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HomeMy Public PortalAbout20160516_PC PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann John King Charles Matlock David McNaughton A. Call to Order: B. Consideration of Minutes: 1. Meeting of April 18, 2016 C. Disclosures/Recusal: D. Old Business: CITY MANAGER Diane Schleicher COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA May 16, 2016 — 7:00 p.m. for City Council Meeting June 9, 2016 — 7.•00 p.m. 1. Site Plan/Marsh Buffer Variance — 4 Billfish Lane — consideration to build in Marsh Buffer Samuel & Dawn Shay Zone R2 PIN 4-0006-11-018 2. Discussion of C-2 Parking E. New Business: 1. Minor Subdivision — 402 Ninth Street — consideration of combining 1 lot to 2 Lots Susan Deason Zone R2 PIN 4-0005-24-006 2. Setback Variance —1402 Jones Avenue — consideration of back door porch with lift Willaunell Williams Zone R2 PIN 4-0007-19-001 3. Discuss June 20, 2016 meeting change Adjournment: LLS CITY ATTORNEY Edward M. Hughes PLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann John King Charles Matlock David McNaughton Planning Commission Meeting MINUTES April 18, 2016 — 7:00 p.m. CITY MANAGER Diane Schleicher COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the April 18th 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 March 21, 2016 meeting minutes. Commission Bossick made the motion to approve, Commissioner Matlock seconded, and 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 if there were any old business to discuss, there were none. New Business Site Plan with variance— Consideration of a Marsh Buffer Variance: Mr. Shaw approached the commission and stated applicants Dawn and Samuel Shay would like to request to encroach into the marsh buffer for Billfish Lane off Jones Avenue. This subdivision was created in 2004, the lot in question had a marsh buffer affecting the lot, but it may or may not have been buildable at that time. Then the recent survey shows the marsh buffer changing and encroaching more in the buildable area. The amount of area is 1201 square feet. Commissioner Bramble asked Mr. Shaw if he said it was not buildable in 2004. Mr. Shaw stated it was a bigger area in 2004 now it is smaller. Commissioner Gann asked if the rules changed since 2004. Mr. Shaw stated he believes Tybee did not have the buffer in 2004. Commissioner Gann stated it does show it on the 2004 subdivision plat and the original buildable area was fifty by fourteen is that right. Mr. Shaw stated that is correct and that size is approximate. Commissioner Gann stated that is not very big to start with. Mr. Shaw stated he is not certain why the subdivision was approved like this to begin with in 2004. Commissioner Bossick stated that whole area is 50% or more in the buffer and there is one that's not completed it just has a foundation and pilings, the DNR setback for Tybee came later with the 25' buffer, he stated there is also a note on the plat that says "no concrete pads or grading within buffer see DNR letter dated 10/14/2014 and yet there are homes there. Mr. Shaw stated the two buildings in the back have been there or many years, the one up front is newer and the one with just a foundation he believes was built because of the buffer rule. Commissioner Matlock asked if DNR has limits now. Mr. Shaw stated as he understands they're not enforcing marsh buffers which is why we put ours in. Chair Bishop asked if a variance is approved by this Commission or recommended for approval are they then required to get approval by DNR. Mr. Shaw stated if state approval is required yes, but I don't believe there is a state buffer at the moment. Chair Bishop stated the lot is delineated by DNR. Mr. Shaw stated yes there is one on the plat and what he has been told, and it is possible things have changed is that they stopped enforcing buffers a couple years ago due to lawsuits. Commissioner McNaughton stated that he does not have the ordinance 3-0901 that the application refers to but he looked at it on line and the requirements are much more severe, there are a number of documents required that are not in our packets. Mr. Shaw stated he must have missed those so yes the packet is incomplete. Commissioner Bossick stated the 3-0901 has a section on grandfathered in issues that will definitely impact this approval. Commissioner Gann asked if the DNR reinstituted this in 2004. Mr. Shaw stated he has not heard. Dawn and Sam Shay approached the commission and stated that they bought this property in good faith and waited 10 years to build, and now they have decided to build and this new rule affects them being able to build. The subdivision was approved in 2004, so why are we not able to build and what can we do. Commissioner Bishop stated that is more directed to staff but he will try and explain from a Planning perspective we are task with ensuring any land disturbing activity complies with our Land Development code, there are portions of the LDC that have been modified and amended as well as DNR applications and we are guided by that as well in our package of material. Also if property has been previously developed with a subdivision then it is normally assumed that should something change with regards to the requirements that they would be grandfathered and this is where the Commission is asking of staff, like in what way has it changed and did this meet all requirements at the time of development and if so we need to know that in our packets. He also stated that Planning Commission only makes a recommendation to City Council and they make the final decision. Ms. Shay asked if what was missing from the packet something we should have turned in because we thought we turned in was everything that was needed. Mr. Shaw stated he has to take full responsibility for that he was looking at the wrong variance section so he thought he had a complete package. Ms. Shay stated that this puts us out at least another two months. Chair Bishop stated yes it is hard for us to assume without having all the material in front of us. Chair Bishop asked if the lot was buildable at the time of the Subdivision. Mr. Shaw stated yes it was a buildable lot at the time the Subdivision was done. Chair Bishop stated his concern is if there is a grandfathering statement in the Section 3-090.1 would that not be applicable now. Mr. Shaw stated that he would think so. Commissioner King asked if there had to be a variance asked for on the original subdivision plat and was one applied for. Mr. Shaw stated there was no proposed residence prior to now. Mr. Shay stated based on what you guys are saying that subdivision should have never been built, but it was and it was approved so I would think that it should be grandfathered in. Commissioner Bramble asked if they could ask for a substandard lot of record, which it looked like. Mr. Shaw stated it is a narrow lot. Commissioner Bramble stated we are not able to control the sea level from rising and changing areas so that's why these ordinances are put in place. Mr. Shay said he understands that, but they expected to be able to build. Commissioner Gann asked when was the house built on lot A and was there a variance request for that lot. Mr. Shaw stated there was no variance request for lot A or lot C but there was a Bulkhead built for both lots. Mr. Shay stated based on what you guys are saying the bulkhead should not have been built they encroached in the marsh. Mr. Shaw stated it would have had to have been turned in before 2014 for a permit, but it also says after august 2014 this section shall apply to all new subdividing and plating activities and this is request is for house construction so he thinks it can be grandfathered in. Commissioner Bramble asked if they should reapply for something else or do they go another way. Mr. Shaw stated he would like to ask the attorney for a better clarification because it appears to him that the grandfathering clause applies to them and then they would not need the variance. Commissioner King asked should this have had a variance for the whole subdivision and if not was it because of not having a code. Mr. Shaw stated that he found no variances for this subdivision at all back then and presumably the City was not enforcing any marsh buffers then. Mr. Shay stated that they received a letter from the DNR saying that this was a buildable piece of property when they bought the property. Commissioner Gann asked to look at the letter. Mr. Shay gave the Planning Commission a copy of the letter. Commissioner Bossick stated to staff to look in the Sec. 3-090.1 (G) 1 it says that Mr. Shaw has that authority to grant encroachment. Chair Bishop asked Mr. Shay when you bought the property was that from Jones Cottages LLC. Mr. Shay answered yes and we bought it in 2006. Commissioner Bramble asked if Jones Cottages is still in business. Mr. Shay stated the LLC quit when they finished that Subdivision. Commissioner Bramble stated that was the problem back then with LLC's they would liquidate after they sold everything. Mr. Shay stated that would not be true because the City has assets in the Subdivision. Mr. Shaw stated yes this was a single piece of land divided. Chair Bishop stated the letter does indicate from EPD that they would allow encroachment into the 25' natural buffer, but with conditions stated in the letter and the current site plan shows some of these conditions that are not permissible. Mr. Shaw stated piers can be in the buffer. Commissioner Matlock asked Mr. Shay if it is his intent to pour a pad. Mr. Shay stated yes for parking. Commissioner McNaughton stated the letter says you can't pour concrete in the buffer. Commissioner Gann asked if Planning can even make a decision on this because of the DNR buffer. Chair Bishop stated our LDC requires that we provide input to make sure we are complying with Tybee before DNR issues, so he thinks this letter still stands, if there is precedence for other properties that have been built we are null and void with our deliberation it's a done deal. Commissioner McNaughton stated the City Attorney should make the call on this. Commissioner Marianne stated at the time you bought the property Tybee was in a building frenzy and a lot happened that should not have and in her opinion she thinks it would be easier to be grandfathered. Chair Bishop under the Helmly survey there is reference to a letter from DNR in 2014. Mr. Lewis D. Benedetto approached the Commission and stated he has lived at 912 Second Avenue for 30 years and he asked the Commission how they felt about the concrete pad and what do they do with about the lot? Chair Bishop stated we are guided by facts and we are asking the same questions. Mr. Shaw stated they can do other variations like piers. Commissioner Bramble stated this should be tabled and taken back to the City Attorney to see if it is