MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
MAY 12, 2021
Attendees
Thomas R. Smith Lee Short
Linda Short Matt Scherer
Sandie Scherer Chad Gunerra
Mindy Lewis Stephanie Hopper
Robert H. Crabtree Keith M. Teynor
Brian J. Snyder
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 Zeigler, Sandra Erwin, Tim McKenna and Alternates Flint Heidlebaugh and 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 #155217 Matt Scherer
Sandra Erwin read the case facts. The applicant is proposing to divide a 0.71 acre parcel of land into two (2) lots, one lot containing 11,298 square feet and the other lot containing 19,937 square feet. An area variance is being requested to reduce the lot depth from the required 125 feet to 103 feet for the proposed 11,298 square foot parcel. Lot depth is defined as the horizontal distance between the front and rear lot lines, measured along the median between the two (2) lot lines. The property is zoned “C-3” Highway Commercial District and the “R-4” District requirements apply for residential uses.
No board member had a conflict.
Matt Scherer was sworn in by Chairman Baugh. Matt explained that he acquired a 0.71 acre parcel of land and that he has a son with a disability. He originally considered a home with an in-law suite; however, he would prefer to split the lot and build a second house for his son. His son currently attends Kent State University, he does not drive, he needs to live on his own and have his own independence. Matt provided the Board with a drawing of the house and he noted that the lot would be split down the middle of an existing easement.
Tim McKenna questioned road access. Matt indicated Egret Drive. Mr. Bickley reviewed the Auditor’s aerial photo and identified Egret Road right-of-way. The proposed lot would have sufficient lot width and the driveway would come off the turn around.
Dr. Robert Crabtree indicated that he had a similar life situation and recommended that for federal assistance purposes, the second home would need a separate postal address.
Brian Snyder was sworn in by Chairman Baugh. Brian indicated that he had not seen the proposed lot split. Chairman Baugh provided Brian a copy of the proposed split for his review. Brian indicated that his father had not approved the division of this parcel of land and that the understanding was that the applicants were going to build a bigger home. Matt indicated that Bob Snyder did not deny or said no to the division.
Mr. McKenna questioned the lot split process. Mr. Bickley reviewed the process which would require lot depth variance from the both the BZA and the Ottawa Regional Planning Commission (ORPC). If approved, a lot split application would be submitted to ORPC for split approval. The process normally takes several days to complete. Once approved, a deed would be filed in the Recorder’s Office.
Mr. McKenna questioned what effect the division would have on Mr. Snyder’s property. Mr. Snyder noted that he is trying to sell the parcel to the south and he is not sure how two (2) new homes will affect his parcel. Matt shared a drawing with Mr. Snyder showing the proposed location of the new homes. Matt commented that he believed that the two (2) homes will not have negative impact on Brian’s lot.
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 vote on Items 3, 4, 5 and 7; disagreed with the applicant by a 3 – 2 vote on Item 1, agreed with the applicant by a 3 – 2 vote on Item 2; and agreed with the applicant by a 4 – 1 vote on Item 6.
Tim McKenna made a motion to approve Case #155217 as submitted. The motion was seconded by Flint Heidlebaugh. Motion was approved with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #115218 Stephanie Hopper
Sandra Erwin read the case facts. The applicant is proposing to replace the deck upon which the hot tub is situated and extend the deck an additional three feet (3’). The applicant is requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to ten feet (10’). The property is zoned “R-3” Residential District.
No board member had a conflict.
Stephanie Hopper was sworn in by Chairman Baugh. Stephanie indicated that the project consists of removing and rebuilding the existing deck upon which the hot tub sits and extending the new deck an additional three feet (3’) towards the road. The purpose of the extension is to create additional room from the door, which is now only two feet (2’).
Mr. Ziegler questioned if the same fence will be reproduced. Stephanie indicated that the same fence would be installed.
Sandy Erwin questioned a roof. Stephanie indicated that the deck would not have a roof.
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 vote on Items 1, 2, 3, 4, 5, and 7 and agreed with the applicant by a 3 – 2 vote on Item 6.
