HomeMy Public PortalAbout20210719_PC_PACKET.pdfSTAFF FXPORT
PLANNING COMMISSION MEETING: July 19,2021
CITY
• MEETING: August 12, 2021
APPLICANT: City of Tybee Island
EXISTING USE: N/A
APPLICATION: Amendment to Article 7, Tree removal regulations.
PROPOSAL: To strengthen penalties for violation of this ordinance and require staff supervision when 5 or more
trees are being removed from a site.
ANALYSIS: This amendment can cause the inability to receive future tree permits for repeat violations of this
article and can cause the inability to receive future building permits for cutting trees without a permit. Additionally
requires staff supervision for cutting 3 for more trees on a site, any significant tree or any tree in a City right of
way.
STAFF FINDING
This should help deter violations of this article.
ATTACHMENTS
A. Amendment
H
This Staff Report was prepared by George Shaw.
ORDINANCE NO, 2021-17
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO INCLUDE PROVISIONS REGARDING APPLICATINS FOR TREE
REMOVAL PERMITS, INSPECTION OF TREE REMOVAL ACTIVITIES, PENALITIES
FOR IMPROPER TREE REMOVAL AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph g of the Constitution of the
State of Georgia to adopt reasonable ordinance to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police
and home rule powers; and
WHEREAS, it is desirable that the requirements be established for tree removal so
as to ensure that sufficient trees and vegetation remain on any developed parcel of land
and that those individuals pepm4eymingperforming tree removal do so in a professional
and responsible manner and;
WHEREAS, it has become iraDortant to ensure that the permitting"
f� F. `{ s* 7utatmore pre_ventable- and- I
NOW THEREFORE, it is hereby ordained by the governing authority of the City
of Tybee Island duly assembled as follows:
Formatted Font: Bold
SECTION I
Existing Tybee Code Sections identified as Article VII of Appendix A -Land
Development Code "Tree Removal Regulations" Section 7-040 is hereby repeals in its
entirety and is replaced with the Code Section hereinafter set forth below:
Sec 7-040 - Building permit required.
Any person desiring to clear land or remove trees to a density below that required
in Sec 7-050 or remove a significant tree pursuant to this article shall apply fora building
permit from the City. See Sec 9-03o and Section o o of this Land Development Code
for requirements and application procedure. A tree surrey must be submitted before a
permit can be issued.
All applications for tree removal per °t Uproval must also include the below as
well as comely_ °th Sec o -o3- of Article IX - Building Regulations in the Land
DevelOrlment Code:
(1) ACknOwled ent of the mOnitOrillg reglllre ent Set f0 in eC �®� and t12e®-
ormtted List Paragraph, Numbered + Level: 1 +
COriSegneriCeS OE failing t0 enSllre SL1Ch mOnitOrin which maY reSnit In the
TNurnberingStyle: 1, 2, 3, ... + Start at: 1 +Alignment:
eftAligned at: 0.5" +Indent at: 0.75"
mabllity to otain�ermit in the Estate;
�) A statement that t11e apulicatialt accents responsibili to ensure the tree
removal is pursuant to all al}licable code sections and that thea licant has
informed the contractor laerfor in the work of the monitoring requirement
and the consequences of failing to adhere to the monitoring require ants,
) The application is signed by the contractor as well as theower._
Formatted: Font: Georgia, 12 pt
(Ord. No. 12-2-12,4-26-2012)
SECTION II
Existing Tybee Code Sections identified as Article VII of Appendix A -Land
Development Code "Tree Removal Regulations" Sec 7-050 is hereby amended with the
addition of Subsection (E) which provides as follows:
E In The event an anralication for removal would seek to renao til_ tt i1 111Formatted:
Line spacing: 1.5 lines
City right®of-av° ani -__ i ifieant tree Or three (�) or more otherwise
f,
:Formatted: Font: Bold
Q210506W ----- --------- ---- -- - .. --- -
insi ificant tree no tree shall e removed unless a reuresentative of the City is
r nto monitor anti observe the removal to ensure , of the
After receiving
their tree removal permit an a er must give seventy-two f r2? hours' notice to the i
prior to removing any tree to allow the City time to arrange far a City representative to
present at the rkmDval
(Ord. No. 12-2012,4-26-2012)
Existing I)rbee Code Sections identified as Article VII of Appendix A -Land
Development Code "Tree Removal Regulations" Sec 7-o90 is hereby amended with the
addition of Subsections (D) axed (E) which provides as follows:
(D) Ani person who has been ad -judged to have violated tree removal
permits two or more times within three
permits pursuant to Section-0�0 or env other per it under the land Develap ent Code
for three (�) veers and may further be subject to additional restrictions or
re uirements far any future permit issued Additional ons or require mencs that
may be imposed shall be determined by the permitting official talcin into account the
circumstances of the current or-pdin application the nature �and extent of removal
requestedat�the location as �well as other relevant factors as determined by fhe perminin
official and may include additional monitoring -of the removal -proccss and sped c tree
maLrkkinfor clarity of intendedrocess.
