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HomeMy Public PortalAbout120_020_Variance - Polk St, COTI & Leonard 1of2 MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern ti Janet LeViner Barry Brown Rob Callahan r CITY ATTORNEY Bill Garbett rye Edward M.Hughes Monty Parks %Li [ gF'�, 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: November 13, 2014 Item: Public Hearing Explanation: Variance— Polk St. right-of-way & 318 Polk St., Zone C-2 & E-C; PINs 4-0025-01-005Y & 4-0025-01-005Z; City of Tybee Island & Michael and Karen Leonard, petitioners; consideration of placing materials in marshland Budget Line Item Number (if applicable): N/A Paper Work: 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: November 4, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of Ethics www.cityoftybee.org n PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: October 21, 2014 Project Name/Description: City of Tybee Island & Michael & Karen Leonard/Polk St. right- of-way & 318 Polk St.; PINs 4-0025-01-005Y &4-0025-01-0052 Action Requested: Variance _Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance X Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment Minor Subdivision_ Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: not applicable COMMISSIONER FOR AGAINST COMMENTS Bishop X Motion to approve -see below Bossick X Bramble X Second Livingston Absent Major X Marion Chair Bishop X The Planning Commission recommends: Approval ❑ Denial ❑ Continued Demery Bishop motioned that the Commission renew the Polk Street right-of-way and 318 Polk Street Variance request previously apprs -• 01 two separate occasions and stipulate that there should be an absolute sunset of 18 , snths after approval by Tybee Island Council, and without approval and action within th• - 8 months, punitive damages be accessed against the parties who are responsible for the • •linquenc Planning Commission Ch. . Aft_ Date: /:C% z i �''f-- 11F [ � f Planning& Zoning Manager: bra Date: t. © -2y--(4 ° STAFF REPORT I PLANNING COMMISSION MEETING: October 21, 2014 CITY COUNCIL MEETING: November 13, 2014 LOCATION: Polk Street right-of-way&318 Polk Street PINS: 4-0025-01-005Y& -005Z APPLICANTS: City of Tybee Island and Michael &Karen Leonard OWNERS: same EXISTING USE: public street and residential PROPOSED USE: same USE PERMITTED BY RIGHT: yes and no ZONING: C-2 and E-C COMMUNITY CHARACTER AREAS: Arts, Eats Eco-business Corridor and Marshfront Neighborhood APPLICATION: Variance PROPOSAL: The applicants/owners are requesting approval to maintain the Polk Street right-of-way and the driveway of 318 Polk Street.The area is also known as Salt Meadows. ANALYSIS: Land Development Code Section 5-090(C), Variance Longevity, states a Variance granted by Mayor and Council is valid for 12 months. This 2014 Variance request is identical to 2012 and 2013 requests which were approved but have expired.The table below summarizes the prior City considerations of this proposed project. PLANNING COMMISSION VOTE CITY COUNCIL VOTE EXPIRATION March 20, 2012 approve 5-0 April 12,2012 approve 6-0 April 12,2013 June 18, 2013 approve 5-1 July 11, 2013 approve 5-1 July 11, 2014 October 21, 2014 November 13,2014 The subject property nearest Highway 80 is owned by the City of Tybee Island and it is zoned C-2, Highway Business. The zoning district changes to E-C, Environmental Conservation, prior to reaching the property line of 318 Polk Street. E-C encompasses all of the two privately-owned lots. According to the Chatham County Board of Assessors the single-family home on the upland lot was built in 1950 and there is also a 1960 guest cottage. The City and the Leonards are applying for authorization under the Coast Marshlands Protection Act of 1970, O.C.G.A. § 12-5-280, to impact Coastal Marshlands during maintenance work to existing Polk Street and the Leonard's driveway. In accordance with O.C.G.A. § 12-5-286(6), the applicants must submit a letter from the local issuing authority (the City of Tybee Island) stating the proposed activity does not conflict with any zoning laws. Prior to writing that letter the granting of a Variance from LDC Section 5-010(K)is required. Prohibit Placing Materials in the Marshlands.Notwithstanding any other provision of any ordinance or regulation to the contrary, no permit for building, land clearing, land filling or for the addition of materials to any area of "marsh,""marshlands," coastal marshlands, " vegetated marshlands, " or isolated freshwater wetlands as such terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970 (O.C.G.A. § 12-5-280 et seq.) or to any area of isolated freshwater wetlands shall be issued in the absence of a variance granted by the mayor and council subject to the strict application hereof pursuant to Section 5-090. In addition to those provisions of Article V, Chapter 22 of the City Code which may be applicable, it shall be unlawful for any person or entity to place in marsh, marshland, or coastal marshlands as so defined any material whatsoever, in the absence of a permit issued pursuant to a variance properly granted. 