HomeMy Public PortalAbout20191021_PC_PACKET.pdfDemery
Ron
oBossick
Marianne Bramble
TinM
Gann
DavidMatlock
1 •,
Alan Robertson
A. Call to order:
Planning Commission Meeting
AGENDA
October 21, 2019 — 7:00 p.m.
For City Council Meeting November 14, 2019 — 7:00 p.m.
B. Consideration of Minutes:
1. Minutes of September 16, 2019
C. Disclosures/Recusals:
D. Old Business:
1. Discussion on changing Tybee's Variance application fee and looking into changing the
application based on the Valdosta application.
George Shaw
2. Text Amendment: to Article 3, Section 3-170 Home occupations and home business offices
E. New Business:
1. Zoning Variance: 1111B Bay Street —requesting to build new steps in setback— Zone R-1 -
40021 16088 — Sue Else & Rex Osborn.
2. Subdivision of land: requesting to divide out one lot zoned commercial C-2 from the two
remaining residential lots that make up 109 Jones Ave. -109 Jones Avenue — Zone R-2 and C-2
-Thomas A. Smith III (Jones Tybee LLC).
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 91.2.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
Demery Bishop
Ron Bossick
Marianne Bramble
Tina Gann
Charles Matlock
David McNaughton
Alan Robertson
Planning Commission Meeting
MINUTES
September 16, 2019
Chair Bishop called the September 16, 2019 Tybee Island
Commissioners present were David McNaughton, Alan V
Bramble. Ron Bossick and Tina Gann was absent.
Consideration of Minutes:
Chair Bishop asked for consideration of the August
made a motion to approve. Commissioner Matlock
Disclosures/Recusals:
Chair Bishop asked if there were any
Old Business:
Discussion on chan
Commissioner McNaugh
input from each Commissi
October 21, 2019 Planning
unanimous.
New Business:
Text Amendment
Commissioner Ro
October 21, 2019 F
unanimous.
George Shaw
scion meeting to order.
I -s Matlock and Marianne
19 minutes. Commiss
led. The vote to appro-
als. There were none.
e and lookinLy into ch
Robertson
, unanimous.
the
a motion to consider a revision of the Variance application with
iitted within ten days from this meeting and bring back to the
Jon meeting. Commissioner Robertson seconded. The vote was
le 3, Section 3-170 Home occupations and home business offices.
made a motion to continue and direct staff to revise and bring to the
Commission meeting. Commissioner Matlock seconded. The vote was
Meeting adjourned 7:47pm
Lisa L. Schaaf
N CITY OF TYBEE ISLAND Fee
cial $500
ZONING VARIANCE APPLICATION commer
Residential $200
This is an application for a variance from the City of Tybee Island Land Development Code
Telephone Number: Email Address:
RX14TIT
numier ana dtllfeSS alUlly V111.11 dill Wiff IUC'Tdl]L 111111JIllid-u—ti t t act in their behalf must be included in the
application. Ak
PROCEDURE
Awkatign e lure en
All applications must be complete including required supporting documents. Incomplete applications will not
be accepted and will delay review.
Applcation Deadline
Applications are due by the last day of the month by 4:00pm before the scheduled Planning Commission
meeting.
Application Submittal
Return one copy of this completed application and all supporting documents to: Tybee Island Planning and
Zoning City Hall 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328
Applications will be heard at a public hearing with Planning and Zoning Commission for a recommendation to
City Council on the third Monday of each month and then the final decision with City Council on the second
Thursday of the following month. Both meetings will be at 7:00pm at the public Safety building 78 Van Horn
Drive.
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Existing use of Property:
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1. Does the requested variance change the Tybee Island character designation for the property? If so, provide
a brief explanation.
2. Explain the purpose of the requested variance and the intended development of the subject property if the
variance is granted.
3. Explain the specific provision within the Tybee Island Land Development Code from which the variance is
requested.
® Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not approve a
variance from the terms of the Land Development Code unless it has made specific findings of fact based
directly upon the particular evidence presented and supporting written conclusions that the variance meets
each of the criteria listed below. Explain how the requested variance meets each of the following:
A. The need for a variance arises from the condition that is unique and peculiar to the land,
structures and buildings involved.
B. The variance is necessary because the particular physical surroundings, the size, shape or topographical
condition of the property involved would result in unnecessary hardship for the owner, lessee or occupants as
distinguished from a mere inconvenience.
C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning
district as the subject property.
D. The condition is created by the regulation in the Tybee Island Land Development Code and not by the
action of the property owner or applicant.