— (E) Any person who has violated the ordinance by removing trees without a permit
for removal either directly ar indirectly mcludin an o er or contractor and in addition
to all other penalties fines or sentences imposed shall not be eli 'ble far a building or
other permit for a period of o�2) veers from the date of an adverse adaudicatian against
thea licant far an un ermined removal.
Sec. 7-o90 — Penalties for unlawful tree removal. -
! Formatted: Font: Bold
(Ord. No. 12-2012,4-26-2012)
All ordinance and parts of ordinances in conflict herewith are expressly repealed.
SECTION V
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become effective and be made a part of the Code of
Ordinance, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplished such intention,
This Ordinance shall become effective on
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
day Of , 2021.
2021.
Formatted: Font: Bold
ENACTED:
Formatted: Font: Bold
r`
1 111111 # I I
Meeting date: 5/17/2021
IME 1111111 1111131-11
Action Requested: Text Amendment
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval Conceptual
Variance Preliminary Plan Approval
Map Amendment Final Plat Approval
Text Amendment X :::::i Minor Subdivision ® Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
The Planning Commission Motion on Petition: 0 Approval E] Denial M Continued
Action on Motion:
7
Date:
- .7-
COMMISSIONER
FOR
AGAINST
COMMENTS
Biso
CHAIR
Bossick
X
VICE. CHAIR
Goodin
X
Hill
X
me
McGruder
X
SECOND
hton
X
MOTION
_MIcNau
PR,e nolds
X
Planning Commission Chair:
Planning & Zoning Manager:
Date:
7
Date:
- .7-
@a=! ommumu, Komi
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval Conceptual
Variance Preliminary Plan Approval
Map Amendment Final Plat Approval
Text Amendment X Minor Subdivision — Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all
code requirements, except for the following:
The Planning Commission Motion on Petition: 0 Approval E] Denial M Continued
Action on Motion:
COMMISSIONER
FOR
�AGANST COMMENTSa. ._
Bishop
CHAIR
Bossick
VICE CHAIR -ABSENT
Gooding
X
Hill
X
McGruder
X
SECOND
McNaughton
X
MOTION mwm
Reynolds
X
Planning Commission Chair:
Planning & Zoning Manager:
Date:
Date:
STAFF REPORT
• COMMISSION MEETING: July 19,2021
CITY COUNCIL MEETING: August 12, 2021
APPLICANT: Charlie Cole
EXISTING USE: N/A
ZONING: N/A USE PERMITTED BY RIGHT: N/A
COMMUNITY CHARACTER MAP: N/A
APPLICATION: Amendment to Article 3-250. Private parking lots
PROPOSAL: To allow residents who own an empty lot adjacent to an existing City parking area to apply for a
private parking permit.
