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HomeMy Public PortalAbout20060912_agenda_mtg 1 MINUTES Planning Commission Agenda Meeting September 12, 2006 – 7:00 p.m. Chair Lawanna Tsoulos called the September 12, 2006 Planning Commission agenda meeting to order. Other Commissioners present were Charlie Brewer, Barry Brown, Sandy Chandler, Bill Garbett, Susan Hill, and Chuck Powell. Absent were Honor Hutton and Gene Kindrick. City Staff present were Dee Anderson and Dianne Otto. This meeting was held on Tuesday because of the Patriot Day holiday on Monday, September 11th. Tsoulos explained to the audience that the purpose of the meeting was to look at the petitions and determine whether or not they are appropriate for the Planning Commission to hear on September 18th. Linda Gladdin, Chair of the Ethics Advisory Board, said the Audit Committee concluded that the existing Ethics Ordinance had limited use, was full of holes, and included no implementation or enforcement support. She said in the summer of 2005 the Audit Committee got permission from Council to draft a new Ethics Ordinance. Gladdin said Council later approved the creation of the Ethics Advisory Board with members appointed by Council. She said their mission was to deliver to Council a comprehensive draft Ethics Ordinance. Gladdin said Tybee Island was a Certified City of Ethics and to reclaim that certification the Ethics Ordinance was required. Gladdin invited the Planning Commissioners to be a part of the process. Keith Gay represented a Site Plan Approval petition for Coral Investment Group at 1213 Highway 80, PIN 4-0026-02-007, Zone R-2. Gay said the drainage plan is not complete. Bill Garbett asked if the drawing was final. Gay said yes. He said that a 6-foot setback is required and they are 7 to 8 feet. He said the building that was part of the old structure is in good shape and they are going to move it around and there would be a roof over a deck for shade. Garbett asked if drainage modifications were required. Gay said they have enhanced the drainage from the original plan and they are within a day or two of having the drainage plan. Susan Hill said they rely on expertise for the drainage and it can bypass the Planning Commission on the way to Council. Tsoulos said the petition would be on the agenda. Howard Reeve represented a Zoning Variance from Section 5-010 (J) of the Land Development Code, Shore Protection with Variance, for 1 Shirley Road, PIN 4-0021-17-017, Zone R-2. Reeve said the plan is to build a duplex on lot 45, past the Tybee shore protection line. Barry Brown asked if the only variance was the Tybee line. Dee Anderson said Reeve would be going through the state line. Reeve said it was a minimal amount. Chair Lawanna Tsoulos asked if the structure would go to the toe of the dune. Reeve referred her to the drawing of the proposed building and discussed the drawing with the Commissioners. Tsoulos said the petition would be on the agenda. Hubert Ellzey represented a Zoning Variance at 1 Shipwatch Circle, PIN 4-0021-17-017, Zone R-1-B. Barry Brown asked when the building permit was issued. He said this was an after the fact variance. Zoning Administrator Dee Anderson said the permit was issued in 2004. Ellzey explained that he spoke with Chuck Bargeron about replacing the existing stairs and Bargeron told him he needed a letter from the Shipwatch Association, a plat of the property and a drawing of the stairway. Ellzey said the plat was nonexistent so in lieu of the plat Bargeron told him to get a tax plat and draw the house on it and give the dimensions. Ellzey said he asked Anderson and Bargeron if he could build the stairs himself. He said during a site visit Anderson said there was no problem, there was plenty of room. Ellzey said in April of 2006 Bargeron called about the stairs. Ellzey said he had a meeting with City Manager Diane Schleicher and she advised him to go for a variance. Chair Lawanna Tsoulos asked if it was on Polk Street. Anderson said yes. He said Ellzey is over the property line and into the right-of-way 3 feet. Ellzey said City officials said he had plenty of room so he built. Tsoulos asked which was the front of the house. Anderson said the front is Shipwatch Circle which is not where the stairs are. Anderson said in 1987 when the subdivision was approved the Ordinance called for a 20-foot setback on either side of a corner lot. He said they were trying to help Ellzey save money from getting a survey. Anderson said apparently when the subdivision was laid out all of the houses got a variance to have a 10-foot setback instead of 20-foot. The importance of having a current survey when applying for a building permit was discussed. Ellzey said the stairs do not harm a soul and were built in good faith. Tsoulos said the petition would be on the agenda. Brett Bouy represented a Zoning Variance from the Land Development Code Section 3-090, Schedule of Development Regulations, at 11 Sixth Street, PIN 4-0005-07-005, Zone R-2. Bouy said he wants a deck extension on the Butler Avenue side and also