grandfathered or not. Mr. Shaw stated they would have to come back either way. Commissioner McNaughton stated even if the Attorney says it is grandfathered in we still have a DNR issue with no concrete pads. Mr. Shaw stated that would still apply and they would have to use a different construction method. Commissioner Gann stated that this needs to be tabled so the information can be sorted out for the Shay's to be able to build. Commissioner Bramble made a motion to table this request for the City Attorney's grandfathering question answered. Chair Bishop asked if the commission should request more information in that motion. Commissioner McNaughton stated yes we should ask for an interpretation of what if any portions of 3-090.1 apply to this application for a variance and someone to take a look at the DNR letter of 2014 to determine how that legally would affect the application. Commissioner Bramble amended the motion to include Commissioner McNaughton's comments. Commissioner Gann seconded the motion and the vote to table was unanimous. Commissioner Bossick made the motion to adjourn and Commissioner Bramble seconded. Meeting adjourned at 8:14pm. Lisa L. Schaaf Project ID IDescription IName jProperty IStatus jApplied Date I Issued Date iDwellingType jProjectType 160191 PAVERS AROUND POOL MICHAEL BROWNE 1313 SIXTH Open 04/01/2016 04/01/2016 Private 160192 INSTALL FENCE AND LATTICE THOMAS & BARBAR MORGAN 1302 JONES AVE Open 04/01/2016 04/01/2016 Private CONST 160193 REPLACE HVAC AMY COURSEY 817 FIRST C-1 Open 04/04/2016 04/04/2016 Private MECH 160194 NEW ROOF JERRY SKINNER 12 FORT AVE Open 04/04/2016 04/04/2016 Private CONST 160195 DRIVEWAY, PATIO KURTIS SCHUMM 1409 JONES Open 04/04/2016 04/04/2016 Private 160196 REPLACE HVAC ELIZABETH M KUSTIN 85 VAN 25C Open 04/05/2016 04/05/2016 Private MECH 160197 TREE REMOVAL - DEAD TREE BETSY ROBBINS 27 OFFICERS ROW Complete 04/05/2016 04/05/2016 Private TREE DEAD 160198 REPLACE HVAC JERRY WILLIAMS 602 FIRST ST A Open 04/05/2016 04/05/2016 Private MECH 160199 STREET CUT KEVIN MCATEER 1515 MILLER AVE Open 04/05/2016 04/05/2016 Private STREET 160200 TREE REMOVAL - DEAD TREE BEN REED 1317 SEVENTH AVE Open 04/05/2016 04/05/2016 Private TREE DEAD 160201 CHANGE HVAC KC COTTAGE, INC. 912 LOVELL AVE Open 04/06/2016 04/06/2016 Private MECH 160202 INSTALL FENCE TRACY YOUNG 1 EIGHTEENTH PL Open 04/06/2016 04/06/2016 Private CONST 160203 TREE REMOVAL JESSANNA SMITH 1018 US HWY 80 Complete 04/06/2016 04/06/2016 Private TREE 160204 OUTLETS/WATERHEATER RUTH KRAUSS 909 MILLER AVE A Open 04/06/2016 04/06/2016 Private CONST 160205 FABRIC & ALUMINUM AWNING DON GORDON 1213 HWY 80 H1 Open 04/06/2016 04/06/2016 Private CONST 160206 DOORS/NEW GLASS EDMOND&KATHRYN FURIA%PROPST 107 EAGLE'S NEST Open 04/06/2016 04/06/2016 Private CONST 160207 6' WOODEN PRIVACY FENCE KELLI LAWSON 1228 SOLOMON AVE Open 04/06/2016 04/06/2016 Private CONST 160208 CONCRETE PAVERS FOR PATIO LARRY KEITH GLOVER II 5 CEDARWOOD Open 04/06/2016 04/06/2016 Private 160209 TREE REMOVAL PATRICK/ANDREA PADGETT 1602 JONES AVE Open 04/06/2016 04/06/2016 Private TREE 160210 CHANGE HVAC STEPHEN/MARY FRANKLIN 204 FIFTEENTH ST Open 04/06/2016 04/06/2016 Private MECH 160211 REPLACE REAR PORCH STEPS ROBERT FEARON 6 SECOND AVE Open 04/14/2016 04/14/2016 Private CONST 160212 GEFA-DEEP WELL PROJECT CITY OF TYBEE 76 POLK ST-DPW Open 04/08/2016 04/08/2016 Private WELL D 160213 PORCH ADDITION AND ELEVATOR KAREN GARAPPOLO 1412 JONES Open 04/08/2016 04/08/2016 Private 160214 REMODELFOR 3 APPARTMENTS DAVID&MARTHA MAKEL 34 VAN HORN Open 04/12/2016 04/12/2016 Private CONST 160215 DOCK/CROSSOVER - RESIDENTIAL JOHN %SHEEHAN MOCK 1609 CHATHAM AVE Open 04/12/2016 04/12/2016 Private CONST 160216 INSTALL FENCE/GATE ELDO HARTZ 19 SILVER Open 04/13/2016 04/13/2016 Private CONST 160217 INSTALL FENCE RLH HOLDINGS LLC 15 TYBRISA B Open 04/14/2016 04/14/2016 Private CONST 160218 REPLACE 8 WINDOWS ROBERT FEARON 6 SECOND AVE Open 04/14/2016 04/14/2016 Private CONST 160219 TREE REMOVAL MARY ELLEN BUTLER 7 SEA BREEZE LN Open 04/14/2016 04/14/2016 Private TREE 160220 REPAIR DECK BOARDS JERRY & MARIA LANCASTER 1307 JONES Open 04/15/2016 04/15/2016 Private CONST 160221 ADD 10'X10' SCREEN PORCH JAMES A NADEAU 1014 SECOND AVE Open 04/15/2016 04/15/2016 Private CONST 160222 NEW SHINGLE ROOF PAT O'KANE 8 ANDERSON ST Complete 04/15/2016 04/15/2016 Private CONST 160223 REPAIR COMMERCIAL BLDG ROYAL PALM MOTEL 909 BUTLER AVE Open 04/18/2016 04/18/2016 Public CONST 160224 CHANGE HVAC NIKOLE NORVELL DAHLKE 410 MILLER AVE B Open 04/18/2016 04/18/2016 Private MECH 160225 REPLACE HVAC KENNETH D WALMA JR 10 DOGWOOD AVE Open 04/18/2016 04/18/2016 Private MECH 160226 REPLACE WINDOWS HENRY&SHERRA BARTON 5 MILLER AVE Open 04/19/2016 04/19/2016 Private CONST 160227 NEW RESIDENTIAL-SF JAMES P. HESTER 5 RIVER OAK LN Open 04/20/2016 04/20/2016 Private CONST 160228 BATHROOM RENOVATION MARK & DONNA BURNS 1211 BUTLER Open 04/26/2016 04/26/2016 Private CONST 160229 CHANGE HVAC & BUILD PLATFORM GARRY L. CARLS TRUST 1509 CHATHAM Open 04/20/2016 04/20/2016 Private MECH 160230 ACCESSORY STRUCTURE ARMY EVENT THIRD & BUTLER Open 04/21/2016 04/21/2016 Private ACCBLDG 160231 SIDEWALK C.E. HALL 1711A STRAND Open 04/21/2016 04/21/2016 Private 160232 INSTALL FENCE IRVING VICTOR 1709 LOVELL AVE Open 04/25/2016 04/25/2016 Private CONST 160233 REPAIR ROOF POWERS BROADWATER PROP 1 TWELFTH ST Open 04/25/2016 04/25/2016 Private CONST 160234 INSTALL FENCE CYNTHIA PEDERSON 7 THIRTEENTH ST Open 04/25/2016 04/25/2016 Private CONST 160235 REPLACE HVAC PAM GARDINER 1101 BAY STREET B Open 04/27/2016 04/27/2016 Private MECH 160236 NEW ROOF FINANCIAL FREEDOM 10 LIGHTHOUSE LANE B Open 04/27/2016 04/27/2016 Private CONST 160237 DEMOLITION OF SECTION OF DOCK JACK BOYLSTON 1407 CHATHAM AVE Complete 04/27/2016 04/27/2016 Private 160238 REPAIR STAINED GLASS WINDOWS ST. MICHAEL'S CHURCH 801 BUTLER Open 04/27/2016 04/27/2016 Public CONST 160239 WINDOWS RANDAL & MARGAR GILES 201 JONES Open 04/27/2016 04/27/2016 Private CONST 160240 NEW FRONT DOOR ROBERT & ELLIS 24 TAYLOR Open 04/28/2016 04/28/2016 Private CONST 160241 REPLACING ROTTEN FASCIA JERRY WARDLAW 7 B CENTER PLACE Open 04/29/2016 04/29/2016 Private CONST 160242 REPAIR/REPLACE DECK H. %J. PORTMAN HEYMAN 116 BUTLER A Open 04/29/2016 04/29/2016 Private CONST Applicant's Name CITY OF TYBEE ISLAND ►PPRQVAL WITH VARIANCE Address and location } of subject property L 4 PIN 7 V � � /l, ()l Applicant's Mailing Address 70, Z!:5/71- Site Llan Fee Cornmercial $500 Residential $250 I/aria! nce Fee Commercial $500 Residential .$200 VON -1 C14Atf-,- Applicant's Telephone Number r ozy-4 ;�r, ' -7,2-7', �C'r4- tl& �1 vim. Brief description of the land development activity and use of the land thereafter to take place on the property: i'i'i' Explain the requested Explain the hardship Property Owner's Name.,��_ Telephone Number �. Property Owner's Address �o ����`� ,` Is Applicant the Property Owner? Yes 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 Zoninq of Property . Z c�k Current Use U 6WOWo.LM �U Names and addresses of all adjacent property owners are attached: k 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 luring e twy2) years immediately preceding the filing of the applicatj,pn for this zoning acti ,/ �"I r Jy Signature of Applicant 1"A Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. /..... ........................................................................... Fee Amount Check Num er Date I j( City Oficial MOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. 3 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping / plan. ✓ Disclosure of Campaign Contributions Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. Section 5-040 (D)(1) A survey of the property signed and stamped by a State of Georgia certified land surveyor. Section 5-040 (D)(2) Provide attachments illustrating conditions on the subject and surrounding properties indicating that there are unique physical circumstances or conditions including: irregularity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property 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. Sections 5-090 (A)(1) and 5-090 (A)(2). 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. Section 5-090 (B) The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.' The Applicant certifies that he/she has read the requirements for Site Plan Approval with Variance and has proviod the regy#ed information to the best of his/her ability in a truthful and honest manner. SignatVV of AppflcOt Date 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 l` IF YES, PLEASE COMPLETE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTION 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 $A50 .00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION 0 AYOR AND COUNCIL. Signatur �` P nae Printed Name Date FI,3 A'o Sec. 5-080. Site plan approval. The site plan approval process is intended to provide the general public, planning commission, and mayor and council with information pertinent to how a new development will affect the surrounding area and the city as a whole. Where no variance is necessary for the intended project, or development, there is no evaluation process or set of regulations other than what is required to be shown on the site plan and listed upon the application. Where no variance is requested, site plan requirements are intended as a tool for public information. Where a variance and/or zoning action is requested in connection with a site plan, the standards applicable to the variance and/or zoning action applied for shall apply. (A) Process Upon submittal of the site plan, the zoning administrator will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the Chatham County Engineer. Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this Land Development Code. Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and council will not approve the plan. However, once the first public hearing is held, site plan approval may commence at any scheduled meeting of the mayor and council. (B) Other zoning actions. Because special review, variances and map amendments require site plans, site plan review may be the first step in the permitting process, however, the site plan should identify any other zoning actions necessary in order for the intended development to be constructed so that a public hearing can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan approval should encompass approval of all other zoning actions necessary to accomplish the development, however, if the intended development is to be altered from an approved site plan, additional public hearing and review is necessary if an additional special review, variance or map amendment is necessitated by the proposed alteration. (C) Site plan longevity. After a site plan has been approved by the mayor and council it shall be valid for a period of 18 months from the date of approval. If a building permit is not issued within said 18 months, an extension of up to 90 days may be issued with the approval of the building and zoning department. In the absence of an extension or at the end of an extension, if a building permit has not been obtained, the site plan approval shall be void and a new application must be submitted for site plan approval. For site plans approval prior to the effective date of this amendment, such plans shall be valid for 18 months from the effective date hereof and if no building permit is issued during that 18 months or a 90 -day extension obtained, a new application for site plan approval must be submitted and the prior site plan approval shall be void. Ord. No. 2005-14, § 1, 5.26-2005) sec. 5-090. variances. (A) Standards After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development Code only if the following findings are made: (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, peculiar to the particular property; 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. (B) Height variances. For height variances, 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 safe -guard consisting of sprinkler systems, smoke detectors and any other fire protection equipment deemed necessary at the time by mayor and council. 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 the 35 feet height, and have safe -guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by mayor and council. (B) 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. (C) [Reviewing variance applications]The staff, planning commission, and governing body, shall consider the factors stated herein in reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations. (D) [Application approval.] Notwithstanding any other provisions of the Code of Ordinances, the staff of the community development department through its department head may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the mayor and council as follows: I. When either of the following circumstances exists: a. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing structure; or b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition. II. When each of the following circumstances also exists: a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood elevation; and b. The requested improvements or construction will not violate existing zoning provisions. This subsection shall have specific application to existing nonconforming structures as referred to in section 3-020. If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may request review by the planning commission and if the request is approved or rejected by the planning commission then the planning commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020 and 3-090 as well as the public hearing requirements referred to in section 5-060. In the event the staff request review by the planning commission and the planning commission rejects the request, the applicant may apply for the granting of a variance and follow the procedure applicable to such request before mayor and council. (F) Compliance with ordinances. Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances. Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance that is granted under this Ordinance does not excuse prior violations including those that have resulted or may result in enforcement action by the City of Tybee Island. (Ord. No. 2005-14, § 1, 5-26-2005) Sec. 3-080. Off-street parking requirements. (A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. (2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used In conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use.. (5) Private docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious. (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads is 30 miles per hour or less. (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. (5) All newly constructed and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one -inch of stormwater. (D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows: (1) One parking space per each 200 square feet of retail or commercial gross leasable floor area. (2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated city official. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council. (3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (4) A miniature golf course shall provide one parking space for every two holes. (5) Hotels, motels: a. One parking space for each guest unit without a kitchen facility. b. Two parking spaces for each guest unit with a kitchen facility. c. Two parking spaces for each manager's unit. d. One parking space per each 200 square feet of retail or commercial gross leasable floor area. e. One parking space for every two employees. f. One designated delivery/loading zone. g. Recreational vehicle overnight connection facilities are prohibited.. (6) For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking space. (7) Maritime District. a. Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the required dimensions of section 3-090 b. Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats for charter passengers. c. All changes to parking in the maritime district that involve loading, unloading and transporting of boats will require a parking plan submitted to the city detailing the turn radii of drive aisles. (E) Off-street parking dimensions. Standard j 8 x 20 feet 1 8 x 20 feet 9 x 18 feet 9 x 18 feet 9x 18 feet 9 x 18 feet 9 x 18 feet Aisle Width 12 feet 24 feet 15 feet 18 feet 24 feet 22 feet 24 feet Dimensions of Angle Distance from curb 45 15' 60 � 16 - --- 75 17' 90 1 18' Parking Angle Parallel Parallel 45 degrees 60 degrees 60 degrees 75 degrees 90 degrees )al -King spaces. Curb distance 121711 1014-1 91411 9, Curb distance Traffic Direction One-way Two-way One-way One-way Two-way One-way One-way or Two-way Offset offset 15, 9' 41 611 0 (F) Exemptions from off-street parking requirements. (1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot. (2) A structure whose primary use is a church or place of religious worship shall be exempt from all off-street parking requirements. Chatham County 71 ow'4�y 2015 Pr,Qpe* Tax Statement Bill No. PT Chatham County Tax Commissioner 2015-2942513 PT www.chathamtax.org 222 W. Oglethorpe Ave, Suite 107 P.O. Box 9827 Savannah, GA 31412 MAKE CHECK OR MONEY ORDER PAYABLE TO: Chatham County Tax Commissioner SHAY DAWN D & SAMDEL M III (1% interest per month vall 700 IRONWOOD DR UNIT 727 be added if not paid by POINTE VEDRA BEACH FL 32082 due date) Map: 4000511018 Location: BILLFISH LN 313/16, 9:24PM Due Date TOTAL, DUE 1 111 412 01 5 Printed: 313/2016 Total Amount Enclosed ❑0001DOf D CHATHAM CO TAX COMM PYMT LOCKBOX P.O. BOX 117037 ATLANTA, GA 30368-7037 Adjusted Net. Taxable RETURN THIS PORTION WITH PAYMENT Chatham County Tax Commissioner Entity FMV Assessment Exemptions Value Rate Gross Tax Credit www.chathamtax org STATE TAX 114,600 45,920 45,920 0.050 $2.30 222 W. Oglethorpe Ave. Suite 107 COUNTYM&O 114,800 45,920 45,920 12644 $569.80 P.O. Box 9827 t �,: 4 OG Tax Payer: SHAY DAWN D & SAMUEL M III Savannah, GA 31412 r: y Map Code: 4000611018 16.631 $763.70 $763.70 Description: BILLFISH LN 6.571 $301.74 $185.70 Bill No: 20155-2942543 -2527 -$116.04 t 1777 r7 District: 040 TYBFF 32.258 Phone: (912) 652-7100 Fax: (912) 652-7101 $1,481.76 Land - Fair Market Stephensl Stephens) Due Billing -- --Payme� Value Value Value Aces Value Day Day CPf Date Date Good Through Exemptions 114,61)0 0.15 114,600 1111412015 3x"16 31352016 Adjusted Net. Taxable Millage Entity FMV Assessment Exemptions Value Rate Gross Tax Credit Net Tax STATE TAX 114,600 45,920 45,920 0.050 $2.30 $2.30 COUNTYM&O 114,800 45,920 45,920 12644 $569.80 $530.06 COUNTY SALES TAX CREDIT -1.301 -$58.74 COUNTYSCHOOLMRO 114,800 45,920 45,920 16.631 $763.70 $763.70 TYBEE ISLAND 114,800 45,920 45,920 6.571 $301.74 $185.70 TYBEE SALES TAX CREDIT -2527 -$116.04 TOTALS_ 32.258 $1,657.54 $175.78 $1,481.76 This gradual reduction and elimination of the state property tax mitlage rate is the result of property tax relief passed by the Governor and the House of Representatives and the Georgia State Senate. Tare "Payment Good Thmugh" date is for the tax year indicated above ordy. If an amount appears in the Current Due $1,481.76 "Back Taxes" cDlumn, a different due date is applicable. Interpenest In accordance with O. C.G.A. 413-2-44, delinquent taxes are charged imerest at a rate of 1% per month or thprevious anPayments y portion of a month_ Once taxes aro 90 days late, a 10% penalty is added to all bills except those tar $1,481.78 Homesteaded property which are less than $500.00. Bark taxes TOTAL DUE -mea srarohe xa;as vu http:l/www.calhounsoftware.cam/chatham/PropertyCard.aspx?ld=40006%2011018&yr=2015 Page 1 of 1 the project plans and specifications and such measures are fully implemented. (D) The board may adopt rules and regulations that provide for an expedited process for certain categories of activities within the buffer based on the size, scope, location, and character of the proposed activity within the buffer. (E) The buffer requirements of this paragraph shall not apply to crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. (F) The buffer shall not apply to: (i) Any land -disturbing activity conducted pursuant to and in compliance with a valid and effective land -disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (ii) Any lot for which the preliminary plat has been approved prior December 31, 2015, if roadways, bridges, or water and sewer lines have been extended to such lot prior December 31, 2015, and if the requirement to maintain a 25 foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. (c) Nothing contained in this chapter shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in subsection (b) of this Code section. (d) The fact that land -disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Code section or the terms of the permit. HISTORY: Ga. L. 1975, p. 994, § 4; Ga. L. 1980, p. 9.42, § 3; Ga. L. 1989, p. 1295, § 3; Ga, L. 1990, p. 8, § 12; Ga. L. 1994, p. 1650, § 2; Ga. L. 1995, p. 10, § 12; Ga. L. 1995, p. 150, § 2; Ga. L. 2000, p. 1430, § 2; Ga. L. 2003, p. 224, § 5; Ga. L. 2004, p. 352, § 1; Ga. L. 2006, p. 72, § 12/SB 465; Ga. L. 2009, p. 619, § 1/SB 155; Ga. L. 2010, p. 523, § 1/HB 1359; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2015, p. 1051, §§ 2, 3/SB 101. View Full lof1'-: Book Browse O.C.G.A. § 12-7-6 (Copy w/ Cite) Pages: 8 LexisNexis"-' About LexisNexis I Privacy Policy I Terms & Conditionsnif= "W.pTM Copyright © 2016 LexisNexis, a division of Reed Elsevier I I e tt 513/2016 GA - GAC Rule --7-.11 Coastal Marshlands Suffer Vari n PrQ!cedmreS and Criteria (1) Buffers on state waters are valuable in protecting and conserving land and water resources. Therefore, there is established a 25 foot