ANALYSIS: This amendment was requested by a resident with a lot adjacent to the north beach entrance. He
would like to charge parking on his lot between Railwood and Gulick. A site plan including layout, trash cans,
access, etc. would be required during permit application process. The use of Railwood may be problematic due to
the residential nature and narrowness of the road.
STAFF FINDING
The parking department doesn't see an issue with this particular lot having paid parking. There is the chance that
other lots may meet this criteria that may be less desirable for the City. Each would be evaluated on a case by case
basis. Staff has no recommendation on this amendment request.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Amendment
I V xv W.110 I Biel Did I 019y
M
Applicant's Telephone Number 0 L142
Applicant's Mailing Address
E
If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government official
during the two (2) years immediately preceding the filing of the application for this zoning action, and
the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of Campaign Contributions form attachment hereto: Yes
Signature of Applicant Date
-5ee. 3 rkvoo:-� ro�rk,� (a�s
City Official Date
Page 1 of 3
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f a c t o r s t o a s s u r e c o n s i d e r a t i o n o f a p p l i c a b l e i n f o r m a t i o n .
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d i s t r i c t s ;
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t h e n e i g h b o r h o o d o r t h e c i t y a t l a r g e ;
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e r o s i o n a n d s e d i m e n t a t i o n , f l o o d i n g , a i r q u a l i t y , a n d w a t e r q u a l i t y a n d q u a n t i t y ;
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n e c e s s i t i e s w h e n c o n s i d e r i n g t h e p r o p o s e d c h a n g e s ;
5 - 1 1 0 ( H ) W h e t h e r t h e p r o p o s e d c h a n g e w i l l b e d e t r i m e n t a l t o t h e v a l u e o r i m p r o v e m e n t
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m a s t e r p l a n o r o t h e r l o c a l p l a n n i n g e f f o r t s , i f a n y , o f t h e c i t y .
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S i g n a t u r e o f A p p l i c a n t
P a g e 2 o f 3
III i el kq
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
NAMEOF CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL ORMORE ORMORE
L
N
no- HIM WI•W111 11.101ilii01 U-11116
TraVrIjkm I 'X�WVNA" I Do"T
GIFTS IN EXCESS OF $250.00HAVE BEEN MADE TO ANY MEMBER OF THE
PLA119KIG COidol SSION 0
Signature
Printed Name
Date
Page 3 of 3
spaces o e located up e e s an Off -511-e
dimensions of subsection 3-080(e) including drive aisles widths. All spaces must be sized to
accommodate full sized vehicles. If the applicant for a private parking lot is not the property owner,
a notarized affidavit authorizing the applicant to operate a private parking lot is required.
After the submittal of the application, staff shall have the authority to recommend to council a
maximum number of spaces allowed to be utilized at the requested parking lot. Upon submittal of
fa
the application with all pertinent application materials and following proper notification to adjacent
property owners • the application, the mayor and • will consider the request for application
at a scheduled meeting of the city council. Public comments, if any, will be allowed to be made at
these •
Council may reject any such application or may approve the application with conditions designed
•
to protect neighboring properties and households and customers including, but not limited to,
xwoWA�rog rri.-xPjxtA-�m# the
type of vehicles permissible for the location, the hours of operation, the requirement of security
measures, buffers, noise control methods and any other conditions or requirements reasonably
designed to lessen the impact of activity upon other properties or citizens.
All private parking lot properties shall be marked with a maximum of one sign not to exceed two
#42te1 riaht-of-
way and not attached or placed on any sign, utility pole, bench, rock or any form of vegetation.
The sign shall contain the name of the contact person or company and a telephone number.