1 Section 5-090(A)(1) and (2) provide the standards for the granting of a Variance. South Polk Street and the Leonard's driveway have low topography. The granting of this request would allow the property to be improved in such a way that it would be accessible by emergency vehicles except during extreme high tides. From the Comprehensive Plan's Community Character Map, City-owned South Polk Street is in the Arts, Eats, Eco-business Corridor and the Marshfront Neighborhood Character Areas. The Leonard's property is located wholly in the Marshfront Neighborhood Character Area which is described as follows: 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 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 correlates the Variance request with the Recommended Development Strategies outlined in Section 1.2.8 of the Comprehensive Plan. Comprehensive Plan Section 1.2.8—Marshfront Neighborhood Recommended Development Strategies Meets 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. N Establish and enforce marsh buffer standards within this area, and identify 4. uses that will be allowed within the buffer and those that will be N prohibited. 5 Tree preservation should be prioritized to protect the scenic and habitat value of this area. Encourage land uses, through clearly defined guidelines, that protect 6. against stormwater pollution including: xeriscape landscaping, previous Y surfaces, and erosion and sedimentation control. 7. Limit housing density,size, and height within this area through zoning. Y STAFF FINDING Staff finds the proposed maintenance of South Polk Street and the driveway of 318 Polk Street meets the Variance hardship requirement. The proposal is in keeping with other applicable requirements of the Land Development Code. The proposed project is not in keeping with two of the seven Recommended Development Strategies for the Character Area. It is understood and agreed by Staff this project is subject to minor deviations from the attached plans due to fluctuating ground conditions. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Application(2 pages) B. Permanent restriction letter from the Leonards (1 page) C. Minutes from prior Planning Commission and City Council meetings (4 pages) D. GIS maps (1 page) E. Photographs of existing conditions (2 pages) F. Survey (1 page) G. Proposed maintenance plans (7 pages) 2 CITY OF TYBEE ISLAND Fee I ZONING VARIANCE APPLICATION Commercial $500 Residential $200 Applicants' Names City of Tybee Island and Michael/Karen Leonard Address and location of subject property Polk Street right-of-way and 318 Polk Street PIN 4-0025-01-005Y &4-0025-01-005Z Applicant's Telephone Number 912-786-4573 & 912-786-7890 Applicant's Mailing Address P.Q. Box 2749 and P.O. Box 386, Tybee Island, GA 31328 Brief description of the land development activity and use of the land thereafter to take place on the property: elevate public right-of-way and residential driveway Explain the hardship low topography Property Owner's Name (same as Applicants) Telephone Number (same as above) Property Owner's Address (same as above) Is Applicant the Property Owner? X Yes No If Applicant is the Property Owner, Proof of Ownership is attached: X Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property C-2 & E-C Current Use public street and driveway Names and addresses of all adjacent property owners are attached: X 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: X Yes Signature of Applicant Date NOTE: Other specific data is required for each type of Variance.,r Fee Amount$ Check Number / Date "i- 3 0- I - \� --ri„ . 13 zo ci kiasia n,cer -Pee was 20%2- City Official b� Leoriarcis 1\6 �t.e was rev-s.red -o r +1.� 20k3 ar.c z4D 14 rc � y-e sfs. NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, X exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date VIA U.S. MAIL & E-MAIL RI It hesf'(0' )r h1;m.,:t'llll Edward M. Hughes, Esq. Callaway, Braun, Riddle& Hughes P. 0. Box 9150 Savannah, Georgia 31412 RE: Permit for Improvement of Access Road Polk Street, Tybee Island Dear Mr. Hughes: This letter will confirm that we, being the fee simple owners of the above- referenced property, agree to the City of Tybee Council's request for a permanent restriction limiting the use of our property to a single family home with permissible accessory structures in perpetuity. As soon as the permit for improvement of the access road is granted, issued, and the work is completed to include our portion thereof, we agree to sign a formal, recordable document for this purpose. Regards, Michael"E. Leonard Karen R. Leonard P. 4.Box 386 Tybee Island, Georgia 31328 7�{6sai1 (!'bell olll1l.nel 91 2.786.7890 rf1 W MINUTES - partial Planning Commission Meeting • March 20, 2012 Item 3 on the agenda is a zoning variance, by both the City and Mr. Michael E. and Karen Leonard, Polk street right of way. Ms. Otto stated, as in the staff report, that accompanied the documents for this request, both the City and the Leonards are in need of a variance to place materials within the marshland which is prohibited by section 5-010k.The current right of way of the south end of Polk Street and the property owners' driveway flood on a very regular basis. They are low and have not been maintained over the years. High tides do affect access to the property. It is that reason that both the city and the Leonards are seeking approval from DNR to make improvements on the street and the driveway. If this variance is approved by the City, then the City would be able to right a letter to DNR stating that it does not violate any of Tybee Island's zoning ordinances and has received a variance from this particular section. Ms. Otto stated that Mr. Davis is heavily involved in this project, if there are any questions. Mr. Major stated that under ordinance section 5-090,driveway high tides are not a reason to request a variance.There are very definite definitions of a hardship. Mr. Major asked if this represented a hardship. Ms. Otto explained that the ordinance talks about topography and this does have a low elevation. Mr. Major asked if the roadway is raised,what is going to be put in there. Mr. Davis said that one of the things that was agreed to with Council, before being able to retain a consultant to guide through the process with the Corp and the DNR, that this would be a single lane road as it is now and that it would be raised to an average elevation of 5.6,sea level.The tides can get up to 7 or more feet. Right now parts of that are 4'8", 4'9".The Leonards have to park their cars at the road during certain spring tides.The Leonard's have had damage to their cars due to excessive salt water use.They are not looking for total relief.They are looking for partial relief and wanting the City to work with them us raise the City right of way,the Leonards raise their driveway, so they can get to their lots most of the time without having to drive through salt water.They have expressed concern about emergency traffic. Raising it to 5'6"would really minimize any hardship. Mr. Major asked if it would be widened. Mr. Davis explained that there is about a 9' width now,trimmed down to 8' drive, 2' shoulders for safety and 2 and half to one slope. Normally there would be a 3 to one slope. It is being steeped up to try to minimize any impact.This is the least that can be done to get by. Ms. Bryan asked what materials were being used to raise it. Mr. Davis stated that earth and stone would be used. It is earth now, some remnants of stone. He said that Joe Wilson has talked about putting a geomat down to minimize any further sinking of stone into the ground. It is a driveway lane with, not treacherous, but somewhat steep slopes on the side. It is merely elevating what is there. Mr. Callahan asked where 318 Polk Street was located.The only numbers he could find were 602A and B. Ms. Bryan stated that it was Salt Meadows. Mr. Callahan said he found the property, but there is no 318. He also asked if there was concern or the need for any cross drainage after this is elevated. He asked if the marsh was affected if a dam is down the middle. Mr. Davis said that would be a question for the DNR and CORP. It will all be interconnected once high tide comes in. It will be a peninsula at certain high tides, but it is going to be subsurface. It is possible that CORP or DNR will ask for cross drains.We are not asking for that. Mr. Parks asked if it would come back to the