Loading...
HomeMy Public PortalAbout110_020_Benton 1of2 MAYOR � CITY MANAGER Jason Buelterman `W,6 Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem ( akitJanet LeViner Barry Brown Rob Callahan I CITY ATTORNEY Bill Garbett ///. Edward M.Hughes Monty Parks 4'444 I :' rto 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: April 10, 2014 Item: Public Hearing Explanation: Minor Subdivision of Land & Variance— 1306 Butler Ave.; zone R-2; John Benton, petitioner; consideration of subdividing one lot into three lots Budget Line Item Number (if applicable): N/A Paper Work: Ai 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: April 3, 2014 P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified 866) 786-4573—FAX(866) 786-5737 , City of ( ,� Ethics y� www.eityoftybee.org tt�"� R'i ` 1 c 1 j Y.f PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: John Benton Project Name/Description: 1306 Butler Avenue Action Requested: Minor Subdivision of Land &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 X 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 _ Absent Borkowski X Second Bramble X Livingston Absent Major X Marion Chair McNaughton X Motion to deny The Planning Commission recomm- - • : ❑ A.proval ® Denial ❑ Continued Planning Commiss • • .ir: A, Date: I '1 Planning& Zoning Manager: 1 . ,.,._ 0 Date: ©3- F9 -2oi4 STAFF REPORT FOR THE PLANNING COMMISSION MEETING OF: March 18, 2014 .�� FOR THE CITY COUNCIL MEETING OF: April 10, 2014 LOCATION: 1306 Butler Ave. PIN: 4-0007-05-006 ZONING: R-2 APPLICANT: John R. Benton,Jr. OWNERS: John R. &Joann B.Benton,Jr. EXISTING USE: one residential lot with one single-family home PROPOSED USE: one residential lot with one single-family home and two vacant lots USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER AREA: Beachfront Neighborhood APPLICATION: Minor Subdivision of Land and Variance PROPOSAL: The applicant requests approval to subdivide one residential lot into three residential lots. If approved, the existing single-family dwelling would remain on Lot 2 of the subdivision. As proposed, a Variance is needed for the width of an ingress/egress/drainage easement and for the setbacks of the existing structure. ANALYSIS: This applicant sought a subdivision of this property in March/April 2012. The request was approved by Planning Commission and City Council,but the owner did not record that plat with Chatham County.Therefore, the property remains one lot of record. For reference, the Minutes of the 2012 Planning Commission and City Council meetings are attached to this Staff Report. The 2014 proposed subdivision configuration for 3 lots differs from what had been approved in 2012. Beginning at Butler Avenue and moving to the east, the 2012 request was for vacant Lot 1 and vacant Lot 2, with Lot 3 containing the existing single-family dwelling. This 2014 request, beginning at Butler Avenue and moving east, proposes a vacant Lot 1,a Lot 2 containing the existing single-family dwelling, and then a vacant Lot 3. If the subdivision now being proposed is approved and recorded each of the 3 lots would meet the minimum lot size of 4,500 square feet for single-family development and the minimum lot size requirement of 6,750 square feet for duplex development. The size of the entire parcel at 1306 Butler Avenue is approximately 33,440 square feet. This proposed subdivision into three Iots would result in the following: Lot 1 11,713 square feet Lot 2 7,727 square feet(includes existing single-family dwelling) Lot 3 14,003 square feet Mr. Benton's property is zoned R-2 and all adjacent parcels are also zoned R-2. The proposed subdivision is consistent the character of the area and with the purpose of the R-2 district as outlined in Section 4-050(C): The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. A 20-foot wide access/drainage easement is required by Section 5-140(F)for vehicular access through Lot 1 to Lots 2 and 3. The proposed plat shows such an easement for vehicles traversing through Lot 1. The proposed easement then narrows to 15-feet on Lot 2. The access further narrows to 11.4-feet as it passes the encroaching single-family structure.The easement then returns to 15-feet in width before ending at the property line between Lot 2 and Lot 3. Proposal of an easement less than 20-feet wide is one of two reasons this request includes a Variance application. 