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HomeMy Public PortalAbout120_020_ Variance 3 13th Ln 1of2 MAYORS CITY MANAGER Jason Buelterman {p y Diane Schleicher CITY COUNCIL -"` , CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett rr: Edward M.Hughes Monty Parks Paul Wolff — CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: January 9, 2014 Item: Public Hearing Explanation: Variance—3 Thirteenth Ln.; zone R-T; Ken Grainger, petitioner; consideration of setback encroachments for third story addition Budget Line Item Number(if applicable): N/A Paper Work: Attached* i Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting, Submitted by: Dianne Otto Phone /Email: (912) 472-5031 / dotto @cityoftybee.org Comments: Date given to Clerk of Council; January 2, 2014 * * F.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328.2749 *Certified (866) 786-4573—FAX (866) 786-5737 t City of Ethics If www.cityoftybee.org ��� 9 1..1--L�' 4tOrtioc PLANNING COMMISSION NOTICE OF DETERIVIINATION Meeting date: December 17, 2013 Petitioner: Ken Grainger Project Name/Description: 3 Thirteenth Lane Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST ! COMMENTS Bishop X Second _ Borkowski X Bramble X Callahan Recused Marion X Vice Chair McNaughton X Motion to approve Parks Chair Absent The Planning Commission recommends: G, Approval ❑ Denial ❑ Continued Planning Commission it air: ? Date: t-7-^ " `3 Planning & Zoning Manager: . Date: t aZ _1 9.4 3 STAFF REPORT PLANNING COMMISSION MEETING: December 17, 2013 CITY COUNCIL MEETING: January 9, 2014 LOCATION: 3 Thirteenth Ln. PIN: 4-0007-06-004A APPLICANT: Ken Grainger OWNERS: same EXISTING USE: single-family structure PROPOSED USE: same ZONING: R-T USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Beachfront Neighborhood APPLICATION: Variance PROPOSAL: The request is a Variance from Section 3-090(A), Schedule of Residential District Dimensional Requirements,for a third floor addition. ANALYSIS: The utility account for the dwelling owned by Ken Grainger is for a single-family home. According to the Chatham County Property Record Card it was built in 1978. It is not FEMA-compliant. This setback Variance request is for proposed construction of a third floor atop the existing two-story structure. The R-T setback requirements are 20-feet front and back, and 10-foot side setbacks.The south and the east side of the existing structure conform to the required setbacks. However, the structure is nonconforming on the north and the west. Ken Grainger requested and was granted a setback Variance for a deck/stairway in 2010. The Planning Commission vote was a tie and the City Council voted 4-2 in favor of a 3-foot north setback and a 4-foot, 7-1/2- inch west setback allowance. The Minutes of the PIanning Commission and City Council meetings are attached to this report.The 2009 survey provided with the current Variance application does not depict the stairway work that was approved and permitted in 2010. The proposed third-story addition would extend the structure vertically in the nonconforming north and west setbacks. The remainder of the addition would not create setback encroachments on the east and south. The building height is restricted to 35-feet. The proposed addition is 1,008 heated/cooled square feet plus additional porches. Staff did discuss with the applicant various options for a third story addition that would not require approval of a Variance. A description of the R-T, Residential Tourist District, as provided in Section 4-050(D) of the City's Land Development Code follows. The purpose of this district is to provide for areas where tourists and residents are mixed. Development in. this district is primarily residential; however, limited accommodations are made for the housing of the tourist population visiting overnight, weekends, weeks, or extended periods. The description from the Comprehensive Plan of the Beachfront Neighborhood Community Character Area reads: This area includes the neighborhood adjacent to the beach on the east side of Butler Avenue. It is defined by a mix of single-family, duplex, and multi family development. General characteristics of the area include old-growth trees, on-street parking, wide streets, alleys, and public and private beach access. 