Jack Ziegler made a motion to approve Case #115218 as submitted. The motion was seconded by Tim McKenna and all members voted in the affirmative. Chairman Baugh did not vote.
Case #115219 Linda Short, Trustee
Sandra Erwin read the case facts. The applicant is proposing the installation of a pergola, which will be connected to an existing garage and the applicant is requesting an area variance to exceed the cumulative square footage requirement of 750 square feet for accessory buildings to 1,304 square feet. The property is zoned “R-3” Residential District. Mr. Bickley noted that a similar variance was approved by the Board in October of 2018, which resulted in an increase from 750 square feet to 976 square feet.
No Board member had a conflict.
Lee Short was sworn in by Chairman Baugh. Lee explained that 16’ x 16’ patio was installed and a pergola is proposed to be placed on the patio and connected to the garage. Lee provided a drawing for Board’s review. Lee provided the Board letters of support from two (2) neighbors.
Chairman Baugh questioned if the land to the north is buildable. Lee was unsure. Chairman Baugh questioned the distance of the garage from the rear lot line. Lee indicated that the garage sits seven feet (7’) from the rear lot line. Flint Heidlebaugh questioned if the connector will be roofed. Lee indicated that it would not be roofed. Mr. McKenna questioned if it will be enclosed. Lee indicated it will not be enclosed.
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 vote on all seven (7) items.
Flint Heidlebaugh made a motion to approve Case #155219 as submitted. The motion was seconded by Jack Zeigler and all members voted in the affirmative. Chairman Baugh did not vote.
Case #155220 Keith & Madalyn Teynor
Sandra Erwin read the case facts. The applicants propose to construct a single family dwelling and are requesting an are variance to reduce the rear yard setback from thirty-five feet (35’) to twenty-eight feet (28’) to allow a porch off the rear of the house. The property is located at 5251 E. Bay Point Circle and is also known as Lot 28 of North Pointe Subdivision. The property is zoned “R-4” Residential District.
No Board member had a conflict.
Keith Teynor was sworn in by Chairman Baugh. Keith indicated that a new home will be constructed and the home will extend a little bit into the rear yard setback.
Chairman Baugh noted that the extension will be a back porch. Keith commented that was correct and that it is a covered porch. Keith noted that he preferred to have the front of the home stay in line with the adjacent homes.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on Items 1, 3, 4, and 5 and disagreed with the applicant by a 5 – 0 vote of Items 2, 6, and 7.
Tim McKenna made a motion to approve Case #155220 as submitted. The motion was seconded by Jack Zeigler and all members voted in the affirmative. Chairman Baugh did not vote.
Case #155221 Chad & Mary Gunerra
Sandra Erwin read the case facts. The applicants are proposing the construction of a single family dwelling and are requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to twenty feet (20’). The property is located at 3825 N. Cliff Road and is also known as Lot 140, excluding the south ten feet (10’), of the Catawba Cliffs Subdivision. The property is situated in the “R-1” Residential District.
No Board member had a conflict of interest.
Chad Gunerra was sworn in by Chairman Baugh. Chad noted that he has met with the Catawba Cliffs HOA and they have approved the application. Chairman Baugh noted that there is a good distance between the back home and rear lot line.
Dr. Robert Crabtree was sworn in by Chairman Baugh. Dr. Crabtree is located behind Mr. Gunerra’s lot and noted that he has large lot. Dr. Crabtree indicated that the applicant is requesting for a variance greater than forty percent (40%) while all other homeowners meet the thirty-five (35) foot setback requirement. Dr. Crabtree noted that the home would be under powerlines and questioned how that was going to be handled. Dr. Crabtree indicated the power company comes in periodically and trims the trees. So Dr. Crabtree expressed two (2) concerns, a variance that is greater than forty percent (40%) and the power line issue.
Chairman Baugh commented that the issue with the electrical lines is between the power company and the property owner.
Dr. Crabtree indicated that he prefers space and not being crowded.
