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Home My Public Portal About20171218-PC-PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson A. Call to order: CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA December 18, 2017 — 7:00 p.m. For City Council Meeting January 11, 2018 — 7:00 p.m. B. Consideration of Minutes: 1. Minutes of November 13 and 27, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: CITY ATTORNEY Edward M. Hughes 1. Zoning Variance: Consideration of setback encroachments for single family dwelling -10 Robinson Ave. — Zone R1 —PIN 4-0002-08-005 —Mack Kitchens. 2. Site Plan Approval: Modify 3 Apartment Bldg. Into 4 Room Inn, Office, Kitchen & Spa —1705 Butler Ave. —Zone C-1 —4-0009-02-006 - Karen & Frank Kelly. —This item has been withdrawn Adjournment: Lisa L. Schaaf PLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson Planning Commission Meeting MINUTES November 13, 2017 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the November 13, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Charles Matlock, AIan Robertson, David McNaughton, John King and Ron Bossick. Tina Gann was not present. Comment and input Chair Bishop stated he had a discussion about the rezoning of parcel R-1 to RT 15 Meddin time on the minutes in the packet, he stated that there was a tremendous amount of discussion and redundancies at both Planning and City Council and he was concerned that two much time was wasted on the subject, and he feels that the process with communication between planning commission and what we decide and what is determined by council could have been better handled by Planning Commission if it had been referred back to them. Commissioner Robertson stated that he thought the same thing and agrees with Chair Bishop and he also thinks there is a lot of waste of time, he stated that the applicant should have a complete packet before it comes before Planning Commission or we should not review it. Mr. Shaw stated one of the issues since he has been here is both meetings are advertised at the same time due to the compacted time frame between the two meetings so because of that it has to go to City Council, so that is why the Planning Commission is unable to table an item. Consideration of Minutes: Chair Bishop asked for consideration of the September 18, 2017 meeting minutes. Commissioner Matlock made a motion to approve and Commissioner McNaughton seconded, the vote to approve was unanimous. Disclosures/Recusals:Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Chair Bishop asked if there was any old business for discussion. There was none. New Business: Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.—Zone R -1 -B -Sharon H. Akers -4-0002-16-018.: Mr. Shaw approached the Commission and stated the petitioner would like to separate their property and sell one lot. He also stated that the property meets all the requirements for the R1 -B zoning and staff recommends approval. Ms. Sharon Akers approached the Commission and stated she lives at 38 Solomon Avenue and the one property has two houses, and they can no longer handle both so she would like to sell the piece of property with the older house on it. Commissioner McNaughton made a motion to approve and Vice Chair Bossick seconded the vote to approve was unanimous. Site Plan Approval and Parkins Variance: Tybee Island Marine Science Foundation -37 Meddin Dr. on North Beach—Zone R-1/North End Cultural Overlay—Maria Procopio -4-0001-03-013.: Mr. Shaw approached the commission and stated the Petitioner would like to move their existing facility from the fourteenth street parking lot to a larger facility in the north end of the north beach parking lot, he showed a survey slide showing the parking they will be using and he estimated that they would need 25 parking spaces for this building and this will be a net gain for the island because they have no parking now. Mr. Shaw also stated that he is sorry the drainage plan is missing and he did see one in all the documents but was just not included in the package. He also stated that staff recommends approval. Commissioner McNaughton asked if the design is final and how can parking be determined without a final design. Mr. Shaw stated as far as he knows it will stay the same foot print and he went by the foot print and square footage to get what he thought was the best equation for the space. Chair Bishop asked if the City Engineer has looked at this drainage plan because he did not see an approval letter from the engineer in his packet. Mr. Shaw stated that the engineer has not reviewed this drainage plan and that would be his fault. Chair Bishop stated that he would deem this packet incomplete and is unable to act on it. Mr. Shaw agreed. Commissioner Bossick stated he thinks that this site will take some of the existing parking. Mr. Shaw stated he is correct and he did not catch that. He also stated there is an existing plan with the City to design additional parking in that lot. Mr. Craig Clements and Mr. Anthony Cissell with Sottile & Sottile Architects approached the Commission and explained how the facility will address parking and showed slides of an over view of how they came up with the overall design and how every detail is being considered in and around the building. Ms. Dottie Kluttz approached the Commission and stated she lives at 1 Officers Row on Tybee Island and she also stated that she would like to address her concerns about the busses and where would they be parking and will the North Beach Parking lot loose spaces. City manager Shawn Gillen approached the commission and stated he lives at 605 Second Avenue on Tybee Island, he stated that he has a couple things he wanted to make sure City staff and the public were aware of That the City is engaged with Thomas and Hutton and the City Engineer with two separate parking studies on the south and north end of the Island for maximizing parking, improving pedestrians experiences and on the north end we know there will be more parking and access needed. He also stated that the bus staging will be taken into consideration. Commissioner Robertson asked that planning and zoning be included in the steps of those context and plans. City manager Shawn Gillen stated he will make sure that happens. Commissioner Robertson made a motion to continue until the appropriate items are put in the packet, drainage and parking and Commissioner McNaughton seconded the vote to continue was unanimous. Standing Agenda Item: MPIC — Update: Commissioner Robertson stated that he would like to keep the Commission up to date on the Master Plan Implementation comity, and they met just before this meeting and the consultants came in and gave history and contexts and let us know that they are making good progress. He also stated that the Coastal resource division of the DNR has awarded us the coastal incentive grant that was requested, with some areas to adjust like zoning and the water study. He also suggested that the MPIC come to the Planning Commission meeting in March or after to get updates. The goal would be to get everything done by September 2018. Chair Bishop asked where drainage is considered in the master plan. Commissioner Robertson stated drainage and waste water removal is included in the carrying capacity study so there are action steps that the Council should consider undertaking, our role would be to condense and prioritize the tasks in the study and master plan. He also asked if the City will in any way give a variance for more than 35 feet for those houses that will be lifted under the Hazard Mitigation Grant. Mr. Shaw stated that would a two story house would be the only ones he would think that could go over 35 foot but he would think that would be a low priority because they could gut the bottom and still have living space above. Also if it is pre firm they are eligible to be lifted and would have to get a variance if they want to go over the 35foot. Adjournment: Vice Chair Bosick made the motion to adjourn, Commissioner Robertson seconded and was unanimous, the meeting adjourned at 8:30pm. Lisa L. Schaaf PLANNING COMMISSION Demery Bishop Ron Bossick Tina Gann John King Charles Matlock David McNaughton Alan Robertson Planning Commission Meeting MINUTES November 27, 2017 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CXTY ATTORNEY Edward M. Hughes Chair Bishop called the November 27, 2017 Tybee Island PIanning Commission meeting to order. Commissioners present were: Charles Matlock, Alan Robertson, David McNaughton, John King and Ron Bossick. Tina Gann was not present. Old Business: Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation -37 Meddin Dr. on North Beach—Zone R-1/North End Cultural Overlay—Maria Procooio4-0001-03013 Mr. Shaw approached the commission and stated at the last meeting the Commission pointed out that a few items were not included in the packet. The drainage plan with approval by the City Engineer, the landscape plan and a proposal for a parking plan to accommodate busses. He started with the parking plan and stated that earlier this year the City hired RS&H to Iook at North Beach parking taking into account the Marine science center and where some spaces could be gained including bus parking, this is also based on the City acquiring the use of the triangle area on the map, he noted that plan is in their package. Chair Bishop asked if the busses will be allowed to idle. Mr. Shaw stated he does not think there is an ordinance against that presently. Commissioner McNaughton stated he thought there was a discussion on that in the past, to keep commercial vehicles from idling on Tybee. Mr. Shaw stated he would have to research that. Vice Chair Bossick asked if City Council has seen this RS&H exhibit A. Mr. Shaw stated that it has not been formally submitted to City Council but they have seen it at a workshop. Mr. Shaw also stated he was just shown by City Manager Shawn Gillen an ordinance for idling vehicles on Tybee. Commissioner Robertson asked if the copy from Kern & Co. page M2 is the existing parking at north beach. Mr. Shaw stated that page M2 on the Kern and Co. plans does show the existing parking and the RS&H does not have some of the existing parking. Commissioner Robertson also stated that this would have to be a growing process to be watched over time. Mr. Shaw stated the drainage plan and approval letter are in the packet and page C4 shows the drainage. Mr. Shaw also asked the commission to look at the landscaping plan, page L1, which shows the plants that will be added. Chair Bishop asked if the site design submittal referenced in the Engineers letter was for page C2 of the plans in front of them. Mr. Shaw stated yes that is for the plan in front of you, and if you would like for the Engineer two reference the pages in the future for Commercial projects he could ask him to do that. Chair Bishop stated that would be helpful. Mr. Bob Hunter of Fleetwood Ct. Tybee Island approached the commission and stated that he is very concerned about how this will impact the traffic coming in and going off the Island in the North Beach area, because the traffic is already very congested at certain times of the year. Commissioner Robertson stated that this an ongoing infrastructure plan that will be addressed. Chair Bishop asked where something like traffic studies come into play with something of this size that is new to the area. Mr. Shaw stated that it is a concern and the infrastructure committee is aware and will be planning for the best result. Commissioner Robertson stated that there is a process already in place for those traffic and parking issues. Mr. Zittrouer P.E. of Kern & Company approached the commission and stated that the site plan has changed a little since the conditions have changed from 2012 to add a few parking places and other details. He also stated that the detention facility is a dry detention facility which will dry down within a 24, 48 hour period. It is not intended to maintain a water table. The roof drainage will be designed to get that water to the detention facility. Chair Bishop asked how the drainage under the building will be mitigated. Mr. Zittrouer stated that the underneath will be higher than the detention so that water will sheet flow naturally to the pond area. Commissioner Robertson made a motion to approve the site plan proposal and the parking variance of 15 spaces and Commissioner King seconded, the vote to approve was unanimous. Adjournment: Vice Chair Bossick made the motion to adjourn, Commissioner Robertson seconded and was unanimous, the meeting adjourned at 6:30pin. Lisa L. Schaaf .11ll:'r.