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HomeMy Public PortalAbout20170515_PC PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson A. Call to order: INTERIM CITY MANAGER George Shaw COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA May 15, 2017 — 7:00 p.m. For City Council Meeting June 8, 2017— 7:00 p.m. B. Consideration of Minutes: 1. Minutes of April 17, 2017 C. Disclosures/Recusals: CITY ATTORNEY Edward M. Hughes D. New Business: Text Amendment: Amendment to Article 2, Section 2-010 to amend definition for Height of building. E. Variance/Setback: 3-090 — Schedule of development regulations — Brenda Timms — 1303 Second Avenue — Zone R2 Adjournment: Lisa L. Schaaf PLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson Planning Commission Meeting MINUTES April 17, 2017 INTERIM CITY MANAGER George Shaw COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the April 17, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Ron Bossick, David McNaughton, Charles Matlock, John King, Tina Gann and Alan Robertson. Consideration of Minutes: Chair Bishop asked for consideration of the March 20, 2017 meeting minutes. Commissioner Matlock made a motion to approve and Commissioner Robertson seconded, the vote to approve was unanimous, without a vote from Vice Chair Bossick, who did not attend the March 20th meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals, there were none. New Business: Text Amendment: To Article 2, Sec.2-010, of the land development code concerning definitions of foundation, grade and slab. Mr. Shaw approached the Commission and stated the Height amendment that was just recently passed had a few items that were left out in the definition section (foundation grade and slab) also there is another change in the way to measure the height of a building, both of those will be on the next agenda. Commissioner Matlock asked if we should define footing. Mr. Shaw stated that it is a common construction term and is not necessary, but if he would like it changed he would. Commissioner Robertson made a motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous. Variance/ Marsh Buffer: Sec. 3-090.1. - Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback - Consideration to build in the Marsh Buffer - 23 Teresa Lane Zone R2 Mr. Shaw approached the Commission and stated the applicant Mr. Reilly was interested in purchasing a property in the North Wave Subdivision, 23 Teresa Lane and he stated it is located in an area that has dunes on one side and marsh on two sides. A number of the homes in that neighborhood also have bulkheads and are well within the 25' marsh buffer, and he is not sure how they were built that way but they exist. The Applicant, Mr. Reilly, would like to build something similar to the existing neighbors using the ten foot side yard setback instead of the 25' marsh buffer setback. Mr. Shaw also stated that with the marsh buffer setback the footprint would still leave over a 3,000 square footprint and staff feels that would be a developable footprint and recommends denial of the application. Chair Bishop asked what would be the area that would encroach the marsh. Mr. Shaw stated on the proposed building footprint there is a 15' by 67' section that encroaches the marsh buffer. There is also a small portion of the front of the house that will also be in the front marsh buffer that is not shown on the survey. Chair Bishop also stated that he did not see any signage on the property. Mr. Shaw stated that the sign had been blown down, he had the City Marshall replaced it, and we did have proper advertising. Commissioner McNaughton stated that he could not follow the survey and information. Commissioner King asked if the north side of the property where it crosses the Shore Protection Act jurisdiction line was our