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HomeMy Public PortalAbout20200210_PC_PACKET.pdfDemery Bishop Ron Bossick Charles Matlock Elaine T. McGruder David McNaughton J. Whitley Reynolds Alan Robertson A. Call to order: Planning Commission Meeting N11TA61MMMILTITHIM1,1 v-swazanir, . George Shaw AGENDA February 10, 2020 — 7:00 p.m. For City Council Meeting March 12, 2020 — 7: 00 p. m. B. Planning Commission Oath administered by Mayor Shirley Sessions (2 -year terms end January 31, 2022): 1. Demery Bishop 2. Ron Bossick 3. Elaine T. McGruder 4. J. Whitley Reynolds C. Elections: 1. Chair 2. Vice Chair D. Consideration of Minutes: 1. Minutes of January 13, 2019 E. Disclosures/Recusals: F. Old Business: I �II�;I I� 111 ' ��IIM II 1. Information: Susan Kimbrell —1.008 Bay Street, Tybee Island Ga. Updates on property at Polk and Solomon. G. New Business: 1. Variance: consideration of request for setback variances of 4'9" on west side, 10'3" on north side, 2' on south side for primary structure and a variance of 12' for stairs on south side. -10 Robinson Ave. —Zone R-1—Pin 40002 08005 —Joseph Mikielian. 2. Site Plan with Variance: consideration of two foot setback and reduction of required square footage for a duplex on lot —lot 325 on Naylor Ave. —Zone R -T — 40020 05005 — Christa Rader. 3. Special review: adding a temporary modular building on south side of City Hall — 403 Butler Avenue — 40004 21001— Zone PC — City of Tybee Island. H. Discussion: 1. on recent changes in the Shore Protection Act. 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. Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson Planning Commission MINUTES January 13, 21 Chair Bishop called the January 13, 2020 Tybee h Commissioners present were David McNaughton, and Alan Robertson. Tina Gann was absent. ROMMY IM311M I'll -IT f j) -E IZIEUCY- ►11& Vru.*T George Shaw Commission meetinp, to order. Ron Bossick Consideration of Minutes: Chair Bishop asked for consideration of the December 16, 2019 minutes. Commissioner Alan Robertson made a motion to approve. Vice Chair Ron Bossick seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: Information: Susan Kimbrell — 1008 Bav Street. Tvbee Island Ga. Updates on DrODertv at Polk Susan Kimbrell approached the Planning Commission and stated she lives at 1.008 Bay Street, Tybee Island and she represents Forty Tybee Citizens concerned about the development of the Polk and Solomon property. She stated their mission statement is to ensure the environmental, legal and ethical concerns are addressed in the proposed development of the property located at the comer of Polk and Solomon. She stated one of their concern is how were utility and sewer lines approved when a document from Whitaker Labs states the EPD does not allow utility lines laid through landfill. She also stated they hope the Planning Commission and City Council will maintain a watchful eye over any and all activity related to the development of this property. Ensuring that legal, ethical, moral and environmentally sound practices are followed in the best interest of all of the Tybee Citizens. New Business: Zoning Variance: encroach rear setback with steps to maximize porch area —11 Bright Street — 40002 15006 — Zone R -l -B — Mike and Deb Goldberg. George Shaw approached the Planning Commission and stated the petitioner Mr. Goldberg has been in the process of building a new house at 11 Bright Street and designed it within all the setbacks and now has decided that he would like more space on the back porch. That is why he is here today to ask for a variance of three and a half feet into the rear setback. Staff does not see this as a hardship and recommends denial. Mr. Goldberg approached the Planning Commission and stated he lives at 8 Logan Street, Tybee Tsland. Mr. Goldberg stated him and his wife plan to retire at the 11 Bright Street address and realized the way it was designed just isn't enough room on the back porch and the steps need a shorter rise and that would take even more room from the porch. Commissioner David McNaughton asked if he considered a spiral staircase. Mr. Goldberg stated they do have two on the front of the house and most of those have an eight inch rise and he would rather have a traditional set in the rear with a lower rise. Commissioner Alan Robertson made a motion to Deny. Commissioner David McNaughton seconded. The vote to Deny was unanimous. Text Amendment: Definitions for home based business. George Shaw approached the Planning Commission and stated over the summer the Mayor asked us to review the home based and home occupation ordinance. After some time going back and forth we came to an acceptable conclusion which has been passed and in the process the attorney noticed it created a small conflict with our definitions and this is a correction of the definition that goes with the new ordinance. Vice Chair Ron Bossick made a motion to approve. Commissioner Marianne Bramble seconded. The vote to approve was unanimous. Lisa L. Schi Meeting Ad WrIr Pleaseput me on agenda t #Planning Commission on Februaryfor i i on property at Polk and Solomon. Thank you, Susan 1 • • Sri I lt,3),-10 My name is Susan Kimbrell and I live at 1008 Bay St. I represent 40 Tybee Citizens concerned Rbout the development at Polk and Solomon. - MM "We" TIR. ST R 112 RIM 'I I III YRV'JMTUTs process or researcirtyrig T j1_Zt"j?9= shed light on some of the previous inconsistencies, lack of oversight, and guidance that was previously accepted as "business as usual." It is our hope that changes will be evident as we move into 2020. 