E. The granting of the request4 variance will not impair of injure other property or improvements in the
neighborhood in which the subject prpperty is located nor impair an adequate supply of light or air to adjacent
property, substantially increase the congestion in the public streets, increase the danger of fire, create a
hazard to air navigation, endanger the public safely or substantially diminish or impair property values within
the neighborhood.
F. The variance requested is the minimum variance that will make possible the reasonable use of the land,
building or structures.
5. Explain how the proposed variance is consistent with the general spirit of the Tybee Island Master Plan.
AOA99flt2fQR9MLQWflM
List all current owners of properties located immediately adjacent to or directly across the street from the
subject property. This information may be obtained from the Chatham County Tax Assessor's office (912) 652-
7271 or by using their website «;w ww.boa.chathamcount".or The accuracy and completeness of this
information shall be the responsibility of the applicant.
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NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
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,
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 physio
strict conformity with
hardship to the properb,
NOTE: Provide a
the subject proper
5-090 (13) If this variance applical
petitioner shall be requi
Add two fee
height, and,
Have safecit
I - I It I a
14116111=5111815 -
09MYNO1911-IrA 14MONNEVATIME
is for a Height Variance, in addition to other requirements, the
to:
each side yard setback for each one foot above 35 feet in
s consisting of sprinkler systems, smoke detectors and other fire
iment deemed necessary at the time by the Mayor and Council,
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,O]&LO [A a k'Fk'F'[9jj yq,746 Ices 0 11:8 tg; I &%gN or- Lai mice] Agn [NI a 1101414n I @Is•vr4tblim 9-;[ 1 -•
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.
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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.
CERTIFICATION AND AUTHORIZATION
I hereby certify that, to the best of my knowledge and belief, the above listed information and all attached
supporting documents are complete and accurate. I understand that this application will require a public
hearing by the Tybee Island Planning Commission and City Council. I have been made aware and I hereby
acknowledge this scheduled hearing date/time and location where this application will be considered, and I
promise that either myself or my authorized representative will be in attendance at this hearing. I also
understand that review of this application will require a site visit, and I hereby authorize City staff and
members of the Planning Commission and City Council to enter and inspect the premises which are the
subject of this application.
Disclosure of Campaign Contributions form attach
Signature of
ME
ft
campaign contributill
M
Fee Amount Check Number Date
MOM
Fee Amount $ —Check Number Date
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CQNTRIBUTIONS
Have you within the past two (2) years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES NO
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAME OF CONTR1BfDATE
JTIONS GIFTS OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL ORMORE OR MORE
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 $250.001 HAVE BEEN MADE TO ANY MEMBER OF THE
PLANNING COMMISSION R MAYOR AND COUNCIL.
Signature
Printed Name
Date
Sec. -090. Variances.
(A) Standards After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a
public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of
the provisions in this Land Development Code only if the following findings are made:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity,
narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; 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.
(B) Height variances For height variances, 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 safe -guard consisting of sprinkler systems, smoke detectors
and any other fire protection equipment deemed necessary at the time by mayor and council. 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 the 35 feet height, and
have safe -guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by
mayor and council.
(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.
(D) [Reviewing variance applications]The staff, planning commission, and governing body, shall consider the factors stated herein in
reviewing variance applications in taking action on a particular, variance. In exercising the powers to grant variances, the mayor
and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the
requirements of these regulations.
(E) [Application approval.] Notwithstanding any other provisions of the Code of Ordinances, the staff of the community development
department through its department head may approve applications for variances without the need of public hearings and without
the need of review by the planning commission or the mayor and council as follows:
I. When either of the following circumstances exists:
a. The proposed improvement of alteration Wit not result in an expansion, of the existing footprint of the existing
structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition.
II. When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood
elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming structures as referred to in section 3-020.
If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may
request review by the; planning commission and if the request is approved or rejected by the planning commission then the planning
commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be
necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of
a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020
and 3-090 as well as the public hearing requirements referred to in section 5-060. In the event the staff request review by the planning
commission and the planning commission rejects the request, the applicant may apply for the granting of a variance and follow the
procedure applicable to such request before mayor and council.
(F) Compliance with ordinances Notwithstanding any other provision of the Code of Ordinances, no application for a variance maybe
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, when, 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 Ordinance does not excuse prior violations including those that have resulted or may result in enforcement
action by the City of Tybee Island.
(Ord. No. 1999-27, 8-12-1999 Ord. No. 2002-0, 5-9-2002; Ord. No. 2002-08 Variances, amended 8-29-2001;
Ord. of 8-11-2005; Ord. No.14-2010, 8-26-2010® Ord No 7-A-2014 1, 12-11-2014)
STAFF FJEPORT
PLANNING COMMISSION MEETING: September 16,2019
CITY COUNCIL MEETING: October 10, 2019
APPLICANT: City of Tybee Island
ZONING: N/A
I
PROPOSED USE: N/A
APPLICATION: Amendment to Article 3, Section 3-170 Home occupations and home business offices.
PROPOSAL: To make it clear what is allowed as a home business office, which is allowed by right in residential
districts and what reaches the threshold of home occupation, which requires approval via special review.
ANALYSIS: This amendment should make it clearer for residents and staff to clearly differentiate between home
business office and home occupations.
STAFF FINDING
Staff recommends approval
ATTACHMENTS
A. Amendment
1
This Staff Report was prepared by George Shaw.
Profit-making activities conducted in homes fall into two classes: home occupations anli
• • •
(A) Home occupation. If permitted in a land use district, means an occupation customarily
'• •:: within a home for •r •:. ••• conducted entirely within a dwelling unit •
accessory structure and conducted by persons residing in that dwelling unit and up to o IZ.
employee, involving no display of articles or products. The following conditions must be
met: I
• Home occupations must go through the Special Review process and be approved by
City Council
• Home occupation shall not include the repair and/or maintenance of motor vehicles,
motor vehicle storage or large scale manufacturing, or any use which will create
noise, noxious odors, or any hazard to the health, safety or welfare of the
neighborhood.
• Home occupation shall not involve group instruction or group assembly.
• There shall be no exterior evidence of the business. No outside storage or display
including signs shall be allowed.
• No customers or clients shall be permitted at the site unless sufficient off street
parking is provided and the location thereof is approved by the community
development director
• Days of operation permitting customers or clients shall be Monday through Saturday,
daylight hours only.
(B) Home business office means an office use that is conducted entirely within the dwelling
which is
• • • the occupant thereof and no other individual, and which is clearly
incidental and secondary to the use of the dwelling for residential dwelling purposes. T
following conditions must • met: I
• All business related activity must be entirely within the home. Activity outside of the
home or in an accessory structure are not permitted.
• The business shall not create noise, dust, vibration, odor, smoke or electrical
interference that is detectable outside of the home
• No customers may come to the home
• There shall be no exterior evidence of the business. No outside display including
signs shall be allowed.
Pick up and deliveries for the business will be restricted to vehicles having no more
than two axles and shall be restricted to no more than two pick-ups or deliveries per
day.
PLANNING COMMISSION
rd1TftGJ-W#J-W f-munalavy JK*-1MW
Project Name/Description: Article 3, Section 3-170 Home occupations and home business
offices.
IMMINOWTI-4 TO
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval Conceptual
Variance Preliminary Plan Approval
Map Amendment Final Plat Approval
Text Amendment X Minor Subdivision — Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
The Planning Commission Motion on Petition: ❑ Approval ❑ Denial 0 Continued
Action on Motion:
COMMISSIONER
FOR
AGAINST COMMENTS
Bishop
Chair
Bossick
Vice Chair absent
Robertson
X
Motion
Gann
absent
Bramble
X
Matlock
X
Second
McNaughton
X
Planning Commission Chair:
Planning & Zoning Manager:
Date:
Date: (7
" 1 1 1 1 1 1 1 1 " 1 1 1 1
S T A F F R E P O R T
F ' O M M I S S I O N M E E T I N G : O c t o b e r 2 1 , 2 0 1 9
C I T Y C O U N C I L M E E T I N G : N o v e m b e r 1 4 , 2 0 1 9
E X I S T I N G U S E : S i n g l e f a m i l y d w e l l i n g
Z O N I N G : R - 1 U S E P E R M I T T E D B Y R I G H T : y e s
C O M M U N I T Y C H A R A C T E R M A P : N o r t h B e a c h / M a r i t i m e D i s t r i c t
A P P L I C A T I O N : Z o n i n g V a r i a n c e ( 5 - 0 9 0 ) f r o m S e c t i o n 3 - 0 9 0 A ( S c h e d u l e o f r e s i d e n t i a l d i s t r i c t d i m e n s i o n a l
r e q u i r e m e n t ) .
P R O P O S A L : T h e a p p l i c a n t i s r e q u e s t i n g a p p r o v a l o f a 1 2 ' 4 " r e a r s e t b a c k v a r i a n c e f o r c h a n g i n g t h e l a y o u t o f a
n o n c o n f o r m i n g r e a r s t a i r s . T h e s t a i r w a y i s c u r r e n t l y 8 ' 2 " i n t o t h e r e a r s e t b a c k .
A N A L Y S I S : T h e a p p l i c a n t w a n t s t o c h a n g e t h e l a y o u t o f h i s r e a r s t a i r s f o r p e r s o n a l r e a s o n s . T h e r e i s n o h a r d s h i p .
T h i s d o e s n o t m e e t t h e r e q u i r e m e n t s f o r a v a r i a n c e
T h e C o m p r e h e n s i v e P l a n d e s c r i b e s t h e N o r t h B e a c h / M a r i t i m e D i s t r i c t a s f o l l o w s :
T h e N o r t h B e a c h / M a r i t i m e D i s t r i c t i s a m u l t i f a c e t e d a r e a w i t h R - 1 1 R - 2 , R - 1 B , R - 1 / N E C , R - T , E - C , P U D ,
a n d M - D z o n i n g . U s e s i n c l u d e c o m m e r c i a l , r e c r e a t i o n a l , c a m p g r o u n d , p u b l i c / g o v e r n m e n t u s e s a n d
b u i l d i n g s , a n d a m i x o f r e s i d e n t i a l s t y l e s a n d h o m e s s e t o n n a r r o w s t r e e t s . I n a d d i t i o n t o t h e s e d e v e l o p e d
p o r t i o n s , t h e a r e a a l s o i n c l u d e s e x t e n s i v e u n d e v e l o p e d e n v i r o n m e n t a l l y s e n s i t i v e a r e a s w i t h m u l t i - u s e
t r a i l s a n d p u b l i c w a t e r a c c e s s .
H
C o m p r e h e n s i v e P l a n C o m m u n i t y C h a r a c t e r A r e a
T h e N o r t h B e a c h / M a r i t i m e D i s t r i c t
M e e t s
R e c o m m e n d e d D e v e l o p m e n t S t r a t e g i e s
S t r a t e g y
Y I N o r N I A
1 .
E s t a b l i s h s t a n d a r d s a n d g u i d e l i n e s f o r s i g n a g e i n k e e p i n g w i t h i s l a n d c h a r a c t e r
N / A
2 .
A l l o w f o r t h e d e v e l o p m e n t o f r e t a i l , r e s t a u r a n t s a n d s e r v i c e s f o r s e a s o n a l a n d y e a r r o u n d
N / A
p o p u l a t i o n s
3 .
P r e s e r v e a n d r e s t o r e h i s t o r i c s t r u c t u r e s w h e n e v e r p o s s i b l e
4 .
P r o v i d e a p p r o p r i a t e i n c e n t i v e s f o r h i s t o r i c r e s t o r a t i o n p r o j e c t s
_ N / A
N / A
S .
E n s u r e c o n t i n u e d p r e s e r v a t i o n o f o l d g r o w t h t r e e s , p a r k s , a n d g r e e n s p a c e
N / A
6 .
S u p p o r t d e v e l o p m e n t o f t h e T y b e e I s l a n d b i k e w a y , i n c l u d i n g b i k e l a n e s a n d m u l t i - u s e t r a i l s
N / A
7 .
F a c i l i t a t e p u b l i c w a t e r a c c e s s w h e r e a p p r o p r i a t e a n d o n p u b l i c p r o p e r t y
N / A
8 .
D i s c o u r a g e d o w n - z o n i n g f r o m c o m m e r c i a l t o r e s i d e n t i a l i n t h e L a z a r e t t o C r e e k a r e a a n d
N / A
m a i n t a i n c o m m e r c i a l d o c k u s a g e
H
This Staff Report was prepared by George Shaw.
FIX 0 MX41 as
A. Variance application
B. SAGIS map (I page)
C. Site plan
D. Construction drawing
tI
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CITY OF TYBEE ISLAND
ZONING VARIANCE APPLICATION
9
Fee
Commercial $500,
-el �* TA!cl i I PIA Te
!-IN Y00 2- / / � 04fe Applicant's Telephone Number 91-0 - 6 -5�- 732- 9-�
Applicant's Mailing Address &A —YREt-
7L
Brief description of the land dpvelopment activity and use of the land thereaft to take place on the property:
Property Owner's Name Number 91,7
Property Owner's Address
M
Yes No
M
M
If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of Property k— I Current Use 055 t bq�-W".q I,
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.
-71 . ons form attachment hereto: Yes
M
Sig4aturqAf ApplicDate
NOTE: Other specific data is required for each type of Variance.
........ ... * ............ . .....................
....... .. .... ....
- ..... ...... ..... ...... ............ -
Fee Am . o I un . t - $ ............ ............ .................. - er ......... 5-c� . 0 .......... ................. Date -- .... ........ ?79 '(? .. ......... .
Check Numb
City Official —XV—
NOTE: This application must be accompanied by additional documentation, including drawings that include or
1 7
lustrate the infor
REFERENCE DESCRIPTION
5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location
of lot restrictions.
5-040 (D) (2) Narrative describing the hardship and the reason for the variance request.
