HomeMy Public PortalAbout120_010_1 Variance - Lot 2 Van Horn 1of2 MAYOR CITY MANAGER
Jason Buelterman 4 Diane Schleicher
CITY COUNCIL _ CLERK OF COUNCIL
Wanda Doyle,Mayor Pro Tern LeViner
Barry Brown
W CITY ATTORNEY
Jan Fox
Bill Garbett Edward M. Hughes
Torn Groover
t�v1xlc> v4
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: December 12, 2013
Item: Public Hearing
Explanation: Variance—Lot 2 Van Horn.; zone R-1;Heather Rogers,petitioner; consideration of setback
encroachment for construction of a new single-family home
Budget Line Item Number (if applicable): N/A
Paper Work: `■ Attached*
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: December 5, 2013
* * *
P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified*
(866) 786-4573—FAX(866) 786-5737 t City of
www.cityoftybee.org
IA Et ��►-�
PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: November 19, 2013
Petitioner: Heather Rogers
Project Name/Description: Lot 2 Van Horn
Action Requested: Variance
Special Review r 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
Borkowski X Motion to deny
Bramble X _
Callahan X
Marion X
McNaughton X Second
Parks Chair Absent
The Planning Commission recomme s: ❑ Approval /I Denial ❑ Continued
Planning Commission Chair: Date: {I .. 1 3
Planning& Zoning Manager: _s ��,. , 0 , Date: I I - 2, 0 -1 3
• STAFF REPORT
•, FOR THE PLANNING COMMISSION MEETING OF: November 19, 2013
_____,) FOR THE CITY COUNCIL MEETING OF: December 12, 2013
LOCATION: Lot 2 Van Horn PIN: Lot 2 of 4-0021-03-001
APPLICANT: Heather Rogers OWNER: same
EXISTING USE: vacant lot PROPOSED USE: single-family dwelling
ZONING: R-1 USE PERMITTED BY RIGHT: yes
COMMUNITY CHARACTER AREA: North Beach Neighborhood
APPLICATION: Variance from Section 3-090(A)
PROPOSAL: The owner of Lot 2 Van Horn is requesting approval of setback variances for future construction of a
new single-family home.
ANALYSIS
The required zone R-1 setbacks and the setbacks as requested by the applicant are shown below.
ZONE R-1 SETBACKS REQUIRED REQUESTED
front(Van Horn) 20' 20'
back(Pearwood St.) 20' �..tri 0+ 601 ran °ci''o't. 64/
left side(north) 10 5 (-4p� 11'C°L"4" .}er
right side(south) 10' 10' �� �„��
The applicant owns Lots 1 and 2. Her attached narrative discusses the variance request being motivated by a desire
to preserve a mature Live Oak tree. The attached survey of Lots 1 and 2 shows the trunk of the tree to be on Lot 1
with the tree's canopy overhanging Lot 2. The attached Site Plan depicts the range of the canopy.
The owner has met with City officials regarding the required relocation of a sewer line bisecting Lot 2. A plan
acceptable to both parties was formulated. The owner is responsible for the cost of this project.
Section 5-090(A)(1) and (2) state the standards for the granting of a variance:
(A) Standards. After an application has been submitted to the zoning administrator, reviewed by the
planning commission, and a public hearing has been held by the mayor and council, the mayor and
council may grant a variance from the strict application of the provisions in this Land Development
Code only if the following findings are made:
(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 proposed single-family dwelling is in keeping with the R-1 District as outlined in the Land Development Code
Section 4-050(A):
1
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 neighborhoods including compatible and supporting
low impact educational, religious, and public institutions, as well as limited provisions for bed and
breakfast operations. The character of development in these areas is oriented for permanent residents. This
district shall remain single-family residential with some light family oriented service uses. Commercial and
industrial uses are incompatible with this district.
