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MINUTES
Planning Commission Agenda Meeting June 12, 2006– 7:00 p.m.
Planning Commission Members present at the Agenda Meeting on June 12 2006 were: Barry Brown,
Sandy Chandler, Bill Garbett, Susan Hill, Honor Hutton, Rachel Perkins, Chuck Powell, and Lawanna
Tsoulos. Gene Kindrick was absent. City Staff present: Dee Anderson, Diane Schleicher and Dianne Otto.
Chairperson Lawanna Tsoulos called the Meeting to order. She reminded everyone that Minutes were
being taken. She told the Commissioners they would be approving the Minutes from May 8th and16th at
the Meeting on June 20, 2006.
Gail Lamb represented a Zoning Variance petition in Zone R-1-B, 9 Lovell Avenue, PIN 4-0003-17-005.
Lamb distributed a survey of the lot. She said the goal is to use two historic buildings. She said it is a
small lot. Lamb talked about being able to provide off-street parking. Lamb said without a Variance she
can lift the building up and add a 25 by 43 foot addition in the back. She said what she is asking for is to
use an historic portion of the old Fort Screven hospital wing for the back portion. She said it is 25 feet
and 6 inches wide, so she would need a side setback variance of 9.75 feet on each side to provide for the
extra 6 inches. Lamb said they would move the cottage out, put the wing in, and then move the cottage
back in front of it. Lamb said the lot is 45 feet wide. She said second is the hardship part: if they raise
the cottage and put piers under it there is no way to park underneath because the widest portion is 7-
foot, 4 inches. She said she is asking to square off the cottage, not with living space but with open
porches on each side in the front; all she would be adding in the setback is porches. Lamb said so they
can make it 25 feet wide, they have to shift it 3 feet to the left, so they can park under it. She said that
would allow two 10-feet, 6-inch wide parking spaces. Lamb said she may not raise both of these
structures two levels; they are still looking at what is most feasible. She said she may raise the cottage
one level and the back portion two levels. She said the drawings show the most they would do. Lamb
explained they might build above the cottage if they raise it one level instead of two. She said she talked
with Braswell, the house mover, and he measured everything: if Savannah Electric will move a pole, the
cottage will fit in front of 7 Lovell while they move the wing in. Lamb referenced a letter from engineer
Robert Millikan stating the plan is feasible and will meet all applicable Code requirements. Lamb said all
the houses on that side of Lovell have mass in the setbacks so the project is not going to change the
integrity of the street. She said as far as the side setbacks, the house next door has a bay window that
juts out, and she is asking for 3 inches. Sandy Chandler asked Lamb about wanting to move the house
over to the side to allow parking underneath. Lamb said making it 25 feet wide gives two 10-feet, 6-inch
wide parking spaces, and if they raise it straight up and square it off they can use the entire 10 foot side
setbacks. Barry Brown asked Lamb if she could retrofit the cottage inside the hospital wing instead. Lamb
said she would lose living space. Brown said she is on the property line with a 3-story structure. Lamb
said so are the rest; all the houses there are that far forward. Honor Hutton said those are 1-story
cottages; they are not 3-stories. Lamb said the one on the south side is three stories. Chairperson
Lawanna Tsoulos said at the Agenda Meeting the Commissioners look to make sure the petitioners have
brought what they have requested so they can put it on the Agenda. She said they will hear the issues
pertaining to it at the Public Hearing. Rachel Perkins asked about one of the porches. Lamb said the
porch is going to be deeper than shown on the plan. Perkins asked if the new porch on the top level
would have a roof over it. Lamb said she would like to cover it but may not. Chuck Powell asked if
moving the cottage temporarily would block the street. Lamb said it is a dead end street. Powell asked
how long it would be blocked. Lamb said one or two days. Bill Garbett asked Lamb what Variances she is
requesting. Lamb said 9.75 feet on the side setbacks, adding porches in the front setback, and shifting it
over three feet. Tsoulos said when Lamb moves the structure then she has to ask for a front setback
Variance. Susan Hill talked about the Zoning Variance application needing to be rewritten, which Lamb
agreed to do. There was further discussion about the Variances. Powell cited Section 3-020 of the Land
Development Code, Continuance of Nonconforming Uses/Structures. Lamb said if she has to raise it up
exactly where it is and can square it off, the parking is narrow. Brown said according to the Ordinance, if
Lamb lifts up the cottage and moves it off the lot, all bets are off. Lamb said they have been talking to
attorneys to get a reading on that: a footprint is a footprint on the ground. Tsoulos told Lamb the petition
will be on the Agenda for June 20th.
