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HomeMy Public PortalAbout20141118_PC_Minutes.pdf1 PLANNING COMMISSION CITY MANAGER Demery Bishop, Vice Chair Diane Schleicher Ron Bossick Marianne Bramble PLANNING & ZONING MANAGER Julie Livingston Dianne Otto, CFM John Major Tyler Marion, Chair CITY ATTORNEY David McNaughton Edward M. Hughes MINUTES Planning Commission Meeting November 18, 2014 – 7:00 p.m. Chair Tyler Marion called the November 18, 2014, Tybee Island Planning Commission meeting to order. The other Commissioners present were Demery Bishop, Ron Bossick, Julie Livingston, John Major, and David McNaughton. Marianne Bramble was absent and excused. Chair Tyler Marion asked for consideration of the October 21, 2014, meeting Minutes. A motion to approve was made by Demery Bishop. David McNaughton seconded the motion. The vote to approve was 5-0. Chair Tyler Marion asked if there were any disclosures or recusals. David McNaughton stated his recusal for the Variance request at 173 Lewis Avenue for Jeff Slaughter. Old Business Commissioner John Major stated that three months ago the owner of the IGA came before the Planning Commission with a request for rezoning of an R-2 lot. The Planning Commission recommended approval with restrictions and encumbrances that accompany a Neighborhood Grocery zoned property, specifically a privacy fence, etc. The City Council approved the request with the same restrictions and added a 90 day completion date. He asked Dianne Otto the status. Ms. Otto responded that the previous day the permit for the fence was issued and the 90 day completion date would be January 9, 2015. She said Staff is tracking to ensure it is accomplished. Chair Tyler Marion made reference to short-term rentals on the Island and creating an ordinance. Dianne Otto responded that there was a draft ordinance and stakeholder meetings a few years ago and the proposal has not been revived. Chair Marion made a recommendation that the short-term vacation rental ordinance be seriously reconsidered specific to the idea of management of occupancy and parking as these are two crucial items to the health of the City. He made reference to a four bedroom house with twenty guests and multiple vehicles with no after-hours management in place. Ms. Otto stated she would provide the proposed ordinance for their review. Commissioner Demery Bishop referenced a previous Variance request for the Polk Street right-of-way. He asked Dianne Otto to advise him of the City Council’s decision. Mr. Bishop reminded the Commission the motion was to approve with a renewal of 18 months and a sunset provision, and following non-completion, punitive damages of some type against the aggrieving party. Ms. Otto responded the City Council’s determination was approval of the Variance but they did not add a time period and did not incorporate the recommended punitive damages language. Commissioner Bishop said this would maintain status quo which would allow the request to come back before the Commission for a fourth attempt if not completed. Ms. Otto agreed. Bishop stated therefore they would be potentially guilty of non-performance, in his opinion. Chair Marion thanked Commissioner Bishop for his comments. Minor Subdivision – 1115 Venetian Dr.; Christopher & Melissa Freeman; Zone R-2; PIN 4-0012-01-001 Planning and Zoning Manager Dianne Otto stated there are three lots of record at 1113 and 1115 Venetian Drive and the owners are Christopher and Melissa Freeman. She explained the request was to convert the three lots into two lots. She said currently there is a vacant lot, named Part of Lot 2, and there are Lots 3 and 4. The existing single-family home is 2 straddling the lot line of Lots 3 and 4. Ms. Otto continued by stating the proposed change would create Lot A and Lot B, and there would no longer be a boundary line bisecting the structure. Lot B would be created and be wider than the existing Part of Lot 2 which is currently 45-feet. The request would move it up to 55-feet. Commissioner David McNaughton clarified with Ms. Otto that Lot B would be 5-feet less than required and asked if there was a Variance application required. Ms. Otto responded that if the Commission approved the subdivision, they would have approved a Variance. Commissioner McNaughton stated this was the second time for a request where a Variance was within the request and he would like written clarification in the future. Ms. Otto responded that it was discussed in the Staff Report. Commissioner John Major asked if a house could be built on the current lot. Ms. Otto stated yes. Major asked if the lot were to be sold, would the new owners be required to come before the Commission for a Variance request. Ms. Otto stated they would not need to, but could choose to request a Variance from the required setbacks. Chair Marion closed the panel discussion. Petitioner Chris Freeman, 1115 Venetian Drive, approached the Commission. He made reference to Attachment ‘A’ in the packet showing the original four lots. In 1982 there was 5-½-feet sold off Lot 2 to Lot 1 to increase it to 55-feet, leaving 44-½-feet on Lot 2, and Lots 3 and 4 were still 50-feet. Freeman said it is their desire not to have a duplex on the adjacent lot and they would like sufficient buffer between the lots. He directed the Commission to Attachments ‘E’ and ‘F’ showing photographs of duplexes on the Island. Mr. Freeman stated it is their understanding that one of the reasons the 60-foot wide minimum requirement was put in place was to reduce density on the Island. Chair Marion confirmed with Freeman the intent, if approved, was to sell the other lot. Mr. Freeman discussed the building of