MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
NOVEMBER 8, 2023
Attendees
William Lehner Karen Lehner
Cecelia Jacobs Jake Jacobs
David Rami Chris Smith
Ron Rutkowski Greg Russell
Bill Smith Kathryn Smith
Susan German Jeff German
Bert Matlock Joan Copeland
Tom Nagel Alice Nagel
Joseph Boetsch Lori Lonsway
John Pieprzak Nancy Pieprzak
John Hull
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, and Bill Baker. 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 #158812 John & Cecelia Jacobs
Todd Bickley read the case facts. The applicants propose the construction of an addition to the existing home and are requesting an area variance to reduce the rear yard setback (Hull Drive) from thirty-five feet (35’) to three feet (3’) and exceed the lot coverage requirement from thirty-six percent (36%) to 59.2%. The property is located at 5326 E. Hull Road and is also known as Lot 10 of Johnsons Landing A Subdivision. The property is located in the “R-3” Residential District.
Mr. Bickley indicated that he received an email from Rob & Bridget Hammer of 5326 E. Hull Road. Upon reviewing the site plan, the Hammer’s indicated they had no issues with the Jacobs proposed plan and noted that the encroachment was agreed upon and granted to the neighbor immediately east of the Hammer’s property. Similar lot coverage was approved as well.
No Board member had a conflict.
John Jacobs was sworn in by Chairman Baugh. Mr. Jacobs indicated that an addition is proposed, which will be 24’ x 22’. The first floor will be used as a garage and the second floor for storage and a bedroom. The existing shed will be removed.
Chairman Baugh questioned the power lines. Mr. Jacobs indicated that the addition’s roof will be similar to the house, which should be three (3) to four (4) feet off the wires.
Brian Caldwell questioned if the second floor will be offset from the first floor. Mr. Jacobs indicated that the second floor will have a one (1) foot offset.
Bill Baker questioned what would be stored in the garage. Mr. Jacobs commented that the cars along with other items will be stored in the garage. The trailer will be removed from the property.
Rebecca Dubber noted that the addition is close to Hull Road which is a narrow drive. Ms. Dubber expressed concern with emergency vehicles. Mr. Jacobs provided the Board with a photo of where the addition would go and felt that there is sufficient area for emergency vehicles.
Chairman Baugh noted that the addition would line with the grey house that is located at the end of the street. Mr. Jacobs provided a photo that shows the addition would be at about the same location as the grey house.
Joseph Boetsch was sworn in by Chairman Baugh. Mr. Boetsch commented that his property is adjacent to the west and that he has owned the property for seven (7) years. Mr. Boetsch noted that Hull Road is a unique road that is adjacent to a canal and work is undertaken periodically to prevent erosion. Mr. Boetsch believes that undo stress on the bank would be caused by a car pulling in and out of the garage. There is no turn around. Mr. Boetsch noted that no other property has a structure that sticks out that far. Mr. Boetsch also commented that with the addition, the sun will be restricted for half a day and his house would be in the shadow of the addition. Mr. Boetsch commented that he is strongly against approving the variance.
Mr. Jacobs noted that he would be pulling in and out whether it is covered or not covered. Mr. Jacobs also noted that Mr. Boetsch received a similar variance (11/9/2023) for an addition that will be one (1) foot off the road and cover sixty percent (60%) of the lot.
Cecelia Jacobs was sworn in by Chairman Baugh. Ms. Jacobs commented that Mr. Boetsch’s backyard already is shaded because of the existing trees and she noted that Mr. Boetsch’s view is on the other side of the lot (canal).
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 2, 4, 5, and 7 by a 4 – 0 vote; agreed with the applicant on Item 3 by a 3 – 1 vote; and disagreed with the applicant on Items 1 and 6 by a 4 – 0 vote.
Rebecca Dubber made a motion to approve Case # 158812. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158825 Michael & Lisa Lonsway
Todd Bickley read the case facts. The applicants propose to build a new single-family dwelling on property located at 2878 N. Shad Row, also known as the South Part of Lot 47 & North Part of Lot 49 of Harbor Island Subdivision 2. The applicants are requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to twenty feet (20’). The property is located in the “R-3” Residential District.
No Board member had a conflict.