1. iI MI•rT" - -IMTV�� n 3�T7�11mm=7 addressed in the proposed development of the property located at the corner of Polk and Solomon. As a group, we continue to have many concerns related to the proposed development of the property at Polk and Solomon. On December 16, 2019 after our presentation to the December 12 Tybee City Council meeting, we did receive 9 different studies as a result of our open records request of December loth . These documents dated back to a Phase I Environmental Site Assessment which was accomplished in January 2000. Appendix D was not included in this report. Also, we have yet to receive the second half of the Wetlands Map done April 20, 2015. A second request was made on December lqth which was originally requested on December llth. It is frustrating to receive no or partial reports from our open records requests when Georgia Code Title 50-18-71(b)(1)(1) states, "Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request." The three business day timeline has never been met on any of our requests. One of the studies we did receive which caused us great concern was a Buried Debris Investigation performed on November 30, 2009. This investigation was accomplished on behalf of Mr. Anthony Adams. You may recall that Mr. Adams filed a lawsuit against the City of Tybee in 2012 due to water and soil contamination on the property. Prior to Mr. Adams lawsuit, Mr. Tom Sullivan who purchased the property in May 2006 for $4.5 million, sent a letter on February 2008 to the City of Tybee asking why no cleanup of the property had been done prior to the water and sewer infrastructure being placed in 2007. In February 2008, Mr. Sullivan withdrew his application for zoning variances of these non -conforming substandard lots as recognized in Sec. 3-040 of the Code of Ordinances for the City of Tybee. Mr. Sullivan then sold the property to Mr. Adams in May of 2008 for $4 million. Both owners lost a great deal of money in their attempts to develop this tract of land. In each case, the banks ended up with these properties. In regard to Buried Debris Investigation of 2009, Whitaker Labs stated, "we recommend any further development of the parcel cease until all environmental/potential issues are satisfactorily resolved". Also, on Page 3 of the same document, it was noted "'that the Georgia EPD does not allow utility lines to be laid through landfilled material." EPD rule 391-3-5.20(6) states "that water lines must not be installed in contaminated areas such as sanitary landfill or dump areas." How was the installation of water and sewer lines ever approved? The property was clearly used as a dumping ground, as cited in previous studies. Page 5 also highlighted the I- Its We have been advised that no permits have come before council or the Planning Commission, morally, in the development of this tract of land. We also want to ensure that all parties involved, including the owner and potential buyers, are aware of previous issues with this tract *f land. We hope that the new owner, Mr. Christensen, has performed his due diligence in regard to this property and obtains all permits required. At the bottom of the City of Tybee Island's City Council agenda page is a logo which states, "'Certified City of Ethics." We must hold each responsible party accountable for fulfilling the ethical obligation in regard to this property as well as other City activities and interests.. We hope that the Planning and Zoning Committee and the Tybee City Council maintain a watchf eye over any and all activity related to the development of this property, ensuring that lega 11 ethical, moral and environmentally sound practices are followed in the best interest of all of Tybee's citizens. agendaPlease put me on the on January 13 for updates on the property at Polk d Solomon. Good Evening. My name is Susan Kimbrell. I am a resident of Tybee Island at 1008 Bay St. I am here again representing Tybee citizens concerned about the process being used in the development of the 4.05 -acre tract of land located at Solomon and Polk. I'm happy to say that our numbers and interest continues to grow. Last month I could not get on your agenda to speak so I presented each of you with a copy of my November 14 presentation to City Council. We have many concerns about this property and how it is being developed. Just to highlight from my previous presentation: We have y has shown contamination of the soil. How will these additional lots affect our current infrastructure? Does this property truly qualify as a subdivision with many substandard lots? been filed against the city in reference to this land. Is the builder/developer of this property aware of these previous problems? We understand that no permits have come before you, but we want to make sure that all is handled properly in the development of this tract of land. Our Open Records Act request asked for all documentation related to Solomon and Polk proved to be somewhat fruitless. Part of the documentation we received was 2 pages of a study accomplished by Whitaker Labs. It contained no analytical data. Through other sources, we were able to obtain the document in full. It's actually 35 pages, complete with analytical results. This document, dated May 1, 2006, is the Preliminary Groundwater Contamination Screening which was accomplished by Whitaker Laboratories. Analysis revealed that lead and chromium concentrations exceeded the allowable levels as defined by the GA EPD for both drinking water and in -stream water quality standards. Has information on the current levels been obtai-iled? Again, as a result of our Open Records Request last month, we were given % of a map showing the property under discussion, complete with the indication of wetlands. However, the date it was accomplished was not visible on the portion that we were provided. Per William M. Rutlin, Chief, Coast Branch, Regulatory Division, US Army Corps of Engineers, Savannah District. The Corps regulatory program regulates the discharge (placement) of dredged or fill materials in waters of the US, including wetlands, under Section 404 of the Clean Water Act. The studies are valid for only five years. When was the last study accomplished? In conclusion, in the Tybee Code of Ordinances under Article 10 -Subdivision Regulations it states in Sec. 10-040 — Purpose 1� -IVJI� q- I.. (A) To help conserve and protect the natural, economic, and scenic resources of the city. (G) To help protect the investments of the buyers of subdivision lots. and welfare of the citizens 0 the city, and for other purposes. For those of you leaving office tonight, we thank you for your time and consideration in this matter. We welcome further discussions with the new Planning Commission. * r r Please commission on i' 6.. Thank i Susan Kimbrell Lisa Schaaf From: Demery Bishop Sent: Wednesday, November 27, 2019 7:13 AM To: Lisa Schaaf Subject: Re: person wishing to speak Lisa: It is fine but comments should be limited to no more than 5 minutes. Demery On Nov 26, 2019, at 3:28 PM, Lisa Schaaf <Ischaaf@cityoftybee.org> wrote: Hi Demery, The attached is a letter from Susan Kimbrell. She would like to speak at the December planning commission. She didn't put what it is about but I know it is about the Polk street area. George stated the it is up to you if you want her to speak or not. City of Tybee Island Planning and Zoning Office: 912.472.5033 Fax: 912.786.9539 <scan.pdf> PLANNING COMMISSION MEETING: February 10, 2020 CITY COUNCIL MEETING: March 12, 2020 LOCATION: Lot 10 Robinson Ave. (at Sprucewood Ave.) PIN: 40002 08005 OWNER: Joseph Mikielian 1 a, ZONING: R-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER : 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 and a third time in 2017 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 -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 requested variances are 12' from the front setback requirement, 4'9" from the west side required setback, and 10'3" from the required rear setback. 