Below is the description from the Comprehensive Plan of the North Beach Neighborhood Community Character
Area:
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 Museum/Battery. Other
characteristics include narrow streets, street trees, public and private beach access, public parking,
pedestrian and bicycle traffic, and public parks.
The table below demonstrates the proposed setback variances for a new single-family dwelling meet the two
applicable Recommended Development Strategies of the Comprehensive Plan for the North Beach Neighborhood
Community Character Area.
Comprehensive Plan Section 1.2.9 Meets Strategy
North Beach Neighborhood • Recommended Development Strategies 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 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 .rovide a..ro.riate incentives for historic restoration .ro•ects. N/A
6 Pursue historic district/historic structure designations for appropriate areas within this N/A
district.
7. Ensure continued .reservation of old owth trees, .arks and eens.ace. Y
$ Support the continued development of the Tybee Island bikeway including bike lanes and N/A
multi-use trails.
STAFF FINDING
Staff finds the buildable area of Lot 2 Van Horn is decreased by the canopy of a large Live Oak tree on the south
property line. Only extreme pruning or removal of the tree would negate the impact on the buildable area. The
proposal is in keeping with the two applicable Recommended Development Strategies of the Comprehensive Plan
for the North Beach Neighborhood.
Staff Report prepared by Dianne Otto
ATTACHMENTS
A. Application (2 pages)
B. Proof of ownership(1 page) 2 j:"1
C. Narrative from the applicant (X page Q S r e vl Se c4 PP'' a..9.4 Q �'�r F�
D. Survey of Lot 1 &Lot 2, dated 01/22/2013 (1 page) ° in ,Ss:o n rye a e ,n3
E. Site Plan of requested setbacks from applicant (1page) 0..6 .1'r' "PC t+^a e4. ns .
F. SAGIS (1 page)
G. Photographs of existing conditions from applicant (3 pages) rn a , •
14. -r2. - -Tree -Pr fl ee4:ar, a• ec.1 C 12 pa.EA-cc"/.a O,h4r 1'6. 3
to• *0-31. /An 405 ypar).¢d'led 0.44.er PC PA" A"
,, ,,,y )1 i/1I(
, - CITY Q TYBEE ISLAND Fee
•. Commercial $500
ZONING VARIANCE APPLICATION Residential $goo
f---k
Applicant's Name C1 2
Address and location of subject property Lir
l__ 1 �wio it ' hii I /Y"(r�- 5. 1v1-1-
PIN — � 6$- 061 040vri CD2N.02
} 1 Applicants Telephone Number
G14-lit (el S•(o4S _
Applicant's Mailing Address 4�1 LIDCIA)1 bl') f\�Cj,,14, 314 b4
Brief description of the land development activity and use of the land thereafter to take place on the property:
ktuo ittri,s-k-ruJIGyi ciE -6 sicist,4-t6.___, ,)tiro-f. I n _
Explain the hardship Lriv_crt--- (9 TLLt 1S vn, r y bu@c1? aveo,'
Property Owner's Name t- ''r1 1-- 12-Q eV S Telephone Num er 'lz. �P_ I S-1A-5SJ
r�
Property Owner's Address '1�7 LA uo Air( SA-van 1260 r9" 3/4.04
Is Applicant the Property Owner? 7( Yes No
If Applicant is the Property Owner, Proof of Ownership is attached: X Yes
If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of Property Current Use EIV LOk-
Names and addresses of all adjacent property owners are attached: ` 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 Applican
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 governmen
official during the two (2) years immediately preceding the filing of the application for this zoning
action, and the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant t
the local government official during the two (2) years immediately preceding the filing of th
application for this zoning action.
Disclosure f Cam ai n Co tributions form attachment hereto: / Yes
� � � /0 . 22- -13
Sigfiature of Applicant Date
NOTE: Other specific data is required for each type of Variance.
Fee Amount$ Check Number \ S c7 Date II — 1 — k 3(-Q..
