the property at 5225 E. Porter Street are proposing to tear down the existing structure and build two (2) buildings with three (3) units in each building. Variances will be required.
Adjournment
Jack Ziegler moved to adjourn the meeting. The motion was seconded by Brian Caldwell. The meeting was adjourned at 8:08 p.m.
Respectfully submitted,
_____________________________ ________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary