MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
SEPTEMBER 13, 2023
Attendees
John Hrovatich Gene Abercrombre
Dan Zavango Tom Reineke
David Carracci Craig McCoy
Stacey Reineke Daniel Frederick
Ryan Odendahl Andrea Odendahl
Philip Whitt Mel Miller
Jean Miller Renee Potter
Richard Potter Sarah Gerken
Scot Taylor Elizabeth Volchko
John Volchko
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, Doug Blackburn, Brian Caldwell and Alternates Flint Heidlebaugh and Rebecca Dubber. 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 #157985 John Hrovatich
Todd Bickley read the case facts. The applicant proposes an addition to his house and is requesting an area variance to reduce the rear yard setback from thirty-five feet (35’) to 29’ 6” and to exceed the lot coverage from thirty-nine percent (39%) to 39.5%. The property is located at 5535 E. Treasure Lane and is also known as Lot 13 of Treasure Cove Subdivision. The property is located in the “C-4” Recreational - Commercial District.
No Board member had a conflict.
John Hrovatich was sworn in by Chairman Baugh. Mr. Hrovatich indicated that he would like to build an addition. The current house has one (1) man door and with the addition, two (2) additional man doors will be installed, which will help with safety. Mr. Hrovatich noted that the current roof has storm damage and the roof will be tied into the two-story addition. Mr. Hrovatich commented the current home, which is the smallest house in the neighborhood, only has two (2) bedrooms, which is a problem when family visits. Mr. Hrovatich noted that the addition should have a positive impact on the neighborhood values. Mr. Hrovatich reviewed the adjacent uses and noted that variance is a small request.
Chairman Baugh questioned the addition layout. Mr. Hrovatich indicated that the first floor will have a master bedroom and garage, while the second floor will have three (3) bedrooms, bathroom and a sitting room. Chairman Baugh questioned access to the garage. Mr. Hrovatich commented that he has no intent on accessing the garage and he noted that the garage door could be put on the side south and with the removal of the deck, access would then available. The intent of the garage is for a hobby room for entertaining.
Mr. Bickley read correspondence from Roger Riachi of Phoenician Development, LLC. Mr. Riachi commented that he does not want the property owner using his property as a driveway. Mr. Riachi provided a survey.
Chairman Baugh questioned the survey provided by Mr. Hrovatich. Mr. Hrovatich indicated that the survey was done by Dale Barnes. Chairman Baugh questioned the elevation. Mr. Hrovatich commented that the height at the peak will be thirty feet (30’). Chairman Baugh questioned if the driveway is on the east side and Mr. Hrovatich indicated that the driveway was on the east side.
Rebecca Dubber commented that there is no garage currently. Mr. Hrovatich commented that a garage is not currently located on the property and with the addition and removal of the deck, nineteen feet (19’) of access to the garage would be available.
Mr. Zeigler questioned if the sixteen (16) foot garage door is on the north side. Mr. Hrovatich noted that it is on the north side, but the door could be moved to the south side for access purposes.
Craig McCoy was sworn in by Chairman Baugh. Mr. McCoy indicating that he and Phil Whitt were representing Johnson’s Landing Road Committee and noted that the neighborhood is concerned with the applicant using Johnson’s Landing road for access to his property. Mr. Hrovatich commented that he understands that he cannot use the private road of Johnson’s Landing.
Scot Taylor was sworn in by Chairman Baugh. Mr. Taylor, representing Phoenician Development, commented that they are okay with the variance as long as proper setback and ingress/egress along the east side of the property is met. Mr. Bickley noted that a driveway is not subject to the five (5) foot setback and can go up to the property line.
Mr. Bickley noted that the existing house is approximately three feet (3’) off the west side property line and if the addition is in line with the house, then the application will need to be amended to include a side lot line variance. Mr. Hrovatich commented that the drawing is incorrect and that the addition will be at least five feet (5’) off the west lot line. Mr. Hrovatich requested that the Board include with the motion that the existing house is grandfathered and as a result, is not in violation with the township zoning resolution. Mr. Bickley indicated that the existing house is not in question and that if built before November of 1965, would be considered a legal non-conforming building, which is not in violation of the zoning resolution.
Mr. McCoy questioned where measurements are taken from. Mr. Bickley indicated that measurements are taken from the foundation and from the overhang, if the overhang is eighteen (18) inches or greater. Mr. Hrovatich noted that his overhangs will be less than eighteen (18) inches.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 2, 3, 4, 5, and 7 by a 5 – 0 vote and disagreed with the applicant on Item 6 by a 4 – 1 vote.
Rebecca Dubber made a motion to approve Case #157985 as submitted with the condition that the vehicle door access be placed on the additions south facing wall. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157988 Thomas & Stacey Reineke
Todd Bickley read the case facts. The applicants propose to remove the existing home and build a new dwelling on property located at 1410 N. Edgewater Drive, also known as Lot 8 of Kennykirk Subdivision A. The applicants are requesting an area variance to reduce the front yard setback from thirty-five feet (35’) to 12’ 6”. The property is located in the “R-3” Residential District. No correspondence has been received and all fees have been paid.
No Board member had a conflict.
Thomas Reineke was sworn in by Chairman Baugh. Mr. Reineke indicated that the current house will be torn down and replaced with a four (4) bedroom house, with two (2) bedrooms on the first floor and two (2) on the second. The current house is nonconforming and is 9’ 4” off the property line while new house would be 12’ 6” off the property line, which is on the north side of the lot. All other setbacks would be met. Mr. Reineke commented that since the lot is lakefront, not sure if the water is the front yard and the Edgewater Drive is the back yard, if so, then the setback reduces from thirty-five feet (35’) to twenty-five feet (25’).