commission or is this only shot. Ms.Otto said that this is the only change. Once permitted by DNR, it becomes just a street maintenance project. Mr. Leonard took the podium. He explained that when he bought the property, it was just Salt Meadows, had a street sign on 80 that said Salt Meadows. About 3 years ago, he received a letter from the City that he now lived at 602A and B. and he had to put signs up. He said that he did. Recently Mr. Brown called and said he would be at 318 for 911 purposes. Mr. Parks closed the public hearing and called for other discussion. Mr. Callahan moved to approve as presented, Mr. Bishop seconded.The motion to carry was unanimous. Ms Otto said that the item would be on the Council agenda April 12. Minutes prepared by Sharon Shaver City Council Minutes 04/12/2012 — partial Zoning Variance, City of Tybee Island and Michael and Karen Leonard, Polk Street right-of-way and 318 Polk Street; Zoned C-2 and E-C. Ms. Otto stated this has been an extensive study by the city for the improvements needed on the southern portion of Polk Street and Mr. Leonard's driveway to elevate that roadway so it does not flood during the typical moon cycles. Planning commission did vote to approve this request 5-0. If this variance is approved this evening, it will allow the city to write a letter that GaDNR requires that the proposed project does not violate any of the city's zoning regulations. Ms. Doyle stated that this is long overdue and she appreciates everything staff has done to get this request as far as it has come. She would also ask for a unanimous vote this evening. Frank Schuman made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Minutes by Janet LeViner MINUTES - partial Planning Commission Meeting • June 18, 2013 Variance—City of Tvbee Island&Michael/Karen Leonard—Polk Street rieht-of-wav and 318 Polk St. Ms.Otto—This is for a zoning variance. The applicants are the City of Tybee Island along with Michael and Karen Leonard. The location is the right-of-way of Polk Street on the south side of Highway 80. A portion of that is City right- of-way and the remainder is the Leonard's driveway at 318 Polk Street. This same request was before you and that approval has since expired. The previous approval was before the Planning Commission in March 2012 and it went on to be approved by the Mayor and Council. Our variance longevity in the ordinance is twelve months. During the time it has taken to process this with the State for the necessary DNR permit for the project,the variance expired and the request is that it be re-approved for another year. We are very close to having this heard by the State and it is anticipated that this won't occur again as they should be able to accomplish this with a second variance approval. It is expected to go,probably in August,before the Board that will be voting on it for the State permit. Mr.Callahan—Why is it taking so long? Ms.Otto—Downer Davis is with us this evening and I think he could best answer the process this has had to go through and where we are headed with it. Downer Davis came forward and introduced himself. The reason it is taking so long is because I have never worked on a project like this before and nobody else involved in it has either;it's a very unusual project. We are merely trying to elevate a roadway that is not improved,so the residents have a safe way to get to their house. It does not fit any pattern that the DNR has seen before. It has taken us awhile to work through the matrixes of the corps,Fish and Wildlife,and DNR. We probably would have already been in a meeting,however,we realized rather late that our own permit had expired. At one time this driveway was going to be raised to the minimum height for a roadway in our specifications. Now it is being raised about a foot less to address the concerns by some of the review agencies. We've been catering to their concerns,we have addressed them,but our own permit expired and that is why we are back. Mr.Callahan—The design that is attached,is this different from what we saw last year? Mr.Davis—It's within the same parameters. The height of the roadway may be slightly lower. I can't remember if we already lowered it down to an elevation of 6.2 or if we were still proposing to go to an elevation of 7.5,but over the last couple of years,we have lowered the elevation and lowered the amount of fill that would be used to raise the roadway. If anything,it is less impact than what you previously approved. I've been working with this since 