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.