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). 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. SAGIS map (I page) C. photos of existing conditions (I page) D. Survey showing existing foundation, dated October 5, 2012 (1 page) E. Rendering of proposed single-family dwelling (I page) WN Comprehensive Plan — Community Character Area The Ft. Screven Historic District Recommended Development Strategies Meets Strategy YIN or NIA_ 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 T 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). 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. SAGIS map (I page) C. photos of existing conditions (I page) D. Survey showing existing foundation, dated October 5, 2012 (1 page) E. Rendering of proposed single-family dwelling (I page) WN Fee Commercial $500 Residential $200 CITY OF TYBEE ISLAND VARIANCE APPLICATION from the Tybee Island Land Development Code Applicant: K LK47 Teleqhon Aciclress�� Mailing Adclress-14.�- *Note: If the applicant is not the property owner as listed on the property deed, a letter from the listed owner(s), including a telephone number and address along with any other relevant information, authorizing the applicant to act in their behalf must be included in the application. PROCED1PS: Application Requirements All applications must be complete, including required supporting documents. Drawings or surveys will be 11" X 17"r or larger. Incomplete applications will not be accepted and will delay review. Application Deadline Applications are due by 4:00 p.m. of the last day of the month before the next scheduled Planning Commission meeting. Application Submittal I keturn one copy of this completed application and all supporting documents to: Tybee Island Planning a Zoning, City Hall, 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328 1 Application Public Hearings Applications will be heard at a public hearing before the Planning Commission on the third Monday of ea month, followed by a final decision by City Council at another public hearing on the second Tuesday of t following month. Each hearing will be held at 7 p.m. at the Public Safety Building, 78 Van Horn Dr. I- azlmlb�' - • r -4"k La Mcation- Description if rG t 0 COS' Current Zoning: Tax Map/Parcel ID#: Existing use of Property: I Em M1 1. Does the requested variance change the Tybee Island character designation for the property as described in the Master Plan? If so, provide a brief explanation. 01 2. Please explain the purpose of the requested variance and the intended development of the subject property if the variance is granted. 3. Please explain the specific provision within the Tybee Island Land Development Code from which the variance is requested. Ck" V-- 4. Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not make a recommendation on a variance from the terms •' the Land Development Code unless it has met the following. Please 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 • topographical condition of the property involved would result in unnecessary hardship for the owner, lessee or occupants as distinguished •, a mere inconvenience. 6' C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning district as the subject property. C, An 0 V!) -F e-f1VMrCr' 4S&44 �- S&4�4- X� lk-- -AV 14, 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 requested variance will not conflict with Sec. 26 -70 -Amendments and modificatio to the Fire -Pr�vention Code of the Tybee Island Code of Ordinances or endanger the public. i F. The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structures. iii M Adjacent Propeft Owners Please list all current owners of properties • 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 • by using the website at www.boa.chathamcounty.org The accuracy and completeness • this information shall be the responsibility of the applicant. 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. (Hal-&17ip means tl7e drcum5tances wliere special condItIons, W707 were not Self-created or created by a prior owner affect a paltIcular property and make strict conformity wit17 tl7e restrIctlons governIng dimensional standar& (sucI7 as lot area, width, setback5, yard requirements, or buildIng 17elgl7t) unnecessarIly burdensome or unreasonable In 11gl7t of Me purpose of t1715 code. Unnecessary hardsl7lp Is present only wl7ere, In the absence of a variance, no feasible use can be made of die property.) 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 undwiT hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding erties and on the subject prope[b& indicating uniqueness, etc. 5-090 (B) Hei ql7t No part of any structure shall project beyond 35 -feet above the average adjacent grade of a property except: (1) See section 2-010 terms and definitions; height of building. (2) The following items that were existing on the date of the adoption of this section; flag poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission line towers, and electric substation structures. The Applicant certifies that NONNI)fl I;;- K -I he/she has read the requirements for Variances and has provided the required ;/her ability in a truthful and honest manner. atel 5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a periog 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 public hearings by the Tybee Island Planning Commission and City Council. I have been made aware and I hereby acknowledge the scheduled hearing dates/times and location where this application will be considered. 