Lisa Lonsway was sworn in by Chairman Baugh. Ms. Lonsway explained that four (4) lots were divided into three (3) lots and that her neighbor, Mr. Overmeyer, received a similar variance last month. Ms. Lonsway indicated that the homes are to be staggered to not obstruct views and she noted that Oilers (corner lot) is planning to build in 2025. Ms. Lonsway also noted that 87% of the neighbors have approved the house plans.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 4 – 0 vote on Items 2, 3, 4, 5, and 7 and disagreed with the applicant by 4 – 0 vote on Items 1 and 6.
Rebecca Dubber made a motion to approve Case #158825 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158826 David & Amanda Rami
Todd Bickley read the case facts. The applicants propose the construction of a single-family dwelling and they are requesting an area variance to reduce the front yard setback from thirty-one feet (31’) to twenty-four feet (24’). The property is located at 4393 E. The Valley and is also known as Lot 173 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict.
David Rami was sworn in by Chairman Baugh. Mr. Rami indicated that a new house would be built in the Cliffs and that a seven (7) foot front yard setback is being requested. Mr. Rami noted that large rocks are located in the center of the lot which requires the house to be closer to the road, but stay in line with the neighbor’s house and the other homes on the street. The cost to remove the rock would be extensive.
Chairman Baugh questioned if the driveway is to the west and Mr. Rami indicated that was correct.
Chairman Baugh questioned if the home has been approved by the HOA. Mr. Rami noted that the HOA has approved the new home.
Bert Matlock was sworn in by Chairman Baugh. Mr. Matlock indicated that he is the neighbor to the west and noted that the property pins were moved years ago and is concerned with the location of the stakes. Mr. Matlock is concerned with getting boxed in and is not sure of the measurement.
Chairman Baugh questioned if the lot was surveyed. Mr. Rami indicated that lot has been surveyed by a registered surveyor.
Mr. Baker questioned Mr. Matlock’s distance from the side property line. Mr. Matlock indicated approximately twenty (20) to twenty-five (25) feet.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 4 – 0 vote on Items 1, 2, 3, 4, 5 and 7 and disagreed by a 3 – 1 vote on Item 6.
Rebecca Dubber moved to approve Case #158826. The motion was seconded by Bill Baker. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158827 Jeffery German
Todd Bickley read the case facts. The applicant proposes to add a second floor to the existing accessory building located at 2969 N. Hawk Drive, also known as Lot 45 of Harbor Estates Subdivision. The second floor will be used for residential purposes and the applicant is requesting an area variance to reduce the rear yard setback from twenty-five feet (25’) to thirteen feet (13’) and the side yard setback (north side) from six feet (6’) to 5’ 4”. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Jeff German was sworn in by Chairman Baugh. Mr. German indicated that a garage stands alone on a lot and is currently 36’ x 26’. A second floor will be added with an eight (8) foot deck on the rear side. The structure is 936 square feet and the eight (8) foot addition would be for the steps for the second floor.
Ms. Dubber questioned if the garage has an apartment. Mr. German indicated that plumbing was installed, but never connected to the water and sewer lines. Ms. Dubber questioned if Mr. German intends to live in it. Mr. German noted that he is considering either remodeling or building a new home, and during construction, they would live in the second floor apartment. The intent is for the kids and grandchildren to use the apartment. Ms. Dubber noted that the township prohibits short-term rentals.
Mr. Caldwell questioned if the foundation has been inspected. Mr. German commented that it has and that it looks good.
Chairman Baugh closed discussion form 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 4 – 0 vote and disagreed with the applicant on Item 6 by a 3 – 1 vote.
Brian Caldwell moved to approve Case #158827 as submitted. The motion was seconded by Rebecca Dubber. Motion passed with Brian Caldwell, Rebecca Dubber and Chairman Baugh voting in the affirmative. Bill Baker abstained.
Case #158828 Christopher & Susan Smith
Todd Bickley read the case facts. The applicants propose to remove the existing home and build a new single-family dwelling at 2936 N. Killdeer Drive, also known as Lots 10 and 15 of Harbor Estates Subdivision. The applicants are requesting an area variance to reduce the side yard setback (Commodore Drive side) from twenty-five feet (25’) to five feet (5’) and the north side yard setback from six feet (6’) to five feet (5’). The property is zoned “R-3” Residential District.
No Board member had a conflict.
