MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
JUNE 14, 2023
Attendees
Todd Hurst Wendi Hurst
Charles Bell Patricia Huber-Bell
Kevin Baron Lea Baron
DeeDee Kramer Laura Mahlich
Parker Reynolds, Jr. Heather McCurdy
Joyce Below Jim Javorsky
Kevin Newcomer Pete Maneff
Kenneth Brown Tom Delp
Brendan Astley Erin Astley
Shannon Pilay Nancy Schira
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, Doug Blackburn, Brian Caldwell and Alternates Flint Heidlebaugh and Rebecca Jessen. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were 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 #157963 Todd & Wendi Hurst
Secretary Sandra Erwin read the case facts. The applicants propose to replace the existing manufactured home with a new manufactured home and are requesting to reduce the rear yard setback (Starboard Avenue) from thirty-five feet (35’) to twenty feet (20’). The property is located at 1530 N. Starboard Avenue and is also known as Lot 115 and Reserve Area next to Lot 115 of Harbor Park Marinas, 6A Subdivision. The property is located in the “R-4” Residential District.
No Board member had a conflict.
Chairman Baugh recognized Todd Bickley, Catawba Island Township Zoning Inspector. Mr. Bickley indicated that on behalf of the Hurst’s, Heather McCurdy submitted an Application For Zoning Certificate for a new manufactured home for a lot in Harbor Park Subdivision. Ms. McCurdy provided evidence that the proposed home, a single wide manufactured home was approved by the compliance committee of the Harbor Park Association. The zoning certificate application was denied because the rear yard setback was not met and a variance application was submitted. Mr. Bickley indicated that he met with two (2) individuals from the Harbor Park Subdivision who explained that single wide manufactured homes are no longer permitted in the subdivision; however, the Association restrictions do not prohibit them. The individuals suggested that the proposed home does not meet the requirements for a new home; specifically, the home does not have a building width of twenty-three feet (23’) for at least twenty-three feet (23’). Mr. Bickley indicated that he had a phone conversation with the Hurst’s who argued that when reviewing the “R-4” District requirements, the dwelling requirements refers to Section 7F, Land Under Water and not Section 7E, which lists the dwelling requirements. As a result, the twenty-three (23) foot requirement does not apply.
To address the issue, the applicants submitted an amended site plan showing a 12’ x 24’ addition to the proposed home.
Heather McCurdy, Wendy Hurst and Todd Hurst were sworn in by Chairman Baugh. Ms. McCurdy indicated that the applicants would like to replace a non-code complaint home with a new single wide manufactured home with a 4-season room. The variance application is to reduce the rear yard setback from thirty-five feet (35’) to twenty feet (20’).
Jack Zeigler questioned the 4-season room. Ms. McCurdy indicated that it would be code compliant and Mr. Hurst noted that it will be on a foundation built by local contractors.
Chairman Baugh questioned the look of the home. Mr. Hurst indicated that the home will have a 4-12 pitch roof and the siding will be vinyl.
Charles Bell was sworn in by Chairman Baugh. Mr. Bell noted that he distributed information for the Board’s review and the proposed manufactured home does not meet the Catawba Island Township Zoning Code. The home can be built bigger and that it needs to be at least twenty-three feet (23’) by twenty-three feet (23’). Mr. Blackburn questioned if the 4-season room qualifies as living space and Mr. Bell indicated that it would be considered living space.
Mr. Caldwell noted that the proposed home was approved by the compliance committee. Mr. Bell commented that yes, it was approved by the compliance committee, but there are internal problems with the committee.
Kevin Baron was sworn in by Chairman Baugh. Mr. Baron welcomed the Hurst’s into the Harbor Park Association community. Mr. Baron explained that he bought in 2011 and built a two (2) story house and he has put $400,000 into it.
Chairman Baugh questioned the manufactured home’s foundation. Ms. McCurdy indicated that it would be a concrete slab.
Nancy Schira was sworn in by Chairman Baugh. Ms. Schira indicated that she lives on N. Anchor and questioned if the wheels will be removed. Mr. Bickley indicated that the zoning resolution would require the wheels to be removed and all other equipment removed or concealed.
Ms. Hurst commented that the Association will need to address there requirements.
Laura Mahlich was sworn in by Chairman Baugh. Ms. Mahlich commented that a 4-season room is primary livable floor space, but the home should be in a mobile home park. Harbor Park encourages higher value homes, such as double wide’s and stick built homes.
Mr. Bell questioned skirting. Ms. McCurdy indicated that the skirting will be vinyl.
Tom Delp was sworn in by Chairman Baugh. Mr. Delp indicated that he had purchased his property in 2019 and proposed to bring in a double wide since a single wide was not permitted. Due to costs, the double wide was not acquired and the existing home was remodeled.
Ms. Mahlich noted that she has replaced a mobile home with a stick built home.
Mr. Zeigler questioned the attachment of the 4-season room to the manufactured home. Ms. McCurdy indicated that access would be by a single door.
Diane Kramer was sworn in by Chairman Baugh. Ms. Kramer noted that the existing home was remodeled by the previous owner and they also redid the bulkhead. Ms. Kramer noted that the application was incorrect and that the home will be set on piers. Ms. Kramer reviewed the Finding of Fact and noted that home is not uniformed with the other existing homes, the home is not in line with the neighborhood, and the home will block the view down the channel. Ms. Kramer stated that the house does not agree with the neighborhood and her banker indicated that her home would be devalued.
Ms. Mahlich noted that the by-laws will need to be changed and she questioned the floodplain. Ms. McCurdy noted that the home will need to meet the floodplain requirements and Mr. Hurst indicated that all the benchmarks have been established.
Ms. Kramer commented that the amended site plan should be reviewed and approved by the compliant committee.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 2, 4, 5 and 7 by a 5 – 0 vote; agreed with the applicant by a 4 – 1 vote on Item 3; and disagreed with the applicant by a 5 – 0 vote on Item 6.
Doug Blackburn made a motion to approve Case #157963 as amended by the addition of a 12’ x 24’ 4-season room. The motion was seconded by Sandra Erwin. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #157951 Brendan Astley
Jack Zeigler made a motion to remove the application from the table. The motion was seconded by Doug Blackburn. Motion passed. Secretary Sandra Erwin read the case facts. The applicant proposes the installation of an accessory building (30’ x 50’) on Parcel #0131467019742001, which is adjacent to the house parcel located at 4259 N. Converse Street. The applicant is requesting an area variance to exceed the building height of fifteen feet (15’) to sixteen feet (16’) and exceed the square footage total of 750 square feet to 1,500 square feet. The parcels legal description is Block 6, Lots 9, 10 & the north 8 feet & vacated street & alley of Ottawa City Subdivision. The property is located in the “R-1” and “R-4” Residential Districts.
No Board member had a conflict.
Brendan Astley was sworn in by Chairman Baugh. Mr. Astley noted that a part of the existing garage is located on the parcel to the south of the house parcel. The proposed building will be similar to the existing garage in square footage and height. Mr. Astley noted that the existing garage was built in the 50’s. The proposed building will have black shudders and the siding will be white vinyl.
Ms. Erwin questioned the fence. Mr. Astley noted that although the fence was installed by Miller Boat Line, the fence is considered Astley’s fence.
Mr. Caldwell commented that he was unsure where the building was to be located. Mr. Astley indicated that the proposed building would be to the south of the existing garage approximately five feet (5’) off the fence. Mr. Zeigler questioned if the fence was on the property line. Mr. Astley indicated that the fence was one (1) foot off the east property line. Mr. Astley noted that the existing structure is approximately 45’ x 25’ in size. The proposed building would be 30’ x 50’.
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, 5, 7; agreed with the applicant by a 4 – 1 vote on Item 2; and disagreed with the applicant on Item 6 by a 5 – 0.
Brian Caldwell made a motion to approve Case #157951 as submitted. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Other Business
Mr. Bickley reported that a Notice of Appeal was filed with the Ottawa County Common Pleas Court concerning the variance granted to Jerlyn Royle, 6062 E. Poplar Drive. Mr. Bickley commented that he has talked with Ms. Royle.
Mr. Bickley reported that a Motion of Stay was filed with the Ottawa County Common Pleas Court concerning the property located at 1061 Byrneal Drive. Mr. Bickley commented that the property owner has installed the foundation and the attorney is requesting that construction stop until the matter is determined by the Court of Common Pleas.
Approval of Minutes – May 10, 2023
The meeting minutes from the May 10, 2023 meeting was mailed to each member. Jack Zeigler moved to approve the May 10, 2023 meeting minutes. The motion was seconded by Doug Blackburn. Motion passed.
Adjournment
Brian Caldwell moved to adjourn the meeting. The motion was seconded by Doug Blackburn. Motion passed and the meeting was adjourned at 6:55 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Sandra Erwin, Secretary