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 inspect the property which is the subject of this application. Signature of Applicant Aftl� Date— 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 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; 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. ff-�= MM 711-M- 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 /7111- , PLEASE COMPLETE OLL I : NAME OF CONTRIBUTIONS GI S DATE OF OV $250.00 250.00 CONTRIBUTION OFFICIAL ORMORE OR MORE • ' f '" ` i ' • `" • • i' ` i' ` i Signature Printed Name 01 Date Sec. 5-090. Variances. VA 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 inthis Land Development Code only ifthe following findings are made: (1) That there are unique physical circumstances or conditions beyond that ofsurrounding properties, including irregularity, narrowness, or shallowness of the lot size or shapef or exceptional topographical or other physical conditions, peculiar to the particular property; and, (J) 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. (D) Height vafiances 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) [Rew�eworgusnanne applXcationc]Thestaff,p(enningcommission,andgnverningbody,sha||oonsiderthefactorsstatedheeinin 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 nfthese regulations. (E) [Application aponrmel.]Notwithstanding any other provisions ofthe Code ofOrdinances, the staff ofthe 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 ofthe following circumstances exists: a. The proposed improvement of 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. D. When each ofthe 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 hzexisting nonconforming structures asreferred toin_�jecti2n 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 _3-190aswell asthe public hearing requirements referred toin_secUo]5-060. In the event the staff request review bythe planning commission and the planning commission rejects the request, the applicant may apply for the granting of variance and follow the procedure applicable tosuch request before mayor and council. (F) Compliance with ordinances. Notwithstanding any other provision of the 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 Ordinance does not excuse prior violations including those that have resulted ormay result inenforcement action bythe City ofTybeeIsland. Type: WD Kind: WARRANTY DEED Recorded: 4/10/2019 2:51:00 PM Fee Amt: $123.00 Page 1 of 2 Transfer Tax: $111.00 Chatham, Ga. Clerk Superior Court Tammie Mosley Clerk Superior Court Participant ID: 8087571189 Brannen, Searcy & Smith, LLP P.O. Box 8002 Savannah, GA 34412 9702.6522 i I I COUNTY -OF CHATHAM THIS INDENTURE, made this 1-0' day of April in the year Two Thousand and Nineteen; BETWEEN Frances B. Wiley and Nancy B. Rues, as party or parties of the first part, hereinafter called GRANTOR, and Joseph Mikielian, as party or parties of the second part, hereinafte"r called GRANTEE (the - words "Grantor" and "Grantee" to include their respective heirs, successors, and assigns where the context requires or permits.) WITNESSETH thdt' Grantor, for and in consideration of the sum of Ten Dollars and no/100 and other -good and valuable consideration ($10.00) in hand paid at and before the sealingand delivery of these presents, the receipt whereof is hereby acknowledged, has granted., bargained, gained, sold, alined, conveyed, and confirmed,. and by these presents does grant, bar&in, sell, alien, convey, and confirm unto the said Grantee, all of his interest in the following described property, to -wit: ALL that certain lot, tract or parcel of land situate, lying 'and being- in the Town of Savannah Beach, Tybee Island, Chatham County, Georgia, and known upon a map of the said Savannah Beach and on the map in March, 1946, for the Fort Screven Devel6oment :Company by. William J. Lynch, R.E., which said map is of record 'in the Office of the Clerk of Superior Court of Chatham County, Georgia; in Map Book " A", Page 94-E as. Lot Numbered Ten (10), Block 23, Fort Screven Ward, the same having a frontage on Robinson Avenue of Sixty- five (65) feet and a rectangular depth Northwardly of Fifty-three (53) feet, more or less, and being bounded as follows: On the North by Lot Numbered Nine( -9)j Block 23; on the East by an unnamed Street; on the South by Robinson Avenue; and on the West by Sprucewood Street; all of which',will appear by reference to the said map. This being the same property conveyed to Grantor herein by Warranty Deed dated September 28, 2012, recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia in Deed Book 381-E, Page 200.Subject to any Easements or Restrictions of Record. TO HAVE AND TO HOLD the said tract or parcel of land, with all and singular the rights, members, and appurtenances thereof, to the same being, belonging, or in anywise appertaining to the only proper use, benefit, and behoof of the said Grantee forever in FEE SIMPLE. Grantor expressly covenants that Grantor is seized of said property in good fee simple title and that Grantor has the full right, power and authority to convey the same; that the said property and the Grantor thereof are free and clear of any liens, claims or encumbrances whatever whereby the title to said property may anywise be charged, changed, impaired or defeated and that the Grantor will forever WARRANT and DEFEND the said premises against the lawful claims of all persons owning, holding or claiming by, through or under the said Grantor. IN WITNESS WHEREOF, the Grantor has signed and sealed this Deed, the day and year above written. Signed, sealed, and delivered in the presence of:% • Witness Franns It. Wile by etty utrell as Attorney in Fact 40 MYCOMM �s _ C") EXPIRES 7C '. AUG. 3, 2019t COUN-0 Nancy B. Hugfies by Betty Futrell as Attdrney in Fact J -..... e A MYCOMM. C--) ; EXPIRES AUG. 3,2019 d °Li'�,, MAY014 Jason nuefterman CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Jackson Butler Wanda D�)yle Julie Livingston Monty Parks Petitioner: Mack Kitchens CITY OF TY -BEE ISLAND CITY MANAGER Shawn Gillen CITY ATTORNEY Edw-l"d K Hughes VOU Description: Consideration of request for setback variances of 4'9"' on west side, 10'3 " on north side, 2' on south side for primary structure and a variance of 12' for stairs on south side. MayoE"� e