1 A 5-foot pedestrian beach access is shown for Lots 1 and 2 through Lot 3. The existing dwelling on proposed Lot 2 was built in 1898 and it does not conform to the required R-2 setbacks. For this proposed subdivision,the required front(south) setback of 20-feet would not be met as stairs to the existing structure are 11.4-feet from the property line. The 10-foot required rear setback on the north is not met as the rear setback of the existing structure ranges between 4.08-feet and 2.66-feet. The required 10-foot side setbacks (west and east)would be exceeded based on the proposed property lines for Lots 1 and 3. A Variance request is included with this proposed subdivision due to the nonconformity of the existing structure to required setbacks. Future improvement of Lot 1 and Lot 3 would be subject to installation of sewer lines and water lines by the developers. The topographic information and the drainage plans required by Section 5-140(B) and (D) would be mandatory at that time as allowed by Section 5-140(H). The required statement is included on the proposed subdivision plat as General Note number 3. Below is the description from the Comprehensive Plan of the Beachfront Neighborhood Character Area: 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. The table below shows how the proposed minor subdivision fits with the Recommended Development Strategies outlined in the Comprehensive Plan for the Beachfront Neighborhood Community Character Area. Comprehensive Plan Section 1.2.4 Beachfront Neighborhood Recommended Development Strategy Meets 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. Y 3. The City should provide appropriate incentives for historic restoration projects. N/A 4. The pedestrian environment should be enhanced where feasible. Y 5. Old growth trees should be preserved. not known 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 STAFF FINDING Staff finds that the proposed minor subdivision is in keeping with the Land Development Code but is contrary to preservation of large Butler Avenue lots as recommended by the Comprehensive Plan. The future for the old growth trees is not known. The width of the proposed access easement is not in keeping with the requirements of the Land Development Code. The existing structure is currently nonconforming to required setbacks. It would be more nonconforming if this request is granted as the front setback would shift from the west to the south. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Subdivision of Land Application (2 pages) B. Variance Application(2 pages) C. Aerials and easement exhibit from applicant(3 pages) D. Planning Commission &City Council Minutes; March 20 &April 12, 2012(4 pages) E. SAGIS map (1 page}\ ew+6.:1 vet• 3-IS'E•2'4 g1rom C o -v r WIv.2" 3 po_ge5. F. Photographs of existing conditions (2 pages r?wn4; tec. 3•2-o•►4 -p rQv-r �PJ 14°f% (3?"415 G. 2014 proposed subdivision plat (1 page) H. Tree survey as shown on 2012 proposed subdivision plat (1 page) —The proposed lots as shown on this tree survey are not being considered during this 2014 subdivision request. 2 .' y , CITY OF T'YSEE ISLAND &g 4r; SUBDIVISION OF LAND APPLICATION -.....--a y Minor Subcrivisk' ha$125 Applicant's Name -ire`re rl 1�t• €rlk O Via Address and location of subject property , J3c) )- 1 ee N■l _ PIN 4-DO 07 - ©S -DO& Applicant's Telephone Number (12 ) te(o l-CY..^' ' Applicant's Mailing Address .50-] rW.. S+, LA rN.i� O r-Z p, Vees-N rl al-)'Get .31'1.0 Brief desaipton of the land development ectivity and use of the land thereafter to take place on the property: 5ubA l0 [CAee._ \l1+0 '3 L ctA- , �+ (e2.kc1' Lcr 7, t 13t ',L 33 2. i Property ("e e r i e�''s Name.)okra I N.-. 1 JeAA-N-B."B e Telephone Number ( (2-)L4,-7--inG crS' PropertyOwner's Address ce.' C _ , ._ Is Applicant the Property der? ✓Yes No If Applicant is the Property Owner, Proof of Ownership is attached: s If Applicant is other tear. the Property Owner, a signed affidavit from the Property Owner granting the preicant permission to conduct such lard development is attached hereto. Yes Current Zoning of Property Current Use E s►ce r$ i C-4-k el mes and addresses or all adjacent property owners are attached: jYes if within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Apoireant hes made campaign contslbudons aggregating to more than $250 to the Mayor and any member of Counci! or any member of the planning Commission, the Applicant and the Attorney repeasenting the Applicant must CiISCIose the fclioelr e a. The name of the local government official to whom the campaign ooreriibution or gift was made; b. The dollar amount of each campaign ccntr;betion made by the appliant to the local government official durlree the two (2) years immediately preceding the filing of the application for this zoning action, awe the date of each contribution; c. An enemer&Lion and descr tton of each gift having a value of $250 or more made by the Applcant to the io geven:ment official during the two (2) years immediately preceding the Nino of the epo'e-t for is zoning a . on. use re of • • z g ' ibutions form attachment rt hereto: /Yes ki ii AilliddiPPIPP" . d 1 1 l- 19- Signature • . • • "cant Date NOTEe Other specific data is required for each type of Subdivision of Land. �Amo�,nt'.�.__.-�5-- —Check Number. c���..._._,��..-.......a �-� I 4._,-......�.... ....�M..._„�.._m City Official 1 NOTE: This application must be accompanied by following information: 7 V 13 copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. 4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. OhNe, The name(s) of all proposed new street(s) or private drive(s). 