�15'!lr STAFF REPORT PLANNING COMMISSION MEETING: December 18, 2017 CITY COUNCIL MEETING: January 11, 2018 LOCATION: Lot 10 Robinson Ave. (at Sprucewood Ave.) PIN: 4-0002-08-005 APPLICANT: Mack Kitchens EXISTING USE: vacant lot OWNER: Francis Wiley PROPOSED USE: single-family dwelling ZONING: R-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Ft. Screven Historic District APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations). PROPOSAL: The applicant is requesting approval of setback variances for construction on a vacant R-1 lot. ANALYSIS: A variance application identical to this current request was considered and approved by the Planning Commission in December 2013 and by City Council on January 9, 2014. It was again approved by on January 12, 2015. Section 5-090(C) provides a limit of 12 months for approval for a granted Variance. Therefore, the applicant is now re -applying for the same Variance. The Minutes of the previous Planning Commission and City Council meetings are included in this packet. The general character of the area surrounding this lot is residential. The parking area for a residential bed and breakfast is to the east at the end of Robinson Avenue. Property occupied by the American Legion is nearby. The dimensions of this lot are approximately 65 -feet by 53 -feet. The square footage is 3,457. The minimum lot size in the R-1 district is 12,000 square feet. The "hardship" definition of Section 5-090(A) reads: (1) That there are unique physical circumstances or conditions 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 size or shape, or exceptional topographical or other physical 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. The required building setbacks for lots zoned R-1 are 20 -feet front and back, and 10 -feet sides. The applicant is requesting approval of setback variances for construction on an existing foundation. The lot is located in the former Fort Screven area and the existing foundation may be circa 1940. The existing setbacks from the foundation to the property lines are approximately 18 -feet front/south, 9.5 -feet rear/north, 11.7 -feet east side, and 5.3 -feet west side. There are rights-of-way of 50 -feet, 45 -feet, and 20 -feet bordering the west, south, and east sides of the lot. The rights-of-way to the west and east are unopened. The north property line of the subject property is bordered by the side yard of a single-family home at 5 Sprucewood Street. The single-family home to the east fronts Meddin Drive. The "200 -foot rule" of Section 3-090(A)(1) is not applicable to this lot. The proposed use is in keeping with the R-1 zoning district as outlined in Section 4-050(A): This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also to provide for quiet, livable, low-density single family institutions, as well as limited provisions for bed and breakfast operations. The Comprehensive Plan describes the Ft. Screven Historic District as follows: The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents significant historic, cultural and natural resources. Varied uses include new, larger scale development, traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street trees, public parking. Zoning includes R-1, R-2, R -T, R-1/NEC, P -C, and PUD. The applicant has been advised that two means of egress are required by Section 9-050(C). The building plans will be redrawn if this request for setback variances is granted. STAFF FINDING Staff recognizes the required setbacks for a 12,000 square foot lot in an R -I district are lot are challenging for development of this 3,457 square foot lot of record. The proposed single-family dwelling is not considered detrimental to the character of the surrounding neighborhood. Staff recommends approval This Staff Report was prepared by George Shaw, Dianne Otto and Courtney Reich. ATTACHMENTS A. Variance application B. Minutes of Planning Commission Dec 2013 & City Council Jan 2014 meetings (3 pages) C. SAGIS map (1 page) D. photos of existing conditions (1 page) E. Survey showing existing foundation, dated October 5, 2012 (1 page) F. Rendering of proposed single-family dwelling (1 page) 2 Comprehensive Plan — Community Character Area The Ft. Screven Historic District Recommended Development Strategies Meets Strategy YIN or N/A 1. Establish standards and guidelines for signage N/A 2. Provide signage for landmarks and historic businesses N/A 3. Preserve and restore historic structures whenever possible N/A 4. Provide appropriate incentives for historic restoration projects N/A 5. Ensure continued preservation of old growth trees, parks, and greenspace N/A 6. Support an improved bicycle and pedestrian environment with connected facilities N/A 7. Consider adoption of architectural standards for historic structures N/A 8. The applicant has been advised that two means of egress are required by Section 9-050(C). The building plans will be redrawn if this request for setback variances is granted. STAFF FINDING Staff recognizes the required setbacks for a 12,000 square foot lot in an R -I district are lot are challenging for development of this 3,457 square foot lot of record. The proposed single-family dwelling is not considered detrimental to the character of the surrounding neighborhood. Staff recommends approval This Staff Report was prepared by George Shaw, Dianne Otto and Courtney Reich. ATTACHMENTS A. Variance application B. Minutes of Planning Commission Dec 2013 & City Council Jan 2014 meetings (3 pages) C. SAGIS map (1 page) D. photos of existing conditions (1 page) E. Survey showing existing foundation, dated October 5, 2012 (1 page) F. Rendering of proposed single-family dwelling (1 page) 2 Applicant's Name Address and locatio CITY OF TYBEE ISLAND ZONING VARIANCE APPLICATION COmmerciai $500 Resident al $200 PIN "/—� 'a& "1S4 ' Applicant's Mailing Address Applicant's Telephone Number Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name Property Owner's Address Is Applicant the Property Owner? Telephone Number 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. Y Yes Current Zoning of Property Current Use �T 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 Date Signature of Applicant NOTE: Other specific data is required for each type of Variance. .. ...._. _... ..... ._......... ....... . __ ....... ........ _...... Fee Amount $220 0 ' 0C Check Num 3 � Date /l J3 City 4lfcial 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 ha ds ip anal the Explaip the hardship: 5-040 (D) (3) A survey of the property signed and stamped by a 5-090 (A) (1) That there are unique physical circumstances o properties, including: irregularity; narrowness; or, shallowness of the lot shape; or, e State of Georgia certified land'sLfrveyor. conditions beyond that of surrounding exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, or the safety, or to historical significance, that is peculiar to the particular property; and; 5-090 (A) (2) 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 subject property, indicating uniqueness, etc. 5-090 (B) 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. Signature of ////'3'F/z! Date 5-090(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. 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 overnment 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 OFFICIAL OR MORE 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 $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Signature Printed Name Date I REEE � a — � 2 I 3 I 4 I 5 6 I 7 I 8 I 9 I 10 n I LOTS T, B, A 9, EBLOCK73 FT. BGREVEN WARD I ' 4p 8 Z m I S'_311 14'_1" SETBACKS I PREVIOUSLY APPROVED ABY J w �ry EDGE OF EXISTING SLAB TYBEE CITY COUNCIL p w IL `9 I IQI I El � a I I I I ! I x W � ,° Lot I0 „ � R ry ifl D I I I I f � 0 L ----J L----� N e � I EPOF EXI5TING SLAB GE � [u ?m LIFT 0 � F'1 NEW DRIVEWAY 9 � PERVIOUS MATERIAL I � q w W x Z � z 0 � a m oa L � N '8134 LU � F J Z 9— LU � 3 Om 0 m lL �} 0 ~ s _ H - ROBMSON AVE. (48' PW).,(EARTH GRAVEL R0APWAY7 =1—�, A�rH SITE. PLA C D E F N WITH GROUND, LEVEL. H 2 I 3 I 4 I 5 8 ' 7.. ,41.E CITY OF TYBEE ISLAND ZONING VARIANCE APPLICATION 'k s Applicant's Name �—)C�S is \ Address� and location of subject property 1 V TY)IC)i N,)�,C_s_1 -�-� PIN Applicant's Telephone NumbQT .SII ."I ! I D1.6 d'IV tnhee•:: rz iiGFr!!c 'li1Z.1{nrjL�F-_'41 I -a TR WMLYOW ;SOD ii -- -, r-ru_ F.5ieehtic7i $200 •fsl'j ��,' 11�'nor:`Ii�lc�il�:-�s��-"+"a-ARS f1 rr—vi, Lr, Applicant's Mailing Address ��--J�-t Ot {V > -A KjW (-)(A -ru Brief description of the land develop entktt qi and uC d the land thereaftercStoo place on the property; AGW Pddi �on61 AW] L�` Explain the hardship _ C�{f �(�� I�� Sqh' I I J Property Owner's Name �::J�fflj6a5Lk&phone Number Property Owner's Address n r -J TstrQN�o( ACV -V)44 , 3 k +io 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 Prpperty Owner granting the Applicant permission to conduct such land development is attached hereto. V 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. /les [Disclosure of CampaignContributions form attaghment hereto: ftUO6 -�� - -4- re of Applicant Date NOTE: Other specific data is requited for each type of Variance. ............... .......... _..........,............... ................. _............... _........ ..._................. ........... .......... ........ ........... .._....... ........._............................. ............ __....... _..... ........ ..._.. Fee Amount $ Check Number Date City Official (F) Compliance with ordinances. Notwithstanding any other provision of this 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, where, 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 section does not excuse prior violations including those that have resulted or may result in enforcement action by the city. (Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 8_29-2002; Ord. of 8-11-2005; Ord. No. 14-2010, 8-26-2010; Ord. No. 57-A-2014, § 1, 12-11-2014 ) Fr -8 W10P waey Somerset Farm LLC 4592 N. Browning Bridge Rd. Gainesville, Ga. 31328 770-355-5140 November 8, 2017 Mr. Mack Kitchens S. Campbell Ave Tybee Island, Ga. 31328 Ref: 0 Sprucewood Ave, Tybee Island, GA 31328 To whom it may concern; I am the owner of 0 Sprucewood Ave, Tybee Island, Ga. This letter gives permission, as the owner of this lot, to Mack Kitchens to go before the Tybee Planning Committee, to seek a variance on this lot for building purposes. In June of 2015, I received a variance on this lot to be able to build a slightly larger home than the current footprint allowed. This was approved by the Tybee Planning Committee. Unfortunately, I was unable to build on this lot due to the deaths of both of my parents Charles & Iris Bishop, formerly of Tybee Island, within six months of each other, dual probate, and managing many estate matters in South Carolina and Georgia. Mr. Mack Kitchens is a builder and wishes to seek a variance on this lot to build his own house. Thank you for your time in this matter. Sincerely, Fra4/ cep B P W a4e)l LOT PURCHASE AND SALE AGREEMENT Offer Date: November 7, 2017 A. KEY TERMS AND CONDITIONS 2017 printing 1. Purchase and Sale. The undersigned buyer(s) ('Buyer) agree to buy and the undersigned selfer(s) ("Seller") agree to sell the real property described below including all fixtures, improvements and landscaping therein ("Property") on the terms and conditions set forth in this Agreement. a. Property Identification: Address: 0 S rucevood Ave City Tybee island County Chatham Georgia, Zip Code 31328 MLS Number; 176231 Tax Parcel I.D. Number: 4-0002-08-005 b. Legal Description: The legal description of the Property is [select one of the following below]: ❑ (1) attached as an exhibit hereto; Q (2) the same as described in Deed Book 537 Page 395 et. seq., of the land records of the above county; OR ❑ (3) Land Lot(s) of the District, Section/ GMF}, Lot Block Unit Phase/Section of Subdivision/Development, according to the plat recorded In Plat Book 537 Page 395 et. seq., of the land records of the above county. 2. Purchase Price of Property to be Paid by Buyer. 3. Closing Costs. $1201000.00 ; or Seller's Contribution at Closing: $ per acre $ -0- based upon a survey performed in accordance with the 4. Closing and Possession. b. Possession of the Property Shall Be Transferred to Buyer; a. Closing Date: January 31, 2019 ❑x 1. At the Closing ❑ 2. days after the date of closing at o'clock [❑ AM ❑ PM (attach F140 Temporary Occupancy Agreement) S. Holder of Earnest Money ("Holder"). 6. Closing Attorney/Law Firm. 7. Earnest Mondy. Earnest Money shall be paid 40 check ❑ cash or[] wire transfer of immediately available funds as follows: ❑x a,$ 1, 000.00 as of the Offer Date. ❑ b. $ within days from the Binding Agreement Date. ❑ c. $ 8. Inspection and Due Diligence. a. Due Diligence Period. Property is being sold subject to a Due Diligence Period of days from the Binding Agreement Date. b. Option Payment for Due Diligence Period: In consideration of Seller granting Buyer the option to terminate this Agreement, Buyer; (1) has paid Seller $10.00 in nonrefundable option money, the receipt and sufficiency of which is hereby acknowledged; plus (2) shall pay Seller additional option money of $ by ❑ check or ❑ wire transfer of immediately available ❑ funds either ❑ as of the Offer Date; OR within days from the Binding Agreement Date. Any additional option money paid by Buyer to Seller[:] shall (subject to lender approval) or[] shall not be applied toward the purchase price at closing and shall not be refundable to Buyer unless the closing fairs to occur due to the default of the Seller. 9. Brokerage Relationships in this Transaction. a. Selling Broker is _C21 Solomon PrRperties and is: (1) ❑ representing Buyer as a client. (2) ❑ not representing Buyer (Buyer is a customer). (3) Q acting as a dual agent representing Buyer and Seller. (4) ❑ acting as a designated agent where: C. b. Listing Broker is _C21 Solomon Properties` and is: (1) ❑ representing Seller as a client. (2) ❑ not representing Seller (Seller is a customer). (3) Q acting as a dual agent representing Buyer and Seller. (4) ❑ acting as a designated agent where: has been assigned to exclusively represent Buyer. I has been assigned to exclusively represent Seller. Material Relationship Disclosure: The material relationships required to be disclosed by either Broker are as follows: n/a a 10. Time Limit of Offer. The Otter set forth herein expires at 5: 00 o'clock P .m. on the date November 8. 2017 11. Consent to Share Non -Public Information. Buyer and Seller hereby consent to the closing attorney preparing and distributing an American Land Title Association ("ALTA") Estimated Settlement Statement -Combined to Buyer, Seller, Brokers and Broker's affiliated licensees workin ' greement for their various uses. Buyer(s) Ini i I Seller(s) Initials Q�2. 