concern. Mr. Shaw stated it is not the City's concern and the DNR stated they should be able to get an exception for that, but they do meet our 10' toe of the dune in this layout. Chair Bishop asked if the beach access easement will be relocated. Mr. Shaw stated that there is discussion of Mr. Reilly relocating it to the other side if needed with neighbor's approvals. Commissioner Matlock asked if there had been any feedback from surrounding neighbors. Mr. Shaw stated he did get a letter from one neighbor that gave approval. Commissioner McNaughton stated he was very curious about how these other houses were built in the setback. Mr. Shaw stated he was also curious and he does not think anything can be done at this point and nothing has been found in researching so far and his guess is they were approved that way but does not know that for a fact. Chair Bishop asked if there was any kind of hardship on this variance. Mr. Shaw stated that there is not one that meets the Code. Vice Chair Bossick stated that there is a new home to the north and it looks like they ft the footprint and he doesn't think there was a variance for that one. Mr. Shaw stated that one is in the proper setback footprints and was just recently finished. Mr. Brown approached the Planning Commission and stated that Mr. Reilly wants to be treated fairly and he stated that he built a few of the houses in that neighborhood and does not recall any variances and he does not know if there might have been a blanket variance when the subdivision was developed maybe in the archives somewhere because everyone of the houses in there are 10' off the marsh buffer. He also stated this plan is just a border of what could go in the area and Mr. Reilly is a single parent with three boys and he also takes care of his parents so he needs a little space and he would like to build like the rest of the houses in that neighborhood. Commissioner McNaughton asked if the lot had been bought yet by the Petitioner. Mr. Brown stated no and this variance will determine if Mr. Reilly will buy the lot or not. Chair Bishop asked Mr. Brown about his statement of a blanket subdivision easement. Mr. Brown stated he vaguely remembers something about that but can't really remember much about it, but that he never went for a variance when he was building in there. Chair Bishop also stated that if there is something like that we are bound to that document. Mr. Brown stated that Mr. Hughes is looking into that now, because the whole Sedimentation Act came in after that neighborhood was built. Mr. Shaw stated that is correct although we have been unsuccessful in finding anything concerning that kind of document and the original survey says all lots must meet the DNR 25' setback and the property owner that contacted me stated he was supposed to build 25' off the Marsh Buffer. Mr. Shaw also stated he is not sure how someone could get a blanket easement for a subdivision and that he has never heard of anything like that. Mr. Brown stated it could happen at the development stages of the subdivision. Chair Bishop asked if that survey was in their package. Mr. Shaw stated no, that survey was found after the packets went out; Mr. Brown does have a copy with him. Vice Chair Bossick asked if there was a master plan for this development. Mr. Shaw stated no there was not. Commissioner King asked if the bulkhead affects the setback. Mr. Shaw stated no it doesn't, the existing bulk head is just a marsh line at this point. Mr. Brown stated that is not known for sure he is having that looked into. Mr. Craft approached the Commission and stated he lives at 15 Teresa Lane in North Wave Subdivision and he bought his lot in 1997. He stated the majority of the lots are built in the Buffer and he thinks he knows why but he won't go into that. He