buffer along coastal marshlands, as measured horizontally from the coastal marshland -upland interface, except: (a) Where the Director determines to allow a variance that is at least as protective of natural resources and the environment under the variance criteria in 391-3-7-.11(2) through (7) or under the variance by rule criteria in 391-3-7-.11(9); or (b) Where otherwise allowed by the Director pursuant to O.C.G.A § 12-2- 8; or (c) Where an alteration within the buffer area has been authorized pursuant to O.C.G.A. §12-5-286; or (d) For maintenance of any currently serviceable structure, landscaping, or hardscaping, including bridges, roads, parking lots, golf courses, golf cart paths, retaining walls, bulkheads, and patios; provided, however, that if such maintenance requires any land -disturbing activity, adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (e) Where a drainage structure or roadway drainage structure is constructed or maintained; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (f) On the landward side of any currently serviceable shoreline stabilization structure; or (g) For the maintenance of any manmade storm -water detention basin, golf course pond, or impoundment that is located entirely within the property of a single individual, partnership, or corporation; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (h) Crossings for utility lines that cause a width of disturbance of not more than 50 feet within the buffer; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (i) Any land -disturbing activity conducted pursuant to and in compliance with a valid and effective land -disturbing permit issued subsequent to April 22, 2014, and prior to December 31, 2015; provided, however, w.,... Jr_..i.... ___ ,.....,...,___Jona 0 - 719 5/3/2016 GA- GAC that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented, or (j) Any lot for which the preliminary plat has been approved prior to December 31, 2015 if roadways, bridges, or water and sewer lines have been extended to such lot prior to the effective date of this Act and if the requirement to maintain a 25 foot buffer would consume at least 18 percent of the high ground of the platted lot otherwise available for development; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented. Shay - 4 Billfish Lane G. Variance procedure S. Variance request information: a) Site Map - previously included in variance package b) Description of shape, size, physical characteristics of the property as follows: a. Property is "L" shaped with the base of the "L" fronting Billfish Lane and the vertical portion of the "L" extending back into the marshland. The "open" part of the "L" backs up to the backyard of an existing residence on Jones. The front of the lot is 75 feet wide with the base or main portion of the "L" being 60 feet deep. The building envelope on the original plat is 55" wide by 30" deep. The lot is flat and fairly level. c) Detailed Site Plan - previously included in variance package d) Affected Buffer Area - this area is clearly shaded and indicated on the site plan. e) The current building envelope that we desire to use is 30'x 55' (1,650 square feet). The buffer area would only allow approximately 60% of this to be built on. It would not be possible to build a residential home on that size lot. f) Buffer encroachment will be minimized as much as possible with installation of a silt fence. g) By installation and maintenance of a silt fence, the buffer encroachment should not result in reduction of water quality or diminishment of a uniform coastal marshland scenic vista. h) Due to the size of the lot and the size of the building envelope that is not part of the affected buffer area, there is not an alternative building plan possible. i) Calculation of the total area & length of proposed encroachment is approximately 660 square feet. j) Stormwater management site plan: Part of Site plan. k) Proposed mitigation plan: We plan to use pervious materials for the parking areas. We do not plan to plant a lawn/grass area. We instead plan to landscape using native and low-water plant species. 1) Variance fee has been paid. 0,,tGE0RGLk I,IIAkIhiINI t)I NA10RAI 6Uuaia( V, COASTAL RESOURCES DIVISION MARK W1LI IAMS COMMISSIONER February 26, 2016 Samuel Shay 700 Iron Wood Drive #700 Ponte Vedre, FL 32082 A.G.'SPoT)' W0oi)NVAIir) aIREc"roR Re: Coastal Marshlands Protection Act Jurisdiction Line Verification, Lot D, Billfish Lane, Tybee Island, Chatham County, Georgia Dear Mr. Shay: Our office has received the survey plat by Vincent Helmly, Georgia Registered Land Surveyor License No. 1882 for a survey dated January 12, 2016 entitled "Updated survey of Lot D, Jones Cottages Subdivision, Ward 3, 511' G.M. Distriet, Tybee Island, Chatham County, Georgia". Based on my field work on February 4, 2016, the submitted survey generally depicts the marsh/upland boundary as required by the State of Georgia for jurisdiction under the authority of the Coastal Marshlands Protection Act of 1970. The delineation of the parcel is subject to change due to environmental conditions and legislative enactments. This jurisdiction line will normally expire February 4, 2016, one year from the date of my site visit, but may be voided should legal and/or environmental conditions change. This letter does not relieve you of the responsibility of obtaining other state, local or federal permission or authorization relative to the site. Authorization by the Coastal Marshlands Protection Committee or this Department is required prior to any construction or alteration in the marsh jurisdictional area. I appree to you providing us with this information for our records. Please contact me at 912.266{.3 95 if I may be of further assistance. incerel , D arreiro Marsh and S ore anagement Program GA DNR -C astal Resources Division ONE CONSERVATION WAY j BKUNSWICK, GEORGIA 31520-8686 912.264.7218 1 FAX 912,262.3143 1 WWW.COASTALGADN R.ORG ACCORDING TO THE FLOOD INSURANCE RATE MAP 13051CO213F DATED 9-28-08 Bernard, Anderson & Woods THE SURVEYED PROPERTY IS WITHIN A SPECIAL FLOOD HAZARD AREA. lot 107 THIS PROPERTY LIES IN ZONE "AE' EL. 11.0 PIn,f 4-0006-11-010 S73' 15'00 "£ 40,00 ) Iy y k - I 10' astIBEARM S 6 F.99 I I L2 S 1' 2O C3 -'I rz�ly .v I y 0o L4 40LL IN .05 S D '. MARSH RFLAGGD y BY GEORGIA I ^I 'S i1,Vi1-4 ,� b Lot 85 DNR, FEBRUARY 2015 y I y VOUghn CF*W/eY IV I C4 Pln# 4-0006-11-008 V ( o I NO CONCRETE PADS OR GRADING WITHIN BUFFER SEE DNR LETTER DATED 10'a I CEDAR S73' 1500 "E 10-14-2014) 4.4 m° a 1114"CEDARXQ I Q IRFy� .355,00' IRFti� 12AOA t21 L�M— ! "PAL I 1 P O t} _fes1 t4 L 10�.�2'IPALM m I 15' DNR BUFFER LQ t 11 T1 Il I I ,C •� _ 1J �O I TOP FIREENCHMARK HYDRANT EL. -8.43' Ig PROPOSED R SIDENCE (NAYD 88) 1 �) ('� (3D'X55 I, l ya �i I b l Q .--------X---f WLAT x`''25' Access Esml. J — A ���� g0 IRF 75.0 --- N73'15 OO"W IRF @K66 Billfish Lane 0 0 --------- -------- SCALE! 1 " =20 ' Southshore Builders, Inc. Pln# 4-0006-11-017 UPD-4TED Survey of Lot "D l ; Jones Cottages Subdivision, Turd J, 5th. G.M. District, Tybee Island, Chatham County, Georgia Pln# 4-0006-11-018 R£f £RENCE.- FoR.• Sam Shay S.M.B. 3f SPACE J2 ERROR Of CLOSURE.• LEGEND: -RELD : V 2J, 4S6 e Irs IRON 000 SET ANC. ERROR : 2 "PER ANO. PT, • 1W IRON ROD FOUND ADJUSTED f1Y : COMPASS METHOD WLAT WATER LATERAL PLAT : 1/ln/ln/6, EPED ELEICTRIC PEVESTAL EQUIPMENT.• TOPCON GIS CTS236W TOTAL STATION ® SANITARY SEWER MANNOLE SINGLE PRISM rN/S WILL CERTIfY THAT rNE PROViS/ONS RELATIVE Vincent Helmly G�ORGLq TO CEDRGIA CODE S£CrlON Is -6-97 (D) Do Nor 129-A BURTON ROAD TERED REOUIRE APPROVAL Of THIS PLAT BY ANY GOVERNING 4 ALITM6RTY PRIOR TO THE RECORO/NG WAY ARE SA VANNAH, GEORC/A 31405 NO, f8A2 CLl RK Or SUPERIOR COURT. (912) 925-3523 t SURVEY WAS PREPARED IN CONFORMITY WITN F TECHNICAL STANDARDS FOR PROPERTY SURVEYS GEORGIA AS SET FORTY /N CHAPTER 180-7 OFpAJE. A/S F RULES OF INE OEORC/A BOARD Or REO/STRATIONR 1/18/2016 PROFESSIONAL ENGINEERS ANO LAND SURVEYORS FIELD LUTE. 1/12/2016 D AS SET FORTY JN THE GL'ORC/A PLAT ACT JOB` 16-12 C.C.A. 11-6-87 OLO JOB/ 0E'-643 v:T-31-2006 12:24P FROM: 70:19049288776 P.2 14r15/OA pRI 11:68 VAI H22623160 MIEN IQ 047 Georgia Department of Na%ral Resources COASTAL DISTRICT OFFICE One Conservation Way 13runawidc. Oemgta 31520-WO7 l� &uvuxmmcntal Pratectfon Division Noel Hokaml,, CWMnk*iw Gaml A. Gbu�i. 4i'2dM-7784 rOASPAL>b13'fiiiCi� October 15,20(W Mr. Richard D. Guermd, dc. Jones Cottages L.L.C. 2807A roger Lacey Avenue Savannah, OA, .11404 Re: Jones AvEnue Nits A,S,C&A Tybae lab,nd, GA Deer Mr. CGuerp rd: Ager review ing your plans and visiting the site, the EnvirormaentA( Protection Division (EPD) is in agmrem cnt to allow encroachme*t into the lift natural buffer to State waters. EPD has determined that the proposed activity would be considered a. Minor land distrsbw= and thorefone a variance will not be required. Please note t,ze following conditions: l l -he povdag of concrete pads within tho buffer would not be pm odsaibk 2), A Noticc of 3ntenz for coverage under the State's Cenral Permit GAR 10003 for the dischoe cf stermwater.liom a canstnrctinn activity rn[tst be svbmirtrcd to the local EPD district office at least Fourteen (1 t4) days prior to the start of eonstmetion &063 Aty if the total estimated lend disturbance exceeds one (1) ac1e. 3). Best managi:ntmtt pmedm (i.e,; silt faneing and/or other erosion Control measures) must be imphinented upon the start of the project and maintained for the project's duration in order to tuiaimize impwfil on the buffer bnd & e adjoining marsh. 4). A pile drive, if used, should be maintained orrtstdc of rite buffer as mueb as feasible. 5). Thm- shall It nu grading in the buffer. 4), Any gutters installed should drain outside of the buffer. 7). EPI) auages+a you nwk the 250 buffer to ensure awatmeas of hs location during eonshuction. 8). All of the undisturhrA birffrur Ahould remain in its existing stab until afiar construction activity leas ceased and all distur bed areas have been properly stabilized. OCT -31-2006 12:24P FROM: to/IB/od FRI 11:57 FAX 919033100 CNWRPD Mr. D Guerard, Jr. October l j, 2019 Pop 2 TO:19049288776 P.3 9). EPO stroN ly encourages maximum use ofpenneable surfaces wherever possible, i.e. drivewip. If you do decide to change your plass in sueh r way that would require a vurinow from EPD, I tune enclosed a w met; applieanon psekage for your review. 