1 The table below shows how the proposed development fits with the Recommended Development Strategies outlined in Section 1.2.4 of the Comprehensive Plan for the Character Area. Comprehensive Plan Section 1.2.4--BeachfrontNeighborhood Recommended Development Strategies Meets Strategy Strategy Y/N or N/A 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use, and density. 2. Historic structures in this area should be restored and/or preserved whenever possible. N/A 3. The City should provide appropriate incentives for historic restoration projects. N/A 4. The pedestrian environment should be enhanced where feasible. N/A 5. Old growth trees should be preserved. N/A 6. Public beach access should be preserved,maintained,and enhanced as necessary. N/A 7. Do not allow intrusion of commercial uses. Y 8. The low-density character of this area should be preserved. Y 9. Encourage preservation of large,historic beach to Butler Avenue lots. N/A STAFF FINDING The proposed project does not comply on the north and the west with the 20-foot and the 10-foot setback requirements of the R-2 zoning district. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Application (2 pages) B. Narrative from applicant (1 page) Pe4 4 ^ r'"° "-:3" rs r e c e v cd i 1-I ro-13 (I p a g c) C. Minutes of PC 08/17/2010 &%C 09/09/2010 meetings (3 pages) D. Second floor property line setbacks provided by applicant (1 page) E. Property identified on Zoning Map provided by applicant(1 page) F. SAGIS map with access easements shown(1 page) G. Photographs of existing conditions (2 pages) H. Survey, dated 07/25/2009(1 page) 2 ,�. CITY OF TYBEE ISLAND Fee '..,I 4 .: ZONING VARIANCE APPLICATION Commercial $500 _, Residential $200 Applicant's Name 42, l Address and location of subject property I IH t.- iJ i 1 11- E_ 5LI t PIN 4—0007— O6,— O©` -,c Applicant's Telephone Number 0'12-) 'Co(s —1 15 Applicant's Mailing Address r_ 0. sac ZZ,C 5 3 5/ NSJ!NAI--1 )61A, 14-03 Brief description of the land development activity and use of the land thereafter to take place on the property: ASKiNCa Tt7 i5UILV wa..Litot2ve. EyJ511i t L..iviNi 4i66r 1 —rmial. Explain the hardship, .L. F-#VU5E.6 P-I.THIS F.r 1715j y:.:l A t lcQNNFF lr-V I.`i .)5. 715 E7 1'; Property Owner's Name KEN 4P.p.1I-ICI E P-, Telephone Number 0I1.) er34::3- 1 Iti Property Owner's Address 77 — I '11-1 L l,I -r\l/f 1✓ 15 Lk.1-I PA. Cam,. Is Applicant the Property Owner? I/Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting th Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property 12-,_1.. Current Use 6l 1.-46it.e Fb,M IL's R 5 Ir;0411,AL Names and addresses of all adjacent property owners are attached: es If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, th Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member c Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicar must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local governmer official during the two (2) years immediately preceding the filing of the application for this zonin action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant t the local government official during the two (2) years immediately preceding the filing of th application for this zoning action. Disclos e 0 .k ,.ign Contributions form attachment hereto: /Yes 41111P ' \\ / /9 /-1/7_ .J' ignature of Applicant Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ 2 0 0 Check Number 237 Date ` 2. -2-(3 City Official (- 1,:t CK NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, _narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the require information to the best of his/her ability in a truthful and honest manner. /---;.../ie.. e.: _ ii„. ,,-t., ,,, ._, -cD0/3 ignature of Applicant Date 11 Jones Avenue DC Tybee Island GA 31328 T 912.786.7945 F 912.786.7943 { ddesigns(cbellsouth.net DIVERSIFIED DESIGNS? P.C. Diversit°iedDesigners.net 3- 13th Lane Tybee Island, Georgia We are asking for a variance to add an addition to a non- conforming lot with a nonconforming structure. We want to add above the existing second floor footprint. The Graing- er's have moved into this house and need more room for their family. This little sliver of R-T zoning on North side of 14th Street has only 3 homes which none meet the R-T set- backs of 20 20 10.The existing homes are designed in the more common R-2 zoning configuration with 20 10 10 set- backs. The house was built with a 2 foot overhang from ground level on second floor which is shown on "Second Floor Property Line Setbacks" attached. In order to build an additional floor on this home we will add additional col- umns, beams and foundation to support the additional floor under the existing overhang. Our hardship is shallowness of the existing lot. Please consider this petition. 