Chairman Baugh noted that the existing home is 9.4’ off the southeast property line and does not meet the setback requirement. Chairman Baugh commented that it was difficult to determine how the house was going to be oriented on the lot, but the house appears to fit. Mr. Reineke noted that the homes on the lot to the south and the two (2) lots in Orchard Beach are situated tightly into the lots. As you go north of Mr. Reinke’s house, the lots along Edgewater get bigger.
Ms. Dubber questioned how to access the garage and questioned the asphalt. Mr. Reineke explained the access and noted that the blacktop pavement is on the property and not in the road right-of-way.
Dan Zavango was sworn in by Chairman Baugh. Mr. Zavango indicated that he is at 3771 E. Overlook and is directly behind the property in Orchard Beach Subdivision. Mr. Zavango owns a vacant lot and the home’s location would impede his view of the lake. Mr. Zavango argued that the application should be denied since the variance application is substantial in that the variance is for approximately twenty-three feet (23’) and that the neighborhood needs to be protected. Mr. Zavango noted that the homes on Edgewater Drive do not have a frontage reduction of this magnitude. Mr. Zavango commeted on the hardship requirements, that there would be a reasonable use of the property without a variance, and that a variance of three (3) to five (5) percent is acceptable and nothing more. Mr. Zavango noted that the applicant does not need a huge garage with other storage facilities in the area and that the neighborhood would be altered with a huge garage and his view would be blocked. Mr. Zavango commented there are ways to address this issue such as having the garage built into the home, flip the garage to the other side of the lot, or move the house closer to the water. Mr. Zavango also commented on ambulance issues.
Mr. Reineke noted that the house could be moved closer to the water but was concerned with his neighbor’s views. Mr. Reineke commented that he questions whether Mr. Zavango currently has a view from the lot and that with the new house location, ambulance issues would improve with a turn-around. Ms. Dubber agreed that the turn-around would be an improvement.
Ms. Dubber questioned if the house could be moved closer to the water and not impact the neighbors. Mr. Reineke noted that it could be moved, but was unsure of the distance. The land does slope as you get closer to the water. Mr. Zavango commented that pushing the house closer to the lake would provide him with a better view.
Mel Miller was sworn in by Chairman Baugh. Mr. Miller resides at 1424 N. Edgewater and Mr. Miller commented that he is in the process of selling his house. Mr. Miller indicated that he does not think that the new home will detract from his home value and he noted that the garage will be architecturally pleasing and more attractive. Mr. Miller also commented that he is not sure of Mr. Zavango’s view and there is no view between the two (2) houses.
Discussion continued. Chairman Baugh questioned if the house could be moved an additional ten feet (10’) towards the water. Mr. Reineke was not comfortable committing to ten feet (10’) because of the slope. After further discussion, Chairman Baugh suggested moving the house five feet (5’) towards the lake and the setback would increase to 17’ 6”. Mr. Reineke indicated that he was okay with that proposal.
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 2, 3, 4, 5, and 7; disagreed with the applicant by a 5 – 0 vote on Item 1; and disagreed with the applicant by 4 – 1 vote on Item 6.
Doug Blackburn made a motion to amend and approve Case #157988 by increasing the front yard setback from 12’ 6” to 17’ 6”. The motion was seconded by Jack Zeigler. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #157990 Andrea Odendahl, Trustee
Todd Bickley read the case facts. The applicant is proposing the construction of a new home and is requesting an area variance to reduce the rear yard setback from forty feet (40’) to 34’ 8”. The property is located at 2790 N. Sanctuary Drive and is known as Lots 30 & 31 of Rock Island Subdivision. The property is zoned “A” Residential Low Density District.
No Board member had a conflict.
Dan Frederick, Ryan Odendahl, and Andrea Odendahl were sworn in by Chairman Baugh. Mr. Frederick indicated that a square house will be placed on a lot with a triangle lot line. The portion of the residence that does not meet the rear yard setback is the porch, with the corners extending over the setback. Mr. Frederick noted that the architecture is similar to the other newly built homes located in the neighborhood. Mr. Frederick commented that the homes located in the “R-E” District have a twenty (20) foot rear yard setback. Mr. Frederick commented that the porch will be open with retractable screens.
Chairman Baugh questioned the elevation of the porch. Mr. Frederick noted that the steps will be two (2) to three (3) feet off the ground and the porch will be two (2) stories. Mr. Frederick also noted that the applicant is not maximizing the entire buildable area.
David Carracci was sworn in by Chairman Baugh. Mr. Carracci is located immediately to the north of the property (2820 N. Sanctuary Drive) and indicated that he is in full support of the project.
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 2, 3, 4, 5 and 7; disagreed by 5 – 0 vote on Item 1; and disagreed by 3 – 2 vote on Item 6.
Brian Caldwell moved to approve Case #157990 as submitted. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
No old business to conduct.
Other Business
Mr. Bickley reviewed and compared the 2023 Zoning Report with the 2022 Zoning Report.
Approval of Minutes – August 9, 2023
The meeting minutes from the August 9, 2023 meeting was mailed to each member. Rebecca Dubber moved to approve the August 9, 2023 meeting minutes. The motion was seconded by Doug Blackburn. Motion passed.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Rebecca Dubber. Motion passed and the meeting was adjourned at 7:15 p.m.
Respectfully submitted,
______________________ ______________________________
Bryan Baugh, Chairman Todd Bickley, Acting Secretary