HomeMy Public PortalAbout06-0440 COASTAL LANDMARK_1OF2.pdfCITY OF TYBEE ISLAND
CERTIFICATE OF OCCUPANCY
DATE COMPLETED: 02/26/08
This Certificate issued pursuant to the requirements of the Standard Building Code
Certifying that at the time of issuance this structure was in compliance with the various
ordinances of the Jurisdiction regulating building construction or use.
PERMIT #:
PROPOSED USE:
OCCUPANCY TYPE:
CONTACT NAME
CONTACT ADDRESS
CONTACT CITY STATE ZIP
PROPERTY ADDRESS
APPROVED BY:
060440
NEW RESIDENTIAL BLDG - DUPLEX
7
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
1508 FIFTH AVE UNIT A
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 786 -4573 - FAX (912) 786 -5737
www.cityoftybee.org
CITY OF TYBEE ISLAND
CERTIFICATE OF OCCUPANCY
DATE COMPLETED: 02/26/08
This Certificate issued pursuant to the requirements of the Standard Building Code
Certifying that at the time of issuance this structure was in compliance with the various
ordinances of the Jurisdiction regulating building construction or use.
PERMIT #:
PROPOSED USE:
OCCUPANCY TYPE:
CONTACT NAME
CONTACT ADDRESS
CONTACT CITY STATE ZIP
PROPERTY ADDRESS
APPROVED BY:
NEW RESIDENTIAL BLDG - DUPLEX
P
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
1508 FIFTH AVE UNIT B
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 786 -4573 - FAX (912) 786 -5737
www.cityoftybee.org
IRF Legend
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BSL Building Setback Line
PIN Property Identification Number a7
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Reference:
Plat of Lots 233 & 234
Recorded at Subdivision Map Book
33 —S, Page 83
0' 20' 40'
60'
To the best of my knowledge
and belief, this plat is a correct
representation of the land platted,
and has been prepared in
Final Survey
conformity with the minimum Q�
technical standards and requirements o
of law.
Lot 234 of a Recombination of
Lots 233, 234, & a Portion of Lot
235
Dale E. Yawn, R.L.S.
Georgia Registered
bee
Y T bee Island Ward 4, City of
Ty
Surveyor No. 2510 GEO R
Chatham County, Georgia
,%STC&
Street Address: #1508 5th Avenue
Yawn Land Survey , LLC *
*
Prepared For:
P EE I L
24 Island Creek Lane
Coastal Landmark Construction,
LLC
Savannah, Ga. 31410 S 14
912-897-6307 �E E YP
Scale: 1"= 20' Plat Date: February 4,
2008
yawn25100bellsouth.net
Field Survey Date: January 31, 2008
To the best of my knowledge
and belief, this plat is a correct
representation of the land platted,
and has been prepared in
conformity with the minimum
technical standards and requirements
of law.
Dole E. Yawn, R.L.S.
Georgia Registered
Land Surveyor No. 2510
Yawn Land Surveys, l
24 Island Creek Lane
Savannah, Go. 31410
912 - 897 -6307
yawn251 00bellsouth. net
LP
• • 4• ••
Foundation Survey
Lot 234 of a Recombination of
Lots 233, 234, & a Portion of Lot 235
Ward 4, City of Tybee Island
Chatham County, Georgia
Street Address: #1508 5th Avenue
Prepared For:
Coastal Landmark Construction, LLC
cale: 1"= 20' Plat Date: December 4, 2006
Field Survey Date: November 29, 2006
IRF
Legend
CMF
BSL Building Setback
Line
Ln
PIN Property Identification Number
N
CMF Concrete Monument
Found
M
N
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l
IRF Iron Rebar Found
R/W Right of Way
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Lot 233
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IRF
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Reference:
Plat of Lots 233 &
234
Recorded
at Subdivision Map Book
i_ 4�'"
RECEI
33 —S, Page
83
�`z
- i"1.
To the best of my knowledge
and belief, this plat is a correct
representation of the land platted,
and has been prepared in
conformity with the minimum
technical standards and requirements
of law.
Dole E. Yawn, R.L.S.
Georgia Registered
Land Surveyor No. 2510
Yawn Land Surveys, l
24 Island Creek Lane
Savannah, Go. 31410
912 - 897 -6307
yawn251 00bellsouth. net
LP
• • 4• ••
Foundation Survey
Lot 234 of a Recombination of
Lots 233, 234, & a Portion of Lot 235
Ward 4, City of Tybee Island
Chatham County, Georgia
Street Address: #1508 5th Avenue
Prepared For:
Coastal Landmark Construction, LLC
cale: 1"= 20' Plat Date: December 4, 2006
Field Survey Date: November 29, 2006
f„, f M I't H
U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660 -0008
Federal Emergency Management Agency
Expires February 28. 2009
National Flood Insurance Program Important: Read the instructions on pages 1 -8.
SECTION A - PROPERTY INFORMATION For Insurance Company Use:
Al. Building Owner's Name Coastal Landmark Construction, LLC Policy Number
A2. Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Company NAIC Number
1508 -A 5th Ave.
City Tybee Island State GA ZIP Code 31328
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.)
Lot 234, Unit A of a Recombination of Lots 233, 234, and a Portion of Lot 235, Ward 4, Tybee Island
A4. Building Use (e.g., Residential, Non - Residential, Addition, Accessory, etc.) Residential
A5. Latitude /Longitude: Lat. 31 °59'39.098" Long. 80 °51'08.882" Horizontal Datum: ❑ NAD 1927 E NAD 1983
A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.
AT Building Diagram Number 6
A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide:
a) Square footage of crawl space or enclosure(s) 340 sq ft a) Square footage of attached garage 2.332 sq ft
b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage
enclosure(s) walls within 1.0 foot above adjacent grade 4 walls within 1.0 foot above adjacent grade 0
c) Total net area of flood openings in A8.b 518 sq in c) Total net area of flood openings in A9.b N/A sq in
SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
61. NFIP Community Name & Community Number
62. County Name
B3. State
City of Tybee Island
Chatham
Georgia
B4. Map /Panel Number
B5. Suffix
B6. FIRM Index
B7. FIRM Panel
B8. Flood
B9. Base Flood Elevation(s) (Zone
16.8
E feet
Date
Effective /Revised Date
Zone(s)
AO, use base flood depth)
135164 -0002
C
6/17/86
6/17/86
A8
13.0
B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9.
❑ FIS Profile E FIRM ❑ Community Determined ❑ Other (Describe)
B11. Indicate elevation datum used for BFE in Item B9: E NGVD 1929 ❑ NAVD 1988 ❑ Other (Describe)
B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑Yes ENo
Designation Date ❑ CBRS ❑ OPA
SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
Cl. Building elevations are based on: ❑ Construction Drawings* ❑ Building Under Construction* E Finished Construction
*A new Elevation Certificate will be required when construction of the building is complete.
C2. Elevations -Zones Al -A30, AE, AH, A (with BFE), VE, V1 -V30, V (with BFE), AR, AR/A, AR/AE, AR/A1 -A30, AR/AH, AR/AO. Complete Items C2.a -g
below according to the building diagram specified in Item AT
Benchmark Utilized Local Vertical Datum NGVD29
Conversion /Comments N/A
a) Top of bottom floor (including basement, crawl space, or enclosure floor)_
b) Top of the next higher floor
c) Bottom of the lowest horizontal structural member (V Zones only)
d) Attached garage (top of slab)
e) Lowest elevation of machinery or equipment servicing the building
(Describe type of equipment in Comments)
0 Lowest adjacent (finished) grade (LAG)
g) Highest adjacent (finished) grade (HAG)
Check the measurement used.
8.0
E feet
❑ meters (Puerto Rico only)
17.1
E feet
❑ meters (Puerto Rico only)
N /A.
E feet
❑ meters (Puerto Rico only)
8.0
E feet
❑ meters (Puerto Rico only)
16.8
E feet
❑ meters (Puerto Rico only)
6.8 E feet ❑ meters (Puerto Rico only)
7.2 E feet ❑ meters (Puerto Rico only)
SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevatior
information. I certify that the information on this Certificate represents my best efforts to interpret the data available.
I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.
E Check here if comments are provided on back of form.
Certifier's Name Dale E. Yawn License Number Georgia R.L.S. 25
Title Company Name Yawn Land Surveys, LLC
Address 24 Island Crellt Lane City Savannah State GA ZIP Code 31410
\ r
Signature
FEMA Form 81 -31, February 2006
Date 1/3/08
ne 912 -897
See reverse side for continuation.
Replaces all previous editions
IMPORTANT: In these spaces, copy the esponding information from Section A. For Insurance Company Use:
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328
Copy both sides of this
Comments Structure
in enclosed stairwells.
Company NAIC Number
SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED)
Certificate for (1) community official, (2) insurance agent/company, and (3) building owner.
an open garage below with two enclosed stairwells. The garage areas are
0
Date 1/3/08
by slatted latticework. Vents are
❑ Check here if attachments
SECTION E - BUILDING ELEVATON INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zones AO and A (without BFE), complete Items E1 -E5. If the Certificate is intended to support a LOMA or LOMR -F request, complete Sections A, B,
and C. For Items E1 -E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters.
E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent
grade (HAG) and the lowest adjacent grade (LAG).
a) Top of bottom floor (including basement, crawl space, or enclo re) s ❑ feet ❑ meters ❑ above or ❑ below the HAG.
b) Top of bottom floor (including basement, crawl space, or enclo ure is ❑ feet ❑ meters ❑ above or ❑ below the LAG.
E2. For Building Diagrams 6 -8 with permanent flood openings pr vi d IS tion A Items 8 and/or 9 (see page 8 of Instructions), the next higher floor
(elevation C2.b in the diagrams) of the building is f ❑ meters ❑ above or ❑ below the HAG.
E3. Attached garage (top of slab) is ❑ feet et r above or ❑ below the HAG.
E4. Top of platform of machinery and /or equipment servicing the build' is ❑ feet ❑ meters ❑ above or ❑ below the HAG.
E5. Zone AO only: If no flood depth number is available, is the top of he bottom floor elevated in accordance with the community's floodplain management
ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this information in Section G.
SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION
The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA- issued or community- issued BFE)
or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge.
Property Owner's or Owner's Authorized Representative's Name
Address
Signature
Comments
City,
State ZIP Code
Telephone
❑ Check here if attachments
SECTION G - COMMUNITY INFORMATION (OPTIONAL)
The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E),
and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8. and G9.
G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who
is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.)
G2. ❑ A community official completed Section E for a building located in Zone A (without
G3. ❑ The following information (Items G4. -G9.) is provided for community floodplain ma
G4. Permit Number
G5. Date Permit Issued
or community- issued BFE) or Zone AO.
