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HomeMy Public PortalAbout07-0542 SimsDianne Otto $.1) nom - os�Z From: Sent: To: Cc: Subject: davisenginc @bellsouth.net Thursday, March 06, 2008 1:25 PM Brannyn G. Allen Dianne Otto 12 Terressa Lane 207034 RECEIVED rig -cxa-O When I visited this site with Brannyn I found the bulkhead installation appeared to be in substantial accordance with the layout on the approved plan. When the approved drainage plan is implemented following building construction, there should be no issues regarding the bulkhead. Downer \-Q5A-\Se<e/v\e)./32A- 1 MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tem Charlie R. Brewer Barry Brown Eddie Crone Dick Smith Paul Wolff February 27, 2008 Steve and Judy Sims 3743 North Bank Rd. Millersport, OH 43046 Dear Mr. and Mrs. Sims: CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CITY CLERK Vivian Woods CITY ATTORNEY Edward M. Hughes „._)) y Based on review of the documents available in the file, including minutes from the Tybee Island City Council meetings, I determined that the variance approval stands even though more than one year has passed since the approval. This determination is based on the fact that the variance was approved by City Council on June 8, 2006 and the application for bulkhead approval began on May 15, 2007 (less than one year from the variance approval date). The DNR approval letter was issued on November 26, 2007, and the bulkhead permit from the City of Tybee Island was issued on December 24, 2007. To date, the bulkhead has not been inspected by the City of Tybee Island. Building plans must be received by May 15, 2008 to avoid further action. Si Bra nLen anning, Zoning & Economic Development Director P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (866) 786 -4573 — FAX (866) 786 -5737 www.cityoftybee.org Memo To: File From: Brannyn Alle CC: Dianne Otto Date: February 26, 2008 Re: 12 Teresa Lane — Variance Request City of Tybee Island Based on review of the documents available in the file, including minutes from the Tybee Island City Council meetings, I determined that the variance approval stands even though more than one year has passed since the approval. This determination is based on the fact that the variance was approved by City Council on June 8, 2006 and an application for bulkhead approval began on May 15, 2007 (less than one year from the variance approval date). The DNR approval letter was issued on November 26, 2007, and the Bulkhead Permit from the City of Tybee Island was issued on December 24, 2007. It should be noted that the contractor was informed that silt fence must be installed during construction; however, a request for a silt fence inspection was never received by the City. When the contractor contacted the City Marshal, he (the contractor) was told the silt fence was not necessary for this project. Further research will be conducted to ascertain the City Marshal's reason for waiving soil and erosion control procedures (that are included as part of the bulkhead construction plans) on a project within 200' of state waters. To date, the bulkhead has not been inspected by the City of Tybee Island. Building plans must be received by May 15, 2008 to avoid further action. 1 CITY OF TYBEE ISLAND BUILDING PERMIT DATE ISSUED: 12 -24 -2007 PERMIT #: 070542 WORK DESCRIPTION: WORK LOCATION: BULKHEAD 12 TERESA LN OWNER NAME STEVE SIMS ADDRESS 3743 NORTH BANK RD CITY, ST, ZIP MILLERSPORT OH 43046 PHONE NUMBER CONTRACTOR NAME JACOBS BUILDERS INC ADDRESS P 0 BOX 1150 CITY STATE ZIP RICHMOND HILL GA 31324 FLOOD ZONE BUILDING VALUATION SQUARE FOOTAGE OCCUPANCY TYPE P TOTAL FEE'S CHARGED $ 55.00 PROPERTY IDENTIFICATION # PROJECT VALUATION $5,000.00 TOTAL BALANCE DUE: $ 55.00 It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, fire, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 786 -4573 - FAX (912) 786 -5737 www.cityoftybee.org CITY OF TYBEE ISLAND, GEORGIA APPLICATION FOR BUILDING PERMIT 12 T re-sa- Location: L��" 12 hl:A—il�ia_li_ NAME PIN # Owner Architect or Engineer PIA Building Contractor .')S L:2j ,,,t---. P.-= ;F (I5 e (c,. :r.5.. 