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Ron Jacobs represented a Zoning Variance petition for owner Gilda DeMott for 606 Miller Avenue, PIN 4-
0005-13-003, Zone R-1. Jacobs said a building permit was issued. He said the site plan showed wetlands.
He said a Stop Work Order was issued, and they would like to get back to work. Jacobs said he had EMC
Engineering show wetlands mitigation. He said it falls well below the Corp of Engineers threshold for
wetlands mitigation requirements. Jacobs explained the drawings. He said they have been stopped for a
month and want to get back on the job. Barry Brown asked about the wetlands area. Jacobs said it is a
manmade drainage ditch created by the City of Tybee Island. Chairperson Lawanna Tsoulos said whether
it is manmade or made by nature, once it is there it is there. Jacobs said yes, that is a moot point. Brown
asked what constituted being a wetland. Rachel Perkins said vegetation. Chuck Powell said the EMC letter
proposes restoring the correct type of vegetation for that wetland. Jacobs said their proposal it to
mitigate wetlands through vegetation and grading. Tsoulos said the petition will be on the Agenda for
June the 20th.
Bobby Chu represented a Major Subdivision of Land at 707 Strand, Zone R-2, PIN 4-0005-20-006. The
petition includes Zoning Variances of the Land Development Code Section 5-010 (J), Shore Protection
with Variance Clause and Section 10-080 (E), Street Design and Construction Specifications. Chairperson
Lawanna Tsoulos said City Council requested it return to Planning Commission for further study. Chu said
they changed the request from 40 feet to 50 feet. He said there is a dedicated easement where nothing
could be built. Chuck Powell asked if that would be permanent. Chu said permanent. He said they lose
four oak trees on the property: one 6-inch, two 7-inch, and one 10-inch. He said they would plant fifteen
3-inch oaks, equivalent to $15,000. Chu said they are asking for the Shore Protection Variance now. He
said if they are granted the Variance they still have to go to DNR to get their Variance. Chu said they are
asking for the dune crosswalk now too. Chu explained that a letter from Mark Williams will be available
for the Planning Commission meeting on June 20th about the water and sewage lateral. Powell asked if
the City must approve before Chu can apply to DNR. Dee Anderson said he can not go to DNR until it
meets the City’s requirements. Rachel Perkins gave background on the Shore Protection Ordinance. She
said Georgia is the only state that does not use a dune feature for deciding the setback line. Chu said
none of the structure will be in the dune. He said nobody has been turned down for a Shore Protection
Variance if they are behind the toe of the dune. Anderson said that was correct. Chu said they plan to
move the house. He said the streets will be pavers. Chu said Mallory Pearce is working out the language
of the conservation easement. Chu said the County has gone from 60-feet to 50-feet for the width of a
road. Bill Garbett asked Chu to explain the hardship at the Meeting next week. Powell asked if Chu knew
the disposition of the McNeal house. Chu said it will be moved through the Seiler property. Barry Brown
asked if the 50-foot easement was the building line. Chu said that was correct. Tsoulos told Chu they
would see him on the 20th.
