HomeMy Public PortalAbout20190819_PC_PACKET.pdfPLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
A. Call to order:
E- ,
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
August 19, 2019 — 7:00 p.m.
For City Council Meeting September 12, 2019 — 7: 00 p. n2.
B. Consideration of Minutes:
1. Minutes of July 15 and July 23 special meeting 2019
C. Disclosures/Recusals:
D. Old Business:
CITY ATTORNEY
Edward M. Hughes
E. New Business:
1. Zoning Variance: requesting 3 '/Z feet on side and rear setbacks - 9 Moore Avenue — Zone R -1-
B — 4-0002-02-012 — owner RHR Properties, LLC applicant Thomas J. Mahoney III.
2. Site Plan approval with Variance: requesting to rebuild structure with 3 foot rear and 2 foot
side setbacks — 302 Tenth Street — Zone R-2 — 40006 09003 — owner Anthony P. Russo
applicant Natalie Aiken.
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
•'
-? f}
M. LU 9r�I
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
August 19, 2019 — 7:00 p.m.
For City Council Meeting September 12, 2019 — 7: 00 p. n2.
B. Consideration of Minutes:
1. Minutes of July 15 and July 23 special meeting 2019
C. Disclosures/Recusals:
D. Old Business:
CITY ATTORNEY
Edward M. Hughes
E. New Business:
1. Zoning Variance: requesting 3 '/Z feet on side and rear setbacks - 9 Moore Avenue — Zone R -1-
B — 4-0002-02-012 — owner RHR Properties, LLC applicant Thomas J. Mahoney III.
2. Site Plan approval with Variance: requesting to rebuild structure with 3 foot rear and 2 foot
side setbacks — 302 Tenth Street — Zone R-2 — 40006 09003 — owner Anthony P. Russo
applicant Natalie Aiken.
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
PLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
Planning Commission Meeting
MINUTES
July 15, 2019
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
CITY ATTORNEY
Edward M. Hughes
Chair Bishop called the July 15, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were Marianne Bramble, David McNaughton, Alan Robertson, Charles
Matlock and Tina Gann. Ron Bossick was absent.
Consideration of Minutes:
Chair Bishop asked for consideration of the June 17, 2019, meeting minutes. Commissioner
Robertson made a motion to approve. Tina Gann seconded. The vote to approve was unanimous.
Disclosures/Recusals:
Chair Bishop asked if there were any disclosures or recusals. Commissioner Bramble disclosed she
has a grandchild that attends the Maritime Academy and that would not prevent her from making a
fair decision on this item.
Old Business:
Chair Demery Bishop asked if there was any old business. Commissioner Robertson asked if the
discussion last month on short-term vacation rental licenses was finished or does it need to be
discussed more. Chair Bishop stated that this body does not need to continue that Item.
New Business:
Site Plan approval/Special review: modular building added to the lot — 714 Lovell Avenue —
Zone R-2 — 40005-19001— Tybee Island Charter School dba Tybee Island Maritime Academy.
George Shaw approached the Planning Commission and stated the Tybee Island Maritime Academy
wants to add a four classroom modular building. The applicant did not submit a site plan with the
packet. Perb Fortner, CFO of the Tybee Island Maritime Academy and the applicant, told him that was
not required the last time they did an expansion. George Shaw stated he spoke to the City Manager
Shawn Gillen about that and he asked him to please put this on the agenda because there is a time
constraint to get them built. There is also a letter we gave you tonight that did not make it in the packet
from The City Engineer Downer Davis, who did review what was in the packet. Staff cannot
recommend approval because it is not a complete application. Commissioner Robertson stated in the
instance of their urgency to get started before this school year he would like to hear from the
petitioner. Commissioner Matlock stated this packet should have been done right, the process is not
complete. Chair Bishop stated he would like to hear from the petitioner. Perb Fortner approached
the Planning Commission and stated he is the CFO for the Tybee Island Maritime Academy and he
lives at 1 Beachwood Court, Tybee Island. Perb Fortner stated they have come here with an
incomplete package to not spend the Governments money until we know that there is an end. He
stated they are trying to get the modular classrooms installed and available for use by the first of the
year. He also stated they would only need four parking spaces for the new building. Carolyn Jurick,
who is a Chairman for the Tybee Island Maritime Academy, approached the Planning Commission
and stated that the building will be raised and they are a locally approved Charter school and this year
there are 296 kids enrolled. These classrooms are needed to accommodate our growing school. Peter
Ulrich, who is the principal for the Tybee Island Maritime Academy, approached the Planning
Commission and stated that they want to add "Maker" space to enervate and create and a "Coding"
class that would be with robots. This would connect them with the maritime industries and also stem
(Science, Technology, Engineering, Math) and steam (Science, Technology, Engineering, Art, Math)
opportunities. Jason Ball approached the Planning Commission and stated he is the engineer for this
project and the drainage and parking will be handled the same way the other buildings on the property
were done. He also stated that they will provide a survey and drainage plans when they finish them.