also stated Mr. Reilly is just asking for the same thing everyone else out there has and he hopes the commission will grant this for him. Mr. Reilly approached the commission and stated his name and that he lives at 1 Dorset Court on Wilmington Island in the Old Town subdivision and he stated how there was so little room for parking and he will not use all the space but he would like to build a traditional shape home not an odd shape. Commissioner McNaughton asked Mr. Reilly why are you asking for a variance before you have considered the design. Mr. Reilly stated he has a design in mind but is still considering others. Commissioner King asked if he will not be building in the driveway area. Mr. Reilly stated he only wants to build around a four thousand square foot home at the most so he can have room in the driveway. Commissioner Matlock asked if he knew he was going to encroach on the buffer. Mr. Reilly stated he did not know that at first and wanted to find out what the Commission will allow him to do before he goes further. Vice Chair Bossick asked if the architect showed him any layouts that would not need a variance. Mr. Reilly stated with the buffer setback the shape would be triangular and that would stop him from developing. Mr. Brown approached the Commission and asked Chair Bishop to read a statement from a plat of North Wave Subdivision, Chair Bishop read number nine statement (all lots adjoining DNR Jurisdiction line are subject to a 25' natural line requirement) which he stated means the 25' line is required for this lot. Mr. Brown asked Chair Bishop if he can sees where the line stops at lot 22. Chair Bishop stated he cannot interpret what the map shows but he can understand that the note states it is required. Mr. Brown also stated that DNR Deb Barreiro ran the line from a cedar tree that was planned 4 or 5 years ago instead of going to the house adjacent to the east of this lot, it is diagonal and makes the lot unbuildable. Chair Bishop stated that is not reflected on the plat. Vice Chair Bossick stated that it is a DNR discussion not a no build situation. Mr. Kohn approached the Commission and stated his name, he lives at 12 Teresa Lane and he approves of what Mr. Reilly is wanting, but he does have a concern with the movement of the beach easement, he would like to have that approved by all the neighbors if it will be moved. Commissioner McNaughton stated if there is any kind of information that has not been presented to us today I would want to continue. Vice Chair Bossick stated in Sec. 3-090.1 subsection C 1 item A states clearly that new development or new land disturbing activities will be subject to all applicable buffer requirements, so as of 2014 it is fairly strait forward. Commissioner McNaughton made a motion to deny the variance request and it was seconded by Commissioner Matlock, the vote was unanimous. Adjournment: Commissioner King made the motion to adjourn and Commissioner McNaughton seconded meeting adjourned at 8:20pm. Lisa L. Schaaf Project ID Description Name Property Status Applied Date Issued Date Dwelling Type Project Type 170311 REPAIR ROOF JAY BURKE 10 N CAMPBELL Complete 04/03/2017 04/03/2017 Private CONST 170312 INSTALL FENCE WOJCIECH SZYMIELEWICZ 1209 FIFTH AV Open 04/03/2017 04/03/2017 Private CONST 170313 REBUILD STAIRS & LANDING TIM CAIRNEY 9 CARPENTER RD Open 04/03/2017 04/03/2017 Private CONST 170314 REPLACE ROOF HENRY BURTON 5 MILLER AV Complete 04/03/2017 04/03/2017 Private CONST 170315 REPLACE ROOF GLORIA ELLWOOD 22 SIXTH AVE Complete 04/03/2017 04/03/2017 Private CONST 170316 REPLACE ROOF JOHN INGRAM 207 SECOND AV Open 04/03/2017 04/03/2017 Private CONST 170317 REPAIR ROOF -STORM LELAND HAYES 145A S CAMPBELL AV Complete 04/04/2017 04/04/2017 Private CONST 170318 NEW SINGLE FAMILY HOME SUSAN&NEIL