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Home My Public Portal About20160418 PC PACKET.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw John King Charles MatlockCITY ATTORNEY David McNaughton Edward M. Hughes Planning Commission Meeting AGENDA April 18, 2016–7:00 p.m. A. Call to Order: B. Consideration of Minutes: 1. Meeting ofMarch 21, 2016 C. Disclosures/Recusal: D. Old Business: E. New Business: 1. Site Planwith variance–Considerationof a Marsh Buffer Variance: Dawn & Samuel Shay III4 Billfish LanePIN 4-0006-11-018 Adjournment: PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw John King Charles Matlock CITY ATTORNEY David McNaughton Edward M. Hughes Planning Commission Meeting MINUTES March 21, 2016–7:00 p.m. Chair Bishop called the March 21, 2016 Tybee Island Planning Commission meeting to order. Commissioners present were Demery Bishop, Ron Bossick, Marianne Bramble, Tina Gann, John King,Charles Matlock and David McNaughton. Consideration of Minutes: Chair Bishop asked for consideration of February 8, 2016meeting minutes. Commissioner Matlockmade the motionto approve, Commissioner Bossick seconded the vote to approve was unanimous. Disclosures/Recusal: Chair Bishop asked if there were any disclosures or recusals, there were none. Old Business: Chair Bishop asked staff to give an update on old business;Mr. Shaw stated he would like to give an update on a couple of items, the R/C Park the applicant haswithdrawnand Planning Commission will not will not see that one in the near future. Mr. Shaw also stated on the Short term rental ordinance council did appoint an AD HOC committeeand they have a May deadlineto bring something back to Planning Commission. Commissioner McNaughtonaskedMr. Shaw concerningthe R/C Park and changing the ordinance, hasthere been any thought to draw an ordinance so this would not be repeated. Mr. Shaw stated two years ago when the ordinance was changed it was becausethey did not want the ordinance to be toobroad so they made a list of approveduses. Commissioner Bishop asked staff to Advise Commission on who is on the Ad Hoc committee. Mr. Shawread offthe list. Commissioner Bishop stated so there was no consideration to include a member of planningfor the Ad Hoc committee. Mr. Shaw stated that is right. Chair Bishop also stated there is no indication that it would return to Planning Commission and it would be appropriate that planning be represented in those meetingsas to not create toomany unanswered question. Mr. Shaw stated that his understanding is that if there is something different than what this body has seen before, it should come back here first. Commissioner Matlock asked should we make a motion to be involved in the committee. Chair Bishop stated that we have already put our recommendation in there. Commissioner Bramble made a requestto be on the list.Mr. Shaw stated that the Mayor asked for two namesfrom each Council member and that was the extent of the process. Commissioner Bossick asked if legal counsel willbe there. Mr. Shaw stated that was not decided that day and the members have not meet yet. NewBusiness: Quit Claim –Request to purchase city property: Mr. Shaw approached the Planning Commission and stated that there is a typographical errorin the proposalit should be .06 acres not .60. The applicants Dave and Martha Makelwould like to purchase a piece attached to their property that has been used by previousowners of that property. The property has been referenced as a right of way but the property does not go through to another street it runs off Van Horn and is a sliver of property already inside the Makel’sproperty and has been used for parking by prior owners as well. Commissioner McNaughton asked has the city abandoned this piece. Mr. Shaw stated that is a legalquestion that Icannot answer but I thinkit has not been used by theCity in a long time. CommissionerBossick this will not take away a right of way? Mr. Shaw statedit is not a right of way it is a dead end so city