HomeMy Public PortalAbout120_040_ Variance Lot 10 Robinson Ave 1of2 MAYOR CITY MANAGER
Jason Buelterman 144frp. Diane Schleicher
Imo , , d
CITY COUNCIL ;C
Wanda Doyle,Mayor Pro Tern ' CITY CLERK
Tern Barry Brown +r Janet LeViner
Rob Callahan CITY ATTORNEY
Bill Garbettyf I
Edward M.Hughes
Monty Parks
Paul Wolff '-rat ocrc v-%
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—Lot 10 Robinson Ave.; zone R-1; Mack Kitchens,petitioner; consideration of setback
encroachments for new single-family dwelling
Budget Line Item Number (if applicable): N/A
Paper Work: -V Attached*
V 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
P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified
(866) 786-4573—FAX (866) 786-5737 ;` City of
www.cityoftybee.org 1 Ethics y
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PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: December 17, 2013
Petitioner: Mack Kitchens
Project Name/Description: Lot 10 Robinson Avenue
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 Motion to approve
Borkowski X Second
Bramble X
Callahan Recused
Marion X Vice Chair
McNaughton X
Parks Chair Absent
The Planning Commission recommen. A., oval ❑ Denial n Continued
Planning Commission C' :• � Date: ( 2 -I\"3
Planning& Zoning Manager: A • •IMO Date: I D 4494-3
a4i 4.
T STAFF REPORT
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PLANNING COMMISSION MEETING: December 17, 2013
CITY COUNCIL MEETING: January 9, 2014
I `h 4
LOCATION: Lot 10 Robinson Ave. (at Sprucewood Ave.) PIN: 4-0002-08-005
APPLICANT: Mack Kitchens OWNER: Mack James Builders,LLC
EXISTING USE: vacant lot PROPOSED USE: new single-family dwelling
ZONING: R-1 USE PERMITTED BY RIGHT: yes
COMMUNITY CHARACTER MAP: North Beach Neighborhood
APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations).
PROPOSAL: The applicant is requesting re-approval of setback variances for construction on a vacant R-1 Iot.
ANALYSIS: A Variance application identical to this current request was considered and approved by the Planning
Commission in November 2012 and by City Council on December 13, 2012. Section 5-090(C) provides a limit of
12 months for approval for a granted Variance. Therefore, the applicant is now re-applying for the same Variance.
The Minutes of the previous meetings are included in this packet.
The general character of the area surrounding this lot is residential. The parking area for a residential bed and
breakfast is to the east at the end of Robinson Avenue.Property occupied by the American Legion is nearby.
The dimensions of this lot are approximately 65-feet by 53-feet. The square footage is 3,457.The minimum lot size
in the R-1 district is 12,000 square feet.The"hardship"definition of Section 5-090(A) reads:
(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;and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
The required building setbacks for lots zoned R-1 are 20-feet front and back, and 10-feet sides. The applicant is
requesting approval of setback variances for construction on an existing foundation. The lot is located in the former
Fort Screven area and the existing foundation may be circa 1940. The existing setbacks from the foundation to
the property lines are approximately 18-feet front/south, 9.5-feet rear/north, 11.7-feet east side, and 5.3-feet
west side. There are rights-of-way of 50-feet, 45-feet, and 20-feet bordering the west, south, and east sides of the
lot. The rights-of-way to the west and east are unopened.The north property line of the subject property is bordered
by the side yard of a single-family home at 5 Sprucewood Street. The single-family home to the east fronts Meddin
Drive. The "200-foot rule" of Section 3-090(A)(1) is not applicable to this lot. The proposed use is in keeping with
the R-1 zoning district as outlined in Section 4-050(A):
This land use district is established to minimize development densities in certain portions of the island to
prevent overall development on the island from exceeding its environmental carrying capacity. Also to
provide for quiet, livable, low-density single family institutions, as well as limited provisions for bed and
breakfast operations.
1
The Comprehensive Plan describes the North Beach Neighborhood as follows:
This area contains a significant amount of natural, cultural, and historic resources. The broad collection
of land uses also includes new larger-scale residential developments, traditional cottage-style homes,
townhomes, condominiums, restaurants, and other public uses. Two of the City's most notable historic
sites are located in this area including the Tybee Lighthouse and Fort Screven MuseumlBattery. Other
characteristics include narrow streets, street trees, public and private beach access, public parking,
pedestrian and bicycle traffic, and public parks.
The proposed single-family dwelling meets the only applicable Recommended Development Strategy outlined in
the Comprehensive Plan, Section 1.2.9, North Beach Neighborhood. The other seven strategies are more
appropriate for historic structures or municipal projects and are not reflective of the consistency of this project with
the Comprehensive Plan.
Comprehensive Plan—Community Character Area
North Beach Neighborhood—Section 1.2.9
Meets
Recommended Development Strategies Strategy
YIN or NIA
1. New development,redevelopment and restoration should be consistent with existing character Y
of the area in terms of mass, scale, use and density.
2. Establish standards and design guidelines for signage. Develop a "theme" for signage to N/A
ensure that it is consistent and fits with the character of the area and the Island as a whole.
3. Provide signage for landmarks and commercial businesses in this area. N/A
4. Historic structures should be preserved whenever possible. N/A
5. The City should provide appropriate incentives for historic restoration projects. N/A
6. Pursue historic district/historic structure designations for appropriate areas within this district. N/A
7. Ensure continued preservation of old growth trees,parks and greenspace. N/A
8. Support the continued development of the Tybee Island bikeway including bike lanes and N/A
multi-use trails.
The applicant has been advised that two means of egress are required by Section 9-050(C). The building plans will
be redrawn if this request for setback variances is granted.
STAFF FINDING
Staff recognizes the required setbacks for a 12,000 square foot lot in an R-1 district are lot are challenging for
development of this 3,457 square foot lot of record. The proposed single-family dwelling is not considered
detrimental to the character of the surrounding neighborhood.
This Staff Report was prepared by Dianne Otto.
ATTACHMENTS
A. Variance application received 12/03/2013 (2 pages)
B. Minutes of Planning Commission Nov. 2012 & City Council Dec. 2012 meetings (3 pages)
C. SAGIS map (1 page)
D. photos of existing conditions (1 page)
E. Survey showing existing foundation, dated October 5, 2012(1 page)
F. Rendering of proposed single-family dwelling(1 page)
2
CITY OF TYBEE ISLAND Fee
ZONING VARIANCE APPLICATION commercial $500
; f Residential $200
Applicant's Name id ,k I tJ
Address and location of subject property / £á27 A,
PIN /(7/-6060Z—0 E-v6 Applicant's Telephone Number 91,2`Y 1/ 7C
Applicant's Mailing Address )61
X A° 7 g
'T7// 6/e-
Brief description of the land development activity and use of the land thereafter to take place on the property:
J re fie j •
Explain the hardship j 4 A. ,
Property Owner's Name /7 6x- ,,X;;7k e.143 Telephone Number
Property Owner's Address /1/645 1, fi%
Is Applicant the Property Owner? /------Yes No
If Applicant is the Property Owner, Proof of Ownership is attached: 7 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 -C Current Use ,76/2e
Names and addresses of all adjacent property owners are attached: 7 Yes
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 $250 or more made by the Applicant t
the local government official during the two (2) years immediately preceding the filing of th
application for this zoning action.
Disclosure of Ca aign Contributions form attachment hereto: I( Yes
—A:2/243
Signatur of Applicant Date
NOTE: Other specific data is required for each type of Variance.
Fee Amount$ 200 Check Number (fib 211 Date i . . -3-L3
City Official Ot,,
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 est of his/her ability in a truthful and honest manner.
11/// /11/...2/5
Signature of Applicant Date
PLANNING COMMISSION MINUTES 11/13/2012
Zoning Variances—new single-family dwelling—14 Robinson Ave.
Ms. Otto—This request is at 14 Robinson Avenue. That is a vacant lot that was recently assigned to that
address; it did not have a street address prior to this. There appears to have been a building on this
location many, many years ago and there is a foundation remaining from that old building. The applicant is
requesting to build on that existing foundation and have those setbacks be approved through a setback
variance tonight. There are unopened rights-of-way on two of the sides and a right-of-way that is open on
the front side. There is one property line on the north side that does abut somebody else's lot otherwise it
is surrounded by rights-of-way. In your packet is the proposed footprint of what the new single family
home would have if approved. The applicant is here tonight and I am also available if you have any
questions.