Commissioner McNaughton asked which square footage is the correct one that they are proposing.
In addition, can the dumpster be moved out of the City Right of way? Perb Fortner stated the correct
one is 4,500 square feet. Moreover, they will look at moving the dumpster. Commissioner Bramble
asked if they could get the Drainage plan done and added to the packet before the City Council
meeting in August. Perb Fortner stated yes they could. Karen Gilbert who lives at 113 Jones
Avenue approached the Planning Commission and asked if there were any trees where this building
will be going and stated that they should have submitted a complete packet for this submittal. Jason
Ball approached the Planning Commission and stated they will have the mitigation of the trees on the
survey they submit. Jason Ball approached the Planning Commission and stated he would have the
drainage plan and survey done by Monday July 22, 2019 for the packet. Commissioner McNaughton
made a motion to continue to July 23, 2019 at 8:00am with a complete packet. Commissioner Gann
seconded. The vote to continue to special meeting was unanimous.
Discussion only:
Chanting R2 minimum lot size to 9,000 square feet.
George Shaw approached the Planning Commission and stated this is a continuation from the last
meeting. The 9,000 square feet came up at our workshop. Currently the R-2 minimum lot size is 4,500
square feet for a single-family dwelling and 6,750 square feet for a two family dwelling.
Commissioner McNaughton made a motion to recommend City Council increase the minimum lot
size on the R-2 zone to 9,000 square feet for two family dwellings. Commissioner Robertson
seconded. The vote was four to one. Motion carries.
Increasing variance application fee.
Commissioner McNaughton made a motion to recommend City Council increase the variance
application fee to $1,000.00 for both residential and commercial. Alternatively, raise the variance
application fee to 500.00 for residential and commercial and adopt as a model the Valdosta variance
application. Commissioner Bramble stated she would have to read the Valdosta application before
she could even vote on it. Commissioner McNaughton stated he would like to continue this to
another meeting and send everyone a copy of the Valdosta application.
Meeting adjourned 8:30pm.
Lisa L. Schaaf
PLANNING COMMISSION
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
Planning Commission Meeting
MINUTES
July 23, 2019
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
CITY ATTORNEY
Edward M. Hughes
Chair Bishop called the July 23, 2019, Tybee Island Planning Commission meeting to order.
Commissioners present were David McNaughton, Alan Robertson, Charles Matlock and Tina Gann.
Ron Bossick and Marianne Bramble were absent.
Old Business:
Site Plan approval/Special review: modular building added to the lot — 714 Lovell Avenue —
Zone R-2 — 40005-19001— Tybee Island Charter School dba Tybee Island Maritime Academy.
George Shaw approached the Planning Commission and stated the Tybee Island Maritime Academy
has submitted a survey and drainage for 714 Lovell Avenue since the July 15, 2019 meeting. The City
Engineer also has submitted his comments for some simple fixes on the drainage. George Shaw stated
staff does not recommend approval because the submittal is still incomplete. Commissioner Matlock
asked if a variance is required for parking. George Shaw stated yes it could need a variance; it is on -
street parking. Jimmy Williams who lives at 705 Lovell Avenue approached the Planning
Commission and stated he would like to address a few issues. Dumpsters should have an enclosure. In
addition, has the school's charter been changed because the amount of students has increase. Also,
during drop off and pick up times now is there a safety issue? Moreover, drainage run-off should be
only on their own property and not out to the street. In addition, what are the setbacks for that property
as it is zoned R-2. George Shaw stated the ordinance is unclear on a non-residential use within the
residential zone. Hope Barton, who lives at 702 Lovell Avenue, approached the Planning
Commission and stated she has concerns about distracted drivers and she thinks there should be police
posted during drop off and pick up times. In addition, drainage is a concern on that street. Deb
Barreiro, who lives at 104 Seventh Street, approached the Planning Commission and stated the
survey provided has the wrong address. In addition, would the addition of an additional principal
structure require a variance? George Shaw stated because of the school use he would say no but he
can check with the City Attorney. Deb Barreiro also stated, there needs to be school zone signs on
Lovell. In addition, when can we know if they need a variance or not. George Shaw stated he would
have to find that out. Carolyn Jurick approached the Planning Commission and stated we will fix all
safety concerns and we use the church for overflow parking. Jason Ball approached the Planning
Commission and stated they do have one 24 -inch Live Oak that would need to be taken out and
mitigation will be done. On the parking, we want use the least impervious surface as possible. He also
stated if a variance were needed, they would get it. David McNaughton made a motion to forward to
City Council with these conditions addressed: are variances required for setbacks and parking and
satisfy drainage issues. Commissioner Matlock seconded. The vote was unanimous.
Meeting adjourned 9:30am.
Lisa L. Schaaf
G STAFF REPORT
ck PLANNING COMMISSION MEETING: August 19, 2019
CITY COUNCIL MEETING: September 12, 2019
f\ A
LOCATION: 9 Moore Ave. PIN: 40002 02012
APPLICANT: Thomas Mahoney III
EXISTING USE: Single family dwelling
addition
OWNER: RHR Properties, LLC
PROPOSED USE: single-family dwelling with
ZONING: R -1B 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 3 1/2 foot side and rear setback variance for construction of
an addition to a home in the R-113 district.
