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HomeMy Public PortalAbout12-0458 SUNSET VIEW LLCF a� 4 1 c� O h ti ti 0 w a� vl V •O O O v1 � S �a a� O AV' ^W^� �I W O O 24 W V� W Wo A;0.4 0 ci a c� v r4 M 0 ct O 4 O ,Vw1 VI a U ~ A o .. X � 0 " •� F a� 4 1 c� O h ti ti 0 w a� vl V •O O O v1 � S �a a� O AV' ^W^� �I W O O 24 W V� W Wo A;0.4 0 ci a c� v r4 M 0 a;ep a.in eu2ls *?no umolq 2ulaq woa; sljgap uollanj;suoa 10 ysell;uanajd o; se os jaule;uoa jo olsdwnp ay; aano paaeld aq lleys S3AOJ 3un:)3S a Aep aqj jo;;aafojd aqj uo saseaa Tom an113e uayM '691-ZZ 'aaS alep n4eugls .alod Allpin jo aajl a o44lwjad anoA Ileu 4ou oa •aa�. uol;aadsulaj a pue uol:padsul anoA gul ;e} ui jlnsaj lllm 4lwjad jnoA isod o; ajnlle3 •12aa,s ayl wojj alglslA Apeala aq;snw li uJad •A;aadoid aqj jo zuoa; ul palsod pue a�eas e o; pa4ae33e `8S0 ao poomAld y ;lm palaeq aq pinogs l! Alleapl '1I V4U3d 9Nlalind 3o 6NIlSOd sailnbaa L'SOL apo0 leuopeuia4u° Subject: Permits From: Thomas J. Rochefort (tomrcpa @gmail.com) To: mikeschulz59 @yahoo.com; cc: maggiev9@gmail.com; Date: Sunday, October 21, 2012 9:38 PM Mike, Hope your weekend was GREAT! Based on our discussion Friday PM re: the revocation of the Discovery Permit (DP), what is your plan for dealing with Ray tomorrow AM? I spoke & met with Barry Brown, the GC who had pulled the DP, on Saturday. He was surprised by it also, especially since it said that another GC was replacing the initial GC. As far as I'm concerned, Barry was/is the GC for the discovery phase of this project, which is ongoing & not completed (my understanding but maybe not Ray's or maybe not by defmition, I don't know). You are submitting the papers to get the next phase of permits, which I will call the "building permits ". The "building permits" would include plumbing, electrical, roofing, & whatever else is needed - from start to fmish - for rebuilding the structure & completing the entire project. Please confirm my understanding of this as it's critical that we be on the same page. I think it's important that you meet with Ray face -to -face sometime tomorrow, either (1) to complete the submittal process - all paperwork required submitted to him & review with him, then & there, if possible; or (2) to review with him after he has everything, any questions he has or any roadblocks thrown in our way. If you choose option (2), there is a chance that there would be no questions /problems & he will issue the permits; however, if there are any questions/problems, I feel that a face -to -face meeting will get you farther than on the phone. Please let me know if you need anything from me. Please call the 213.793.0981 number or text to that number or email to this address. I may not be able to answer the phone right away, but I will get back to you. If an emergency, send text & phone. Thanks!! Thomas J. Rochefort, CPA Cell: 213.793.0981 tomrcpa @gmail.com 1 of 1 10/22/2012 7:00 AM DATE ISSUED: 08 -20 -2012 WORK DESCRIPTION WORK LOCATION OWNER NAME ADDRESS CITY, ST, ZIP PHONE NUMBER CONTRACTOR NAME ADDRESS CITY STATE ZIP FLOOD ZONE BUILDING VALUATION SQUAREFOOTAGE OCCUPANCY TYPE TOTAL FEES CHARGED PROPERTY IDENTIFICATION # PROJECT VALUATION CITY OF TYBEE ISLAND BUILDING PERMIT DISCOVERY / TEAROUT ONLY 1216 FIFTH AVE -APTS SUNSET VIEW LLC 7395 HODGSON MEM DR SAVANNAH GA 31406 BARRY A BROWN CONSTRUCTION CO PO BOX 2618 TYBEE ISLAND GA 31328 $ 50.00 $3,500.00 PERMIT #: 120458 TOTAL BALANCE DUE: $ 50.00 It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, fire, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: it— P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 (912) 7864573 - FAX (912) 786 -9539 www.cityoftybee.org tt�z Property Address: City of Tybee Island, Georgia 912 - 472 -5033 or 912-472-5031 - Fax 912 - 786 -9539 APPLICATION FOR BUILDING PERMIT an5e ame Mailing Address Telephone Owner J F Home: Cell: Architect or Engineer �rry� �� P'p`Pap)ratolii Home: /�- Contractor a 1 t 3 Cell: - r (Check all that apply) ❑ Single Family Discovery/Tearout Duplex ❑ Footprint Changes – new Multi-Family Commercial - units _ square feet heated /cooled Commercial _units Details of Project: JR e P__ I( i r n e-7 v-% i t ❑ Demolition of Structure ❑ Other Estimated Cost of Construction: $ 3 6w' m ± (materials + labor + profitloverhead) If applicable, attach a copy of the certified elevation certificate and /or survey of the property. Depending upon the scop of the work, two sets of construction drawings and /or a site plan may be required. 47 k� , rr ��(A COon Year Built: OS } Oq Listed on National Historic Register or located within a National Historic District? Y G * Buildings older than 50 years may be eligible to be listed on the State / National Register. With this designation, you may be eligible to take advantage of various tax incentive programs while preserving the heritage of Tybee Island. *Also see the Tybee Island Land Development Code Article 14: Historic Preservation During construction: / On -site restroom facilities will be provided through Y /Ci Construction debris will be disposed by LJ_M r by means of r D I understand that I must comply with zoning flood damage control building fire shore protection and wetl nd ordinances FEMA regulations and all applicable codes and regulations. I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected as required by Article 16, Stormwater Management. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Date: hD aop– Signature of Applicant: Printed Name Note: A permit normally takes 7 to 10 days to process Approvals: Planning & Zoning Manager Building Official Water /Sewer Storm /Drainage City Manager t!yalure 6- 16-a 12 FEE Permit sL). Inspections Cap Cost Rec Water Tap Sewer Stub Eng. Fees Aid to Const. TOTAL Pa t. i Form GA5 — "NIMTOTAL" appraisal sotlware by a Is mode, so —1- 800- ALAMODE RELEIVED LOCATED AT: 1216 5TH AVENUE LOT 212. WARD 4. TYBEE TYBEE ISLAND, GA 31328 FOR: TOMMY ROCHEFORT 1216 VENETIAN DRIVE TYBEE ISLAND, GA 31328 AS OF: AUGUST3,2012 JOHNNIE CANEM Form GA5 — "NIMTOTAL" appraisal sotlware by a Is mode, so —1- 800- ALAMODE Jarboe Ganmt Appraisal Corrparry P #3 Summary Appraisal Report Uniform Residential Annraisal RPnnrt Tice purpose of the sumrery aDPraisa report is to previtle the lentlericbart with an accoraW, and adequately s;PVI1d, opinon ache marker vaiueVof� the subject property. Propn Address 12165TH AVENUE City TYBEE ISLAND Stale GA ZP Code 31328 Borrower TOMMY ROCHEFORT Owneo!Pualic Record VICKI &HENRY PATTON COVO CHATHAM Leal DeSm0ti0n LOT 212, WARD 4, TYBEE ASSMSOi5Parcel# 4- 7 -11 -7 _ _ _ __-Tax Year 2012(T.V.S2330DO) RE. TaxesS 2,898(ESs Nei borhoW Now TYREE ISLAND _ Map Helaence 50 (30 Traci 111.03 1 Occupaa _ ' Owrrer '- TenarA Vacl S eclat ASSRSSMMS 5 N/A ' PUD HOA S N/A _ per year month " Property Rights Used -. Fee SI le - Le se7od 7 describe ASSiArmem Type FI Purchase Transaction -1 Refinance Transaction ? Gary desmbe MARKET ANALYSIS Lendec'Caat TOMMYROCHEFORT Adaess Is the Subject Property currently offered W sale a has it bem offered for sale in the twelve malls prior to the effective date of has appraisal? Yes -I No Re on data spaces used, Offeling VIVO, and dare(5 . MLS DAILY AND PUBLIC RECORDS. THE SUBJECT PROPERTY SOLD ON 6122112 FOR 5140.000 AND WAS A FORECLOSURE SALE FROM WELLS FARGO. I ��_ did f-. did mt analyze IN contract for sale for the subject purchase transaclon. Explain his results of the analysis Of the contract la sale a why the analysis was not alomed. THIS WAS A FORECLOSURE SALE AND SOLD WELL BELOW MARKET VALUE. Contract Prices N/A Date of Contract N/A Is the property saXen tie owns of pub4c retard? �', Yes -NO Data Sowcrys IS there any financial assistance (ban charges, sale concessions, 4f a dowryaymen assistance, etc.) to be paid by any parry an bahaf of the borrower? '_-_ Yes ^ do If Yes. report the best dollar son and descdba the ite!rs to be paid. NIA Note: Race and tte hadal CMVNMM of the neighborhood we no[ appraisal festors. bahood GgraeMkta One•Ur1kN Trends pte -U1FI Nation Prmml LNWUU% Location Urban^ Suburban n Aural Pr Valdes ahcreasi f °,. Stable Declni PRICE AGE One -Uht 70% Burt -Up �7 Over 75% n 25 -75% � Under 25% Demand /Supply _ Shortage ' 1 th Balance Over Su $ Uhit 10 Growth IAapiO �'. S!aUle �Slow Marketing Tired ]Urder3rtms [h 3.6 rnhs ^, Ovo6 rtNS t50 Low NEW Muti -Family % NeighUahootl AWlidaries THE NEIGHBORHOOD BOUNDARIES ARE THE GEOGRAPHICAL 350+ Wgh 700 Comoerhai 10% BOUNDARIES OF TYBEE ISLAND. 250 Pred. 35 Ocher 10% _Neighbomood Description THE SUBIECT IS LOCATED ON TVBEE ISLAND THE MOST EASTERNMOST ISLAND IN CHATHA_M_COUNTY. TYREE IS A 15 MINUTE DRNE TO DOWNTOWN SAVANNAH. THIS OCEANSIDE COMMUNITY HAS 3,500 YEAR ROUND RESIDENTS, BUT IN THE SEASON, SWELLS TO OVER 10,000 RESIDENTS. ALL SERVICES ARE PROVIDED AND POLICE AND FIRE PROTECTION IS ADEQUATE. Market Co'ditims ircNdin su on fa the above corlclrlsions NO PBNORMAL MARKETING EXIST IN THE AREA THE DEMAND FOR HOUSING IN THE AREq IS GOOD. NO UNUSUAL SALES CONCESSIONS APPEAR TO BE NECESSARY. MLS DATA INDICATES AN AVERAGE MARKETING TIME FOR THE TYREE AREATO BE 154 DAYS. Dimension553, X 110' Area 58305 .Ft. Shape RECTANGULAR Vier NEI GHBORHOOD Specific Zang Classification R -2 Zoning Meiri0ten 1 & 2 FAMILY RESIDENTIAL Zoning Corrgllance r Legal � Legal NoncorAomarg IGrandfatuered Use) No Zoning 1Illegal (describe _ Is the highWt and best use OI subjech propenry as long d (a as proposed per plans and specifications) the present use? I.' Yes rl No 11 NO, desmbe Wtlttes Pudic 011xv(describe) Pudic 011e"Whistral i Off-she leparavemenrits - T PObBe Pr'wae or '1 _ Water - Shad PAVED ASPHALT :.I El Gas ,- PROPANE Sanitary Sewer L Alley NONE r FEMA Special Rood Hazard Area FIi Yes LjNa FEMA Flood Zone A -8 FEMA Map # 13051CO326F FEMA Map Date 9126/2008 Are be Vi and of -site improvements typical for the market arm? �_. Yes . hI No t No describe Are them any adverse site corditons a external facto s teasaenens, mcroacanens, eavironnenlal cordi ions land uses an)? r Yes Cis; t Yes, describe NO APPARENT ADVERSE EASEMENTS OR ENCROACHMENTS WERE NOTED THAT SHOULD AFFECT MARKET VALUE, THE SUBJECT IS IDENTIFIED AS BEING IN THE FLOOD HAZARD AREA. SUBJECT TO SURVEY, Beneral Description Fohndetton EntoriarDescriplim mafnWs /caalgion Interior mff[M* /candXUOn bits iOre❑ One with Accessory Unt LJ Concrete Slab II Crews! Space Foudation Walls MASONRY /GOOD Fools LIN.CPT /WD /GD # of Stones 2 FOII Basement I Partial Beason Exena Walls FRAME1BLK/AVG Weis BLK/DW /AVG Type Aft I S -Da /End Urat Basmhmt Area sq.t. Roof Surface SHINGLES /AVG TnWhush WOOD /AVG "I Edstin ', Pr used F Under Cont Basement Finish % 0utlers 8 Downspouts YES/GO Bath Floor LIN /GD Design (St le - 2STY/DET /AVG _ Year Bull 1947 �J Outside Entry /Exit ( -Sorry Purhhp Window Type_ _ D /H /WD /AL /AVG_ _ Storm SaSh1rhsulated N/A _ _ Bath Wainscot FRBGLS /AVG Evidence of kdestation _ ar Stoops Nate_ EflecliAge (Yet 25 I Da ess L4 Bilateral Screeds SCREENS /AVG ,' bwav a # of Cars 4 Attic I I Nom Heal I I FWA 11 H'WBB 1 Radian Arrenties I Woodstovels # Driveway Solace Drop Shin — Stairs Other FceI ELECT rl fireplaces # j Fence ❑ Garage # of Cars Floor '.' °I Scutt'e lCotaing 1 ! Cermat Air Condition PafioDeck ' Parch 117 , Ceram # of Cars Rnslred - Hmled ra individual IL7 Oder I Pool our 1;r 1 Ad, ^. Del, Bnagn Appliances F ReM Data ^ pan /Oven 1 -,�j, Dishwasher 1111 Disposal n Microwave - Washer er I I Other describe Anshadarea above gradecmiains:_ 14 Rooms _8 BedrOOms 6 Bath(sl_ 2,856 Square Feet of Gross LMrg Area Above Grade _.- . Additional iPatues1socral mercy effnmt item, etc.). _ Describe the comidon of the inc�ddin neededr airs, Oe4riontioq renovations. rerteddi ,ac.. THE STRUCTURE IS EXISTING CONSTRUCTION AND IS IN AVERAGE CONDITION. PHYSICAL DEPRECIATION BASED UPON THE AGE7LIFE METHOD WITH AN EFFECTIVE AGE OF 25 YEARS AND ECONOMIC LIFE OF 35 YEARS: 251100 = 25% ESTIMATED DEPRECIATION. THERE WAS NO FUNCTIONAL OR ECONOMIC OBSOLESCENCE TO BE CONSIDERED. Are be arty phh.stcaf deficiencies or adverse cone i6ahs that affect tie hwhAlity, soundness, a sh toal imegd y of the property? _ _ Yes_ _- k _ f Yes, describe Does the Papally ganfally eo ifeco to the raYghbOrhootl (Nncckcrai uD1ity, style dbo r, use, consawaron, etc)? Yes �- No it No, describe Freddie Mae Fonn 70 March 2005 Page 1 of 6 Fannie Mae Fo nn 1004 March 2005 Form 1004 — "IWITOTAL' appraiser software by s Is mode, uric. — 1- 800- ALAMODE Pa #5 Uniform Residotial A4D13raisal 1" epurF Fde #047261108 EXPANDED "SCOPE OF WORK" COMIMEN7S (THE APPRAISER IS PERMI FLED 70 EXPAND THE "SCOPE OF WORK- FOR CLARIFICATION PURPOSES OF WHICH THE FOLLOWING IS PROVIDED FOR SAID PURPOSES): A'COMFLF_TE VI SUAI. INSPECTION OF THE INTERIOR AND EXTERIOR AREAS OF THE SUBJECT PR_OnE_RTY' l4'AS PERFORMED BY THE APPRAISER BASED ON CONDITIONS READILY OBSERVABLE EXCLUDING ALL HIDDEN OR 08S7'RI ICTED AREAS AND NOT AS A PROFESSIONAL _ HOME INSPECTION. TH_E TER!✓ "COMPLETE" IS NOTAM_ALL INCL USIVE _TERP! RFLATIVE TO THE ENTIRE ATTIC..4N_D IF APPL (CABLE. THE FN I IRE CRAWL SPADE ArV6OTHER NOIJ- HABITABLE AREAS AS A COMPLETE DE7ATLE0 PHYSICAL INSPECTION OF EVERY PART OF THE AFOREMENTIONED AREAS IS NOT A FUNCTION OF THE THE INSPECTION PROCESS RELATIVE TO.RESIDEN TIAL APPRA11 . G RUT IS RELA71Vc'TO 7} {E INSPECTION PP.00ESS 6Y A PROFESSIONAL HOME INSPECTOR. 771E APPRAISER IS NOT.A PROFESSIONAL WEI.L ANIJ SEPTIC SYSTEMS INSPECTOP. IMPROVEMENT RATINGS AND COMMENTS REGARDING IMPROVEMENTS. SYSTEMS. EOUIPMENT AND REAL PROPERTY DO NOT REPRESENT ANY GUARANTEES AIJD /OR WARRANTIES EXPRESSED OR IMPLIED AS GUARANTEES AND /OR WARRANTIES ARE NOT A PART OF THE SCOPE OF THE APPRAISAL. IT IS NOT PART OF THE SCOPE OF THE APPRAISAL_ FOR THE APPRAISER, TO PERFORM DUTIES RELATIVE_ TO THAT OF AN ATTORNEY-AT -LAW REGARDING ABSOLUTE VERIFICATION OF ALL LEGAL ASPECTS PERTAINING TO THE SUBJECT PROPERTY IT IS NOT PART OF THE SCOPE OF THE APPRAISAL FOR THE APPRAISER TO PERFORM DUTIES RELATIVE TO THAT OF.A _ .: PROFESSIONAL SURVEYOR REGARDING ABSOLUTE VERIFICATION OF ALL ASPECTS CONSIDERED AND DISCOVERIES MADE EY A PROFESSIONAL SURVEYOR RELATED TO THE SITE AND IMPROVEMENTS OF THE SUBJECT PROPERTY. ATTEMPT OF DISCOVERY OF POTENTIAL ADVERSE INFLUENCES AS A RESULT OF H!114AN BEHAVIOR IS NOT PART OF THE SCOPE OF THIS APPRAISAL. Fredd!e MaC Forth 70 Margin 20D5 Page 3 016 Fannie Mae Form 1004 Marc!! 2005 Point 1004 —'NnTO rAL- appr (SRI SOtWare Dy a IN Mode, InC. — 144- ALWODF unITOrm Kesiaermai APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. 1 performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition o the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness. or structural integrity of the property. 3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based an the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I father certify that I considered the cost and income approaches to value but did not develop them. unless otherwise indicated in this report. 5. 1 researched, verified, analyzed and reported on any current agreement for sale for the subject property, any offering tar sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless ofhrrviise indicated In this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale. unless otherwise indicated in this report. 7. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. 1 have reported adjustments to Ins comparable sales that reflect the market's reaction to the differences between the subject property, and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. 1 have knowledge and experience in appraising this type of property in this market area. 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources. such as multiple listing services, tax assessment records, public land records and other such data sources for the area In which the property is located. 13. 1 obtained the information, estimates. and opinions famished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. 1 have taken into consideration the factors that have an impact on value with respect to the subject neighborhood subject property, and the proximity of the subject property to adverse Influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes. toxic substances, adverse environmental conditions, etc) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. 1 have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant Information from this appraisal report and, to the best of my knowledge. all statements and information in this appraisal report are true and correct. 16. 1 stated in this appraisal report my own personal, unbiased, and pmisssional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal Interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value. a range or direction in value, a value that favors the cause of any parry, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. 1 personalty prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report. I have named such individualist and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report: therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. 1 identified the Ienderrclient in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Fenn 70 March 2005 Page 5 of 6 Fannie Mae Form 1004 March 2005 Fenn 1004 — VinTOTAr appraisal sntlWUE by 3 19 node, are. — 1- Wil- ALAMOOE #9 Suoulcmental Addendum BW. W. 047251208 9arrp.''W'Charn TOMMY ROCHEFORT FYnry iy AJtlleSS M12165Ttl NVENUE C':ty TYBEE ISLANG County CH:: FHAM _ �U>E OA �O CCtls X1728 iel:6el TOhAMY ROCHEFORT _ • GP Residential : Nelchborhood - Description THE SUBJECT IS LOCATED ON TYBEE ISLAND. THE EASTERNMOST ISLAND OF CHATHAM COUNTY. TYBEE ISLAND ''S A 15 MINUTE DRIVE TO DOWNTOWN SAVANNAH- TYBEE IS A RESIDENTIALI RESORT SUBMARKET OF THE AREA THE AREA IS COMPRISED OF YEAR ROUND RESIDENTS AS WELL AS SEASONAL RESIDENTS, ALL SERVICES ARE AVAILABLE AND POLICE AND FIRE PROTECTION ARE CONSIDERED TO BE ADEQUATE SCHOOLS. SHOPPING, RECREATION AND EMPLOYMENT CENTERS ARE ALL NEARBY. DISCLAIMERS: UNLESS OTHERWISE STATED WITHIN THIS REPORT, THE EXISTENCE OF HAZARDOUS MATERIALS INCLUDING. BUT NOT LIMITED TO TOXIC WASTE, ASBESTOS, RADON GAS OR UREA FORMALDEHYDE FOAM INSULATION, WHICH MAY OR MAY NOT BE PRESENT ON THE PROPERTY, WAS NOT RECOGNIZED BY THE APPRAISER. THE APPRAISER HAS NO KNOWLEDGE OF THE EXISTENCE OF SUCH MATERIALS ON OR IN THE PROPERTY. THE APPRAISER, HOWEVER. IS NOT QUALIFIED '1 O DETECT SUCH SUBSTANCES. THE CONCLUSIONS AND VALUE ESTIMATES. HEREIN ARE PREDICATED ON THE ASSUMPTION THATTHERE IS NOSUCH SUBSTANCE ON OR IN THE PROPERTY THAT WOULD CONTRIBUTE TO OR CAUSE A LOSS IN VALUE. NO RESPONSIBILITY IS ASSUMED FOR ANY SUCH CONDITION OR FOR THE EXPERTISE REQUIRED TO DISCOVER THEM. THE CLIENT IS URGED TO RETAIN AN EXPERT