ESTROFF 716 JONES AVENUE Open 04/05/2017 04/05/2017 Private CONST 170319 REPAIR ROOF JENNIFER KNOX 145F 5 CAMPBELL Complete 04/05/2017 04/05/2017 Private CONST 170320 REPAIR ROOF TERREL GOODING 1413 SIXTH AVE Complete 04/05/2017 04/05/2017 Private CONST 170321 TREE REMOVAL PAUL CABLE 1512 MILLER AV Complete 04/05/2017 04/05/2017 Private TREE 170322 REPLACE HVAC/STAND ROB WHITE 3 CASON AVE Complete 04/05/2017 04/05/2017 Private MECH 170323 REPAIR ROOF BILL FRANKLIN 2 TERESA LN Complete 04/05/2017 04/05/2017 Private CONST 170324 NEW SHED FAWN SMILEY 10 CEDARWOOD Open 04/06/2017 04/06/2017 Private CONST 170325 REPAIR FENCE DIANA KILLORIN 1114 LAUREL Open 04/07/2017 04/07/2017 Private CONST 170326 REPAIR ROOF YAN BAKER 402 FIRST Complete 04/07/2017 04/07/2017 Public CONST 170327 STORM REPAIRS JOSEPH WHITAKER 909 LOVELL AVE Open 04/07/2017 04/07/2017 Private CONST 170328 TREE REMOVAL FAWN SMILEY 10 CEDARWOOD Complete 04/07/2017 04/07/2017 Private TREE 170329 D I SCOV E RY/TEA RO UT ONLY STUNNED MULLET 404 BUTLER Open 04/07/2017 04/07/2017 Private 170330 TREE REMOVAL FRANK KONCUL 1408 SEVENTH AVE Open 04/07/2017 04/07/2017 Private TREE 170331 REPAIR ROOF MICHAEL SCHMITT 103 NINTH ST Complete 04/10/2017 04/10/2017 Private CONST 170332 REPLACE HVAC STEVE MAZUREK 405C MILLER LN Complete 04/10/2017 04/10/2017 Private MECH 170333 REPAIR ROOF RUTH KRAUSS 909 MILLER Complete 04/10/2017 04/10/2017 Private CONST 170334 REPAIR R SIDING PATRICIA WILLIS 3 THIRTEENTH Open 04/10/2017 04/10/2017 Private CONST 170335 RELACE WINDOWS JJ FOUNTAIN 1211 FIFTH AVE Complete 04/10/2017 04/10/2017 Private CONST 170336 REPLACE ROOF DOUG HALL 204 FIRST ST Complete 04/10/2017 04/10/2017 Public CONST 170337 TREE REMOVAL TODD MCGEE 13 EIGHTEENTH Complete 04/10/2017 04/10/2017 Private TREE 170338 REPLACE DOOR/STORM BOBBIE WRIGHT 603 BUTLER AVE Complete 04/11/2017 04/11/2017 Private CONST 170339 TREE REMOVAL - DEAD TREE PAUL DONOVAN 708 SECOND AV Complete 04/11/2017 04/11/2017 Private TREE DEAD 170340 NEW DECK AND LANDS RENAI FITZPATRICK 1507 SECOND AVE Open 04/11/2017 04/11/2017 Private CONST 170341 REPLACE ROOF MATT BECKER 1221 MILLER AVE Complete 04/11/2017 04/11/2017 Private CONST 170342 REPLACE ROOF OCEANFRONT COTTAGES 717 FIRST STREET Complete 04/11/2017 04/11/2017 Public CONST 170343 REMODEL KITCHEN ROBIN PRITCHARD 1006 LOVELL AVE Open 04/11/2017 04/11/2017 Private CONST 170344 INSTALL FENCE TONY PLOUGHE 1409 SOLOMON AVE Open 04/12/2017 04/12/2017 Private CONST 170345 REMOVE DECK/ADD PERGOLA JUDY TROUT 1417 MILLER AVE Open 04/12/2017 04/12/2017 Private CONST 170346 DOCK REPAIRS - RESIDENTIAL GREGORY BELL 74 SOLOMON AV Open 04/12/2017 04/12/2017 Private CONST 170347 REPLACE ROOF NATHAN GODLEY 15 IZLAR Complete 04/12/2017 04/12/2017 Private CONST 170348 REPAIR ROOF -STORM HAROLD HEYMAN 1817 BUTLER AVE Complete 04/13/2017 04/13/2017 1 Private CONST 170391 REPAIR STAIR/DECK & RAILS LARRY PIKE 6 NORTHSHORE Open 04/26/2017 04/26/2017 Private CONST 170392 EXTEND WOODSHEDBY 41/2' RIVERS END CAMP 5 FORT AVE Open 04/26/2017 04/26/2017 Private CONST 170393 TREE REMOVAL GUS HEISEY 1116 LOVELL AVE Complete 04/27/2017 04/27/2017 Private TREE 170394 TREE REMOVAL THOMAS SOODSMA 1607 SECOND AVE Open 04/27/2017 04/27/2017 Private TREE 170395 REPAIR/REPLACE WIN D-DOORS-1101 JEFF SLAUGHTER 173 LEWIS AVE Open 04/27/2017 04/27/2017 Private CONST 170396 INSTALL FENCE MARY YAWN 17 SEVENTEENTH ST Open 04/27/2017 04/27/2017 Private CONST 170397 NEW HVAC JULIUS DAVIDSON 1508 BUTLER AVE Open 04/27/2017 04/27/2017 Private MECH 170398 REPLACE HVAC MOLA JUNG 304 FIRST ST Open 04/27/2017 04/27/2017 Private MECH 170399 REPAIR ROOF LYNN ENGLER 12A VAN HORN Complete 04/28/2017 04/28/2017 Private CONST Sec. 2-010. B. Definitions. Height of building unless otherwise specifically defined or described by ordinance, means the vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators and similar appurtenances. ORDINANCE NO. 10-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND SECTION 2-010(B), DEFINITIONS, TO CHANGE THE DEFINITION OF HEIGHT OF BUILDING WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, recent amendments to the Code pertaining to the measurement of the height of buildings in connection with construction on improved structures, including the battery, necessitate providing for revisions to the definition of Height of building; and WHEREAS, the governing authority desires to amend Section 2-010(B), Definitions, so as to change the definition of Height of building, NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that Section 2-010(B), Definitions, shall delete the current definition of Height of Building so as to hereafter read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended so as to revise Section 2-010(B), Definitions, so that the definition of Height of building shall hereafter read as follows: Sec. 2-010. B. Definitions. 1 Height of huilding unless otherwise specifically defined or described by ordinance, means the vertical distance measured from the average adjacent grade of the building to the extreme high point of the building, exclusive of chimneys, heating units, ventilation ducts, air conditioning units, elevators and similar appurtenances. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF .2017. MAYOR r74001N a CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances 2017/10-2017 2-010 definition height of bldg. 05.08.17 LOCATION: N/A STAFF REPORT PLANNING COMMISSION MEETING: May 15, 2017 CITY COUNCIL MEETING: June 8, 2017 APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER: N/A PROPOSED USE: N/A USE PERMITTED BY RIGHT: N/A APPLICATION: Amendment to Article 2, Section 2-010 to amend definition for Height of building PROPOSAL: Definition for Height of building needs to be changed to account for additional method for measuring height from existing structure of slab. ANALYSIS: This change was made necessary after adding additional method of measuring height from existing structure or slab STAFF FINDING Staff recommends approval ATTACHMENTS A. Amendment 1 This Staff Report was prepared by George Shaw. t; < ,,+ Fee CITY OF TYBEE ISLAND ZONING VARIANCE APPLICATION Camme Residential tial 20O $ZOO ' Applicant's Name Z6,; Oda, 1Z a M S Address and location of subject property PIN Applicant's Telephone Number 10 1 Applicant's Mailing Address '/ ✓�h r�11M6011, 31,216 Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name � � � � / /i'A1rf-� Telephone Number Property Owner's Address /� Y /,�� , �"`' i/ ��w/ U4k , & e �� b Is Applicant the Property Owner? --X— Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Yes 1-7 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. _i 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 $ 02O d .0 a check Number 96a city Official Date �t l,3 la y / -r NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) Narrative describing the hardship and the reason for the variance request. Explain the hardship: 5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE; Provide attachments illustrating conditions on surrounding properties and on the sub 'ect propgft,indicating uniqueness, etc. 5-090 (13) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. �� 1a; MINLr. Signature of Applicant Date 5-090(0) 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. 