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HomeMy Public PortalAbout120_020_Subdivision - 110 S Cambell Ave 1of2 MAYOR 115 CITY MANAGER � Jason Buelterman 11, Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern : l Janet LeViner Barry Brown , Rob Callahan CITY ATTORNEY r h Bill Garbett Edward M.Hughes Monty Parks or � 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: June 12, 2014 Item: Public Hearing Explanation: Minor Subdivision of Land— 110 S. Campbell Ave.; zone R-2; Lorena Mitchell,petitioner; consideration of request to divide 1 lot into 2 lots Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* Ai 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: June 4, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 t City of 1,4 Ethics pf www.cityoftybee.org a,��oz."- PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: May 20, 2014 Petitioner: Lorena Mitchell Project Name/Description: 110 S. Campbell Avenue Action Requested: Minor Subdivision Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance 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 X _ Bramble X Second Livingston X Major X _Marion Chair McNaughton X Motion to deny The Planning Commission reco • ends: > Approval 1ZI Denial ❑ Continued Planning Commission Cha Date Planning & Zoning Manager: le , 411 Date: q 21 -14 STAFF REPORT PLANNING COMMISSION: May 20, 2014 CITY COUNCIL: June 12, 2014 LOCATION: 110 S. Campbell Ave. PIN: 4-0019-03-007 APPLICANT: Lorena Mitchell OWNER: same EXISTING USE: residential PROPOSED USE: same ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Marshfront Neighborhood APPLICATION: Minor Subdivision PROPOSAL: The applicant is requesting approval to subdivide 1 lot into 2 lots. ANALYSIS: Solely for refinancing purposes, the owner of 110 South Campbell Avenue is requesting approval of a minor subdivision that would create two lots from one lot.A description of the refinancing situation as written by the applicant has been included in this packet. The minimum size requirement for an R-2 lot is 4,500 square feet for a single-family structure and 6,750 square feet for a duplex. Currently the property at 110 South Campbell Avenue is a conforming single-family lot with 6,208 square feet. The attached subdivision plat proposes creating Lot 42-A with 2,263 square feet and Lot 42-B with 3,945 square feet. Approval and recording of this minor subdivision request would result in two lots of nonconforming size. The general character of this area of South Campbell Avenue is residential with commercial uses within walking distances to the north. The property is located in an R-2 zoning district. A description of the R-2, one- and two- family residential district follows. 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. [Section 4-050(C)] The two existing dwellings do not conform to several of the required R-2 setbacks (20-feet front, 10-feet rear and sides). The Chatham County Property Record Card provides an actual year built of 1950 for the structure to the north. No date is available for the south structure. Granting of the subdivision would result in additional nonconforming setbacks along the new property line for both structures. If this request is approved, as stated on the proposed plat the existing metal storage building in the rear yard would be relocated so it would not be straddling the new property line. A relocation permit would be required. The description of the Marshfront Neighborhood Community Character Area from the Comprehensive Plan: These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and many lots contain access to the water via tidal creeks. The surrounding marsh provides scenic views, natural resources, a recreational amenity, and dock access to the water.Due to the close proximity of 1 marshland and local waterways, land use and protection of natural resources requires special consideration in these neighborhoods. The nature of existing zoning classifications has preserved some undeveloped land within these areas. The table below demonstrates how the proposed subdivision fits with the Recommended Development Strategies outlined in Section 1.2.8 of the Comprehensive Plan for the Marshfront Neighborhood Community Character Area. Comprehensive Plan Section 1.2.8--Marshfront Neighborhood Meets Recommended Development Strategies Strategy YIN or NIA 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale, use, and density. 