IN THIS FIELD, IF DESIRED. THE APPRAISAL CONFORMS TO THE UNIFORM STANDARDS OF PROFESSIONAL PRACTICE (USPAP) ADOPTED BY THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION, EXCEPT THAT THE DEPARTURE PROVISION OF THE USPAP SHALL NOT APPLY. THE APPRAISAL CONTAINS A SIGNED CERTIFICATE REQUIRED BY THE USPAP. AND AN ADDITIONAL STATEMENT THAT THE APPRAISAL ASSIGNMENT WAS NOT BASED ON A REQUESTED MINIMUM VALUATION, P. SPECIFIC VALUATION OR THE APPROVAL OF A LOAN. THE APPRAISAL INSPECTION SHOULD NOT BE CONSIDERED A HOME INSPECTION REPORT AND SHOULD NOT BE RELIED UPON TO REPORT THE CONDITION OF THE PROPERTY BEING APPRAISED. THE FEATURES AND DEFECTS NOTED IN OUR INSPECTION ARE SPECIFIED FOR COMPARISON PURPOSES AGAINST THE MARKET WHICH IS PART AND PARCEL OF THE APPRAISAL PROCESS, THE DIGITAL SIGNATURE ON MY APPRAISALS ARE ENCRYPTED AND SECURED BY A SECRET CODE KNOWN ONLY TO ME. ALSO. THE CODE IS CHANGED FROM TIME TO TIME TO INSURE THE SAFENESS OF THE ENCRYPTION. THIS METHOD IS IN COMPLIANCE WITH THE USPAP STATEMENT 8. TITLE X DISCLOSURE WARNING STATEMENT THE SUBJECT DWELLING WAS BUILT PRIOR TO 1978 AND MAY PRESENT EXPOSURE TO LEAD FROM LEAD -BASED PAINT 'LEAD POISONING', THE SELLER OF ANY INTEREST IN RESIDENTIAL PROPERTY IS REQUIRED BYLAW TO PROVIDE BUYERS WITH ANY INFORMATION ON LEAD BASED PAINT HAZARDS FROM RISK ASSESSMENT IN THE SELLER'S POSSESSIONS. A RISK ASSESSMENT IS RECOMMENDED PRIOR TO PURCHASE OR OCCUPANCY, NO PERSONAL PROPERTY IS INCLUDED IN THE FAIR MARKET VALUE OF THE SUBJECT. Form IADD— 'WrITOTAL' apyalsal software by a la mine, Inc. — 1•M- ALAMnDE Pa 17 Subject Interior Photo Page to Subject Interior 12165TH AVENUE S,U PnCc N/A 6 L.A 2.856 Tol Finns 1" Tot GN:ms 8 TDI. Badxms 6 Lotafm TYBEE ISLAND Vie.+ NEIGHBORHOOD SIe 5.830 Sq.Ft. (ahty FRM,BI KIAVC, nge 15,7 FW MC4.6.81— WnTOTAr appralSal OftWAle by a la mode. Me —1.800 ALAM00E Subject Interior Subject Interior Comparable Sales snap BorrawerlCient TOMMY ROCHEFORT Pfupeffy Address 12165TH AVENUE City TYBEE ISLAND County CHATHAM Stag GA Lp Coda 31328 Lu4u TOMMY ROCHEFORT ",) sr .I la mode, inc: mfr `""wF Mttrw:ai ;'ar. 6th St exp•sr 5th St Y �¢ 6E1, St C'pptet p/ £ c r _.. 60 z yi St Imibb rp .e n Q¢° e h Z•O , B )fA IM.w P u .n E C. � � r 9th 5t 8th to Y Q 9th � 10rh Tybee Ulna F o Q loth P/ v7jth St Yxu Per.Oxi � aT' Z. 11th Ten Q' 72(h St 77th la c0 b ¢ _ t rzrn rye _ aw e r n Q P c 11th sr ` r 73 fw: v t+ rh St Z c 36 N 3 , m Q A4anti�Ave c� c rYhr /� st S %IVPr �� Q ¢Y4�e 7)th St AYe m A y Ts fhb re 78r h 7)th P/ / 78th sr _ 78rh P/ > M W 191/7 ft In Form MAP LOO — 'VdnTOTAL' appraisal software by a Is mode, inc. — 1- 6064LAMODE Pane 8ti5 300 yd.  Mll 441C.Q 6it51E ns;vaw @alc,��eer'Ciart TOMMYROCHEFORf P'rpeM' address 1211; 5TH AVENUE 1;' TYBEE ISLAND _ '2C''jii CHATHAV State GA _ Zip Code 31328 ______ a;14,, TOMMY ROCHEFORT t "`6 Savannah Area GIS d e. ? b ��' 9 �� " ��_ ��s i A li i a i .... 7 +�� - .fir ��- ��1�%P`�� -���� ,�� a.a a, a ..0 ,.BeppflETlp.L Form MAP LT.LOC  " 'WinTOTAL" appraisal software oy a to mode, mc.  1- 80&ALAMODE 11 Comparable Photo Page BarewelCNml TOMMV ROCHEFORT PTOpO AA0Te5¢ 12165TH AVENUE City TYBEE ISLAND COWtY CHATHAM Slat GA Lp OsIl 31328 Lender TOMMY ROCHEFORT i erm PIC46.CH — 'WOUTW agprarsAi sonwer<be a 1 rnMe, Ise. — 1•BDOALAM00F Pa 14 Comparable 1 11032ND AVENUE Prox. b Subl. 021 miles NE Sales Rice 361,100 G.L.A. 2,513 Tot Booms 7 Tot. Beerms. 4 Tot. Batlrms. 3.1 Location TYBEE ISLAND View NEIGHBORHD Site 4,636 SFISIM Duality FRAMEIAVG Age 1930 Comparable 2 1201 LOVELL AVENUE Prox. to Subj. 0.18 miles E Saks Pnce 350,000 G.L.A. 3,195 Tot. Reams 9 Tot. Beerms. 6 Tot. Batllms. 2.1 Lecation TYBEE ISLAND Yew NEIGHBORHD Site 9,456 SFISIM Duality FRAMEIAVG Age 19351RNVD'07 Comparable 3 16 12TH STREET Prox. hl Subl. 0.25 miles E Sales Pnce 425,000 G.L.A. 2,104 Tot. Rooms 6 Tot Biens, 5 Tot. Batirnis. 2.1 Location TYBEE ISLAND Vim BEACHSIDE Site 4,600 SFISIM Quality FRAMEIAVG Age 1938 /RNVD'05 Subject Interior Photo Page Form PIC4x6 31— VInTOTAL' appraisal MUM by a to mode, Inc. — 1•8O0-ALAYOOE Pa e #12 Subject Interinc 1216 5TH AVENUE SzIes PIC, NI,A G LA 2.85E Tot Roun 14 Tot Bedrms. 8 Tot, Battems. 6 LN?1w TYBEE ISLAND \§e'r NEIGHBORHOOD at. 5;830 Sq, Ft. Qw;gty FP.M,BLK:AVG Age 1W Subject InterioL Subject InterioL Subject Photo Page ? A. f0fto PIG 6.SB — WMTGTA' appraisal SbM-m by a la meae Inr —1.8M dUMDE F k10 Subject Frcn4 i [ :6 5TH AVENUE Sl! -s once N/A GA.., 2.855 Tot Bttmc 14 Tot. Bs4rms_ 8 T"BEE [St AND .. NEIGHBORHOOD .. 5.830 Sq.FL I SRN, BI W"(V 1W Subject Real Subject Street ITa sue 21 The leachniclient may disclose M distribute this appraisal sport to the horrower: another lender at the request of the bonotasr: the mortgagee or as successors and assigns; mortgage insurers; government sponsored enterprises: other secondary market participants; data collection or reporting services, professional appraisal organizations; any department, agancy, or instrumentality of file United Stales: and any state, to District of Columbia . or other jurisdictions: without having to obtain the appraiser's or supervisory appraiser's (if applicatAO) conss,nt. Such consent must be obtained be'ore this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising: public relations, news, sales, or Other media). 22 1 am aware that any disclosure at distribution of this appraisal report by ma or the lender chant may be. subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 2;i The horrower, another lender at the request of the borrower, the mortgagee or its successors are assigns. mortgage insurers. government sponsored enterprises- and other secondary market participants may rely on this appraisal report as part of anv mortgage finance timnsac8on that involves any one or more of these parties. 24. If this appraisal report was transmitted as ar. -electronic record containing my "electronic signature," as those terms are defined in applicable federal and DF state laws (excluding audio and vir:zo recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective. enforceahle and valid as if a paper version o, this appraisal report were delivered containing my original hand written signature 25. Any intentional or nenligent misrepresentations) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, at ssq., or sinrlar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report , and agree with the appraiser's analysis. coloring. statements conclusions and the appraiser's ccrdficaboe. 2. 1 accept full responsibility for the contents of this appraisal repot including. but not limited to, the appraiser's analysis, opinions. statements. conclusions. and the aporaiser's certification. 3. The appraiser identified In this appraisal report is either a sub - contactor or an emplolfee of the Supervisory appraiser (or the appraisal firm), is qualified to pennon this appraisal, and is acceptable to perform this appraisal under the applicable state law_ 4. This appraisal report complies with the Uniform Standards of Professional P.ppraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at fire time this appraisal report was prepared. 5 Ii this appraisal report was transmitted as an " electronic Wrote" containing my "electronic signature" as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings). or a facsimile transmission of this appraisal report containing a copy cr representation of my signature, the appraisal report shall he as effectiver enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature APPRAISER Signature Nam' JOH IEG _ Company Nam Company Address Eisenhw er Drive. Bldg 800 Savannah. GA31406 _ Telephone Number (9fz1 sea -a363- Email Address lohnnie�djganemapnraisalrnm Date of Signature and Report August 08, 2012 Effective Date of Appraisal AUGUSi3 2012_ _ State Certification # 298 or State License # or Other (describe) State State GA Expiration Date of Certification or License 05r3v20,3 ADDRESS OF PROPERTY APPRAISED 1216 5TH AVENUE T'BEE ISLAND. GA 31:,28 APPRAISED VALUE OF SUBJECT PROPERTY$ 330.000 LENDEFUCLIENT Name Company Name TOMMYROCHEFORT Company fddreas Email Address SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Company Address Telephone Number —_— - - - - -- Email Address Date of Signature State Certification or State License # _ State Expiration Data of Certification or License SUBJECT PROPERTY - Did not inspect subject property Did inspect eMedor of subject property from street Date of Inspection Did inspect interior and exterior of Subject proparty Date of Inspection COfi4PARASI.E $At.ES Did not inspect exterior of comparable sales from street Did inspect exterior o? egrrma,abL, Fairs from s!,,I Pate of Inspection _ cvvo Page `c of 6 Fannie Mae Form 1604 March 2005 Poml lm4— "WIniOTAL" apprP1531502W3rE ay? la fneOP, roe. — Ltig6dd_AMObE Pa #6 UnFFOrM KesR7enulal This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit in a condominium or cooperative project. This appraisal report is subjec to the following scope of work, intended use, intended user. definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications. additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to Include any additional research a analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education of membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report lonm, including the following definition of market value. statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) Inspect the neighborhood, (3) inspect each of the comparable sales from at least the street. (4) research, verify. and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report . INTENDED USE: The intended use of this appraisal report is for the lender /client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report Is the lender /client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting In what he or she considers his or her awn best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment Is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special of creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the iollawing assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to ft, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the tide. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination at its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency In other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question. unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal raped any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report. the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions. etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion. repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Freddie Mac Farm 70 March 2005 Page 4 of 6 Fannie Mae Form 1004 March 2005 FM 1004— ^NinTOTAC appraisal sbllware by a 11 FEW IN — 1- WO- ALAMODE Pa #4 Uniform Residential Appraisal Report Rk# 047261208 There are comparable properties currady offered for sale in the subject rsghbmhood ranging in price from S to S There are comparabe sales in fie sun tic nd hhorhood within the past revive months ranfing in sale price from $ u S FEATURE SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 1 COMPARABLE SALE #3 Address 12165TH AVENUE TYREE ISLAND, GA 31328 11032ND AVENUE TYPED ISLAND, GA 3132.8 1201 LOVELL AVENUE 116 TYBEE ISLAND. GA 31328 12TH STREET TYBEE ISLAND, GA 31328 Prrr _to Subject- T_ _ 0.21 miles NE _ 0.18 miles E _ 0.25 miles E Sale Price '.S NIA 361,100 5 350,000 425,000 Sale Pnce'Gmss Liv. Area �$ .g. S 143.69 S .h. S 109.55 5 .h. __S $ 202.00 SO .R. Data Source(5) MLS LENDER,APPRAISER MLS,LENDER.APPRAISER MLS.LENDER.APPRAISER _ _ Verification Source (s) I DATA. PUBLIC RECORDS DATA PUBLIC RECORDS DATA. PUBLIC RECORDS VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +-)SAdpsthrxd DESCRIPTION I +- SAdp ortard DESCRIPTION +I- SAdjusMan Saks or Roaring Cerae55iens CASH DOM -22 CONVENTNL LNDOM -567 CONVENTNL LN DOM -560 Dale of Sale rime 5101/12 ____ 4/30112 2102/12___ Location TYBEE ISLAND TYBEE ISLAND TYBEE ISLAND TYBEE ISLAND Leasehold ;lee Si e FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 15,8305.FL 4,836 SF /SIM 9.456 SFISIM 4.800 SF /SIM View ;NEIGHBORHOC NEIGHBORHD NEIGHBORHD BEACHSIDE 42,500 Design(Styk) 2STY /DET /AVG 2STYIDET /AVG 2STYIDETIAVG 25TYIDET /AVG Walt of DOnSWdIW fRM,BLKIAVG FRAMEJAVG FRAME /AVG IFRAMEIAVG I Actual Age '.1947 Condition _ FAR AVG 1930 AVERAGE 361_1.0 1935IRNVD'07 1938/RNVD'05_ _ AVERAGE _ _ �2 500 _FAIR TO AVG Above Garde Taal Sara. Bans TVA Bcrrs. Bans Tual IBarm. bab, Ted Bars. Bans. Room Count 14 8 6 7 1 4 , 3.1 +12.5001 9 6 12.1 +17.500 8 5 21 -17,500 Gross Living Area 2,856 sq.h. 2,513 SOL .6,8601 3,195 Sq.tl -6780 2,104 SOL +15,040 Basement B finished NONE Pooms Bedw Grade NONE NONE NONE Functional Deny AVERAGE AVERAGE AVERAGE AVERAGE g_ _ _SPACE UNITS - Heatin/COdnp_ ,• Ena'gy El icied bons STANDARD FWA/CAC STANDARD - 10,000 FWA/CAC STANDARD 6 0 FF STREET - 10,000 FWNCAC _10,000 STANDARD OFF ST Taraelca ort 4 OFF STREET 4 OFF STREET _ -10, 0002CP12 PorckiPa1NDeek COV.PORCH FRNTPORCH DECK 2SCRN PORS -5000 RO RO RQDW,FH.DS RO OW.F HAS NONE 1 FIREPLACE -1.500 NONE 1 FIREPLACE -1.5GD NONE NONE INONE NONE • Net Adusarant Tobl 1 + - S - 28.250 + F- ' - $ -9,280 + - 5 -68 960 __ AdjusiW bale Price P Con arable5 Net Add 7.8% Goss Ad'. 18.5 % $ 332 850 Net Adj. 2.7% Goss Ad. 12.7% $ 340 720 Net Adj. 16.2 %. GosS Adl. 31.5%r$ 356,040 - 1 , j d!d r -�. did rot research de sale or tvanster hist of the SUInjact property and comparable sales. If rat, explaen M' research —did I did not reveal any prior sales or transfers of the subject property for the three years P07 to the effective ON of this appraisal. Data Sources MLS, DAILY AND PUBLIC RECORDS. M research ❑rid -'did not reveal any prim sales or transfers of the comparable trade, for the year prior to the date of sale of the c arabe sate. DATA Sources) MLS DAILY AND PUBLIC RECORDS. _ - Re the results of the research and ads of the pbm sale or bander "U's of the sub xtprper and c able sales (rEgort addi5onal _ na sales on a 3' _ REM SUBJECT . COM1IPAPABLE SALE #1 COfPARABLE SALE #2 COMPARABLE SALE #3 Date of Poor Sal 1bansfer NO SALE WITHIN !NO SALE WITHIN NO SALE WITHIN NO SALE WITHIN Price of Rio Sale.Tr an5Aer LAST 36 MONTHS PRIOR YEAR PRIOR YEAR PRIOR YEAR Data Source s PUBLIC RECORDS nPUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS Effective Date of Data Ebersole) 'W03112 !8103/12 8103112 BM3112 Analysis of prim ask or transfer history of the Subject property and comparable sale; THERE HAS BEEN NO SALE OF THE SUBJECT PROPERTY IN THE LAST 36 MONTHS. NONE OF THE COMPS HAD A PRIOR SALE. Summary at Sales Compeenson Approach ALL COMPARABLES WERE TAKEN FROM THE SUBJECTS GENERAL AREA AND WERE CONSIDERED TO BE THE MOST COMPATIBLE WITH THE SUBJECT PROPERTY. THEY GIVE A VALID INDICATION OF VALUE AFTER ADJUSTMENTS. ALL SALES WERE VERIFIED TO BE CLOSED TRANSACTIONS. ROOM COUNT ADJUSTMENTS: BEDROOMS: 55000' FULL BATH: $5.000' HALF BATH: $2,500. GLA ADJUSTED $20 PSF DIFFERENCE. COMP 3 WAS ADJUSTED DOWNWARD FOR LOCATION AS IT WAS LOCATED ON THE BEACH SIDE OF BUTLER. THE 3 COMPS ANALYZED IN THIS REPORT ARE ALL OLDER HOMES, WITH COMP 2 BEING_ IN SIMILAR CONDITION TO THE SUBJECT. COMPS t 8 3 WERE ADJUSTED DOWNWARD FOR SUPERIOR CONDITION AT 10% OF SALES PRICE. ALL COMPS WERE GIVEN EQUAL WEIGHT IN THIS ANALYSIS. lrdicaledVabeb ySaiesC adsmApprwn$ 330,000 Indicated Value by: Sales Comparison Approach S 330000 CostA oechjddevelopid)S 340.115 Income Approach (if developed) $ THE SALES COMPARISON APPROACH WAS GIVEN THE MOST WEIGHT ON ARRIVING AT THE VALUE AS IT BEST REPRESENTS THE ACTIONS OF BUYERS AND SELLERS IN THE MARKET PLACE. THE INCOME APPROACH IS INAPPLICABLE DUE TO THE LACK OF VERIFIABLE DATA. Rfis appraisal is made'' — "as iS'. subject 4 correlation par plans and specifications on the basis at a hypothefical condition that the improvements have bean completed, I_ - subject t0 fie hollowing repairs or aeatons on the basis of a hypothetical condition fiat the repairs or abora6ons have been cornalate0, or ,_ suaNd to the • following requred seasonal based on the ad stationary asgumpturri that the condition or rdficienc • does nut recuire aheration or main: Based on a complete visual inspection of the interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting conditions, and appraisers certification, my (our) opinion of the market value, as defined of the real property that is the subject of this report Is S 330.000 asof AUGUST3 2012 which is the date of Inspection and the effective date of this appraisal. Freddie Mac Form 70 March 2005 Page 2 of 6 Fannie Mae Form 1004 Mamh 2005 Farm 1004 — WffTTOTAF appraisal SlOwue by 213 node, Inc. —1- 800- ALAMODE Pa e k TOMMY ROCHEFORT 1216 VENETIAN DRIVE TYDEE ISLAND. GA 31328 Re: Property: 12165TH AVENUE TYBEE ISLAND, GA 31328 Borrower: TOMMY ROCHEFORT File No.: In accordance with your request, we have appraised the above referenced property. The report of that appraisal is attached. The purpose of this appraisal is to estimate the market value of the property described in this apprasal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a knotional analysis of the neghborhood and city, and an economic analysis of the market for proper ms such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The v"e concluslons reported are as of the effective dale stated in the body of the report and contingent upon the cent icat on and limiting conditions attached. It has been a pleasure to assist you. Please do not healate to contact me or any of my staff I we can be of additional service to you. Sincerely, HNM A EM LEAD -BASED PAINT RRP RULES Ordinary renovation and maintenance activities can create dust that contains lead. Contractors who perform renovation, repairs, and painting jobs in pre -1978 housing and child- occupied facilities must, before beginning work, provide owners, tenants, and child -care facilities with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard information for Families. Child Care Providers. and Schools. Contractors must document compliance with this requirement. After April 22, 2010, federal law will require you to be certified and to use lead -safe work practices. Georgia Environmental Protection Division Lead -Based Paint and Asbestos Program (404) 363 -7026. Projects must be done by a Certified Lead Renovation Firm AND a Certified Renovator When disturbing lead -based painted or coated surfaces or components more than 6 ft2 per interior room or 20 ft2 of exterior surfaces AND all window replacements and partial demolitions of any size. s,e *x : :rex ::rx:�xxrrx x :xax Asbestos /Environmental Notification to Georgia EPD for The