City Official �,ar(d
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,
X. 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 • his/her ability in a truthful and honest manner.
- n
Sig ature of App leant Date
A. Settlement Statement U.S.Department of Housing 1r
and Urban Development OMB Approval No.2502-0265
B.Type of Loan
1.0 FHA 2.0 RHS 3.0Conv. Unins. 6. File Number 7.Loan Number 8.Mortgage Insurance Case Number
4.0 VA 5.0 Corm Ins. 21884
C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items
marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included in the totals.
D.Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender
HEATHER ROGERS LOWER BAY ST.PROPERTIES, LLP
427 LAWTON AVE. PO BOX 11108
SAVANNAH,GEORGIA 31404 SAVANNAH,GA 31328
G.Property Location H.Settlement Agent
0 VAN HORNE DAVID E.ZEIGLER, P.C.
TYBEE ISLAND,GEORGIA 31328 636 STEPHENSON AVENUE STE A SAVANNAH GA 31405
(LOTS 1 AND 2,BLOCK 36, FORT SCREVEN WARD Place of Settlement I.Settlement Date
CHATHAM COUNTY,GEORGIA) 636 STEPHENSON AVENUE 10124/13
SUITE A
SAVANNAH,GA 31405
J.SUMMARY OF BORROWER'S TRANSACTION: @ ••---•-
Ovole
of
pvo
of
For Consideration Regarding Zoning Variance at:
Lot#2 at Northeast Intersection of Fort and Van Horn
My motivation to request this variance is out of my desire to protect the 25" Live Oak on
the adjacent property near the southern property line of Lot#2.
Hardship:
Guidelines for building adjacent to trees of this type and size recommend a buffer of 25 feet to
protect the critical root zone and insure the health and viability of the tree. In addition, the
tree's canopy overhangs the buildable area of lot#2 by 24-34 feet. Because the property is
currently classified as a "Substandard Lot of Record" our lot consisting of 6,400 square feet is
already deficient of buildable land area in comparison to current R-1 area requirements of
12,000 square feet. This,together with the requirements necessary to preserve the tree,
reduces our buildable land area by almost 25%,thus creating a hardship of building an
appropriate type and size home using traditional building methods without damaging or killing
the existing Live Oak tree.
Solution:
By moving the footprint of the house 5 feet to the North towards the Bunker, and 10 feet to the
east towards the dirt road,we are ensuring that the Critical Root System of the tree is not
damaged by the footings of the house. Also the 10' rear variance helps make certain that the
house is near the outside of the canopy without extensive, unbalanced over-trimming of the
tree. This also allows room for future growth_
The current building footprint of 2,000 square feet was designed to stay within the current
setbacks without regard to the tree. I am not asking for additional square footage to add to the
building footprint, only that I am able to shift the current footprint,to ensure the tree's health
and viability.
The whole basis for variances is to be able to "make exceptions to the rules" when there are
"unique physical circumstances". Our reason to request the variance is only to preserve the
tree while keeping building a home on the property economically feasible and finally becoming
permanent members of the community.
Respectfully,
Heather Rogers
Owner
Guidelines for approval of a Zoning Variance
5-090 (A) (1) "That there are unique physical circumstances or conditions beyond that
of surrounding properties including:"
-Irregularity
This property is a Substandard Lot of Record. The current requirements for residential
land development requires a minimum 12,000 SqFt of land area. The subject property is
considerably below that with a buildable area of 6400 SqFt.
The lot is a "Unique Physical Circumstance" because it is lacking land square footage required for a
lot in an R-1 zone, as adopted by the City of Tybee.
-Irregularity
The western property line follows VanHorn which creates an acute angle along the West
side of the lot. This results in wasted area that cannot be utilized in conventional
construction. It would create an economic hardship to the owners to incorporate
the irregular angle in a traditional house plan.
The lot has an "Unique Physical Circumstance" because its irregular shape results in
unusable buildable area.
-Exceptional topographical or other physical conditions peculiar to the particular
property.
