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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Marianne Bramble
Randi Bryan PLANNING AND ZONING MANAGER
Jay Burke, Chair Jonathan H. Lynn
Rob Callahan
John Major, Vice Chair CITY ATTORNEY
Monty Parks Edward M. Hughes
MINUTES
Planning Commission Meeting
October 19, 2010 – 7:00 p.m.
Chair Jay Burke called the October 19, 2010, Planning Commission meeting to order. Other
Commissioners present were: Demery Bishop, Marianne Bramble, Rob Callahan, and Monty Parks.
Absent were Randi Bryan and John Major.
Chair Jay Burke asked for a motion on the Minutes of the September 21, 2010, Planning Commission
meeting. Monty Parks moved to approve. Rob Callahan seconded that motion. The vote in favor of the
motion to approve was unanimous.
Chair Jay Burke asked if there were any Disclosures or Recusals. Monty Parks explained that he would
recuse for the 211 Butler Avenue request due to a business relationship. Marianne Bramble stated that she
would recuse for the 211 Butler Avenue item because she lives behind the property. Jonathan Lynn said
that the Planning Commission would not be able to vote on the 211 Butler Avenue request because there
would not be a quorum. He said that they should hear it but not take a vote.
Chair Jay Burke opened a Public Hearing for a Zoning Variance at 9-A Thirteenth Street, PIN 4-0007-
05-029, Zone R-2. The petitioner and property owner was Judy Degenhardt. The request was a variance
from Section 3-190(B) for construction of a swimming pool in a front yard at an attached duplex.
Jonathan Lynn said that the existing use for the property was single-family residential and the Community
Character Area was Beachfront Neighborhood. He explained that because it was a duplex it had three
sides and only one without an easement that would meet the requirements for the pool. Degenhardt said
they moved here in January and did not have any idea about the restrictions. She said that they assumed
the front yard was the beachside. Degenhardt said they have a stucco wall on the street side so nobody
would see the pool so it would not be detrimental. Demery Bishop asked Degenhardt if at the time she
purchased the property, under her due diligence, she explored the regulations that would be applicable to a
pool. Degenhardt said no, she had no idea there was a front yard restriction. Bishop said the HVAC was
located on that side of the house. He asked how that would be relocated. Degenhardt deferred to Jeff
Cramer, her architect. Monty Parks said that the letter from Cramer said Tenth Street. Cramer said that it
should be Thirteenth. He said there was a 20-foot setback on Thirteenth Street and a 20-foot setback on
the oceanside. He said that the 20-foot setback had to be toward the ocean because otherwise the other
unit would not have a 20-foot front setback. Cramer spoke further about the setbacks and the proposed
pool. Bishop and Cramer discussed. Rob Callahan asked if Tybee defined the front yard as that side of a
residence that faces a road. Lynn said no, the front yard setback just has to be 20-feet and can be on either
of the sides of the property. He described the survey for the property. Degenhardt asked if they considered
the overall look. Lynn said that they are not to interpret aesthetics. Burke asked for public input. There
was none. Marianne Bramble said that they did not address the air conditioning units. Cramer said that
they have not addressed that because they want to make sure they can put the pool in first. Burke closed
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the Public Hearing and called for a motion. Bishop moved to deny. Parks seconded the motion. The
motion to deny passed with a 4-0 vote. City Council would consider the request on November 18.
Chair Jay Burke opened a Public Hearing for a Zoning Variance at 1210 Lovell Avenue, PIN 4-0007-07-
003, Zone R-2. The petitioner/property owner was Rusty Black. The request was a front setback variance
for a deck with roof at an existing single-family dwelling. Jonathan Lynn said that the Community
Character area was Inland Cottage Neighborhood. He explained that the proposed 12-foot deck would
decrease the existing 20-foot front setback. Lynn said that the reasoning behind the variance request was
the number of windows on the front of the property and that the deck would block the sun. Rob Callahan
asked the width of the right-of-way. Lynn said that it was 60-feet. Marianne Bramble asked how hot it got
in the living room in July at 3:00 pm. Black said 84º or 85º with the air conditioner running. He said that
on that side the house has nine windows. He said they built the house in 1990 and came on weekends, and
have now retired and moved there fulltime. Black said that they put in a new air conditioner this summer
to try to help but if they could get a little more roof over it to block the sunlight it would help
tremendously. Demery Bishop asked what other options had been explored to mitigate the heat. Black
said he thought about Bahama blinds but that would block their view and that was why they put so many
windows in that room. Monty Parks asked if a variance would be needed for an awning. Lynn said no.
Bishop asked if thermal windows had been considered. Black explained that they put in new double-
paned insulated windows five or six years ago and they helped some but not much. Bishop asked if it was
a pre-existing deck that was enclosed. Black said no, it had always been the front wall of the house. Parks
asked if it would be Black’s intent to put a door in the front to get onto the deck. Black said yes. Parks
asked about a stairway. Black said no. Bramble said that he was asking for 12-feet. She asked if he was
willing to negotiate. Black said sure, but he had talked with a couple of builders and they said that he
needed 12-feet in order to get enough slope to block the sun. He said that he would probably accept
anything they would give him but he would hate to go 8- or 9- or 10-feet and it not do the job. Bramble
asked, with rising electrical bills, would this be considered a hardship. Lynn said according to our
definitions, no. Bishop asked if there were other alternatives. Black said that he called in two builders and
they both said extending the roof. Burke asked for public input. There was none. He closed the Public
Hearing and called for a motion. Callahan moved to deny. Parks seconded the motion. Voting in favor of
the motion to deny was Bishop, Callahan, and Park. Bramble voted against the motion. The motion to
deny passed with a 3-1 vote. The request would go to City Council on November 18.