4 L"--,6k (Atli-Li-3113 -\( (Check all that apply) ❑ Repair ❑ Renovation ❑ Minor Addition ❑ Substantial Addition • Other ❑ Residential ❑ Single Family ❑ Duplex ❑ Multi - Family ❑ Commercial ❑ Footprint Changes ❑ Discovery ❑ Demolition Details of Project: cam, yS-fZ 3» %' 4-1=6 Estimated Cost of Construction: $ fir. - _)c., Construction Type C..., (Enter appropriate number) (1) Wood Frame (4) Masonry (6) Other (please specify) (2) Wood & Masonry (5) Steel & Masonry (3) Brick Veneer Proposed use: 3-A.:Y.Ak-1 0 Remarks: ATTACH A COPY OF THE CERTIFIED ELEVATION SURVEY OF LOT and complete the following information based on the construction drawings and site plan: # Units Lot Area # Off - street parking spaces Trees located & listed on site plan Access: Driveway (ft.) Setbacks: Front # Bedroo Liv g .pa a al sq. # Bathrooms With swale? Sides (L) (R) # Stories Height Vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators, and similar appurtances. FEES Permit Inspections /5" Water Tap Sewer Stub Aid to Const. TOTAL �S ^� During construction: On -site restroom facilities will be provided through On -site waste and debris containers will be provided by Construction debris will be disposed by T d.:.14 S JJ;a by means of I understand that I must comply with zoning, flood damage control, building, fire, shore protections and wetlands ordinances, FEMA regulations and all applicable codes and regulations. I understand that the lot must be staked out and that the stakes will be inspected to ensure that the setback requirements are met. I understand also that a certified plot plan showing elevation must be attached to this application and that an as -built elevation certification is due as soon as the habitable floor level is established. Drainage: I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Date: +4/ tl Signature of Applicant: L) Note: A permit normally takes 7 to 10 days to process. The following is to be completed by City personnel: Zoning certification Approved rezoning/variance? Street address and number: New Is it in compliance with City map? If not, has street name and /or number been reported to MPC? NFIP Flood Zone Existing FEMA Certification attached State Energy Code Affidavit attached Utilities and Public Works: Describe any unusual finding(s) Access to building site Distance to water main tap site Distance to sewer stub site Water meter size Storm drainage Approvals: Zoning Administrator Code Enforcement Officer Water /Sewer Storm/Drainage Inspections City Manager Xl D Al2 <<e tti.c ✓ o Pe , L44e4e. S. Date /Z-,o- Gee °qia Department of Matural Resources 2 Martin Luther King, Jr. Drive, S.E., Suite 1152 Ear. rower, Atlanta, Georgia 30334 -9000 Noel Holcomb, Commissioner Carol A. Couch, Ph.D., Director Environmental Protection Division 404/656 -4713 November 26, 2007 Mr. Steve Sims 3743 North Bank Road Millersport, Ohio 43046 Re: Request for Variance under Provisions of 0: C. G:A. 12- 7- 6(b)(15) Sims Bulkhead City of Tybee Island Dear Mr. Sims: The Georgia Environmental Protection Division's Watershed Protection Branch has reviewed your stream buffer variance request for the above referenced project. The review was conducted to consider the potential impact of the proposed project's encroachment on State waters within the context of the Georgia Erosion and Sedimentation Act. Pursuant to DNR Rule 391- 3- 7.05(2)(a), authorization is hereby granted to encroach within the 25 -foot buffer adjacent to State waters for the above referenced project subject to the following conditions: 1. As per your application dated May 15, 2007; 2. All graded slopes 3:1 or greater must be hydroseeded and covered with Georgia DOT approved wheat straw, wood fiber matting or coconut fiber matting. If not hydroseeded, Georgia DOT approved matting that has been incorporated with seed and fertilizer must be used. All slopes must be properly protected until a permanent vegetative stand is established; 3. The amount of land cleared during construction must be kept to a minimum; 4. All disturbed areas must be seeded, fertilized and mulched as soon as the final grade is achieved. Also, these disturbed areas must be protected until permanent vegetation is established; 5. Georgia DOT type "C" silt fence must be installed where silt fencing is required on the entire site and a double row must be installed between the land disturbing activities and State waters; Mr. Steve Sims Page 2 November 26, 2007 6. Buffer variance conditions must be incorporated into any Land Disturbing