Christopher Smith was sworn in by Chairman Baugh. Mr. Smith proposes to take down his house and rebuild a new house facing Commodore with a view of the harbor. The existing house is approximately fifteen feet (15’) off the south property line and approximately thirty-three feet (33’) off the Commodore Drive. The proposed house will be five feet (5’) off the south property line and twenty-three feet (23’) off Commodore Drive. Mr. Smith noted that the sight line is not obstructed and that the next house up on Commodore Drive is thirteen feet (13’) off the road.
Chairman Baugh reviewed the site plan and aerial with the two (2) lots.
Ms. Dubber noted that the neighbor to the north has a cement walkway. If a retaining wall is installed, the walkway may be damaged. Mr. Smith commented that he has talked to the neighbor and will replace any damage to the sidewalk. Mr. Smith noted that the property is low and that he is working on determining the building height. Mr. Smith indicated that the house will not be higher than the neighbor.
Mr. Baker questioned the log pile and Mr. Smith indicated that the pile will be leaving. Mr. Baker questioned the tree on the northwest corner of the property. Mr. Smith stated that he has an agreement with the neighbor concerning the tree.
Bill Lehner was sworn in by Chairman Baugh. Mr. Lehner commented that his property his north of the vacant lot and that he is in support of the application. Mr. Lehner however, expressed a concern with emergency vehicles and the view.
Karen Lehner was sworn in by Chairman Baugh. Ms. Lehner reviewed the setbacks with the applicant and the Board.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 4 – 0 vote on Items 2, 3, 4, 5, and 7 and disagreed with the applicant by a 4 – 0 vote on Items 1 and 6.
Rebecca Dubber made a motion to approve Case #158828 as submitted. The motion was seconded by Brian Caldwell. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158829 John & Nancy Pieprzak
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 read a notarized letter from Flint Heidelbaugh.
No Board member had a conflict.
John Pieprzak was sworn in by Chairman Baugh who asked if he was okay with the letter. Mr. Pieprzak commented that he is aware of the drainage concerns and that it needs to be addressed.
Mr. Pieprzak commented that Nancy inherited the property and that her father built the current house and Flint’s house. The house will torn down and rebuilt with an attempt to get a partial basement.
Ms. Dubber questioned if the deck is part of the footprint and Mr. Pieprzak commented that it was not shown as part of the footprint. Ms. Dubber questioned the setback and Mr. Bickely indicated that with a second floor eight (8) foot deck, the setback off of Elmwood Avenue would change from 10.73 feet to 2.73 feet. Mr. Pieprzak indicated that he was told that the setback is measured from the foundation and Mr. Bickley commented that was true; however, if a deck is added to the plans, the setback is measured from the deck.
Ms. Dubber questioned the deck/stoop facing Twinbeach Road. Mr. Pieprzak explained that it is a walkout with a step down. Mr. Bickley noted steps, porches, and patios less than eight (8) inches in height are not considered structures and are not required to meet the setback requirements. Discussion continued.
Nancy Pieprzak was sworn in by Chairman Baugh. Ms. Pieprzak commented that a walkway is in place where the floating deck is to be located.
Mr. Baker noted the lack of windows on the home’s west side and questioned egress for emergency purposes. Mr. Pieprzak identified window locations for egress purposes.
Ron Rutkowski was sworn in by Chairman Baugh. Mr. Rutkowski questioned if the new home will be no closer to his property line as the current home. Mr. Pieprzak commented that the new home is no closer to his property line as the existing home. Mr. Rutkowski questioned if the new home will be in line with the other homes. Ms. Pieprzak stated that the new home is in the same location as the existing home other than walking out the front door onto the deck. Mr. Rutkowski questioned if there would be grass between the road and the house. Mr. Pieprzak commented that there would be grass between the road and house. Mr. Pieprzak expressed a concern with the walking traffic.
The Board had questions concerning setbacks and the design of the front deck/porch/stoop.
Brian Caldwell made a motion to table the application until additional information can be provided concerning the setbacks and the design of the front deck/porch/stoop. The motion was seconded by Rebecca Dubber and the motion passed.
Old Business
No old business to conduct.
Other Business
No other business to conduct.
Approval of Minutes – October 11, 2023
The meeting minutes from the October 11, 2023 meeting minutes was mailed to each member. Rebecca Dubber moved to approve the October 11, 2023 meeting minutes. The motion was seconded by Brian Caldwell. Motion passed.
Adjournment
Brian Caldwell moved to adjourn the meeting. The motion was seconded by Rebecca Dubber. Motion passed and the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
______________________ ______________________________
Bryan Baugh, Chairman Todd Bickley, Acting Secretary