Mr. McKenna questioned if feedback has been received from the power company. Chad indicated that he has not had a conversation with the power company.
Tim Smith was sworn in by Chairman Baugh. Mr. Smith indicated that he talked with Doug Young of the Cliffs Association. The Cliffs Board approved Gunerra house plans but they also approved the creation of a thirty-five (35) foot rear yard setback requirement for all future applications. Mr. Smith commented that this application triggered the thirty-five (35) foot rear yard setback.
Chairman Baugh questioned if the applicant had settled on a house. Chad indicated that a house plan has been determined and it was included with the application. Chairman Baugh questioned if the home will be the prime residence. Chad indicated it will be a second home.
Mr. McKenna commented that the applicant has a problem with the power lines and Mr. Heidlebaugh indicated that the issue was noted by the property owner on the application.
Mr. McKenna questioned if the home were moved, what effect would it have the neighboring property owners. Ms. Erwin questioned if the property owner was against moving the home towards the road. Chad indicated he did not have a problem moving the house forward.
Chairman Baugh questioned the construction timeline. Chad noted that he would like to start construction this summer.
Tim McKenna made a motion to table the application until the electrical issue is addressed with the power company and verification is made with the Cliffs Association if the house were to be moved towards the road. The motion was seconded by Jack Zeigler. Motion passed.
Mr. Bickley informed the audience that the next BZA meeting is scheduled for 6:00 p.m., Wednesday, June 9, 2021.
Case #155222 Eric Jacobs & Jonathon Mast
Sandra Erwin read the case facts. The applicants are proposing a four (4) lot subdivision (The Estates of Lake Point) and the home located at 3522 NW Catawba Road will front on a road to be known as Kalalujah Lake Drive. The side yard of the existing home changes to a rear yard and the applicants are requesting an area variance to reduce the rear yard setback of the existing home from thirty-five feet (35’) to 3.5 feet. The property is zoned “R-1” Residential District.
Chairman Baugh read a letter from Anthony & Laura Ciacelly recommending that the variances not be allowed.
No Board member had a conflict.
The applicants were not in attendance.
Mr. Bickley noted that the four (4) lot subdivision is subject to review and approval by the Ottawa Regional Planning Commission. As a result of the subdivision, the side yard of the existing home now becomes a rear yard and the applicants would like to have the home be compliant with the approval of the rear yard setback. Mr. Bickley also noted that the home is a non-conforming structure since it did not meet the side yard setback.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicants by a vote of 5 – 0 on Items 1, 2, 4, 5 and 7; agreed with the applicant by a vote of 4 – 1 on Item 3; and agreed with the applicant by a vote of 3 – 2 on Item 6.
Sandy Erwin made a motion to approve Case #155222 as submitted. The motion was seconded by Flint Heidlebaugh and all members voted in the affirmative. Chairman Baugh did not vote.
Case #155223 Eric Jacobs & Jonathon Mast
Sandra Erwin read the case facts. The applicants are proposing a four (4) lot subdivision (The Estates of Lake Point) and the home located at 3522 NW Catawba Road will front on a road to be known as Kalalujah Lake Drive. The applicants propose to install an accessory building (enclosed carport) and they are requesting an area variance to allow the accessory building to be placed on the concrete pad which is situated in front of the home. The property is zoned “R-1” Residential District.
No Board member had a conflict.
The Board commented that they would like to review the enclosed carport plans.
With no one representing the application, Jack Zeigler made a motion to table the application until plans are submitted for Board review. The motion was seconded by Tim McKenna. Motion passed.
Approval of Minutes – April 14, 2021
The meeting minutes from the April 14, 2021 meeting was mailed to each member. Jack Zeigler moved to approve the April 14, 2021 meeting minutes. The motion was seconded Sandy Erwin. Motion passed.
Other Business
Mr. Bickley noted that he has received two (2) variance applications for next month’s meeting.
Adjournment
Jack Zeigler moved to adjourn the meeting. The motion was seconded by Sandra Erwin. The meeting was adjourned at 7:38 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary