Loading...
HomeMy Public PortalAbout20070813_PC_agenda_mtg_min 1 PLANNING COMMISSION CITY MANAGER Libby Bacon Diane Schleicher Demery Bishop Charlie Brewer Barry Brown, Chairperson Sandy Chandler Bill Garbett John Major CITY ATTORNEY David Postle Edward M. Hughes Chuck Powell, Vice Chairperson MINUTES Planning Commission Agenda Meeting August 13, 2007 – 7:00 p.m. Chair Barry Brown called the August 13, 2007 Planning Commission agenda meeting to order. Other Commissioners present were: Libby Bacon, Demery Bishop, Charlie Brewer, Sandy Chandler, Bill Garbett, John Major, David Postle, and Chuck Powell. Chair Barry Brown stated that at this meeting the Commissioners would be looking at documentation and would be saving their questions for the meeting on August 21. Michael Godbee represented a Zoning Variance petition for Lot 121 Miller Avenue, PIN 4-0005-16-007A, Zone R-2. The Variance was from Section 5-010(K) of the Land Development Code, Prohibit Placing Materials in the Marshlands. Godbee’s request was to bridge wetland in a portion of an unopened Miller Avenue right-of-way and to fill wetland on Lot 121. Godbee spoke about a drawing he had submitted. Libby Bacon asked if he had drawn the footprint. Godbee said that was correct. Bacon said that one reason it had been continued was that they wanted to see a current wetland delineation. She asked if he had that done. Godbee said no, that was DNR. Bill Garbett said the wetland delineation that the DNR did was only valid for one year and Godbee’s was a 2004 survey. Godbee read from Minutes of a previous meeting. He spoke of having asked if he could just draw it on and that he had been told yes. Bacon read from the Minutes of a previous meeting that they were waiting for a revised delineation and Godbee was advised to get with Staff. Godbee said he got with [City Manager] Diane [Schleicher] and she said to go with the drawing. He spoke of the DNR having gone to the site but that he had not paid for a survey. Godbee spoke of it being a manmade ditch. He said that when he bought the lot he did his due diligence with the Corps, with the state, and he went back and got up-to-date letters from the DNR saying that there was no expiration on those letters, and that he had letters from the City when he bought the property concurring that it was okay to cross the ditch. David Postle said that they had requested an updated copy of the Corps of Engineers’ document in relation to the wetland issue. Referring to Postle, Godbee said he was not sure who he was but he knew Postle spoke against him at one meeting and now he was in front of him. Postle said he was trying to make sure that Godbee understands what additional information the Commissioners need so they could move his case forward. John Major spoke about vegetation on the property that is indigenous to beaches and marshlands. He said that they had asked that Godbee show what wetlands are going to be altered or disturbed. Major said that under the Coastal Marshlands Protection Act issued in 1970, Godbee is required to have a permit to alter any of marshland and it requires that Godbee explain the methods and the details of the project and also that he have a letter from the City saying that he is not in violation of any of the City’s ordinances. Major and Godbee discussed fresh water wetland at the property that fills with salt water at high tide. Major said that Godbee was being asked to show what he was going to do about the marshland and any wetland, not just the fresh water wetland. Godbee asked if that was not what the drawing was. Major asked Godbee if it was his intent to fill in the marsh. Godbee said that he was not a wetland consultant. He asked if Major was. Godbee said that the Corps of Engineers was who he counted on to delineate the property. Godbee said there were two spots: crossing the wetland on the ditch and then on the lot. He said he would be proposing to cross the ditch and fill the fresh water spot with a nationwide permit with the Corps of Engineer. He read again from the Minutes of a previous meeting. Chair Barry Brown asked the Commissioners if Godbee needed to get a geographic topo of the lot in order to prove that he can build on it without encroaching in any wetland. Major said he wanted to know if there are marshland there that are going to be impacted. He said it was the same 2 thing [City Attorney] Bubba Hughes asked Godbee. He said they needed to know what the impact was going to be on Lot 121. Garbett spoke of the DNR’s delineation of coastal marshland being valid for a year. He said they were asking for a current delineation of the marshland on the property. Godbee and Garbett discussed the issue. Chuck Bargeron recounted the meeting he attended with Godbee and Schleicher and that Godbee only wanted to gain access to the property. Godbee said yes. Major stated that Godbee was willing to spend the money to bridge and then come back and talk about the wetland as opposed to spending whatever it would cost to determine whether or not the property was buildable. He talked further about that. Garbett asked Godbee if he was in possession of a letter from John Wynn addressed to Godbee dated June 14, 2007 regarding the topographic survey of unopened Miller Avenue. Godbee said he had it. Garbett said he would read it. Godbee said that Garbett did not have to read it; he did understand it. He said he was not disagreeing on the one year. Garbett read the letter. He said they do not have the new delineation. Godbee said that the letter came by his initiation to the DNR. Garbett said no, it came because the Planning Commission asked him to check on it. Godbee spoke of additional expenses. Brown talked with Godbee about a 25-foot marsh buffer on Lot 121. Godbee said that the City of Tybee has to recognize the letters giving him the variance within the 25-feet. Charlie Brewer requested that the Commissioners give a basis for asking for their requests. He said they are asking for DNR delineation when Godbee was just asking to cross the ditch. After Brewer spoke further about other questions that had been asked of the petitioner, Brown said that the intent was to verify that Godbee could build prior to giving the okay for the road. After further discussion, Garbett said that Godbee was asking to cross approximately 50 feet of saltwater marsh to get to the property and then he was asking to fill in fresh water wetland to build the home and that was why they asked the last time that he put the whole thing together as a package so they could vote on the whole thing. The group discussed the issues. Brown stated that Godbee was fully aware that he could get to the lot and then not be able to build on it. Godbee read again from Minutes of a previous meeting. Brewer requested that Godbee put a matrix together outlining each key point. Garbett read Godbee’s description of the variance from the application he had submitted, which was for the entire project. Godbee asked how it was his job to police his investment relative to things being passed. He said he would put together a matrix. He asked if he had to get a new survey prior to the next meeting because he did not think that was possible. Postle said that according to John Wynn, Tybee has the initial and final decision on whether or not Godbee would be permitted to build on Lot 121 because DNR would honor whatever decision the City of Tybee makes. He said that in February of 2007, DNR passed a new law that makes it extremely difficult for their Shore Protection Committee to grant approval to fill the marsh and/or neighboring wetland for the purpose of construction on a lot that would be determined to be substantially marshland. He asked Godbee if he was aware of that new state law. Godbee referenced a letter about alternative building techniques. The group discussed a project by Tybee resident Bernie Goode. Garbett suggested delaying the petition until Godbee presented a current delineation. The spending of additional money for a survey was discussed by Godbee. Brewer asked again for a matrix. It was discussed who legally owns the lots. Brown asked Godbee if he could bring proof that he owns the lots. Godbee said yes. The petition was placed on the August 21 agenda. Demery Bishop asked if Godbee was required to bring a matrix. Brown said that was what Godbee said he would do. Bishop asked Godbee if that was clear. Godbee said yes. When Brown requested that it be a PowerPoint presentation, Godbee said he would figure something out. Godbee was told by Brown to handwrite a version of it and turn it in to Bargeron by Thursday so it could be reviewed over the weekend. Harold Yellin represented a Zoning Variance petition for Samuel Meyer and Anne Cabaniss at 1811 and 1813 Butler Avenue, PINs 4-0009-08-004B and 4-0009-08-004C, Zone R-2. The request was a front setback variance for stairs. The variance was from Section 3-090(A) of the Land Development Code, Schedule of Development Regulations. Yellin explained the petition. Chuck Powell asked that Yellin come to the regular meeting prepared to explain the hardship. John Major asked Yellin to explain “relocate existing stairs” which was stated on the Variance form. The stair project was discussed. Yellin talked about the homes being recently renumbered to 1813 and 1815 Butler Avenue. Sandy Chandler said that the stairs could be reconfigured in any number of ways that would not bring them that much into the setback. Powell asked to see the line down the street. The 80-foot right- of-way of Butler Avenue was discussed. The group agreed to put the item on the agenda for August 21. Lou Off represented a Zoning Variance petition for Chapel by the Sea at 809 Butler Avenue, PINs 4-0005-21- 006 and 4-0005-21-007, Zone R-2. The request was for a front setback variance for a church entrance. The variance request was from Section 3-090(A) of the Land Development Code, Schedule of Development Regulations. Chuck Powell asked Off to come prepared to tell them why it could not be in line with the existing entrance rather than out 2 more feet. The request was placed on the August 21 agenda. 