13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. The Mayor and Council will not act upon a subdivision until the drai iae a and infrastructure plan has met the approval of the City's engineering consuls nt. The P.ppiicani ce ii s that he/she has read the requirements for Major/Minor Subdivision and has provided the required information to the best of his/her ability in a truthful end honest manner. All new lots stablish-i within subdivisions shall conform to the lot area as set forth in the general provisions for ea - .4 'g distri r and the lot width shall be a minimum of 60 feet at the building line. i MOW /f3/2o let cigrAwn .,,,i1 -fit vat Alipt. CITY OF TYBEE ISLAND Fev ZONING VARIANCE APPLICATION _ NI Commercial $500 ` _` �^ Residential $200 Applicant's Name JO .,rte Z Ittil Address and location of subject property 1 O 6 ,6t.4.,- -Lev- 4 tJ, PIN `i-" 0001`-`D 5 —occi Applicants Telephone Number qf - 6 G —06 qc Applicant's Mailing Address r 7 r rut, . s- • 211;4 _ A ` 4 • I Brief description of the land development activity and use of the land thereafter to take place on the property: .},/Ter)ci cc e_s iv Pub lee e S r 1)3 }a's rl v1,5 1-Notts‹..."ic niiit 3i e.,D7 Explain the hardship exr4 T +rs em se IS Le-cc 7'64:7, caO cf. 1-72or-1 peo ,[ipjc Property Owner's Name Telephone Number S'a w+� Property Owner's Address SG 144 Is Applicant the Property Owner? t/Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Ys 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 atta hereto. Yes Current Zoning of Property R2- Current Use _S 6 t r 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, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant 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 government 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 to the local government official during the two (2) years immediately preceding the filing of the i .tion for this zoning action. Disclosure Ca • pai■ ..ntributions form attachment hereto: ` � I/ Ys )-0 i Signat - - pplicant Date NOTE: Other specific data is required for each type of Variance. G re.8:4- F-, Amount 20 0 Check Number e e r d Date 2 -2 (o—f 4 - City Official _ d��nv..._Q� 0j-. ) 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: peg u larity, 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 that shall he/ be required has read 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. I The she the requirements for Variances and has provided the required l ertifes in ormation, he .-st of his Jxer ability in a truthful and honest manner. "' r Z-6'ii' V Signature f ti Applicant Date r,- . tip r J ....,.. J N cu ....„,k,.. co . . .ifaviii.s. ._,. pt.111 ,:... 4„., ... , r i.4.' i L11 1. ' 1] _IT): * / ' tor/ 14111106tivit. ..::.. l-444 ,y� f� T to '? r / °�'�r t ate.+ C N fr.I .4 +\ (D UU CJ ' 4/1. F�. ? s . L tai i V +� L h _ 4• 4, C 1. t _ f Q 0 Illr Q, !RI * .. . . - a • Ahat I. 0 — - >. _ 4 CO :_ -i . -: t. J , t •,. . ? i di I ' .!-I:. 11111111?)11 . r '..V It i •'' ` i • 1 Lky `� K - '� - �3—IF o ► - ~_ < < M :4, " Q Q Q • `+ f mat r* j '' 1` !1 -f ' t o-w�- cL C U) C)fit co a ' s 4..t. y. . , w 4 m 1a t. z -"11111111111, 8 :i. ,... .1 ....._ F- co ' .. JP, = C 3 01 I 0 •.,.• 9 ils,I4 004 . co co-0 co -0 „ • ,,if, . , .. * , . 4). • a Alp: t ‘I.: - Pa. '''' - • _ . o _ •- , c,) ' '46'.' 1 A - .• # •• fad% : (.0 ' ,.. gr- • to _c es) CO 0 .; ... A . * • '''' 4% 'at i 1.-. - .. U 1. 715 ' 11 •(.‘ . • .. ',ki1011WS;pk- le 112 I . 1.. ' . 1_ _, '•If. • , - • '-, e 1 • ., • 4 o, i i I* ' • ' • • .'• . • i, , .. l ■ it,_.. . • 4 ..k., - ... i * , • f,4 At I, " •. • . „ta, , •,. 1140101i I: *I * :• J■. 'CD• ..c •-• til g E Tu 1,.., .. iiitOr , .. vat I. , • , - 1' ' - ■ - .111 . .., ,. 1 : i • 0 A• • [ 1 .4. .. 4.1.:1 - t.. im• • ' .0 , 'r ,„1.•1 • as t'si CD i'n r-- - 1 ill . - 1 4 \ -44.,if . 1,1 — --.--- . • .", ._ < ... .., _ •-.1` i • .'"1-) ,, lo A p •, -j 1.,2 gilliCrifjd Z IN lie iv 4 .*6 A t; • G. . • CA it a, ..,, k k .ii . '0%.. . ,. - • • -- a- < tr, _ kr. ,„_.... , 6." F 4W V lir , •e- , 4. NNSi Z Q .., .. . ,,..._ • . .... ,...., .. ... . . - IS 4.. • •., • •• . • ... ' bY Ap . , , ... 11tr 7 -7 1 • •!. 44 .' - V i , .0./ 4 ra 0 .- ;IIjilV . - *--1:7141 IN cf) co in J. lit i_e .* ,_tiii .._.,. • •?' '9-4,1 . . — '- •- co -"•••' S ,. 41/... .,..) if ' 7 .. Y 4111#' 4.,.. %.. . .4. 4 . .. lr 1.-CD t• ar .,,, /At.; .... .. „I,. a " • i -0 - 4100 i 1 r•1 i i .A.".., . =A /, _ 4 ..1 -.• . 1 ''' :: ., .';• ' 41,1, -0- ., l':V ' '- ism. - _ . , or I .Ar Nv330 3/11011N R g t, 1 F s. yyI a 0 � ENN 116 3 TL {� N T Q Bdp 7 Vgit 5 CaRCII'fE S''W" I'l G]w l m ^Y I� �1rl3nr uaune r, 0,- < p4 ' 5 ta'26_4i' �' 1 ""� w_ Hx7� saa - 5.3.66~TT ggg R �ryy N B{i'W 1 gg© ^ti �m� i 103 r� 4i LG 0 ) 311X3hr T 601 0 1 °W W �8 �y ~ t o !I U 9 F 1:4 Z O �d �.T i Jad 94' d w ill a r f 03 S a +,; �^ 5t. tyI I, ;;9ee $ /��I W p 0 r•ce a 3NL1 3NDZ 00714- --r 7-�- �l i yL,, ?X ti i i `� � ov z f m '-= N m r'�1 Iii# 1 1-'0' p C'3 a R. • z 9 JS}o Ids. g0 I. �p7�A I$ Qr kqo w00 N� $ V n. yr',,i=" b I° O_g II2 m._" i rz° cc Q„„,,,14,7.15 a 6-i a'z zK< W o I n d a 5g r w ca c vZV Nz 745 u .... w h2 VV Y yy = 4 1 .Y It QZ1-® 1='-'1 'PC' RD ti 1 og ,, ®g �VV. J. 4 I N n Eir,6 via? o2 oo 8 o E'B 'A �a W 3 w� � I WI I cl H A �zPz3Go g g,4," � :"9-Eaga' ' n �z~5BO I' m m d w I6 -.1V44 NgX 5 e2'[G Ifa'u.Ws O N h sBg o N_13r/-L.