Of Compliance /Occupancy Issued
G7. This permit has been issued for: ❑ New Construction ❑ Substantial Improvement
G8. Elevation of as -built lowest floor (including basement) of the building: 0 feet ❑ meters (PR) Datum
G9. BFE or (in Zone AO) depth of flooding at the building site: ❑ feet ❑ meters (PR) Datum
Local Official's Name Title
Community Name Telephone
Signature Date
Comments
❑ Check here if attachments
FEMA Form 81 -31, February 2006 Replaces all previous editions
Building Photographs
See Instructions for Item A6.
For Insurance Company Use:
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No.
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328 I Company NAIC Number
If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to
the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right
Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page,
following.
Front View
Building Photographs
Continuation Page
For Insurance Company
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328 Company NAIC Number
If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all
photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View and "Left Side View."
Rear View
_eft Side View
a. "A +- i5
U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660 -0008
Federal Emergency Management Agency Expires February 28. 2009
National Flood Insurance Program Important: Read the instructions on pages 1 -8.
SECTION A - PROPERTY INFORMATION FoInsurance Company Use:
Al. Building Owner's Name Coastal Landmark Construction, LLC I Policy Number
A2. Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Company NAIC Number
1508 -B 5th Ave.
City Tybee Island State GA ZIP Code 31328
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.)
Lot 234, Unit B of a Recombination of Lots 233, 234, and a Portion of Lot 235, Ward 4, Tybee Island
A4. Building Use (e.g., Residential, Non - Residential, Addition, Accessory, etc.) Residential
A5. Latitude /Longitude: Lat. 31'59'39.098" Long. 80 °51'08.882" Horizontal Datum: ❑ NAD 1927 E NAD 1983
A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.
AT Building Diagram Number 6
A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide:
a) Square footage of crawl space or enclosure(s) 340 sq ft a) Square footage of attached garage 2.332 sq ft
b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage
enclosure(s) walls within 1.0 foot above adjacent grade 4 walls within 1.0 foot above adjacent grade 0
c) Total net area of flood openings in A8.b 518 sq in c) Total net area of flood openings in A9.b N/A sq in
SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
B1. NFIP Community Name & Community Number B2. County Name B3. State
City of Tybee Island Chatham Georgia
B4. Map /Panel Number 85. Suffix B6. FIRM Index B7. FIRM Panel B8. Flood B9. Base Flood Elevation(s) (Zone
Date Effective /Revised Date Zone(s) AO, use base flood depth)
135164 -0002 C 6/17/86 6/17/86 A8 13.0
B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9.
❑ FIS Profile E FIRM ❑ Community Determined ❑ Other (Describe)
B11. Indicate elevation datum used for BFE in Item B9: E NGVD 1929 ❑ NAVD 1988 ❑ Other (Describe)
B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑Yes ENo
Designation Date ❑ CBRS ❑ OPA
SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
D1. Building elevations are based on: ❑ Construction Drawings* ❑ Building Under Construction* E Finished Construction
*A new Elevation Certificate will be required when construction of the building is complete.
,2. Elevations -Zones Al -A30, AE, AH, A (with BFE), VE, V1 -V30, V (with BFE), AR, AR/A, AR/AE, AR/A1 -A30, AR/AH, AR/AO. Complete Items C2.a -g
below according to the building diagram specified in Item AT
Benchmark Utilized Local Vertical Datum NGVD29
Conversion /Comments N/A
Top of bottom floor (including basement, crawl space, or enclosure floor)_
b) Top of the next higher floor
C) Bottom of the lowest horizontal structural member (V Zones only)
d) Attached garage (top of slab)
e) Lowest elevation of machinery or equipment servicing the building
(Describe type of equipment in Comments)
f) Lowest adjacent (finished) grade (LAG)
g) Highest adjacent (finished) grade (HAG)
Check the measurement used.
8.0 E feet
❑ meters (Puerto Rico only)
17.1 E feet
❑ meters (Puerto Rico only)
N /A. E feet
❑ meters (Puerto Rico only)
8.0 E feet
❑ meters (Puerto Rico only)
16.8 E feet
❑ meters (Puerto Rico only)
6.8 E feet ❑ meters (Puerto Rico only)
7.2 E feet ❑ meters (Puerto Rico only)
SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
I his certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation
information. I certify that the information on this Certificate represents my best efforts to interpret the data available.
l understand that any false statement may be punishable by fine or imprisonment under 18 U. S. Code, Section 1001.
E Check here if comments are provided on back of form.
Certifier's Name Dale E. Yawn License Number Georgia R.L.S. 25
i
Title Company Name Yawn Land Surveys, LLC
Address 24 Island C k Lane City Savannah State GA ZIP Code 31410
Signature Date 1/3/08 Telephone 912 - 897 -6307
�0'rt �
=MA Form 81 -31, February 2006 v See reverse side for continuation. Replaces all previous editions
IMPORTANT: In these spaces, copy the, esponding information from Section A. For Insurance Company Use:
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328 Company NAIC Number
SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED)
Copy both sides of thi Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner.
Comments Structur4 iA elevated above an open garage below with two enclosed stairwells. The garage areas are enclosed by slatted latticework. Vents are
in enclosed stairwell
Signature Date 1/3/08
❑ Check here if attachments
SECTION E - BUILDING EL V ION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zones AO and A (without BFE), complete Items E1 -E5. If the Certificate is intended to support a LOMA or LOMR -F request, complete Sections A, B,
and C. For Items E1 -E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters.
E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent
grade (HAG) and the lowest adjacent grade (LAG).
a) Top of bottom floor (including basement, crawl space, or enclos e) ' ❑ feet ❑ meters ❑ above or ❑ below the HAG.
b) Top of bottom floor (including basement, crawl space, ore to re) s ❑ feet ❑ meters ❑ above or ❑ below the LAG.
E2. For Building Diagrams 6 -8 with permanent flood openings pr t t e on A Items 8 and/or 9 (see page 8 of Instructions), the next higher floor
(elevation C2.b in the diagrams) of the building is a meters ❑ above or ❑ below the HAG.
E3. Attached garage (top of slab) is ❑ feet ❑ met s ❑ above or ❑ below the HAG.
E4. Top of platform of machinery and /or equipment servicing the buildin is ❑ feet ❑ meters ❑ above or ❑ below the HAG.
E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management
ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this information in Section G.
SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION
The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA- issued or community- issued BFE)
or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best 9f my knowledge.
Property Owner's or Owner's Authorized Representative's Name
Address Ct State ZIP Code
Signature Date Telephone
Comments
❑ Check here if attachments
SECTION G - COMMUNITY INFORMATION (OPTIONAL)
The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E),
and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8. and G9.
G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who
is authorized by law to certify elevation information. (Indicate the source and date of the ele/u�71ses. n data in the Comments area below_)
G2. ❑ A community official completed Section E for a building located in Zone A (without a FEMA -d or community- issued BFE) or Zone AO.
G3. ❑ The following information (Items G4. -G9.) is provided for community floodplain mana n
G4. Permit Number G5. Date Permit Issued I G . Mtj gWicate Of Compliance /Occupancy Issued
G7. This permit has been issued for: ❑ New Construction ❑ Substantial
G8. Elevation of as -built lowest floor (including basement) of the building: _❑ feet ❑ meters (PR) Datum
G9. BFE or (in Zone AO) depth of flooding at the building site: ❑ feet ❑ meters (PR) Datum
Local Official's Name
Community Name
Title
Telephone
Signature Date
Comments
❑ Check here if attachments
FEMA Form 81 -31, February 2006 Replaces all previous editions
Building Photographs
See Instructions for Item A6.
For Insurance Company
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No. Policy Number
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328
Company NAIC Number
If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to
the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right
Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page,
following.
Front View
Building Photographs
Continuation Page
For Insurance Company Use:
Building Street Address (including Apt., Unit, Suite, and /or Bldg. No.) or P.O. Route and Box No.
1508 5th Ave.
City Tybee Island State GA ZIP Code 31328 1 Company NAIC Number
If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all
photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View."
Left Side View
CITY OF TYBEE ISLAND
BUILDING PERMIT
ENGINEERING REVIEW FEE
DATE ISSUED: 02/25/08 PERMIT #: 060440
WORK DESCRIPTION NEW RESIDENTIAL BLDG - DUPLEX
WORK LOCATION 1508 FIFTH AVE A & B
OWNER NAME COASTAL LANDMARK CONSTRUCTION
ADDRESS PO BOX 13308
CITY, ST, ZIP SAVANNAH GA 31416
PHONE NUMBER 912- 272 -0201
CONTRACTOR NAME COASTAL LANDMARK CONSTRUCTION
ADDRESS PO BOX 13308
CITY STATE ZIP SAVANNAH GA 31416
FLOOD ZONE
BUILDING VALUATION
SQUARE FOOTAGE 4667
OCCUPANCY TYPE P
TOTAL FEES CHARGED $13,821.25 i
PROPERTY IDENTIFICATION #
PROJECT VALUATION $500,000.00 bA
4
ENGINEERING REVIEW FEE TOTAL BALANCE DUE: $ 131.25
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:
O -2 -ZS'og
CAP `r Uat
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 786-4573 - FAX (912) 786 -5737
www.cityoftybee.org
DAVIS ENGINEERING, INC.
636 Stephenson Avenue, Suite C Savannah, Georgia 31405
Tel. (912) 355 -7262 Fax (912) 352 -7787
davisenginc(a1bellsouth net
INVOICE RECEIVED
O;� -2a -o8
January 28, 2008 Invoice # 205069023
Diane Otto
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328
Phone (912) 786 -4573 Fax: (912) 786 -9539
RE: Lots 233; 234 & a portion of Lot 235 5th Ave. (Formerly for Rob Bowden
Tybee Island, GA
January 23 & 25, 2008 0.75 hours
0.75 hours
Site review of Lot 234 only. (233 under construction)
@ $175.00 /hour = $131.25 Total Due This Invoice
It is my understanding that:
1) Public Works will review the entrance driveway culvert and the related roadside ditch
grading
2) The Director of Planning, Zoning & Economic Development will review the revised plat to
ensure that suitable drainage easements, including those to serve Lot 234 B draining
across Lot 234 A
'72ZzD- 52 -12o2-
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e-n Leyea -3P D(c-0440
+, '?A 4-> a p Pram -p vz; -
20'd %96
BOSWELL DESIGN SERVICES, INC-
1 D3 NASSAU DRIVE
SAVANNAH, GEORGIA 3 7 4 7
9 7 Z - S97 — 6932
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January 18, 2008
Diane Otto
Planning and Zoning
Tybee Island, Georgia
Re: Walter Strong Project
1508 5 th Avenue
Tybee Island, Georgia.
Diane.
2t7:80 8002— ZZ —Ntdt
al '1U .
At the request of the Owner, we have inspected the project referenced above for
compliance with the approved drainage plan.
After a brief inspection of the project, it is our opinion that the project is in substantial
compliance with the approved drainage plan including final stabilization.
Thank you for your assistance and please do not hesitate to contact us if you should
require more information. We may be reached at 897 -6932, fax to 897 -2287 or e -mail to
ahbos ii ?beilsoUth.net.
Sincerely,
Mark Boswell
£-d 'eLb:80 80 2 elaf
Yawn Land Surveys, LLC
P.O. Box 30858
Savannah, Ga. 31410
Voice: 912- 897 -6307
Fax: 912 - 897 -0552
yawn2510 @bellsouth.net
February 13, 2008 RECE'II ED
Re: Residence Located at #1508 5th Ave Qo2 -IS'D �S
Units A & B
City of Tybee Island, Georgia
To Whom It May Concern:
This letter will certify that on February 13, 2008, I measured
the height of the subject building, and determined the following:
Building Height: 37.5 Feet
(As measured from top of slab to top of the elevator overrun)
Slab Elevation: 8.0 feet NGVD29 (MSL)
k."&� -�-✓
-ne, - ("I V&-- ✓
�V/ 1
Dale E. Yawn
Yawn Land Surveys, LLC
R
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A
tea.
Yawn Land Surveys, LLC
P.O. Box 30858
Savannah, Ga. 31410
Voice: 912- 897 -6307
Fax: 912- 897 -0552
yawn2510 @bellsouth.net
February 13, 2008
Re: Residence Located at #1508 5th Ave RECEIVED
Units A & B
City of Tybee Island, Georgia
To Whom It May Concern:
This letter will certify that on February 13, 2008, I measured
the height of the subject building, and determined the following:
Building Height: 33.71 Feet
(As measured from top of slab to top of the main roofline)
Please note that this measurement was taken to the ridgeline of the
main roof of the structure, and does not represent the height of any
elevator service access points.
D2 0
Dale E. Yawn
Yawn Land Surveys, LLC
, a r 90
ti a4
Dianne Otto
From: Brannyn G. Allen
Sent: Friday, November 09, 2007 10:47 AM
To: Dianne Otto
Subject: FW: Walter Strong, Jr. Fifth Ave.
Dianne —
Please add this email to the file.
Thanks -
Brannyn G. Allen
Planning, Zoning and Economic Development Director
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, Georgia 31328
Phone: 912.786.4573 ext. 107
Fax: 912.786.9539
http://www.cityoftybee.or
- - - -- Original Message---- -
From: Bubba Hughes [mailto:bhughes @CBRHLAW.COM]
Sent: Friday, November 09, 2007 10:44 AM
To: Todd M. Baiad
Cc: Diane Schleicher; Brannyn G. Allen
Subject: Walter Strong, Jr. Fifth Ave.
Page 1 of 1
O (o -o L4 4o
Todd- in follow up to the above matter, if Mr Strong will make the roof over the stairs the same height as the roof
over the elevator shaft, there will be no further issue about that aspect of the problem. That is, assuming he does
that & all other aspects of the construction meet code & ordinance requirements, including proper as builts, a co
will be issued.
If you have any questions please let me know.
Bubba
11/12/2007
Page I of 2
Brannyn G. Allen
From: Brannyn G. Allen
Sent: Monday, October 29, 2007 1:37 PM
To: ' Bubba Hughes'
Cc: Diane Schleicher; Vivian Woods; mecrone @bellsouth.net; Buelterman; tybeecreek @bellsouth.net;
mpearce @scad.edu; Paul Wolff; shirleys @uwce.org; tybeewanda @bellsouth.net
Subject: RE: Walter Strong, Jr.
Bubba —
Thanks for your email. You have accurately summarized the situation, as I understand it to be.
I am comfortable with Walter lowering the front roof to the same height and pitch as the roof over the elevator —
effectively creating one roof over the stairs and elevator and coming into compliance with the current ordinance.
Steve Watson's situation is different for a variety of reasons. I cannot say whether this solution will work for him
or not. I would prefer to treat these as two separate issues.
I will also be glad to have new ordinances in place...
Thanks -
Brannyn G. Allen
Planning, Zoning and Economic Development Director
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, Georgia 31328
Phone: 912.786.4573 ext. 107
Fax: 912.786.9539
bV://www.cibLoftybee.or
- - - -- Original Message---- -
From: Bubba Hughes [mailto:bhughes @CBRHLAW.COM]
Sent: Friday, October 26, 2007 9:37 AM
To: Brannyn G. Allen
Cc: Diane Schleicher; Vivian Woods; mecrone @bellsouth.net; Buelterman; tybeecreek @bellsouth.net;
mpearce @scad.edu; Paul Wolff; shirleys @uwce.org; tybeewanda @bellsouth.net
Subject: Walter Strong, Jr.
Brannyn- I wanted to follow up with the issue we discussed last night & hopefully get this matter in a
posture where we can conclude it & get it off the list.
Although, there are many issues about what plans were presented, changed & who said what, the bottom
line seems to be that under the ordinance, elevator shafts & appurtnances are exempt from the height
limitation. I think we all agree that the exemption has been manipulated on occasions, but I do not really
think that is the situation here -or at least not necessarily. In any event, had the plans shown one height
for the roof line over the shaft & the stairway access,there would have been no issue at all.lt would not be
a variance situation or any other exemption & all would be within the code. The way the plans were done
one could not really tell there were to be different elevations so that the stair way roof area ended up
higher than the roof over the shaft. At least not until it was all up & could be seen. I do not know if there
was an earlier stage of construction where the issue could have been caught & as Kathryn pointed out,
there had been communications for a while about the structure, & Chuck had been there & indicated it
was within code. I guess until the actual hip roof was put on over the stairs & it was higher than the roof
over the shaft it was within code. Anyway, it seems the most practical solution is to require that the roof
over the stairs be brought down to the same level as the roof over the shaft which is what would have
been permissible had it been that way to start with. I realize that leaves the roof over the shaft & stairs at
10/29/2007
Page 2 of 2
over 35 ft but that is what the ordinance permits when it is a continuous roof over the shaft & stair access.
This would make the front of the structure configuration match the back where the roof is continuous over
the shaft & stairs.
I do not know how this resolution- assuming it works, will impact the structure next door of Steve Watson.
As I recall, he had a bigger problem & a different configuration.
Please let me know what you think & if this makes sense to you. I will be glad when an improved
ordinance is in place- although, there are always issues no matter how tight an ordinance seems.
Have a good weekend.
Bubba
10/29/2007
LAW OFFICES
CALLAWAY, BRAUN, RIDDLE & HUGHES P.C.
A PROFESSIONAL CORPORATION
TIMOTHY F. CALLAWAY, III
DANA F. BRAUN
R. KRANNERT RIDDLE
EDWARD M. HUGHES
D. SCOTT PORCH, IV
T. DANIEL TUCKER
Brannyn Allen
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328 -2749
RE: 5th Avenue, Tybee Island
Our File No. 572.14536.133
Dear Brannyn:
301 WEST CONGRESS STREET
SAVANNAH, GEORGIA 31401
TELEPHONE (912) 236.2750
FACSIMILE (912) 230 2767
August 31, 2007
REPLY TO:
POST OFFICE BOX 9150
SAVANNAH, GECFGIA31412
Of counsel:
Stanley E. Harris, Jr.
Voice Mail Extenalan - 108
E-Mait - ahughaa@ccbrtlbw.com
VIA E -MAIL ONLY
I am attaching a copy of the letter we discussed. This is from counsel for Walter Strong,
Jr. relating to the "too tall" house on 5h Avenue.
i think it is interesting that originally they focused on Dee, but now have turned to Chuck.
Of course, they have nothing by way of letter or approved drawings to document their
contentions.
I look forward to discussing this with you. I do want to respond within the next several
days.
In light of the contentions in the letter concerning the stairway being an "appurtenance," I
am not sure that it is appropriate to revise the ordinance at the current time. I think we should
discuss that further. I do appreciate your input on improvements that could be made to the rough
draft I had forwarded.
With kindest regards, I am
Sincerely yours,
7
P.dvmrd M. Hughes
EURU
Attachment
cc: (via e-mail)
FRANK W. SEILER
WALTER C. HARTRIDGE
E. POMEROY WILLIAMS
EDWIN D. ROBB, JR.
LEAMON R. HOLLIDAY III
B. H. LEVY, JR.
JOHN G. LIENTZ
M. TYU5 BUTLER, JR.
ROY E. PAUL
PETER D. MULLER
MELANIE L. MARKS
CARLTON E. JOYCE
ANN MARIE STACK
DAVID MICHAEL CONNER
D. BRIAN DENNISON
TODD M. BAIAD
WILLIAM L. RONNING
CORINNE E, ANDER50N
ANNE ALLEN WESTBROOK
ERIC S. FULCHER
JAMES R. THOMPSON, III
BOUHAN, WILLIAMS & LEVY LLP
ATTORNEYS AND COUNSELORS AT LAW
THE ARMSTRONG HOUSE
447 BULL STREET
POST OFFICE BOX 2139
SAVANNAH, GEORGIA 31402-2 139
912/236 -2491
Direct Dial (912) 644 -5742
Email tmbaiad @bouhan.com
August 28, 2007
VIA FACSIMILE: 238 -2767
and U.S. MAIL
Edward M. Hughes, Esq.
Callaway, Braun, Riddle & Hughes, P.C.
Post Office Box 9150
Savannah, Georgia 31412
RE: Walter Strong, Jr., Fifth Avenue, Tybee Island
Your File No. 572.14536.133
Dear Bubba:
JOHN J. BOUHAN (1866-1971)
B. H. LEVY (1912 -19$8)
GEORGE W. WILLIAMS (1911 -1999)
FAX 91 2 /233081 1
www.bouhan.com
ALAN S. GAYNOR
SAMUEL A. CANN
COUNSEL
I am in receipt of your correspondence dated August 24, 2007. This letter is being
written in an effort to compromise disputed facts, and as such, is not to be considered as any
admission or utilized as evidence for any purposes.
Factual Background
On or about October of 2006, my client, Coastal Landmark Construction, Co. ( "Coastal
Landmark "), attended a meeting with Dee Anderson and Chuck Bargeron, City Marhsall of the
City of Tybee Island, Georgia. The purpose of this meeting was to discuss the stair towers that
were going to be erected on the Fifth Avenue property located at Tybee Island, Georgia, Of
concern was whether the proposed stair towers would be acceptable in light of the building
ordinances at Tybee. During this meeting, Mr. Bargeron instructed Coastal that the stair towers
would be in compliance with the ordinance if they accessed the elevator equipment room.
