MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
DECEMBER 13, 2023
Attendees
John Pieprzak Scott Prephan
Mark Russell Michael Prosser
Steve Smith Lee Short
Linda Short Evan Hachey
Ron Rutkowski Debbie Rutkowski
Thomas Csanyi Greg Feller
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Brian Caldwell, Rebecca Dubber, Bill Baker, Doug Blackburn and Alternates Flint Heidlebaugh and Michael Schenk. Todd Bickley, Zoning Inspector and Trustee Matt Montowski were also in attendance.
Chairman Baugh commented that with the retirement of Jack Ziegler, the Board needs to elect a Vice-Chairman. Rebecca Dubber made a motion to elect Doug Blackburn as Vice-Chairman. The motion was seconded by Brian Caldwell. Motion passed.
Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. Steve Smith questioned when a zoning permit can be issued and Chairman Baugh indicated after the meeting minutes are approve by the Board, which would be at the next Board meeting.
Old Business
Case #158829 John & Nancy Pieprzak
Brian Caldwell made a motion to remove Case #158829 from the table. The motion was seconded by Rebecca Dubber. Motion passed.
Doug Blackburn cited a conflict of interest and he was replaced by Michael Schenk.
Todd Bickley read the case facts. The applicants propose to remove the existing home and build a new single-family dwelling. The applicants are requesting an area variance to reduce the front yard setback from 20.5 feet to 5.99 feet, reduce the side yard setback from twenty-five feet (25’) to 13.78 feet (Elmwood Avenue side), reduce the side yard setback from six feet (6’) to 3.25 feet, reduce the rear yard setback from twenty-five feet (25’) to 13,78 feet, and exceed the lot coverage requirement of thirty-six percent (36%) to fifty-three percent (53%). The property is located at 5861 E. Twinbeach Road and is also known as Lot 70 and the South 9.25 feet of Lot 69 of White City Beach. The property is zoned “R-3” Residential District. Mr. Bickley noted that because of the decks, the side yard setback along Elmwood Avenue and the front yard setback will be further reduced.
Mr. Bickley provided a handout that was submitted by the applicant after the packets were prepared. Mr. Bickley noted that the handout was emailed to the Board members.
John Pieprzak was sworn in by Chairman Baugh. Mr. Pieprzak provided the Board members with a similar handout that was provided by Mr. Bickley. Mr. Pieprzak reviewed the handout. The first page illustrated the existing and proposed homes and the next two (2) pages provided an updated design by Diyanni Homes. The fourth page compared the existing home distance from Twinbeach Road with the other homes along Twinbeach Road. Also included was the porch/deck. The fifth page illustrated the proposed homes distance from the lot line and the edge of Twinbeach Road. The sixth page showed the second floor deck and the distances from the lot line, water line and edge of Elmwood Avenue. The distance from the house foundation was also identified. Page 7 illustrated pedestrian encumbrances and Mr. Pieprzak noted that the proposed house and front yard deck is further back than the other items along Twinbeach Road. The eighth page showed the setbacks of the encumbrances along Twinbeach Road. Page 9 illustrated the distances of the deck and steps from Twinbeach Road. On page 10, Mr. Pieprzak noted a cement flatwork porch, which is an alternate to the deck and steps. Due to drainage concerns, Mr. Pieprzak prefers the deck with steps, which would be 4’ x 13’. The eleventh page illustrates vehicle parking off of Elmwood Avenue. Page 12 shows how drainage will be addressed and the last page identified the homes in the neighborhood which have been either rebuilt or remodeled.
William Baker questioned how the home will be heated. Mr. Pieprzak indicated by natural gas.
Rebecca Dubber questioned lot coverage. The two (2) decks totaled 292 square feet, which would be a small increase to the overall lot coverage.
Flint Heidlebaugh was sworn in by Chairman Baugh. Mr. Heidlebaugh noted that his letter read at last month’s meeting identified six (6) concerns which Mr. Pieprzak has addressed. Mr. Heidlebaugh noted that the home is close to Twinbeach Road; however, it is no closer than the other homes along Twinbeach. Mr. Heidlebaugh commented that there are encumbrances, but vehicles are an encumbrance as well.
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; and disagreed with the applicant by a 5 – 0 vote on Items 1 and 6.