2006,it went dormant from 2007 to about 2010,and we've been picking up steam since then. Mr.Callahan—Is the amount of fill what the DNR and the Corps are objecting to? Mr.Davis—I don't know that they are necessarily objecting to anything. They are raising concerns and justifications. We've had to give them a cost analysis for what it would cost to put a bridge in. This project is not promoting development. It is merely to promote safe,one-way traffic to allow someone to get in there or to get a fire truck there should the house catch on fire. At high tide,you could have enough water that a fire truck or an ambulance is not going to get through. These people have paid their taxes through the years, The City is trying to assist them with safe access to their property. This is not a development,not a project,this is merely maintenance. Mr.Callahan—You mentioned a bridge. So there have been other alternatives that have been looked at? Mr.Davis—We've looked at plenty of alternatives with the difference in cost of maybe$40,000 compared to a million dollars. It's not hard to figure out which one the City can afford. We've given some alternatives but there comes a point of feasibility. I don't think the City of Tybee is prepared to work with residents at a million dollars a hit. We're trying to come up with a reasonable alternative. It's a travel way now,vehicles are running down it daily,and it's below grade of what it was five or ten years ago. It continues to erode with each tide and the longer we wait the worse it gets. Time is of the essence. Mr.Callahan—This design is what will go before the Board? Mr.Davis—The design is what Tybee is proposing and will go before the Board with consideration of other alternatives. Mr.Callahan—You are asking for approval of a variance,correct? Mr.Davis—Tybee granted itself a variance because the entire roadway is all within the jurisdictional area of the DNR. The Coastal Resource Division has flagged it. When you leave Highway 80,within 50 to 70 feet,you are in their jurisdiction and you don't exit until you are past the tall timber gates that are towards the end of the road at the Leonard's property. We have to go before them and treat it as if we are in the marsh. It is technically running through the marsh and we are giving ourselves a variance to place fill in a marsh. It's nothing different than what we did before except it might be less fill than what we were proposing. Mr.Callahan—I'm concerned about why it is taking so long. Ms.Otto—There was a required comment period of sixty or ninety days when the property was posted and anyone who had an interest could submit comments to the State. Tybee Island had an opportunity to respond to those comments with another deadline. It's a lengthy process,much more than the couple of months that Tybee has residents go through to get to Planning Commission and City Council. Their public notice period is much longer which contributed to it. Mr.Marion—What is the original composition of that road? Is it shoring up the road or just adding fill? Mr.Davis—It would be fill and rock to stabilize it. We're coming up with a steeper slope and doing it with a mixture of #57 stone and seeding it with about 10%oyster shell. If you mix oyster shell with limestone,it is about as productive as putting in pure oyster shell because the calcite that is in limestone and the oyster shell blend together and create about the same habitat for oysters and other marine life that pure oyster shells would. It would protect the dirt from floating away with the tide more so than our previous designs. Mr. Marion—If granted,what is the estimated time of completion of this? Mr.Davis—If we go before the Board in August and get approval,then it is up to Public Works to fit it into their budget and timetable. I can't give you Public Works schedule but when the meeting is finalized in August that should be done as far as the permit. It would then be up to us for the work. Mr.Marion—Once the work is complete,it shores up the safety factor for the residents? Ms.Otto—It is still anticipated that at a very high spring tide there would still not be accessibility. On the general day- to-day normal high tide,it will be accessible. Mr. Parks—Is there a representative for the applicant that would like to speak? [There was none.] Ms.Otto—Mr.Davis had a conversation with Mr.Leonard and he is aware that this action is before you this evening. Mr.Parks—Do we have anybody from the public that would like to address this? [There were