11109/2017 110 9 /2 0 1 F z I 10 az Al1esr THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED N REAL ESTATE TRANSACTIONS N WHICH &et Lou Ftrtrs7lIS INVOLVED ASA REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEND BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS® AT (T70) 4514831. CopyrightO2017 by Georgia Assedation of REALTORSO, Inc. F27, Lot PtBahaae and Sate AgreenteW, Page 1 of 8, 05r01M7 C-22 Salomon Pr r-tieq 902 FiT d St Tyb. W -d GA 31338 Phone: 9124A411332 Fax: 912R974429 $�wncew,ond Itt Betty Lou Futrell Produced with ApFenn® by zipLogix 18070 Fifteen Mile Road, Fraser, &fthigan 4BU26 iVl,Qna.carr, B. CORRESPONDING PARAGRAPHS FOR SECTION A Purchase and SaleTtie. a. Warranty: Seller warrants that at the time of closing Seller will convey good and marketable title to said Property by limited warranty deed subject only to: (1) zoning; (2) general utility, sewer, and drainage easements of record as of the Binding Agreement Date and upon which the improvements do not encroach; (3) declarations of condominium and declarations of covenants, conditions and restrictions of record on the Binding Agreement Date; and (4) leases and other encumbrances specified in this Agreement. Buyer agrees to assume Seller's responsibilities in any leases specified in this Agreement. b. Examination: Buyer may examine title and obtain a survey of the Property and furnish Seller with a written statement of title objections at or prior to the closing. ff Seller fails or is unable to satisfy valid title objections at or prior to the closing or any unilateral extension thereof, which would prevent the Seller from conveying good and marketable title to the Property, then Buyer, among its other remedies, may terminate the Agreement without penalty upon written notice to Seller. Good and marketable title as used herein shall mean title which a title insurance company licensed to do business in Georgia will insure at its regular rates, subject only to standard exceptions. c. Title Insurance: Buyer hereby directs any mortgage lender involved in this transaction to quote the cost of title insurance based upon the presumption that Buyer will be obtaining an enhanced title insurance policy since such a policy affords Buyer greater coverage Purchase Price and Method of Payment. The Purchase Price shall be paid in U.S. Dollars at closing by wire transfer of immediately available funds, or such other form of payment acceptable to the closing attorney. Closing Casts and Prorations. a. Items Paid By Buyer: At closing, Buyer shall pay: (1) Georgia property transfer tax; (2) the cost to search title and tax records and prepare the warranty deed; and (3) all other costs, fees and charges to close this transaction, except as otherwise provided herein. b. items Paid By Seller: At closing, Seller shall make the referenced Seller's Monetary Contribution which Buyer may use to pay any cost or expense of Buyer related to this transaction. Buyer acknowledges that Buyer's mortgage lender(s) may not allow the Seller's Monetary Contribution, or the full amount thereof, to be used for some costs or expenses. In such event, any unused portion of the Seller's Monetary Contribution shall remain the property of the Seller. The Seller shall pay the fees and costs of the closing attorney: (1) to prepare and record title curative documents and (2) for Seller not attending the closing in person. c. Prorations: Ad valorem property taxes, community association fees, solid waste and governmental fees and utility bills for which service cannot be terminated as of the date of dosing shall be prorated as of the date of closing. In the event ad valorem property taxes are based upon an estimated tax bill or tax bill under appeal, Buyer and Seller shall, upon the issuance of the actual tax bill or the appeal being resolved, promptly make such financial adjustments between themselves as are necessary to correctly prorate the tax bill_ In the event there are tax savings resulting from a tax appeal, third party professional costs to handle the appeal rnay be deducted from the savings for that tax year before re -prorating. Any pending tax appeal for the year in which the Property is sold shall be deemed assigned to Buyer at closing. Closing and Possession. a. Right to Extend the Closing Date: Buyer or Seller may unilaterally extend the closing date for eight (8) days upon notice to the other party given prior to or on the date of closing if: (1) Seller cannot satisfy valid title objections (excluding title objections that: (a) can be satisfied through the payment of money or by bonding off the same; and (b) do not prevent Seller from conveying good and marketable title, as that term is defined herein, to the Property); (2) Buyer's mortgage lender, (even in "ail cash" transactions) or the closing attorney is delayed and cannot fultill their respective obligations by the date of closing, provided that the delay is not caused by Buyer; or (3) Buyer has not received required estimates or disclosures and Buyer is prohibited from closing under federal regulations. The party unilaterally extending the closing date shall state the basis for the delay in the notice of extension. If the right to unilaterally extend the closing date is exercised once by either the Buyer or Seller, the right shall thereafter terminate. b. Keys and Openers, At closing, Seller shall provide Buyer with all keys, door openers, codes and othersimilar equipment pertaining to the Property. Holder of Earnest Money. The earnest money shall be deposited into Holder's escrow/trust account (with Holder being permitted to retain the interest it the account is interest bearing) not later than: (a) five (5) banking days after the Binding Agreement Date hereunder or (b) five (5) banking days after the date it is actually received if it is received after the Binding Agreement Date, If Buyer writes a check for earnest money and the same is deposited into Holder's escrow/trust account, Holder shall not return the earnest money untilthe check has cleared the account on which the check was written. In the event any earnest money check is dishonored by the bank upon which it is drawn, or earnest money is not timely paid, Holder shall promptly give notice of the same to Buyer and Seller, Buyer shall have three (3) banking days from the date of receiving the notice to cure the default and if Buyer does not do so, Seller may within seven (7) days thereafter terminate this Agreement upon notice to Buyer. If Seller fails to terminate the Agreement timely, Seller's right to terminate based on the default shall be waived. 6. Closing AtIomey/Law Firm. Buyer shall have the right to select the closing attorney to close this transaction, *d hereby selects the closing attorney referenced herein. If Buyer's mortgage lender refuses to allow that dosing attorney to close this transaction, Buyer shall select a different closing attorney acceptable to the mortgage lender. The closing attorney shall represent the mortgage lender in any transaction in which the Buyer obtains mortgage financing (including transactions where the method of payment referenced herein is "all cash'). In transactions where the Buyer does not obtain mortgage financing, the closing attorney shall represent the Buyer. THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED N REAL ESTATE TRANSACTIONS N WHICH setts Lou Futrell IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED To THE GEORGIA ASSOCIATION OF REALTORSA AT (770) 451-1631. CopyrlghM 2017 by Georgia Association of REALTORS®, Inc_ F27, Lot Purchase and Sale Agreement, Pape 2 Of 6, 05101117 ^^" -'r^ ... —y'—,W 1.— ruienn mnn —, rras , nncnigan 4uul A20L4Qijg9 Y &M 9 SPrecewoad for Return and Disbursement of Earnest Money. a. Entitlement to Eamest Money: Subject to the paragraph below, Buyer shall be entitled to the earnest money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any unexpired contingency or condition to which this Agreement is subject; (3) termination of this Agreement due to the default of Seller; or (4) termination of this Agreement In accordance with a specific right to terminate set forth in the Agreement. Otherwise, the earnest money shall be applied towards the purchase price of the Property at closing or if other funds are used to pay the purchase price then the earnest money shall be returned to Buyer. b. Disbursement of Earnest Money: Holder shall disburse the earnest money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the earnest money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute overthe formation or enforceability of the Agreement). In addition, Holder may disburse the earnest money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the earnest money as originally proposed, Holder may do so and send notice to the parties of Holder's action. if Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale forthe modification and to whom the disbursement will now be made. Holder shall offer to disburse the earnest money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer's default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. If Seller accepts the offer and Holder issues a check to Seller which is deposited by Seller, it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre -estimate of Seller's actual damages, which damages are difficult to ascertain and are not a penalty. Nothing herein shall prevent the Seller from declining the tender of the earnest money by the Holder, In such event, Holder, after giving Buyer and Seller the required ten (10) day notice of the proposed disbursement, shall disburse the earnest money to Buyer. c. Interpleader: If an earnest money dispute cannot be resolved after a reasonable time, Holder may interplead the earnest money into a court of competent jurisdiction if Holder is unsure who is entitled to the earnest money. Holder shall be reimbursed for and may deduct its costs, expenses and reasonable attorney's fees from any funds interpleaded. The prevailing defendant in the interpleader lawsuit shall be entitled to collect its attorney's fees, court costs and the amount deducted by Holder to cover Holder's costs and expenses from the non -prevailing defendant. d. Hold Harmless: All parties hereby covenant and agree to: (1) indemnify and hold Holder harmless from and against all claims, injuries, suits and damages arising out of the performance by Holder of its duties; (2) not to sue Holder for any decision of Holder to disburse earnest money in accordance with this Agreement. Inspection and Due Diligence. a. Right to Inspect Property: Upon prior notice to Seller, Buyer and/or Buyer's representatives shall have the right to enter Property at Buyer's expense and at reasonable times (including immediately prior to closing) to inspect, examine, test, appraise and survey Property. Such evaluations may include, without limitation, a study of any applicable building setback requirements, a percolation test to determine whether and how large a septic system can be installed on the Property, the existence of streams from which buildings must be further setback, the availability of utilities and the testing of well water. Buyer agrees to hold Seller and all Brokers harmless from all claims, injuries, and damages arising out of or relating to the exercise of these rights and shall promptly restore any portion of the Property damaged or disturbed from testing or other evaluations to a condition equal to or better than the condition it was in prior to such testing or evaluation. It Buyer is concerned that the Property may have been used as a laboratory for the production of methamphetamine, or as a dumpsite for the same, Buyer should review the National Clandestine laboratory Register — Georgia at www.dea.gov. b. Duty to Inspect Neighborhood: In every neighborhood there are conditions which different buyers may find objectionable. Buyer shall have the sole duty to become familiar with neighborhood conditions that could affect the Property such as landfills, quarries, power lines, airports, cemeteries, prisons, stadiums, odor and noise producing activities, crime and school, land use, government and transportation maps and plans. H Buyer is concerned about the possibility of a registered sex offender residing In a neighborhood in which Buyer is interested, Buyer should review the Georgia Violent Sex Offender Registry available on the Georgia Bureau of investigation Website at www.gbi.georgia.gov. c. Warranties Transfer: Seller agrees to transfer to Buyer, at closing, subject to Buyer's acceptance thereof (and at Buyer's expense, if there is any cost associated with said transfer), Seller's interest in any existing manufacturer's warranties, service contracts, termite treatment and/or repair guarantee and/or other similar warranties which, by their terms, may be transferable to Buyer. d. Property Sold "As -Is" Unless this Agreement Is Subject to Due Diligence Period: (1) General: Unless the Property is being sold subject to a Due Diligence Period referenced herein, the Property shall be sold "as -is" with ail faults. Even if the Property is sold "as -is" Seller is required under Georgia law to disclose to the Buyer latent or hidden defects in the Property which Seller is aware and which could not have been discovered by the Buyer upon a reasonable inspection of the property. The inclusion of a Due Diligence Period herein shalt: (a) during its term make this Agreement an option contract in which Buyer may decide to proceed or not proceed with the purchase of the Property for any of no reason; and (b) be an acknowledgement by Seller that Buyer has paid separate valuable consideration of $10 for the granting of the option. (2) Purpose of Due Diligence Period: During the Due Diligence Period, Buyer shall determine whether or not to exercise Buyer's option to proceed or not proceed with the purchase of the Property. If Buyer has concerns with the Property, Buyer may during the Due Diligence Period seek to negotiate an amendment to this Agreement to address such concems. THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH Batty r.oU Futrell IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHOR12ED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS® AT ") 4514 83 1. 