In accordance with this specific instruction and based upon Mr. Bargerron's
representation, my client prepared a revised drawing dated on or about October 11, 2006. This
drawing indicated the dimensions of the proposed towers. An additional meeting was held with
Mr. Bargeron concerning these drawings. Again, Mr. Bargeron, specifically informed my client
that the stair towers fell within the specific ambit of the ordinance at issue and that the definition
of "height" would not include the stair tower as it was an appurtenance of the elevator equipment
shaft.
BOUHAN, WILLIAMS & LEvY LLP
Bubba Hughes
August 28, 2007
Page 2 of 4
------------------- - - - - --
At no time during any period of the construction or framing of the structure was there any
indication that the stair towers were not in compliance with the ordinance. In fact, it was
categorically stated that the stair towers were in compliance with the ordinance and that no
additional permitting activities would be required. It was not until nearly one year later that any
issue arose with respect to the stair towers. Your letter of August 24, 2007 has requested that the
entire stair towers be brought down to within thirty -five (3 5) feet in height. Bubba,
unfortunately, this action would cost significant expenses to my client in an amount believed to
be in excess of approximately $40,000. My client is not prepared to do this at this time, and, as
set forth below, believes that it has a valid legal argument to any attempts by the City of Tybee
Island to fail to issue a Certificate of Occupancy.
Legal Analysis
Based upon the facts as set forth above, my client anticipates bringing a claim for
negligent misrepresentation against Mr. Bargeron in his individual capacity. In Georgia, the
elements of negligent misrepresentation are (i) the defendant's negligent supply of false
information to foreseeable persons, known or unknown, (ii) such person's reasonable reliance
upon that false information, and (iii) economic injury proximately resulting from such reliance.
J.E. Black Construction Co., Inc. v. Ferguson Enterprises Inc., 284 Ga. App. 345, 643 S.E. 2d
852 (2007). It should be further observed that if Mr. Bargeron is sued in his individual capacity,
he is only entitled to qualified immunity. Donaldson v Dept of Transportation, 262 Ga. 49, 56,
414 S.E. 2d 638, 643 (1992). Unlike sovereign immunity, qualified immunity does not protect
every action of an official. "The doctrine of official immunity, developed primarily in Georgia
through case law, provides that while a public officer or employee may be personally liable for
his negligent ministerial acts, he may not be liable for his discretionary acts. Gilbert v.
Richardson, 264 Ga. 744, 752, 452 S.E. 2d 476, 482 (1994).
In this case, there is ample evidence that Mr. Bargeron was performing a ministerial act
because he had no discretion in applying the ordinance in the instant case. Instead, he was
simply to look up the appropriate figure and apply it to the ordinance. Accordingly, a suit for
negligent misrepresentation against Mr. Bargeron would not be protected by immunity. It should
also be noted that the purchase of liability insurance from Tybee Island constitutes a waiver of
any immunity. The Georgia Supreme Court has held that "liability insurance protection
purchased or created by a governmental entity to insure against its own liability waives that
entity's sovereign immunity." Gilbert, 264 Ga. at 751. Because it is believed that Tybee has
purchased liability insurance, any immunity afforded to it would be waived. Accordingly, my
client anticipates bringing appropriate claims against the City as well.
The Georgia Constitution further specifically waives sovereign immunity for actions
based on contracts entered into by the State, State Agency or County. Georgia Constitution,
Article I, §2, JIX(c). In this case, the argument can be made that my client purchased a building
BOUHAN, WILLIAMS & LcvY LLP
Bubba Hughes
August 28, 2007
Page 3 of 4
permit from the City of Tybee Island, creating certain contractual rights with it. Central to this
purchase was the inclusion of a stair towers in excess of thirty -five (35) feet. Mr. Bargeron,
acting specifically on behalf of the City of Tybee Island, approved this measure and Mr.
Bargeron's action can be imputed to the Tybee Island City Council. See the decision from Judge
Karpf specifically discussing this issue attached hereto and made a part hereof as Exhibit "A ".
Again, because contractual actions are not afforded any immunity, it is my client's position that
any attempt to deviate from the previous agreed upon contract is not protected by immunity.
Therefore, in addition to the negligent misrepresentation claim, we intend to also file a contract
action based upon the building permit.
O.C.G.A. §36 -33 -4 is also applicable to the instant case. That Section provides:
"members of the council and other officers of a municipal corporation shall be personally liable
to one who sustains special damage as the result of any official act of such officers if done
oppressively, maliciously, corruptly, or without authority of law." (Emphasis added.) If it is the
City of Tybee Island's position that Mr. Bargeron was without the authority to properly bind the
City to the license that was granted to my client, this Code Section would appear to provide that
Mr. Bargeron would be individually liable for his actions which were done without authority of
law. Thus, it would appear as though this Section would provide a vehicle for liability against
Mr. Bargeron in his individual capacity for any statements that were allegedly made without any
authority by the City of Tybee Island.
It is our further position that my client is, in fact, in compliance with the ordinance at
issue. In this regard, the Section 1 -2 definitions provide that the height of the building "means
the vertical distance measured from the average adjacent 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 appurtenances." (Emphasis Added). As noted in the
facts set forth above, the stair towers at issue in this case are directly attached to the elevators.
Under this definition, they would be considered to be a similar appurtenance and would therefore
not fall within the definition of the height of the building. Appurtenance has been defined as an
incidental right attached to a principle property right and passing in possession with it; it has also
been noted to be a subordinate part or adjunct. Webster's Ninth New Collegiate Dictionary.
Any interpretation contrary to Mr. Bargeron's original decision would appear to be in violation
of the actual definition of the height of a building and, therefore, would not be appropriate.
Again, any attempts to fail to issue a Certificate of Occupancy will be met with legal opposition
including a claim for violation of my client's due process rights.
In your correspondence, you further cited to the case of Caft g*ud v. Camden Cota■ity,
273 Ga. 451 (2001). That case would not appear to be applicable to the instant case. In Cafd
Ri ue, a company applied for a special use permit to construct a warehouse in a district zoned
as interchange commercial, in which commercial land uses were limited by an ordinance.
Camden County originally granted the company a special use permit for its warehouse. The
company then obtained an occupational license to operate the warehouse and sublease the
BOUHAN, WILLIAMS & LEVY LLP
Bubba Hughes
August 28, 2007
Page 4 of 4
------------------- - - - - --
premises to another company for the ostensible same use. Following the request for an
occupational license, the Camden County director specifically denied the license and revoked the
company's special use permit.
The Court held that the special use permit originally issued to management was void at
the time of its issuance and was not subject to any transfer. The Court further concluded that the
issuance of a special use permit was an ultra vires act rendering the permit null and void from its
inception. There is no contention here that the building permit was issued for an illegal use.
There is also no question that a permit was originally issued with full knowledge of all the
pertinent facts, It would appear therefore, that Cafe Risque has no application to the facts at
issue in the instant case.
Please advise us with respect to your position on the issues raised herein. We look
forward to your prompt reply.
With kindest regards, I am
Bouhan, Williams & Levy,
)M-"Baiad
For the Firm
TMB /ndn
Enclosure
cc: Walter Strong
Brian Mims
3D/1- POLOTE,
Plaintiff,
V.
IN THE SUPERIOR COURT OF CHATHAM COUNTY �� -~ ,1r
STATE OF GEORGIA
BOARD OF PUBLIC EDUCATION FOR
THE CITY OF SAVANNAH AND
COUNTY OF CHATHAM,
Defendant.
Civil Action No. CV99- 0636 -KA
ORDER
ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
Having read and considered defendant's motion for summary judgment, plaintiff's
response thereto, having heard oral argument, and upon consideration of the evidence of record
and the law, the court hereby DENIES the motion.
This action arises out of a dispute between 3D /I Polote and the Board of Public Education
for the City of Savannah and County of Chatham ( "Board "). 3D /I Polote' entered into two
separate General Contractor Construction Management (GCCM) contracts2 with the Board. One
contract was to build a new middle school in the Islands area, known as the Coastal Middle
School, and the other was to build a new elementary school, known as Marshpoint Elementary.
' 3D/I Polote, a contractor, was a joint venture formed between 3D International and the
Polote Corporation.
23D/I Polote originally had program management contracts with the Board, which were
renegotiated into GCCM or "at risk" contracts. The main differences between the contracts were
that the GCCM or "at risk" contracts provided some guarantees on the cost of the projects as well
as the timeframe for the projects. They also subjected 3D/I Polote to potential risk if the project
went over budget. However, 3D/I Polote also acquired the opportunity to make additional
revenue if there was a savings. This opportunity will be discussed in more detail later in the
order. However, the record reflects that the school projects were completed on time and under
budget.
The contracts were "at risk" contracts and provided for a guaranteed maximum price (GMT) or
cost to the Board. The GMP consisted of two main components. The first of these is known as
the "costs of the project "', which contained two line items, the "amount used" and the "general
conditions." The "amount used" is shown on Exhibit C to the contract and included the total of
bids from the various subcontractors who worked on, or provided materials to, the schools. The
"general conditions," also shown on Exhibit C, although not explicitly defined in the contracts,
are delineated in Article 9 of the contracts and are what might loosely be described as costs other
than "amount used." The total cost for "amount used" and "general conditions" are shown in
spreadsheets attached to and incorporated into each of the contracts as Exhibit C.
The second component of the GMP is the construction manager's fee ( "CMF "), which is
also shown as aline item on Exhibit G Certain costs for the project, itemized in Article 8.1.3'
'Section 9.1 of the contracts define "cost of the project" as follows. "The term Cost of the
Project shall mean costs necessarily incurred in the Project during the Construction Phase for
Construction Services and paid by the Construction Manager which are not included in the
Construction Manager's fee."
4Section 8.1.3 of both contracts states:
Costs and Expenses Included in Fee - The following are included in the Construction Manager's
Construction Phase fee for services during the Construction Phase.
(1) Salaries or other compensation of the Construction Manager's employees
at his principal office and branch offices.
(2) General operating expenses related to this project of the Construction
Manager's principal and branch offices.
(3) The costs of all data processing staff.
(4) Salaries or other compensation of the Construction Manager's employees
at the job site.
(5) General operating expenses incurred in the management and supervision
of the project, except as expressly included in Article 9.
(6) Those services set forth in Article 2.4.9.
(7) Job office supplies - includes pager, pencils, paper clips, file folders,
staples, etc., and janitorial supplies (blue print paper not included).
(8) Relocation expenses for Construction Manager's personnel.
(9) Overhead and profit - For overhead, profit and general expenses of any
kind, except as may be expressly included in Article 9, for services
provided during and related to the construction phase.
2
of the contracts, were to be paid from the CMF and the allocation of those costs is at the heart of
this dispute. Briefly put, 3D /I Polote charged some of its overhead costs to "general conditions"
which the Board contends should have been charged against the CMF.
