HomeMy Public PortalAbout100_010_Varience Marsh Buffer-Iocovozzi STAFF REPORT
r FOR THE PLANNING COMMISSION MEETING OF: March 16, 2015
FOR THE CITY COUNCIL MEETING OF: April 9, 2015
LOCATION: 166 S. Campell Ave. PIN: 4-0016-02-016
APPLICANT: Kevin Iocovozzi OWNER: same
EXISTING USE: Single Family Residential PROPOSED USE: same
ZONING: R-2 USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Marshfront Neighborhood
APPLICATION: Marsh Buffer Variance
PROPOSAL: The applicant is requesting a marsh buffer variance from to allow for construction of a boardwalk,
extension of their deck and construction of an outdoor shower within the 25-foot marsh buffer required by Section
3-090.1.The total disturbed footprint of the proposed project would be 96.5 square feet. The outdoor shower would
be connected to sanitary sewer and would not drain to the marsh.
ANALYSIS: The general character of the 166 S. Campbell Avenue area is developed residential.The property was
purchased by Kevin and Kim Iocovozzi in 2014. Permits issued since his ownership are listed in the table below.
DATE PERMIT VALUE DETAILS STATUS
10/01/14 14-0669 $2,500 Replace pier footer foundation at rear of structure complete
01/22/15 15-0022 $1,200 Screen in covered deck open
There is one habitable structure at 166 S. Campbell Avenue. It was constructed in approximately 1940 and is
classified as pre-FIRM. The costs of improvements to the structures are being tracked. Work to date on the
dwellings has not exceeded the 5-year cumulative limits of 50% of the market value of $32,800 per the 2014
Chatham County Tax Digest property card.
The parcel is bisected by the S. Campbell Right-of-Way (ROW) and the house is located on the eastern side of S.
Campbell Ave.The property on the eastern side of S. Campbell Ave has approximately 2,800 Sq. Ft. of uplands.
The majority of the upland area of the eastern portion of the lot and the rear of the house lie within the 25 foot
marsh buffer.Accordingly, the following provisions of Sec. 3-090.1. -Streams,lakes, coastal marshlands and
freshwater wetlands buffer/setback apply to this proposed project:
Section 3-090.1(C)(2)Exemptions:
g. Such minor land disturbing activities as home gardens and individual home landscaping, repairs,
maintenance work,fences, and other related activities which do not result in any soil erosion as defined in
the current version of the minor land disturbing guidelines issued by the state department of natural
resources. Such minor land disturbing activities may not result in total disturbance of more than cumulative
100 square feet per parcel
1. Creation of an access path to water-dependent uses through the buffer when designed, constructed, and
maintained pursuant to applicable best management practices.
Section 3-090.1(D) Standards and Regulations
1
(2) A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands, measured
horizontally from the estuarine area. All land disturbing activity is prohibited within the 25 foot buffer
unless a variance or buffer encroachment permit is granted.
Section 3-090.1(E)(1)Buffer encroachment permit.
(1) General.
a. No person shall conduct any land disturbing activity within the coastal riparian buffer without
first obtaining a buffer encroachment permit from the city to perform such activity.
b. Buffer encroachment permits may be issued by the city if the land disturbing activity constitutes
construction of a porch, deck, boardwalk, or similar structure that is an accessory use to a
residential dwelling, constructed and designed in accordance with applicable best management
practices. In the case of construction of a structure to be located outside the buffer, an
encroachment permit of no more than ten feet may be granted for construction purposes. All
disturbed areas must be restored to a natural state.
c. The following factors will be considered in determining whether to issue a permit:
1. Whether the buffer encroachment will result in a reduction of the quality of the water
exiting the parcel, or a diminishment of a uniform coastal marshland scenic vista;
2. Whether the proposed development in the buffer will be conducted in accordance with all
design guidelines, low impact development techniques, and other applicable best management
practices;
3. Whether the proposed intrusion into the buffer is the minimum intrusion necessary to
accomplish the purpose of the intrusion;
4. Whether a feasible alternative design exists that would result in no intrusion into the buffer.
The Marshfront Neighborhood is described in the Comprehensive Plan as follows:
These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential
development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and
many lots contain access to the water via tidal creeks. The surrounding marsh provides scenic views,
natural resources, a recreational amenity, and dock access to the water. Due to the close proximity of
marshland and local waterways, land use and protection of natural resources requires special
consideration in these neighborhoods. The nature of existing zoning classifications has preserved some
undeveloped land within these areas.
Staff determinations for this variance request as related to the Recommended Development Strategies for the
Marshfront Neighborhood Character Area of the Comprehensive Plan are provided below.
Comprehensive Plan—Community Character Area
Marshfront Neighborhood—Section 1.2.8
Meets
Recommended Development Strategies Strategy
YIN or N/A
1. New development, redevelopment and restoration should be consistent with existing character I,
of the area in terms of mass, scale,use and density.