Explain the hardship:
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
irregularity;
narrowness; or,
shallowness of the lot shape; or,
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 uniquenessetc.
5-090 (13) If this variance application is for a Height Variance, in addition to other requirements, the
petitioner shall be required to:
Add two feet to each side yard setback for each one foot above 35 feet in
height, and,
Have safeguards consisting of sprinkler systems, smoke detectors and other firg
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 r, -
•I . r
e
ormation to the best of his/her ability in a truthful and honest manner.
ISERE81=1
717-
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.
Y i; 11 `1�:�►`I13
r i � • '• i C' •`
Have you within the past two (2) years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
S NO
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAMEOF CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL OR MORE OR MORE
Signature
Printed Name
Date
See. 5-090. - Variances.
(A) Standards. After an application has been submitted to the designated city official, reviewed by the planning
commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a
variance from the strict application of the provisions in this Land Development Code only if a physical
circumstance, condition, or consideration exists as described in subsection (1).
(1) There are unique physical circumstances or conditions or considerations 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 shape; or exceptional topographical or other physical
circumstances, 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.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
(B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent grade of a property
except:
(1) Chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, solar
panels and similar appurtenances needed to operate and maintain the building on which they are located.
(2) The following items that were existing on the date of the adoption of this ordinance: flag poles, television
aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission
line towers, and electric substation structures.
(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.
(D) Reviewing variance applications. The designated city official, planning commission, and governing body,
shall consider the factors stated herein in reviewing variance applications in taking action on a particular
variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its
approval which it finds necessary to accomplish the reasonable application of the requirements of these
regulations.
(E) Application approval. Notwithstanding any other provisions of this Code of Ordinances, the designated
city official may approve applications for variances without the need of public hearings and without the
need of review by the planning commission or the mayor and council as follows:
(1) When either of the following circumstances exists:
a. The proposed improvement or alteration will not result in an expansion of the existing footprint of the
existing structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction
or addition.
(2) When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist below
one foot above the base flood elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming structures as referred to in section
3-020.
(111I 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, when, 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.
1711ne 1109 RIM
Chatham County, Georgia
- • -#TO r :
https://www. chathamtax. org/PT/Datalets/PrintDatalet.aspx?pin=4...
ELSE SUE 1111 BAY ST
Most Current Owner
Current Owner Co -Owner Address 1 Address 2 City State Zip
ELSE SUE 1111-B BAY ST TYBEE ISLAND GA 31328
Owner Co -Owner Address 1 Address 2 City
ELSE SUE 1111-B BAY ST TYBEE ISLAND
�Xm-
Status
ACTIVE
Parcel ID
40021 16088
Category Code
RES - Residential
Bill #
2992975
Address
1111 BAY ST
Unit
06/27/2019
City
TYBE ISLAND
Zip Code
31328 -
Neighborhood
20198.00 - T198 TYBEE BAY ST
Class
R3 - Residential Lots
Appeal Status
05/24/2019
State Zip
GA 31328
Legal Description LOT 2 RIVERVIEW ESTATES SUB BEING A SUB OF LOT 1
& THE WEST- ERN PT OF LOT 2 BLOCK 5 BAY WD TYBEE
SMB 18S 34
Deed Book 1442
Deed Page 285
Imo'?
Permit #
Permit Date
Status
Type
Amount
190273-1
07/05/2019
Issued
GM - GENERAL MAINT.
$8,500.00
190351
06/27/2019
Issued
RF - ROOF
$5,000.00
190343
06/24/2019
Issued
PO - POOL
$29,500.00
190273
05/24/2019
Issued
GM - GENERAL MAINT.
$6,000.00
040250-1
06/02/2004
Complete
RN - RENOVATIONS
$1,000.00
1 of 4 09/18/2019, 8:44 AM
;hatham County, Georgia
Inspection Date
03/16/2018
04/11/2014
05/17/2007
http s : //www. chathamtax. org/PT/D atalets/PrintD atalet. aspx?pin=4...