Chairperson Lawanna Tsoulos asked if there was a Dark Sky Subcommittee update. Chuck Powell said
they met with Henry Levy and Charlie Brewer, a former employee of the electric company. Powell said
Levy has two electrical engineers that are also going to meet with them. He said they are meeting June
15th at City Hall at 9:30 pm to take a tour of the island to look at lighting and to educate themselves on
lighting. Powell said the model ordinance is being revised. He said it is not ready to be presented. Tsoulos
said there will be a Public Hearing. Barry Brown asked if it was primarily street lighting. Powell said it
encompasses all lighting. Tsoulos recommended the Commissioners attend the Subcommittee’s meetings.
Mack Kitchens represented a Zoning Variance at 160 South Campbell Avenue, Zone R-2, PIN 4-0016-02-
012, Continuance of Nonconforming, for Alan Yesner. Kitchens said they would like to demo this house.
They intend to build a new single family home. He said the new structure would not be in the 25-foot
marsh buffer. Kitchens said the current house is about 65 years old and there is not enough integrity
structurally to raise the house. Chuck Powell asked if they were going up. Kitchens said parking would be
underneath and they will meet the FEMA standards. Susan Hill asked if Kitchens had a plat that shows
what he wants to do. Kitchens said he would have it for the Meeting. Bill Garbett asked what the
Variances are. Anderson said from Section 3-020, Continuance of Nonconforming, of the Land
Development Code. Kitchens said Dick Smith is going to represent him at the Planning Commission
meeting. Tsoulos said to note that it is not 400 feet Kitchens is adding; it is 200 feet. She told Kitchens it
was on the Agenda.
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Zoning Administrator Dee Anderson said petitioner Steve Watson wants to add text to the Maritime
District to allow single and two-family dwellings, over commercial space. Chuck Powell asked if this would
change the definition of Maritime District, which would be a request for a zoning change rather than a
Text Amendment. Anderson said no, it is a Text Amendment to put the use in for Special Review. Powell
said in the original [Ordinance] there is no provision for family dwellings. Anderson said there was until
about three years ago when residential use was taken out. Chairperson Lawanna Tsoulos said residential
would be an allowed use after Special Review. Tsoulos said this is the type of Hearing when they are
allowed to have ex parte communication, unlike the other petitions on the Agenda.
Mark Cadman and Joe Jones represented a Sketch Plan Approval petition with Zoning Variances for 15
Silver Avenue, Zone C-1, PIN 4-0008-06-035. This was for a 6-unit condominium building. The first Land
Development Code Zoning Variance was from Section 3-080 (B), Control of Access to Residential Uses,
and the other was from Section 3-090, Development Regulations. Barry Brown asked if the project could
only have a 25-foot driveway opening at the property line. Dee Anderson said that was correct.
Chairperson Lawanna Tsoulos said they are asking for 66-feet. Cadman said the other Variance is for the
porches. The plan showed the porch for each unit extending 6 feet into the front setback. Tsoulos said
because this is a residential use in C-1 they have to conform to residential setbacks. Chuck Powell asked
that when Cadman and Jones come to the Hearing they explain the hardship because Variances are
granted due to hardship. Cadman said it is mainly for aesthetics. Rachel Perkins said they are lacking a
survey of the existing property. Cadman said the lot is vacant and this is a Sketch Plan. Bill Garbett asked
if Jones was requesting two Variances. Cadman said yes, the access driveways and the porches. Cadman
said they are providing three parking spaces per unit. He also said according to the calculation, they
could build seven units, but they are only going to do six units. Tsoulos said he would need the driveway
Variance regardless of whether they put the maximum number of units if he keeps with the same design.
Anderson told Cadman to fill out a Variance application to go along with the Sketch Plan application.
Tsoulos said they also need a survey. Cadman said it has been ordered. Tsoulos said it was not required
for a Sketch Plan. Tsoulos said it will go on the Agenda for June 20 as a Sketch Plan. Cadman said he will
not be attending but Jones will.