2. Permit only uses compatible with the character of the area. Y 3. Permit only uses that will not adversely impact the marsh environment. Y 4 Establish and enforce marsh buffer standards within this area,and identify uses that will be N/A allowed within the buffer and those that will be prohibited. 5. Tree preservation should be prioritized to protect the scenic and habitat value of this area. Y Encourage land uses, through clearly defined guidelines,that protect against stormwater 6. pollution including: xeriscape landscaping, pervious surfaces,and erosion and sedimentation N/A control. 7. Limit housing density,size,and height within this area through zoning. Y STAFF FINDING The proposed subdivision is contrary to the R-2 minimum lot size requirement. The proposed subdivision would create additional nonconforming setbacks along the new property line. The request is in keeping with the neighborhood in terms of density and scale.It is also in keeping with the strategies of the Character Area. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Subdivision of Land Application (2 pages) B. Narrative from applicant, 05/12/2014(1 pa4r .r rQA:v€- r on a P1 r t CLA o a ato# }} b. l e rr 16ols r eke �r. C. Photographs of existing conditions, 05/11/2014(2 pages) � �� ,���� r / D. SAGIS map (1 page) `� 'L �'` :`Ng t pay-) E. Existing plat,03/01/2006(1 page) F. Proposed plat,04/30/2014(1 page) ke� ec Srroen U^:4-cS Co�'`^^u n+' 134^ act:ve,6 o.C4er . P L rose. r3 CI ?age 2 'T‘ CITY OF TYBEE ISLAND Fee SUBDIVISION OF LAND APPLICATION Major Subdivision $500 13,") ✓ Minor Subdivision $125 Applicant's Name Lip Cc.T Ck kCA 11A i\k ',\Ae-1 I ((An v\- › Address and location of subject property 1 1 0 'O(A,t`tl &NI p 6,1ki &V A- 1 1 C) r~� PIN S DO -02 oo'l Applicant's Telephone Number ?Z Og 2204- Applicant's Mailing Address 2° 0 \-\-0 i , ,A R. ii l e i w Brief description of the land development activity and use of the land t ereafter to take place on the property: 001151(pn L - l nh) i fTlictft )° Property Owner's Name L.(9 Yer1Ct kit l t Telephone Number d LLZ Property Owner's Address "'I Loo 1 i"Ytw w\c\ � ul/ ASO 1e. AL 2(10 )y 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 P\2 Current Use M(.4141 ( Names and addresses of all adjacent property owners are attached: k 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 application for this zoning action. Disclosure of Campaign Contributions form attached: Yes c r _ /2 /2 A Sig a ur of Applicant Date NOTE: Other specific data is required for each type of Subdivision of Land. Ere tr�r Fee Amount $ 15 Check Number c.�� Date 0 4-30 - 2 014 City Official &MD NOTE: This application must be accompanied by the following information: ✓f 1 copy to scale, no smaller than 11 x 17, of the proposed subdivision with the building setback lines, 14 IA 4 copies to scale, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. Kii The name(s) of all proposed new street(s) or private drive(s). 1(/A 1 copy, 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 drainage and infrastructure plan has met the approval of the City's engineering consultant. The Applicant certifies 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 and honest manner. All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. /)1-4-Aai Sig ture of Applicant Date 10/22/2013 Dianne Otto From: Lorena Mitchell <lori.kay26 @gmail.com> Sent: Monday, May 12, 2014 12:55 PM To: Dianne Otto Subject: From Lorena Mitchell Dear City Counsel, Please consider my request for subdivision of my lot located 110 South Campbell Ave. I am requesting this as I am not able to refinance or get home equity loan as the two properties dwellings are on the same lot. I have been told by BBT and United Community Bank that Freddie Mac and Fanny Mae will not provide financial services to this configuration of property. My original loan and subsequent loans have not been problematic but it appears with new regulations and protections due to the banking crisis the rules have changed. In the event that I consider selling them in the future it is important to note that I still have an original mortgage. The two properties would have to sell together. The property as is,will not provide me with the most usable resource. I cannot refinance at lower rate, I cannot use the equity of the past 20 years. Thank you for taking your time to consider my request. Lorena Mitchell 1 Print Page 1 of 1 Subject: From Lorena Mitchell From: Lorena Mitchell (lori.kay26 @gmail.com) RECEIVED To: Bert5991 @bellsouth.net; G F.. Date: Tuesday, May 20,2014 8:51 AM cr 0,r^ B€,4 12,.o.rre ►Tr. Dear Counsel persons, Please see below considerations for the subdivision of property located 