undersigned hereby acknowledges that the issuance of this permit does not in any way grant permission to the owner, owner's representative, or permit holder to proceed with demolition, wrecking, or renovation of a structure prior to the filing of any required ten (10) day "Project Notification for Asbestos Renovation Encapsulation or Demolition" form in accordance with the Georgia Asbestos Rules. The Georgia Environmental Protection Division administers the rules. In most cases, the rules require both the owner and the involved contractors to assure the portion of the building involved in the project is thoroughly inspected by an Accredited Asbestos Inspector for materials that contain asbestos; and the removal of the asbestos before renovation, wrecking, or demolition begins almost without exemption. Georgia EPD requires a completed demolition notification from be submitted 10 workings days in advance even if no asbestos is present in the building. Further guidance for regulatory compliance and contact telephone numbers are provided by the brochures entitled Asbestos & Renovation and Asbestos and Demolition. Other environmental issues such as asbestos removal techniques, lead abatement, ground contamination, or unusual site conditions may have EPD regulations that could affect the project. r,t ♦x,r� :� : :xrex rx xxxx :� BMPs While BMP deficiencies are not necessarily the fault of the owner or his agent, BMPs are their responsibility. Two areas of deficiencies are in the most basic and common BMPs; Co – Construction Exit and Sd1 – Sediment Barrier. Correct installation information can be found in the Field Manual for Erosion and Sediment Control in Georgia, Fourth Edition 2002, Georgia Soil and Water Conservation Commission; http:// www. gaswcc .org /docs /field_manual_4ed. pdf. Problems with the Co is not limited to the installation, but to material. The stone will be a representation of 1.5 " -3.5" stone or larger. Type A sediment barriers have been installed where Type C is required and shown on the permit drawings. Where two rows are called for they will be installed with a separation that allows for the first one to fail (fall over) without impacting the second one. The complete assembly and installation must be compliant; steel or wood posts, post spacing, Type C or A. Signature r receipt of Lead Paint, Asbestos, and BMP notices. Date �jnrr U A - -r-oon R Panted Namd— +0Mr cpo' aerno.• ' COr'y"s CITY OF TYBEE ISLAND, GEORGM I r S APPLICATION FOR BUILDING PERMIT o� / �Fqll 9uy1(1� Location: �Z �tP X✓L,t u_& PIN # NAME ADDRESS TFT.FPTTnNF r ❑ / g(6ze G f�— Renovation o 313 zL' 61 _A Architect ❑ Other or Engineer Building Contractor p/ q 16 (Check all that apply) ❑ Repair ❑ Renovation ❑ Minor Addition ❑ Substantial Addition ❑ Other Details of Project: ❑ Residential ❑ Single Family ❑ Duplex ❑ Multi- Family ❑ Commercial 7� 12 Estimated Cost of Construction: $ DLO v✓h Construction Type (Enter appropriate nu (1) Wood Frame (4) Masonry (2) Wood & Masonry (5) Steel & Masonry (3) Brick neer Proposed use: Remarks: ATTACH A COPY OF THPsCkRTIFIED ELEVATION SJ}I following information based on t onstruction drawi and ❑ Footprint Changes iscovery Demolition �� rr l�ee&- 5 -14 -l2 Ste - I,c, enS'e-d C3 n_�r a r �_csolve_ # Units # Bedro Lot Area Livi space al sq. ft.) # Off - street parking spaces Trees located & listed on sit an Access: o a <+06 work Driveway (ft.) With culvert? (�� Was Setbacks: nt Rear VAi # Stories Height Vertical distance meast_ grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators, and similar appurtances. LEAD -BASED PAINT Adapted from http:// www. ena .aovAead /oubs/renovation.htm. Please use that site to access the following information. Information for Property Owners of Rental Housing, Child- Occupied Facilities Property owners who renovate, repair, or prepare surfaces for painting in pre -1978 rental housing or space rented by child -care facilities must, before beginning work, provide tenants with a copy of EPA's lead hazard information pamphlet Renovate Right, Important Lead Hazard Information for Families Child Care Providers and Schools. Owners of these rental properties must document compliance with this requirement. EPA's sample ore - renovation disclosure form may be used for this purpose. f After April 22, 2010, property owners who perform these projects in pre -1978 rental housing or space rented by child -care facilities must be certified and follow the lead -safe work practices required by EPA's Renovation, t ' Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification and fee payment to EPA. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Property owners who perform renovation, repairs, and painting jobs in rental property should also: Take training to learn how to perform lead -safe work practices. mom • Learn the lead laws that apply regarding certification and lead -safe work practices beginning in April 2010. • Keep records to demonstrate that you and your workers have been trained in lead -safe work practices and that you followed lead - safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist that EPA has developed to help contractors comply with the renovation recordkeeping requirements that took effect April 2010. • Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right. • Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation. Repair and Painting. Information for Homeowners Working at Home If you are a homeowner performing renovation, repair, or painting work in your own home, EPA's RRP rule does not cover your project. However, you have the ultimate responsibility for the safety of your family or children in your care. If you are living in a pre -1978 home and planning to do painting or repairs, please read a copy of EPA's Renovate Right: Important Lead Hazard Information for Families Child Care Providers. and Schools lead hazard information pamphlet. You may also want to call the National Lead Information Center at 1 -800- 424 -LEAD (5323) and ask for more information on how to work safely in a home with lead -based paint. Information for Tenants and Families of Children under Age 6 in Child Care Facilities and Schools As a tenant or a parent or guardian of children in a child care facility or school, you should know your rights when a renovation job is performed in your home, or in the child care facility or school that your child attends. • Before starting a renovation in residential buildings built before 1978, the contractor or property owner is required to have tenants sign a ore - renovation disclosure form, which indicates that the tenant received the Renovate Right lead hazard information pamphlet. • Beginning in December 2008, the contractor must also make renovation information available to the parents or guardians of children under age six that attend child care facilities and schools, and to provide to owners and administrators of pre -1978 child care facilities and schools to be renovated a copy of EPA's Renovate Right., Important Lead Hazard Information for Families, Child Care Providers, and Schools lead hazard information pamphlet. Information for Contractors As a contractor, you play an important role in helping to prevent lead exposure. Ordinary renovation and maintenance activities can create dust that contains lead. By following the lead -safe work practices, you can prevent lead hazards. Contractors who perform renovation, repairs, and painting jobs in pre -1978 housing and child- occupied facilities must, before beginning work, provide owners, tenants, and child -care facilities with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families Child Care Providers, and Schools. Contractors must document compliance with this requirement. EPA's pre- renovation disclosure form may be used for this purpose. Understand that after April 22, 2010, federal law will require you to be certified and to use lead -safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA. See: Application for firm certification. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Contractors who perform renovation, repairs, and painting jobs should also: • Take training to learn how to perform lead -safe work practices. • Find a trainino provider that has been accredited by EPA to provide training for renovators under EPA's Renovation, Repair, and Painting (RRP) Program. Please note that if you previously completed an eligible renovation training course you may take the 4 -hour refresher course instead of the 8 -hour initial course from an accredited training provider to become a certified renovator. Click here for a list of eligible courses • Provide a copy of your EPA or state lead training certificate to your client. • Tell your client what lead -safe methods you will use to perform the job. • Learn the lead laws that apply to you regarding certification and lead -safe work practices beginning in April 2010. • Ask your client to share the results of any previously conducted lead tests. • Provide your client with references from at least three recent jobs involving homes built before 1978. • Keep records to demonstrate that you and your workers have been trained in lead -safe work practices and that you followed lead - safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist that EPA has developed to help contractors comply with the renovation recordkeeping requirements. • Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right. • ead about how to use lead -safe work practices in EPA's Steps to Lead Safe Renovation. Repair and Painting. _5_/¢/1z Signature Date Printed Name Dear Sir or Madam, t!c� RECEIVED 9 May 2012 As an abutter to the property located at 1216 5`" Ave, Tybee Island, Georgia I am concerned. The property appears to have someone living in at and work is being done with no sign of permits. The neighbors along 5" Ave are very concerned as well.. This property is listed asRiand also listed for commercial,uee (see attachment). (Z -y \00:ld:'g. 1 was told by a man surveying the property that the sale of this property is imminent. I would like to bring to the attention of the city that this property has remained vacant for more than six months. As such the property should be subject to Tybee Municipal Code 3 -020. (A) which states: Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. I appreciate your time and thoughts, J}anp�es arrellly l.,� �— C 1 4 . � Q y) /Ih 1 St Tybte island, GA 31328 706 726 6977 VM 11 1( arw 5-13-12- R ; 21 f ,.