Reviewer I D
J EADY
MWTHOMAS
WWROBERT
Tax Year
Land
Building
Appraised Total
Method
2019
217,800
258,200
476,000
Cost -
MS
2018
217,800
251,600
469,400
Cost -
MS
2017
217,800
253,300
471,100
Cost -
MS
2016
193,600
239,900
433,500
Cost -
MS
2015
296,200
142,500
438,700
Cost -
MS
2014
296,200
158,400
454,600
Cost -
MS
2013
296,200
156,900
453,100
Cost -
MS
2012
296,200
145,900
442,100
Cost -
MS
2011
296,200
145,900
442,100
Cost -
MS
t
Sale
Sale
Sale Date
Instrument
Book - Page Grantor
Grantee
PriceValidity
09/06/2018 0
U
WD
1442-285 ANFINSON JULIE
ELSE SUE
05/26/2017 565,000 Q
WD
1090-556 WEISMAN HENRY G
ANFINSON JULIE
05/03/2010 0
U
WD
362X - 211 WEISMAN & MDEOFF
WEISMAN HENRY G
HENRY G & JANE G
07/02/1999 93,000
Q
WD
204U - 0631 BARKS JENNIFER
WEISMAN &
MEDOFF HENRY G
12/11/1998 0
U
QC
199A - 35 HARRIS HELEN B
BARKS JENNIFER
Line Number
Land Type
Land Code
Square Feet
Acres
Influence Code 1
Influence Code 2
Influence Factor
Land Value
1
U - UNIT
01 - SINGLE FAMILY RES
r
2 of 4 09/18/2019, 8:44 AN
Chatham County, Georgia
Card #
Actual Year Built
Effective Year Built
Type
Style/Stories
% Complete
Quality
Condition
Living Area
Basement Area
Finished Basement Area
Bedrooms
Full / Half Baths
X -4q
https://www.chathamtax.org/PT/Datalets/PrintDatalet.aspx?pin=4...
1
2000
1 - Single Family Residence
2 - TWO STORY
100
400
AV -AVERAGE
2,668
0
No
3
3/0
Card Description Beat.
Grade: Units: Override: Area:
1 6616: HOUSE LIFTING, ELEV. ABOVE FLOOD PLAIN, 2000 D 1 352
RAISED FLR
3 of 4 09/18/2019, 8:44 AM
I
.hatham County, Georgia
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STAFF REPORT
PLANNING COMMISSION MEETING: October 21, 2019
-x CITY COUNCIL MEETING: November 14, 2019
LOCATION: 109 Jones Ave. PIN: 4-0003-13-021
APPLICANT: Thomas A. Smith III
EXISTING USE: One single family dwelling lot
and one C-2 lot
ZONING: R-2 and C-2
OWNER: Thomas A. Smith III
PROPOSED USE: One single family dwelling lot
USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood
APPLICATION: Minor subdivision plat approval (Sec. 5-140)
PROPOSAL: The applicant is requesting minor subdivision approval for a two lot subdivision on Jones Ave..
Each lot will have public road frontage.
ANALYSIS: This subdivision would create two lots of a size that meet the requirements of the R-2 and C-2 zoning
districts. They will both have sufficient access and be served by City water and sewer service. These lots existed
in the past but had been combined years ago. Removing the split zoning issue is something that the City wants to
see. It does create a nonconformity with the side setback on the residential lot.
Inland Cottage Neighborhood: This traditional neighborhood west of Butler consists of R-2, NG, P -C zoning
characterized by a grid of narrow, tree lined streets. Housing includes permanent residences and rental homes,
along with multifamily. Both traditional historic cottages and large new residential homes are found here. Other
uses include low density commercial and grocery, public/government buildings, and parks.
Comprehensive Plan — Community Character Area
Inland Cottage Neighborhood — Section 1. 2.6
Meets
Recommended Development Strategies
Strategy
YIN or N/A
1.
New development, redevelopment and restoration should be consistent with existing character
Y
of the area in terms of mass, scale, use and density.
2.
Permit only compatible uses including low density residential, public/institutional, and low
Y
impact commercial
3.
Develop and implement design and architectural standards
N/A
4.
Historic structures should be restored and/or preserved whenever possible.
N/A
5.
The City should provide appropriate incentives for historic restoration projects.
N/A
6.
Implement streetscape improvement to improve the pedestrian/bicycle environment and
N/A
encourage safety and mobility.
STAFF FINDING
This subdivision plat meets all requirements for a minor subdivision. Staff feels that removing the split zoning
outweighs the minor setback nonconformity.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Subdivision application (5 pages)
B. Survey (1 page)
C. SAGIS map (1 page)
qi(�e"C'O(A'v'5
#CITY OF TYBEE ISLAND
SUBDIVISION OF LAND APPLICATION
Applicant's Name d
Address and location of subject property /D S V
Applicants Mailing Address A t P! st o -'r A ' h"A- - 3/y/0
Brief description of the land development activity and use of the land thereafter to take place on the property:
OWAI� P, S S"VA-P'- ak't 10"'I 3c"iN'-s (A C -2 -
Property Owner's Name Telephone Number
Property Owner's Address ►c- .4--wsL voint
Is Applicant the Property Owner? Yes No
If Applicant is the Property Owner, Proof of Ownership is attached:
I
If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of Property Current Use VA c
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
t
Signature of Applicant Date
NOTE: Other specific data is required for each type of Subdivision of Land.