110 South Campbell • There are 2 dwellings on the same lot. One dwelling is a wood frame house-built approx 1952. The other is a block frame duplex built approx 1972. They have separate water meters and each unit is supplied with separate electric meters. • I have not been able to secure refinancing or equity line of credit due to this configuration. The bankers want to mortgage or provide equity on them separately. • My banker, Randy Buchanan,United Community Bank,Burnsville NC, has told me that Freddie Mac and or Fanny Mae will not provide fmancing for this configuration • I need to be able to access these financial options in order to keep the property maintained and to provide for improvements. • The current mortgage is for both properties on the same lot thus if ever sold they would have to sell together. This was accomplished in a very different financial market many years ago and when I was living in the home. Thank you for your time considering my request. Lorena Mitchell httpsa/us-mg205.mail.yahoo.com/neo/launch?.partner=sbc&.rand=cbe967hjoc$bd 5/20/2014 U United UNITED Community Bank. El EI) June 2, 2014 (G'' evr. a;te d toy proPsr'J-Y o a.4'+er !'tav1n:,,8- Tybee Island Counsel Members e p w•nn:C S,'o,-, Tybee Island, GA 31328 vri 1-;r s RE: Property at 110 S Campbell Ave,Tybee Island,GA owned by Lorena Mitchell Dear Counsel Persons, Please recall that Lorena Mitchell has petitioned for subdivision of her lot at 110 South Campbell Avenue. There are two separate housing units located on this one lot. One is a single story frame home and the other is a duplex. Miss Mitchell approached me last year to secure a mortgage loan on this property. Her intention was to secure loan proceeds which would partially be used for repairs and improvements on this property. The intended repairs I understand would include a new roof on the duplex, installation of insulation, landscaping and beautification, a new sewer line for the frame home, and other improvments. Unfortunately we were unable to assist Miss Mitchell with her financing request. We are a retail bank with a full service mortgage lending division. We do all types of mortgage loans including conforming loans which are underwritten to Fannie Mae and Freddie Mac requirements. We also do government loans such as FHA,VA, and USDA. Furthermore we have our own portfolio loans which are underwritten to our bank guidelines such as home equity loans and portfolio first and second mortgage loans. None of these programs could be made to work due to the fact that two separate housing units are located on one lot, Indeed even being able to obtain a usable appraisal was not possible due to the multiple housing units on one lot as comparable sales were not available as such. Neither Fannie Mae or Freddie Mac will accept such properties for financing. On the other hand, if either of these residential units were deeded and situated on its own lot the financing request could have been completed as Miss Mitchell requested. More than one residential unit per deed is not allowed for this financing. This also means that possible buyers of the property in the future would have limited options for obtaining financing for the property due to the same problem of having two separate residential units on one deed. This could of course present a problem for Miss Mitchell in the event she should decide to sell the property at some future time as the availability of proper financing is often a necessary consideration of a real estate transaction. Thank you for your consideration. If you have questions please do not hesitate to contact me. Sinrely yours, ) , , Randy uchanan Mortgage Originator PO BOX 969 291 E US HWY 19E BURNS VILLE,NC 28714 ucbi.com 828 682 9992 Fax 828,682.1295 Member FDIC •Equal Housing Lender T 1 ' ' ♦f - L 7� J 9 .l r A T 4'. ° ski, L , — - _.-..._. ���� � :-.:.,„1,..f<i- 1 _47,.., ` J - 1 "MN In r „�: •►7 a e+r�► Y , ii r — ------- 7 ..at. -4+'i v �p _ .� `,� sue'' Y _ �• - - . �" ""- _ -Noe . eJ - ! It .i ti. /i •yam, .,r F - i , ' .-v— +a Ii 4a . j � r. 4 y� Y 4 I-- �_�� ...'; ( ;! i Tyr-- '' T �''r i i ilL 4 1 _,_., i it �� i r -.. I ti ! , i 14 16:01 • ,, dl..1. x y _ 1 �-'. �It 1 • •. _ •_ iiil ' V•:b. . •. iiii . , —.. IfO0 1 F ' 4 C + AO , ; > _. ....i iii • . • - _ - - n.-. nna 42•¢ Imo, " ,.i. R q,�`•�! �F. is ! ', peiti s' 1N s r o i fr•�^®. — 'z_ , 7 l;yr. z s 4,r .sue• '"It - F' 3�s ACM! _ s�yN "' " f• • t ..r.. _s . t,+.. .t , Sc.v_w as v 7; - . • a $` . ue Lorena Mitchell 110 S. 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