Any and all vehicles owned by the property owner(s), the parking lot attendant(s) and by friends or
family of the property owner(s) and/or attendants(s) or otherwise parked on the property shall
count toward the maximum number of spaces that are to be rented.
that had been required with the initial application. Each application for renewal of a license to
operate a private parking lot on Tybee Island will be subject to an annual review during the month
of January for compliance. Any and all incident reports and citations shall be considered during the
annual review. If compliance has not been met the license may be revoked by city council upon a
hearing that will take place during a regularly scheduled city council meeting or an application for
renewal may •` `•
Following • and • the mayor and cooke, suspend, • refuse to renew a
license previously granted upon a finding that the license -holder, his agent, representative, or
employee has failed to comply with all terms and conditions of the license or has failed to compl
with other relevant ordinances of the city or other applicable law(s). I
M Me U -111M 01-4m,-11 0
a Mon 'I Efie acitm;�9
licensing.
STAFF REPORT
PLANNING COMMISSION MEETING: July 19, 2021
CITY COUNCIL MEETING: August 12, 2021
LOCATION: 708 Butler Ave. PIN: 40005 20006
APPLICANT: Habersharn Development, LLC.
EXISTING USE: Single family home
ZONING: R-2
review
OWNER: KM Meter Farms H, LLC.
USE PERMITTED BY RIGHT: After special
APPLICATION: Special review Section 3-100 Beach, dune, or vegetation disturbance/crossover maintenance and
construction.
PROPOSAL: The applicant is requesting to construct a new crossover from the lot to the beach.
ANALYSIS: The applicant is considering purchasing the property but would like assurance that a private crossover
could be constructed before finalizing the deal.
The Comprehensive Plan describes the Beachfront Neighborhood in which it lies as follows:
The beachfront neighborhood to the east of Butler Ave. is exclusively R-2 zoning, with single family and
multifamily, and duplex housing types. The area is characterized by wide streets with on street parking
and old growth trees supplemented by side alleys. Public and private beach access are available.
STAFF FINDING
Without the addition of this crossover residents of the home would have to walk out to Butler and around to the
Eighth St. crossover or walk through the dunes. Staff recommends approval.
1
Comprehensive Plan — Community Character Area
Beachfront Neighborhood
Recommended Development Strategies
Meets
Strategy
YIN or NIA
1.
Historic structures should be preserved whenever possible
N/A
2.
Enhance the pedestrian environment where feasible
Y
3.
Preserve old growth trees
N/A
4.
Preserve and maintain public beach access and enhance when necessary
N/A
5.
Do not allow the intrusion of commercial uses
N/A
6.
Preserve the low density character of the area
N/A
7.
Encourage preservation of the large historic beach to Butler Ave. lots
N/A
8.
STAFF FINDING
Without the addition of this crossover residents of the home would have to walk out to Butler and around to the
Eighth St. crossover or walk through the dunes. Staff recommends approval.
1
ATTACHMENTS
A. Special Review application (5 pages)
B. Description (I page)
C. Construction drawings (I page)
D. SAGIS map (I page)
CITY OF TYBEE ISLAND Fee $500
SPECIAL REVIEW APPLICATION
Applicant's Name Habersham Development, LLC - Health Shelton
MEMEL=
OR �j W M)hone Number 912-441-8190
Applicant's Mailing Address 403 Stewart Street Savannah, GA 31405
trjef description of the land development activity and use of the land thereafter to take place on the property:
Boadwalk Crossover
Property Owner's Name KM Meter Farms 11, LLC Telephone Number Z
Property Owner's Address 310 Commercial Drive, Savannah, GA, 31406
Is Applicant the Property Owner? — Yes x W
11 1 1 ITITI 11111 1 1 11 1 11 !111 riIIIIIII III IIII!III
I I EEE=
M
If Applicant Is other than the Property Owner, a signed affidavit from the Property Owner granting W --
Applicant permission to conduct such land development is attached hereto. — Yes
Current Zoning of Property R-2 Current Use I Single Family Residence
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 folloiMing:
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 Imi.medlately 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
applicaflon for this zoning action.,
x AA
Si
Alt(ant gna ure of bDate
t , All
NOTE: Other specific data Is required for each type of Special Review.
........... .... . ...... ...................... ............... . . . .............