Chairperson Lawanna Tsoulos said the Planning Commission needs to appoint a member to the Ethics
Advisory Board. Tsoulos said she has had conversations with Linda Gladin, and the meetings will be
afternoons and initially there may be multiple meetings. Chuck Powell nominated Susan Hill. Sandy
Chandler seconded. Tsoulos asked Hill if she would accept the nomination. Hill said yes. The vote in favor
was unanimous.
Rachel Perkins said the Planning Commission paperwork says a Member can miss up to four meetings,
and she will be gone July, August and September. She said she missed one meeting in the spring. Perkins
said missing four meetings is within her rights as a Planning Commissioner, but she does not want it to
cause any burden. She said she will be here October, November, and December. She said she would like
to continue with the Planning Commission, however if the Commissioners felt uncomfortable with having
the seat vacant she would offer her resignation. Perkins said she spoke to a couple of the Council people
and they said they would rather see her stay then to bring on somebody that would have a learning
curve. Chairperson Lawanna Tsoulos said the learning curve is very steep. She said she would like
Council to start thinking a year out of the people they would like to serve on the Planning Commission so
those people could attend meetings and trainings so they would be somewhat up to speed when they
take office. She said this is something they may want to propose to Council. Tsoulos said they would not
have to be ironclad nominees, rather a pool of people that could be drawn from. Perkins said Brian
Renner served on Planning Commission. She asked if a temporary can be on Planning Commission. City
Manager Diane Schleicher said no. She asked about the terms of the Members. Zoning Administrator Dee
Anderson said there would be five Commissioners going out at the end of this year. Tsoulos said the
alternatives for Perkins are to: stay on and ask for excused absences, or resign and Council would
appoint someone to fulfill her term. Chuck Powell said he thought they should keep Perkins. Brown said it
is important that everybody be here. Anderson said by the time Council fills the spot Perkins would be
back. Tsoulos and the Commissioners talked more about having a pool of candidates. Tsoulos told
Perkins the consensus of the group was that she remains on the Planning Commission. Tsoulos confirmed
Perkins would be absent July, August, and September. Susan Hill asked if it was appropriate for Perkins
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to email her input but not vote. Tsoulos said that would fall into the realm of ex parte communication.
Tsoulos said Perkins will be able to get Minutes of the Meetings to stay informed.
Chairperson Lawanna Tsoulos asked Dee Anderson about the Sample Comprehensive Plan Scope of Work
that was included in the Commissioners’ packets. Anderson said it was for them to look over. He said the
Master Plan is to be redone this year, and they will be getting much more information. Tsoulos asked if
RDC [Coastal Georgia Regional Development Center] would guide them through the process. Anderson
said he did not know if they would be using RDC or MPC [Metropolitan Planning Commission]. Tsoulos
asked when it had to be done. Anderson said 2008. He said the demographics of the island have changed
and the average house cost was $29,000 in the 1992 Master Plan.
Chairperson Lawanna Tsoulos said it would be helpful to have a synopsis of what is needed for a Sketch
Plan, a Preliminary Plan, and a Site Plan. She said the Commissioners would then know what they need
to be addressing at each step. Dee Anderson said it would come from Section 5-040 (G) of the Land
Development Code [Application for Permits or Actions].
City Manager Diane Schleicher said when the Planning Commission is approving a plat, the developer’s
agreements or promises to the City are not recorded anywhere except maybe vaguely in the Minutes.
Schleicher distributed a sample Developer’s Agreement for a subdivision. She said Tybee’s would not
need to be as detailed as the sample, and a lot of it is redundant, but basically in the Agreement the
relevant information is stated. She talked about the importance of holding developers accountable.