14603 I am also melasma two reeent roomos clarifying how a buffer la to W detmrmiml on state waters. Please note on the mcLao dated July 8, 2004 that "dte 25 foot bufiea mquircd in the Erosion and Sedimentation Act Is tnea3umd from the marsh juriadictiun line." This is irregerdlass of whedw vaptatitm lq the buffer i i in its "natural state" and/or whether the site is "fully dovelopoV Please do rwt hesitate to contaot the at 912-264-7284 should you have any queuiaru. SincetieIy, John Wynne EP.I)-Brunswick Cc: fate Maye Lany Hedges, Non -Point Source I'rogram File ACCORDING TO THE FLOOD INSURANCE RATE MAP 13051CO213F DATED 9-26-08 Bernard, Anderson & Woods THE SURVEYED PROPERTY IS WITHIN lot 107 A SPECIAL FLOOD HAZARD AREA. THIS PROPERTY LIES IN ZONE "AE" EL. 11.0 Pin# 4-0006-11-010 S73015'00 "E 40.00' 10' BSL y 1 I� yl F -,V I f �I ,V I� l �I Ir m 1 Lot 85 . � � j Vaughn Crowley Pin 4-0006-11-406 y to xo 4) +� I IV I MARSH LINE I 10"6CED �RLIRF��o I p �I� fi4�CTDAR�.3 I I 5 12" AOA 12-P*LM ^I I I FH — — 12"PALM Q"jpD �4 1 P 10, BSL I �' 12"PALM C 1O"LOAM X25` DNR BUFFER T _ BENCHMARK I 5- m ( I TOP FIRE HYDRANT lI I1 Il f EL.=8.43` , x� I Lot D (NAVO 88) I,"fl 00 L _ _ xt- x, 25' Access Esme. I IRF. 75.00 Px N73° 15 `00 "W IRF SS s.ss BZI Zsh Lane 0 20 SCALE: 1 " = 20 Southshore Builders, Inc. Pin# 4-0006-11-017 r 21 UPD,ITED Survey of Lot 11D" Jones Cottages Subdivision, Dara' 3, 5th. G.M. .District, Tybee Island Chatham County, Georgia F©R: Sam Shay LEGEND. - • Irs IRON ROD SET • Irf IRON ROD FOUND WL4T WATER LATERAL SPED ELECTRIC PEDESTAL 129-A BURTON ROAD SANITARY .SEWER MANHOLE REFERENCE.• Pin# 4-0006-11-018 S M.B. 31 S PAGE 32 ERROR OF CLOSURE.• FIELD : V 23,456 ANG. ERROR : 2 "PER ANG. PT. ADJUSTED BY: COMPASS METHOD PLAT : lfinfin;ly EQUIPMENT.• TOPCON GTS GTS236W TOTAL .STATION SINGLE PRISM Vincent elmly 0 G j q THIS WILL CERTIFY THAT THE PROVISIONS RELATIVE TO GEORGIA CODE SECTION 15-6-67 (D) DO NOT ` C) 129-A BURTON ROAD EREp REQUIRE APPROVAL OF THIS PLAT BY ANY GOVERNING AUTHORITY PRIOR TO THE RECORDING WITH THE SAVANNAH, GEORGIA 31405 CLERK OF .SUPERIOR COURT. (912) 925-3523 NO 1882 * THIS SURVEY WAS PREPARED IN CONFORMITY WITH Vl HE TECHNICAL STANDARDS FOR PROPERTY SURVEYS j I GEORGIA AS SET FORTH IN CHAPTER 180-7 OF �'4 p4 HE RULES OF THE GEORGIA BOARD OF REGISTRATION DATE: 1/28/2fJ f 6 C' SURV FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FIELD DATE: 1/12/2016 T H Q- AND AS SET FORTH IN THE GEORGIA PLAT ACT JOB, 16-12 O.C.GA. 15-6-67 OLD JOB,# 06-645 SUEDIVISION NOTES: 1. NO LAND D1ST1AMNG ACTI%AM SHALL TAKE PLACE WITHIN THE 25' DNR BUFFER VAIHOUT APPROVAL FROM THE EpACE ED FOR REC R 2 ALL LOTS TO BE GRADED OR MM (NOT WITHIN THE 29 BUFFER WITHOUT 50 APPROVAL) AS NECESSARY TO 1604 SE'E 24 Ai l0; FAouTA7E DRAINAGE TO STALES AS SHOWN ON COMSMAMON.PLANS 3. LOTS A,B,C• AND D MUST BE rum (NOT vATHW DNR BUFFER WITHOUT FPO APPROVAL) TO OBTAIN MRIINUM ROAD a ]� ME SWALE INVERT DEPTH OF G.6'. CHATHAM C Uvj. 'i 4. SWALE BETWEEN LOTS E AND F TO BE OWED AS TO ACHIEVE A MINIMUM INVERT DEPTH OF 113'. .5. RUN-OFF FROM NEW STRUCTURES SHALL BE ROUTED TO NEW SWALES AS SHOWN ON JONES 001TAGES CONSTRUCTION DRAWINGS 6. GUTTERS AND DOWN 49POUT5 MAY BE REQUKiED IN ORDER'70 DIRECT RUN-OFF. 7. THE WATER AND SEWER LINES ARE HEREBY DEDICATED TO THE CRY OF TYBEE ISLAND. THE CITY OF TYEEE MLANO IS RESPON'S18LE FOR MAINTENANCE OF THE LINES. ALL EASEMENTS ARE HERESY DEDICATED TO THE HOME OWNEFt&- 4 ALL EASEMENT'S AND ANY SLATES FOR PUBLIC USE AS NOTED ON THIS s PLAT ARE HEREBY DEDICATED FOR THE V47ENM USE. - ��.�.' ,�G lWl�a..f1/.,ivr.7.►�, /'D� Trne! 11s MAYS F. ANDREW flEWl1T. FOR JONES COTTALS, LLC. g• ALL LOTS AND EXISTING HOMES ARE TO BE SERVED BY CITY OF TYNIEE_4, IXAND PUBLIC WATER AND SEWER. 00UN IAN ,. •� A114 - "AN 1/Y PIPE f-0LN0 OOUN e AOLLERAVENUE 60 -RW �Ic o0 Lro � ie >r 1) AREA WAS DETERMWEO BY THE COORDINATE METHOD. L� 60 2) ANYTHING SHOWN CUTS" THE DEFINED BOUNDARY IS FOR CGUN AN x! DFSCRtPTW PURPOSE ONLY, 3) THE PUBLIC RECORDS REFERENCED ON THIS PLAT ARE ONLY NECESSARY INNEYYAA 0 '� 9 DARY QF 7W.MPMPERTY�. ND MOOT 2 I ADMI"ATOR CONS07UTE A ITME SEARCH. 4) IM MAT HAS BEEN DONE ONACPURPM OF THE CMT ASCRIBED ANO CONTRACTED WITH T'O PER Bier gT THE R==TED SEINCES ALL OTHER PARTIES ARE 1TLY PU•T ON HOME AS TO THE 1116= DEGREE OF RELIANCE UPON THIS PLAT .BY THIRD PARME5, 6) DISTANCE SHOWN HERRON AIDE HWJ MTAL GROUND DISTANCES. 6) NO SUMMFACE VIVESTIGRTKIN SURVEYS WERE TYBEE ISL PERFU09 D FOR THIS PLAT. RINTOW LOT THIS PLAT DOES NOT RFkT,E)CT THE EMSIEM OR M S7ENCE OF CONTAMI NAM CR OTIMR Ct>Nd DOWS W & MAY' AFFECT 1{6S PFPga Y• 1 A cc qc aln,�, T•tbeF- 'L&ud ;b ellop 1Yut4Qo& �PProv es� cbt ,T`a�o�.,. (YtuS CW !-Or be;oTr— AOLLERAVENUE 60 -RW �Ic o0 Lro � ie ® JUAl_4CWV WAL NETLANVS ADDRESSES FOR EXISTING RESrDOVOM 1008 & 1011 JOIW:S AMPME PROPERTY LINE rABLE Lr I N 784844 E I 2aAa L2 I S 737500 E 1 75.00 E0117PLNEh1T USED: SOMRYA TOTAL STAMM AW.A; 3400.0 S2FT .758 AM" Pft STW PLAR 1/MIkWrY PAT7.wm Fgm r/.I wo PRWISXW ANOLM Or PIER ANGLE POBVT AOJUSTMENVUEflKJD: OOWPASS WAE HELD WOW CaVFLEI 07 /2004 NPROVEMENTS NOT ' Ira t QN.;? 1411E TABLE s I LOT lI �� I TYBEE ISLAND LAND TRUST, INC, " VAUGHN MARY CRAWLEY EY PLAT REF. ISSLA D. GA. B3 89 J. , ,. . --- S 4848'44' W JONES AVENUE 60' RIW * FLOOD NOTE: REFERENCES: 1. S.M.B. '13 p" PAGE 68 I 11119 PROPERTY IS L(CATFD IN FLOOD ZONE 'AB', 2. S.M.S. '13 P" PAGE 69 A �ECIAL FI.00D IWARD AREA 3, LOTS 93; 8¢, 109 $ 110 PER F.E.M.A. FLOOD 135104, RATE MAP.' 4. DEED BOOK 166"V" PAGE 560 �1 MAS' 5 O:.IIMAPNEE g63S19 PANEL 0002 "C" BABE ELEVATION ME 5: GEED BOOK. 204'Z" PAGE 518 CARL R. JACKSON. GA. R.L.S. NO. 2555 JONES AGES STJBDIMION 30 15 O 30 60 SCALE 1" SCALE 1' = 30' 1 EQUIPMENT USED SOMKIA TOTAL STATION . JOB N0: CA0403BB DAM. 9/44J2004 DRAWN BY A.aJ. ' '. CHFOMED BY, - CA.J: O — CGUN AN x! 2 I ADMI"ATOR Q b TYBEE ISL D LOT 97T LOTA 4500.0 4-51,11' 0.103 0.103 O - 5/8" REBAR SET E, Lac 7500:0 i;o 0.103 L07D LONE4'LW7Q0 "00.0 0:159 O. o U s � LO7F ArOOIO 0.1NM t} ard� INN'S ® JUAl_4CWV WAL NETLANVS ADDRESSES FOR EXISTING RESrDOVOM 1008 & 1011 JOIW:S AMPME PROPERTY LINE rABLE Lr I N 784844 E I 2aAa L2 I S 737500 E 1 75.00 E0117PLNEh1T USED: SOMRYA TOTAL STAMM AW.A; 3400.0 S2FT .758 AM" Pft STW PLAR 1/MIkWrY PAT7.wm Fgm r/.I wo PRWISXW ANOLM Or PIER ANGLE POBVT AOJUSTMENVUEflKJD: OOWPASS WAE HELD WOW CaVFLEI 07 /2004 NPROVEMENTS NOT ' Ira t QN.;? 1411E TABLE s I LOT lI �� I TYBEE ISLAND LAND TRUST, INC, " VAUGHN MARY CRAWLEY EY PLAT REF. ISSLA D. GA. B3 89 J. , ,. . --- S 4848'44' W JONES AVENUE 60' RIW * FLOOD NOTE: REFERENCES: 1. S.M.B. '13 p" PAGE 68 I 11119 PROPERTY IS L(CATFD IN FLOOD ZONE 'AB', 2. S.M.S. '13 P" PAGE 69 A �ECIAL FI.00D IWARD AREA 3, LOTS 93; 8¢, 109 $ 110 PER F.E.M.A. FLOOD 135104, RATE MAP.' 4. DEED BOOK 166"V" PAGE 560 �1 MAS' 5 O:.IIMAPNEE g63S19 PANEL 0002 "C" BABE ELEVATION ME 5: GEED BOOK. 204'Z" PAGE 518 CARL R. JACKSON. GA. R.L.S. NO. 2555 JONES AGES STJBDIMION 30 15 O 30 60 SCALE 1" SCALE 1' = 30' 1 EQUIPMENT USED SOMKIA TOTAL STATION . JOB N0: CA0403BB DAM. 9/44J2004 DRAWN BY A.aJ. ' '. CHFOMED BY, - CA.J: O G� Q b D mom; i E, i;o cwa p I U s � I k � c+ F Z ACCORDING TO THE FLOOD INSURANCE RATE MAP 13051CO213F DATED 9-26-08 Bernard, Anderson & Woods THE SURVEYED PROPERTY IS WITHIN lot 10T A SPECIAL FLOOD HAZARD AREA. THIS PROPERTY LIES IN ZONE "AE" EL. 11.0 PIn# 4-0006-11-010 S7X 15'00 "E 40.00' 1 y 7 �S, E 10 �' � �a V LINE BEARINGDISTA L1 S 6 8'5 9 08' E 18.11 L2 S 71'57'20" E 19.36 L3 S 44'46 10 F-14.33 L4 IN 20'05'43" E13.99' . I I 0 MARSH LINE i�` 1 -IV AS FLAGGED BY GEORGIA I ^I D ►y 1v I Lot SJR DNR, FEBRUARY 2016 II Vaughn Crawley 1 �� Amy ; Qj Pin# 4-0006-11-008 TOP NO CONCRETE PADS OR GRADING WITHIN BUFFER (SEE DNR LETTER DATED 10-14-2014) IRF�� V 0 ( 12' <M 12 LM �`3� 0"PALM k, FH 0"PALM 1 P L ; — — ` - x �}- C 10 BSL x �� �. 1 1 �.5 •�` i ,`�' { 10"LOAK 12 PALM I r. y4 ao) C15 �� f 5' DNR BUFFER Lot t D 1+ 1:4* 1 BENCHMARK FIRE HYDRANT wLV xtoo EL.=8.43Iv.Eo PROPOSED RESIDENCE o (NAVD 88) w� ice' (30'x55 L-- 55.00'x<b° \�--------- —--EPEDA i Z x��� WLAT � 25 Access Esmt. IRF 75.00 P '�— N73" 15'00 "W IRF TO US 5.66 B�Iy�sh Lane a 20--------- - - - - - - SCALE: 1 " =20 Southshore Builders, Inc. Pin# 4--0006-11--017 • 6 0 �4 UPDATED Survey of Lot "D'; Jones Cottages Subdivision, Ward 3, 5th. G.M. District, Tybee Island, Chatham County, Georgia FoR.- Sam ,Shay LEGEND. • Irs IRON ROD SET • Irf IRON ROD FOUND WLAT WATER LATERAL SPED ELECTRIC PEDESTAL ® SANITARY SEWER MANHOLE REFERENCf -.- Pin# 4-0006-11--018 S.M.B. 31 S PAGE 32 ERROR OF CLOSURE.- FIELD : V 23,456 ANG ERROR : 2 7PER ANG. PT. ADJUSTED BY : COMPASS METHOD PLAT : 1/inflnity EQUIPMENT.• TOPCON GTS GTS236W TOTAL STATION SINGLE PRISM O R G ! THIS WILL CERTIFY THAT THE PROVISIONS RELATIVE GE q TO GEORGIA CODE SEC7/0N i5-6--67 (D) Do NOT I ERF0 REOUIRE APPROVAL OF THIS PLAT SY ANY GOVERNING AUTHORITY PRIOR TO THE RECORDING WITH THE CL£RX OF SUPERIOR COURT. * N0. 1882 * THIS SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS r /N GEORGIA AS SET FORTH /N CHAPTER 180-7 OF ANC RULES OF THE GEORGIA BOARD OF REGISTRATION SURV�� FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN THE GEORGIA PLAT ACT O.C.G.A. 15-6-67 Vincent Helmly 129-A BURTON ROAD SAVANNAH, GEORGIA 31405 (912) 925-3523 DAT£; 1/26/2016 FIELD DATE.- 1/12/2016 JOB# 16-12 OLD JORAF 06-645 i � d y �� R iziIV C2 `iv m 10-6i'CEDARLF,-b73 �Y �� O 114 CEDAR l L20 15 00 E 5 S `35 .00 TOP NO CONCRETE PADS OR GRADING WITHIN BUFFER (SEE DNR LETTER DATED 10-14-2014) IRF�� V 0 ( 12' <M 12 LM �`3� 0"PALM k, FH 0"PALM 1 P L ; — — ` - x �}- C 10 BSL x �� �. 1 1 �.5 •�` i ,`�' { 10"LOAK 12 PALM I r. y4 ao) C15 �� f 5' DNR BUFFER Lot t D 1+ 1:4* 1 BENCHMARK FIRE HYDRANT wLV xtoo EL.=8.43Iv.Eo PROPOSED RESIDENCE o (NAVD 88) w� ice' (30'x55 L-- 55.00'x<b° \�--------- —--EPEDA i Z x��� WLAT � 25 Access Esmt. IRF 75.00 P '�— N73" 15'00 "W IRF TO US 5.66 B�Iy�sh Lane a 20--------- - - - - - - SCALE: 1 " =20 Southshore Builders, Inc. Pin# 4--0006-11--017 • 6 0 �4 UPDATED Survey of Lot "D'; Jones Cottages Subdivision, Ward 3, 5th. G.M. District, Tybee Island, Chatham County, Georgia FoR.- Sam ,Shay LEGEND. • Irs IRON ROD SET • Irf IRON ROD FOUND WLAT WATER LATERAL SPED ELECTRIC PEDESTAL ® SANITARY SEWER MANHOLE REFERENCf -.- Pin# 4-0006-11--018 S.M.B. 31 S PAGE 32 ERROR OF CLOSURE.- FIELD : V 23,456 ANG ERROR : 2 7PER ANG. PT. ADJUSTED BY : COMPASS METHOD PLAT : 1/inflnity EQUIPMENT.• TOPCON GTS GTS236W TOTAL STATION SINGLE PRISM O R G ! THIS WILL CERTIFY THAT THE PROVISIONS RELATIVE GE q TO GEORGIA CODE SEC7/0N i5-6--67 (D) Do NOT I ERF0 REOUIRE APPROVAL OF THIS PLAT SY ANY GOVERNING AUTHORITY PRIOR TO THE RECORDING WITH THE CL£RX OF SUPERIOR COURT. * N0. 1882 * THIS SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS r /N GEORGIA AS SET FORTH /N CHAPTER 180-7 OF ANC RULES OF THE GEORGIA BOARD OF REGISTRATION SURV�� FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS SET FORTH IN THE GEORGIA PLAT ACT O.C.G.A. 15-6-67 Vincent Helmly 129-A BURTON ROAD SAVANNAH, GEORGIA 31405 (912) 925-3523 DAT£; 1/26/2016 FIELD DATE.