The at -risk contracts also provided 3D /I Polote the opportunity to earn additional
compensation. Any savings experienced in the performance of the construction projects was to
be split evenly between 3D /I Polote and the Board.' This savings, if any, was to come from
unused funds in the "general conditions" line item discussed above. A dispute as to what was to
be paid out from the general conditions portion of the contracts versus what was to be included in
the construction manager's fee is the basis for 3D/I Polote's suit against the Board. According to
3D/I Polote the Board owes $143,002 on the elementary school project and $189,263 on the
middle school project. The Board contends that it has paid 3D /I Polote in full for both projects.
3D/I Polote's cause of action is for failure to pay the amounts claimed.b
The Board's contentions are based on the clear language of the contracts which specify
the allocation of costs by 3D/I Polote. According to the unambiguous terms of the contracts the
Board would be correct, but for 3D/I Polote's claim of mutual mistake. 3D/I Polote contends
that in negotiating the contracts with the Board's employees', Section 8.1.3 was to have been
'Section 7.8.1 of the contracts states that "[t)he Owner (the Board) and the Construction
Manager (3D/I Polote) shall split, at the end of the project, any savings generated as a result of
unused General Conditions, this savings split shall be 50- 50.... ".
61f the Board is correct and the disputed costs were properly allocable to the CMF instead
of "general conditions ", then 3D/I Polote's profit would be reduced. Moreover, the shifting of
those costs from "general conditions" to CMF would have the effect of achieving savings for the
Board. 3D/I Polote's contention is that the Board is not entitled to any savings from the "general
conditions" category because those costs were intended to be paid from "general conditions" and
not from CMF.
'The employees referred to by 3D/I Polote were Brett Willet, Tom Wagoner and other
agents of the Board. Brett Willet served as the project manager for the school projects. At the
time the contracts were executed, he was the Administrative Assistant of the Board's Department
of Architecture, Engineering and Construction. He later assumed the position of Director of
Design and Construction Department of the Board. Tom Wagoner was the Board's Deputy
Superintendent and direct supervisor of Willet.
3
amended, as were the spreadsheets, to reflect a different cost allocation scheme than is shown in
the contracts approved by the Board. 3D /I Polote maintains that this error was a mutual mistake
which entitles it to a reformation of the contracts to reflect the true intentions of the parties. The
Board relies on the clear and unambiguous terms of the signed agreements and strongly resists
3D/I Polote's effort to introduce parol evidence to show the intention of the parties.' The Board
characterizes 3D /I Polote's assertion of mutual mistake as an effort to bind the Board to the
actions of its employees who negotiated the contracts, arguing that no such authority was ever
conferred on those employees. The Board strongly disputes the existence of a mutual mistake
and relies on the unambiguous provisions of the contracts to support its conclusion that the
contracts should be enforced as written.
The court concludes that 3D/I Polote's mutual mistake claim precludes summary
judgment to the Board because a factual issue remains which must be resolved by the trier of
fact. Although 3D/I Polote's claim is dependent in part on parol evidence, such evidence is
admissible in the context of an asserted mutual mistake. Where a mutual mistake is alleged, "the
parol evidence rule does not bar introduction of testimony as to the oral agreement reached by the
parties which the writing was intended to reflect. Cotton States Life Ins. Co. v. Carter, 65 Ga.
228 (1880); Green v. Johnson, 153 Ga. 738 (7) (113 S.E. 402) (1922)." Yeazel v. Burger King
Corp., 241 Ga. App. 90, 94 (2) (526 S.E.2d 112) (1999).
Moreover, 3D/I Polote's claim is not based on the bare allegation contained in the
affidavit of its employee, Kennedy.9 The Board's course of conduct in making progress
payments based upon the allocation schedules submitted by 3D /I Polote lends support to the
'3D /I Polote contends that earlier versions of the spreadsheets that make up Exhibit C,
when compared to the final version, demonstrate that the allocation of costs were shifted between
the categories. 3D/I Polote's position is that a comparison of the spreadsheets readily shows that
changes were made to the spreadsheets to reflect the agreement, while the body of the contract
remained unchanged. The failure to change Section 8.1.3 is where 3D/I Polote contends the
mutual mistake was made.
"Mark Kennedy was 3D/I Polote's project manager and dealt with Board employees, Brett
Willet and Tom Wagoner, on a consistent basis throughout the negotiations of the contracts and
the construction projects.
4
claim of mutual mistake. 10 Fox v. Washburn, 264 Ga. 617 (1994). This is because the payments
requested by 3D /I Polote, and paid by the Board, correspond to 3D /I Polote's argument regarding
the mutual mistake. Id. Moreover, it should be noted that a complete renegotiation of both
contracts occurred, which changed them from Program Management Contracts to at -risk
(GCCM) contracts. The fact that such a sweeping revision of the contracts occurred lends further
support to 3D /I Polote's allegation of mutual mistake.
In Fox, supra, the grantor in a deed sought reformation to establish a life estate he
contended had been reserved, but which had been omitted from the deed as executed. The
grantee disputed this allegation and denied the existence of the life estate. The Supreme Court
noted the definition of mutual mistake` ` and went on to point out that "[a]lthough the evidence as
to the mistake must be clear, unequivocal and decisive [ O.C.G.A. § 23 -2 -21 (c) ], there is no rule
that reformation will be denied unless the mistake be admitted by both parties," The Court went
on to note that the plaintiff's allegation, together with the conduct of the parties after the deed
was recorded, raised questions as to the intent of the parties in entering into the agreement and of
plaintiff's credibility. "These questions can only be resolved by submitting the case to a jury_"
Fox, 264 Ga. at 618.
In the case at bar, the evidence is clear that the Board, through its employees, approved
and made payments on the contracts under the allocation scheme that 3D /I Polote contends was
the true agreement of the parties. This pattern of conduct, along with 3D /I Polote's allegations,
raises a question of fact that bars summary adjudication. The court is aware of the Board's
assertion that it cannot be bound by the acts of its employees and that only the Board itself has
10Me payment applications billed on -site labor and operating expenses as part of general
conditions rather than construction manager fees.
" "Mutual mistake, in relation to reformation, means a mistake shared by, or participated
in by, both parties, or a mistake common to both parties, or reciprocal to both parties, both must
have labored under the same misconception in respect of the terms and conditions of a written
instrument, intending at the time of the execution of the instrument to say one thing and by
mistake expressing another, so that the instrument as written does not express the contract or
intent of either of the parties. [Cit.] Lawton v. Byck, 217 Ga. 676, 681, 682 (124 S.E.2d 369)
(1962)." Fox, 264 Ga. at 618.
the capacity to enter into a contract of this magnitude. While the Board is correct, such argument
misperceives the issue. The question is not whether Board employees can bind the Board; clearly
they cannot. Rather, the question is whether a mistake by its employees in negotiating a contract
can be imputed to the Board.
As a general matter, the actions of an officer or agent of a corporation can be imputed to
the corporation. Graphic Arts Mutual Insurance Company v. Pritchett, 220 Ga. App. 430 (1995)
(stating that a company is chargeable with the composite knowledge acquired by its officers and
agents acting within the scope of their duties); OCGA § 10 -6 -58 ( "Notice to the agent of any
matter connected with his agency shall be notice to the principal. "). Here, it is undisputed that
Willett and Wagoner negotiated the contracts on behalf of the Board. If those employees, by
mistake, presented incorrect drafts of the agreements they reached with 3D/I Polote to the Board,
which the Board approved, such mistake by the Board's employees becomes the mistake of the
Board itself. Of course, whether there was in fact a mutual mistake is a matter to be decided
later. Accordingly, the Board's motion for summary judgment is hereby denied.
SO ORDERED this ( ~� day of July, 2003.
cc: Leamon R. Holliday, III, Esq.
Brian Dennison, Esq,
Joseph P. Brennan, Esq.
Shawn T. Richardson, Esq.
Michael L. Karpf, Judge, Superi r Court
Eastern Judicial Circuit of Georgia
C.
LAW OFFICES
CALLAWAY, BRAUN, RIDDLE & HUGHES P.C.
A PROFESSIONAL CORPORATION
TIMOTHY F. CALLAWAY, III
DANA F. BRAUN
R. KRANNERT RIDDLE
EDWARD M. HUGHES
D. SCOTT PORCH, IV
T. DANIEL TUCKER
Diane Schleicher
Chuck Bargeron
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328 -2749
301 WEST CONGRESS STREET
SAVANNAH, GEORGIA 31401
TELEPHONE 1912) 238.2750
FACSIMILE J91 2) 238 2767
August 21, 2007
RE: Building Height Clarification
Our File No. 572.14536
Dear Diane and Chuck:
REPLY TO:
POST OFFICE BOX 9150
SAVANNAH,G8 C"31412
Of Courml:
Stanley E. Harris, Jr.
Voice Mail Extension - 108
E-Mal - Bixghee0cbddow.com
VIA E -MAIL ONLY
As you know I have been asked about an ordinance to improve upon the issue of
minimizing the area of a structure that exceeds 35 feet, as well as to minimize the roof
area over an elevator shaft that will exceed 35 feet. I am not clear on the necessary roof
pitches and need some input. In any event, I am attaching a very rough draft of a
beginning of an appropriate amendment. Please take a look at it and give me your
thoughts before I pass it on to Council.
Thanks for your assistance. With kindest regards, I am
Very truly yours,
Edward . Hughes
EMH/bb
Attachment
"Y
f'
S,
Inspesction Report
City of Tybee Island
403 Butler Ave.
P.O. Box 7744
Tybee Island, GA 31328
Phone: (412) 785 -4573 ext. 114
Fax: ( 912) 786-9539
Permit No. _ ) (o " O L4 y 0
Owner's Name _
—U 00 S4a k
Gen. Contractor n
Contact Ntimber
Date Requested l -- - L g
Date Needed 13 - 0S
Subcontractor
( 4 rDv-•�,, ,2-):�-02,
Location - -- - 1 5013 _ A,+ 8
Inspector ( _ Date of Inspection
Type of Inspection _ —7 r77�L !, \
�}S,6a rve
r
* EL6 (/4 ('e s
Pau S e-
K u vv\ 6e- r S A fz '-c,
0M.
SO 8 )&,
y 5O S C6 C A�)
Pass
Fail
n"', rqP\�
U-A-
A U h � f r
& 4'12 vc. OF v1
1
-� Nee
N \/AL �� 5 AR Q- izvA�eJ o�
P1 z�- - a f yy-\ 5 .