- I .1 ----' M=Y = @ S1a a2 Bt'91 06 ry RI NI Eg Ys _£� @ g ' z q `g `,z gon ;1 ea �g 0 IQ�8 Fwd a&. ! !1!1 T I `Le g ,s-4,4 v " of. 4. 'ITS.oZ- — - f e d '..'� O M.00ASAli I 9 .£ ' a 3lr 0 Z I® x k 0 1 I I- j. 0' 1 h o R o a o CL I m 2 [y cu N W L a z w x Iq H, 73-.-3 cng \ ix J w o',-- z I x X- ce 1- In Q.et `1 - �3 z W Zo O II O. `e w } ¢ W i Is Wg Q H - 1 I a lm .J.i ag o m I q_ 1— Z U 'bbl 1 n 71 = Qy O as o "!.„ NI N U Na d I f. Tro,oz _' I z ad -I-I■Qy calls \ 1 .5751= f 3.FS,l£9l N J U w +a`s BI.85.1£AL 5� ,sss£L £¢'.N 's'els V: 0 Z m� 0 3 „9S,LC.9L N h w .< p LJ mi ° W W L, i r x L'- mgokf A8 3f1N3RV 2f311(18 } } o a z ire cx :� Qa �- w w w aI.=sav gIa A L. " d �u16F m��' U O cm o 8 MINUTES—Planning Commission Meeting/March 20, 2012 Benton subdivision request only The first order of business is minor subdivision of land,John R. Benton, at 1306 Butler. Ms. Otto stated that the request is a minor subdivision of land at 130 Butler, and zoned R2.The property is owned by John and Joann Benton. Currently, it is a single family home on one lot.This proposal would subdivide into three lots with one of those three containing an existing single family home. Mr. Parks asked the commission for any questions from staff. Mr. Major asked if the proposal is that the easement drive be used as the front setback. Ms. Otto explained that was correct and common.The infrastructure would have to be laid in the travel way.The twenty foot access easement would serve as the 20 foot front set back. Mr. Major questioned the size of a structure for the property. Mr. Levy asked for clarification of the foot print with the easement and setback. Ms. Otto explained the structure would potentially be 23 feet. Ms. Bryan asked how many trees were on the property. Ms Otto stated that she would prefer that the applicant answer as the City does not have a tree survey. Mr. Bishop stated that there are already for sale signs on the property, indicating that the property is already subdivided and questioned if that was the case? Ms. Otto stated that the subdivision had not been approved and required the approval of the Mayor and City Council. Mr. Callahan clarified that the orientation of two new structures would not face Butler, but would face the access road. Ms Otto stated that she thought the front set back would be measured off of the easement,the south property line. Mr. Major asked if lots one and two would still have Butler Avenue addresses. Ms.Otto explained that the current policy is that the addresses would be 1306A, B, and C Butler Avenue.She stated that the City does not add easements as road names. Mr. Callahan asked about the five foot pedestrian beach access, stating that there was no dune crossover. Ms. Otto asked that be addressed with the applicant. Ms. Otto further explained that DNR preferred a trail rather than a structure. Mr. Major asked if the two year old shore protection line was still valid. Ms. Otto explained that it did not have bearing on the subdivision request. Mr. Parks asked that the applicant come to the podium to address the Commission. Mr.John Benton introduced himself. He explained that the lot was originally a 160 feet lot divided into three lots,the property lines on the South. He only wants three subdivisions. He said that there are probably 25 trees and no one would cut them down.The lots are very narrow. Mr. Benton stated that he is not a developer. He plans on retiring and being able to afford living there. He is hoping that one person will buy both of the lots. He is marketing it this way to make it more appetizing to the person that might be buying it. As far as the signs out there,the real estate agent has an asterisk on the listing stating that the subdivision is subject to approval by the City of Tybee. No one is being presumptuous. He stated that he just wanted to get it on the market as soon as he could. Mr. Major asked if it would be possible to deed restrict the sale to protect the beautiful oak trees on the lots. Mr. Benton explained that the worst that would have to be done is to get an arborist in to look at a limb that may have to be trimmed, as it may interfere with someone trying to build. He said that he does not know for sure.The trees are really out of the way. Mr. Major asked if it would interfere with Mr. Benton's view. Mr. Benton explained that he has the beach view. He does not want to disturb the beautiful oak trees.The lots are very narrow. He restated that he is not a developer, and 1 trying to be able to afford to retire there. He said that he only wants single family homes there, not duplexes or condos. Ms. Bryan asked about the easement and trail for beach access. Mr. Benton explained that there is beach access through an agreement with the neighbors,via a wood walk way, not in the best of shape.The plan is just a walk way. He has had DNR there, and they prefer just a trail.There are no plans to disturb the dunes, but to preserve the area. Mr. Parks closed the public hearing as there was no one else from the public that wished