does not lose a through street. Commissioner McNaughton asked if this space could become greenspace. Mr. Shawyes it could but it is insignificant. Chair Bishop asked if the comparable propertieswere correct and the appraisedvalue of this piece iswhat the purchase price would be. Mr. Shaw stated yes the City can use this price or use it to start negotiations. Commissioner Bramble asked did you say the City would give away the right of way. Mr. Shaw stated no we are not giving away the right of way. Commissioner Gann do we know how the City originally acquired this property, and there is no potential use. Mr. Shawstated no it has been in place for a long time and there is no known value in it for the City. Ms. Martha Makel approached the Planning Commission and stated she is a resident of Virginiaand owns the subject property at 34 Van Horn. Ms. Makel also stated that the area in question will be used for parking for the threeapartments that will be at the Van Horn address. Commissioner Bramble what will you do with the basement. Ms. Makel stated they will use the basement for storage and a shop. CommissionerBossick asked Mr. Shaw about the property beingzoned R1. Mr. Shaw statedit is a continuing non-conforming use as apartments.CommissionerMatlock made a motion to accept the proposal as stated, Commissioner McNaughton seconded and the vote to accept was5-1, Commissioners McNaughton, Matlock, Gann, King and Bossick approvedand CommissionerBramble opposed motion carried to approve. Variance –consideration of second staircase Ingress/Egress for safety: Mr. Shawapproached the Planning commission stating that the applicant would like a second means of egress for safety reasonsand the only area will put the steps two and a half feet into the setback, they would like to get a variance for the stairs because this is an odd shaped lot and there is no way to avoidnot going into the setbackbecause of the grinder station and A/Cunits in the way. Commissioner McNaughton asked at what point it isin the setback. Mr. Shaw stated the encroachment would be two and a half feetinto the setback. CommissionerBramble asked if they can go over the pumps. Mr. Shaw stated that would put them in the setback in the front and he thought maybe the steps could turn under the house but not sure if there was enough clearance. Commissioner Bossick asked how wide is the existing deckand is marsh in the way. Mr. Shaw stated it is approximately six feet and there is room from the marsh.Chair Bishop stated that this ordinance was created from an incident where a family had a fire and for this reason twoaccessesshould be done for public safety. Mr. Victor Sasser approached the Planning Commission and stated he is the resident of homeat 1 Lighthouse Lane and he has explored all the options he could and this was the best option. Commissioner Bramble stated if you are comingto us for safety reasons why do you have a grill on deckthat has no access if a firehappens. Mr. Sasser stated he is very careful when he grills. Commissioner Bossick asked Mr. Sasser if you can come down half way and turn the opposite way you would notbe in the setback. Mr. Craig Harrison approached the Planning Commission and stated he lives at 144 South Campbell and he is a contractor representing the applicant and stated that the picture shows how the stairs would interfere with the air-conditioningunitsand would make it hard to change the units out. Chair Bishop asked if there were any consideration of using a circular stair coming from a platform from the existing deck. Mr. Sasser stated he does not think there is enough room and he is not comfortable with the safety of a spiral stair case. Chair Bishop stated the areaat the back left corner of the deck for a circular stair. Mr. Shaw stated that would be a better locationfor one. Commissioner Matlock asked if a spiral staircase can be used for egress from a legal point. Chair Bishop stated yes we do have several in some homes on the Island. Mr. Sasser stated