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HomeMy Public PortalAbout110_040_8 T S Chu Terr 1of2 MAYOR CITY MANAGER Jason Buelterman , Diane Schleicher CITY COUNCIL *11" CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown , Rob Callahan CITY ATTORNEY Bill Garbett i , 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: April 10, 2014 Item: Public Hearing Explanation: Variance—8 T.S. Chu Terr.; zone C-1; 8 T.S. Chu, LLC, petitioner; consideration of setback, greenspace, and driveway width 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: 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 A 14 Ethics If www.cityoftybee.org �a1j B 4.1-�� PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: 8 T.S. Chu, LLC Project Name/Description: 8 T.S. Chu Terrace 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 - Absent Borkowski Bramble Livingston SEE BELOW Absent Major Marion Chair McNaughton The Planning Commission recommends: n Approval ® Denial n Continued Greenspace — McNaughton made motion to approve/Bramble seconded (3-2) [Bramble and McNaughton approved/Major, Borkowski, and Marion denied] Ramp — Borkowski made motion to deny/Ma'or seconded (3-1) [Borkowski, Major, McNaughton approved/Bramble denied] Driveway Width . Major ma' motion to deny/Borkowski seconded (3-1) [Borkowski, Major, McNaughton approved/Br. •le denied Planning Commission Chair: Date: 7 1 5 ° (y Aar Planning& Zoning Manager: TIM 'j Date: 3 -k cf -\ '4 STAFF REP ORT PLANNING COMMISSION MEETING: March 18, 2014 CITY COUNCIL MEETING: April 10, 2014 rAlfK.lw'° LOCATION: 8 T.S. Chu Terr. PIN: 4-0009-03-012 APPLICANT: William Navon OWNER: 8 T.S. Chu, LLC EXISTING USE: 5-unit residential PROPOSED USE: same ZONING: C-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: 17th Street Neighborhood APPLICATION: Variance PROPOSAL: The applicant is requesting Variances for a required setback,for greenspace,and for driveway width. ANALYSIS: The general character of the area around 8 T.S. Chu Terrace is densely developed residential with a mix of single-family and multi-unit structures. The subject property was purchased by the current owners in September of 2012. Permits obtained by the current owners are as follows: • 13-0003—discovery/tearout only; issued 01/02/13 • 13-0250—major renovation; issued 04/17/13 • 13-0633—fire sprinkler; issued 10/10/13 • 13-0648—fence; issued 10/15/13 • 13-0799—fire alarm; issued 12/18/13 f 71r il� �� .r • 13-0810—parking area; issued 12/20/13 "° -- The structure does not conform to the required design ::: flood elevation.The costs of improvements to the structure were not tracked against its value due to the - I MI l g _ pending inclusion of the structure on the National Historic -- Registry. 11 P .. The adjacent photograph dated 06/08/2007 was copied from the 2013 Chatham County Property Record Card.Note a driveway onto the property is not shown. Attached to this Report are photos of current site conditions. Each of the Variance requests will be discussed below. SETBACK The building renovation under permit 13-0250 required the structure be ADA accessible.A ramp was installed at the front of the building.To increase parking capacity at the site, the applicant now seeks to relocate the ADA ramp to the west side of the structure.The required side setback for this property is 10-feet [Section 3-090(B); zone C- 1(C)1. The building is setback from the west property line between 7.9-and 8.4-feet. The request to install the ramp in this side setback will increase the nonconformity to the required setback. GREENSPACE Staff received a request to review a proposal to install a parking area at the property.The response by Staff to the inquiry was to calculation the total square footage of the setbacks, and the square footage for 65% of the setbacks. Section 3-165 requires vegetation of 65% of the setbacks.The setbacks total 3201 square feet.The 65%© calculation is 2,081 square feet which is the amount of the setbacks that needed to be vegetated. The contractor submitted a 1 plan that provided 2,094 square feet of greenspace.The application was approved and permit 13-0810 was issued. Removal of rock