Mr. Parks—Do I have questions for staff at this time? [There were none.] If I understand right this does
qualify as a substandard lot.
Ms. Otto—Yes, it's very small. Minimum lot size in the R-1 zone is 12,000 square feet;this particular lot has
3,457 square feet so it is much smaller than the required lot size in R-1.
Mr. Bishop When I went to do a site view and trekked through those massive vines and trees,there is the
manhole or whatever that is [referring to picture on the screen]. If I understand correctly,they are going to
build on the old building foundation.
Ms. Otto-Yes, I had that discussion with the owner and would encourage him to answer that question
directly.
Mr. Parks—Other questions for staff? Is there anybody here to represent the applicant?
Gary Sanders came forward and introduced himself. I'm the architect for the project. As Dianne
mentioned, it is a substandard lot of record and the foundation is apparently from Fort Screven so it is a
historical fort foundation. The first slide that was up [referring to PowerPoint],that was a survey where the
surveyor had actually measured the slab and that is where the setbacks are involved. In R-1 zone it is 20 on
the front, 20 on the back, and 10 on either side. In that orientation,there is only thirteen feet of buildable
area in the longitudal dimension. We could build the slab to code exactly on top of it and reinforcing
anywhere it may need to be reinforced. We are hoping, since it is a historic fort slab, it is a very sturdy slab
but we will investigate that as well. The other thing that is very important is that Sprucewood is on the
western side and it is unopened. Where it says twenty foot lane,that is Sprucewood Lane and it is
completely unopen. The slab nearly meets R-2 setbacks in that it is 20 feet from Robinson,which would be
the front, it is 10 feet from the abutting property to the north and it is 10 feet from Sprucewood Lane, but
the slab is 5.5, I believe,from the unopened Sprucewood. Robinson ends at our lot; it doesn't continue
through either.
Mr. Parks—Questions for the applicant?
Mr. Bishop—The old building foundation,you're still looking at the exploration?
Mack Kitchens came forward and introduced himself. We haven't wanted to disturb anything until a later
time when everybody could see. We got it surveyed and you can see in this shot [referring to PowerPoint}
where the slab is. It has stem walls and I would imagine it is about a 6 inch slab poured in there. What I
have torn out in the past, as far as construction by the Army Corps,they are usually pretty good.
Mr. Bishop—I make a motion to approve the variance as requested.
Mr. Marion—Second.
Mr. Parks—Those in favor of approval as presented, please signify. [McNaughton, Bishop, and Marion were
in favor. Callahan and Bryan were against.] Motion carries.
Ms. Otto—This will go to Council on December 13th.
CITY COUNCIL MINUTES 12/13/2012
Zoning Variance. 14 Robinson Avenue; PIN 4-0002-08-005; Zone R-1; Mack
Kitchens and Billy Bremer, petitioners. Ms. Otto stated that the petitioners are
requesting to build a single family dwelling on the property. The Planning Commission
heard this request and approved 3-2. She further stated that the property is smaller than
the required 12,000 square foot but is a lot of record. On the property there is a foundation
from a prior building which dates back to the Fort Screven. She further stated that the
applicants are requesting to retain the original footprint and build a single family dwelling on
that footprint. She further explained this is in an R-1 there is a 20' front and back and this
lot has 18' on the front and 9.5' on the rear. Also, the required side setbacks are 101 and
this lot has 11.7' on one side and 5.3' on the other. Ms. Otto stated that it is important to
know that three sides of the property are rights of way, two being are unopened and the
other is privately owned. Mr. Wolff asked Ms. Otto if the new structure is going to be in the
original footprint of the previous structure. She confirmed. Mike Burnstein approached
mayor and council who is the property owner to the rear. He stated he has some concerns
as the proposed residence will be close to his house. One of those concerns is the type of
residence and if it will remain in the existing slab. Mayor Buelterman asked Ms. Otto if the
new structure will remain in the footprint and there will not be stairs, decks, etc. extending
beyond. She confirmed. Mr. Burstein stated that the existing slab is old and will the
petitioner be allowed to use that or will they be required to remove the slab and put a new
one in. Ms. Otto stated the petitioner is requesting that the setbacks to be based on the
location of the existing foundation. Wanda Doyle made a motion to approve. Barry
Brown seconded. Vote was unanimous.
14 Robinson Ave.
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