to respond to the request. Mr. Parks asked for discussion prior to a motion. Ms. Bryan expressed concern for the trees and cutting of the limbs. She asked if there was any way that it could be deed restricted. Mr. Parks asked Ms. Otto if the tree ordinance would require mitigation of an oak tree. Ms.Otto explained that there is nothing in the tree ordinance that would prevent the removal of a tree. If it is an oak, it is a significant species.There are one of three ways of mitigating, inch for inch replacement of oak trees; paying$50 per inch to the Palms Up fund; placing more than one tree on the property under protection. Mr. Major stated that Mr. Benton indicated that he would be willing to deed restrict the property to protect the trees. Ms. Otto stated that it would be an option. Mr. Parks said that it appeared to be the only option to protect the trees. Ms. Otto stated that the restriction could be in the motion to carry through to Council and Council could put it in, requiring it prior to approval of the subdivision. Mr. Benton does not want this to be a hindrance for selling. Mr. Parks stated that he is not concerned so much for the trimming as for removal. Mr. Bishop asked if deed restriction was by tree or totality of trees. Ms. Otto explained that it is hard without a tree survey. Mr. Bishop asked how it is handled and asked if it couldn't be deed restricted based on significant trees as stated in the ordinance. Ms. Otto stated that deed restrictions will overrule any construction. Mr. Major stated that he knew the applicant was in a hurry, but a tree survey would really be the answer. Ms. Otto said that he was nearly there with the survey and the surveyor could do a tree survey, so that the trees could be seen in the footprint.The survey could be in the motion. Mr.Callahan asked if the City had the authority to require a property owner to make such a deed restriction. Ms. Otto explained that, within the subdivision process, it could be included as a part of the restriction based on trees as approval or denial. Mr. Bishop asked if we had the luxury of a delay or reconsideration of a survey. Ms. Otto said the applicant would have to answer. Mr. Bishop asked Mr. Benton if a tree survey would impede a time frame on sale. Mr. Benton said that there is no buyer. He stated that he does not want trees to go and that he doesn't want to get so deep into it that it will scare a buyer off. Mr. Benton discussed various trees on the lot and whether he would have to pay for a tree survey. Mr. Benton doesn't want to pay the survey to have someone come in and count the trees. He said that he is willing to sign something to state that he won't cut the trees or something like that. Mr. Parks called for a motion. Mr. Major made a motion for approval,subject to deed restriction that would prohibit removal of any of the live oaks on the property. Mr. Parks called for discussion. Mr. Bishop asked which trees, all trees, or those only. 2 Mr. Major withdrew the motion. Mr. Benton asked if it could be a significant live oak, six inches in diameter. Ms. Otto said that water oaks were a significant species. Ms. Bryan stated that she didn't see how we could go forward without a tree survey. Mr. Bishop explained,from a planning perspective, we need to know what trees we are dealing with. Mr. Benton said he is not trying to build. He is confused on it. He isn't trying to build, only to subdivide. Ms. Bryan said the Commission is charged with a master plan, which included protecting the trees and,without a survey, we don't know what we are dealing with. Mr. Benton said, according to ordinance, he can get a permit to cut them down now. Mr. Major discussed the tree ordinance. Mr. Benton further explained that he is only trying to subdivide, not cut trees. Mr. Major said that this was the best opportunity to protect the trees and to protect the applicant. Mr. Bishop asked, without a survey, whether or not the Commission can make a deed restriction on diameters. Ms. Otto explained that a tree survey would tell all information needed for a footprint. Mr. Major asked if the surveys or site plans were required. Mrs.Otto said they were not. Mr. Parks asked for a motion. Ms. Bryan made a motion to deny.There was no second.The motion did not carry. Mr. Major made a motion to move to approve, pass to Council,with a tree survey which would indicate which trees would stay and which would not stay, with the absolute objective of protecting the significant trees with the absolute maximum. Mr. Levy questioned that if this passes and there is a significant tree in the way of building, will this prevent someone from building. Ms. Otto said, with the motion, it will not prevent building, it would just identify trees. Ms. Bryan seconded the motion. Mr. Callahan voted against, all other Commissioners voted to pass.The motion carried. Ms. Otto read the motion:The motion was to approve with recommendation that a tree survey would be provided that would indicate which trees are in the foot print with the objective of protecting the significant trees with the absolute