ANALYSIS: The applicant's contractor met with staff to discuss adding a garage to the property as an accessory
structure. Plans were submitted and approved for a two story structure with garage on the ground level and bonus
room upstairs. City code does not allow for a two story accessory structure. A stop work order was issued when
staff realized that the structure was going to be two stories. The applicant has chosen to seek a setback variance for
the primary structure and attached this to the home making it one structure.
Variance standards require that the applicant meet the following conditions:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other
physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
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.
STAFF FINDING
While staff recognizes that, there were clearly communication issues during the application and approval process
staff cannot recommend approval due to the constraints of the Land Development Code
ATTACHMENTS
A. Variance application
B. Site plan Survey
C. Applicant narrative
2
This Staff Report was prepared by George Shaw
Comprehensive Plan — Community Character Area
The Ft. Screven Historic District
Recommended Development Strategies
Meets
Strategy
Y/N 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
Y
4.
Provide appropriate incentives for historic restoration projects
N/A
5.
Ensure continued preservation of old growth trees, parks, and greens ace
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.
STAFF FINDING
While staff recognizes that, there were clearly communication issues during the application and approval process
staff cannot recommend approval due to the constraints of the Land Development Code
ATTACHMENTS
A. Variance application
B. Site plan Survey
C. Applicant narrative
2
This Staff Report was prepared by George Shaw
r CITY OF TYBEE ISLAND Fee
j r• commercial $500
APPLICATION
ZONING VARIANCE APP
..i
'� • r Residential $200
Applicant's Name
RHR Properties, LLC
by Thomas J. Mahoney III as attorney
Address and location of subject property
PIN 4-0002-02-012
Applicant's Mailing Address
9 Moore Avenue
Applicant's Telephone Number
(912) 233-7272
337 Commercial Drive, Suite 500, Savannah, GA 31406
Brief description of the land development activity and use of the land thereafter to take place on the property:
Construction of addition as part of renovation of cottage and lifting it
out of floodplain to be used as a rec room for applicant's single family home.
Property Owner's Name RHR Properties, LLC Telephone Number (77n) R49-72 8
Property Owner's Address 159 Griffin Street, McDonough, GA 30253
Is Applicant the Property Owner? X Yes No
If Applicant is the Property Owner, Proof of Ownership is attached:
X 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. X Yes
i
Current Zoning of Property R -1-S Current Use RPRI dt-ntl Al
I
Names and addresses of all adjacent property owners are attached: x 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, 0f.
butions form attachment hereto:
Yes
D e
'**-, _AOTE: Other specific data is required for each type of Variance.
...........................................................................................................3%�.................Date......................................j.......................................................................................
Fee Amount $�_ Ch ec ber�_
City Oficial
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
REFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
of lot restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance request.
Explain the hardship: Please see h at_t-anhPd narrat-J -,Tram raGr)nnse
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity;
narrowness; or,
shallowness of the lot shape; or,
X 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.
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.
1:5It9
Da
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.
��h a t h a m C o u n t y , G e o r g i a
P A R I D : 4 0 0 0 2 0 2 0 1 2
h t t p s : / / w w w . c h a t h a m t a x . o r g / P T / D a t a l e t s / P r i n t D a t a l e t . a s p x ? p i n = 4 . . .
R H R P R O P E R T I E S L L C
9 M O O R E A V E
M o s t C u r r e n t O w n e r
C u r r e n t O w n e r C o - O w n e r
A d d r e s s 1 A d d r e s s 2 C i t y S t a t e Z i p
R H R P R O P E R T I E S L L C
1 5 9 G R I F F I N S T M C D O N O U G H G A 3 0 2 5 3
D i g e s t O w n e r ( J a n u a r y 1 )
O w n e r C o - O w n e r
A d d r e s s 1 A d d r e s s 2 C i t y S t a t e Z i p
R H R P R O P E R T I E S L L C
1 5 9 G R I F F I N S T M C D O N O U G H G A 3 0 2 5 3
P a r c e l
S t a t u s
A C T I V E
P a r c e l I D
4 0 0 0 2 0 2 0 1 2
C a t e g o r y C o d e
R E S - R e s i d e n t i a l
B i l l #
2 9 9 1 4 9 2
A d d r e s s
9 M O O R E A V E
U n i t
C i t y
T Y B E E I S L A N D
Z i p C o d e
3 1 3 2 8 -
N e i g h b o r h o o d
2 0 2 7 0 . 0 0 - T 2 7 0 T Y B E E S C R E V E N
C l a s s
R 3 - R e s i d e n t i a l L o t s
A p p e a l S t a t u s
L e g a l D e s c r i p t i o n
L e g a l D e s c r i p t i o n
L O T D - 1 R E C O M B I N A T I O N O F L O T C , L O T D , L O T E &