none.] I will close this public hearing. Do I have a motion or discussion? Mr. Marion—I move to approve. Ms.Bramble—Second. Mr.Parks—Those in favor of approval please signify. [Bramble,McNaughton,Marion,and Borkowski—approved/ Callahan—opposed] Minutes bylerris Bryant City Council Minutes 07/11/2013 — partial Variance—Polk Street right-of-way and 318 Polk St.;PIN 4-0025-01-005Y and -005Z;Zone C-2 and E-C;City of Tybee Island and Michael/Karen Leonard, petitioners. Ms.Otto approached mayor and council and stated this request was before mayor and council previously in April 2012 and was approved at that time. According to Code, a twelve month longevity on an approved variance is allowed.As this request has expired, it is before mayor and council for reconsideration. Mr.Alton Brown approached mayor and council to give a synopsis of the project to date. He stated the project has been ongoing since 2008 and since that time his office has been providing not only the Costal Resources Division and the Corp of Engineers (COE)with the necessary paperwork for a permit application. Mr. Brown went on to describe the permit application with both entities. He further explained that they are currently awaiting the 401 Certification and once this is obtained,they can meet with theCoastal Marshland Committee to continue to work through the permit process. Ms. Doyle stated she has attended many of the meetings and she considers this item a maintenance issue and the variance is a way for mayor and council to move forward through the process.The road needs repair and the maintenance needs to be done. Ms. Doyle thanked Mr. Brown for all his hard work. Mr. Wolff stated that it is his understanding that since the road has not been maintained and has essentially subsided into the marsh, it is now a habitat for fiddler crabs.Therefore, it is not a maintenance issue but a new road through the marsh. Mr. Brown confirmed. Mr.Wolff stated that if this road had been maintained on a regular basis this would not be before mayor and council this evening. His personal opinion is not to build a new road through the marsh. Ms. Doyle would disagree. Ms. Otto reported that at the recent Planning Commission meeting the vote was 4-1 to approve. Mr. Garbett again asked Mr. Brown if this was a new road or a maintenance issue according to the Environmental Protection Division (EPD). Mr. Brown responded the EPD has not made a determination to date.The COE would suggest this is new construction and would not be considered maintenance. Mr. Davis approached mayor and council stating that the plans have been revised several times in regards to the height and width of the road. He had no further comments. Michael Leonard approached mayor and council to speak in favor of this item. He stated that the most important issues are the spring tides and at the highest possible tide, his family would not be able to get emergency vehicles to his property.The road is currently is such disrepair and with the new road it will be a flat, passible road. Ms. Doyle thanked Mr. Leonard for speaking to mayor and council.Jim Boyle approached mayor and council. He has concerns with granting a variance as it sets a precedence. Mr.Wolff responded that it may or may not establish precedence for Tybee Island but it would establish precedence for other state agencies if approved by mayor and council. Mr. Garbett stated that he is favor of granting this variance at the moment. Barry Brown made a motion to approve.Jan Fox seconded.Voting in favor were Tom Groover,Jan Fox, Mayor pro tem Doyle, Barry Brown and Bill Garbett. Voting against was Paul Wolff. Motion carried 5-1. Minutes by Janet LeViner Polk St. right-of-way & 318 Polk St. _ _ _,,,,ock L •-• -• - -61--bLIO 0 0E10 Er-,, - c'16) [Takfik`� La Ili ejAve o L -.7 ' / .7 a 1 7 1 im g 1, a E - `- -` E.S.Mama Ep _�._ + r- fO c - ♦ f mg i 8 ` altl}{I9hWaY iir I 1 "II rf n'w i , Cy Ei / E-C f v Q 0' / _ _ ) C7 o y twit E }iI 'iW�'R51�RI] ' ' ' - :- -7C:44A-'.1'j...4: ' 1 • .---i''. ..';'4 1 s r The two * - c e �� lots owned •ti, �' by Michael a _ y : & Karen • �, *w ire Leonard are - i, , highlighted blue. . 't- 2. i y:'f `• . vi • � � -_. - • 3c �� - - - . �" �� _ -; ,�M r" / / /• M 10• gri4 14 : 0 .,. 4_ I 1 i 0.,..1,0v• . , '' k.. ,'f'-- b v 'i' a -� _ �. ' rat t� 4 ±.,. =r 'l photographed October 12, 2014, 2:01 pm Fort Pulaski Tide Predictions Date Day Time Hgt 10/ 12 Sun 05 : 20 AM 0 . 09 L 10/ 12 Sun 11 : 28 AM 8 . 08 H 10/ 12 Sun 05 : 54 PM 0 . 72 L 10/ 12 Sun 11 : 59 PM 7 . 05 H