Fee Amount Check Number Date
110
City Offlcial
��p p ��i i j i q ��p i I
i I I I [ 1 1 , 1 1 1 i ' l l I I M E = ,
1 1 i g ��! I 1 1 1 ! 1 �� i q ��1 1 ��1 1 1 ! v
1 1 0 1 1 1 , 1 : 1 1 1
I C - 1 0 1 1 I I C - 1 1 M I N I P l A a r - 4 1 A m l M j I N U M , i n g o i r i s o i L i L g i i t v i i r ��i i L g m i M 7 4 1 . 1 1 1
S i g n a t u r e o f A p p l i c a n t D a t e
One West Park Avenue
Savannah, GA 31401
(912) 232-7000
aAI 1 t'
MW[Weislam
L Is,WIN
3"'JUL'i'mLy 111LU -THEMILL U1 FAMMM AeSOWWS, ALe LALY 01 lynee
and Chatham County in c(,--- wiffi future work, permits, licenses and other developmental matters for the
property known as 708 Butler Avenue, Tybee Island, Georgia.
The Company may, at any tmae, revoke this designation of agency. Otherwise, this designation of agency
shall be deemed to be in full force and effect as to all pemns, institutions, and organizations which shall act in
reliance thereon.
0'
L*rd I I t4i.1489 I I Ky I I M I it 1# 1143 11 a OR 11AL4XIIi$11 ty.11 a I I Its41744 11FA' I It' MUM 111.1 Ir I WrIALY1 I I I W
Signed, sealed and delivered
in the.,*esenceof
10
Zo
no
I NLalhryn M&�af *hite
0 ary PU)jiic--
R
NOTARY PUeW
•
Go
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?
Signature
PIN: 4000520006
Project Address: 708 Butler Ave.
Tybee Island, GA
N171MUM=
llaw��
Property Address
Owner Name
0005 20014A
10 7th Terrace
McEvoy, Brian F
8 7th Terrace
Klugman, Daniel H
,1ii ii
6 ac
London, Tracey C
6 7th Terrace
—F—Eddwards,
Reoella, Mathew J
I iii
4 7th Terrace
James Bennett & Cindy Eta[
--- .......................................
40005 20014D
2 7th Terrace
Edwards & Daniel Madge L & Peg
4000520001
Terrace
STALTAM ME
off off
10 8th Terrace
Hendrix Properties at Tybee, L
1i 11' j8th
Terrace
Levy, Joan L
I
---T60�
8th Terrace
Levy,
" l 40005 20006
r ,
Most Current Owner
Current Owner Co -Owner Care Of Mailing Address
MCNEAL INVESTMENTS LLC ET AL* 494 BEAULIEU AVE SAVANNAH GA 31406
Digest Owner (January 1)
Owner Owner Address 1 Address City State Zip
MCNEAL INVESTMENTS LLC ET
AL*
CSI
Status
Parcel ID
Category Code
Bill #
Address
Unit / Suite
City
Zip Code
Neighborhood
Total Units
Zoning
Class
Appeal Status
-.. - .