Date Date Date Date P.O. Box 2749 -- 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 — FAX (912) 786-5737 wwwxityoftybee.org Chatham County, Georgia 1 of 1 https://www.chathamtax. org/PT/Datalets/PrintDatalet. aspx?pin=4... PARID: 40002 08005 Cycle WILEY & HUGHES FRANCES B & NANCY B` 10 ROBINSON AVE Tax Commissioner Summary 1 Status ACTIVE Alternate ID 2997769 Bill # 2997769 Tax District/Description 040-TYBEE Legal Description LOT 10 BLOCK 23 FORT SCREVEN WAR D TYBEE ISLAND SAVANNAH BEA CH Appeal Status 1 Parcel Status 1 Parcel Deferral Years Total Status Exist Support Millage Rate Active No 34.3550 Parcel Information 1,195.36 Property Class R3 - Residential Lots Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Address 1 Address 2 City State Zip MIKIELIAN JOSEPH 19 CATARACT STREET WORCESTER MA 01602 Digest Owner (January 1) Owner Co -Owner Address 1 Address 2 City State Zip WILEY & HUGHES FRANCES B & NANCY B' 4592 N BROWNING BRIDGE RD GAINESVILLE GA 30506 Tax (Penalties and Interest Included through Current Date) Year Cycle 2019 1 2018 1 2017 1 2016 1 2015 1 2014 1 2013 1 2012 1 2011 1 2010 1 2009 1 898.96 Total: Values Billed 100% Original 69,000 Classified 0 Appeal Value 0 Status Flag 889.23 Billed Paid Due 948.20 -948.20 0.00 948.21 -948.21 0.00 889.23 -889.23 0.00 889.21 -889.21 0.00 858.77 -85877 0.00 838.94 -838.94 0.00 802.43 -802.43 0.00 898.96 -898.96 0.00 1,195.36 -1,195.36 0.00 1,641.09 -1,641.09 0.00 1,719.52 -1,719.52 0.00 11,629.92 -11,629.92 0.00 40% 27,600 0 0 1/23/2020, 4:51 P c. -q a a 0 6 v.p -E- z 0 E 0 :3� 0 o -a 0 --c c i>— , -E " "o a.. --a a .2 E a -..o 13-389 E T W"- Clld :3 C-4 0 0 4) '0�-.--.o. . g �o.:F a E >3':'0'E-0 a :E -a 0 o (D o°° u z -1 0 -.-E a 3�2) 3: ga a > -0 �.<:E (D 0) �c ;;2 do 0 oM.F. B 0��<x Sm 2 FE c CD Q - 0 E ..a a mW 'a E W< 'a' 2 B:F' . 0 p%® no E > 3:.F '42 E c 0- C; R, 00- a 0 .0 W 0 (D < R 0 0� 0-5 �W�V— — x() 'c 0 0 0- a F 6 P2. a 00"" . a -2 <z 0 E L . 0 .5 a 2 > G N E -a.ml E 0 F E o-- 0 3:: 6 m E -a a 0 . �j. v, co a.5 -x. , I:p -6 0 0 m .2 o_. f . - 0 0- E E C a 0 00 0 P . w. 0 --p :5� .0- 0- ,a °2o .0o .?.!p E ww' E 2 --.T M'o-aw mw. Grid North m E 5 Ga. East Zone, NAD83 0. E o E 0 0 73 N II Q2 Z� 0 M p. -a 08 a 0 - a V) - (D M: Lu pt 0 � '8 0 0m M :Ei 2 z a- C) OF- xz0 C14 L 0 1 .0 Moo < V) a Ln ®re s a- a. 2 0 < h 0 M < ID r_ 0 V) oN O Nc 0 0 cl ops 00 -Do a) com > a- . � o, < ID — .0 x 0 v a 0 h a 2, J�l E "0- 10 'S (10 x S0 iii Aaf > C14 x > x 10mo I M / &-1 " 00 00) I all. x C14 x co An � 0 10 a3 >0 QOOD c CD cL– –0i 0i In x a, ad 0�0 X x x I > ..a W�p 0 X x ED atea YYO 4F x (L x x C; 4� 1110 x x "Zo X-9 x �b64tC) 41� -l- x 1 V 0c, 60, (10 1 4Z, 16 17 11 411/0 0 cq x 0 C9 .0 '00 Q0 0 -0 04f X 0 E 'E x 3 ¢a0, - :P0 a a cn. ®a > �E -E -H . 13. Z -e 61.2 - .0 Ow nt > 0 0 :L ESO .E 10 a ;a 0, a > > (AMM -E am 'a a 00-00—z x z 0 A- E a- -C � M o ;d U. - z a x M z ED x 0 (D 1 0 /°–w M.2 com z 3:0- Ir" :E a <—Wua.¢z X. LOCATION: Lot 325 on Naylor Ave. across from Wilson PIN: 40020 05005 APPLICANT: Mack Kitchens OWNER: Christa Rader EXISTING USE: Vacant lot PROPOSED USE: Two-family dwelling ZONING: R -T 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 a setback variance of two feet from the side yard setback and a reduction of the required square footage in order to build a duplex on the lot ANALYSIS: While the irregular shape of the lot may cause some design concerns the lot is certainly large enough to develop a single family home. The requested variance does not meet the "hardship" test outlined in Land Development Code Section 5-090 (A): (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, 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. The required setbacks leave enough room for an approximately 1800 square foot building footprint. Two stories over parking would be a 3600 square foot house. This lot is clearly developable and staff see no hardship present. The desire to build a duplex does not constitute a hardship. The Comprehensive Plan describes the Ft. Screven Historic District in which it lies 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, townhomeslcondominiums, 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. Comprehensive Plan — Community Character Area The Ft. Screven Historic District Recommended Development Strategies MeeIs Strategy STAFF FINDING The lot does not meet the minimum lot size for a duplex in the R -T district but has more than enough space to develop a large single family home. Staff recommends denial of the application. ATTACHMENTS A. YIN or NIA 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 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 The lot does not meet the minimum lot size for a duplex in the R -T district but has more than enough space to develop a large single family home. Staff recommends denial of the application. ATTACHMENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map 0j, This Staff Report was prepared by George Shaw. CITY OF TYBEE ISLAND V SITE PLAN APPROVAL WITH VARIANCE APPLICATION. Applicant's Name 3,2,S- Nq� ior Ave. Address and location of subject property Applicant's Mailing Address Applicant's Telephone Number Site Plan Fee Commercial $500 Residential $250 Variance Fee Commercial $500 Residential $200 Brief des'ption'of the land development activity and use of the land thereafter to take place on the property: VLb Explain the requested variance A2646 1-923, V4, Z Explain the hardship Property Owner's Name Property Owner's Address Is Applicant the Property Owner? Telephone Number Yes /—N o QWM 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. 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 applicationjor this zoning action. Qat4 NOTE: Other specific data is required for each type of Site Plan Approval with Variance. ... .......................... ................................................................................................. .................. .......... . ......................................... ............................... - ..................................................................................... Fee Amount $A156--ocz, Check Number Date City OffIcial NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. I copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval with Variance and has provided the required informatiop/b/the best of his/her ability in a truthful and honest manner. Dat landscaping 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and plan. Disclosure of Campaign Contributions 5-040 (D)(1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. I copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. 