Activity Permit which may be issued by the City of Tybee Island for this project; and 7 This project must be conducted in strict adherence to the approved erosion and sedimentation control plan and any Land Disturbing Activity Permit that may be issued by the City of Tybee Island for this project. The granting of this approval__does not relieve you of any obligation or responsibility for complying with the provisions of any other law or regulations of any federal, local or additional State authority, nor does it obligate any of the aforementioned to permit this project if they do not concur with its concept of development/control. As a delegated "Issuing Authority," the City of Tybee Island is expected to ensure that the stream buffer variance requirements are met for this project and is empowered to be more restrictive in this regard. If you have any questions concerning this letter, please contact Michael Berry, Erosion and Sedimentation Control Unit, NonPoint Source Program, at (404) 675 -1626. Sincerely, L3 (h 1A:4 .'A'X:: Carol A. Couch, Ph.D. Director CAC:mbk cc: Honorable Jason Buelterman Ron Jacobs Stuart Sligh Darrell Crosby Matt Thomas Tom Joyner Keith Parsons File: BV- 025 -07 -05 May 15, 2007 Erosion & Sedimentation Control Unit Environmental Protection Division 4220 International Parkway Suite 101 Atlanta, GA 30354 Subject: Request for Variance under Provisions of O.C.G.A. 12- 7- 6(b)(15) Sims Bulkhead To Whom it may concern: The following is an application for a vegetative buffer encroachment from Mr. Steve Sims on his property (lot #12 North Wave subdivision on Tybee Island). This buffer encroachment is required to construct a wooden bulkhead. This bulkhead was a recommendation and condition for an approved single family home to be constructed on the same piece of property. Mr. Sims has approval for construction of his home from the City of Tybee Island and from GADNR (copies of approvals enclosed). All appropriate measures will be taken to minimally impact the marsh buffer and all appropriate steps will be used to control sediment run -off during the construction process. Please find the enclosed supporting documentation for your review of this application. Any questions can be directed to Ron Jacobs at 912-727-3770 or to Steve Sims at 740 - 974 -5278. Your timely review of this application is greatly appreciated. Sincerely, Ron Jacobs Jacobs Builders, Inc. GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION APPLICATION FOR A 25 FOOT VEGETATIVE BUFFER ENCROACHMENT [Required to conduct Land Disturbing Activities within state mandated 25 foot stream buffer in accordance with the Erosion and Sedimentation Act of 1975, as amended, O.C.G.A. 12- 7- 6(b)(15).} MAIL COMPLETED APPLICATION TO: Erosion & Sedimentation Control Unit Environmental Protection Division 4220 International Parkway Suite 101 Atlanta, GA 30354 Telephone: (404) 675 -6240 ,j Owner's Name:(Person) 6`(.- S.'aS Telephone: ((41Y °i/4.. -5Zi3 Company Name: JAc,S 5.:+t Address: PD f r Sb (_tip 1(A 31314- Contact Person: 12-o4 i a(_o3S Project Name: S t S Type of Project of- Basis under which variance shall be considered {391 -3 -7.05 (2)(A -J) }: A Location of Project City or County (not both): "i-4 &- - I )D Detailed Directions to Project US AAA, i Tn i `1& t9-A/30 u 3`) ?1+ t i tZ 1S Ls- z. iCC h` Telephone: Oil) 111 -c-1-10 Total Project Disturbed Acres: J C,7-- (Attach Location Map and USGS Quad Sheet) Name of Stream(s) involved: AAVLJ+J (22, � L- (NOTE: If unnamed, indicate the stream that this tributary flows into). Calculation of the total area of buffer disturbance: ■ y (square feet) 43t Calculation of the total linear feet of buffer disturbance: Signature: Date: J, 5 /i-1 EXHIBIT (b) May 15, 2007 Sims Project - Lot #12 Northwave Subdivision - Tybee Island Proposed Bulkhead PHYSICAL PROPERTY DESCRIPTION The subject property is generally flat with elevation changes ranging from 5.1' to 7.7' above MSL according to the attached survey by J. Whitley Reynolds dated 1/26 /04 EXHIBIT (a). In general the slope is from the front of the property at Teresa Lane toward the rear. Plant species include wax myrtle (Myrica cerifera), eastern red cedar (Juniperus virginiana), rag weed (Ambrosia spp.), and St Augustine grass (Stenotaphnun secundatum). LOT 13 GA DNR JD LINE FLAGGED BY ANN 2004. • THRAN JANUARY 20, co '' h q�y4�� +r te 6 �/ LOTI1? .. c. v 42 bRz'sA NE 40' R /w� 51.844. • - �R�95 -00' D. S 23 °24'32 "E 10.70'v 5/8" RBS CATV o 5/8" RBS EL C_BOX 10' BSL N 23 °23'59 "W 110.00' �• -X�X- 1 1" IP4ia- CO CO 61 PLAT OF LOT 12, NORTH WAVE SUBDIVISION, PHASE 1, BAY WARD, TYBEE ISLAND, CHATHAM' COUNTY, GEO 'qtr._ FOR: STEVE SIMS ACCORDING TO THE F.LR.M. DATED 6/17/86 THIS LOT IS WITHIN FLOOD ZONE V -9. BEE 14. J. WHITLEY REYNOLDS LAND SURVEYOR 636 STEPHENSON AVENUE SUITE C SAVANNAH, GEORGIA 31405 TELEPHONE, P 12- 352 -O4 64 FAX: 912 -352 -7787 FEB (I 1 4 BY: REVISED JANUARY 26. 