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 CONTRIBUTIONS GIFTS GOVERNMENT OF $250.00 OF $250.00 DATE OFFICIAL OR MORE OR MORE 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 $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature Printed Name 3-e%- GCS Date Reason for Variance Request: purchased the property at 1303 Second Avenue for my family to enjoy and use as our second home on the beach. I hired local contractors to replace the siding on the house and in the process, the front concrete porches and steps had to be removed so that the siding and wood rot repair could be made properly. The steps and stoops were in poor condition and had settled overthe years causing them to be uneven and very unsafe. My Mother is currently 86 years old and my father is 92 years old which is one of my concerns for replacing the porch. I want to make a safe entry that has railings on the steps and has an overhang that will protect them from the elements as they open the entryway door. Not only is this safety concern for my parents, but I have a brand new grandchild which also causes concern for having the necessary room, protection from the elements and proper railings. The original porch footprint had a 4 foot measurement from the door toward the street (width) with an additional 3 foot extension for the steps. I want to use the same 4 foot width but put the steps with proper railings on the side of the porch instead of the front. That will actually remove 3 additional feet of encroachment toward the street. The second concern for requesting this change is due to the reputation of this property over the years. It has had a history of drug connections and vagrants who walk right up and sit on the stoop. It is an unsafe feeling and I want the exterior and porch to not feel as accessible for folks to walk right up. My neighbors to the left, Marcus and Sandy and my neighbors across the street, Linda and Carrol Phillips have been diligent in calling me or the Tybee police. I have had reports filed with Tybee police who have contacted me in Macon. Tybee police have been wonderful but I am hopeful that a "new look" will also help change the old reputation to a new more family oriented one! My only intent is to improve this property as this house has been a part of Tybee for well over 50 years old and I hope will be here for many more. Thank you for your consideration in this process. Brenda Timms Chatham County Board of Assessors: 2016 Property Record Card 4-... 2016 Chatham County Board of Assessors Property Record Card APPRAISER MWTHOMAS LOT 74A, WARD 4, TYBEE LAST INSP 12/21/2015 APPR ZONE 000008 SALES BOOK/ INS VI OU RSN PRICE PAGE 11 Feb 463 402 OC I U UO 2015 GRANTOR:TIMMS BRENDA GRANTEE: TIMMS CHADWICK ALLEN ETAL* 15 Aug 398M 322 WD I O 170,000 2014 GRANTOR:FISK DOROTHYP GRANTEE-TIMMS BRENDA 14 Dec 176G 0065 NA I U U8 1995 GRANTOR:I-IOSTI BENNO P GRANTEE.•FISK DOROTHY P COMMENTS: 04 Jun 2015 TY16 463-402: "ETAL: BRENDA TIMMS, KELLY PRUETT TIMMS - SEE DEED FOR INTERESTS 30 Oct 2007 ADD CHO PER FORM 10/30/07 SDL http://boa.chathamcounty.org/DesktopModules/ChathamCou my/Boar... 4-0007-14-007 1303 2ND AVE TYBEE ISLAND TIMMS CHADWICK ALLEN ETAL` CAMA ASMT 0006 RESIDENTIAL 4675 WESLEYAN WOODS DR 161,200 161,200 LAND 1 MACON GA 31210 56,900 56,900 BLDG 1 EXEMPTIONS OBXF 0 218,100 218,100 Cast - MS �' SAGIS CODES PROPERTY 0006 RESIDENTIAL USE UTA 0004 TYbee Island NBHD 020225.00 T225 TYBEE INNER EXEMPTIONS HISTORY LAND IMPR TOTAL 2015 124,610 45,390 170,000 TRAN 2014 161,200 61,000 222,200 Cama 2013 161,200 62,300 223,500 Cama 2012 161,200 61,400 222,600 Cama 2011 161,200 61,400 222,600 Cama 2010 282,000 94,000 376,000 Cama 2009 282,000 123,500 405,500 Over 2008 282,000 123,500 405,500 Cama 2007 282,000 107,000 389,000 Cama 2006 282,000 98,000 380,000 Cama 2005 150,000 127,500 277,500 Cama 2004 89,500 146,000 235,500 Cama 2003 71,000 91,500 162,500 Cama 2002 71,000 91,500 162,500 Cama 2001 74,500 94,000 168,500 Gama 2000 55,000 77,000 132,000 Cama 1999 31,500 77,000 108,500 Cama 1998 31,500 75,500 107,000 Cama 1997 31,500 71,500 103,000 Cama 1996 15,000 71,480 86,480 Cama 1995 15,000 74,810 89,810 Cama 1994 15,000 67,040 82,040 Cama 1993 15,000 46,840 61,840 Over 1992 15,000 46,840 61,840 Over LAND IDN USE DESC FRONT DEPTH UNITS ITYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 110183 SINGLE FAMILY RES 60 79 1.00 -LT 161200.00 R2 161200 of 9, crn11-7 o.c, ANr Chatham County Board of Assessors: 2016 Property Record Card 4-... 