that area would be inside the DNR jurisdiction. Commissioner McNaughton made a motion to approve this application as presented and was seconded my Commissioner King the vote to approve was 5-1, Commissioners McNaughton, Matlock, Gann, King and Bossick approved and Commissioner Bramble opposed motion carried to approve. Discussion –City of Tybee C-2 Parking Suggestions: Mr. Shaw approached the Planning Commissionand stated that he was requestedto research options for alternative parking requirements for the C-2 district along highway 80, the remaining empty lots and redevelopment of some of the existinglots is difficult due to theCity’s parking requirements. Mr. Shaw researched a number of options other thanjust the city building a parking lot which we could do. Mr. Shaw .2 stated these are the options, 1. . 3. . 4. . 5. . 6. Mr. Shaw told Planning Commission member that they can recommend one or a few of these or stay with current ordinance, that is the feedback City Council is looking for.Commissioner Matlock stated what is driving this because all these suggestions appear to be a relief of requirement and they are usually in place for a reason. Mr. Shaw stated that it is the belief of some folks that it is difficult to develop what is down there now and or redevelop existing businesses due to the parking requirements. Some businesses in that area have no parking or were allowed to use Butler Avenue as parking. Commissioner King stated it should be driven by not enough parking, it is one of the easiest areas on the Island to park and where isa space to put a parking lot ifwe do. Mr. Shaw stated the space for the parking lot would be right next to Tim’s Bike Rentals. Commissioner Bossick stated that requiring less parking would create more of a traffic hazard also when the crosswalks went in on the other end of Butler we lost about 20 or 30 spaces. We do need to build a parking lot somewhere before changing C-2 Parking requirements. Commissioner McNaughton stated that he would not want to recommend anything unless he has more information like who proposed this and why. Mr. Shaw stated that Councilman Garbett was theone that directed himto do this research. Commissioner Bramble stated she has always wondered why parking services haven’tgone down 80when that’s clearly part of Tybee, we should be making people pay and have a shuttle service take them to one our new crosswalks. Chair Bishop stated we need to know the why and what reasons we should consider this. Mr. Shaw stated this was just a discussion so no recommendation is needed. Commissioner Bramble made a recommendation thatwe sendthis back to Council memberBill Garbett for more informationas to why he wants us to discuss this and what his priorities are for this parking discussion. Commissioner Bossick made a motion to adjourn the Planning Commission meeting and Commissioner Bramble seconded. Meeting adjourned at 8:21. Project IDDescriptionNamePropertyStatusApplied DateIssued Date 150466NEW DECK AND FENCE/REPAIRSJUDY SILVA BEAMAN1075 BAY STOpen03/21/201603/21/2016 160116PANEL INSTALLATION ON WALLCITY OF TYBEE SIXTEENTH & OCEANOpen03/01/201603/01/2016 160117TREE REMOVALVIRGINIA PRICE MASINGILL1311 LOVELL AVEComplete03/01/201603/01/2016 160118REPAIR DECKING/FLOORWARREN HODAD MILLIKAN114 SECOND AVEOpen03/01/201603/01/2016 160119ADD STORAGE SPACE UNDER HOUSEJAMES WILLIAM COLEY612 MILLER AVEOpen03/01/201603/01/2016 160120NEW WINDOWSSAVANNAH BEACH AND1217 BAY STREET 117AComplete03/01/201603/01/2016 160121sLIDING GLASS DOORSJOE E PENNY1A SECOND AVEComplete03/02/201603/02/2016 160122REPLACING HANDRAILSRON/NANCY HARDESTY14 OCEANVIEW CTOpen03/02/201603/02/2016 160123TREE REMOVALHERB TRAUB11 THIRTEENTH STComplete03/02/201603/02/2016 160124ADD NEW DECK & STAIRSJENICE SESTI3 PALMWOOD STOpen03/03/201603/03/2016 160125SOLAR PANELSPETER&HELEN WALLENBORN1 MARSH CREEK COVEOpen03/03/201603/03/2016 160126REPAIRS TO DECK AND STEPSTHOMAS A SMITH216A EAGLE'S NESTOpen03/03/201603/03/2016 160127NEW ROOFGEORGE&PAT