11 Jones Avenue Tybee Island GA 31328 T 912.786.7945 F 912.786.7943 ddesignsrcibellsouth.net DIVERSIFIED DESIGNS, P.C. DivcrsitiedDesigners.net 3- 13th Lane Tybee Island, Georgia Well have no objections to the Grainger's adding to their existing home within their existing footprint. Name Address 111(/?5 ‘ /3-1Z- PLANNING COMMISSION MINUTES 08/1712010 Vice Chair John Major opened a Public Hearing for Zoning Variance at 3 Thirteenth Lane, PIN 4- 0007-06-004A, Zone R-T. The petitioner and property owner was Kenneth Grainger. The request was to reduce the rear setback to 3-feet and the west side setback to 4-feet, 7.5-inches for construction of a set of stairs. The required setbacks were 20-feet in the rear and 10-feet on the side. Jonathan Lynn noted that a revised narrative and survey had been received since the Staff Report and Planning Commission packets were issued. He explained the request. Major asked if the deck was existing. Lynn said that the stairs would be part of the deck, and there would be some additional deck built to accommodate the landing for the stairs. Lynn noted that the existing 9.72-foot setback on the rear was less than the required 20-feet. Major asked if it was a substandard lot of record. Lynn said that in terms of setbacks, it was. Major and Lynn discussed. Grainger said that he was trying to get a staircase to come off the existing deck so he would have a fire escape in the back if needed. Major and Grainger discussed. Rob Callahan asked if the Fire Department had been consulted. Lynn said that for single-family residential units there was no requirement to have more than one means of egress from the structure. Major, Grainger, and Lynn discussed the proposed stair configuration. Callahan asked if construction had started. Grainger said yes. Major asked if he was asked to stop construction. Grainger said yes. It was discussed that Grainger purchased the property last year. Major asked when the lot was created. Grainger said he did not know but the house was built in the early 1980s. The lot was discussed. Marianne Bramble asked if Grainger lived there full-time. Grainger said that they live there in the summer. Callahan asked if there was a second-story staircase in the front. Grainger said yes. Major asked if safety was the primary motivation. Grainger said yes. Monty Parks asked if other methods of fire escape were explored. Grainger said they looked everywhere and could not come up with anything. He said that if the stairs did not come down in the backyard it would take up parking that they could not afford to lose. Parks asked if the stairs would be constructed of wood. Grainger said yes. Parks and Grainger discussed. Major called for public input. There was none. Major closed the Public Hearing. Bramble moved to approve. Major seconded. Voting in favor were Bramble and Major. Callahan and Parks voted in opposition. There was a tie vote (2-2) on the motion to approve. The request would be heard by City Council on September 9. CITY COUNCIL MINUTES 09/09/2010 1. Request for Setback variance, 3 13th Lane (4-0007-06-004A). LDC Section 3-090, Applicant/Owner: Kenneth Grainger. Jonathan Lynn explained the existing use of this property is single use residential. It is currently zoned RT-Residential Tourism and the Community Character in the Masterplan shows this neighborhood as the Beach Front Neighborhood. Mr. Grainger is requesting a side and rear yard setback variance. In the RT Zoning District you are required to have a ten foot side yard setback on each side and a twenty foot front and rear yard setback. What Mr. Grainger is requesting is permission to reduce those setback numbers to three feet in the back and four feet seven and half inches on the side. This would incorporate a set of stairs to a deck, and Mr. Lynn recalled some discussion in the Planning Commission meeting as to whether it is stairs or decking, he feels it is a little of both and that is staff's opinion, since there seems to be a little of Prepared revision 10/7/2010vw Page 7 of 24 both at the very top of the stairs which would essentially expand that deck. However, it would not alter the requested setbacks Mr. Grainger is requesting. Apparently the access is not off Thirteenth Lane but the other street, which is Fourteenth Street; you come in from the other