maximum. Mr. Benton expressed his concerns that the motion indicates that he is cutting the trees. Mr. Major explained the motion to Mr. Benton. If approved, it will state which trees can be cut and applicant will be able to move forward. Minutes prepared by Sharon Shaver 3 City Council Minutes/April 12, 2012 Subdivision, John R. Benton, Jr.; 1306 Butler Avenue, Zone R-2. Ms. Otto stated that this was heard at planning commission and they voted 5-1 to approve the petition and if approved it would be contrary to the master plan however the request is to subdivide a lot that runs from Butler Avenue to the ocean which is currently one property into three lots.The current home would remain on one lot and the two others would be made available for other uses,which would be single family residences.John Benton approached mayor and council stating that he purchased the property in January 2012 and it is 623 feet long and 53 feet wide. He plans on retiring at the home. He would like to sell lots#1 and#2. Mayor Buelterman asked of Ms. Otto if the vacant lots would accommodate single family homes but a variance would be required for a duplex. She confirmed. Mayor Buelterman also asked if a new easement would be created. Ms. Otto agreed. Mr. Wolff then asked if the markers are in place. Mr. Benton stated that all four corners have markers. He also has submitted a tree survey as part of his request. He does not plan on cutting any trees. Mr. Garbett did walk the lot that morning and confirmed there is an oak tree on lot#1. On lot#2 the 26"oak is right on the corner and might need to be removed prior to building a new residence. Frank Schuman made a motion to approve. Bill Garbett seconded.Vote was unanimous. Janet LeViner Clerk of Council 1 Dianne Otto From: Dianne Otto Sent: Tuesday, March 18, 2014 9:22 AM To: David McNaughton (mcmaughtond @bellsouth.net); Demery Bishop;John Major;Julie Livingston; Marianne Bramble (mabeachbummett@hotmail.com); Tom Borkowski;Tyler Marion (tyler.marion @gmail.com) Cc: sbentley @bellsouth.net; Michelle Wixon; prm @mccorklejohnson.com; 'Christopher Wixon; 'John Benton'; Bubba Hughes Subject: RE: Upcoming Planning Commission meeting Dear Commissioners—The email below is public input for John Benton's minor subdivision and variance request.This is item 2 on the agenda. I'll read Mr.Wixon's email aloud at tonight's meeting. Dianne Otto, CFM City of Tybee Island Planning & Zoning Manager Office: 912.472.5031 Fax: 912.786.9539 From: Christopher Wixon [mailto:CWixon @savannahvascular.com] Sent: Monday, March 17, 2014 6:32 PM To: Jerris Bryant; Dianne Otto Cc: sbentley @bellsouth.net; Michelle Wixon; prm@ mccorklejohnson.com Subject: Upcoming Planning Commission meeting Ms Bryant/ Ms Otto We briefly spoke one day last week regarding the upcoming discussion on subdivision of the property at 1306 Butler Avenue. I had hoped to attend the meeting Tuesday night, but it seems that I am on call that evening (and many partners out of town for Spring Break). Likewise, although I have recently engaged legal representation in the matter, it seems that they, too, are unable to attend the Tuesday meeting. Nonetheless, I would like to raise the following items for the committee's consideration regarding the proposed variance request: Rights of a private property owner. As an owner of the property immediately adjacent to the proposed driveway variance, we must vehemently object to the proposed subdivision of the property at 1306 Butler Ave. Through conversation with our realtor at the time at which we purchased our property at#8 13th Terrace, we understood that access to the land to the East of the current dwelling was not feasible under current zoning laws. The proposed variance to current zoning law would allow the subdivision of 1306 Butler Ave for the purpose of building new homes upon unoccupied lots. Failure to uphold current zoning standards would disadvantage our property with increases in adjacent home density with resultant noise and dust from traffic flow several feet from our historic home, expedite degeneration of 130 year old building foundations, and would substantially obstruct ocean views from our house. 1 It should not be overlooked that the recent sale price of the home at 1306 reflects the value of a single lot and dwelling. Although we understand that Mr Benton purchased the dwelling with the intention of subdividing the property, the fair market value paid by Mr Benton reflected the value imposed by currently maintained zoning guidelines. Obviously, subdivision would provide significant financial benefit to Mr. Benton, but only at a cost to adjacent homeowners. As such,we contend that the proposed variance would infringe upon our constitutional property rights with the sole purpose of enhancing property valuation of 1306 Butler Avenue at the expense of our property value. Historical Consideration: Property subdivision does not support the developmental strategy of preserving. large historic properties on the beach side of Butler Ave. The property at 1306 Butler is registered by the Department of the Interior on the