MR
el tv, 0-Y
Xvn ' Inspection Report
City of Tybee Island
403 Butler Ave.
P--(-)-- Box 2149
TVbee. i.Sldfid, GA31326
Phook-K (9112) 766-4573 exL -1.14
Fax., (912) 786-9539
Permit Mo. - D(o - () � q 0 Date -RewesteA
Ownr-r'-- Name Date Meeded
Gen. Contrartcvr Subco ntracto r
Contart Niomber
Location At 3 T f--� k,
Date of inspe-f-thor
Type of jospertion C4 r,
i, SS Pas--;
Fa il
.J
4
* -t
at
n
Inspection Report
City of Tybee Island
403 Butler Ave.
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 786 -4573 ext. 1.14
Fax: (912) 786 -9539
s
Permit No. C) (o - nate Requested
Owner`s Name Date Deeded
Oe n- Co ntrarto r L r3. vN ct rvN otj _4,) _ - Subcontractor — --
Contact Nimber - - -- - � /� D I � 7TH -Z, �, ' C)2- D
Location O )N -4-
Inspector _ . _ -- - - Date of Inspection
1
Type of Inspection _ -� , n d , 8 : ,? C'i
Tl�-
( 0 1 rj
z�
12 -1z -off
Pass
Fait
�P ►C
u
R. V
MP
jv.
Inspection Report
City of Yybee island
403 Butler Ave.
P.O. Box 7x'49
I ybee TSIdud, GA 31328
Phone., (912) 786--4573 ext. 114
Fax: (912) 786-9539
Permit No, r)(o- OL440 Date. Requested
Owner's Name Date Needed
Gen. C-1-ontrartor i- g o d rn qAIN
Contact NAimber
Location 1Isos A+2) T-'-C�k 1-,vej-
Date of i ncpecti 0- 1-1
Type of Ins'pertion
4.
Pass
f - " a-� eye C. . ( ?i 55e- t �
ail. Lj
ID -7
Inspection Report c 0
City of Tybee Island
A 403 Butler Avenue. CIO
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 786-4573 extension 114
Fax: (912) 786-9539
Permit No. Date Requested
Owner's Name-,
Gen. Contractor Ck knj Alc�_r -
Contart Number C_ '� �'
ii Date Needed I- I-ov
;9-e n 3 0 e_
Location
inspector Date of jnspe.4rtion
Type of Ins- pertion
• C_ 0A C-6 Pass
fqz
��j Fail
Inspection Report
Cltr of Tybee Island
403 Sutler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 785 -4573 extension 114
Fax: (912) 785 -9539
Permit No. C)6 v c) y L4 o
Owner's Name
Gen. Cantractor �_r• .-- -,��-� k
Contact Number
Location
Inspector
Tapp of inspectiom ___ 't P
Date Requested .0_ 3 1 - c)--7
Date Needed _ � � - � i - p -
Subr_onkrartar
-Ali
Date of Inspection _
zj� _-
Pass
Fail
RELEASES FOR ELECTRIC SERVICE FROM YBEE ISLAND
FOR SAVANNAH ELECTRIC. FAX TO: Lynn Brennan 937 Phone 912 - 443 -5063
30(o•Z!o446 9
CD (o - o LF 40
Li o u-n: +S jPI0_)d"
Location Address:1So A +B 5� ,l/2 . Lot # Release Date: _ -1
-�-em powcr
Type of Release: Temporary Perman6nV Subd Name:
Electrician ,r
.� S S eA k e G . Electrician Phone Number: g `t �} -� 3 p �'
Owner/Builder: 0 D a 5- -g A Lay%41 hn ark Phone Number: (0 a 0
01-0+4P4+
Location Address: jo- T . Lot # Release Date:
Type of Release: Temporary � Permanent Subd Name: C can
Electrician: kVA Electrician Phone Number: E 414 -3 (31
Owner/Builder: t&, beye_ o mlty*Phone Number: (Fz)
Location Address:
Type of Release: Temporary Permanent
Electrician:
Owner/Builder:
Lot # Release Date:
Subd Name:
Electrician Phone Number:
Phone Number:
i
" I
•t r . Y
Inspomirtion Repott
Cilj
-�-o �a I
TVbe
Phone'-(9U
Fay
i
Permit No-
i
Owner's Name
Gen, Contractor A htlr�
Co ntact N um ber _ C�
Location _ t � �`t e) • + - --
I ns jaecto r • 1 hate of Inspection
i
Type of Inspection I n
QPSS Ras.
Fail a
y4 v,
Inspection Report
0tv of Tybee Island
403 Butler Avenne
P.O. Box 2749
TYbee Island, CAS 31318
Phone= (911) 786 -4573 extension 114
Fax:. ( 911) 786 -9539
Permit Mir: 0l0'0Ll `+0 �
- - -_ .�_ -- __ -- Dat�. Requested
Owner's Marne Date deeded
Gen. Contractor — __I��' �` c �+ n r -Subcontractor _
Cont,3ct Number { C
Location s o //=t -� , Ave-) .
L
Inspector Date of Inspection
Type a f Inspection ectio ►? — -j- , r �, CJ OA ( ( .-_.—
YP p _ --
Pass
Fail
�- LEA LAX- VOU( LIXIOIJ AT � , N
Ali V-
Inspection Report
City of Tybee island
403 Butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
PhORe- (9121 786-45513 extension IL14
Fax: (912) 786-9539
Pertnit loo, O(-o n L-i to
Date Requested �A -
Owner's Name ---------- Date Needed D -1 2
0S 0
Gen.Contractor LoviJtcna-i-k- Subcontractor
Contact Numbe• 2-'j 3
Locatioll
Inspector Date of Inspection
Type of Inspection D 6- 3
Pass
Fail
t4",
.
Inspection Report
City of Tybee island
403 Butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
PhORe- (9121 786-45513 extension IL14
Fax: (912) 786-9539
Pertnit loo, O(-o n L-i to
Date Requested �A -
Owner's Name ---------- Date Needed D -1 2
0S 0
Gen.Contractor LoviJtcna-i-k- Subcontractor
Contact Numbe• 2-'j 3
Locatioll
Inspector Date of Inspection
Type of Inspection D 6- 3
Pass
Fail
DATE ISSUED: 04/17/07
WORK DESCRIPTION:
WORK LOCATION:
OWNER NAME
ADDRESS
CITY, ST, ZIP
PHONE NUMBER
CONTRACTOR NAME
ADDRESS
CITY STATE ZIP
FLOOD ZONE
BUILDING VALUATION
SQUARE FOOTAGE
OCCUPANCY TYPE
TOTAL FEE'S CHARGED
PROPERTY IDENTIFICATION #
PROJECT VALUATION
Zy� T1
\4 P
CITY OF TYBEE ISLAND
WATER METER PICKUP
NEW RESIDENTIAL BLDG - DUPLEX
1508 FIFTH AVE A & B
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
272 -0201
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
4667
P
$13,690.00
$500,000.00
PERMIT #: 060440
TWO WATER METERS
(3/4 -INCH) TOTAL BALANCE DUE: $ 0.00
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 harniless 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: )0, (Q&�
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 7964573 - FAX (912) 786 -5737
www.cityoftybee.org
Inspection Report
City of Tyree island
403 Butler Avenue
P-0. Box 2749
Tybee Island, G 31328
Prone: 1912) 786 -4573 extension 144
Fax: ( 912) 786-9539
n
Permit No. 0�0 - L �-! ``t — Date Regtjested _ n1 - 1 - CD
Owner's Name -- - - -- Date Needed
Gen. Contractor L o o 8 eve_— Subcontractors
Contact Number o L.. r
Date cif Ir-osperhon _ Z- ������ Time - - - -- Inspector
Type of Inspection _ �✓ h
F{I - _—
A a- r c si
Aw-1 :y.
;�'-
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 786 -4573 extension 114
Fax: (912) 786 -9539
Permit No. ��- �� `� o Date Requested
Owner's Name 11 _ bate Needed _ - I
�'7aSta`
Gen. Contractor I O c .
Contact Number
Location --
Date of Inspection -- ��% 1/ Time Inspector !+
Type of I nspertion _ ,1 0 e C - - --
� QASS
4
Inspection Report
CitV of Tybee Island
403 butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 186-4573 extension 114
Fax: (912) 786-9539
Permit No. C) -1 Li O Date Requested
Owner's Name Date Needed
8 L c ,-N
Gen. Contractor Subcontractor
Contact Number
Location J r
Date of Inspection Time .--- Inspector
Type of Inspection
Pi
DATE ISSUED: 08 -14 -2006
WORK DESCRIPTION:
WORK LOCATION:
OWNER NAME
ADDRESS
CITY, ST, ZIP
CONTRACTOR NAME
ADDRESS
CITY STATE ZIP
FLOOD ZONE
BUILDING VALUATION
SQUARE FOOTAGE
OCCUPANCY TYPE
TOTAL FEE'S CHARGED
PROPERTY IDENTIFICATION #
PROJECT VALUATION
CITY OF TYBEE ISLAND
BUILDING PERMIT
NEW RESIDENTIAL BLDG - DUPLEX
1508 FIFTH AVE A & B
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
COASTAL LANDMARK CONSTRUCTION
PO BOX 13308
SAVANNAH GA 31416
4667
P
$13,690.00
$500,000.00
PERMIT #: 060440
TOTAL BALANCE DUE: $13,690.00
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.
\ r
Signature of Building Inspector or Authorized Agent:
P. O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328
(912) 7864573 - FAX (912) 786 -5737
www.cityoftybee.org
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P r o p e r t y A d d r e s s :
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L e g a l D e s c r i p t i o n :
L O T 2 6 8 W A R D 4 T Y B E E
P h o n e : 3 5 5 - 6 6 9 9
C a l c u l a t e d A c r e a g e :
0 . 1 4 2 8 8 3 1 7
L a n d V a l u e :
$ 1 6 1 , 0 0 0 . 0 0
B u i l d i n g V a l u e :
$ 4 6 , 5 0 0 . 0 0
R e a l - e s t a t e V a l u e :
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S a l e P r i c e :
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S a l e D a t e :
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TYBEE ISLAND, GEORGIA
APPLICATION FOR BUILDING PERt,.IT
Location 1 - -���i _ PIP7 # 4- Qp 0E_-_U - ue-3
NAME• ADDRESS TELEPHONE
Owner
� .
Architect or
9g'
Engineer
Building
7 a -010 I
Contractor
M
(Check all that apply)
New Construction 'Renovation Minor Addition
Duplex Si a Family Substantial Addition
Residential__ ..�� Commercial Multi - Family
Footprint clf�nge!__ Repairs Demolition
Other
Estimated Cost of Construction:
Construction Type ! (Enter Appropriate Number)
(1) Wood Frame, (2) Wood & Mas'onry, (3) Brick Veneer, (4) Masonry,
(5) Steel & Masonry, (6) Other (Please specify)
Proposed Use:
Remarks:
ATTACH A COPY OF THE CERTIFIED ELEVATION SURVEY OF LOT and complete
the following information based on the construction drawings and
site plan:
Units_? Bedrooms A $athrocros
Lot Area �'7l L vang Space (Total SgF.t)
# Off - street Pa =king Spaces
Trees Located & Listed on Site P1an�i�
Access:
Driveway _ it (Ft.) With Culvert? With Swale?