side of the property even though it is addressed as Thirteenth Lane. Mayor Buelterman asked if anyone wished to speak on this request. Kathryn Williams asked about the construction that was already taking place. Mr. Lynn stated there was construction already started and Mr. Grainger ceased when he realized he would have to get a variance for this project and stopped in place. Ms. Williams asked if Mr. Grainger had a permit and Mr. Lynn responded he did not believe he did but Mr. Grainger is present to speak on his behalf. Ms. Williams stated so this is technically an "after the fact" variance. Mr. Lynn responded technically he guessed it would be. Mayor Buelterman stated Shirley Sessions is asking what the "after the fact" procedure is. Mr. Lynn stated the applicant would present a narrative on how, when, where, who created it and what is the need for the variance. The application process is the same except the narrative that is required. However, Mr. Grainger did make application for this variance prior to the "after the fact" variance ordinance being in place. It is in place now given the time lapse between planning commission and council. Mr. Ken Grainger addressed council as the owner of the property and stated he would like to build a staircase three feet wide and attach it to an existing deck on the back of the house. The reason is the bedrooms are on the back of the house and in case of a fire in the front we would have a rear exit. Where it comes down in the backyard there is a six foot privacy fence. It is not visible at all from the street. He has not had any bad comments from any of the neighbors, and like he stated before, it is not visible from the street and it more or less is for safety. Mayor Buelterman asked if anyone wished to speak for or against this project and no one responded. Bill Garbett asked when the house was originally built. Mr. Grainger answered he believed in the mid 80's. Mr. Garbett wondered why they had not considered this when it was built, now it is landlocked. Mr. Grainger stated this is just adding on to the deck that is already there. He directed council to the outline of the house on the plans before them and stated the white part is the deck and it comes right off the end at the Sapp's side of the property and comes down to the end of the house and turns back to the right and comes down into the backyard. As he stated before there is a six foot privacy fence all around that area. Kathryn Williams stated it appears the current deck sits in the setback by a few inches; was a variance obtained to encroach into the setbacks when that was constructed? Mr. Lynn responded staff had looked back in the records and he does not believe there was a variance ever sought of any kind on this property, not to say it was built out of code because we do not know exactly when the code was put in place for RT because it is a unique zoning district, but there is no variance on record for this property. Prepared revision 10/7/2010vw Page 8 of 24 Mayor Buelterman asked again if anyone wished to speak for or against this proposal with no response from the public. Mayor Buelterman closed the Public Hearing. A Motion to approve by Frank Schuman was seconded by Wanda Doyle. Mr. Wolff stated he was out there the other day and that whole lot is already concrete, roof top and deck. He understands the need for fire egress but he would rather see this deck pared down and the steps put within the setback. There is already a whole lot of impervious material on that lot, and he can't see adding any more in that space. Mayor Buelterman asked Mr. Lynn if he knew of other municipalities that mandated multiple points of egress for safety concerns. Mr. Lynn answered yes there are. Mayor Buelterman asked if we were considering that and Mr. Lynn answered yes. Mayor Buelterman asked if this would be in Article 5. Mr. Lynn stated it would actually be in Article 3 which is before council tonight. Mr. Lynn commented with permission to speak for Mr. Grainger, there is no room where he is looking to propose this to be built, that is not in the setback. The rear of the house is already eleven feet into the setback. The minimum code for a staircase is three feet and no matter where he built it, it would still be at least two feet into the setbacks. The vote was four in favor; Sessions, Doyle, Garbett, Schuman and two opposed; Wolff and Williams. 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