2017 by Georgia Association of REALTORSO, Inc. F27, Lot Purchase and Sale Agreemern, Page 3 of 8, 05!01!17 t rOCI 90 WW" ZIPr-0 * 0 by ZIPLaga i nutu rmeen rune Ho". rra , micnigan auu% w, v�vstu-aoix.com (3) Notice of Decision Not To Proceed: Buyer shall have elected to exercise Buyer's option to purchase the Property unless prior to the end of any Due Diligence Period, Buyer notifies Seiler of Buyer's decision not to proceed by delivering to Seller a notice of termination of this Agreement. In the event Buyer does not terminate this Agreement prior to the end of the Due Diligence Period, then: (a) Buyer shall have accepted the Property "as -is" subject to the terms of this Agreement; and (b) Buyer shall no longer have any right to terminate this Agreement based upon the Due Diligence Period. Repairs: All agreed upon repairs and replacements shall be performed in a good and workmanlike manner prior to closing. Agency and Brokerage. a. Agency Disclosure: In this Agreement, the term 'Broker" shall mean a licensed Georgia real estate broker or brokerage firm and its affiliated licensees unless the context would indicate otherwise. No Broker in this transaction shall owe any duty to Buyer or Seiler greater than what is set forth in their brokerage engagements and the Brokerage Relationships in Real Estate Transactions Act, O.C.G.A. § 10-6A-1 et. seq.; (1) No Agency Relationship: Buyer and Seller acknowledge that, if they are not represented by Brokers in a client relationship, they are each solely responsible for protecting their own interests, and that Broker's role Is limited to performing ministerial aatsiorthat party. (2) Consent to Dual Agency: h Broker is acting as dual agent in this transaction, Buyer and Seller consent to the same and acknowledge having been advised of the following: i. Dual Agency Disclosure: (Applicable only if Broker is acting as a dual agent in this transaction.] (a) As a dual agent, Broker is representing two clients whose interests are or at times could be different or even adverse; (b) Broker will disclose all adverse material facts relevant to the transaction and actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions from each client which is not otherwise required to be disclosed by law; (c) Buyer and Seller do not have to consent to dual agency and the consent of Buyer and Seller to dual agency has been given voluntarily and the parties have read and understand their brokerage engagement agreements. (d) Notwithstanding any provision to the contrary contained herein Buyer and Seller each herebydirect Broker while acting as a dual agent to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position. Il. Designated Agency Disclosure: It Broker in this transaction is acting as a designated agent, Buyer and Seller consent to the same and acknowledge that each designated agent shall exclusively represent the party to whom each has been assigned as a client and shall not represent in this transaction the client assigned to the other designated agent. b. Brokerage: Seller has agreed to pay Listing Broker(s) a commission pursuant to a separate brokerage engagement agreement entered into between the parties and incorporaled herein by reference ("Listing Agreement"). The Listing Broker has agreed to share that commission with the Selling Broker. The closing attorney is hereby authorized and directed to pay the Broker(s) at closing, their respective portions of the commissions out of the proceeds of the sale. If the sale proceeds are Insufficient to paythefull comrlission, the party owing the commission shall pay any shortfall at closing. The acceptance by the Broker(s) of a partial real estate commission at the closing shall not relieve the party owing the same from paying the remainder after the closing (unless the Broker(s) have expressly and in writing agreed to accept the amount paid in full satisfaction of the Broker(s) claim to a commission). The Brokers herein are signing this Agreement to reflect their role in this transaction and consent to act as Holder if either of them is named as such. This Agreement and any amendment thereto shall be enforceable even without the signature of any Broker referenced herein. c. Disclaimer: Buyer and Seller have not relied upon any advice or representations of Brokers other than what is included in this Agreement. Brokers shall have no duty to advise Buyer and Seller on any matter relating to the Property which could have been revealed through a survey, title search, Official Georgia Wood Infestation Report, inspection by a professional home inspector or construction expert, utility bill review, an appraisal, inspection by an environmental engineering inspector, consulting governmental officials or a review of this Agreement and transaction by an attorney, financial planner, mortgage consultant ortaxplanner. Buyerand Seller should seek independent expert advice regarding any matter of concern to them relative to the Property and this Agreement. If Broker has written any special stipulations herein, the party for whom such special stipulations were written: a) confirms that each such stipulation reflects the party's complete understanding as to the substance and form of the special stipulations; b) hereby adopts each special stipulation as the original work of the party; and c) hereby agrees to indemnify and hold Broker who prepared the stipulation harmless from any and all claims, causes of action, suits, and damages arising out of or relating to such special stipulation. 10. Time Limit of Offer. The Time Limit of the Offer shall be the date and time referenced herein when the Offer expires unless prior to that date and time both of the following have occurred: (a) the Offer has been accepted by the party to whom the Offer was made; and (b) notice of acceptance of the Offer has been delivered to the party who made the Offer. C. OTHER TERMS AND CONDITIONS Notices. a. Generally: Ail notices given hereunder shall be in writing, legible and signed by the party giving the notice. In Jhe event of a dispute regarding notice, the burden shall be on the party giving notice to prove delivery. The requirements of this notice paragraph shall apply even prior to this Agreement becoming binding. Notices shall only be delivered: (1) in person; (2) by courier, overnight delivery service or by certified or registered U.S. mail (hereinafter collectively "Delivery Service"); or (3) by e-mail or facsimile. The person delivering or sending the written notice signed by a party may be someone other than that party. rHI S FORM IS COPYRIGHTED AND MAY ONLY BE USED N REAL ESTATE TRANSACTIONS IN WHiCH Betty Lon Futrell IS INVOLVED AS A REAL ESTATE .10ENSEE. UNAUTHORM USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE 3EORGiA ASSOCIATION OF REALTORS® AT (7701451-1831. ;opydght® 2017 by Georgia Association of REALTORSA, Inc. F27, Lot Purchase and Sok Agreernerrt, Page 4 of 8, 05!01117 Produced with npFwm0 by ApLogix 16070 Fifteen Mile Fuad, Raser, Michigan 49026 www o ix..g0 %Jr : n„ d la b. Delivery of Notice. A notice to a party shall be deemed to have been delivered and received upon the earliest of the following to occur: (1) the actual receipt of the written notice by a parry; (2) in the case of delivery by a Delivery Service, when the written notice is delivered to an address of a party set forth herein (or subsequently provided by the party following the notice provisions herein), provided that a record of the delivery is created; (3) in the case of delivery electronically, on the date and time the written notice is electronically sent to an e-mail address or facsimile number of a parry herein (or subsequently provided by the party following the notice provisions herein). Notice to a party shall not be effective unless the written notice is sent to an address, facsimile number or e- mail address of the party set forth herein (or subsequently provided by the party following the notice provisions herein). c. When Broker Authorized to Accept Notice for Client: Except where the Broker is acting in a dual agency capacity, the Broker and any affiliated licensee of the Broker representing a party in a client relationship shall be authorized agents of the party and notice to any of them shall for all purposes herein be deemed to be notice to the parry. Notice to an authorized agent shall not be effective unless the written notice is sent to an address, facsimile number or e-mail address of the authorized agent set forth herein (or subsequently provided by the authorized agent following the notice provisions herein). Except as provided for herein, the Broker's staff at a physical address set forth herein of the Braker or the Broker's affiliated licensees are authorized to receive notices delivered by a Delivery Service. The Broker, the Broker's staff and the affiliated licensees of the Broker shall not be authorized to receive notice on behalf of a party in any transaction in which a brokerage engagement has not been entered into with the party or in which the Broker is acting in a dual agency capacity. In the event the Broker is practicing designated agency, only the designated agent of a client shall be an authorized agent of the client for the purposes of receiving notice. Default a. Rights of Buyer or Seller: A party defaulting under this Agreement shall be liable for the default. The non -defaulting party may pursue any lawful remedy against the defaulting party. b. Rights of Broker: in the event a party defaults under this Agreement, the defaulting party shall pay as liquidated damages to every broker involved in this transaction with whom the defaulting party does not have a brokerage engagement agreement an amount equal to the share of the commission the broker would have received had the transaction closed, For purposes of determining the amount of liquidated damages to be paid by the defaulting party, the written offer(s) of compensation to such broker and/or other written agreements establishing such broker's commission are incorporated herein by reference. The liquidated damages referenced above are a reasonable pre -estimate of the Broker(s) actual damages and are not a penalty, In the event a Broker referenced herein either has a brokerage engagement agreement or other written agreement for the payment of a real estate commission with a defaulting party, the Broker shall only have such remedies against the defaulting party as are provided for in such agreement. c. Attorney's Fees: In any litigation or arbitration arising out of this Agreement, including but not limited to breach of contract claims between Buyer and Seller and commission claims brought by a broker, the non -prevailing party shall be liable to the prevailing parry for its reasonable attorney's fees and expenses. 3. Risk of Damage to ProRgrty. Seller warrants that at the time of closing the Property and all items remaining with the Property, if any, will be in substantially the same condition (including conditions disclosed in the Seller's Property Disclosure Statement) as on the Binding Agreement Date, except for changes made to the condition of Property pursuant to the written agreement of Buyer and Seller. seller shall deliver Property clean and free of trash and debris at time of possession. Notwithstanding the above, if the Property is destroyed or substantially damaged prior to closing. Seller shall promptly give notice to Buyer of the same and provide Buyer with whatever information Seller has regarding the availability of insurance and the disposition of any insurance claim. Buyer or Seiler may terminate this Agreement without penalty not later than fourteen (14) days from receipt of the above notice. If Buyer or Seller do not terminale this Agreement, Seller shall assign at dosing all of its rights to receive the proceeds from all insurance policies affording coverage for the claim, if the insurance proceeds are paid prior to Closing, the amount of such proceeds shall be credited against the purchase price of the Property. 