Schleicher said things can be recorded on the plat and also referenced in the Agreement. The Agreement
would also cover costs, such as plan reviews. She said the Agreement could include upfront cash deposits
that could be drawn upon, as well as bonds for improvements. Barry Brown said bonds are used for new
subdivisions. Schleicher said there is a bonding mechanism but it is not as formal. Schleicher said what
she is suggesting is a more formal and interactive way of doing it. She said one of the conditions for
having a final plat approved would be entering into a Developer’s Agreement. Schleicher said then if a
developer sells an approved plat, the Developer’s Agreement is assignable and goes with the plat. Barry
Brown suggested it also be used for Variances. Susan Hill and Chuck Powell agreed. Schleicher told them
it would not have to be as complicated as the sample and would decrease misunderstandings.
City Manager Diane Schleicher asked if they would be interested in requiring commercial site plans to
show bicycle racks. Rachel Perkins said that was a recommendation of one of the committees. Barry
Brown said some bike racks are taking up good parking spaces. Dee Anderson said the ones at the
parking lot have been moved to between the lift station and the fence. Chairperson Lawanna Tsoulos said
they need to think about asking for bike racks. Tsoulos suggested both the Developer’s Agreement and
the bicycle rack issues be discussed again at the next Agenda Meeting. Barry Brown asked if a Variance is
passed on to a buyer. Anderson said it goes with the property. Powell asked if changes would void it.
Anderson said any changes would have to come back to the Planning Commission.
Chairperson Lawanna Tsoulos said in regard to Variances, a hardship applies to a piece of property. She
said according to Tybee Code, but the hardship belongs to the property, not the person. Barry Brown and
Sandy Chandler talked about a hardship being an irregularity of a piece of property.
Chairperson Lawanna Tsoulos said that when petitions come before Planning Commission, if there is any
reason they feel they should not move forward, then is the time to address it. She said one of the
Planning Commissioners needs to make a motion to Continue. Tsoulos said it is real important to keep
this in mind. She said that during the Hearing, prior to the vote, if they want to Continue a petition, that
is their right and privilege. She said that once they have voted it is too late. Tsoulos said another thing
they can do is Table a petition and move it to the end of that night’s Agenda. Tsoulos said these are
mechanisms they can use to not hear something that they are uncomfortable with. She said that once
the Commissioners vote, the vote belongs to the Commission as a whole and the Minutes will reflect how
each person voted. She said for any motion that is made, any Member can abstain from voting and state
the reason so it will be reflected in the Minutes. Tsoulos said once it goes to City Council, the vote is for
the Planning Commission as a group. She said Planning Commissioners would not go to the podium and
say, “I am on the Planning Commission and I voted against that,” and then tell Council why. She said if
during the Public Hearing it comes to light that the Planning Commission was lied to, either purposely or
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by omission, a Commissioner should bring that to the Planning Commission Chair and the Chair would
approach City Council. Tsoulos said any concerns about Planning Commission business would always flow
from the Planning Commission Member to the Chair to City Council. Rachel Perkins said she went up at
the last Council Meeting. She said she was very uncomfortable at the Planning Commission Meeting when
they got a brand new plan. She said she got overwhelmed and voted for it. She said now that she has
this understanding of how to deal with it, that is how she would deal with it. Tsoulos encouraged them to
speak up if they are not comfortable with something. She said the people that are developing have
money at stake, and the people want to move forward, and the Planning Commission gets caught up in
that. Tsoulos said it is the Planning Commission’s prerogative to slow that down if there is something
they need. Barry Brown said they can go up and voice their opinions in an open meeting; just do not
state that they are a Planning Commission Member. Tsoulos said they can state they are a Planning
Commission Member and speak to an issue; they do not lose their First Amendment rights. She said they
would speak to the issue as an individual and not bring Planning Commission business into it. Tsoulos
said at Agenda Meetings she would like them to look at issues like this that have come up.
Chuck Powell said he had a request from someone at the last Hearing that the Planning Commissioner’s
names appear on the Agenda. Following discussion it was decided that Staff would add the names to
future Agendas.
City Manager Diane Schleicher said the Audit Committee recommended that the website have a stronger
disclaimer or state that it is under construction as far as Ordinances.
The Agenda Meeting was adjourned.