2. Permit only uses compatible with the character of the area. Y
3. Permit only uses that will not adversely impact the marsh environment. Y
4. Establish and enforce marsh buffer standards within this area,and identify uses that will be
allowed within the buffer and those that will be prohibited.
5. Tree preservation should be prioritized to protect the scenic and habitat value of this area. N/A
6. Encourage land uses, through clearly defined guidelines, that protect against stormwater Y
2
pollution including: xeriscape landscaping,pervious surfaces,and erosion and sedimentation
control.
7. Limit housing density, size,and height within this area through zoning. N/A
STAFF FINDING: The total disturbance proposed within the buffer is less than 100 square feet, which is the
threshold for minor land disturbing activities,which are exempted from the requirement to apply for a marsh buffer
variance, as outlined in Section 3-090.1(C)(2)g. The proposed walkway could also be considered an "access path"
and exempted under-Section 3-090.1(C)(2)1. The reason the applicant was required to apply for a marsh buffer
variance for the proposed project was due to the construction of an outdoor shower in the marsh buffer. Due to the
limited amount of uplands of the property in question, the location of the house primarily within the marsh buffer,
the limited amount of disturbance within the buffer, and the connection of the shower to the sanitary sewer, the staff
find that this project satisfies the four factors to be considered when issuing a marsh buffer variance.
Furthermore, staff finds the location of a walkway, extension of the deck and construction of an outdoor shower is
in keeping with the character of the neighborhood.
This Staff Report was prepared by Courtney Reich.
ATTACHMENTS
A. Application(3 pages)
B. Survey, narrative and site plan from the applicant(3 pages)
C. GIS map(1 page)
D. Permit application(1 page)
E. Photographs of existing conditions (3 pages)
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PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: March 16, 2015
Petitioner: Kevin&Kim Iocovozzi
Project Name/Description: 166 S. Campbell/Section 3-090.1(E)(1)b
Action Requested: consideration of marsh Buffer encroachment variance for proposed
outdoor shower.
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval_ Conceptual
Variance X Preliminary Plan Approval
Map Amendment Final Plat Approval
Text Amendment Minor Subdivision_ Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
COMMISSIONER FOR AGAINST COMMENTS
Bishop X
Bossick X Motion to approve
Bramble X Seconded
Livingston X
Major Recuse
Marion Chair
McNaughton Absent
The Planning Commission recom - ds: ® App oval ❑ Denial ❑ Continued
Planning Commission Chair: / Date: 1 _ ' �" -1 r
ff
Planning& Zoning Manager: / «.�/�, / __ Date: -/e--/s-
Planning
CITY OF TYBEE ISLAND Fee
ZONING VARIANCE APPLICATION commercial $500
Residential $200
Applicant's Name Ktm �- I L 2 v L►� I p�rp V ) l..'Z
Address and location of subject property I 'S f b 4v-t.
PIN -00/G v 1 01.5
Applicant's Telephone Number /1 A" 3/3 " S-20('
Applicant's Mailing Address I 3-1 y.a , e"".'t', S 4✓ - Cr4 3
Brief description of the land development activity and use of the land thereafter to take place on the property:
Steil e.
Property Owner's Name di M-f /Z4J0.... 2-07-46-0Z3-4' Telephone Number /)- 3/.1 c / o U
Property Owner's Address 4. (��- S r4v - 6-0- 3 • 'y/t..)
Is Applicant the Property Owner? t/Tes No
If Applicant is the Property Owner, Proof of Ownership is attached: Yes
If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of Property t2 Current Use Sr e L M r l 'Names and and addresses of all adjacent property owners are attached: '-"'Yes
If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government
official during the two (2) years immediately preceding the filing of the application for this zoning
action, and the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of Campai n Contributions form attachment hereto: ✓ Yes
3 /-1--it S
Signature of Applicant Date
NOTE: Other specific data is required for each type of Variance.
Fee Amount$.2 S-D Check Number 16-1-1-41 Date 3 - S/
City Official
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
REFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
of lot restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance request.
Explain the hardship:
V rb eo s e %torn.- 5 ko w-., I, 111- ('1,rtes
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity,
narrowness, or,
6.— shallowness of the lot size or shape, or,
exceptional topographical or other physical conditions peculiar to the
particular property.
5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be
developed in strict conformity with the provisions of the Land Development Code, without
undue hardship to the property.
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject property, indicating uniqueness, etc.
5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the
petitioner shall be required to:
Add two feet to each side yard setback for each one foot above 35 feet in
height, and,
Have safeguards consisting of sprinkler systems, smoke detectors and other fire
protection equipment deemed necessary at the time by the Mayor and Council;
and,
Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be
required to add two feet to the rear setback for each foot above 35 feet height.
The Applicant certifies that he/she has read the requirements for Variances and has provided the required
information to the best of his/her ability in a truthful and honest manner.