- 1/12/2016 JOB# 16-12 OLD JORAF 06-645 STAFF REPORT PLANNING COMMISSION MEETING: May 16, 2016 CITY COUNCIL MEETING: June 9, 2016 LOCATION: 4 Billfish Lane PIN: 4-0006-11-018 APPLICANT: Dawn & Samuel Shays EXISTING USE: Empty parcel ZONING: R-2 OWNER: Dawn & Samuel Shays PROPOSED USE: Single family dwelling USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090.1 (Streams, lakes, coastal marshlands and freshwater wetlands bufferlsetback). PROPOSAL: The applicant is requesting setback variance to build into the marsh buffer approximately 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 buildable area 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 particular property; 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 circumstances of size and shape due to the marsh buffer requirement. It would be very difficult to develop the parcel without a variance. The Comprehensive Plan describes the Inland Cottage Neighborhood 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 land use 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 Strategies Strategy YIN 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 im act commercial 3. Develop and implement design and architectural standards N/A 4. Implement streetscape improvement to improve the pedestrian/bicycle environment and N/A encourage s fety and mobility 5. Historic structures in this area should be restored and/or preserved whenever possible N/A 6. The City should provide appropriate incentives for historic restoration projects N/A 7. STAFF FINDING Due to the change in the marsh buffer line this lot is nearly unbuildable without a variance. Per State regulations this parcel is exempt from State buffer requirements. 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. Staff also recommends no slab in the buffer area per EPD recommendation as stated on plat. This Staff Report was prepared by George Shaw. 0) C-2 Parking suggestions • Fee in lieu of parking. Allow new development to pay a fee for each parking spot they are short of the current requirement. Fee would go toward building a parking lot on unopened right of way of Storer Ave. A fee would be determined by Council with assistance from public works to help offset the cost of installing the parking lot. A rough estimate by public works put the cost at about $8000 to $10,000 for 20 spaces. That would cost about $400 to $500 per space. This would only affect new development and redevelopment which may be limited. Additionally the City has unopened right of way where Laurel dead ends at Huk a Poos but this would yield fewer spaces. • Allow public parking within 500 feet (or some other number) of business to count toward required parking. This would give some parcels significant assistance. Obviously the spaces would be counted more than once since multiple businesses could count the same spaces toward their required numbers. The only current public parking is along Hwy. 80. If a parking lot was added in one or both of the unopened rights of way this would give more businesses flexibility. • Change parking requirement from one space for every 200 gross square feet to one space for every 400 gross square feet, or some other number that seems reasonable. This would reduce by half our current requirement. • Have no parking requirement in the C-2 or C-1 district. Each new development would have to balance their parking needs with site size and current public parking nearby. The potential down side is that someone may try to put in a business such as a restaurant without any parking which could lead to a series of failures. • Expand parking numbers by use chart. This is a custom approach but you can never cover every use. We currently have a limited list of parking by use. 4114/2016 Tybee Island, GA Code of Ordinances Sec. 3-080. - Off-street parking requirements. (A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30, Accessibility Code.. (B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. (2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools(except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use. (5) Private docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious. (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) No driveway opening shall be constructedwithin 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads is 30 miles per hour or less. (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. Driveway requirements specified in this section, notwithstanding, staff may issue a permit to a residential property owner to place approved https:llwww.municode.com/Ii brarylgaltybee islandlcodeslcode_of ordinances?nodeld=PTIICOOR APxALAl7ECO_ART3GEPR S3-080OREPARE 116 4/1412016 Tybee Island, GA Code of Ordinances materials in the city right of way, provided the owner is informed and acknowledges that the city will maintain the right to initiate any required action within the right of way and that permitting materials in the right of way shall not create any vested rights in the property owner and such permission may be terminated at anytime. In addition, such permit by staff may only be made in the event the improvement does not create a safety issue or interfere with city metered parking and does not violate any city ordinance including, but not limited to, the requirements of section 3-165 to maintain 65 percent of the property setback area as greenspace. If the staff of the building and zoning department finds that a request under this section needs or should have additional review for any reason, it may request review by the mayor and council or, if the staff of the building and zoning department declines the applicant's request, the applicant may apply for the granting of the permit which will result in the application going to the mayor and council. However, before the mayor and council, a public hearing is not required but action may only be taken at a public meeting of the mayor and council. (5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more than 50 percent of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an improved driveway. The retention requirement is based on a 24-hour, 25 -year Tybee III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable materials include: a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is not allowed. b. Standard brick pavers are four -inch by eight -inch with minimum five -sixty -fourths -inch average continuous joints/borders with eight one -eighth -inch wide spacers per paver filled with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a state licensed design professional must be reviewed and approved by the city. See engineering fee information in subsection (1). c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the coastal stormwater supplement (CSS) through which stormwater runoff can rapidly pass into the underlying reservoir of a four -inch minimum depth open -graded stone, no fines. Openings may be filled only with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of eight inches must be installed around the perimeter of the pavers. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Flush headers and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation. d. https://www.municade.com/library/gaitybee_isiand/codes/code_cf_crdinances?nGdeld=PTIICOOR APXAL DECO ART3GEPR_S3-080OREPARE 216 4/14/2016 Tybee Island, GA Code of Ordinances Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to adjacent pervious areas rather than down the strips to the street. The area between the strips may be either grass or stone as described in subsection (a). The area between the drive strips is to be flush or one -eighth -inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips. e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12 inches (flush or one -eighth -inch higher than the contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation. f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is required and is included in the driveway measurement. g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form, but consists of a special open -graded surface course, typically four to eight inches thick, that is bound together with Portland cement. h. Porous asphalt is similar to pervious concrete, and consists of a special open -graded surface course bound together by asphalt cement. For all other proposed materials, calculations are required from a state licensed design professional demonstrating compliance with the retention requirement of this section. (D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows; (1) One parking space per each 200 square feet of retail or commercial gross leasable floor area. (2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated city official. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council. (3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (4) A miniature golf course shall provide one parking space for every two holes. (5) Hotels, motels: a. One parking space for each guest unit without a kitchen facility. b. Two parking spaces for each guest unit with a kitchen facility. https://www.municode.com/library/ga/tybee_isiand/codes/code_of ordinances?nodeld=PTIICOOR APXALADECO ART3GEPR S3-080OREPAP,E 3/6 4/14120/6 Tyree Island, GA Code of Ordinances c. Two parking spaces for each manager's unit. d. One parking space per each 200 square feet of retail or commercial gross leasable floor area, e. One parking space for every two employees. f. One designated delivery/loading zone. g. Recreational vehicle overnight connection facilities are prohibited. (6) For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking space based on the schedule below. The calculation to meet the handicap parking requirement of subsection (A) shall be based on the number of required parking spaces prior to any rack substitution. Required Parking Spaces 10 or fewer 11 —49 50 or more Number Of Substitute Racks Allowed 1 2 3 (7) Maritime district. a. Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the required dimensions of section 3-090. b. Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats for charter passengers. c. All changes to parking in the maritime district that involve loading, unloading and transporting of boats will require a parking ,plan submitted to the city detailing the turn radii of drive aisles. (E) Off-street parking dimensions. Standard Aisle Width 12 feet Parking Angle Traffic Direction One-way 8 x 20 feet Parallel 8 x 20 feet 24 feet Parallel Two-way A 9 x 18 feet 9 x 18 feet 15 feet 45 degrees 60 degrees One-way 18 feet One-way 9 x 18 feet 24 feet 60 degrees Two-way https:/1www.municode.comfibrary/ga/tybee_island/codeslcode of ordinances?nodeld=PTIICOOR APXALADECO ART3GEPR S3-080OREPARE 46 4/1412016 Tybee Island, GA Code of Ordinances 9 x 18 feet 22 feet 75 degrees One-way 9 x 18 feet 24 feet 90 degrees One-way or Two-way Low Speed Vehicles & Golf Carts (without a charging station) 6 x 11 feet Dimensions of angle parking spaces:. Motorcycles & Scooters 5 X 9 feet Angle Distance from curb Curb distance 121711 Offset 45 15' 15' 9' 60 16' 101411 75 17' 9' 4" 41611 90 18' 9' 0 https:llwww.municode.com/library/gattybee islandlcodes/code_of ordinances?nodeld=PT[ICOOR APXALADECO ART3GEPR S3-OBOOREPARE 516 4/14/2016 Tybee Island, GA Code of Ordinances (F) Exemptions from off-street parking requirements. (1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot. (2) A structure whose primary use is a church or place of religious worship shall be exempt from all off-street parking requirements. (Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006; Ord.. No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord. No. 18-2013, § 1, 5-23-2013; Ord. No. 03-2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-2014; Ord. No. 13B-2014, § 1, 8-14-2014; Ord. No. 07-A-2015, § 1, 4-23-2015) https:l/www.municode.com/library/galtybee island/codes/code_of_ordinances?nodeld=PTIICOOR APXALADECO ART3GEPR S3-080OREPARE 616 CITY OF TYBEE ISLAND Pee (a SUBDIVISION OF LAND APPLICATION Major Subdivision $500 V Minor Subdivision $125 Applicant's Name ' QR- 5 �'N Address and location of subject property -� PIN Applicant's Telephone Number Lc' Applicant's Mailing Address \-I'`, — Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name cx E--) Telephone Number 1 j�t�, — �1 fa,r-1 f Property Owner's Address ' - �v Ok Q c) 1 Is Applicant the Property Owner? X Yes 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 —rte Current Use �(_-) - ' Names and addresses of all adjacent property owners are attached: \ Yes 60 Ct- cy— 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 Campaign Contributions form attachment hereto: Signature f Applicant Yes \.-K Q_I 1. _ (,-:a0 k Ire Date NOTE: Other specific data is required for each type of Subdivision of Land, ---------------------------- ___ ------------------------ --------------- ------------------- Fee Amount $ Check Number Date City Official NOTE: This application must be accompanied by following information: 13 copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. 4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. The name(s) of all proposed new street(s) or private drive(s). 13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. -- The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the approval of the City's engineering consultant. The Applicant certifies that he/she has read the requirements for Major/Minor Subdivision and has provided the required information to the best of his/her ability in a truthful and honest manner. All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. Signature ofi Applicant 11,6 Date STAFF REPORT f PLANNING COMMISSION MEETING: May 16, 2016 .y CITY COUNCIL MEETING: June 9, 2016 �j�1FD(X:�1bg`S. LOCATION: 402 9'' St. PIN: 4-0005-24-006 APPLICANT: Susan Deason OWNER: Susan Deason EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: R-2 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Minor subdivision plat approval (See. 5-140) PROPOSAL: The applicant is requesting minor subdivision approval for a two lot subdivision on 9'" St, between Jones and Miller. The first lot will have frontage on Jones and the second lot will have frontage on Miller. ANALYSIS: This subdivision would create two lots of a size suitable for a single family home. The will both have sufficient access and be served by City water and sewer service. Drainage plans will be required for each site plan submitted prior to any construction on these sites. The Comprehensive Plan describes the Inland Cottage Neighborhood 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 land use as it contains permanent residential properties, multi family homes, rental properties, parks, low -impact commercial establishments, and public buildings. Comprehensive Plan — Community Character Area The Inland Cottage Neighborhood Sec. 1.2.6 Meets Recommended Development Strategies Strategy YIN 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. Developand implement design and architectural standards N/A 4. Implement streetscape improvement to improve the pedestrian/bicycle environment and N/A encourage safety and mobility 5. Historic structures in this area should be restored and/or preserved whenever possible NIA 6. The City should provide appropriate incentives for historic restoration projects NIA 7. STAFF FINDING This subdivision plat meets all requirements for a minor subdivision. ATTACHMENTS A. Subdivision application (5 pages) B. Survey (1 page) C. SAGIS map (1 page) 2 This Staff Report was prepared by George Shaw. :�o I'll, vj�w Applicant's Name CITY OF TYBEE ISLAND ZONING VARIANCE APPLICATION Address and location of subject property / r.) G Y1 P. PIN I"bob"7 - Fl - Go l Applicant's Mailing Address Fee Commercial $500 Residential $200 Applicant's Telephone Number ? /--a - � V 4 ` '7t _� � ZZ Brief description of the land development activity and use of the land thereafter to take place on the property: W Explain the hardship �C� =;7 Property Owner's Name �> ` �C� r� r N / /�J %� e? rvsTelephone Number Property Owner's Address '14e n 4. � /7' !J Is Applicant the Property Owner? ✓ Yes 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 Current Use Names 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 Campaign Contributions form attachment hereto: - Yes Signature of Applicant Date NOTE: Other specific data is required for each type of Variance. ................... ..........................................................................._........................................ .............. ... ........................................................................ .................................... ........_............................... Fee Amount $ 0200. OD Check Ni ber � %( Date %f %, 3_61& 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) 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 or considerations beyond that of surrounding properties, including a substandard lot of record that existed prior to March. 24, 1971 (see Section 3-040); irregularity, narrowness, or, shallowness of the lot shape, or, exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property; and; 5-090 (A) (2) That because of such physical circumstances or conditions or considerations, the property cannot be developed in strict conformity with the provisions of this 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, No part of any structure shall project beyond 35 - feet above the average finished grade of a property except: chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, and similar appurtenances needed to operate and maintain the building on which they ae located. the following items that were existing on the date of the adoption of this ordinance: flag poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission line towers, and electric substation structures. 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. IN Signature of Applicant Date 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 IF YES, PLEASE COMPLETE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS DATE OF OF $250.00 CONTRIBUTION 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 Printed Name Date Sec. 5-090. Variances. (A) Standards. After an application has been submitted to the designated city official, reviewed by the planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development Code only if a physical circumstance, condition, or consideration exists as described in item (1) below. (1) There are unique physical circumstances or conditions or considerations beyond that of surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 (see Section 3-040); irregularity; narrowness; or shallowness of the lot shape; or exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property; and; (2) Because of such physical circumstances or conditions or considerations, 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. (B) Height. No part of any structure shall project beyond 35 -feet above the average finished grade of a property except: (1) chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, and similar appurtenances needed to operate and maintain the building on which they are located. (2) the following items that were existing on the date of the adoption of this ordinance: flag poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission line towers, and electric substation structures. (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. (D) Reviewing variance applications. The designated city official, planning commission, and governing body, shall consider the factors stated herein in reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations. (E) Application approval. Notwithstanding any other provisions of the Code of Ordinances, the designated city official may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the mayor and council as follows: (1) When either of the following circumstances exists: a. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing structure; or b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition. (2) When each of the following circumstances also exists: a. No encroachment or construction of habitable space or other prohibited improvements will exist below one foot above the base flood elevation; and b. The requested improvements or construction will not violate existing zoning provisions. This subsection shall have specific application to existing nonconforming structures as referred to in section 3-020. If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may request review by the planning commission and if the request is approved or rejected by the planning commission then the planning commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020 and 3-090 as well as the public hearing requirements referred to in section 5-060. In the event the staff request review by the planning commission and the planning commission rejects the request, the applicant may apply for the granting of a variance and follow the procedure applicable to such request before mayor and council. (F) Compliance with ordinances. Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be accepted nor may any variance be granted with respect to any property that is then not in compliance with the requirements of ordinances for the condition on which the variance is sought, unless the applicant files with the application a detailed written explanation of how, when, and by whom the need for a variance was created. In such a case, the planning commission shall make a recommendation to the mayor and council as to whether the variance should be approved or rejected or modified and the mayor and council, following a public hearing, may approve, reject or modify the variance request. In the event property is constructed in violation of the ordinances, the violation status remains until such time as the condition is rectified and placed in conformity with the ordinances. Violations of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by law. A variance that is granted under this Ordinance does not excuse prior violations including those that have resulted or may result in enforcement action by the City of Tybee Island. J 6 41 v � U C Z ���� c �� a �� Q, " ccL D" 1 a, _���� -�� ��- ���� 1 v ��'�� ���� ��9 .