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HomeMy Public PortalAbout290_ApprovedApril 19 min Shore ProtectionSHORE PROTECTION AD HOC COMMITTEE April 19, 2011 Minutes Monty Parks called the meeting to order at 6:00PM Attendees: Monty Parks, Chair, Marianne Bramble, Rusty Fleetwood, John Major, Lou Off, Joe Richardson, John Wylly, Kathryn Williams, Bill Garbett, Diane Schleicher Absent: Dale Williams, Arnie Seyden Monty Parks called the meeting to order at 6:00PM. John Wylly made a motion to approve the April 5, 2011 with corrections. Lou Off seconded. The vote was unanimous. Discussion of handouts from GaDNR Sonny Emmett, Coastal Resources Div, GaDNR was introduced. Mr. Emmett explained the GaDNR would provide a model Shore Protection Ordinance. Mr. Garbett would like the commission to review Ordinance 23-2011. Discussion of former Tybee ordinance handout Current Shore Protection Act, January 10, 2010 State Shore Protection Act Proposed Shore Protection Act, 11-2008, that was not adopted Current Beach and Dune Mr. Garbett and Ms. Williams stated that the city council made slight changes to 3-100. Bill Garbett explained that there was clarification added to include the city had local authority and would permit anything except for the coastal dune system, i.e., crossovers. View points on whether we should have our own Shore Protection Ordinance. DISCUSSION POINTS: Do we want to be the permitting authority? Rusty Fleetwood asked if Tybee wants to be a permitting authority. The state would still have permitting authority over the city. John Major stated that he understands GaDNR encouraged us to have our own ordinance. Does the current ordinance provide Tybee protection? Diane Schleicher stated we now have changed the ordinance that was adopted by the council in which conditions were added for special review for non-city projects. Are state grants for construction of boardwalks, stabilization, re-nourishment, and beach restoration available under current state ordinance? John Major asked clarification from Sonny Emmert regarding permitting. Sonny explained there are two things: permit issuing authority and ordinance. Permit issuing authority as approved by the GaDNR Board. You would have to have something in place stronger or a Shore Protection Act and then go through a process with the state to get approval. At that point the city could become a permit issuing authority. If the local unit of government adopts an ordinance stricter than the Shore Protection Act, the GaDNR will take their recommendation. He further stated that there have not been any grants approved to his knowledge. We can have a stricter ordinance without being a permitting authority. This was confirmed by Sonny. If Tybee denies a building permit, the applicant could not go to DNR and ask for a permit. You must have approval from the city prior to going to the state. City’s Ordinance supersedes state ordinance. The commission will recommend to the city council that we do not want to be a permitting authority. Commission will recommend to the city council that we do not recommend Tybee becoming a permitting authority. KathrynWilliams feels we should have our own ordinance. It needs to be twofold, (1) protecting our sand sharing system and (2) to protect homeowners who do not want their home engulfed in a sand dune. Lou Off posed the question to the commission, “do we want our own ordinance?” He feels we need to have an ordinance. He suggested that we take the “line” set by GaDNR, which is the toe of the dune for the entire island, that being the line which is called the inside toe of the dune is the line plus 10’, would be a no build line unless the owner was granted a variance. The city still needs an ordinance to fill in the “holes” in the GaDNR ordinance. Are there an existing lawsuits based on Shore Protection Act? Diane Schleicher will check and let commission know. Monty reminded the commission we are not tasked to craft a new ordinance but come back with recommendations. Erosion vs. stable dunes Kathryn Williams suggested we needappropriate wording for each. Site plan review vs. variance process. John Major made a motion that the commission move towards shaping our own ordinance. Rusty Fleetwood seconded. The vote was unanimous. Meeting adjourned.