5-040 (Q)(2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090_(A)_(1J That 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; That because of such physical circumstances or conditions or considerations, the property cannot 5-090 (A) (2) be developed in strict conformity with the provisions of this 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, No part of any structure shall project beyond 35 -feet above the average finished grade of a property except: chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, and similar appurtenances needed to operate and maintain the building on which they are located. 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. The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval with Variance and has provided the required informatiop/b/the best of his/her ability in a truthful and honest manner. Dat e ;, 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 NAME OF CONTRIBUTIONS GOVERNMENT OF $250.00 OR OFFICIAL MORE GIFTS OF $250.00 DATE OF OR MORECONTRIBUTION • ' t i . . , i . It, . i 1 11 � • � �` • i" 1 . i i i' • i' • � i' Signature Printed Name Date Ab Sec. 5-080. - Site plan approval. The site plan approval process is intended to provide the general public, planning commission, and mayor and council with information pertinent to how a new development will affect the surrounding area and the city as a whole and to ensure compliance with all applicable regulations and considerations as hereinafter stated. Where a variance, special review, or any other land development activity is involved in connection with a site plan, the standards applicable to the variance, special review, and/or land development activity applied for shall apply. (A) Process. Upon submittal of the site plan, the designated city official will review the site plan or noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the city's consulting engineer. Once the engineer has submitted comments to the designated city official, a public hearing before the planning commission shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this Land Development Code. Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and council will not consider the plan. In addition to all other requirements, any applicant for a site plan must identify all prior site plan applications made by the applicant, any affiliates/relatives, corporate or business entities in which the applicant has had an interest for the property which is the subject matter of the current application. The applicant must identify any parking meters proposed to be eliminated from city rights-of- way by the proposed site plan implementation. The applicant must demonstrate compliance with all other applicable ordinances including but not limited to stormwater, flood damage prevention, and buffering. In considering a site plan, the mayor and council may consider whether the proposed development will be unreasonably detrimental to adjacent or nearby uses and whether the proposed development will adversely impact existing conditions in the overall neighborhood, including but not limited to: (1) The impact or lack thereof on available resources and utilities. (2) Whether the proposed development is of a scale and mass so as to be compatible with the character of the neighborhood. (3) Whether the proposed development is consistent with the character area under the master plan. (4) Density considerations for the neighborhood including demands on infrastructure, traffic, and other relevant factors. In considering a site plan, the mayor and council may approve or deny the application as submitted, or add or delete conditions appropriate to protecting the interest of the applicant as well as those of nearby properties. Buffering requirements beyond those expressly identified may also be imposed. If conditions are added or deleted the applicant must subsequently submit a revised plan of the proposed development to the designated city official and all such conditions that had been added or deleted must be accepted by the city's consulting engineer. If all of the foregoing requirements have been satisfied and further if the mayor and council find that the benefits of and need for the proposed use and project are greater than any possible depreciating effects and damages to the neighboring properties, the application may be granted. (B) Other zoning actions. Because special review, variances and map amendments require site plans, site plan review may be the first step in the permitting process, however, the site plan should identify any other zoning actions necessary in order for the intended development to be constructed so that a public hearing can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan approval should encompass approval of all other zoning actions necessary to accomplish the development, however, if the intended development is to be altered from an approved site plan, additional public hearing and review is necessary if an additional special review, variance or map amendment is necessitated by the proposed alteration. (C) Site plan longevity. After a site plan has been approved by the mayor and council it shall be valid for a period of 18 months from the date of approval. If a building permit has not been obtained and work has not begun, the site plan approval shall be void and a new application must be submitted for site plan approval. (Ord. No. 1999-26, 8-12-1999; Ord. No. 2002-15, 7-11-2002; Ord. No. 2002-15, amended 1-9-2003; Ord. No. 1999-26, amended 8-12-1999; Ord. No. 1999-19, amended 6-15-1999; Ord. No. No. 2005-14, § 1, 5-26-2005; Ord. No. 2005-14, § 1, 5-26-2005; Ord. No. 01-2015, § 1, 1-15-2015) Sec. 