Rebecca Dubber made a motion to approved Case #158829 as amended by the revised site plan submitted by the applicant. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
New Business
Case #158835 5101 E. Bay Pointe, LLC
Todd Bickley read the case facts. The applicant proposes to build a new single-family dwelling on property located at 5101 E. Bay Pointe Circle, also known as the Lot 35 of North Pointe Subdivision. The applicants are requesting an area variance to reduce the side yard setback from twenty-five feet (25’) to 20.7’. The property is located in the “R-4” Residential District.
No Board member had a conflict.
Lee Short and Thomas Csanyi were sworn in by Chairman Baugh. Mr. Short noted that the parcel is an irregular lot and the variance is on the curve. The survey was done by DGL and the thirty-five (35) foot front yard setback will be met. The parcel adjoins the HOA property on the south side and the applicant owns the two (2) lots to the south. Mr. Short noted that the house could be cut back in size, which the owner would not prefer to do; and the home could be moved further back and ask for a rear yard setback, but the owner does not want to get any closer to the pine trees. Mr. Short reviewed the three (3) corners of the house that would go into the setback. Mr. Short also noted that the HOA has no issue with the proposed house location.
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 all seven (7) items.
Rebecca Dubber made a motion to approve Case # 158835. The motion was seconded by William Baker. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158839 Steven & Brenda Smith
Todd Bickley read the case facts. The applicants propose a roof extension over an existing patio and they are requesting an area variance to reduce the rear yard setback from forty feet (40’) to twenty-five feet (25’). The property is located at 1978 NE Catawba Road and it is zoned “A” Residential Low Density District.
No Board member had a conflict.
Steven Smith was sworn in by Chairman Baugh. Mr. Smith indicated that a roof will extend over an existing patio. The roof will be 14’ x 18’ with support poles. Mr. Baker questioned if the roof extension will be enclosed. Mr. Smith commented that he has no intention of enclosing the area.
Chairman Baugh noted that he had no issue with the application.
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, 2, 3, 4, 5, and 7 and disagreed with the applicant by 3 – 2 vote on Item 6.
Doug Blackburn made a motion to approve Case #158839 as submitted. The motion was seconded by Rebecca Dubber. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158840 Baker Family LTD.
Todd Bickley read the case facts. The property is located at 1871 NE Catawba Road and the applicant proposes to divide the property into four (4) parcels. As a result of the proposed division, the side yard setback for several existing boat storage buildings will be reduced. The applicant is requesting an area variance to reduce the side yard setback from forty feet (40’) to twenty feet (20’) for existing buildings 1 and 4, and reduce the side yard setback for existing building 5 from forty feet (40’) to 20.61 feet. The property is located in the “C-4” Recreational Commercial District.
Chairman Baugh and William Baker had conflicts and they were replaced by Alternates Flint Heidlebaugh and Michael Schenk.
Scott Prephan, Greg Feller, and Michael Prosser were sworn in by Vice-Chairman Blackburn. Mr. Prephan indicated that he has Midway Marina under contract to purchase and reviewed projects that he as previously undertaken.
Mr. Feller commented that the new owner proposes to create four (4) different parcels with each business model on its own parcel. Parcel 4 contains the commercial building, parcel 1 includes the trailer court, parcel 3 contains the existing boat storage buildings, and parcel 2 will be the location of the new condominiums.
Mr. Blackburn noted that the building numbers on the drawing did not match the numbers in the field. Mr. Feller indicated that he randomly numbered the buildings on the drawing.
Mr. Caldwell questioned proposed buildings 6 and 7. Mr. Feller noted that the buildings are proposed and are not included with this application. Mr. Prosser noted that these will be storage buildings for boaters and the trailer court owners.
Ms. Dubber questioned the proposed property lines and the proposed parcels were reviewed by Mr. Feller, who noted the business model for each parcel.
Mr. Heidlebaugh questioned the parking. Mr. Feller noted that the existing parking is unchanged and access easements will be filed.
Ms. Dubber commented that the four (4) parcels will have four (4) different owners. Mr. Prephan noted that was correct; however, Mr. Prephan would maintain ownership over the four (4) parcels.
Vice-Chairman Blackburn closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 vote on all seven Items.
Rebecca Dubber moved to approve Case #158840. The motion was seconded by Flint Heidlebaugh. Motion passed with all Board members voting in the affirmative. Vice-Chairman Blackburn did not vote.