-�� f 189 R.B.F. }}^may,\�{/''1 X TIC 5/8" R.B.F. B. F. 0".014OW (26mictf s -o a eco Doom o -y. N 211 00O'(D0 E — -- 54.50' ( co1L, 11D' 'Clue leA!P, o r mc -k -1ne l : !kho n eed S �T_ cjnc_6 r e t � e Q'tAkv.r eo\tkmA C� V�V_ uS . 60.72* 'r cp L o r T, S praj,cl 5 o, (Q11JI'll g 1 I 51 proIIIdesa- 5rtin.ot �► 'I -oft prom, ut STAFF REPORT PLANNING COMMISSION MEETING: May 16, 2016 CITY COUNCIL MEETING: June 9, 2016 LOCATION: 1402 Jones Ave. PIN: 4-0007-19-001 APPLICANT: Willaunell Williams EXISTING USE: Single family dwelling ZONING: R-2 OWNER: Willaunell Williams PROPOSED USE: Single family dwelling USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting setback variance to add a small deck and lift (exterior elevator) 5'6" into the rear setback. The width of the variance will be approximately 20'. ANALYSIS: The applicant is requesting to build a deck, lift, and slab that would encroach into the rear setback approximately 110 square feet to create a mode of egress that connects directly to the master bedroom for safe egress in case of fire. 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 particular property; 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. This variance does not meet the above criteria. The application is based on the applicant's limited mobility and concern for safe egress in case of fire. The Comprehensive Plan describes the Inland Cottage Neighborhood 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 land use as it contains permanent residential properties, multi family homes, rental properties, parks, low -impact commercial establishments, and public buildings. Comprehensive Plan : Community Character Area The Inland Cottage Neighborhood Sec. 1.2.6 Recommended Development Strategies Meets Strategy YIN or N/A 1. New development, redevelopment, and restoration should be consistent with the existing character of the area in terms of mass, scale, use and density Y 2. Permit only compatible uses including low density residential, public/institutional, and low impact commercial Y 3. Develop and implement design and architectural standards N/A 4. Implement streetscape improvement to improve the pedestrian/bicycle environment and encourage safety and mobility N/A 5. Historic structures in this area should be restored and/or preserved whenever possible N/A 6. The City should provide appropriate incentives for historic restoration projects N/A 7. STAFF FINDING This application sloes not meet the defined criteria for a variance. Due to the applicant's limited mobility granting the variance would add a level of safety to the home but staff cannot recommend approval. ATTACHMENTS A. Variance application (5 pages) B. Survey (1 page) C. Site Plan (1 page) D. SAGIS map (1 page) 0) This Staff Report was prepared by George Shaw. MapViewer - Savannah Area GIS EFT 5 J http://www.sagis.orglHome/Map .: 850, 31. `- -A 5 'ra 1 ..0 n nc lnA fgril L '7.'ln n7K4 Chatham County Board of Assessors: 2015 Property Record Card 4-0007-19-001 http://boa.chathamcounty.org/DesktopModules/ChathamCounty/BoardofAssessors/Propert... 2015 Chatham County Board of Assessors 4-0007-19-001 Property Record Card APPRAISER LERINER LOT 81C WARD 4 TYBEE 1402 WILLIAMS WILLAUNELL JONES AVE TYBEE ISLAND CAMA ASMI Comp LAST INSP 11/14/2013 PO BOX 484 146,400 146,400 LAND 1 APPR ZONE 000008 p TYBEE ISLAND GA 31328 156,500 156,500 BLDG 1 NaN 090323 1,300 1,300 OBXF 1 141,662 2010 AC TO ADD SR EXEMPT & 304,200 304,200 Cost - MS SALES BOOK/ PAGE INS VI OU RSN PRICE 30 Dec 2013 394E 903 WD I U UR GRANTOR:WILLIANIS CHARLES W & WILLAUNELL TRUSTEES* GRANTEE: WILLIAMS WILLAUNELL 18 Feb 2000 213V 0246 WD I U UR GRANTOR.-WILLIAMS CHARLES W GRANTEE: WILLIAMS CHARLES W & WILL PERMITS TYPE DATE AMOUNT 13-0326 AD 14 Nov 2013 Comp 8,000 120467 GM 19 Dec 2012 Comp 300 09-0323 CO 04 Jan 2012 Camp NaN 090323 SF 22 Apr 2010 Comp 141,662 COMMENTS: LAND 18 Nov 2013 11/14/13 -RPO TO SPO ON FRONT PORCH. 15 Nov 2013 11/1412013- RPO TO SPO ON FRONT. 22 Mar 2013 *WILLIAMS LIVING TRUST 22 Mar 2013 TY13 HS ENT FOR WILLAUNELL 18 Mar 2013 TY13 DOD CHARLES WELDON Cama WILLIAMS 11/25/2012; B6S REMOVED; 146,400 LTR SENT (SVRG SPOUSE) 15 Feb 2011 TY11 RET VAL ENT 16 Nov 2010 2010 AC TO ADD SR EXEMPT & 145,900 CORRCT S/D VALUE 16 Jun 2010 SITUS ADD CNG PER OWNER 12 May 2010 TY10 AOS ENT FOR CHARLES; WILL 484,400 REFILE IN TY2011 WITH 2010 INCOME 2010 TAXES 03 May 2010 TY10 SENT LTR REQUESTING 2009 MAV PROOF OF INCOME [Click for larger picture] GAGIG; o.ayr.Wt CODES PROPERTY USE 0006 RESIDENTIAL UTA 0004 Tybee Island NBHD 020225.00 T225 TYBEE INNER EXEMPTIONS SC L4 L3 L8 L9 LT HISTORY LAND IMPR TOTAL 2014 146,400 159,700 306,100 Cama 2013 146,400 156,800 303,200 Cama 2012 146,400 145,900 292,300 Cama 2011 146,400 145,900 292,300 Cama 2010 256,000 228,400 484,400 MAV 2010 256,000 228,400 484,400 MAV 2009 256,000 256,000 Over 2008 256,000 256,000 Cama 2007 256,000 256,000 Cama 2006 256,000 256,000 Cama 2005 136,500 136,500 Cama 2004 81,500 81,500 Cama 2003 64,500 64,500 Gama 2002 64,500 64,500 Cama 2001 74,500 74,500 Cama 2000 55,000 55,000 Cama 11999 31,500 31,500 Cama 1998 31,500 31,500 Cama 1997 31,500 31,500 Cama 1996 15,000 15,000 Cama 1995 15,000 15,000 Cama 1994 15,000 15,000 Cama 1993 15,000 15,000 Over 1 of l f1�,InA/)01 A'Z-10 13A Chatham County Board of Assessors: 2015 Property Record Card 4-0007-19-001 http://boa.chathamcounty.org/DesktopModules/ChathamCountylBoardofAssessorsIPropert... I03 May 2010 TY10 132S ENT PENDING ADTL 11992 15,000 15,000 Over IL INFORMATION EXTRA FEATURES I'D# BLDG # SYSTEM DESC DIM 1 DIM 2 UNITS QL UNIT PRICE RCN AY$ EYB DT ECON FUNC SP SP% RCNLD MKT VALUE 183916 Slab w/walls Under 5 13 65.00 A 21.36 1,388 2009 2009 IR 1,332 1,300 LAND -- - - - - -- - ID# USE DESC FRONT DEPTH UNITS / TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 110261 SINGLE FAMILY RES 55 79 4,305,50 -SF 34.00 R2 146400 Chatham County Board of Assessors: 2015 Property Record Card 4-0007-19-001 http:liboa.chathamcounty.orglDesktopModulesIChathamCounty/BoardofAssessorsfPropert... 2015 Chatham County Board of Assessors R1 4-0007-19-001 Property Record Card 208 Composition Shingle 1402 JONES AVE TYBEE ISLAND 352 Heat Pump R4 402 Automatic Floor Cover Allowance PHYS ECON FUNC OBSV I % TOTAL DEP % RCNLD U.FACTOR MKT VAL i BUILDING, SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE 107208-1-2015 (Residential 141,796 2009 MS 4.00 0.00 0.00 0.00 4.00 136,124 156,500 R6 622 Raised Subfloor (% or SF) --------------------------------------------------1-----------....-. --5 O.e S,un SECTION TYPE R7 1 - Main ■ 9"� o.� S.Y P�rrY JAREA 1480 903 Wood Deck (SF) R11 IiTYPE 1 - Single-family Residence 907 Enclosed Porch (SF), Screened Walls 4 5' 14' FRAME 1 - Stud Frame zz STYLE 1 - One Story QUALITY 3.00 CONDITION 3.00 ■ ��° # UNITS 0 o.e�r4r ll - - # OF BEDS / BATHS 3/2.00 405 Hn4tl Lak SLRxM�Ya oder 'i — 1 o�reN`�o +', � t8 � s: ■ ntl ]i � t.non EL, Rro[ JK4 d L..Y 14, 6E2 906 19•eed Ger eMrY Lnei ------------------------------------------------------ - [Click for larger picture] MBNV COMPONENTS R1 107 Frame, Siding, Vinyl R2 208 Composition Shingle R3 352 Heat Pump R4 402 Automatic Floor Cover Allowance R5 502 Automatic Appliance Allowance R6 601 Plumbing Fixtures (#) R6 602 Plumbing Rough -ins (#) R6 622 Raised Subfloor (% or SF) R7 721 Carport, Flat Roof (SF) R7 721 Carport, Flat Roof (SF) R11 901 Open Slab Porch (SF) R11 903 Wood Deck (SF) R11 903 Wood Deck (SF) R11 907 Enclosed Porch (SF), Screened Walls Units % QUAL 100.00 100.00 100.00 10.00 1.00 100.00 1295.00 98.00 110.00 62.00 10.00 98.00 3 of 3 (15/!1417(31 fi ;-19 PM TRUSAOLIFT" 750 ELEVATORS 6 LIFTS 441 what do I need to think about when I consider nay accessibility application? 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Straight Adjacent /Al Cc Deck Length 54" C- Deck Width 34" Total Width 49" * Custom platform sizes are available upon request © Tower Height 28" Lifting Height 50,5" 52" Lifting Height 74.5" 72" Lifting Height 94.5" 96" Lifting Height 120,5" 120" Lifting Height 144.5" 144" Lifting Height 168.5" 168" Lifting Height 192.5" * Custom Tower heights are available upon request Deck Length 54" Deck Width 40" Total Width 54" * Custom platform sizes are available upon request Important things to consider for the installation location: Power availability — 15amp, 110V dedicated circuit no more than 8 feet away Mounting to a wall — especially for iifts with travel greater than 52in For exterior installations a secure footing — typically a concrete pad 5ft x 5ft Vertical Platform Lifts are designed to meet ASME A18.1/ CSA B613 -o / CSA B355 Safety Standards when properly equfpped. While RANI VPLs meet national standards, it is imperative to check State/ Provincial and Local code requirements before installing to ensure compliance. All State/ Provincial and Local compliance is the respensfWity of the purchaser. Some states may require fees for site preparation and permits. 10203 - 184 Street Edmonton, Alberta T5S 2J4 1-800-563-4382 www.trustram.com KEY FEAITI 1 5 f - Q Patented soft -touch controls for ease of use Add RAM gates to increase your safety Add a safety pan for more peace of mind ADDITIONAL FEATURES • Constant pressure Soft Touch control pads • 750 Ib capacity • 8 feet/minute lift speed Direct Geared Belt Drive ■ Non -load bearing back-up safety nut Low maintenance • Non-skid platform surface for increased safety • Pre wired - plug 110V/15A wall outlet 0 Emergency manual operation • Control box accessible from carriage • Durable powder coat finish • U.L. and C.S.A. Certified contact us for a dealer near you [457mm] TRUS-T-LIFT DIMENSIONS SPECIFICATIONS: — 34" x 54" [864mm x 1372mm] LIFT PLATFORM — 49" x 54" [1245mm x 1372mm] FOOTPRINT — 168-1/2" [428Omm] TOWER HEIGHT — 0" — 144" [Omm — 3658mm] LIFT RANGE — MAXIMUM LOAD 750 lbs. [340 Kg.] — 8 F,P.M [0.04 m/5] LIFT SPEED — SCREW NUT SYNCHRONOUS BELT DRIVE — MOTOR: 1/2 H.P. 110V A.C. — POWER SUPPLY: 110V/1PH/60HZ C/W 15A FUSED DISCON, — NON—LOAD BEARING BACKUP SAFETY NUT ON LIFT SHAFT — ZERO—LOAD START IN BOTTOM POSITION — SAFETY HANDRAIL ON CARRAIGE *DESIGNED & BUILT TO MEET ANSI—A18.1-2008 Safety Code *DOORS: — UPPER LANDING GATE C/w ELECTRICAL MECHANICAL INTERLOCK ❑ Accepted as Shown ❑ Revise and Resubmit ❑ Accepted as Modified Date: Per: NOTES: — Dimensions ore in inches & [mm] TOTAL 144 INCHES No. OF SERIAL No. — TRAVEL 3658 mm LANDINGS: 2 JOB No. — S.0 — TRUE LIFT LOCATION — DORK DWN. BY: TRUS-T-LIFT ELEVATOR ARCHITECT _ B.G — CHECKED BY: INSTALLATION DETAILS AND SPECIFICATIONS GENERAL— CONTRACTOR — SCALE: DATE: DRAWING No, 1/2 REV N.T.S. 20/02/2014 144URLDUGNCST-750 A