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
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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.
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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.
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"We" TIR. ST R 112 RIM 'I I
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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" -
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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�' - •
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La
Mcation- Description if rG
t 0
COS' Current Zoning:
Tax Map/Parcel ID#:
Existing use of Property:
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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"
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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 �-
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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
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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
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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
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1130/2020, 2:51:04 PM 1:564
Zoning
Property Boundaries (Parcels)
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