-, le-4 m S. S. . e� Q; Ind Sec. 3 -020. - Continuance of nonconforming uses /structures. (A) Any structure or use existing at the time of the enactment of the ordinance, March 24, 1971, from which this Land Development Code is derived or an amendment to this Land Development Code, although that structure or use does not conform to the provisions hereof, may be continued as a nonconforming use or structure and structural repairs may be made to any such nonconforming structure, provided however, no such nonconforming use or structure shall in any way be expanded or extended and all work meets all applicable building, state, and federal, regulations including those set forth by FEMA. Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. Any nonconforming structure or use which is damaged by fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, reconstructed and continued as the same nonconforming use and structure as existed before such damage, provided however, that a building permit to initiate restoration must be obtained within six months of the occurrence of damage, and if no such permit is obtained then only a conforming use or structure will be allowed upon the property. Provided further, however, that the mayor and council may grant an extension of this six-month period in their discretion. U (1) A nonconforming residentially used structure which is only nonconforming as a result of a setback encroachment on some portion of the property, may be expanded and enlarged beyond its ground footprint without a variance as long as no further encroachments into any setbacks are to be created and so long as all other provisions of the ordinances are complied with, such as all applicable building, state and federal regulations including those set forth by FEMA and all green space requirements are met. (2) Any residentially used nonconforming structure may be demolished and rebuilt only if the rebuilt structure will be contained within the same nonconforming ground footprint as existed before demolition; such new structure will maintain the historic character and substance of the pre- existing structure; and the new structure will not exceed the square footage of the prior structure by more than 50 percent. (C) A nonconforming commercially used structure in a residential zone may not be extended or expanded physically and the nonconforming use may not be expanded or increased. No variance may be granted to the terms of this subsection. ��14r- Chatham County Board of Asp gsors: 2011 Property Record Card 4- 000'7 -11 -007 Page] of 2 2011 Chatham County Board of Assessors Property Record Card 4- 0007 -11 -007 1216 5TH AVE TYBEE ISLANn APPRAISER ]tboaen LOT 212 WD 4 TYBEE WHITNEY PATRICIA A CAMA ASMT LAST INSP 08112/2010 PO BOX 952 198,200 LAND 1 APPR ZONE 000008 TYBEE ISLAND GA 31328 -0952 86,50 88,500 BLDG 1 4,200 OBXF 2 290,900 290,900 Cost - MS SALES BOOK / INS VI OU RSN PRICE CODES PAGE PROPERTY 0002 COMMERCIAL USE PERMITS TYPE DATE AMOUNT UTA 0004 Tybee, Island 110211_ 18 Aug 2010 Issued 9,100 - NBHD 020228.00 T228 TYBEE 8400211 CM 12 Aug 1994 Issued 1,000 MILLERAV 868 CM 08 Feb 1989 Issued 48,000 EXEMPTIONS S4 L4 L3 SC 1-8 LT COMMCATEG 0400 Apt 4- 19 Units COMMENTS: 30 Apr 2007 TY07 82 ENTIPATRICIA 4 -30- HISTORY LAND IMPR TOTAL 07 2011 198,200, 92,700 290,900 Came 22 May 2003 2003, LAND REVIEW. 2010 228,900 145,300 374,200 Came 29 Oct 2001 2002, HCC, REVIEWED 2009 229,000 189,500 418,500 Over PROPERTY. - 2008 218,500 200,000 418,500 Came 07 Mar 1995 INSPECTED BY HCC & AGR 1995. CAMA TURNED ON FOR - 2007 218,500 200,000 418,500 Came 1995. [Click for larger picture] 2006 218,500 90,000 308,500 Came 2005 146,000 90,000 236,000 Came A^ 2004 116,500 83,000 199,500 Came 2003 87,500 83,000 170,500 Came 2002 23,500 83,000 106,500 Came 2001 23,500 81,500 105,000 Came 2000 23,500 81,500 105,000 Came 1999 17,000 81,500 98,500 Came 1998 17,000 73,500 90,500 Came 1997 17,000 72,500 89,500 Came 1996 13,500 72,490 85,990 Came 1995 13,500 77,290 90,790 Came 1994 13,500 87,700 101,200 Over 1993 13,500 87,700 101,200 Over 1992 13,500 87,700 101,200 Over EXTRA FEATURES ID# BLDG # SYSTEM DESC DIM 1 DIM 2 UNITS QL UNIT PRICE RCN AYB EYB DT ECON FUNC SP SP% RCNLD MKT VALUE 139235 85663 Comm porch evil 0 0 1122.00 3 11.68 13,105 1980 1980 35 3,669 3,700 2 STORY OPEN PORCH AREA 139236 85663 Comm porch fair 0 0 140.00 2 10.62 1,635 1980 1980 35 458 500 21VD FLOOR SCREENED PORCH - -_ - - - LAND ID# USE DESC FRONT DEPTH UNITS /TYPE PRICE ZONING LCTN TOPO OTHER ADA ADJ2 ADJ3 ADA MKTVALUE 1 110131 APARTMENTS 0 0 5,830.00 -SF 34.00 RI 198200 I 1,fi.," /M.,o rhothom��.,,,., ��. r..," n/ TIA��Lf.... TiT.. rl lA��/(' l,gth��,,,l��n,,.,f.,/R.,��..i..fA ����o����.,.��/P...,.o.e.. G/1 /��i117 Chatham County Board of P -gessors: 2011 Property Record Card 4- 01,07 -11 -007 Page 2 of 2 2011 Chatham County Board of Assessors 4- 0007 -11 -007 Property Record Card 1216 5TH AVE TYBEE ISLAND BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV / % TOTAL DEP % RCNLD U.FACTOR MKT VAL 85663 -1 Commemal 194,404 1947 1980 MS 34.00 0.00 0.00 MF 54.00 89,426 1.10 85,442 APARTMENT BUILDING W/4 EFFICIENCY UNITS ON GFA AND 2 FULL APTS IN UFA. UFA WAS ADDED IN 1989. 2002 REVIEW, REAR 140 SQ.FT. UFA WAS PORCH,NOW ENCLOSED FOR LIVING AREA. OTHER SIDES 140 SQ. FT. AREA IS SCREENED PORCH ON SECOND FLOOR AREA 2716 STORIES 2.0 PERIMETER /SHAPE 584 OCCUPANCIES AREA % CLASS HEIGHT QUAL 352 Multiple Res (Low Rise) 574 21.13 D 8.00 2.00 352 Multiple Res (Lev Rise) 574 21.13 D 8.00 2.00 352 Multiple Res (Law Rise) 574 21.13 D 8.00 2.00 352 Multiple Res (Lox Rise) 574 21.16 D 8.00 2.00 352 Multiple Res (Lox Rise) 140 5.15 D 8.00 2.00 352 Multiple Res (Lox Rise) 140 5.15 D 8.00 2.00 352 Multiple Res (Lox Rise) 140 5.15 D 8.00 2.00 ADDITIONS UNITS EYB Extras BUILT -INS ALLOWANCE 6.00 1980 COMPONENTS Units % QUAL C2 606 Space Heater 100.00 C1 887 Stud - Hardboard Siding 100.00 t,rr..• //l.,.o ..h�rh�.,,....,, „r„ .,... /Tlo�1.r....TdnA„ loo/(` hor1 ,�.,./''.,,,,,r,./R..�.A..fA 00000...o /P.....o.H,. G/1 /7(117 Dianne Otto From: Bubba Hughes [BHughes @cbrhlaw.com] Sent: Wednesday, May 09, 2012 6:53 PM To: Dianne Otto Subject: RE: 1216 Fifth Ave. Thanks Dianne & yes sharing the email is fine.... Thanks for this information also. It seems like if is has been vacant the city could say it has to be r2 complaint but there may be a fight about it.. See you tomorrow.. From: Dianne Otto [mailto:Dotto @cityoftybee.org] Sent: Wednesday, May 09, 2012 6:44 PM To: Bubba Hughes Subject: RE: 1216 Fifth Ave. Bubba, I have heard that Patricia Whitney operated a bicycle shop at 1216 Fifth Avenue many years ago before moving it (Pack Rat Bicycle Shop) to 1405 Butler Avenue. There is a business license file for Pack Rat but it starts in 1998 and by then it was at the Butler location. The business was later sold and then resold. It is now Fat Tire Bikes. That the county has it as "commercial" could be based on when it was the bike shop or maybe it is because it is apartments. I don't know. There was a business license for that address in 2004 and 2005 for a handyman but that would have been just the location of his home. The only building permit in InCode is for installing a wheelchair lift in 2010 (10- 0421). Pat's health was failing then and it was a community project so she could go to doctor appointments, etc. There are no permits in the old SBCCI permitting program for 1216 Fifth Avenue. That goes back to 1993. 1 looked up permit 94 -00211 which is listed on the property record card and it was for work at 1403 Butler Avenue. I don't have any records for the other permit listed on the record card ($48,000 in February of 1989). It is too old. I tried an advanced search using Google which searched the Council Minutes posted at the city's website. Nothing was found for that address. The Minutes back to 1991 are posted there. James Farrelly, the man that turned in the 4 -page document today, says a sale of the property is imminent but here at the city we don't even know who owns it. The utility account has a balance of over $1,500 and it is still in Patricia Whitney's name. I'll call Wanda Doyle in the morning and let her know that you and I are looking into the circumstances of the building being vacant and whether there was an intent to abandon. Would it be okay if I share your email below with her? Please let me know if there is any other information I can try to locate. Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 Dianne K. Otto, CFM City of Tybee Island phone 912.786.4573 ext. 136 fax 912.786.9539 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Thank you for your email. We are aware of your concerns regarding 1216 Fifth Avenue. Staff and the city attorney are actively investigating zoning and other issues related to the property. A permit has not been issued for renovations at the location. The site is being monitored by the police department. e,rY alb , Uheuj\ -+ne6 @ ya�oo.clor. -, J-�af `C��y J5@ comcas+. rLQ4' '1,36Jdoc X 4@coMc-asJ. r-a a TV,., •5 @ Pr, n4,r,gs•Com Anr16k @UScic2. arm y.mA ,ames rarrell� �Qrla }- �ahSein Thank you for your email. We are aware of your concerns regarding 1216 Fifth Avenue. Staff and the city attorney areye5+'actively investigating zoning and other issues related to the property. A permit has not been issued for renovations at the location. The site is being monitored by the police department. i 5 Gt f a i + �� k. VrC SSc 0,1 ave... P,rna, l� an ,e Dianne Otto From: Tommy Branch [tbranch @cbrhlaw.com] Sent: Friday, July 20, 2012 2:31 PM To: Dianne Otto Cc: Diane Schleicher; Bubba Hughes Subject: 1216 5th Ave. Diane: Give me a call when you get a chance. Mr. Roachford sent a couple of emails to us regarding this house. I have tried to call his lawyer and been unable to connect with him. He seems to contest whether someone was living in this property (whether it continued its use) or not during the time period we believe there was a discontinuance of the use. He provided us with the attached dispossessory notice to prove his point. It really does not prove much at all. It looks like a routine document when you have a foreclosure on a multi - family property. It is not conclusory evidence someone was occupying the proper in the nonconforming manner. I have attached it. I understand he has some other issues besides the non - conforming use problem. Specifically, I wanted to talk with you about those issues as well to see where we are with this. He is obviously upset as he feels as though his investment expectations are not being met. We just need to handle it by the book. tb Thomas E. Branch, III Callaway, Braun, Riddle & Hughes P.C. 301 W. Congress Street Savannah, Georgia 31401 Phone: 912-238-2750 Extension # 107 Fax: 912-238-2767 Email: tbranchftcbrhlaw.com 03/06/2012 11:24 9127660399 MAGISTRATE COURT OF CHATHAM COUNTY 133 Montgomery Sbee4 Room 303, Savannah, GA 31401 Case # plaintiff: Address: Phone #: Plait lift Attorn HOWARD JOHNSON Per" t' P l #6744 P. 001 /007 vs DISPOSSESSORY WARRANT Dcfcndant. Patricia A. Whitney and /ox tenantls) ]rnovm or unlmoprpt„ Address: 1216 5th P-venue Ty.bae Island. GA 31328 Phone 4- unknown Stephen F- Graenbe Personally appeared Step rg Plaintiff, who upon oath says that he /she is (attorney at law) (attorney in fad) (agent) (for) the owner of the subject premises, indicated above, and that the Defendant is in possession as tenant of said premises in Chatham County. Af lant declares under the penalty of perjury that the defendant is, is not or is unable to I— n determine a member of the Armed Forces of the United States on alive duty _ This affidavit is exearted p6muant to the�ldiers and Sailors Civil Relief Act 50 USC App a= as required before any judgment in default may be entered by the court_ Any person who shall make an affidavit required under this section, or statement, declaration, verification, or certificate certified or declared to be true under penalty of perjury, knowing it to be false, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000.00 or both. Affiant further states on oath: (` THAT said tenant fails to pay rent now due thereon: THAT said tenant is holding said premises over and beyond the term for which the same were rented or leased; THAT said tenant is a tenant at suHeranoeltenant at wdl. THAT said tenant have violated the terms of the lease by The Plaintiff desires and has demanded possession of said premises, and the same has been refused by said Defendant This affidavit is made seeking that a warrant shall issue for the removal of said Defendant together with Defendant's property from said premises. Wherefore, Plaintiff demands: - - (a) possession of the premises; J (b) past due rent of $ N/A : plus WA H Oost (c) rent accruing up to the date ofjudgment or vs-G 011E A, p swo and su fore me this „, , ;�"��.� OTARIPI �". day of'� i s ��pm�l:�'e � Atfiant�J 'Sd'IZ�J To: ALL DEFENDANTS Vnaj! <lkwel Pursuant to taw, you are hereby notified to be in the MAGISTRATE COURT OF CHATHAM COUNTY at 133 Montgomery Street within seven (7) days after the service hereof, to answer in writing, or to answer orally at said time, and to set forth whatever legal or equitable defense or counter -daim you may have to this disposseasory proceeding. If you do not answer within seven (7) days a writ of possession and a judgment by default as demanded will be issued against you- If the day of answering falls on Saturday, Sunday, or a legal holiday; such time 156fi6'nues through tffarnext working day of the Court — - - -. —_. Judge, Ma istrate urt o Chatham County The last day for answering or vacating premises will be the : � / day of f Y L a Y OFFICER'S RETURN 1 have this day exacutad M within affidavit and sum=ng by: (1) personauy nandsrg a copy to tenant pensnasy handing a Copy to who is a person Sul juds residing on the premises, tacking a copy of the within process m the doer of SM premises. This a- -,I day of 1/kA CA rL'Y\ a[Ji '77S COPY OF SAME MAILED k/ Deputy Sheriff 03/06/2912 11:26 9127860399 HOWARD JOHNSON 46744 P. 006/007 In order for by Wells Fargo $atilt, •NA successor by merger to WaC.hOVia Bank, National Association to determine whether you are a bona fide tenant under the Protecting Tenants at Foreclosure Act of 2009, please immediately forward to us the following. (a) a copy-of your written lease or rental agreement (if you have an oral lease or rental agreement you must provide us a written summary of the terms under which you occupy the property, including, without limitation: the date you entered into the agreement the term of the lease, monthly rental amount the names of all parties who entered into the agreement, the utilities paid by the landlord (if any), the amount of your security deposit (if any), and all other relevant lease terms); (b) proof of your alleged monthly rental amount (proof may be in the form, of a copy of your lease showing the rent amount, or, if an oral lease, copies of cancelled checks or money orders); (c) proof of your last monthly rental payment and proof of your security deposit (proof may be in the form of copies of cancelled checks or money orders), (d) the names of all occupants of the Property who are over 18 years of age; (e) indicate whether you (or any other occupant of the Property) are the child, spouse, or parent of the former owner; (f) a list of any conditions at the property that require repair; and, (g) indicate whether you (Or any other occupant of the property) receive assistance under the Department ofifousingand Urban Developmenes Section 8 Housing Program. If you believe you are a "bona fide" ter a -please contact Amandla- Sacon-at: (678) 4115-3078 immediately and forward this office the information requested above. It is imperative that you contact us and forward the information requested above so that the occupancy status of the Property can be determined. IF WE DO NOT RECEIVE THE INFORMATION REQUESTED ABOVE WMIIN 7 DAYS OF THE DATE OF 'FITS LETTER TH13N EVICTION PROCEEDINGS MAY BE COMMENCED. Please note that you may wish to consult an attorney to help you determine what rights you may have, if any, under the Protecting Tenants at Foreclosure Act, of 2009. If you are an active duty member of the United States Armed Forces or a dependent of an active duty servicemernber, you may be entitled to rights as provided in the 5ervicemembers Civil Relief Act. In suchcase, you or your attorney should contact this law firm and provide proof of military service immediately so that this Firm can determine if you fall under the protection of the Act. If you have any questions, please contact Amanda Bacon at: (678)05-307S. Sincerely, McCalla Raymer, LLC ��G Property Address: tk "��Vv < City of Tybee Island, Georgia 912 - 472 -5033 or 912-472-5031 - Fax 912 -786 -9539 APPLICATION FOR BUILDING PERMIT (Check all that apply) Q' ingle Family Q' Discovery/Tearout [�� Duplex Q' Footprint Changes - new Q' Multi- Family units _ square feet heated /cooled Q' Commercial  units Details of Project: Q' Demolition of Structure Q' Other Estimated Cost of Construction: $ (materials + labor + profit/overhead) If applicable, attach a copy of the certified elevation certificate and /or survey of the property. Depending upon the scope of the work, two sets of construction drawings and /or a site plan may be required. Year Built: Listed on National Historic Register or located within a National Historic District? Y / N Buildings older than 50 years maybe eligible to be listed on the State /National Register. With this designation, you may be eligible to take advantage of various tax incentive programs while preserving the heritage of Tybee Island. `Also see the Tybee Island Land Development Code Article 14: Historic Preservation Durina construction: On -site restroom facilities will be provided through . Construction debris will be disposed by by means of I understand that I must comply with zoning flood damage control, building, fire, shore protection and wetland ordinances. FEMA regulations and all applicable codes and regulations. I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected as required by Article 16, Stormwater Management. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Dater 3/-/::1- Signature of Applicant: Printed Name Note: A permit normally takes 7 to 10 days to process Approvals: Planning & Zoning Manager Building Official Water /Sewer Storm /Drainage City Manager Signature Date FEES Permit _ Inspections _ Cap Cost Rec _ Water Tap _ Sewer Stub _ Eng. Fees _ Aid to Const. TOTAL Name Mailing Address Telephone Owner `-1041  "-Urj5 T Vac') LL Home: Cell: Architect or Engineer Contractor 4lcr 45 q Home: Cell: (.3i ` C8-47L (Check all that apply) Q' ingle Family Q' Discovery/Tearout [�� Duplex Q' Footprint Changes - new Q' Multi- Family units _ square feet heated /cooled Q' Commercial  units Details of Project: Q' Demolition of Structure Q' Other Estimated Cost of Construction: $ (materials + labor + profit/overhead) If applicable, attach a copy of the certified elevation certificate and /or survey of the property. Depending upon the scope of the work, two sets of construction drawings and /or a site plan may be required. Year Built: Listed on National Historic Register or located within a National Historic District? Y / N Buildings older than 50 years maybe eligible to be listed on the State /National Register. With this designation, you may be eligible to take advantage of various tax incentive programs while preserving the heritage of Tybee Island. `Also see the Tybee Island Land Development Code Article 14: Historic Preservation Durina construction: On -site restroom facilities will be provided through . Construction debris will be disposed by by means of I understand that I must comply with zoning flood damage control, building, fire, shore protection and wetland ordinances. FEMA regulations and all applicable codes and regulations. I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected as required by Article 16, Stormwater Management. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Dater 3/-/::1- Signature of Applicant: Printed Name Note: A permit normally takes 7 to 10 days to process Approvals: Planning & Zoning Manager Building Official Water /Sewer Storm /Drainage City Manager Signature Date FEES Permit _ Inspections _ Cap Cost Rec _ Water Tap _ Sewer Stub _ Eng. Fees _ Aid to Const. TOTAL LAW OFFICES CALLAWAY, BRAUN, RIDDLE & HUGHES P.C. APROFEBNONALCOR ATWI TIMOTHY F. CALLAWAY, III DANA F. BRAUN R. KRANNERT RIDDLE EDWARD 1A HUGHES D. SCOTT PORCH, IV THOMAS E. BRANCH, III Mayor and Council City of Tybee Island PO Box 2749 Tybee Island, GA 31328-2749 301 WEST CONGRESS STREET SAVANNAH, GEORGIA 31401 TELEPHONE (912) 238-2750 FACSIMILE (912) 2382787 July 30, 2012 REPLY TO: POST OFFICE BOX 91$0 SAVAN WtGEORGA31412 Voice Mail Extension -108 EMa l l - BhuGhes�chlTl�MLCan VIA EMAIL ONLY ATTORNEY CLIENTPRIVILEDGED COMMUNICATION RE: 1216 5th Avenue — Nonconforming Use Our File No. 572.14536.860 Dear Mayor and Council: r I wanted to let you know that there are some situations you may be familiar with that could potentially lead to litigation involving the City. One of these situations involves the effort by Tommy Rochefort to renovate and use property at 1216 5'h Avenue, which had previously been owned by Patricia A. Whitney, formerly often referred to as "Poor Pat." The problem arises because of the nonconforming nature of the structure and the issue of whether the nonconformity can continue. Some neighbors have expressed concerns to the City regarding the structure and Mr. Rochefort has contacted some of you, I believe, as well as myself. As you might imagine, the law is not completely clear for situations such as that confronting the City. The property is in an R2 zone and, therefore, would not be available to be used for 6 units as I understand was the case prior to the death of Ms- Whitney. I am not clear on when she died or what the status of the property was at the time she died and my lack of familiarity with some of these details makes it difficult to give a definitive opinion without doing more of a factual investigation. On the other hand, Mr. Rochefort has significant time and money tied up in his efforts to renovate the property and is anxious for a determination. I wanted to write to you since the determination could potentially result in litigation against the City by Mr. Rochefort or by the neighbors depending on the resolution of the issue. As stated above, the structure was a nonconforming use. Tybee Section 3 -020 permits a nonconforming use to continue but also provides, "whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall be made to conform to the provisions of this Land Development Code." The section goes on to address situations not involved here, such as where a nonconforming structure is destroyed by an act of God. Mayor and Council July 30, 2012 Page 3 a new owner in a situation involving an abandonment issue. It is unclear at this point whether tenants were in the property when Ms. Whitney died and we may never be able to secure definitive evidence concerning that point or other points which could be important. Many of you may have facts that relate to this analysis that I am not aware of If you have information that you think might be i to know, please let me know as soon as you can. I have promised Mr. Rochefort I would try to resolvee the issue as quickly as possible and I've been trying to dig up relevant information from City staff in the meantime, but I think some of the information is just not readily available. Please let me know if you have any information you think might be important. With kindest regards, I am Very truly yours, Edward M. Hughes EMH/md cc: Ms. Diane Schleicher, via email Ms. Jan LeViner, via email Thomas E. Branch, III, via email LAW OFFICES CALLAWAY, BRAUN, RIDDLE & HUGHES P.C. APROFESSIONALCORPOPA TIMOTHY F. CALLAWAY, III DANA F. BRAUN R. NRANNERT RIDDLE EDWARD M. HUGHES D. SCOTT PORCH, IV THOMAS E. BRANCH. III Ms. Dianne Otto City of Tybee Island PO Box 2749 Tybee Island, GA 31328 -2749 301 WEST CONGRESS STREET REPLYTO: SAVANNAH, GEORGIA 31401 POST OFFICE BOX 9150 -- SAVAl4AKSEORGIA31412 TELEPHONE 1912) 238 -2760 FACSIMILE (912)2332767 Voice Mail Extension - 108 August 8, 2012 E -Mall • Bhuohes@chrhlawconl VIA EMAIL ONLY ATTORNEY CLIENT PRIVILEGED COMMUNICATION RE: 1216 5th Avenue — Nonconforming Use Our File No. 572.14536.860 Dear Dianne: In follow up to our several telephone conversations relating to the former property of Pat Whitney, I am attaching a copy of an earlier letter I had sent to the Mayor and Council. I am copying the Mayor and most of the Council with this letter; however, I am not including Barry Brown and Tom Groover as it appears that they now potentially have a conflict of interest at this point with regard to this project. Bang's conflict would be as a result of him apparently being hired to work on the project, and Tom because his wife may be doing an appraisal of the property for FEMA purposes. As my prior letter indicates and as our research has revealed, the question of whether or not this property can be continued as a nonconforming use is not clear one way or the other. The law makes intention to abandon a component of a discontinuance of a nonconforming use and raises a presumption that vacancy can create an implication that an abandonment exists. However, given the facts that exist here regarding Ms. Whitney having passed away and the property having gone into foreclosure, I think arguments could be made either way regarding intention to abandon or not. I do not believe that the intention to abandon by the heirs of Ms. Whitney, if they were in fact her heirs, is adequate to resolve the question and, basically, the matter boils down to an intensive fact investigation. I do not believe it is in the City's best interest to have to engage in that sort of intensive fact investigation by way of litigation and I feel that in all likelihood a court would more likely rule in favor of Mr. Rochefort, at least with respect to the nonconformity not having been abandoned based on the information presently available. This would not resolve all of the many Code issues from the Building Code or FEMA standpoint. f 2 --7i/ss��/ 174e,,Z1r � /j-e:w i t , i7L;z LEGAL NOTICE CITY OF TYBEE ISLAND VIOLATION(S) PERMIT NO. FR/Y1 I WHEREAS, VIOLATIONS OF THE CODE OF THE CITY OF TYBEE ISLAND HAVE BEEN FOUND, NOTICE IS HEREBY GIVEN THAT ALL PERSONS CEASE, DESIST FROM, AND STOP WORK AT ONCE ON ANY CONSTRUCTION, ALTERATION, REPAIR, OR FURTHER USE OF THESE PREMISES KNOWN AS 121,o Sari UNTIL THE VIOLATION HAS BEEN CORRECTED AND APPROVED BY THE CITY OF TYBEE ISLAND. ALL PERSONS ACTING CONTRARY TO THIS NOTICE OR REMOVING OR MUTILATING IT ARE LIABLE TO SUMMARY ARREST UNLESS SUCH ACTION IS AUTHORIZED BY THE CITY OF TYBEE ISLAND. DATE S*1!4 /!? PHONE �� A 5� INSPECTOR '3 i 2 r