a deck on the front of the house. Bill Garbett asked that the 2 setbacks to be shown on the Site Plan. The drawings and setbacks were discussed. Sandy Chandler asked why Bouy did not put Sixth Terrace as the front of the house. Bouy said he did not mind doing that; he was going off the address he actually has. It was discussed and agreed upon that Bouy would change the address so he would not need a variance. Tsoulos said the petition would not go on the agenda. Tom Sullivan represented Robbie Groover for a Zoning Variance from the Land Development Code Section 3- 090, Schedule of Development Regulations, at 201 Fifth Avenue, PIN 4-0004-13-002, Zone R-2. Zoning Administrator Dee Anderson said Groover owned all of the property where the Nature Trail is now and he had traded it with the City. Anderson said the plat showing the land swap was not done until after Groover started building the house and now his deck is actually over the property line. He said the drawing the Commissioners were looking at showed a proposed new lot line so he did not know if Groover was asking for a variance or if he is asking the City to do another land swap. Chair Lawanna Tsoulos said to do a land swap there has to be some equitable property. Barry Brown said it was something the City Attorney needed to work out. Tsoulos suggested it be on the agenda. Anderson said he would get with Groover and the City Attorney. Tsoulos said she has had some involvement with this so she will consult with the City Attorney to find out whether or not she should be part of the Hearing. Charles Vonashek represented a Site Plan Approval petition for 106 South Campbell Avenue, PIN 4-0003- 04-006, Zone C-2. Chair Lawanna Tsoulos asked if it was to be a restaurant. Vonashek said yes, and they will have 8 tables. Chuck Powell asked if the number of parking spaces was based on the number of tables rather than the square footage. Vonashek said yes. Zoning Administrator Dee Anderson said the requirement was one parking space per 4 seats. Powell said he calculated 17 parking spaces based on square footage. Anderson said that was for a convenience store or something like that; for restaurants parking is by the number of tables. Barry asked about a buffer. Anderson said there is a provision that allows a 10-foot buffer if the 20-foot can not be done. Chair Lawanna Tsoulos asked where the garbage would be. Vonashek said two cans would be in an enclosure and described the location. Barry Brown asked that it be shown on the Site Plan. Tsoulos told Vonashek the petition would be on the agenda. Tom Sullivan represented a Major Subdivision Final Plat Approval request for GSHP Properties, Inc. at 1318 Solomon Avenue, PINs 4-0026-02-027 and 4-0026-02-028, Zone C-2. Chuck Powell asked about access from Highway 80. Zoning Administrator Dee Anderson said there are existing curb cuts on Highway 80 for lots 1 and 2. Tsoulos said the petition would be on the agenda. Anderson asked if it would help if the original Subdivision plans were distributed with Final Plat Approvals. The Commissioners decided that would not be necessary. Chair Lawanna Tsoulos introduced a proposed Text Amendment to the Land Development Code Section 6- 040 (L), Exemptions; Signs Not Requiring a Permit, pertaining to sandwich-board signs. Zoning Administrator Dee Anderson gave an example of such a sign. He said the signs could only be out during a business’s hours of operation. Bill Garbett asked if it could be on the City’s right-of-way. Anderson said yes. Tsoulos asked if it could be in front of another business. Anderson said it could. Tsoulos said the item would be on the agenda. Chair Lawanna Tsoulos introduced a proposed new ordinance to the Land Development Code related to the Buffer Ordinance. Tsoulos told the Commissioners to study the model ordinance material. Anderson said the parts in italics are options they can either be plugged in or left out. Tsoulos asked why some of the text was highlighted in green. Anderson said he would find out. Tsoulos said it would be on the agenda. The group discussed an invitation from General Electric to the Commissioners and Enforcement officials to visit the Lighting Institute in North Carolina. Charlie Brewer said they would learn about lighting at the 3-day seminar on November 1, 2 and 3. Bill Garbett asked if it would include street lighting. Brewer said yes. Chair Lawanna Tsoulos told the Commissioners to let Dee Anderson know by Monday if they can go. Chair Lawanna Tsoulos said at the regular meeting they will elect an Ethics Board liaison to replace Susan Hill. Chuck Powell said he received a call from a person that was coming before the Planning Commission and the person told him that they had talked to all the Commissioners and they only needed his vote to make their 3 petition unanimous. The importance of not talking about petitions outside the Public Hearings was discussed. Site visitations were also discussed. All agreed that the petitioners are to be told that the issues need to be presented at the Public Hearings. The meeting adjourned.