4. Other Provisions. a. Entire Agreement, Modification and Assignment: This Agreement constitutes the sole and entire agreement between all of the parties, supersedes all of their prior written and verbal agreements and shall be binding upon the parties and their successors, heirs and permitted assigns. No representation, promise or inducement not included in this Agreement shall be binding upon any party hereto. This Agreement may not be amended or waived except upon the written agreement of Buyer and Seller, This Agreement may not be assigned by Buyer except with the written approval of Seller which may be withheld far any or no reason. Any assignee shall fulfill all the terms and conditions of this Agreement. b. Survival of Agreement: The following shall survive the closing of this Agreement: (1) the obligation of a party to pay a real estate commission; (2) any warranty of title; (3) all representations of Seller regarding the Property; (4) the section on condemnation; and (5) any obligations which the parties herein agree shall survive the closing or may be performed or fulfilled after the closing. c. Governing Law and Interpretation: This Agreement may be signed in multiple counterparts each of which shall be deemed to be an original and shall be interpreted in accordance with the laws of Georgia. No provision herein, by virtue of the party who drafted it, shall be interpreted less favorably against one party than another. All references to time shall mean the time in Georgia. If any provision herein is to be unenforceable, it shall be severed from this Agreement while the remainder of the Agreement shall, to the fullest extent permitted by law, continue to have full force and effect as a binding contract. d. Time of Essence: Time is of the essence of this Agreement. e. Terminology: As the context may require in this Agreement: (1) the singular shall mean the plural and vice versa; and (2) all pronouns shall mean and include the person, entity, firm, or corporation to which they relate. The letters "N.A.' or "NIA", if used in this Agreement, shall mean "Not Applicable", except where the context would indicate otherwise. THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED N REAL ESTATE TRANSACTIONS IN WHICH B-tty Lou lrutreil 15 INVOLVED As A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTKM BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED To THE GEORGIA ASSOCIATION OF REALTORSO AT (770) 451-1831. Copyrlghtt 2017 by Georgia Association of REALTORS®, Inc, F27, Lot Purchase and Sale Agreement, Page 5 of 8, 0W01117 •._ a" ' """^� 94R1r58C1S -(MUCMl d k R 1. oInun28 wgreoemenr, uale: i rte olnorng Agreement nate snail W the pate when a party to this transaction who has accepted an offe or counteroffer to buy or sell real property delivers notice of that acceptance to the party who made the offer or counteroffer it accordance with the Notices section the Agreement. Notice of the Binding Agreement Date may be delivered by either party (or th Broker worsting with or representing such party) to the other party. If notice of accurate Binding Agreement Date is delivered, the part receiving notice shall sign the same and immediately return it to the other party. g. Duty to Cooperate: All parties agree to do all things reasonably necessary to timely and in good faith fulfill the terms of thk Agreement. Buyer and Seller shall execute and deliver such certifications, affidavits, and statements required by law or reasonabl, requested by the closing attorney, mortgage lender and/or the title insurance company to meet their respective requirements. h. Electronic Signatures: For all purposes herein, an electronic or facsimile signature shall be deemed the same as an origina signature; provided, however, that all parties agree to promptly re-execute a conformed copy of this Agreement with origina' signatures if requested to do so by, the buyer's mortgage lender or the other party. i. Extension of Deadlines: No time deadline under this Agreement shall be extended by virtue of it falling on a Saturday, Sunday ar federal holiday except for the date of closing. j. GAR Forms: The Georgia Association of REALTORS®, Inc. ("GAR") issues certain standard real estate forms. These GARfon'nsare frequently provided to the parties in real estate transactions. No party is required to use any GAR form. Since these forms are generic and written with the interests of multiple parties in mind, they may need to be modified to meet the specific needs of the parties using them. ff any party has any questions about his or her rights and obligations under any GAR form he or she should consult an attorney. The parties hereto agree that the GAR forms may only be used in accordance with the licensing agreement of GAR. While GAR forms may be modified by the parties, no GAR form may be reproduced with sections removed, atfered or modified unless the changes are visible on the form itself or in a stipulation, addendum, exhibit or amendment thereto. k. No Authority to Bind: No Broker or affiliated licensee of Broker, by virtue of this status, shall have any authority to bind any parry hereto. However, If authorized in this Agreement, Broker shall have the right to accept notice on behalf of a party. j. Condemnation: Seller shall: (1) immediately notify Buyer if the Property becomes subject to a condemnation proceeding; and (2) provide Buyer with the details of the same. Upon receipt of such notice, Buyer shall have the right, but not the obligation for 7 days thereafter, to terminate this Agreement upon notice to Seller in which event Buyer shall be entitled to a refund of all earnest money and other monies paid by Buyer toward the Property without deduction or penalty. If Buyer does not terminate the Agreement within this time frame, Buyer agrees to accept the Property less any portion taken by the condemnation and if Buyer closes, Buyer shall be entitled to receive any condemnation award or negotiated payment for all or a portion of the Property transferred or conveyed in lieu of condemnation. Exhibits and Addenda. All exhibits and/or addenda attached hereto, listed below, or referenced herein are made a part of this Agreement. If any such exhibit or addendum conflicts with any preceding paragraph (including any changes thereto made by the parties), said exhibit or addendum shall control: ❑ All Cash Exhibit as Exhibit ❑ Back-up Agreement Contingency as Exhibit ❑ Community Association Disclosure as Exhibit " ❑ Conventional Loan Contingency Exhibit as Exhibit ❑ FHA Loan Contingency Exhibit as Exhibit " " ❑ Legal Description of the Property as Exhibit ❑ Loan Assumption Exhibit ' " Q Sale or tease of Buyer's Property Contingency as Exhibit " A " ❑ Seller's Property Disclosure Statement as Exhibit ❑ Survey of Property as Exhibit " ❑ USDA -RD Loan Contingency Exhibit as Exhibit' " ❑ VA Loan Contingency Exhibit as Exhibit " ❑ Other ❑ Other ❑ Other ❑ Other ❑ Other il5 FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH Betty Lou Putr.11 IS INVOLVED AS A REAL ESTATE CENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE EORGIA ASSOCIATION OF REALTORS6 AT (770) 4514831. Produced with zipFormg by zQLoght 16070 flew Mite Road, Fraser. Michigan 48026 www +iol.oaix om SP-wwo d la SPECIAL STIPUiLATICINS: The follawing Special Stipulations, if conflicting with any exhibit, addendum, or preceding paragraph (including any changes thereto made by the parties), shall control: 1. This sale is contingent upon approval of variance by City of Tybee Island on January 25, 2018. If approval is not given, this contract will be null and void and Buyer will get Earnest Money returned within two weeks of notice to terminate. Additional Special Stipulations ❑ are or ❑x are not attached. THIS FORM IS COPYRIGHTED ANO MAY ONLY BE USED N REAL ESTATE TRANSACTIONS IN WHICH Betty Lott Hutrmll IS INVOLVED AS A REAL ESTATE LICENSEE UNAUTHORIZED USE OF THE FORM MAY RESULT N LEGAL SANCTA BEING BROUGHT AGAINST THE USER ANO SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS@ AT (TTO) 451-1831- Copyrlgftr 2017 by Georgia Association of REALTORS% Inc. F27, Lot Purchase and Sok Agreement, Pape 7 of 8, 05!01,17 rroouceow zlptWTfld ny zipLogrA 1UUM hRr MW Mack Fraser, Michigan 48n?B Sp[ucewond lot Buyer Acceotapand Contact Information 1 1 e Mack Kitchens, ECP _ Print or Type Name Date Buyer's Address for Receiving Notice (912)484-7866 Buyer's Phone Number: ® Cell ❑ Home ❑ Work macatack30@cmail.com Buyer's E-mail Address 2 Buyer's Signature Print or Type Name Date Buyer's Address for Receiving Notice Buyer's Phone Number: ❑ Celt ❑ Home ❑ Work Buyer's E-mail Address Additional Signature Page ❑ is ❑% Is not attached. Selling Broker/Affiliated Licensee Contact Information: C-21 Solomon Properties Sell' Brokerage m t- Broker/Affiltell d Licensee Signature Date Betty Lou 180023 Print or Type Name GA Real Estate License # (912)484-0332 Licensee's Phone Number Fax Number Bettylouaellatybee@amail.com Licensee's E-mail Address Savannah Area Board REALTOR0 Membership 802 tat St PO Box 1440 Broker's Address Tybee Island, GA 31326 (912)786-5466 (912)786-5459 Broker's Phone Number Fax Number 354 H-15041 MLS Office Code Brokerage Firm License Number Seller Acceptance and Contact Information 07 Fr ,,, !j. V/1,7 o9f 22 ANI EST I Seller's Signature Frances B. Wiley Print or Type Name Date Seller's Address for Receiving Notice (770)355-5140 Seller's Phone Number: ® Cell ❑ Home ❑ Work _ someraetfarm@bellsouth.net Seller's E-mail Address 11108!2017 / 10'.32 AM EST 2 SbllliWs Sighature Nancy B. Hughes Print or Type Name Date Seller's Address for Receiving Notice Seller's Phone Number_ p Cell ❑ Home Cl Wvrk nancyhughes77@gmail.com Seller's E-mail Address Additional Signature Page ❑ is [E 1s not attached. Listin�BrokeriAffiliated Licensee Contact Information_ Listing Broker Firm 11/0812017 Getty Lona Tutrerf 01:13 PM EST Broker/Affiliated Licensee Signature bate Betty I.ou Futrell 180023 Print or Type Name GA Real Estate License # (912)484-0332 Licensee's Phone Number Fax Number bettylouselletybee@gmail.com Licensee's E-mail Address Savannah Area Board REALTOR® Membership 802 1st St. PO Box 1440 Broker's Address Tybee Island, GA 31328 (912)786-5466 (912)786-5459 Broker's Phone Number Fax Number 354 H-15041 MLS Office Code Brokerage Firm License Number Bindina Agreement Date: The Binding Agreement Date in this transaction is the date of and has been filled in by THIS FORM is COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH Betty Lou Futrell IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORSO AT {TTG) 451-1831. copyright® 2017 by Georgia Aasoelation of REALTORS6 Inc. F27, Lot Purchase and Sale Agreement, Page a of a, 05101117 Produced with zipFonrM try zipLogix 1a070 Fift n Mile Road, Fraser, Michigan 48026 vww.11pLgWx.com Sprucewood lot SALE OR LEASE OF BUYER'S �. PROPERTY CONTINGENCY SOEOMON PROPERTIES EXHIBIT " A R MITOOW 2017 Printing This Exhibit is part of the Agreement with an Offer pate of November 7, 2017 for the purchase and sale of that certain Property known as: 0 Sprucemood Ave I Tybee islancf, Georgia 31328 A. Buyer warrants that Buyer owns the real property located at _ 146 S Campbell Tybee island (City), GA (State) 31328 (Zip Code) ("Other Property") and has taken or is taking the following actions to sell and/or lease the Other Property: Listed MLS# 182003 list price $699,000 with Century 21 Solomon Properties. B. This Agreement is contingent upon the occurrence of the following on or before January 15r 2018 ("Contingency Period"). [Select 1. and/or 2. Any section not selected shall not be —apart of this Agrea►rlent_.] ® 1. Buyer closing on the sale of the Other Property; ❑ 2. Buyer entering into a lease of the Other Property with a lease term of at least C, Buyer agrees to use Buyer's best efforts to fulfill the contingency or contingencies referenced above prior to the expiration of the Contingency Period. In the event that the Contingency Period ends without any contingency referenced above being fulfilled, this Agreement shall terminate- The contingency or contingencies referenced above may be waived by Buyer upon notice to Seller provided that such notice is given prior to the end of the Contingency Period. Kick -Out Provision, [This section shall only be a part of this Agreement if it has been selected by initialing the box on the side of this section. N the box has not been initiated, it shall not be a pan' of this Agreement.] Seller shalt have the right to continue to offer Property for sale. In the event that Seller receives an acceptable offer to purchase the Property, Seller shall give Buyer notice of the same. Buyer shall then have 48 hours after receipt of the notice to deliver to Seller an Amendment to this Agreement signed by Buyer in which Buyer agrees to remove all contingencies in favor of Buyer, any Cue Diligence Period in the Agreement and deposit with Holder additional earnest money of $ 1,000.00 . In the event Buyer does not deliver within the time period stated above: (t) the signed Amendment to Seller and (2) the additional earnest money (if any referenced above) to Holder, then this Agreement shall terminate and Buyer shall be entitled to a refund of Buyer's earnest money. In the event that Buyer delivers the Amendment referenced above to Seller and the additional earnest money (if any referenced above) to Holder within the time period stated above, Seller shall execute the Amendment and return a copy of the same to Buyer. z Buyer's tnitia�. Seller's Initials: THIS FORM M COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH Betty Lou Futrell IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGANSTTHE USER AND SHOULD BE REPORTEDTO THE GEORGIA ASSOCIATION OF REALTORse AT rno) 451-1831. 