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, Rues, 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. (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, 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. (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, 12-11-20 Chatham County, Georgia PARID: 40020 05005 RADER CHRISTA C Tax Commissioner Summary Status Alternate ID Bill # Tax District/Description Legal Description Appeal Status Parcel Status Parcel Status Active Parcel Information https://www. chathamtax. org/PT/Datalets/PrintDatalet.aspx?pin=4... LULLWATER RD ACTIVE 2947268 2947268 040-TYBEE LOT 325 RESUB OF BUILDING PLOT I N FT WD SAVANNAH BEACH + PT OF S TREET Deferral Years Total Exist Support Millage Rate No 34.3550 Property Class R3 - Residential Lots Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Address 1 Address 2 City State Zip RADER CHRISTA C 1006 ASHLEY RD SAVANNAH GA 31410 Digest Owner (January 1) Owner Co -Owner Address 1 RADER CHRISTA C 1006 ASHLEY RD Tax (Penalties and Interest Included through Current Date) Year Cycle 2019 1 2018 1 2017 1 2016 1 2015 1 2014 1 2013 1 2012 1 2011 1 2010 1 2009 1 Total: 3,253.82 iT11tTL 100% Original 131,700 Classified 0 Appeal Value 0 1 of 1 Address 2 City State Zip SAVANNAH GA 31410 Billed Paid Due 1,809.83 -1,809.83 0.00 1,168.06 -1,168.06 0.00 1,697.24 -1,697.24 0.00 1,697.25 -1,697.25 0.00 1,735.29 -1,735.29 0.00 1,695.07 -1,695.07 0.00 1,708.84 -1,708.84 0.00 1,813.74 -1,813.74 0.00 2,379.08 -2,379.08 0.00 3,253.82 -3,253.82 0.00 3,122.47 -3,122.47 0.00 22,080.69 -22,080.69 0.00 40% 52,680 0 0 1/30/2020, 3:07 PM SAGIS Map Viewer 1/31/2020,12:21:24 PM 1:1,128 0 0.01 0.01 0.03 trti Effective Flood Zones (2018) AE -inside the 100 year Flood Zone 0 0.01 0.03 0.05 krn A- Inside the 100 year Flood Zone ,i AE Floo y - Inside a Regulatory Flood y VE - Inside the 100 year Flood Zone wl Velocity Hazard SAGIS X 500 - Inside the 500 year Flood Zone X - Outside the 500 year Flood Zone SAGiS Esr1 Community Maps Contributors, Savannah Area GIS, BuildingFootprintUSA, Esn, HERE, GarmK INCREMENT P, ME' ItNRSA USGS, EPIC NPS, US Census Bureau, USDA I SAGIS I Egli and Per SAGIS, this lot is rather flat. It's common for Applicant's consultants to properly address this with an acceptable drainage design. The side yard setback requested should not present any new drainage design challenge. Please advise if you need further detail or if this correspondence suffices I I STAFF REPORT PLANNING COMMISSION MEETING: February 10, 2020 CITY COUNCIL MEETING: March 12, 2020 LOCATION: Memorial Park (PIN 40004 2 100 1) APPLICANT: City of Tybee Island EXISTING USE: Park and Municipal Complex OWNER: City of Tybee Island ra ITGTIZVI� � � � �6 M r-9 ZONING: PC USE PERMITTED BY RIGHT: No COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Special review Section 4-050 (1) PC public parks —conservation district. PROPOSAL: The applicant is requesting to place a 24' x 56' modular building on the south side of City Hall for use as additional office space. ANALYSIS: This is a by right use in all parks except Memorial Park which requires special review. The proposed office space will help alleviate the crowding in City Hall after the renovations to the auditorium. The proposed use is in keeping with the PC land use district. The purpose of this zoning district is to create an area or areas to be conserved for public use, to preserve areas established by tradition and custom for public use, and to prevent development of these areas for other than approved public and/or municipal use. Permitted uses include parks public, playgrounds, ballparks, and/or sports arenas, picnic facilities, public schools, public libraries, public parking and municipal buildings/structures, other public uses as approved by the governing body of the City. The proposed office building meets the applicable Recommended Development Strategies outlined in the Comprehensive Plan, Section 1.2.6, Inland Cottage Neighborhood. Comprehensive Plan — Community Character Area Inland Cottage Neighborhood — Section 1. 2.6 Recommended Development Strategies Meets Strategy YIN or NIA_ 1. New development, redevelopment and restoration should be consistent with existing character an of the area in terms of mass, scale, use d density. Y 2. Permit only compatible uses including low density residential, public/institutional, and low impact commercial Y 3. Develop and implement design and architectural standards N/A 4. 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 encourage safety and mobility. N/A STAFF FINDING Staff recognizes the need for additional office space for City Hall staff. The use already exists in the park and is appropriate to the character area and the zoning district. There will be no negative effects of stormwater runoff. Staff recommends approval for this modular building. ATTACHMENTS A. Special Review application (5 pages) B. Description (I page) C. Construction drawings (5 page) D. SAGIS map (I page) 0 This Staff Report was prepared by George Shaw. CITY OF TYBEE ISLAND Fee $500 'W APPLICATION SPE-CIAL REVIE. App lic a nt's Name C1 -Ty 0 F TYBEi� JEL 06 Address and location of subject property -j03 Jo -TL& L—kg— PIN qOOOq Applicant's Telephone Number *L Y Applicant's Mailing Address Brief description of the land development activity and use of the land thereafter to t ke place on the property: I '3j4 0� C144 Q1 A LIA01 0- f Property Owner's Name 6o -T Telephone Number 7U- q57? vroperty Owner's Address 3c* -&g , Is Applicant the Property Owner? 61"Yes No MEMO= VM 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 MQA AA1 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; 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 thisZoning action. Fee Amount $ WMJ�El Date NOTE: Other specific data is required for each type of Special Review. Check Number N101M A detailed description of the proposed activities, hours of operation, or number of units. 8 copies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. Disclosure of Campaign Contributions form The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to ft best of his/her ability in a truthful and honest manner. /- Date havingHave you within the past two (2) years made campaign contributions or gave gifts an aggregate value of $250.00 or i to r member of of i` Island Planning Commission, or Mayor and Council or any local government official who will be considering ' • • application? 