k,eed
r -ed Pa <
Inspection Date
03/10/2020
03/21/2016
07/21/2010
06/14/2007
494 BEAULIEU AVE
SAVANNAH GA 31406
TYBEEILAND
31328-
20204.00 - T204 TYBEE BEACHFRON
R-2
R3 - Residential Lots
BEACH LOT 46 + 47 WARD 2 TYBEE
378G
548
Reviewer I D
RKRYZAK
MWTHOMAS
LESTEPH
AVMARCAN
Tax Year
Land
Building
Appraised Total Reason"
2021
3,688,200
98,300
3,786,500
2020
3,901,700
118,500
4,020,200
2019
3,901,700
118,500
4,020,200
2018
2,390,200
117,900
2,508,100
2017
2,390,200
121,800
2,512,000
2016
2,390,200
121,500
2,511,700
2015
2,390,200
125,900
2,516,100
2014
2,390,200
130,200
2,520,400
2013
2,390,200
130,200
2,520,400
2012
3,409,600
133,000
3,542,600
Sales
Sale Date Sale Sale Instrument Book - Page Grantor Grantee
Price Validity
06/05/2012 0 U QC 378G - 548 MCNEAL
INVESTMENTS LLC ET
05/31/2012 0 U QC
12/20/2006 1,747,800 U WD
10/01/2000 0 U NA
Residential Building
AL*
377Z - 290 MCNEAL MCNEAL
INVESTMENTS LLC ET INVESTMENTS LLC ET
AL* AL*
319K - 0497 MCNEAL JUNE M ETAL MCNEAL
INVESTMENTS LLC ET
217N - 0269 MCNEAL JUNE M ETAL MCNEAL JUNE M ETAL
Card #
1
Actual Year Built
1928
Effective Year Built
1980
Type
1 - Single Family Residence
Style/Stories
2 - TWO STORY
Percent Complete
100
Quality
300
Condition
AV - AVERAGE
Living Area
2,730
Basement Area
0
Finished Basement Area
No
Bedrooms
4
Full / Half Baths
2/1
OBY
Card # Description
Year Built: Grade: Units: Override: Area:
1 907: ENCLOSED PORCH,
SCREENED WALLS 1980 D 1 1,235
Item Area
Main Building 1365
'AOTENCLDSEDPORCH, SCREENED WALLS 1235
Al - 711:711 -Built-in Garage (SF) 1235
SITE
VICINITY MAP
GENERAL DEVELOPMENT NOTES:
1. PIN: 40005 20006
ADDRESS: 708 Butler Ave
CITY, STATE, ZIP
2. TOTAL LAND ACREAGE
TOTAL DISTURBED ACREAGE
3. EXISTING USE OF PROPERTY
PROPOSED USE OF PROPERTY
PRESENT SITE ZONING
PROPOSED LAND DEVELOPMENT
= 2.36(±) AC
= TBD(±) AC
RESIDENTIAL (SINGLE FAMILY)
RESIDENTIAL (SINGLE FAMILY)
: R-2
: BOARDWALK CROSSOVER
4. THE MAJORITY OF THE PROPERTY IS LOCATED IN ZONE X, NOT A SPECIAL FLOOD HAZARD
AREA, WITH A PORTION OF THE PROPERTY ON THE EAST IS LOCATED IN ZONE AE (8FE
9.0), A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY FEMA FLOOD INSURANCE
RATE MAP # 13051CO214G, DATED 8/15/2018
5. REQUIRED ZONING SETBACKS:
FRONT BUILDING SETBACK:
REAR BUILDING SETBACK:
SIDE BUILDING SETBACK:
O
645-21-09 W. ^`
20'
10'
10'
PREPARED FOR:
Heath Shelton
EH FORTITUDE
403 Stewart Street
Savannah, GA 31405
912.443.1313
EXHIBIT
DRWN: AM 6-18-2021
SCALE t':3V
30
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280.4'
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0/0 OF LOT 3 OF A
2/0 OF BEACH LOT 45
SUBDIV
EXISTING HOUSE TO REMAIN
APPHOXIdIAATE LOCATETN'm^
01, FLOOOUNE
EASING OM
FPANE RES
0 EACH LOT 45
FRAME 'E0E0
406.5'
IIIIIIG11fIIiuw. 'I1 II
5'PEDESTR i
BOARDWALK'S
ACCESS EASE •
,<
PEDESTRIAN BOARDWALK CROSSOVER CONCEPT PLAN
Butter Ave Homes
TERMINATION OF
BOARDWALK AT BEACH
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*COPYRIGHT 0021 tdevtn Engineering„ Inc.