Setbacks: Front Rear Sides (L) ' (R)
Stories Height: S� Vertical distance measured from
the average adjacent 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.
During Construction:
On -site restroom facilites will be provided through_•
On -site waste & debris containers will be provided by
_ .d►T d .. ��t�
Construction debris will be disposed of by 4-a- ;- _ _ at
by means of
I understand that I must comply with zoning, flood damage Control,
building, fire, shore protection & wetlands ordinances, FEMA
regulations and all applicable codes and regulations. T understand
that the lot must be• staked out and that the stakes will be
inspected to ensure that the setback requirements are met. I
understand also that a certified plot plan showing elevation must
be attached to this application and that an as -built elevation
certification is due as soon as the habitable floor level is
established. Drainage: I realize that I must ensure the adequacy
of drainage of this property so that surrounding proper` is in no
way adversely affected. I accept responsibility or in corrective
action that may be necessary to restore draina a ired by this
permittgLI4 construction.
i
Date 4 Signature of Applicant
Note:, A permit normally takes 7 to 10 d s to process. Please
bring two checks to nay fees for new construction. Thank you!
.................................. ...............................
The following is to be completed by city personnel:
Zoning Classification NFIP Flood Zone
Approved Rezoning /Variance?
Street P.ddress & Number: New - Existing. is in
compliance with city map. If not, has street name & /or
been reported to NUTC?
=EMA Certification Attached
State Energy Code Affidavit Attached
Utilities & Public Works:
Describe any unusual findings
Access to Building Site
Distance to Water Main Tap Site
Distance to Sewer Stub Site
Water Mete= Size
Storm Drainage
Approvals: Signature Date
Zoning Administrate i_ te- 4 -0 (, Fees,
Code Enforcement of,-.
� '� Permzt_
Water /Sewer Inspectiors 05 S.
storm Drainage o Total G/_
Fire Chief Water Tap //DO
Inspections - _ Sewer stub _ / /oO
City Manager Total'd /S ga?_
Perm% �
1,190.
5 , U-) s
ago (0 -
3 JAN-
`+ (P (P r7 •
C
4000.
t 3f 6 Rio.
so. 13, ��D
C",
CITY OF TYBEE ISLAND
INSPECTIONS DEPARTMENT
P.O. BOX 27x9
TY'.E ISLAND, GA. 33328
s
FOR STRUCTURES IN A FLOOD ZONE — FEMA CERTIFICATION OF ELEVATION'
IS REQUIRED.
NJZNF.
ADDRESS:
CONTRACTOR:
PERMIT R
YSL.
?ACKNOWLEDGED AND AGREED TO THEIS DAY Or
_ I9
OWNER /CONTRACTOR
STATE ENERGY CODE AFFIDAVIT
Project Name:
Address:
Permit Number:
Owners Name: �--�( 4,r��y►�972� s
This letter is to confirm the understanding of the owner/ contra ct.or
to the'compliance requirement of the Georgia State Energy Code for
Buildings, 1992 Edition.
I hereby declare that the design and construction of the referenced
project is in compliance with the Georgia State Energy Coda for
Buildings, 1992 Edition. Compliance has been achieved by one of
the three methods of designs indicated'in Chapters 4, a or 6 of the
code.
It is understood and agreed by the undersigned owner of agent and
contractor (if applicable) that the approval of the permit does not
constitute a privilege to violate the code and that any omission of
or misrepresentation of fact with or without intention of the
permit issued which was based on the approval of this application.
The owner as listed above will be held responsible for insuring
that all permits have been obtained and that all required
inspections7 have been ;Wade. The owner will be held legally liable
for any violations which may occur with or without his knowledge.
The owner shall be allowed to request a Certificate of Occupancy
when all previous inspections have been approved.
Owner and /or Aghn
Dat
Contractor
Date:
(12/93)
PERMIT FOR INFRA S'RUC].'URS ALTERATIONS
Date:
Name:
Addreamt
Telephone NO: Residence: Office:
NM: Any alteration to city -owned streets, curbs, sidewalks,
water lines, sewer lines, drainage pipes, catch basins, or other
elements of the City's infrastructure, requires A permit from the
City.; and an acknowledgement by the individual seeking to
accomplish the alteration, that:
a. The city's infrastructure will not be degraded in any
way. -
b. All necessary safety precautions will be undertaken.
c. The city will inspect the work in process and upon
completion.
d. The work will be accomplished to the city's
satisfaction.
a. The city shall be held harmless of any liability or
damages of any variety.
f. The individual has read applicable portions of the
city's code of ordinances dealing with the alteration, and
agrees to fully comply with such provisions.
Description of alteration:
A sketch or dxawiag must be attached illustrating the planned
alteration. Attached?
City Design Standards And Sueaifications: All alterations to the
city's infrastructure shall be accomplis )Aed in such a fashion so
as -to restore the infrastructure to essentially the same
condition that existed prior to the alteration, or to an improved
condition, as determined by the city.
Certification: I hereby acknowledge the above requirements, and
certify that I will perform the above described alteration in
accordance with these previsions.
Signature:
Date:
Approvals: Department Head: Insaectioas:
city Manager: -- - Date:
V
C� TY OF TYBEE ISLAND
INSPECTIONS DEPARTMENT
TEMPORARY ELECTRICAL SERVICE
AFFIDAVIT
PROJECT
ADDRESS:
OWNERS
PERiMiT
NUMBER: PIN:'
TM LETTER LS TO CONMM THE UNDERSTAN1m�riNG OF THE
OWNER/CONTRACTOR TO THE Co'NIPIJANCE REQUIREMENT OF THE
GEORGIA STATE 11DMMI CONSTRUCTION CODES.
"I HEREBY DECLARE THAT THE RFOTTEaTFn 'r'ENIPORARY FTTcyrRrra r
ZQMH iS INTENDED FOR THE CO1vIpLETION OF THE CONSTRUCTION
'PROCESS AND THE TESTING OF EQUIPMENT INSTALLED WITHIN THE
STRUCTURE.'
IT IS UNDERSTOOD AND AGREED BY THE UNDERSIGNED THAT THE
ISSUANCE OF TEMPORARY POjvER DdES NOT CONS 11, tj AppROVAL
TO 0 STRUCTURE. A CERTIFICATE OF OCCUPANCY MU,,;:[
BE ISSUED BY THE CITY OF TYBEE PRIOR TO THE STRUCTURE BEING.
OCCUPIED.
T OWNERlC'ONTRACTOR IS HEREBY' HELD RESPONSIBLE FOR ANY
VIOLATIONS TO THIS POLICY. A VIOLATION OF THIS pOLxCY 3VIAY .
RESULT IN DISC ,QN3;jg�LUAhCE OF THE ELECTRICAL SERVICE.
CONTRA,
ATE
'NITNESS DATE
`T}
I. Application Date:
II. Applicant's Name:
III. Applicant's Mailing Address:
. TcL No.:
IV. Property Location-
V. Tree Removal Requirements: In general, a tree density of tbree trees per each 4500 square
feet of area must be maintained, or the pre - approval density, if the existing tree density is
less, which pertains to ail trees having a diameter at breast height of six (6) inches or greater.
In addition, "SignJficaut trees" may only be removed under IWW circumstances, and must
be replaced with trees of like species having a minimum diameter of two (2) inches each, and
of a sufficient quantity so that the cumulative diameter of the replaced trees is equal to or
greater than the cumulative diameters of the significttut trees removed; or the applicant has
other mitigation options.
Significant trees are defined to include trees having a diameter at breast height of
ten (I0) inches or greater of the following varieties southern red cedar and hardwoods
native to the Georgia coast, including but not limited to oaks, magnolia, hickories,
sugarberry or backberry, red bay, ,piney ash or toothache, sycamore, tupelo, sweetgum, and
american holly.
Article 7 of the Land Development Code is attacbed to this permit, and sets forth
the fall particulars of tree removal, replacement, and protection requirements.
VI. In order to assure compliance with these requirements, the following information is
required: (Applicant is to initial each of the following, and provide attachments as required)
A._ Tree Survey, showing the location, size, and species of all trees having a diameter at
breast heigbt of six (6) inebes or greater, within the boundaries of the site; in
relationship to existing and planned improvements on the site.
B.T A written explanation as to which trees the Tree Removal Permit would apply to,
and why n is necessary to remove such trees.
C.— Applicant Attestation: I have reviewed Article 7, Tree Removal Regulations, of the
Tybee Island Land Development Code, and agree to comply with the provisions
thereof.
D._ A written declaration of which method of sigatficant tree removal mitigation will be
accomplished, If applicable.
VII. Applicant's Signature: Date:
VIII. Appro-vals:
Zoning Administrator: Date:
Yes_ No_ City Manager: Date:
To: Bob Thomson
From: Mark L. Williams
Date: April 28, 2005
RE: New City of Tybee Island Policy
Anyone proposing to do work on City property, in the City right -of -way or in a
city easement must first get approval from the Director of Public Works.
Anyone who proposes to excavate the ground, or causes the ground to be
excavated, on City property, in the City right-of-way or in a City easement to a depth of
three (3) feet or greater must first dewater the area of excavation.
ruw lia�m s ublic Wor ks r
Cc Walter Parker, Mayor
Cc Bob Thomson, City Manager
Cc Dee Anderson, Assist. City Manager
Section 11 -34 Noise Disturbance Prohibited.
No person shall make, continue, or cause to be made or continued, ex t
as
disturbance, or any noise in excess of the limits for such noise established in thisoy noise
a �aXi�]i1n_y�rmissible so and lPvelfi. With the exception of sound levels elsewhere
authorized by this Ordinance, Table 1 sets forth the maximum permissible so specified
or within the real property boundary sound levels allowed at
undary of a receiving laud use. Any activity or use that produces a
sound in excess of such noise levels for a receiving land use shall be deemed a "noise disturbance"
and is in violation of this Ordinance.
b• moment of W=d- 11e measurement of sound or noise shall be made with a sound level
meter meeting the standards prescribed by the American National Standards Institute or its successor
body. The instrument shall be maintained in calibration and good working order. Octave band
corrections may be employed in meeting the response specification. A calibration check shall be
made of the system at the time of any noise measurement. Measurements recorded
as to provide a proper representation of the noise source. The microphone used during shall taken so
shall be positioned so as not to create any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shall be used when
noise sources and other background noises shall not be considered in talon c other o�hon
where such background noise interferes with the g easurements except
this sound to be measured is what is be' pr��' noise being measured. It is the intention that
noises from isolated identifiable sources, but including ambient sound level Thofiexcluding ea all send
levels shall be made as close to the property line of the receiving land use as is practical.