LEIBY812 BUTLEROpen03/03/201603/03/2016 160128REPAIR/REMODELLAWRENCE BRODY8 EIGHTH LNOpen03/04/201603/04/2016 160129INSTALL FENCECONNIE R HARTLEY24 VETERANS DROpen03/04/201603/04/2016 160130TREE REMOVALTHOMAS SOODSMA1607 SECOND AVEComplete03/04/201603/04/2016 160131MECHANICAL PERMITLULU/JAMES BROWNLEE/CASTLE29 TAYLOR STOpen03/07/201603/07/2016 160132REPAIR RESIDENTIAL BLDGFRANCIS WOOLDRIDGE1508 FIFTH AVE BOpen03/07/201603/07/2016 160133DRIVEWAY, PATIOJAMES&KATHLEEN SANFORD15 SODA ROCK LANEOpen03/07/201603/07/2016 160134NEW HEATING & A/C UNITSKEVIN AMMAR2 A ELEVENTH PLACEComplete03/09/201603/09/2016 160135REPLACE WINDOW/GLASS DOORDAVID KINDRED10 CENTER TER APTSOpen03/09/201603/09/2016 160136REPLACE HVAC SYSTEMCHARLENE GRISSOM22 VAN HORNOpen03/09/201603/09/2016 160137FINISH INSIDE NEW ADDITIONRENEE SHAMP66 VAN HORNOpen03/09/201603/09/2016 160138ROOF OVER EXISTING BIKE RACKSAVANNAH BEACH AND1217 BAY STOpen03/09/201603/09/2016 160139REPLACE 8 WINDOWSDIANA&PAUL HOLLIS703A FOURTEENTH STOpen03/10/201603/10/2016 160140REPLACE HVACSANDY MAJOR164 S CAMPBELLComplete03/10/201603/10/2016 160141REPAIR COMMERCIAL BLDGFRESH AIR HOME906 BUTLEROpen03/10/201603/10/2016 160142TREE REMOVALHUGH BEASLEY606 JONESComplete03/10/201603/10/2016 160143NEW SINGLE FAMILY RESIDENCEKEVIN MCATEER1515 MILLER AVEOpen03/10/201603/10/2016 160144NEW SINGLE FAMILY HOMEROSEWOOD INVESTMENTS, LLC6 ROSEWOOD AVEOpen03/10/201603/10/2016 160145REPLACE LINESSANDRA R. LUXENBERG14 EIGHTEENTH PLComplete03/11/201603/11/2016 160146TREE REMOVALTHOMAS & BARBAR MORGAN1302 JONES AVEComplete03/11/201603/11/2016 160147ADD CARGO LIFTCHARLES H. MOORE1104 BUTLER AVEComplete03/11/201603/11/2016 160148STAIRS IN BACK YARDDONNA MEACHAM SMITH203 FIFTH AVE AOpen03/11/201603/11/2016 160149REPAIR STEPS AND FENCEROSS ARNSDORF15 N CAMPBELL AVEOpen03/11/201603/11/2016 160150REPLACE 8 WINDOWSB. D. CANNADY61 VAN HORNOpen03/11/201603/11/2016 160151INSTALL FENCEJEFFERY A CRAMER11 JONESOpen03/14/201603/14/2016 160152CHANGE ELECTRIC PANELMARTHA&DAVE MAKEL304 NINTH STComplete03/14/201603/14/2016 160153REDO HVACTYBEE LITE SHRINE CLUB1 MEDDIN DRComplete03/15/201603/15/2016 160154NEW HVACJOSEPH FREWER3 TWELFTH STComplete03/15/201603/15/2016 160155TREE REMOVALJEFFERY A CRAMER11 JONESOpen03/15/201603/15/2016 160156NEW HVACALAN&RHONDA KINNEY18 ELEVENTH STOpen03/15/201603/15/2016 160157TREE REMOVALE C CARTER104 NINTH STComplete03/15/201603/15/2016 160158TREE REMOVAL - DEAD TREESHARON KAMMA14 A LOGAN STREET MAINComplete03/16/201603/16/2016 160159DRIVEWAY ROCKCATHERINE JARMAN1519 JONESOpen03/16/201603/16/2016 160160DOCK/CROSSOVER -RESIDENTIALCAPTAINS ROW HOMEOWNERS ASSOC1 CAPTAINS VIEWOpen03/16/201603/16/2016 160161WALKWAY, PATIOGREG STOEFFLER1201D BAY STOpen03/18/201603/18/2016 160162INSTALL FENCESHARON KAMMA14 A LOGAN STREET MAINOpen03/18/201603/18/2016 160163KITCHEN CABINETS AND TILEVIKTOR SASSER1 LIGHTHOUSE LANEOpen03/18/201603/18/2016 160164ADD ROOF TO EXISTING PORCHOSAL EVANS607A MILLEROpen03/18/201603/18/2016 160165DOCK/CROSSOVER/REPAIRSKATHERINE LYNES502 TENTH STOpen03/21/201603/21/2016 160166NEW FOUNTAIN/PARK OF SEVEN FLACITY OF TYBEE0 BUTLEROpen03/21/201603/21/2016 160167ADD THIRD FLOOR ADDITIONKENNETH GRAINGER3 THIRTEENTH LANEOpen03/22/201603/22/2016 160168NEW WINDOWSDANIEL&CHRIS O'MALLEY1201 LOVELL AVEOpen03/22/201603/22/2016 160169NEW WINDOWSFREDERICK GILSDORF1312 JONESOpen03/22/201603/22/2016 160170NEW SINGLE FAMILY HOMENOEL BRETZ911 MILLEROpen03/22/201603/22/2016 160171REPLACE DOORLAUREN K. DAVIS116 BUTLER BOpen03/23/201603/23/2016 160172NEW ROOFDANIEL J. O'LEARY,1004 JONESOpen03/23/201603/23/2016 160173NEW HEATPUMP/CONDENSING UNITSHIRLEY FARRAHAR404 BUTLER AVE 133Open03/23/201603/23/2016 160174ROMOVE WALLREPAIRSABRAHAM LARA402 FIRST STOpen03/23/201603/23/2016 160175DRIVEWAY, PATIOMAXIE WILDES1514 BUTLEROpen03/23/201603/23/2016 160176TREE REMOVALGABRILLE/LYNN FRANKLIN/HARPE1709 BUTLERComplete03/24/201603/24/2016 160177NEW HEAT PUMPTERESE JUNG18 THIRTEENTH LANEOpen03/24/201603/24/2016 160178ELECTRICAL PERMITKATHRYN