2004 TO SHOW DNR JD LINE. EQUIPMENT: TOPCON AP -L1A ERROR OF CLOSURE: LINEAR: 1/- ANG: -"ANGLE B... CEDBY: - PLAT: 1/ 89,100 0 20 SCALE: 1" = 20' DATE: DECEMBER 1, 2003 SURVEY DATE: DECEMDER 2, 2000 PLAT FILE NO. 03 -200 EXHIiBIT (d) May 15, 2007 Sims Project - Proposed Bulkhead PROJECT DESCRIPTION The proposed project is construction of a treated wooden bulkhead along the established DNR Marsh Line as delineated on attached Exhibit (a). It is desired that the proposed bulkhead tie into the existing wooden bulkheads on each adjoining property. An attached sketch detailing materials to be used is attached Exhibit (k). Buffer disturbance will be limited to the area as defined on attached Exhibit O. This disturbance area is required for access of installation equipment and personnel. It is anticipated that the installation of the bulkhead will take no longer than 30 days to complete. P.Q. Box 2'. - 403 Butler Avenue, Tybee Island, Geo• 31328 -2749 (866) 786 -4573 - FAX (866) 786 -5737 www_city.._ jbee.org At a Public Hearing on June 8, 2006, the Mayor and Council of the City of Tybee Island determined that the findings required by the Code of Ordinances for the granting of a Zoning Variance had been met. Property number 4- 0022 -01 -031 at Lot 12 North Wave Subdivision is hereby granted: 5 foot front setback variance and 15 foot rear buffer setback variance for new single family residence. No other Variances are permitted for this property without further application. Owner Zoning Administrator zte/604— M "(2/Ai C- CPCA-s) Clerk of Council Date Date 6// Date ti Date MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tern Eddie Crone Wanda Doyle Mallory Pearce Kathryn Williams Paul Wolff :ay. e'-+ i CITY MANAGER :� /Aj! Diane ScWeicher J 4 4. r CITY CLERK ,,, Vivian Woods �t1k�Tit 4Y.i1ti, ` CITY OF TYBEE ISLAND June 9. 2006 CITY ATTORNEY Edward M. Hughes To Whom It May Concern: I have reviewed the proposed plans for Steve and Judy Sims for Lot 12 Northwaves Subdivision. The plans meet all of the zoning requirements of the City of Tybee Island. A variance was granted by the Tybee Island City Council on June 8, 2006 to allow a variance to build 15 feet into the 25 foot marsh buffer. If I can be of any further assistance on this matter please feel free to contact me at (912)786 -4573 ext. 107 or email at dnderson@cityoftybee.org. jj,-J l tJA )» Donald Anderson Zoning Administrator, City of Tybee Island Reply To: NonPoint Source Program 404/675 -6240 FAX: 404/675 -6245 rstomia Department of Natural Resources Environmental Protection D+ .on, Watershed Protection Branch 4220 International Parkway, Suite 101, Atlanta, Georgia 30354 Linda MacGregor, P.E., Branch Chief 404/675 -6232 September 7, 2006 Mr. Steve Sims 3743 North Bank Road Millersport, Ohio 43046 -9007 RE: Request for Variance under Provisions of O.C.G.A. 12 -7 -6(15) Sims Residence Tybee Island File: BV- 025 -06 -03 Dear Ms. Sims: Attached is a copy of the Environmental Protection Division's public advisory for the subject project. The purpose of this public advisory is to provide interested parties with the opportunity to submit comments about the proposed stream buffer variance. In accordance with the Georgia Department of Natural Resources (DNR) regulations, the applicant must publish a separate legal notice in the local newspaper after receiving this notification from the Environmental Protection Division (EPD). The applicant's legal notice should contain the following information: A description of the proposed buffer encroachment; The location of the project; Where the public can review site plans; and Written comments should be submitted to the Program Manager, NonPoint Source Program, Erosion and