STAFF REPORT
PLANNING COMMISSION MEETING: July 19, 2021
CITY COUNCIL MEETING: August 12, 2021
LOCATION: 3 Kingry St. PIN: 40019 03006
APPLICANT: Anne K. Smith
EXISTING USE: Single family dwelling
PROPOSED USE: Single-family dwelling
COMMUNITY CHARACTER MAP: Marshfiront Neighborhood
APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations).
PROPOSAL: The applicant is requesting a setback variance to put a sunroom/screen porch 18" into the rear
setback.
ANALYSIS: The general character of the area surrounding this lot is residential. The size of this sub -standard lot is
approximately 4250 square feet. The minimum lot size in the R-2 district is 4500 square feet. 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 building setbacks for lots zoned R-2 are 20 -feet front, and 10 -feet rear and sides. The applicant is
requesting approval of setback variance to put an enclosed porch on the rear of the building with an 18" setback
encroachment. There is room for a porch on the back of the house without the variance. The lot is already
developed.
The Comprehensive Plan describes the Marshfiront Neighborhood in which it lies as follows:
Along the marshftont exist residential uses of various ages, sprinkled with intermittent commercial uses.
Zoning classifications area R-1, R -IB, R-2, and E -C. providing natural habitat, scenic views and access
o the water via docks and creeks natural resources here require special consideration.
Comprehensive Plan — Community Character Area
Marsh/ront Neighborhood
Meets
Recommended Development Strategies Strategy
YIN or NIA
1,
Permit only uses compatible with area character.
Y
2.
Permit uses that will not adversely affect/impact the marsh environment'
Y
3.
Enforce marsh buffer ordinance within the area
N/A
4.
Prioritize tree preservation to protect the scenic and habitat value of the area
N/A
5.
6.
7.
8.
STAFF FINDING
This lot is fully developed with a small home. There is room on all sides to enlarge the home within the setbacks.
Staff recommends denial of the application.
EMINIT41,61 10TIAMIJ
A. Variance application
B. Narrative
C. Site Plan
D. SAGIS map
N
This Staff Report was prepared by George Shaw.
Fee
"E"
Commerdal $500 . . . . . . .
Resideriffal $200
CITY OF TYBEE ISLAND
VARIANCE APPLICATION from the Tybee Island Land Development Code
Applicant: Anne K. Smith, Arch
Telephone #: 912-232-5561 Email Address: Ann
—.,8 e0lksarchitects.com
Mailing Address Post Office Box 1587, Savannah, GA 31402
*Note: If the applicant is not the property owner as listed on the roDeU deed, a letter from J�j. li.,.teg owggsj. ttj"k" f
r,7d-M1F1YZ1111j,-LT1C dAIJAM11L 1:0 aC[ in Eneir MRSIT MUSE De incluclea in
application, in Oe
PROCEDURE
ADDlication 9gqgj[gMgn!�i
All applications must be complete, including required supporting documents. Drawings or surveys will be
11" X 17" or larger. Incomplete applications will not be accepted and will delay review.
A!20i li�
Applications are due by 4:00 p.m. aft last day of the month before the next scheduled Planning
Commission meeting.
Apl2lication Submittal
Return one copy of this completed application and all supporting documents to: Tybee Island Planning ant
Zoning, City Hall, 404 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328
ADDlication Public Hearings
Applications will be heard at a public hearing before the Planning Commission on the third Monday of each
month, followed by a final decision by City Council at another public hearing on the second Tuesday of the
following month. Each hearing will be held at 7 p.m. at the Public Safety Building, 78 Van Horn Dr.
3 Kingry Street, Tybee Island, GA 31329
WX1141411141
Existing use of Property: Existina Residence
EMEMr -�b
Proposed use of Property: Residence with rear addition
Has the property been denied a variance in the past 12 months? If so, please provide brief details:
Wo
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.
in,
2. Please explain the purpose after st variance and the intended development of the subject property
if the variance is granted.
The requested 18" rear yard setback variance will allow for a sunroom/screen porch to be added
to the rear of the existing structure and will be similar to the surrounding development pattern.