Signature of Applicant Date
5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a
period of 12 months from date of approval. Such approval is based on information provided in the application.
Building permits may only be granted for plans consistent with the approved application. Any deviation from the
information submitted will require separate approval by the mayor and council.
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CITY OF TYBEE ISLAND
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Have you within the past two (2)years made campaign contributions or gave gifts having an
aggregate value of$250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES NO _1,›C
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAME OF CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL OR MORE OR MORE
IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION,
THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5)DAYS
PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR
GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE
PLANNING COMMISSION OR MAYOR AND COUNCIL.
Signature � � W
Printed Name t`Z v Le-. L. 0 vO ZZ-I
Date " ��
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Project description for 166 S Campbell Ave
Tybee Island, GA
1. Construct an outside shower within the 25'marsh buffer. The shower will be
raised 4" off the ground with a base dimension of 5'x 5' (25 square feet). The
shower's construction will meet or exceed Tybee's building codes.
The base will consist of 4 treated 4"x 4"5' posts placed upon 8"x 8"x12"
footings.
The four posts will support Four 2"x 4"x5'treated rim joists which will
support 15 1"x 4"x 5's installed as shower decking.
The shower walls will be 5'tall &5'wide and consist of corrugated sheet
metal walls,cut to fit and trimmed and capped in treated lumber.
The shower will be located two feet away from the existing house as shown
in the site plan.
A prefabricated fiberglass 5'x 5'shower pan will be located below the
showers decking to collect all shower water and drain into the house's
existing septic tank. Hot and cold water will be plumbed to code and
originate from the existing house.
2. Construct a raised wooden walkway within the 25' marsh buffer from the
back porch steps to the new landing attached to the wood existing deck.
The walkway will be located as shown in the site plan.
The walkway will be 23'x 30" (57.5 square feet) and will be connected to
a new 20"x 8" (14 square feet) landing which will be built and attached to
the existing deck. The deck will sit on 4"x 4" posts sitting on 8"x 8"x12"
footings with 2"x 4"treated rim joists and treated 1"x 6 "decking will be
utilized.
Total square feet of fixed walkway,landing and shower base will be less than
100 square feet(25 shower+ 57.5 walkway+ 14 landing= 96.5)
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4 D City of Tybee Island, Georgia
912-472-5030' Fax 912-786-9539
APPLICATION FOR BUILDING PERMIT
Property Address: jt ( S CCcMPCl/ Ave- PIN:
Name Mailing Address Telephone
Owner Kei I',✓ 6(' 1'CA 0,11.me. C Home:
�000V6221 S4vco,A.' k c 31y1G Cell: 812-313"5'7ao
Architect or
Engineer Office:
Cell:
Contractor ke.,y.`\ cc. Office:
�� ` i Cell: ql2-30?-35'5—
ma Check all that apply
Single Family ❑ Discovery/Tearout ❑ Demolition or Relocati n
❑ Duplex ❑ Footprint Changes \ Other S,de. waiK�Sc.r I
❑ Multi-Family units ❑ additional square s k61•�
❑ * Commercial unit(s) feet heated/cooled
* A commercial project requires 2 sets of sealed drawings by a design professional and construction by a contractor with
the appropriate State of Georgia professional license. A commercial project may require Site Plan Approval.
Details of Project: SC.r'-ct1./ (N E�( ' COU`tr �c K
eft),(etc- ( 'l NctAi £X*-crtar ShoZ,1'cr i'� <'
Qu r� 2voo� Ord e. 2t�kll.
CCU
Estimated Cost of Construction: $ )UOQ, (materials + labor+ profit/overhead)
If-applicable, attach a copy of the certified elevation certificate and/or survey of the property. Depending upon
the scope of the work, two sets of construction drawings and/or a site plan may be required.
Year Built: Listed on National Historic Register or located within a National Historic District? Y / N
• Buildings older than 50 years may be eligible to be listed on the State/National Register. With this designation, you
may be eligible to take advantage of various tax incentive programs while preserving the heritage of Tybee Island.
• Also see the Tybee Island Land Development Code Article 14: Historic Preservation
During construction:
On-site restroom facilities will be provided through . Construction debris will be disposed
by by means of , I understand that I must comply with zoning, flood
damage control, building, fire, shore protection and wetland ordinances, FEMA regulations and all applicable codes and
regulations. I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way
adversely affected as required by Article 16, Stormwater Management. I accept responsibility for any corrective actions
that may be necessary to restore drainage impaired by this permitted construction.
Date: Signature: FEES
Printed Name of Applicant: Permit
Inspections
Note: A permit normally takes 7 to 10 days to process. Processing time for a Cap. Cost Rec.
historic structure may be longer. Water Tap
Sewer Stub
Approvals: Signature Date Eng. Fees
Planning &Zoning Manager Aid to Const.
Building Official
Water/Sewer
Storm/Drainage
City Manager TOTAL
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