K MCLEOD2 DOGWOODComplete03/24/201603/24/2016 160179NEW ROOFJOHN & ELIZ. KINGSTON105 EIGHTEENTH STOpen03/28/201603/28/2016 160180ADD PERGOLA TO PORCHB. D. CANNADY61 VAN HORNOpen03/28/201603/28/2016 160181MECHANICAL PERMITMOLA CHU JUNG1508 BUTLER 308Open03/28/201603/28/2016 160182SPA INSTALLEDCHAPEL BY SEA-PARSONAGE211 SECOND AVEOpen03/28/201603/28/2016 160183REPAIR RESIDENTIAL BLDGRICHARD POWERS1511B BUTLEROpen03/28/201603/28/2016 160184ADD WINDOWSTO BACK OF BUILDINGGINGER RATTERREE1513 BUTLER AVEOpen03/28/201603/28/2016 160185GENERATOR TRANSFER SWITCHDREXEL TAYLOR7 HORSEPEN PT DRComplete03/29/201603/29/2016 160186INSTALL FENCERLH HOLDINGS LLC1105 HWY 80Open03/29/201603/29/2016 160187REPLACE WINDOWSCHERYL&KYLE KELLEY26 PULASKIOpen03/29/201603/29/2016 160188REPAIR HVACCHANDLER KINSEY16 HORSEPEN PT DROpen03/30/201603/30/2016 160189DRIVEWAY, PATIOBETSY ROBBINS27 OFFICERS ROWOpen03/30/201603/30/2016 160190DRIVEWAY, PATIODAVID KINDRED10 CENTER PLOpen03/31/201603/31/2016 STAFF REPORT PLANNING COMMISSION MEETING: April 18, 2016 CITY COUNCIL MEETING: May 12, 2016 LOCATION: 4 Billfish LanePIN: 4-0006-11-018 APPLICANT:Dawn & Samuel ShaysOWNER:Dawn & Samuel Shays EXISTING USE: Empty parcelPROPOSED USE: Single family dwelling ZONING: R-2USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland CottageNeighborhood APPLICATION:Zoning Variance (5-090) fromSection 3-090.1(Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback). PROPOSAL:The applicant isrequesting setbackvariance to build into the marsh bufferapproximately 1200 square feet. ANALYSIS:The applicant is requesting to build an approximately 1650 square foot home on a platted parcel that only has approximately 450 square feet of upland outside of the marsh buffer. While the area outside of the marsh buffer was slightly larger when the subdivision was approved in 2004 it was still smaller than most house footprints on the island. Currently the available buildablearea is significantly smaller than most homes and is irregularly shaped. Variance standards require that the applicant meet the following conditions: (1)That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particularproperty; and, (2)That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. (3)A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. There are unique physical circumstancesof size and shapedue to the marsh buffer requirement. It would be very difficult to develop the parcel without a variance. The Comprehensive Plan describes the Inland CottageNeighborhood as follows: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree-lined streets laid out in a grid pattern. The area is varied in landuse as it contains permanent residential properties, multi-family homes, rental properties, parks, low-impact commercial establishments, and public buildings. 1 Comprehensive Plan –Community Character Area The Inland Cottage Neighborhood Sec. 1.2.6 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment, and restoration should be consistent with the existing Y character of the area in terms of mass, scale, use and density 2.Permit only compatible uses including low density residential, public/institutional, and low Y impact commercial 3.Develop and implement design and architectural standardsN/A 4.Implement streetscape improvement to improve the pedestrian/bicycle environment and N/A encourage safety andmobility 5.Historic structures in this area should be restored and/or preserved whenever possibleN/A 6.The City should provide appropriate incentives for historic restoration projectsN/A 7. STAFF FINDING Due to the change in the marsh buffer line this lot is nearly unbuildable without a variance. Staff recommends a variance of some size, perhaps not for the entire building footprint requested but for some reasonable amount to allow for the construction of a compatible home for this area. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Variance application(5 pages) B.Survey (1 page) C.Site Plan (1 page) D.SAGIS map (1 page) 2