The next item was a Zoning Variance request for 404 Butler Avenue, units 415, 425, 435, and 445;
PINs 4-0004-20-051, -056, -061, and -066; Zone C-1. The petitioner and property owner was Alex
Salgueiro. The request was a front setback variance for existing condominium units. Jonathan Lynn
explained that the request had been withdrawn by the applicant and would be placed on the November
Planning Commission agenda.
The next request was for Site Plan at 211 Butler Avenue, PIN 4-0004-08-004, Zone C-1. The petitioner
was Paul Theron for property owner Ronnie Navon. The request was occupancy of a rooftop deck.
Marianne Bramble and Monty Parks recused. There was not a quorum to hear the request. Jonathan Lynn
said that it could be discussed and go to City Council without a recommendation so as to not hold up the
applicant. He said that all of the discussion and comments would go with the Minutes to City Council.
Lynn explained the request. Demery Bishop clarified with Lynn that the lower portion of the structure
would be commercial. Lynn read the allowed uses in a C-1 zone. Bishop and Lynn discussed the two
residential units to be located above the commercial space. Bishop asked Theron if the entire deck area
would be utilized for occupancy by the residents of the second floor only. Theron responded yes, and only
for the second unit because the first unit has its own deck area on Third Street. Bishop commented that it
was a large deck area. Theron agreed. Bishop asked Lynn if the commercial area would be allowed to use
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the deck as a spillover area. Lynn said they would not be able to. He said that if it became a commercial
use the construction of the deck would have to be different. He said that if they wanted commercial use
they would have to start the process over again. Bishop asked if they would have to come back for Site
Plan approval. Lynn said yes. Bishop confirmed with Theron that the deck would be for private
residential use only for unit two. Theron said that was correct. Bishop said that there was more square
footage for the deck than actual living space. Theron agreed. Burke called for public input. There was
none. He closed the Public Hearing. Burke asked if there was a recommendation for Council. Rob
Callahan said that he would recommend against it. Bishop said that as presented, he would have no
problem with it as long as it was residential only. Bramble and Parks had recused. Lynn said that it would
go to City Council on November 18.
Chair Jay Burke opened a Public Hearing for Special Review at 1518 Fifth Avenue, PIN 4-0008-11-007,
Zone R-2. The petitioners and property owners were Leuveda and Ron Garner. The request was a guest
cottage. Jonathan Lynn said that the use for the structure was intended to be a storage/accessory building.
He said the Community Character Area was Inland Cottage Neighborhood. Lynn said that the Garners
would like to convert the accessory structure into a caretaker’s cottage. He said that use was permitted in
an R-2 district after Special Review. He provided the definition of a caretaker’s cottage. He said that the
applicant would raise the building to conform to the required FEMA regulations. Lynn said that Staff has
worked with the applicant for quite some time. He said that Staff found out about it when it was
advertised as a vacation rental; it had already been converted. He said that they have since ceased the
operation as a rental property. Rob Callahan said that it would be raised by 3-feet. He asked if that was
sufficient to meet the FEMA regulations. Lynn said that the City would require an Elevation Certificate
for the bottom floor to ensure that it does meet the FEMA regulations. Demery Bishop asked if you
modify an existing structure in any way does it have to be elevated. Lynn said that if you repair or
improve at greater than 50% of the value of that structure it is required to come into compliance with
FEMA regulations, however, this was going from an accessory structure to a habitable building so it was
changing its entire use so it would be required to meet the FEMA regulations at that point. Bishop asked
if it had been inhabited previously. Lynn said that the City found it being advertised as a vacation rental
and notified the applicant that it was not allowed and provided the options. Monty Parks asked if it could
be a rental. Lynn said that it would not be allowed to be a rental property; the Garners could have people
staying there but it could not be a rental property. Parks and Lynn discussed. Bishop asked if the footprint
would be identical. Leuveda Garner said absolutely; the only change would be for the steps but they
would still meet the setback requirements. Bishop asked if her intention was strictly a caretaker’s cottage,
not rental property. Garner said that they had rented it in the past but are not planning to get into that
business anymore. She said that it was just a whim of hers to put it on the vacation rental by owner and
that was a big mistake on her part. Garner said that her husband had advised her not to do that because
they would find themselves where they are today. She said that she has looked at the code and there was a
big difference in the definitions between a guest cottage and a caretaker’s cottage, and a guest cottage
says that you could not rent it but a caretaker’s cottage does not address that at all, but they are not
planning to rent it. Marianne Bramble verified with Garner the step locations. Burke asked for public
input. There was none. He closed the Public Hearing and called for a motion. Bishop made a motion to
approve. Parks seconded. The vote was unanimous. The motion to approve passed with a 4-0 vote. The
request would be considered by City Council on November 18.
Chair Jay Burke said that the next Planning Commission meeting would be, Monday, November 15,
instead of Tuesday, November 16.
Demery Bishop motioned to adjourn and Rob Callahan seconded that motion. The vote was unanimous
and the meeting adjourned.