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HomeMy Public PortalAbout20170417_PC_MINUTES.pdfPLANNING 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 fit 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 he is a representative for the applicant Mr. Reilly and that he just 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 C1 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