from portions of the setbacks was needed to offset installation of a 60 by 20-foot parking area. The applicant now seeks a Variance to reduce the required greenspace to 54%. Relocation of the ADA ramp to the side setback and expansion of the front parking area would reduce the percentage of greenspace. DRIVEWAY WIDTH Permit 13-0810 for installation of a parking area was based on approval of a plan prepared by the contractor. The plan met the greenspace requirement and it met the 25-foot driveway width restriction of Section 3-080(C)(1). The applicant now returns with a revised plan that would expand the 20-foot depth of the parking area to 48-feet. If granted, the pavers would extend to the pavement of the street. The proposed driveway would be contrary to Sections 3-080(C)(1): (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. The C-1 Zoning District is outlined in Section 4-050(E): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. The 2008 Comprehensive Plan placed the 8 T.S. Chu Terrace dwelling in the 17th Street Neighborhood Character Area. This Character Area is defined by a dense mix of residential uses that includes single-family, multi-family, and vacation rentals. The area is mainly defined by its proximity to the Strand, beach, and pier. There is a high ratio of rental property and seasonal residents in this neighborhood[Section 1.2.12]. As outlined below, the proposed project does meet some of the applicable Recommended Development Strategies. Comprehensive Plan Section 1.2.12 Meets Strategy 17th Street 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 Future development and redevelopment should be very pedestrian-oriented with safe N connections to adjacent neighborhoods and commercial areas. This area is appropriate for residential development that contains a mix of densities and 3. housing options (i.e. multi-family homes, townhouses, condos, apartments, year round Y rentals, etc.). 4. Mixed uses should be encouraged to provide for the daily needs of residents and tourists. N 5 All commercial uses should be low-intensity uses, consistent with the existing character N/A of the neighborhood. Uses and zoning within this area should provide a "transition" from South End 6' Neighborhood to the SDHBC (The Strand Downtown Historic Business District). Y 2 STAFF FINDING: Relocation of an existing ADA ramp into a building setback further increases the nonconformity to the required 10-foot setback.A site development plan that satisfied the requirement for vegetation of 65% of the setbacks was issued a permit in December 2013. The request to reduce to 54% greenspace is not in compliance with the Land Development Code. Staff finds the request to connect the 60-foot wide parking area to the street pavement would result in a driveway opening not in keeping with the 25-foot width restriction. The project does not meet two of the applicable Recommended Development Strategies of the Comprehensive Plan. T.S. Chu Terrace is narrow, lacks road shoulders, and has no sidewalks. For public safety reasons a nonconforming driveway is not desirable. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Variance application(2 pages) B. Survey, dated 02/15/2013 (1 page) C. SAGIS map (1 page) D. Email in response to parking area inquiry, dated 12/11/2013 (1 page) E. Approved greenspace plan for permit 13-0810, issued 11/04/2013 (1 page) F. Photographs of existing conditions, 09/09/2014 (2 pages) G. Greenspace calculations by Staff for permit 13-0810(1 page) H. Proposed site plan from applicant for Variance application(1 page) 3 Site Plan Fee e,,, Commercial $500 CITY OF TYBEE ISLAND Residential $250 1"' SITE PLAN APPROVAL WITH VARIANCE APPLICATION , ' variance Fee *1; / Commercial $500 ,�r� Applicant's Name ? 73 ( J/1,f L LC /if-ill/I-It� 4 4 (10 it/ Residential $200 Address and location of subject property 75 Chu /z°! A eriee. i ia , 3/3zt PIN 11— 6 — b3- of c.