9M N NAME OF GOVERNMENT CONTRIBUTIONS i $250.00 ' OF OFFICIAL OF $250-00 OR MORE OR MORE CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. A Signature i L Printed Name Date 4 Sec. 5-07I . - Standards for special review. Land uses listed in Article 4 of this Land Development Code that are permitted after special review must follo an administrative procedure prior to the issuance of any land development permit. I (A) Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted after special review. The application to establish such use shall be approved by the mayor and council on a finding that: (1) The proposed use will not be contrary to the purpose of this Land Development Code; (2) The proposed use will not be contrary to the findings and recommendations of the master plan; (3) The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood or adversely affect the health and safety of residents and workers; (4) The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement associated with the use, noise or fumes generated by or as a result of the use, or type of physical activity associated with the land use; (5) The proposed use will not be affected adversely by the existing uses of adjacent properties; (6) The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use; (7) The parking and all development standards set forth for each particular use for which a permit may be granted will be met. )A itio al mitigation requirements. The planning commission may suggest and the mayor and council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.): (1) As may be necessary to protect the health and safety of workers and residents in the community; and (2) To protect the value and use of property in the general neighborhood. (C)Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any permit granted pursuant to the provisions of these regulations, noncompliance of any term, condition, or restrictions upon which such permit was granted, the mayor and council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing. (D) Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review 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 planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in. extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire. 611 iffMal CITY COUNCI L Barry Brown, Mayor Pro Tem John Branigin Jay Burke Nancy DeVetter Michael "Spec" Hosti Monty Parks iL �! Ni INI-117111r, � I 70SiM 'I I , I . it , M 1 -Mm" R larACHREFRIM -A R ''WortIALTSUM Jan LeViner The City of Tybee Island is proposing to install a 24 -foot by 56 -foot modular building between the grassy area between City Hall and the Library. This proposed building and sidewalk will create approximately 2000 square feet of additional impervious surface in the 413,613 Square Foot (9.49 Acre) City owned park. Since this building will be elevated, the impervious surface will remain under the footprint of the building. The additional surface drainage created by the modular building will drain in a northwesterly direction and will infiltrate into the existing ground before it has a chance to leave the City owned property. Since the additional drainage will be contained on the City owned lot there will be no adverse effects to neighboring property owners, therefore an official drainage plan should not be required for this project. I have attached a site plan showing the proposed first floor elevation and the proposed drainag* created by the proposed building. If you have any questions or concerns feel free to contact me at (912) 472-5041 or by email pcter.julbronson@c�itoft �bee.org Peter Gulbronson, P.E. P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 Certified (866) 786-4573 — FAX (866) 786-5737 City of www.cityoftyborg Ethics ee. DAVIS ENGINEERING, INC. PO Box 1663 Tybee Island, Georgia 31328 Tel. (912) 695-7262 dkdbus@gmail.com January 31, 2020 George Shaw Director of Community Services City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: 403 Butler — Modular Building Between City Hall and Library Dear Mr. Shaw: I have reviewed the site design submittal on the above referenced project for drainage compliance. The site layout is not showing proposed changes to the existing sheet flow drainage routes. The addition of the building adds 0.1 acres or impervious area to the drainage basin. During the upcoming cleaning of the dry basin on the north side of the north wing of the gym (old school), one or more sides will be moved outward up to 1-2 feet. This will provide additional storage to mitigate the small loss of pervious area in the park. With the detention storage, there should be no increased loading demand on the existing outfalt from pipes, up to and including the City's 25 -year design storm. Within the scope of plan review standards, to the best of my knowledge and belief, it is my opinion that, the site drainage design meets the requirements of the Land Development Code of the City of Tybee Island. Any recommendations do not relieve the project of the requirement to obtain any other required permits, approvals, etc... by any other governmental body or authority having jurisdiction over any portion of this project. Erosion control will be by protection of the existing grate inlets. Sediment barrier will be necessary only if wind creates movement of soil. As only water and sanitary sewer services are proposed (no additional mains), I am not involved in utilities. Please contact me if you have any questions on this matter Sincerely, 1d,—X d!l—/, Downer K. Davis, Jr., P.E. President cc: Lisa Schaaf Chatham County, Georgia http s : //www. chathamtax. org/P T/D atalets/PrintD atalet. aspx?pin=4... PARID: 40004 21001 TYBEE ISLAND CITY OF 506 JONES AVE Tax Commissioner Summary Status ACTIVE Alternate ID 2995926 Bill # 2995926 Tax District/Description 040-TYBEE Legal Description PUBLIC PARK TYBEE PRB 7P PG 59 Appeal Status Parcel Status Parcel Deferral Years Total Status Exist Support Millage Rate Active No 34.3550 Parcel Information Property Class E1 - Exempt - Public Property Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Address 1 Address 2 City State Zip TYBEE ISLAND CITY OF TOWN HALL PO BOX 2749 TYBEE ISLAND GA 31328 Digest Owner (January 1) Owner Co -Owner Address 1 Address 2 City State Zip TYBEE ISLAND CITY OF TOWN HALL PO BOX 2749 TYBEE ISLAND GA 31328 Tax (Penalties and Interest Included through Current Date) Year Cycle Billed Paid Due 2019 1 0.00 0.00 0.00 Total: 0.00 0.00 0.00 Values 100% 40% Original 419,670 167,868 Classified 0 0 Appeal Value 0 0 Status Flag Total Taxable/Billing Value 0 0 s 1 of 1 1/30/2020,2:49 P r, �Oof ,Ile] W5 M. 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