a duplex on the property where the neighborhood is basically single-family homes. He said in his opinion a 55-foot wide lot would be more consistent with the Recommended Development Strategies of the Comprehensive Plan for the Marshfront Neighborhood. He then read four of the Strategies to support the 55-foot lot width. Commissioner Major thanked Mr. Freeman for his presentation as it was very helpful. He asked Ms. Otto if and when the other lot was sold, could the owners come before the Commission and ask for a Variance. Ms. Otto confirmed and added that it could be deed restricted to prevent that. Chair Marion asked the record to show there was no public input. The Public Hearing was closed. Commissioner Major moved to approve. Commissioner McNaughton seconded. The vote was unanimous (5-0). Variance – 173 Lewis Ave.; Jeff Slaughter; Zone R-2; PIN 4-0016-03-002 David McNaughton recused for this item. Dianne Otto stated the Variance request for 173 Lewis Avenue, owned by Jeff Slaughter, was being represented by Bonnie Gaster. Ms. Otto directed the Commissioners to the Staff Report as it provided the history of the request as well as pictures of the day a Stop Work was posted. She explained rock was installed without a permit in the City’s right-of-way and the marsh buffer. An after-the-fact permit application was then submitted which stated the project detail: “recoat an existing rock driveway.” She next referred to a hand drawn site plan provided after-the-fact by Ms. Gaster that showed additional areas beyond recoating of the existing rock. The plan had the rock stopping at the City’s right-of-way/Saughter’s property line with a compliant 25-foot wide rock driveway extending to the street pavement. Ms. Otto explained Staff located a property survey from another permit file which showed the location of the right-of-way. Ms. Otto said the hand drawing showed the 25-foot wide area of rock which was allowed from the property line to the pavement, with no rock encroaching into the City’s right-of-way. She then referred to several emails included in the packet when options were offered to the owner. The decision of the owner was to seek a Variance. Chair Tyler Marion asked if there was a true hardship the owner had stated. Otto referenced the application where the applicant had checked irregularities and exceptional topographic or other physical conditions, and notes that the two dwelling units on the property are immediately adjacent to one another with no room for a carport or garage. Commissioner John Major discussed the amount of rock placed. Commissioner Demery Bishop confirmed there are two driveways, one to the north and one to the south. He asked if both of the driveways could be used to access the property. Ms. Otto responded yes, if the total width was not more than 25-feet. Bonnie Gaster approached the Commission. She described the property as conforming and outlined the circumstances leading up to the Variance request. Ms. Gaster stated removing the rock on the property would not be aesthetically pleasing as it is “clean” and the owner’s preference is to leave the rock in place. She asked the Commission to vote in favor of the Variance as it is a unique circumstance. Commissioner Major made reference to the owner’s narrative included in the packet and stated he does not have an issue with approving the Variance. Commissioner Ron Bossick asked Gaster if the owner parks vehicles in the white rock area when the property is rented. Ms. Gaster confirmed. Charlie Kirk, 166 Lewis Avenue, approached the Commission to support the Variance request. He stated the lots of Lewis Avenue are very unique and parking can be a challenge. He described the history of the residence and its driveway materials. Mr. Kirk stated the hardship for this property is the size and location. He asked the Commission to approve this request as the residence is an asset to Lewis Avenue. Chair Marion closed the Public Hearing. Commissioner Demery Bishop made reference to the rock placed and compacted into 3 the ground at River’s End Campground as this seems to be the same type of rock. He then asked Ms. Otto if there were any distinguishing factors between the City project versus the subject property. Ms. Otto responded that the 25-foot width restriction is applicable to residential driveways and not to commercial development. River’s End Campground is commercial property with pull through campsites for the larger recreational vehicles. Commission Bishop referenced a resident at Brewers Landing and Polk Street that had fencing and now rock, as it seemed to be much the same circumstance as the Variance request before them tonight. Ms. Otto responded there are many residences on the Island with rock which widens the driveways. She then explained the permitting process for placing rock in driveways to ensure they are installed according to the Code. She made reference to the hand drawing provided by Ms. Gaster showing the intent to stop the rock at the right-of-way and have a 25-foot wide driveway, and noted Staff approved the plan because it met the Code. The Public Hearing was closed. Commissioner Major confirmed the drawing was submitted after the rock was installed without a permit by the current owner. He made a motion to approve. Commissioner Bossick seconded. The vote was 4-1 to approve with Julie Livingston casting the opposing vote. David McNaughton had recused. Site Plan Approval – 15 Tybrisa; Lighthouse Pizza; Zone C-1/SE; PIN 4-008-04-010 Dianne Otto stated this request was Site Plan Approval for Lighthouse Pizza. The request was to enclose an area of the property that is currently an open dining area. She explained