Sedimentation Control Unit, 4220 International Parkway, Suite 101, Atlanta, Georgia 30354. Please do not copy and publish the attached EPD public advisory as the applicant's legal notice. The public must have 30 days from the date of publication of the legal notice in the local newspaper to comment on a stream buffer variance proposal. Steve Sims Page 2 September 7, 2006 Please send the entire original newspaper page with the public advisory and posted date of the published legal notice to the NonPoint Source Program, Erosion and Sedimentation Control Unit to complete the processing of your stream buffer variance application. if additional information is required, please do not hesitate to contact me at (404) 675-1624. Sincerely, Peggy Chambers Environmental Specialist Erosion and Sedimentation Control Unit PC:bk Attachment cc: Honorable Jason Buelterman -Tacobs Donald Anderson Carl Hall Tom Joyner Shea Gaither Keith Parsons File: BV- 025 -06 -03 Gee -gia Department of "atural Resources 2 Martin Luther King, Jr. Drive, S.E., Suite 1152 East Tower, Atlanta, Georgia 30334 -9000 Noel Holcomb, Commissioner Carpi A. Couch, PhD., Director Environmental Protection Division 404/656 -4713 November 13, 2006 Mr. Steve Sims 3743 North Bank Road Millersport, Ohio 43046 -9007 Re: Request for Variance under Provisions of O.C.G.A. 12- 7- 6(b)(15) Sims Residence City of Tybee Island Dear Mr. Sims: Your stream buffer variance request for the above referenced project has been reviewed by the Georgia Environmental Protection Division's Watershed Protection Branch. The review was conducted to consider the potential impact of the proposed project's encroachment on State waters within the context of the Georgia Erosion and Sedimentation Act. Pursuant to DNR Rule 391- 3- 7.05(2)(g), authorization is hereby granted to encroach within the 25 -foot buffer adjacent to State waters for the above referenced project subject to the following conditions: 1. As per your application dated June 22, 2006; 2. All graded slopes 3:1 or greater must be hydroseeded and covered with Georgia DOT approved wheat straw, wood fiber matting or coconut fiber matting. If not hydroseeded, Georgia DOT approved matting that has been incorporated with seed and fertilizer must be used. All slopes must be properly protected until a permanent vegetative stand is established; 3. The amount of land cleared during construction must be kept to a minimum; 4. All disturbed areas must be seeded, fertilized and mulched as soon as the final grade is achieved. Also, these disturbed areas must be protected until permanent vegetation is established; 5. Georgia DOT type "C" silt fence must be installed where silt fencing is required on the entire site and a double row must be installed between the land disturbing activities and State waters; Mr. Steve Sims Page 2 November 13, 2006 6. Buffer variance conditions must be incorporated into any Land Disturbing Activity Permit which may be issued by the City of Tybee Island for this project; and 7. This project must be conducted in strict adherence to the approved erosion and sedimentation control plan and any Land Disturbing Activity Permit which may be issued by the City of Tybee Island for this project. The granting of this approval does not relieve you of any obligation or responsibility for complying with the provisions of any other law or regulations of any federal, local or additional State authority nor does- it obligate any- of- the aforementioned to permit this project if they do not concur with its concept of development/control. As a - delegated "Issuing Authority," the City of Tybee Island is expected to ensure that the stream buffer variance requirements are met for this project and is empowered to be more restrictive in this regard. If you have any questions concerning this letter, please contact Peggy Chambers, Erosion and Sedimentation Control Unit, NonPoint Source Program, at (404) 675 -6240. Sincerely, Carol A. Couch, Ph.D. Director CAC:pc cc: Honorable Jason Buelterman Don d Anderson on Jacobs Maft Thomas Tom Joyner Darrell Crosby Shea Gaither Keith Parsons File: BV- 025 -06-03 C., (LT C_Lcii i‘ Li •••-• BoLe...p ) - ,- I • • ) I,: 0,1 o TERESA LN 40' R/W PROPOSED BULKHEAD 0 m 0 Proposed Sims Residence Lot 12, Northwave Subdivision Proposed Bulkhead DNR Marsh Line