National Register of Historic Places. The GNAHRGIS states: "Built for Fred A. Davis. Part of a row of summer cottages that make up the Strand, one of two summer resort cottage settlements that developed on Tybee between 1890 and 1923 as a direct result of the construction of the Savannah-Tybee Railroad in 1887 and the construction of Hotel Tybee on the south end of the island in 1891. Each cottage was built in the center of a full oceanfront lot that extended from Butler Avenue to the beach. As the row took shape, a common landscape theme was adopted by each subsequent addition to the settlement. All cottages were built at a substantial setback from the dunes, which provided a grassy expanse (or strand) between the cottages and the beach. A walkway passed in front of the steps of each cottage, connecting the settlement with the resort at Hotel Tybee. This arrangement afforded the owners a spacious and private setting with a somewhat communal aspect when desired. In addition, each house has its own bridle path to the beach that ran off of the walkway. " Furthermore,the property is listed on the National Register of Historic Places as part of the Tybee Strand Cottage historic District, added 1999 --#98000971. Given the historic importance of the house and the property, I have copied the Chair of Tybee's Historic Preservation Committee on this email and ask that this committee weigh in on the impact of the proposal. Likewise, given the impact to the Tybee Strand Cottage Historic District, I have also solicited an opinion from the Georgia Historic Preservation Division (HPD) , Department of Natural Resources (GA SHPO) who oversees HPD functions as part of the national historic preservation program. Through the Section 106 compliance program, the HPD functions as a watchdog, helping to insure the respect our most important historic resources. Through programs like the National Register of Historic Places, Certified Local Governments, and others, they work with partners both inside and outside state government to encourage regional and local planning, neighborhood conservation, downtown revitalization, heritage tourism and archaeological site protection. While it is true that the city of Tybee has allowed subdivision of properties within the Historic District, such decisions should not stand as precedent as it is my understanding that the majority of such decisions were made prior to the 1999 listing of the of the Tybee Strand Cottage Historic District on the National Register of Historic places. As such, continued property division and development in this 2 area would be INCONSISTENT with the existing historical character of the Tybee Strand Cottage Historic District. Housing Density .The subdivision of 1306 Butler does not support the strategic initiative of maintaining low density dwellings in these areas. Environmental impact. Subdivision of 1306 Butler Avenue would almost certainly result in the destruction of old growth trees. Even if deed restrictions prevented removal of old growth trees, construction vehicles, changing traffic patters, and increased traffic will almost certainly disturb fragile root systems in our sandy environment. Subdivision and construction presents a substantial threat to old growth trees. Further,the proposed division of property provides added impervious surface area, increasing risk of stormwater infiltration into a watershed area which depends upon delicate vegetation in order to maintain our vital dune structures. Respectfully Submitted, Chris Wixon #8 13th Terrace Sent from Windows Mail 3 jt]I R7 0, " Rc upcoming Planning Commission meeting-Message{HTML) 1 r-Itssage Adobe PDF a • l fe )C Meeing ,1Done age, ,�;Rwea- _ a �Hnd RECEIVED ,; Team E-naa `/Dane 4170neNote - Related• Flmx• Delete (Reply Reply Forward� Mee - _ Mime tJak Cattgmr¢e Foemw 8mnslate Rll y.*Reply&Delete ,r Create Hew - ADions" unread - Up• K Select— -- 3'•20_ r, Delete Respond Steps Move lags Eddthng Zone Fame cyish wean eLMmnaservamahva�,lar run> • rO v' j r.viz '1C ci el e_..sent: mu 032ai2014 s:w aM Dame Otto 4 Cr'her 'PC t V Q to 4 n,(� C.Sobjeet Re Upcoming Planning Ccmonrsion alerting Piano. After considering your administrative position,it dawned on me that your staff will be tasked with sorting out some of the discrepant data presented on Tuesday's meeting. Georgia Natural,Archaeological,and Historic Resources Geographical Information System (www.GNAHRGIS.org) is a web-based geographical Information system designed to store and display information about Georgia's natural,archaeological,and historic resources.The system went on line on May 4,2095,with information about the state's archaeological and historic resources.This information has been compiled by the Historic Preservation Division of the Department of Natural Resources—Georgia's state historic preservation office—in collaboration with the Georgia Archaeological Site File at the University of Georgia. Property#111R5 is the property of interest at 1306 Sutler Ave. Respectfully, Chris Wixon Sent from Windows Mail From:Chretopher Wixon Sent Wednesday,Mardi 19,20147:19 PM