- For any source of sound which emits a pure tone, the maximum sound level limits set shall be
reduced by 5 dBA.
2. Regardless. of decibel levels, the following equipment may not be operated
Pagel of 2
TABLE 1
Sound Levels by Receiving Land Use
ZONING CATEGORY OF
TIMEV„
RECEIVING LAND
SOUND LEVEL
USFa��
Limit, dBAH)
ResidentialR,
7 A.M. - 8 P.M.
60
Commercial
At all times 75
Noise Sensitive Area
At all times
55
Saturdays & Sundays
10 A.M. - 8 PM
As set forth in the Zoning
Ordinance for Tybee Island.
Any zoning district containing the letter "R"
a, Unless otherwise stated in
the Ordinance.
- For any source of sound which emits a pure tone, the maximum sound level limits set shall be
reduced by 5 dBA.
2. Regardless. of decibel levels, the following equipment may not be operated
Pagel of 2
J
between the hours of 8:00 P.M. and 7:00 A.M.:
a. Electrical power tools.
b. Motor powered, muffler equipped lawn, garden, and tree trimming equipment.
c. Constuction Equipment
(ORD.1996- 07;4/11/96)(ORD.1999- 33;9/23/99)
(Ord. Saturday & Sunday, Amended, 04/29/2005; Ord. 2005 -09, Amended, 04/01/2005; Ord. 2004 -11, Amended, 01114/2005;
Manual, Amended, 11/10/1999)
Page 2 of 2
Land Development Code
Article 7
TREE REMOVAL REGULATIONS
Sections:
7 -010
FINDINGS OF FACT
7 -020
PURPOSE
7 -030
APPLICATION AND EXCEPTIONS
7 -035
TREE PROTECTION DURING PLAT AND PLAN APPROVAL
7 -040
BUILDING PERMIT REQUIRED
7 -050
TREE REMOVAL REQUMMCNTS
7 -060
REMOVAL OF SIGNIFICANT TREES
7 -070
TREE PROTECTION DURING DEVELOPMENT
7 -08T
STANDARDS FOR TREE PLANTING AND REPLACEMENT
7 -090
PENALTIES FOR UNLAWFUL TREE REMOVAL
7 -100
APPEALS OF ACTIONS
Section 7-010
FINDINGS OF FACT
(A) Natural vegetative growth and trees add physical, aesthetic, and economic value to the island
and should be preserved where possible.
(B) Trees, help stabilize the soil with their root systems and control soil erosion caused by stone
damage as well as moderate surface runoff of rainwater.
(C) Trees make life more comfortable on the island by providing shade, cooling both land and
air, reducing noise and air pollution, providing scenic amenities, and provide habitat of
desirable wildlife.
(D) Trees are essential to the present and future health and welfare of residents and visitors to
Tybee Island.
(ORD. 1996-14;7111/96)
Section 7 -020 PURPOSE
The various sections of this article are adopted for the following purposes:
(A) To help control the effects of accelerated water run -off and soil erosion due to clearing, and
assist in dune stabilization and mitigation of storm drainage.
(B) To preserve and pro ~ect trees for buffers where land use and zoning requirements dictate
such buffers.
(C) To maximize the positive benefits of sitting buildings and parking on land in relationship to
mature trees.
(D) To ensure that responsible public agencies are made aware in timely fashion of proposed tree
removal activities.
(E) To help protect the investments of property owners and buyers, acrd provide mature native
island trees for the enjoyment of future generations.
Section 7 -030 APPLICATION AND EXCEPTIONS
The requirements of this ordinance shall apply to all parcels within the City. No trees shall be
removed within the City of Tybee Island except in compliance with this ordinance, with the
following exceptions:
(A) No permit shall be required for the removal of trees which endanger or obstruct public safety
and welfare as determined by the Zoning Administrator or designated City
Page 1 of 4
CITY Or TYBEE ISLAATD
SUBCONTRACTOR LIST
# Yidrl r# riesirti #iiriiee # * *k*kk * * # *tt�rat+ fir# k*+ �fidrtk #+k�k #tffrtkir * #Fii #keYit #salt *die
PLEASE LIST M NAME AND ADDRESS Or ALL PARTICIPATING
SUBCONTRACTORS BELOW:
1. NAME:
ADDRESS:
TELEPHONE: LICENSE N m-SER
2. NAME:
)MDRESS :
TELEPHONE: LICENSE N'JGER
3. NAM✓=
0
ADDRESS: -
TE:.W ?:i0NE :
LICENSE NUMBER
4. NAM :
ADDRESS:
iELE?z�714M . LICENSE
5. NAB :
ADDRESS:
TELEPHONE, LICENSE NUDM R
*-* * * * * * * * * * * * ** -Comm. INAL- * * * * * * * * * ** * * * * * ** DATE AUG -16 -209 k * ** TIME 14:29 * * * * * * **
MODE = MEMORY TRANSMISSION START= AUG -16 14:29 END = AUG -16 14:29
FILE N0. =547
STN COMM. ONE - TOUCH/ STATION NAME /EMRIL ADDRESS /TELEPHONE NO. PAGES DURATION
140. ABBR NO.
001 OK s 4438877 001/001 00 :00"21
-CITY OF TYBEE ISL. -
**** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** -CITY OF TYBEE - * * * ** - 912 786 9539- * * * * * * * **
RELEASES FOR ELECTRIC SERVICE FROM TYBEE ISLAND i
�
FOR SAVANNAH ELECTRIC. FAX TO: Lynn Brennan 9*2=944wW7 Phone 912 - 443 -5063
4.i3- $8'7,7
C)5-04-> (P
Location Address: L f tN Gt us ; c, W i ►,I k{ Lot # 2 A Release Date:
f
Type of Release: Temporary V P er�mane �
n� Subd Name:
Electrician: J rr r, , 4.. E t f- c.. Electrician Phone Number: 2 31- O -2 0 9
Owner /Builder: 0025 1t, ) Phone Number: �J `[� -1+4 S-0
Qb- 0'+40
Location Address: i 5 O S A+ -B j . Lot # 2 3 q Release Date: '3' `ko- O �o
/ S(Zu,JP'-'1IAJ
Type of Release: V Temporary _ Permanent Subd Name:
Electrician:q o s!5 c 11 Electrician Phone Number: 944- - F � b 7
OwnerBuilder: _ Q o a.fTmt Phone Number: a 7 -6710 l
Location Address:
Type of Release:
I Electrician:
Owner/Builder:
Temporary _ Permanent
# Release Date:
Subd Name:
Electrician Phone Number:
Phone Number:
1
1
I
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 7749
Tybee Island, GA 31328
Phone: 786 -4573 extensions 104, 107, or 114
Fax: 786 -9539
Perm it No. Ll yD Date Requested: C) C,
Owner's Name: Date Needed: C)
Gen. Contractor: �Oa5 01 tOLI J!' grLSubcontractor:
C !11-Jg A+ r-4A Ave,,.
Lecv-*ivTr WQ tfr- -S �,- ?.� - 0 1 (-) I
Date of Inspection: __Rj r o c. Type of Inspection: �13
(/
Comments: ?A
Inspector: �7 Time of Inspection:
7
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912.) 786-4513 extension 11-4
Fax: (912) 786-9539
C",
Peron it No. 4 L4 C) Date Rprjuevted
Owner'-c; Name Date N ceded
L cx
Gen, Contractor Subcontractor L-),e
Contact Number 2' �
Location AV e
0
Date of Inspection I/A/0-7 Time. Inspector
Type of Inspection 0 -) � � n-\-a J"
Cj
(� �114
r tA
40 e
C+ 4--c L5
L'A
Inspection Report
City of Tybee Ishind
403 butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 186-4513 extension 114
Fdx: (912) 786-9539
permit No. 0-1 Li Date Requested
CI
Owner y S Name Date Needed H - 07
Gen. Contractor L c Subcontractor
Contact Number
IS L)
Date of I nspectio n Time I nspecto r
6n-
Type of Inspection
Pi
Inspection Report
City of Tybee Island
403 Butler Avenue.
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 786-4573 extension 114
Fax: (912) 786-9539
Permit No. Do- C)q4C
Owner's Name
�aS al
Gen. Contractor
Contact Number
Location
Date Requested 0 9 - ( � - 0 ("C3
Date Needed DI- i3-0(0-
qubcontractor
Date of Inspection Time Inspector
Type of Inspection
A C / QASS
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, CA 31328
Phone: (912) 786-4573 extension 114
Fax: (912) 786-9539
Permit No. 0(n- 0440 Date Requested L1) q - (3 7. C) (,
Owner's Name Date Needed c 9 - 0 0 Co
Gen. Contractor. Subcontractor
Contact Nun) umber e- n ci 0L 3 S- �- � �
Location 15 0 <3 A -C� k A02) I
Date of Inspection Time Inspector —
A &,-L,-
Type of Inspection ( 0
z
iii... .F.�
�h
�~Sk •h:
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybree Island, GA 31328
Phone: (912) 785 -4573 extension 114
Fax: (912) 785 -9539
Permit No. f) (_D ! �'� L
Dwnar'r. Name
. -)o5�ol
Gen. Contractor L Q n d rA o.r k
Contact Number
Location (J O g
Date of Inspection
Date Requested - j �j ' L (o
Hate Needed
!lbcontractor SSe I I L= c .
�I �sseli L4 -(30`7
4" ("5 �-
Type of Inspection `jQ 'j} p 01.e)
Time Inspector
;•.37 ,
•bey_ fit;'
Inspection Report
City of Tybee Island
403 Butler Avenue
P.O. Box 2749
Tybee Island, GA 31328
Pbone: (91Z) 786 -4573 extension 114
Fax: (912) 786 -9539
Perivit No . - -- U _(� L} `�� mate Requested C) Lj -2
Owner's Dame ^ Date Needed
-�
a p-�-- - - - -- - - --
Gen. Contractor -- c�.� n r1 1� Subcontractor
Contact Number ,) �' � � 1.0 7-, � i C
Location I� g t 4c�'�� . - - - --
Inspector . -����
P Date. of Inspection
Type of Ins ectio n — (e Li
R _ ' ' ' �_
Fars
Fait
L N
r 1L L (I A� � v-- Fw-
4
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Inspection Report
City of Tybee Island
403 Butler venue
P.O. Box 2749
Tybee Island, GA 31328
! hOPe- (912) 786 -4513 extension 114
Fax: (912) 786 -9539
Permit No. Oco ' n H y o
Owner's Marne
Gen. Contractor
Contact N timber
Date Requested
Date !weeded
QH - -2 �, - D-�
O`7
Subcontractor '___ P,2 e nCJ o � ` P
Location O D
Inspector Date of Inspection
T ype of Inspection 0 i n s D I? 17� J1�
t i �-.
�— --
Pass
Fail