A 25" Live Oak is located near the southern property line. Guidelines for building
adjacent to trees of similar species and size recommend a buffer of 25'from the trunk
to stay out of the critical root zone and insure the health and viability of the tree. This
results in a loss of almost 25%of buildable area.
"Exceptional topographical conditions" exist due to a 25" Live Oak restricting the
buildable area because of buffers needed to ensure the health of the tree.
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."
The current setbacks required in an R-1 zone are designed to be applied to a property
with a minimum of 12,000 square feet. Our 6,400 lot, which is a substandard lot of
record, is considerably deficient in square footage-by almost half. That, coupled with
the guidelines required to ensure the health and vitality of the tree make us unable to
build our home on the lot without the relief a variance would provide. Without the
variance, our only option is to mitigate the 80-100 year old tree.
It is not economically feasible to build an appropriate size home on the lot, within the current
setbacks and tree requirements, using conventional construction methods without undue hardship
to the property.
0.I.R.F. = ORIGINAL 1-1/8" IRON ROD FOUND
R.B.F. = 1/2" REBAR FOUND ,
R.B.S. = 1/2" REBAR SET WITH CAP
S.M.B. = SUBDIVISION MAP
O.t.R P S 7l+
72.3 •/� r 9
s s 24. S0, ivw
16" OAK
cV I c. TWIN.)-.. 8" SANITARY SEWER LIN 63:76,�2' -3j'\ �- 'G�
tr z EDGE OF DIRT 3
--.c.:i!it LOT 3 jm� TRAVELED WAY
71V i I L T- 2- ,..0 CC
/a 6, 7 sq.ft. ov Q
2 40. 015 acres 5.427 sq.ft. t0 d"
/ 25" OAK TREE far^
0.12 acres /0)
to . u) i kigi
40 , GUY WIRE LOT 1 g
i
m 2.37..} / GUY POLE 4!6),, Ce
f Fi_5 65.05' iF-;35.
_ 69.73' iOgA 0
o S 41'30'17"f E 188.42' � +
134.78' — N�41"30'17" W +
VAN HORN STREET 60' R/W
NOTE: REVISED FEBRUARY 3, 2013 TO NOTE THE
AVERAGE GROUND ELEVATION IS 9.54' NAVD 88 REFERENCES:
NOTE: REVISED JUNE 14, 2013 TO SHOW THE 1. PLAT OF LOTS 1-4, BLOCK 36, BY WRIGHT C.
8" SANITARY SEWER LINE CROSSING LOT 2 POWERS DATED 2/25/80.
2. PLAT OF LOTS 1-4 & EAST PORTIONS OF LOTS
5 & 6, BLOCK 36, BY WARD EDWARDS, INC.
STATE OF GEORGIA DATED 8/17/05.
CHATHAM COUNTY .3. S.M.B. A-94A-94E.
PLAT OF LOTS 1 & 2, BLOCK 36, FORT SCREVEN WARD,
TYBEE ISLAND, .GEORGIA.
FOR: LOWER BAY STREET PROPERTIES, LLP.
DATE OF SURVEY: JANUARY 21, 2013
DATE OF PLAT JANUARY 22, 2013 (REVISED JUNE 14, 2013) .1
IN MY OPINION THIS PLAT IS A CORRECT SCALE: 1"T 30'
REPRESENTATION OF THE LAND PLATTED 0' 30' 60`
eIrri.,64. 44 r...rte =�►E.O.C. FIELD 1/ 18,000 _ •` {ate Q< ERROR/POINT 1" BERT BARRETT, JR. ' :'
ADJ. METHOD INSPECTION LAND SURVEYING, P.C. `, .11P Ai�R �
E.O.C. PLAT 11 77,592 145 RUNNER ROAD
TOTAL STATION TRIMBLE 5603 SAVANNAH, GA. 31410
(912) 897-0661
02036-2 6-14-13
Lot 2 Van Horn
Heather Rogers
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