To:Dianne Otto Diane, GNAHRGIS Public x _ _ C A L` www.gnahrgis.org Apps 0 AT&T-Login j City of Tybee Island... r t Municode SAGIS Welcome Q Dictionary and Thes... '& Resource&Docum... ii Georgia Secretary of... 0 Staples Advantage - GNAHRGIS Welcome to GNAHRGIS 5-sa'crl In Res-Juice • k Welcome History Disclaimer Users&Surveys Editing Welcome to GNAHRGIS:Georgia's Natural.Archaeological,and Historic Resources GIS. GNAHRGIS is an interactive Web-based registry and geographical information system designed to catalog information about the natural.archaeological,and historic resources of Georgia. GNAHRGIS contains information about Georgia's archaeological.natural and historic resources.In the GNAHRGIS system."archaeological resources"means archaeological sites recorded in the Georgia Archaeological Site File."Historic resources"includes buildings,structures.historic sites,landscapes.and districts included in the Historic Preservation Division's Historic Resources Survey or listed in the National Register of Historic Places. This information has been compiled by the Historic Preservation Division of the Department of Natural Resources—Georgia's state historic preservation office—in ?: collaboration with the Georgia Archaeological Site File at the University of Georgia. By using GNAHRGIS.you agree that you have read and understand the disclaimer regarding its use and limitations. I agree , • • Jacksonville ort ID: 11185 Longitude: 31.997914092136 Latitude: -80.847691413971 County: Chatham Form Prepared By: Date of field survey: 2000-01-01 Name surveyor: Quatrefoil Conslt, R.Ciucevich Basic Resource Information: Resource Address: 1306 Butler Avenue,Tybee Island Strand Cottages Historic District wkid: 26717 Zip Code: 31328 y_coord: 3540027 x_coord: 514387 Resource Name: Davis-Lindsay Cottage-Strand Cottage City/Community: Tybee Island Date of Construction: Year: 1899 Facade Symmetry and Front Door: Facade Symmetry: Asymmetric Surrounding Environment: Description: Seasonal,coastal environment. History of the Resource: Description: Built for Fred A. Davis. Part of a row of summer cottages that make up the Strand, one of two summer resort cottage settlements that developed on Tybee between 1890 and 1923 as a direct result of the construction of the Savannah-Tybee Railroad in 1887 and the construction of Hotel Tybee on the south end of the island in 1891. Each cottage was built in the center of a full oceanfront lot that extended from Butler Avenue to the beach.As the row took shape,a common landscape theme was adopted by each subsequent addition to the settlement.All cottages were built at a substantial setback from the dunes,which provided a grassy expanse (or strand) between the cottages and the beach.A walkway passed in front of the steps of each cottage, connecting the settlement with the resort at Hotel Tybee.This arrangement afforded the owners a spacious and private setting with a somewhat communal aspect when desired. In addition, each house has its own bridle path to the beach that ran off of the walkway. Architect/Engineer/Designer/Builder: Architect/Builder: Architect Architect/Builder: Builder Additional Physical Description: Description: Outstanding Strand Cottage-one of the few Strand Cottage's that retains its full oceanfront lot. Appears to have been raised a full story to accomodate auto storage-an historic alteration (not extant on 1916 Sanborn Map, extant on 1955 SBM) influenced by the proliferation of raised Tybee cottages on the island following the completion of Tybee Road in 1923. Exhibits a long, rectangular mass with main living quarters and wrap-around porch raised a 1/2 story(originally) on trussed wood piers with ground level (or basement)featuring servants quarters and changing rooms (for ocean bathing).Cast concrete coping along perimeter of ground level -forms foundation for trussed wood piers (probably added when building raised a full story). Changing rooms located along north side of ground level,servants quarters located in northwest corner of the ground level under main cottage and rear ell (raised,full width gable ell off rear-possibly original). Porch wraps around from the partial width gable ell on the facade and extends the length of the south side. Rooms located on the south side of the building open onto the porch through 2/4 floorlength windows -each room has a separate door with two-light transom (probably bedrooms). Good integrity. 1306 Butler Ave. +r I _ _ -; -.4-__ -� ` r Ir + F 1G•„.. „ --.___.._ ---_ _...,_ I -----------/ i..... 4i' ____ 1.,,s-,. --71 . _ .____ • u ET9 }�I - . .. //1 ■ r+ rT -, r' • = e= t r,. r _ _ 3-I- 13 : 58 : .- •. 1 1y z.. ;'��, 2 _ _ . .Z s i ` • 1:,. % _. • • .iii ; =. 8: _ -9.� - - ;i I III',. '., = '• --— '-'-- --'..'' '''''i4li'.,::;,:7,.°54:::ii, _ V. s_ 1.I rEgG • • Pahr-' •fr ��— _ _ . ._fir • 'r "• • • ae - \ _ II . : : 11lln1 l 1 1.1 :,1 lit ,. VS . ...111111010S • r 'fir-. . - . v a. it0,, , ,A',,.,%,_ . - :v -_„ - _.. ,,,, , . .,,,o.. 03 . 09. 21 ~ 14 :00 4-- .y.,,, . ..r . T,,,:.. a h ■ , le' if, ' r • tt 1 r' :1;11 • 1! Ilikk ...._ ,- 03 .09 . 2014 14 :01 -