2016 Chatham County Board of Assessors Property Record Card http://boa. chathamcounty. org/DesktopModules/Chath amCou my/Boar... 4-0007-14-007 1303 2ND AVE TYBEE ISLAND BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV 1 % TOTAL DEP % RCNLD U.FACT- R MKT VAL 85707-1-2016 Residential 133,822 1955 1975 MS 63.00 0.00 0.00 0.00 63.00 49,514 56,900 --------- -- -- ------ -- --- -- 19 ' 19, nclnaed Porch Screened pga = 9118 hi.ed F t h Avec Wa c e 12' P¢a i t110 One 5tely 36' I= [Click for larger picture] SECTION TYPE 1 - Main AREA 1800 TYPE 5 - Duplex FRAME 1 - Stud Frame STYLE 1 - One Story QUALITY 3.00 CONDITION 3.00 # UNITS 0 # OF BEDS /BATHS 12.00 COMPONENTS Units % QUAL R1 108 Frame, Siding, Wood 100.00 R2 208 Composition Shingle 100.00 R4 402 Automatic Floor Cover Allowance R6 601 Plumbing Fixtures (#) 10.00 R6 602 Plumbing Rough -ins (#) 2.00 R6 622 Raised Subfloor (% or SF) 100.00 R11 907 Enclosed Parch (SF), Screened Walls 152.00 R11 908 Enclosed Porch (SF), Knee Walls w/ Glass 152.00 of 2 5/,1/17 f2.51 AM r PIP . 10s rr,y At .yA , -g 14 J i i l c/ !'r�����7Grie �f �jr�plr� w,i`� �iG�i�� �io�� �i?�' dome LOT 75-A S 19°30'00')f 60.00' LOT 73-A S 19°30'00 60.00' 5/6" RBF SECOND AVENUE 60' R/W �u RETRACEMENT SURVEY PLAT OF LOT 74-A, WARD 4, TYBEE ISLAND, CHATHAM COUNTY, GEORGIA STREET ADDRESS: 1303 SECOND AVENUE FOR: BRENDA TIMMS THIS SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN CHAPTER 180-7 OF THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORSAND AS SET FORTH IN THE GEORGIA PLAT ACT O. C.G.A. 15-6-67, AUTHORITY O.C.G.A. SECS, 15-6-67, 43-15-4, 43-15-6, 43-15-19, 43-15-22. J. wBT= RMOLDS LAND SURVEYOR 636 STEPHENSON AVENUE SUITE C SAVANNAH, GEORGIA 31405 TELEPHONE: 912-352-0464 FAX_ 912-352-7787 EQUIPMENT: TOPCON AP-L1A ERROR OF CLOSURE: LINEAR: I/ - ANG: -"/ANGLE BALANCED BY: - PLAT: 1 /73,600 0 20 SCALE: 1" = 20' DATE: JULY 7, 2015 SURVEY DATE: JULY 9, 2015 PLAT FILE NO.15-65 0.^ /323 and �en�e hQZia 1303 Second Avenue l% 1,0Ce�� GC'��'� �iCe 6 'I :)"`0"4 -e STAFF REPORT PLANNING COMMISSION MEETING: May 15, 2017 CITY COUNCIL MEETING: June 8, 2017 LOCATION: 1303 Second Ave. PIN: 4-0007-14-007 APPLICANT: Brenda Timms EXISTING USE: Two family dwelling ZONING: R-2 OWNER: Brenda Timms PROPOSED USE: Two 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 change front porches. The porches and approximately 10' of the house currently encroach into the front yard setback. The applicant is requesting to reduce the encroachment toward the street but widen the encroachment to create an overall greater footprint in the setback. The applicant is additionally planning to add a roof to the proposed porches. ANALYSIS: The applicant is requesting to change the front entrance for aesthetic and safety reasons. 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 fully meet the above criteria. The application is based on the applicant's desire to make the entrance more appealing and safe. Any enlargement of the porch beyond what is required by code would not meet these standards. 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 Y 6. The City should provide appropriate incentives for historic restoration projects NIA 7. STAFF FINDING This application does not meet all the defined criteria for a variance. Staff cannot recommend approval. ►I111i1I_M:1851WOW A. Variance application (10 pages) B. Survey (1 page) C. Site Plan (1 page) D. SAGIS map (1 page) 2 This Staff Report was prepared by George Shaw.