2017 by Georgia Associallon of REALTORS®, Inc. FSQ, Sale or Lease of Buyees Property Contingency Exhibit, 01!01177 Bary Lew Fuue6 Produced With zipFomD by ziplogix 18076 Fite Mile Road, Fraser, Michigan 1&326 ,g(jK,c.Qm JpNt -ud Id Kith_ LrAuerty 11&,5 Campbell Tybee Island. GA 31328 Active LP: $699,000 MLS#: 182003SubType: STKB Desc: FULLSIZE PIN#: 4-0016-02-005 County: Chatham County Lgl Sub: Hammond Course P Phs/Sec: Lgl Des: PT OF LT 18 HORSE PEN HAMMOCK TYREE i C Adv Sub: Lot #: 18 CCR: Assc Fee: FD Dues: Trash: Trash Fee: Commun: High; Middle: Elem: Lot Size: Lot Dim: Flood Ins: Yes Lot Desc: WOODED Road Surf: ASPHLT Lot View: CREEK, MARSH, TDLCRK, WOODS Course/HI: Waterfront: Yes/MARSH,TDLCRK Waterway: Ree Facil: Directions: Hwy 80 East to Tybee Island. Turn right on S. Campbell (at first stop light). Home is about 1/4 of mile down the road Lat: 32.010830 Long: -80.851334 Jimprovements BR:3 B:3 FB:2 H6:1 YB;2004 SF/Source:2,298/ASSR StXIe:TRADITN _ j Public Rem: Builder's own home located in a beautifully wooded setting on marsh and tidal creek. Tons of curb appeal and the views are superb! Many custom features Including dramatic curving staircase to elegant upstairs master suite, mahogany wood floors, solid surface countertops, top of the line cabinetry and many special touches. Homes like this don't come on the market very often, so make an appointment to see it today! New Cont: Constr: CONCSD Structure: Interior: CEILVALT, CEIL9PLUS, REARSTR Floors: Mst Bd Desc: MSTRSTE, MSTRUP FP#: 1 FP Type: WOODBRN Mst Bth Feat: GDNTUS, SEPSHWR, TUB FP Loc: GREATRM Kitch/Break: BRKAREA, ISLAND, PANTRY Inclusions: CEILFAN, DRYER, REFRIG, WASHER Appliances: DISHWSH, DISPOSL, DRYR, ELEC, FP, MICROWV, RNGOV, REFRIG, ADA Feat: WASH Bldg Stor: 3.0 Unit Stor: Unit Flr: Pnthse Laundry: DRYRCON, LAUNRM, WSHRCON Roof: METAL Fndt: OFFGRD Parking: DRVUNDR Attic: PULLDN 8smnt: NONE # Gar: 3 # Carport: # Prk Pad: 4 # Assgnd: Exterior-Hse: DECK+SCRNPCH Exterior -Lot: Undergr Util: No Water: PUBWATR Sewer: PUBSWR # Cool Unit: 1 CoolSrc: ELEC Coorryp; CENTRAL # Heat Unit: 1 Heat5rc: ELEC HeatTyp: CENTRAL JSh0Wi,pg Data CLB: No Show Instr: Owner Occupied, Pet-MUBt Call Office, See Agent Remarks Agt Rmrks: 24 hours notice required for showing. Call office or listing agent for appointment. Seller: Homeowner/Owner Tenant Occ: No Term Ends: Lease Info: PosAi At Closing Rent Info: Closing Cost: Home Wrnt: May Sell: 1031, Cash, Conventional Buyer Agncy: Yes/2.4 No Agncy: Yes/2.4 SubAgncy: No Var Rate: No Stat Chg Date: 11/01/2017 List $kr: Centur 21 Solomon Properties (3541 Phone: 912-786-5466 Fax: 912-786-5459 Bkr Lic #: H-15041 Ofc URL: List Agt: Joseph Shields (SHIELDJOI Phone: 912-631-0616 Other Phn: Agt Lic#: 219267 AgtEmail: igsephshieldsS10)_maid. -om Ca-Agt: Li Phone: Other Phn: Sell Bkr. j] Phone: Sell Agt: i] Co -Sell Agt: O 2017 Savannah Multi -list Corporation Information is Subject to Verification and Not Guaranteed List Date: 11/01/2017 Exp Date: 05/01/2018 Stat Chg Date: 11/01/2017 $ Chg Date: Orig Price: $699,000 List Price: $699,000 Lp/SgFt: $304.18 ADOM: 6 COOM: 6 Cont Date: Sold Date: Sale Price: SP/SgFt: SP/LP%: Terms: Safe Type: R Chatham County Board of Assessors: 2017 Property Record Card 4-... http://boa.chathamcounty.org/DesktopModules/ChathamCounty/Boar... 2017 Chatham County Board of Assessors Property Record Card APPRAISER KDLONG I LOT 10 BLOCK 23 FORT SCREVEN WARD TYBEE ISLAND LAST INSP 04!2812016 SAVANNAH BEA CH APPR 000008 SALES BOOK/ INS VI QU RSN PRICE PAGE 21 May 537 395 WD V Q 102,000 2015 GRANTOR: MACK JAMES BUILDERS LLC GRANTEE:WILEY & HUGHES FRANCES B & NANCY B * 28 Sep 381 E 200 WD V Q 62,500 2012 GRANTOR:ANDERSONADELLA THERESA GRANTEE. -MACK JAMES BUILDERS LLC PERMITS TYPE DATE AMOUNT 120671 27 Dec Comp 1,000 2013 COMMENTS: 25 Jun 2013 ADD CHG REQ PER RTN MAIL 05 Nov 2003 ADD CNG PER PO CARD + 1115103 J LAND - ID# USE DESC 108340 RESIDENTIAL V L JQ kobr).54i-N div 4-0002-08-005 RRUC€IN89B►VE TYBEE ISLAND WILEY & HUGHES FRANCES B & CAMA ASMT NANCY B* 69,000 69,000 LAND 1 4592 N BROWNING BRIDGE RD GAINESVILLE GA 30506 BLDG 0 OBXF 0 69,000 69,000 Cost - MS r �y SA GI G CODES IMPR TOTAL PROPERTY 0006 RESIDENTIAL USE 69,000 UTA 0004 Tybee Island NBHD 020270.00 T270 TYBEE Cama SCREVEN EXEMPTIONS 66,200 HISTORY LAND IMPR TOTAL 2016 69,000 69,000 Cama 2015 66,200 66,200 Cama 2014 66,200 66,200 Cama 2013 62,500 62,500 TRAN 2012 74,600 74,600 Cama 2011 98,100 98,100 Cama 2010 139,000 139,000 MAV 2009 139,000 139,000 Over 2008 139,000 139,000 Cama 2007 139,000 139,000 Cama 2006 137,000 137,000 Cama 2005 90,000 90,x00 Cama 2004 73,000 73,00(1 Cama 2003 52,500 52,500 Cama 2002 32,500 32,500 Over 2001 32,500 32,500 Over 2000 32,500 A1C 1999 18,550 18,550 Over 1998 18,550 18,550 Over 1997 18,550 AIC 1996 12,000 12,000 Cama 1995 12,000 12,000 Cama 1994 12,000 12,000 Over 1993 12,000 12,000 Over 1992 12,000 12,000 Over FRONT DEPTH UNITS/TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 0 0 1.00 -LT 125400.00 R1 _- -_ SZ -45 69000 J 2)f 1 11/28/2017.4`31 purr 1U ;4P7 1!4f A�- j po poor. A�- j J PLANNING COMMISSION MINUTES 11/13/2012 y Zoning Variances — new single-family dwelling —14 Robinson Ave. Ms. Otto —This request is at 14 Robinson Avenue. That is a vacant lot that was recently assigned to that address; it did not have a street address prior to this. There appears to have been a building on this location many, many years ago and there is a foundation remaining from that old building. The applicant is requesting to build on that existing foundation and have those setbacks be approved through a setback variance tonight. There are unopened rights-of-way on two of the sides and a right-of-way that is open on the front side. There is one property line on the north side that does abut somebody else's lot otherwise it is surrounded by rights-of-way. In your packet is the proposed footprint of what the new single family home would have if approved. The applicant is here tonight and I am also available if you have any questions. Mr. Parks — Do I have questions for staff at this time? [There were none.] If I understand right this does qualify as a substandard lot. Ms. Otto — Yes, it's very small. Minimum lot size in the R-1 zone is 12,000 square feet; this particular lot has 3,457 square feet so it is much smaller than the required lot size in R-1. Mr. Bishop — When I went to do a site view and trekked through those massive vines and trees, there is the manhole or whatever that is [referring to picture on the screen]. If I understand correctly, they are going to build on the old building foundation. Ms. Otto - Yes, I had that discussion with the owner and would encourage him to answer that question directly. Mr. Parks — Other questions for staff? Is there anybody here to represent the applicant? Gary Sanders came forward and introduced himself. I'm the architect for the project. As Dianne mentioned, it is a substandard lot of record and the foundation is apparently from Fort Screven so it is a historical fort foundation. The first slide that was up [referring to PowerPoint], that was a survey where the surveyor had actually measured the slab and that is where the setbacks are involved. In R-1 zone it is 20 on the front, 20 on the back, and 10 on either side. In that orientation, there is only thirteen feet of buildable area in the longitudal dimension. We could build the slab to code exactly on top of it and reinforcing anywhere it may need to be reinforced. We are hoping, since it is a historic fort slab, it is a very sturdy slab but we will investigate that as well. The other thing that is very important is that Sprucewood is on the western side and it is unopened. Where it says twenty foot lane, that is Sprucewood Lane and it is completely unopen. The slab nearly meets R-2 setbacks in that it is 20 feet from Robinson, which would be the front, it is 10 feet from the abutting property to the north and it is 10 feet from Sprucewood Lane, but the slab is 5.5, 1 believe, from the unopened Sprucewood. Robinson ends at our lot; it doesn't continue through either. Mr. Parks —Questions for the applicant? Mr. Bishop — The old building foundation, you're still looking at the exploration? Mack Kitchens came forward and introduced himself. We haven't wanted to disturb anything until a later time when everybody could see. We got it surveyed and you can see in this shot [referring to PowerPoint} where the slab is. It has stem walls and I would imagine it is about a 6 inch slab poured in there. What I have torn out in the past, as far as construction by the Army Corps, they are usually pretty good. Mr. Parks — Other questions for the applicant? [There were none.] Mike Burnstein - I'm the adjacent property owner. The slab is from the fort. I imagine it is 28 x 44. My house was built on a similar slab. It is 48 x 24. The slab is not in very good shape actually. The perimeter wall is but I think if you look a little closer that there is some damage to the slab inside. My house sits on 16 inches but I think it was 8 inches poured on eight, That has been in disrepair for a long time. That is a working sewer that you see on the side [referring to PowerPoint]; it's called a bell. My concern is that I am the only adjacent property owner surrounded by City property on the other three sides. We're fairly closed off and I'm wondering what the use of the house will be. He says single-family but I don't want a rental house right on top of me as far as people coming in and out. It is a very small lot, I think it is 52 by 65. I've spoken with some of the neighbors over there and they are a little concerned about what we might end up with. I would ask that some of the setbacks be required. On the east and west side, if he stays on the footprint, will be about seven feet off the property line on each side. On the west side it would probably be closer to four feet because that is how far my house is off the property line. Those slabs were probably built symmetrically. I'm concerned about what is going to be going on over there. Also, will there be any decks or anything else coming off the front or back of the house that approaches my property line. I've lived over there for twenty-two years and when I built out the back, I had a nonconforming structure, I had to adhere to all existing setbacks. My neighbor, Gladys Wise, who lives on the other side of Sprucewood, she was told her lots would not be given any variances. She has a regular shaped lot. We expect that everybody be treated the same way we were treated over there. Everything had to be built off the line even though I had a nonconforming structure. When the lot was bought it was really small so I don't understand why it was bought to begin with to get that variance. I don't know if you can build on that slab; I think you're going to have to tear it out. You might build on the footprint of it but I don't think you can build on that slab. I think the slab is in bad repair so I have some serious concerns about this project. Mr. Sanders - We don't have any intention of building a rental house; we're building a house. Mr. Parks— We as a Commission cannot hold you to that. You build the house and then sell it basically what we're buying is any applicable use that can go into that house. Ms. Otto — Mr. Bernstein did not visit the office and take a look at this survey so let me read what the setbacks would be. On the west side, the existing foundation is 5.3 feet from the property line. On the north side, which is the line that abuts his property, the existing foundation is 9.9 feet and 9.5 feet on the other corner. On the east side, the existing foundation is 11.8 feet and 11.7 feet from the property line. On the south, what would be the front of the house, is 18 feet and 18.2 feet from the property line. Mr. Parks — We're missing two feet on the front. Ms. Otto — That is correct. Mr. Parks - The side facing the nearest neighbor is 9.9 feet with a required ten. Ms. Otto — No, the required would be 20 feet in R-1. Mr. Parks — And it is 9.9 feet. Ms. Otto — Correct. 9.9 feet on one corner, 9.5 feet on the other corner. The side to the right exceeds the 10 feet that is required, it is 11.7 feet and 11.8 feet. The west side should be 10 feet but it is 5.3 feet. Mr. Parks — Do we have anybody else from the public that would like to address the Commission or any other questions for staff or the applicant? [There were none.] At this time, I will close the public hearing. Can I get a motion? Mr. Bishop — ! make a motion to approve the variance as requested. Mr. Marion—Second. Mr. Parks — Those in favor of approval as presented, please signify. [McNaughton, Bishop, and Marion were in favor. Callahan and Bryan were against.) Motion carries. Ms. Otto — This will go to Council on December 13th. CITY COUNCIL MINUTES 12/13/2012 Zoning Variance. 14 Robinson Avenue; PIN 4-0002-08-005; Zone R-1; Mack Kitchens and Billy Bremer, petitioners. Ms. Otto stated that the petitioners are requesting to build a single family dwelling on the property. The Planning Commission heard this request and approved 3-2. She further stated that the property is smaller than the required 12,000 square foot but is a lot of record. On the property there is a foundation from a prior building which dates back to the Fort Screven. She further stated that the applicants are requesting to retain the Original footprint and build a single family dwelling on that footprint. She further explained this is in an R-1 there is a 20' front and back and this lot has 18' on the front and 9.5' on the rear. Also, the required side setbacks are 10' and this lot has 11.7' on one side and 5.3' on the other. Ms. Otto stated that it is important to know that three sides of the property are rights of way, two being are unopened and the other is privately owned. Mr. Wolff asked Ms. Otto if the new structure is going to be in the original footprint of the previous structure. She confirmed. Mike Burnstein approached mayor and council who is the property owner to the rear. He stated he has some concerns as the proposed residence will be close to his house. One of those concerns is the type of residence and if it will remain in the existing slab. Mayor Buelterman asked Ms, Otto if the new structure will remain in the footprint and there will not be stairs, decks, etc. extending beyond. She confirmed. Mr. Burstein stated that the existing slab is old and will the petitioner be allowed to use that or will they be required to remove the slab and put a new one in. Ms. Otto stated the petitioner is requesting that the setbacks to be based on the location of the existing foundation. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous. Mr. Marion - I have a motion to approve with a second. All those in favor please signify. [Bramble, McNaughton, Marion, and Bishop voted to approve / Borkowski was opposed]. Variance - Mack Kitchens - Lot 10 Robinson Ave. RCLVX'V .�vl,5 CgwL", - Rob Callahan recused IM �{-`� ,`-� Mc &-� L-� S /Z X1-71,3 Ms. Otto - This request is in an R-1 zone and is a vacant lot on Robinson Avenue. They had been granted a Variance that expired on December 13t". The applicant is here to renew the same request. The lot is in R-1 with the required setbacks of 20 feet front and back, and 10 feet on the sides. Within that property there is an old building foundation and the request is to maintain that foundation as the setbacks for future construction of a single-family home. The setbacks that exist are approximately 18 feet on the front rather than the 20 that is required, 9.5 feet on the rear which is the north side rather than the 20 feet required, on the east is 11.7 which exceeds the 10 feet required and the west side setback is 5.3 feet rather than the 10 feet required. This property is bounded by two unopened areas one being on the east side and the other on the west side. To the north there is an adjacent property. To the south is Robinson Avenue which is opened. Mr. Marion - This is a substandard lot of record. Ms. Otto - Yes. The minimum lot size in the R-1 zone is 12,000 square feet. This property is 3,445 square feet. Mr. Bishop - Subsequent to this Commission reviewing this in November of 2012, have there been any substantial changes? Ms. Otto - No, this is an identical request. It is simply economics. They have delayed progress on development and because the Variance has expired the applicant would like it renewed for another year. Mr. Bishop - A timing issue. Ms. Otto - Twelve months longevity on a Variance. Mr. Marion - Is there someone that would like to speak to this? Mack Kitchens came forward and introduced himself. I live at 146 South Campbell Avenue. This is my partner, Billy Bremer. Billy Bremer came forward and introduced himself. I live at 844 Wilmington Island Road. Mr. Marion - I remember when you came before, so it is simply coming down to a timing issue, correct? Mr. Kitchens - Everything remains the same. The slab is historical and it dates back to the forties. The request is the same, just to use the slab and the footprint that is already there. Mr. Marion - Are there any questions for the applicants? [There were none.] Is there anyone else that would like to speak on this issue? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Mr. Bishop - I make a motion to approve. Mr. Borkowski - Second. Mr. Marion - I have a motion to approve and a second. All those in favor please signify. [Vote was unanimous.] Text Amendment - Section 9-050 - Technical Codes Adopted Ms. Otto - At your chair this evening is a corrected ordinance. The one in your packet did not include the approved swimming pool code. It is a list of the various 13 codes that the City has adopted. What is not currently in this ordinance is many of those codes have what are called Georgia Amendments. The Department of Community Affairs 21 M Garbett asked Mr. Kelly to explain his rentals on the Island. Mr. Kelly explai d that his ' e, Karen, has a realestate license and their rentals fall under her I' se. Mayor Buelter read correspondence from residents speaking in fav nd against this consideration ached). Mr. Branch clarified that there is no i g in the Code that is totally clear regards bed and breakfast being a dwellin it. It is his opinion that a bed and breakfast is one it, a dwelling unit, whe reakfast if provided as well as sleeping accommodations. T was a short ' cussion regarding the history of the bed and breakfast locations on the n ill Garbett made a motion to approve. Wanda Doyle seconded. Voting in f re Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. V ' g against w arry Brown. Motion carried 5-1. Mayor Buelterman aske r. Braun if there is something mr and council can do to clarify the definitioPea bed and breakfast in the future. Mr. n responded that mayor and cou would need to clarify what is meant by a bed and kfast as to ZdMayor ds to be a part of the principle house and not a separate cture. man stated that it the ordinance should state what is and was is t and council confirmed. He asked that Mr. Branch craft an ordinance to (concerns. Mr. Branch confirmed. 0.14d C o u n c: l M" r u�e_ s JO -Lr- ,. Q, 2C)(4 z pagQs Variance — Lot 10 Robinson Avenue — consideration of setback encroachments for new single-family dwelling; PIN 4-0002-08-005; Mack Kitchen. Ms. Otto stated that a variance was granted a year ago and expired in December 2013. This is the exact same request that was previously before the Planning Commission and mayor and council. Ms. Otto stated that this was heard by the Planning Commission and the vote was 5-0 to approve. Mike Bernstein approached mayor and council stating he is the adjacent property owner and when the Planning Commission heard this request previously the vote was 3-2 to approve. He expressed his concerns with notification of the public hearing in December 2013 and feels it is unfair to him as a property owner that he was not given ample notification. Mr. Bernstein explained that the sign was not properly posted on the property and feels it is unacceptable. This is a disadvantage as he was not able to attend the Planning Commission meeting. Mr. Otto responded that the scheduled date for the Planning Commission was Tuesday, December 17, 2013. The Monday prior, December 9, 20131 the agenda was set, the public hearing signs were completed and the next day a representative from Department of Public Works (DPW) picked up the signs for installation. Ms. Otto did go to the location on Friday, December 13, 2013 to confirm the signs were in place. Mr. Bernstein responded that he does not feel he was given ample notification of the Planning Commission meeting. He would further request that this item return to the Planning Commission so he could voice his opinions. Mayor Buelterman asked Ms. Otto if the letter of the law was followed regarding the posting of the signs and meeting. Ms. Otto confirmed. She further stated that the public hearing before mayor and council is the official public hearing. Notices were mailed to the adjacent neighbors, published in the legal organ, and meeting posted. Mr. Bernstein confirmed he did receive notification in the mail but still feels he was denied his due process. He then expressed his concerns with the variance request as it is 10' off his property line. Ms. Doyle stated that it is her understanding the existing slab would be used. Mr. Bernstein confirmed and further discussed the moving the footprint of the residence so it is not so close to his property line and would recommend moving it closer to Robinson Avenue. Ms. Otto clarified that this property is in a R-1 zone, the set -backs are 20' front and back and 10' on the sides. The footprint as proposed is on the front, 18.2', and if moved further toward Robinson Avenue he will not meet the front set -back. Mack Kitchen approached mayor and council stating he is not requesting anything more than the existing variance as previously approved. Mr. Garbett asked Mr. Kitchen if he will have to rebuild the existing slab. Mr. Kitchen responded no as the footings are stable. Mr. Brown asked Mr. Kitchen to meet with Mr. Bernstein to come to an amicable solution. Mr. Kitchen responded he only wants to use the existing slab. Wanda Doyle made a motion to approve. Monty Parks seconded. Discussion: Mayor Buelterman asked for clarification with the notification process. Ms. Otto responded that the public hearing sign is normally posted the Tuesday of the week prior to the planning commission meeting. He then asked Ms. Schleicher to set a policy for posting the signs to ensure proper posting of the notification signs. Ms. Schleicher confirmed and will work with DPW. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle and Bill Garbett. Voting against was Rob Callahan and Barry Brown. Motion carried 4-2. 01-2014, First Reading, Text Amendment, Consideration of Increased Freeboard Requirement; Article 8 — Flood Damage Prevention. Ms. Otto approached mayor and council and stated that this was heard by the Planning Commission at both their November and December meetings. At the November meeting they requested more input regarding the CRS program as did mayor and council at their meeting. At the December meeting after receiving the information the motion was to approve a change from 1' freeboard to 3' freeboard and was approved 5- 0. She further explained that there are a number of changes within Article 8, Flood Damage Prevention, where reference is made to the 1' freeboard and if approved all those would be changed to reflect the 3' freeboard requirement. Ms. Otto stated that this is a first reading and will be before mayor and council on January 23, 2014. Mayor Buelterman asked Ms. Otto if this is just inclusive of the freeboard. Ms. Otto confirmed as the Planning Commission requested further information regarding other options. the right side of the house. Mr. Cramer explained that is a 15' access lane. Comm issjonerB,4mble asked if this is a completely enclosed elevator that's going to run from ground level to the sedqrfid floor. Mr. Cramer answered that it will go to the second floor on the porch. Commissioner M�Naughton questioned Ms. Reich about how the overhang on the elevator looks like it will hang more than 2' and that is not to code. Ms. Reich answered that is a question for the applicant, because the sizeis not noted on the plan, but that could be a condition of the approval. Mr. Cramer answered the ex�sting overhang is 3' because h ;wanted to match the existing overhang. Commissioner McNaughton Mated that 2' is the limit. Co issioner McNaughton also asked Mr. Cramer if he considered running the elevator up through the porches, o the right of the stairs, which would not require a variance. Mr. Cramer answered that there is an apartmM on the right side downstairs so there would not be Iroom. Commissioner McNaughton also asked if the ele tqr was being proposed for health reasons. Mr. Cramer stated that the applicants are planning to retire a A e.house, and they also have friends,tha't can't access their house because of the stairs. Commissioner Bishop asked if the property is rented Mr. Cramer stated that they do have that one apartment underneath the h6u�e that is rented througli'Tybee Joy Rentals. Commissioner Bishop stated it looks as if an elevator could be-placed under the,�ouse on the north wall, which would not interrupt the historical integrity. Mr. Cramer exlaineo tha�the garage ends at the porch and there would be no room. Ms. Reich stated that the house was'bdut'Ln 1930, and it is old enough to qualify for historic status but that she also didn't know if it has been regis red,. Commissioner Major commented that he did not understand why the elevator could not b/# ut un r the house and that he was concerned that the roof overhang would be too close to the neighboring hou . Mr. Major also asked Ms. Reich if the house is on the Historic Registry. Ms. Reich Vans� �`ed that she is not sure if it is on. the Registry. Commissioner Livingston explained that she agith Mr. Cramer that placing the elevator on the outside of the house would make sense becaure is a garage on the left and an..apartment on the right and due to the significance of the historic nof the home. However, she agreed that the overhang needed to be reconsidered. Commissioner P(amble stated that she would like to have the opinion of the Historic Society. Ms. Reich stated t t if this were to be approved this information would be sent to the Historical Protection Commission ftl their review because of its age. Commissioner McNaughibn made a motion to be continued for Histor' Protection Commission to consider appropriateness for ihel�t�ucture given its historical significant Commissioner Bramble seconded the motion the vote to continue-was denied (2 approved to 4 app sed.) Chair Marion stated that motion was defeated, and they would need to make another mod on>>Commissioner Bishop asked Ms. Reich about the comment in the Staff Report r girding comprehensiv,;6lan overview item number 3: Historic structures should be restored and or prese,h'e where evel�)ssible. The report stated that that item was not applicable in this case. Ms. Reich explain that shen't feel that it was applicable because they weren't proposing to alter the integrity of the house. '9(mmissioner Bishop made a motion to approve this petition contingent on the fact that it meets all T Tee Historical Society requirements with also the applicable roof line dimensions as discussed being in accordance with the Land Development Code. Commissioner McNaughton stated that he has a very hard time seeing that this meets the standard for a Variance. Commissioner Livingston seconded and the vote was 4 approved to 2 opposed. 6=„. 