Case #158841 Baker Family LTD.
Todd Bickley read the case facts. The property is located at 1871 NE Catawba Road and the applicant proposes to divide the property into four (4) parcels. A condominium development is proposed for parcel 2, which will consist of forty-two (42) units – seven (7) buildings with six (6) units per building. The area variance request is to exceed the density requirement of thirty-seven (37) units to forty-two (42) units. The required acreage for forty-two (42) units is 6.107 acres of land excluding land under 574 feet above sea level and road right-of-way. The proposal contains 5.497 acres of land. The property is in the “C-4” Recreational Commercial District.
No Board member had a conflict.
Greg Prephan, Greg Feller, Michael Prosser remained under oath.
Mr. Prosser noted that the application would allow for seven (7) buildings with six (6) units per building totaling forty-two (42) units. The acreage as listed on the drawing was reviewed by Mr. Prosser.
Vice-Chairman Blackburn questioned why not thirty-seven (37) units, why forty-two (42)? Mr. Prosser noted that the proposed layout fits the area well. Eight (8) buildings were originally considered, but the request was reduced to seven (7) buildings. Vice-Chairman Blackburn noted the traffic pattern, road traffic. Mr. Prosser commented that forty-two docks will be relocated adjacent to the condominium buildings for the condo owners. Additional dockage will not be created. Vice-Chairman Blackburn noted that short-term rentals are not permitted. Mr. Prephan indicated that short-term rentals will not be permitted.
Ms. Dubber questioned why seven buildings. Mr. Feller commented that the seven (7) buildings fits nicely in the area with the pool and seven (7) buildings are being requested due to the substantial investment for the overall developmental costs.
Mr. Heidlebaugh questioned sewage concerns. Mr. Prosser noted that a pump station is located at Orchard Isle and that sewer lines will need to be installed. Water will be extended to the development location.
Vice-Chairman Blackburn questioned if the pool would stay. Mr. Feller commented that the pool will stay and be upgraded.
Mr. Heidlebaugh questioned fencing. Mr. Feller indicated that fencing would not be around the condominium development, but a gate will be installed on the main entrance road to keep the general public out.
Mr. Schenk noted that the existing pier is narrow for traffic and Mr. Feller commented that golf carts can use the pier. Vice-Chairman Blackburn questioned docks on the pier. Mr. Feller noted that there are sixty (60) docks off the pier and Mr. Prosser noted that parking is at a forty-five (45) degree angle. Mr. Caldwell expressed concern with governmental services, such as fire truck access down the pier. Mr. Prosser indicated that he will show parking for the docks and cross access easements will be included. Mr. Prephan commented that parallel parking would be required if access is an issue. Ms. Dubber expressed concern with car traffic.
Mr. Schenk questioned if the marina is 100% occupied. Mr. Feller commented that the marina is not fully occupied.
Mr. Caldwell expressed concern with the density, parking and traffic (safety). Mr. Prosser noted that nothing will change and that a lot of the area is not being used.
Ms. Dubber noted that it is not necessarily required to approve an application based on financial considerations.
Mr. Heidlebaugh commented that he understood the density and it is good that the buildings are together in one area.
Vice-Chairman Blackburn closed discussion form the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 3 and 5, by a 5 – 0 vote; agreed with the applicant by a 3 – 2 vote on Item 4; disagreed with the applicant on Item 6 by a 5 – 0 vote; disagreed with the applicant on Item 7 by a 3 – 2 vote; and disagreed with the applicant on Item 2 by a 4 – 1 vote.
Flint Heidlebaugh moved to approve Case #158841 as submitted. The motion was seconded by Michael Schenk. Motion passed with Michael Schenk, Flint Heidlebaugh and Vice-Chairman Doug Blackburn voting in the affirmative. Brian Caldwell and Rebecca Dubber voted against the motion.
Old Business
No old business to conduct.
Other Business
No other business to conduct.
Approval of Minutes – November 8, 2023
The meeting minutes from the November 8, 2023 meeting was mailed to each member. Doug Blackburn moved to approve the November 8, 2023 meeting minutes. The motion was seconded by Rebecca Dubber. 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 7:45 p.m.
Respectfully submitted,
______________________ ______________________________
Bryan Baugh, Chairman Todd Bickley, Acting Secretary