Fee Amount $ ChQ1k Number Date 13 6
City Official FEE
MAJORDIVISION $500
V"'MINOR SUBDIVISION $125
Matham County Board of Assessors: 2018 Property Record Card ... http://boa.chathamcounty.org/DesktopModules/ChathamCounty/B...
APPRAISER MWTHOMAS' LOT C RECOMBINATION OF LOTS 92, B & N PT OF LOT A WARD 1 TYBEE ISL
LAST INSP 07/05/2016 PRB 46P 89
APPR 000008
ZONE
,SALES BOOK/ INS VI QU RSN PRICE
PAGE
05 Jun 2012 37BD 696 QC I U UQ
GRANTOR:SASSER LOUISE E
GRANTEE-SASSER LOUISE E ETAL'
COMMENTS:
31 Jan 2018 TY18 HS REMOVED APPLIED
--------------_
EXTRA FEATURES
[GlicX for larger Picture]
4-0003-13-021
109 'JONES AVEISLAND
SASSER LOUISE E CAMA ASMT
ETAL' 229,500 229,500 LAND 1
101 DRUID RD
SAVANNAH GA 31410 79,600 79,600 BLDG 2
2,000 2,000 OBXF 3
311,100 311,100 Cost -
MS
CODES
@ 1-74-3-17
13 Mar 2013
TY13 103 ENT FOR CLIFTON
USE
LAMAR SASSAR JR
13 Mar 2013
TY13 LEAVE MAILING ADDR,
0004 Tybee Island
MAIL GOES TO MOTHERS
020225.00
HOME
05 Mar 2013
TY13 MAIL GOES TO DRUID
INNER
ROAD TO MOTHERS HOME
02 Aug 2012
TY13 37813/696: 'ETAL:
3,035
CLIFTON LAMAR SASSER JR,
HISTORY
VERNA DEE SASSER KING
04 Jan 2012
TY2012 NEW PIN;
370,800
COMBINATION OF 4-0003
2016
-13-(013, 018 & 019) PRB 46P
47,200 418,000 Cama
89
--------------_
EXTRA FEATURES
[GlicX for larger Picture]
4-0003-13-021
109 'JONES AVEISLAND
SASSER LOUISE E CAMA ASMT
ETAL' 229,500 229,500 LAND 1
101 DRUID RD
SAVANNAH GA 31410 79,600 79,600 BLDG 2
2,000 2,000 OBXF 3
311,100 311,100 Cost -
MS
CODES
BLDG #
SYSTEM DESC
PROPERTY 0006 RESIDENTIAL
USE
UNITS
QL UNIT PRICE
UTA
0004 Tybee Island
NBHD
020225.00
T225 TYBEE
110167
AV CPT FLAT/SHED RF
INNER
EXEMPTIONS
360.00
A 8.43
3,035
1970 1970 2R
HISTORY
LAND
IMPR TOTAL
2017
370,800
56,100 426,900 Cama
2016
370,800
47,200 418,000 Cama
2015
372,300
49,400 421,700 Cama
2014
372,300
49,900 422,200 Cama
2013
372,300
50,500 422,800 Cama
2012
372,300
49,000 421,300 Cama
D#
BLDG #
SYSTEM DESC
DIM 1
DIM 2
UNITS
QL UNIT PRICE
RCN
AYB EYB DT ECON
FUNC SP SP% RCNLD
MKT VALUE
180595
110167
AV CPT FLAT/SHED RF
0
0
360.00
A 8.43
3,035
1970 1970 2R
607
600
DET.CARPORT
180596
110167
MISC BUILD. AV
0
0
204.00
A 15.05
3,070
1970 1970 2R
614
600
00000000000
180597
110168
Roof Scr Por/Slab AV
00
225,00
A 18.40
4,140
1970 1970 2R
828
800
--------------- — ... ---- - ------- ------------- — —--------- ------ __.._ . .
.AND
D# USE DESC FRONT DEPTH UNITS/TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE
140634 SINGLE FAMILY RES 1.00 -LT 135000.00 SZ70 229500
1 of 3 06/06/2019, 4:12 P
;hatham County Board of Assessors: 2018 Property Record Card ... http://boa.chathamcounty.org/DesktopModules/ChathamCountyB...
2018 Chatham- -13-021
Property RecordCard 109 JONES AVE TYBEE ISLAND
BUILDING SECTION. CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FDNC OBSV / % TOTAL DEP % RCNLD U.FACTOR MKT VAL
110167-1-2018 11Residential97,078 1959 1970 MS 59.00 0.00 0.00 0.00 59.00 39,802 79,600
-------------------------------------------------------------------------------------------------------
17'
of 3
-------------------------------------------------------------------------
[Click for larger picture]
DOG PRESENT,MBDA 10X18 P.P.