4/_,z6 lJ,S— Variance — consideration of setback variance to allow additional front stairs and handica lift for a proposed new single family dwelling Property Address: (Lot 10) Robinson Avenue Zoning Variance (5-090), Section 3-090 (Schedule of Development Regulations) Ms. Reich approached the Commission with the Variance for front stairs at Lot 10 Robinson Avenue; she had a short power point and explained that they recently approved a variance at this property for the owner so he could sell the lot. Now there is a buyer and they would like to extend that setback to allow for stairs and a chair lift on the front of a single family home. Ms. Reich went on to explain that this is a very challenging lot because of the square footage being so small. Commissioner McNaughton asked will the steps extend all the way out to the current setback that was approved a couple months ago or farther. Ms. Reich answered they extend pass the setback 10 feet into it so there would only be an 8 foot front set back. Commissioner Bossick asked if the chair lift will access the second floor if there is a second floor and if there was any discussion of putting the chair lift in the basement under the covered porch or is this all that was proposed. Ms. Reich explained there is a second floor and the chair lift will not access the second floor and that this was all that was proposed there was not a discussion of putting the chair anywhere else. Commissioner Majors explained what constitutes a hardship is about the property not a physical handicap and this property can't be developed on any of the four sides without a Variance. Commissioner Majors also asked if this stairway will be one of the 2 ingress egress. Ms. Reich answered yes this stairway will be one of the two. Ms. Francis Bishop, Wiley and her sister Nancy Bishop, Hughes approached the Planning Commission and explained that they want the Chair lift by the stairs for their father Charles 1. Bishop who is a former employee with the City of Tybee Island Police Department from 1950 to 1983. They explained that they have been trying to find a piece of property on Tybee for 3 years to retire and they want it to have a stairway in front to make it look more presentable to the community. Chair Marion asked Ms. Wiley and Ms. Hughes to tell more about the lift weather it is free standing with a gangway. Ms. Wiley explained she did not want an elevator and that the lift would only go to the first floor for their father's room, the roof overhang will be part of the lift and it will be free standing with a gangway. Commissioner Majors asked if one set of the two stairs will go to the second floor. Ms. Wiley answered yes, the back stairs do. Commissioner Bramble made a motion to approve and Commissioner Major seconded the vote to approve was unanimous. Commissioner Livingston announced to Mr. Bishop she wanted to thank him for his service and all he did for Tybee Island the Planning Commission gave a unanimous applaud. Cnnl i Ms. Reich apprpached the Planning commission with a power point presentation to illustrate the proposed tree trimming -plan and where the tree trimming would take place within the DNR shore protection area. She explained that the applicant needs permission from the Planning Commission and City Council even though he will only be,trimming not removing trees. Commissioner MajoVasked if the applicant would be just pruning wax myrtles or would he also be performing ongoing mowfhg in the swales or more. Ms. Reich explained that the Planning Commission is being asked to appro*e all that he is proposing to do, within his lot line, on the p)an provided, which does include more than just the wax myrtles. The plan would be the same document that will be provided to DNR for their/Permit and it would be a onetime approval for pruning of vegeta on, not for on-going routine pruhn'6g and maintenance. The applicant was not present because of family lssNes. Chair Marion asked if it c Id be continued to next month so that the applicant could be present. Col�missioner Major made a ' otion to continue for lack of clarity on the application and was seconded my Commissioner McNaught the vote to continue were 4 approved and 2 opposed. Cnarinl Ms. Reich approached the Planning Commission with a short presentation for the tree removal within the DNR shore protection area at 20 Taylor. Ms. Reich explained that this property is on an old battery that had a house on top which was previously demolished under a permit with the City, and now they are proposing to replace the house and some trees need to be removed. Ms. Reich also explained the table exhibit provided by the applicant to summarize which trees are being removed or mitigated. Chair Marion asked if any of the removal or trimming will .destabilize the area. Ms. Reich answered most of the trees are growing on or adjacent to the structure not in the dunes. Commissioner Bramble asked if the ID number is the number of the tag tree and`did they already remove some trees. Ms. Reich explained that the ID number references what is on the plan, and that there were,4.trees previously removed by the demolition crew who was under the mistaken impression that the (*e removal had been included in the demolition permit. The City stopped the removal of trees, and appropriate mitigation will be included in the proposed plan. Chair Marion mentioned that they are removing the trees to clear the Battery for a residential house, and he asked if,there will be any backfill brought in. Ms. Reich mentioned that would be a question for the applicant. Mr. Phillip McCorkle approached the Planning Commission for the applicant and explained that he has a highlighted copy that might explain themitigation plan better. He handed them out to Commission members and began to explain that they have modified the proposed structure to meet all ordinance requirements, and they have already received approval from DNR for the removal of these trees. Chair Marion asked Mr. McCorkle what the reason was for the'removal of these trees and would the applicationrhave to add fill to or has that already occurred. Mr. McCorkle explained that there are 12 trees, ,some dead, some insignificant, and the others are growing out of`the structure. The 3 trees that are proposed to be transplanted are healthy, and the application would no `need to use any fill to replant the trees. He stated that if there were some fill that needed to be added the�the applicant would abide by all City regulations and rules. Chair Marion asked how tall is this structi�re,now Freda Rutherford approached mayor and council to speak in favor of the ban on single use plastic bags. Jill Bacon a roached mayor and council to speak in favor of the propos) ordinance on banning single u plastic bags. Debbie Kearney appro hed mayor and council to support the propos ordinance on banning single use plastics and wo ask to stick to the sixty day extension She would also ask that the residents show respons\rightth ip for the environment. Dale Williams approacheouncil stated tha at there is an economic value to being the leaders in doing tven though it ht be difficult. He also feels that this is an opportunity for the Citnd to be a I er as a community. MichaelFlores approached mayor and c n to invite everyone to visit T. S. Chu's and observe what the business deals with regard ags on a day to day basis. Bennett Bacon approached mayor and `uracil tha he It owners are right as they have an immediate economic situation; the vironmental i ues are correct; and something needs to be done. Mayor Buelterman thanked ejolfyone for the valuable input. Rob Callahan made afon to approve the consent agenda. maul Wolff seconded. Vote was unanimous, 6-0. ; Public Hearings Variance: on Aferation of set -back variance to allow for\structure. uction of an elevator; 181 utler Avenue; Zoning Variance (5-090), Sec(Schedule of Developme egulations). Ms. Reich approached mayor and counin the agenda request, a lance request for an elevator. This property has a histora n as it was the home the brother of Juliette Gordon Lowe and has won awardsric toration. Ms. Rei explained that an architect has looked at the residence and hained t is the only ation suitable and does not interrupt the historic nature of ture. R ert Randleman, owner of the property, approached mayor and council tr any questi s mayor and council might have. He would ask mayor and council approve their request. Barry Brown made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Variance: Consideration of set -back variance to allow additional front stairs and handicap lift for a proposed new single family dwelling. Lot 10, Robinson Avenue; Zoning Variance (5-090), Sec 3-090 (Schedule of Development Regulations). Ms. Reich approached mayor and council and stated that this is the property that was before them recently requesting a variance to allow for construction of a single family residence on an old historic foundation. The property has since been sold and the new owners are requesting a variance to allow for construction on the existing foundation. This will allow for stairs and chairlift going into the set -back. The Planning Commission approved this request unanimously. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous, b_ 0. Special Review: Consideration of tree trimming within the DNR Shore Protection Area; 2 13th Street, Standards for Special Review (5-070), Beach, dune, vegetation disturbance/crossover maintenance and construction (3-100). B Brown recused. Ms. Reich approached mayor and council stating that this request is re 'red as the tree trimming is going to take place ocean -ward of Shore Protection Act Line and r the Tybee Island Code, any type of alteration of vegetation on the seaside of the DNR li requires special review approval by city council. The owners are not requesting to remove y trees as the pro al is to trim the trees. She stated the decision of the Planning Com sion was to continue t\encourapproval thbsence of the owner at the hearing as there was a per al emergency. Barry Brohed mayor and council representing the owner as h ill be doing the work. Mr.d Mr. Brown if an arborist has been consulted. Brown confirmed. Karen Jerist, Director, Savannah Tree Foundation, proached mayor and council to approval of the landscape plan so Dr. Sewel an move forward. Ms. Jenkins voan arborist, to be on site when the prunin akes place to ensure the trees do nage. Wanda Doyle made a motio o approve. Bill Garbett seconded. na ous, 5-0. Special Review; Considers n of tree removal hin the DNR Shore Protection Area; 20 Taylor Street; Stan rds for Special eview (5-070), Beach, dune, or vegetation disturbance/crossov aintenanc nd construction (3-100). Ms. Reich approached mayor to state this reques ' similar he previous agenda item as the applicant is requesting the removal of trees on the awa side of the DNR Shore Protection Line. Ms. Reich stated the owner is requesting to rem even palms and three dead palms. They have proposed mitigation not only for the approva the removal of trees but mitigation plans for all the trees they would like to remove t ug t the construction period. The Planning Commission approved this request 4-2. ayor B terman clarified the vote of the Planning Commission, 5-1. He asked how tall i e tallest tr that will be removed as the DNR Line is based on the tallest tree on the pro y. He then ask Mr. Hughes would the removal of the tallest tree affect an adjacent pr erty owners by mo g the DNR jurisdictional line back landward. Mr. Hughes respond in the affirmative. Mayor uelterman expressed his concerns with the possible moving of t ' 'jurisdictional line. Mr. Hug s stated that structures can be used to determine the jurisd onal line as well. Mr. Wolff clari the law by stating it is a 20' tree or a structure pre- ng in 1979, hence the bunker woul a the line if the trees are removed. Ms. Reich st, d that a letter from DNR is included in a packet which contains special conditions are ched to the permit. Phillip McCorkle appr ched mayor and council representing the ow He confirmed the trees that are being remove are not marking the DNR Line and doe of impact the Line. Mr. McCorkle confirmed the applicant has received approval from DN . He explained that the three trees in question are dead and there are only three trees that re actually in the dunes and the remainder maybe within the jurisdiction of the DNR. Mr. McCorkle confirmed that there would be very little dune disturbance. Ed Cawley MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tem Barry Brown Rob Callahan Bill Garbett Monty Parks Paul Wolff Petitioner: Mack Kitchens CITY OF TYBEE ISLAND Description: Consideration of setback encroachments for new single-family dwelling Property Address: Lot 10 Robinson Avenue Zoning Action Requested: Variance CITY MANAGER Diane Schleicher CI'T'Y CLERK Janet LeViner CITY ATTORNEY Edward M. Hughes Following any required Public Hearing, the Mayor and Council of the City decided on the 12th day of February, 2015, that the request for a Variance was GRANTED. Petitioner Planning an oning Manager r CIM of Council Date Z -/7 -/Y - Date Date �_I02 Date P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 —FAX (912) 786-5737 www.cityoftybee.org MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tern Barry Brown Rob Callahan Bill Garbett Monty Parks Paul Wolff Petitioner: Ms. Wiley CITY OF TYBEE ISLAND CITY MANAGER Dune Schleicher CI'T'Y CLERK Janet Leviner CIT)(ATTORNEY Edward M. Hughes Description: Consideration of setback variance to allow additional front stairs and handicap lift for a proposed new single family dwelling. Property Address: Lot 10 Robinson Avenue Zoning Action Requested: Zoning Variance Following any required Public Hearing, the Mayor and Council of the City decided on the 141h day of May, 2015, to approve the application for a zoning variance, to -wit: CldJk of Council [K 15 Date Date Date Date P.O. 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