- Applicant's Telephone Number 91/;— 7Z -96 Applicant's Mailing Address 44)O80X e-/-97 e .r/4i, 64 3/3- Brief description of the land development activity and use of the land thereafter to take place on the property: 5 tin;-, 4P�1-,Q-m e,d 3 — //1)-e4--&,4 I' -E Lf Explain the requested variance . /: V ' ' l ',c 1v !0 'r` 'r ''1i - �f�f}r C r 4 Explain the hardship Property Owner's Name lj)f //,,4 /V/41/0I1 Telephone Number 9/9 - 7 ‘ - 5 ,' Property Owner's Address // ( L"ec., )f 5 ke . 7 t y Ae _ -,1/ O.4 3/3d e Is Applicant the Property Owner? )(. 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 the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property c.._ \ Current Use Be RC h 13U,Si ne3 S 2cK\i rn Qi r2-aL- 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 des9-iption of each gift having a value of $250 or more made by the Applicant to the local governmen�fficial during the two (2) years immediately preceding the filing of the application for this -oning action. Disclosure of mpai rfContributi m attachment hereto: Yes 3 3 IF Signatur of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. Fee Amount DO Check Number 00\k 0 2 Date J -3-i4-(-- City Official C 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) Narrative describing the hardship and the reason for the variance request. Explain the hardship: 5-040 (D) (3) 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 required information to th best of i,5%her ability i truthful and honest manner. — (-1- Signature o Applicant Date 5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by the mayor and council. z 0 c 7 '4 vi CO al +t)a a aEa 0 d'x QL �i a z i. E■POW] I ....1-- 0..O O 0 B Nr59./211 49.922''��_' �. G V/ � 1 G ca ,o-ac I IJ iN f ffi I II -'. _ F Ill N C n 3 in 2 Is x o rl a1 g • 1-$ U 1 F�+! E I 0. 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J ------_--.,-1 1 -y �r J J y'7----- + i 7.-__: r _ _ ` 1' 7 '� fry r Ir Z :-:-.':-;:i4,---------r'1 � ^:4fj7�,� tF /�`.- I14 4t '�$ _.� r -"•k f L `� \ 1 1 ''-i__ 1 t+ r ---?- off (fftt Dianne Otto From: Dianne Otto Sent: Wednesday, December 11, 2013 10:28 AM To: DOYLELANDSCAPING @BELLSOUTH.N ET Subject: 8 T S Chu Attachments: Untitled_20131211_094316_001.pdf Kimberly, Attached is the plat for 8 T S Chu with calculations of the square footage of the setbacks.As discussed,the allowance for a driveway from the pavement of the street to the property line is 25-feet, or two openings that total 25-feet.You will need to design the site to end up with 2,080.6 square feet of the setbacks being greenspace. As you mentioned, removal of rock will be needed.The definition of greenspace is: Sec. 3-165. Greenspace. In all zoning districts, 65 percent of the designated setback area of a lot shall remain in a vegetative state.This greenspace requirement shall require that at least 65 percent of the required setback area for a parcel remain in a natural vegetative state, and is not to be reduced by setback area averaging or variances granted so that the square footage required is calculated without regard to the averaging or a variance granted. To meet the greenspace requirement,focus only on the setbacks. It won't matter what you do to the areas not in the setbacks. For example,you won't get any credit for the 5-foot planter area you described up next to the building because it isn't in a setback.Well, a tiny bit will be on the left end. Obviously the block building on the back and the sides of the building that protrude into setbacks count against the 65%. Please provide a detailed plan showing the various areas in the setbacks to be vegetation.They need to add up to 2,080.6 square feet. If you need additional guidance please let me know. Good luck! Dianne K.Otto,CFM City of Tybee Island Planning&Zoning Manager phone 912.472.5031 fax 912.786.9539 Original Message From:Administrator Sent:Wednesday, December 11, 2013 9:34 AM To: Dianne Otto Subject: Scan from a Samsung MFP Document sent to you using a Samsung MFP 1 o, _____. . • ___ _ . ____ .,•. • , , . L ` 1/4' {,s 'tom - - A •li I y \ ! ■ (' , t Y 4, ■ b k. k. i a ■ * yy 9 - . - i ` _ a1 f ■ t --` ` \ -j ! \i _\ •—fly F� Vim\ — -.- v `' yy� y c_ cSs S • nk,.. .. , lifill1=1■" migml ..„— "--.1_,,i MiljaM■rii■■IMI =01:Mg WiNVIRtISEIRW. ", , _ "WaWIMMIIIMI Ni■IMM=r =INCIIMIll'aMe - -,.. • '•- ':.;''. :--i'CA4 . 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