SECTION TYPE
1 - Main
AREA
1049
TYPE
1 - Single-family Residence
FRAME
3 - Masonry Frame
STYLE
1 - One Story
QUALITY
3.00
CONDITION
3.00
# UNITS
0
# OF BEDS / BATHS
2/1.00
COMPONENTS
Units
% QUAL
R1
163
Masonry, Concrete Block
100.00
R2
208
Composition Shingle
100.00
R3
309
Forced Air Furnace
100.00
R4
402
Automatic Floor Cover Allowance
R6
601
Plumbing Fixtures (#)
5.00
i
i
R6
602
Plumbing Rough -ins (#)
1.00
i
R6
622
Raised Subfloor (% or SF)
100.00 I
R7
721
Carport, Flat Roof (SF)
128.00
I
R11
909
Enclosed Porch (SF), Solid Walls
64.00
06/06/2019, 4;12 PN
Chatham County Board of Assessors: 2018 Property Record Card ... http://boa.chathamcounty.org/DesktopModules/ChathamCounty/B...
2018 Chatham County Board of Assessors 4-0003-13-0;E
Property Record Card 109 JONES AVE TYBEE ISLAND
3 of 06/00/2019,4:129M
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(2) A second set of stairs from an existing elevated home or existing home to be elevated in
the future may encroach into the setback upon approval of the zoning administrator. The
stairs shall encroach as little as possible into the setback.
(B) Schedule of other than residential districts (commercial, maritime and transitional business -
residential) dimensional requirements *.
* Zone Minimum Lot Front Rear (feet) Side (feet) I Maximum
Area (square Yard Structure Height
feet) (feet)
*1(A) (Not applicable 0 None required None required 35
to allowed uses) except 15 feet if except 15 feet if
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bordering bordering
residential use. residential use.
C -1(B) (Not applicable 8 6 5 35 I
to allowed uses)
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Family 6,750
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stairs shall encroach as little as possible into the setback.
(B) Schedule of other than residential districts (commercial, maritime and transitional business -
residential) dimensional requirements *.
* Zone Minimum Lot Front Rear (feet) Side (feet) I Maximum
Area (square Yard Structure Height
feet) (feet)
*1(A) (Not applicable 0 None required None required 35
to allowed uses) except 15 feet if except 15 feet if
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bordering bordering
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*When abutting public streets, any principal structure shall be located no nearer than five feet
to that lot line.
** Where a commercial establishment abuts a residential zoning, a suitable screen will be
required. See section 3-160. This screen shall be either natural (planting) or manmade and shall
be maintained in good order and approved by the zoning administrator. Minimum height is six
feet.
*** C -1(A) Retail uses and food/beverage service uses.
C -1(B) Hotel and motel uses, with 80 percent maximum lot coverage.
C -1(C) Residential uses, including single-family, two-family, and multi -family (triplexes,
quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar
uses), bed and breakfast uses, and public structures.
(C) Structures above 35 feet. If a variance is granted by the mayor and council for a building with a
height in excess of 35 feet, in no event shall a building permit be granted without the following
restrictions:
(1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards
consisting of sprinkler systems, smoke detectors and any other fire protection measures
deemed necessary at the time by the mayor and council.
(2) Before a permit can be granted on said request, an affidavit of the builder and owner
must be executed agreeing to same to be completed within an agreed upon reasonable
time.
(D) Calculating maximum height for development on existing structures or slabs. In any situation,-
including
ituation,including specifically but not limited to, the batteries that were formerly part of Fcrt Screven,
Mere new construction or remodeling of existing improvements is proposed, the elevation for
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11112 Venzon 8:14 PM 78%
SherriSimmons
Saturday at 5.,28 PM
Planning Commission Meeting AGENDA June 17, 2019
at 7*00 p.m. PC reports to City Council and then they
will discuss these issues at their meeting on July 11,
2019 at 7:00 p.m. If any of' the following issues
concern you, go to the meeting, or at least watch on
channel 7. Let the PC members know your opinion.
SUBDIVISION OF LAND,: REQUESTING TO DIVIDE
PROPERTY BACK INTO 3 SINGLEFAMILY LOTS- 109
JONES AVE- THOMAS A. SMITH. This is the Sasser's
old house, The plan is to tear down the house and
build 3 houses there. Everyone has property rights,
but this is an example of what's happening all over
Discussion only:
1. Home Base Business and Home Occupation
Business
2. Changing to buildable area requirement rather than
simpIy lot size.
3. Requiring 100 percent (less driveway) greenspace
in col-kn'-1/c
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