3 * * * * * Margaret Stone represented a Zoning Variance petition for herself and Robert Parker at 29 Van Horn, PIN 4- 0002-18-001, Zone R-1. The request was a front setback variance for an entryway. The variance request was from Section 3-090(A) of the Land Development Code, Schedule of Development Regulations. Stone said that their property sustained some fire damage from the fire at 32 Van Horn. She said they have stairs that come onto the City sidewalk. She said she proposes turning those and taking up a concrete slab to create greenspace. She said they would not come out any further than the existing steps. John Major asked if the current steps were gone. Stone said yes. She said they were unsafe. She spoke of the project being a covered entryway. Chair Barry Brown asked Stone if it would be a covered porch. Stone said yes. Bill Garbett asked how close it would be to the property line. Stone said it would not come out any further than the steps. She said the porch would come out 7 feet from the house. Major asked if the new space would be 29 feet long. Stone said she wanted to add to the historic feature of the house. Demery Bishop asked if it would be a safer entry and exit. Stone said yes. David Postle asked if there would be a safety railing. Stone said yes. After the drawings that had been submitted were discussed further it was agreed to put the petition on the agenda for Tuesday, August 21. Shell Solomon represented a Site Plan Approval petition for 802 First Street, PINs 4-0019-02-010 and 4-0019- 02-036, Zone C-2. The request was for a two-story addition to an existing commercial building. Site Plan Approval is addressed in Section 5-080 of the Land Development Code. Solomon explained that they wanted to enclose the existing space on a deck and move the Visitor’s Center there. He said the art gallery would be going to another location on the island. He said that eventually First National Bank would move into the corner. Solomon said they were not asking to displace any more roof space than they already have. He spoke of the new second floor being meeting space for the Tybee Tourism Council. He explained that the ramp would be eliminated and replaced with a lift. Sandy Chandler asked if the two-story section would be facing Highway 80. Solomon said that was correct. David Postle asked about trimming or cutting trees. Solomon said there was one large branch that would have to come down. Postle asked about an elevator for handicapped access to the second floor. Solomon said that the second floor would be for offices and not for public access. The Commissioners agreed to place the item on their agenda for August 21. Harold Yellin represented a Zoning Variance petition for Lou Kietzman at 21 Pulaski Street, PINs 4-0001-02-016 and 4-0001-02-017, Zone R-1. The variance request was from Section 5-010(J) of the Land Development Code, Shore Protection with Variance Clause. The request was to build two single-family structures. Yellin explained that City Council said that there was additional information that the Planning Commission did not hear so it was sent back. He spoke of 4 items they had not seen: a DNR application from Environmental Services, Inc., a concept plan that showed the two houses 33 feet apart, photos of other bunkers, and an engineering report from Saussy Engineering, LLC. He said that out of an abundance of caution they reprinted everything that had ever been before the Planning Commission and Council. Chandler said there had been no substantial change. He said it was still behind the dune protection line. Yellin agreed. Chandler said it existed in an active dune field. It was discussed that it was a Variance for the Shore Protection Line only. Chandler said that nothing changed since the last time they looked at it and he did not see a reason to put it on the agenda. It was discussed that Council asked the Planning Commission to do it. All of the Commissioners except for Chandler agreed to put it on the agenda for August 21. The Commissioners discussed the Coastal Protection Ordinance. This was a proposed Text Amendment. John Major recommended that in light of the agenda for the next meeting that they consider delaying it for another meeting. Demery Bishop said that his subgroup was waiting for a response to their request for a meeting with the DNR. Charlie Brewer said that the Text Amendment ought to be resolved before the Kietzman issue. They discussed the Kietzman petition. It was decided that in September they would place the Text Amendment on that month’s agenda. Charlie Brewer said that he would conduct Ethics Ordinance training for the Commissioners at the September meeting. The meeting adjourned.