the area changed recently when the owner installed a service counter for selling products out of a service window which eliminated an emergency exit. She referenced drawings included in the packet. Commissioner John Major confirmed this request was Site Plan Approval under the City’s current ordinance, it was for information for the public, and no Variance was being requested. Commissioner Ron Bossick asked if there was an egress plan for the rear of the property. Ms. Otto said the plans have not been sent to the Fire Marshal for consideration. Commissioner Demery Bishop asked if the plans had been approved by the City Engineer. Ms. Otto stated the plans had not yet been approved. Comments on the latest plan were received from the City Engineer on November 14, 2014. Barry Brown, resident of Thirteenth Street at Second Avenue, approached the Commission. He stated the building extension was only before the Commission based upon a 32 square foot building extension at the back corner. He further stated that all construction would be to Code. He referenced a drawing included in the packet. Commissioner Bossick questioned the slope of the roof. Mr. Brown responded the roof was split in two different directions to assist in dispersing rain. There being no further comment from the public, Chair Tyler Marion closed the Public Hearing. Commissioner Bishop made a motion to approve as presented. Commissioner Major seconded. The vote was unanimous (5-0). Text Amendment – Section 5-080, Site Plan Approval Dianne Otto stated the Commission had been provided a version of Section 5-080 that had been proposed in February 2012. The corresponding Minutes from the Planning Commission and City Council meetings had also been provided. The City Council had voted to continue the proposed Text Amendment. Ms. Otto summarized the proposed modifications from the current ordinance. If adopted the updated ordinance would allow a proposed project to be changed to reflect the requests of the approving body. She further stated it clarified a Variance within Special Review and within Site Plan Approval could run concurrently. Commissioner John Major clarified the Text Amendment and asked Ms. Otto is she felt there might be additional restrictions. Ms. Otto responded yes. With no public input, Chair Tyler Marion closed the Public Hearing. Commissioner Demery Bishop made a motion to approve and send it to City Council for review and approval. Commissioner David McNaughton seconded the motion. The vote was 4-1 to approve with Julie Livingston voting against. Text Amendment – Section 4-050(O), South End Business Overlay District Dianne Otto stated this was a Text Amendment for the South End Business Overlay District. When the overlay was adopted it included language that advertising benches were not permissible but advertising benches continue to be located in the Fourteenth Street parking lot and the proposed Text Amendment would incorporate the language: The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. Ms. Otto described the Sixteenth Street parking lot where the City has installed benches. She explained this Code modification would address that condition and make the Code match the current circumstances. Commissioner David McNaughton asked Ms. Otto to explain the benches with advertising as they are prohibited. Ms. Otto stated they were in place prior to the adoption of the overlay and the future plan is the City would install benches and the privately owned benches would be removed. Commissioner John Major and Chair Tyler Marion discussed the number of benches already on the Island. Ms. Otto stated there are approximately 43-44 Island-wide owned by one owner with a business license. A discussion ensued regarding existing benches, privately owned as well as City owned. Commissioner Bossick asked if 4 there was a plan for city benches to be placed. Ms. Otto replied she is not aware of any current or future budgeting for this. Chair Marion stated that this Text Amendment would aid in the continuity of all the benches. Ms. Otto confirmed. Commissioner David McNaughton asked Ms. Otto to explain the removal of the current benches as they would be grandfathered. Ms. Otto stated if the City installed benches in the Fourteenth Street parking lot they would replace the existing advertising benches. Commissioner Bishop asked for clarification of the grandfathering of the benches. Ms. Otto explained that the benches on the Island other than the ones in the South End Business Overlay are not being addressed with this Text Amendment. Commissioner Julie Livingston confirmed with Ms. Otto the advertising benches, once removed from the Fourteenth Street parking lot, may be relocated elsewhere. The timeline for the removal of the advertising benches was discussed and there was a recommendation a sunset date be imposed. Commissioner Bishop asked Ms. Otto the reasoning behind the Text Amendment. Ms. Otto responded the City is technically in violation of its own ordinance. Commissioner Major made reference to Section 6-070, Prohibited Signs, and stated that in accordance with the Code, advertising benches are prohibited throughout the Island. Chair Marion responded there is an exemption as the benches were grandfathered. Ms. Otto stated the benches predated the adoption of the ordinance in 2010. Commissioner McNaughton made a motion to approve. Commissioner Major seconded. The motion carried 3-2 with Demery Bishop and Ron Bossick voting against. Commissioner Demery Bishop made a motion to adjourn. Commissioner David McNaughton seconded the motion. The vote was unanimous. The meeting adjourned at 8:20 p.m. Minutes prepared by Jan LeViner