3. Please explain the specific provision within the Tybee Island Land Development Code from is the
variance is requested.
Section 3-090 - Schedule of development standards, minimum rear yard setback, requesting
an 18" variance from 10' to V-13".
A. The need for a variance arises from the condition that is unique and peculiar to the land,
structures and buildings involved.
The surrounding structures have been added onto over time, many of them currently
encroach the required 10' rear setback and do not conform to current setback requirements.
;�i J 11
1l�� 1111111111 1 1 11 -M I 1111111 11, 11111! i1romill J! 11 - 1.6
111TUVIVAJ-171GAM Mum in unnecessary narasnip Tor the owner, lessee or occupants as
distinguished from a mere inctnvenience.
the rear setback will take the lot coverage from 20% to 25% while the total allowed buildable area is 39%.
C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning
district as the subject property.
; 1. , $- -I -- 11 Ili Ili III , M"IM0 14431"M
are built over the current setback lines. Requiring the 10'setback will not allow enougV
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.
This variance request is a result of the development code setback requirements
rather than an a
E. The granting of the requested variance will not conflict with Sec. 26 -70 -Amendments and modifications
to the Fire Prevention Code of the Tybee Island Code of Ordinances or endanger the public.
F. The variance requested is the minimum variance that will make possible the reasonable use of the land,
building or structures.
5 # �-- I W1,
CERTIFICATION i•
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 herelky authorize City staff and members of the Planning Commission and City Council
to inspect the r rrerty which i he suoject of this application.
Signature
Applicant Date 6-28-2021
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;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application fqr this zoning action.
C ment hereto: X Yes
6-28-2021
Signature of Ap-plicanV Date
STAFF USE ONLY
Date received: Received
Fee Amount $ c200.06 Cl?ec* Number 4;�Efz Date?
Planning Commission City Council —
DECISION: (Circle One) Approved Denied
Tybee Island Planning & Zoning
City Hall, 404 Butler Avenue
Post Office Box 2749
City of Tybee Island, GA 31328
Kingry Street Variance Request
Agent for Owner
This letter will serve as authorization for my architect, Anne K. Smith, to ae.j
as my agent to represent me for this variance request.
Current Owner:
Address:
Robin Crain
806-674-1481
3 Kingry Street
&bee IsIR
M
M
# • i
r � 11 i r i ' . . # ' r i r • , / ii Um
''��i.
WMI.iii <tw •�% i 4` w i' *� ; i>W.-
Planning Commission, or Mayor and Council or any local government official who will be
considering i # application?
• • r �, ' r • ,. ,r • r � ' . • r . �.
3 K(k"V-J
Adjacent ProReft Owneirs
Please list all current owners of properties located immediately adjacent to or directly across the street from
the subject property. This information may be obtained from the Chatham County Tax Assessor's office (912)
652-7271 or by using the website at www.boa.chat:han2gqqnbLgM The accuracy and completeness of this
information shall be the responsibility of the applicant.
'P'roperty owners name and mailing address=
1. 4 Kingry & 6 KinqrV (empt lot), David Alan lannuzzi, Jr., P.O. Box 173,
2. 5 Kingry, Joshua Thompson, 237 Alexander Farms Road W, Statesboro, GA 30458
3. 112 South Campbell, Karin H
4. 110 South Campbell, Lorena Mitchell, 39 Look Homeward Drive, Burnsville, NC 28714
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
9
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined WMow.
RE—FERENCE DESCRIFFION
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. (Hardship means
the circumstances where special condItIons, which were not self created or created by a
rr owner, affect a palticular property and make strict conforwity with the restrictlons
governing d1menslonal standards (SUCh as lot area, wIdth, setbacks, yard requlrements� or
building height) unnecessarily burdensome or unreasonable in light of the purpose of this
code. Unnecessaty hardship Is present only where, In the absence of a varlance, no feasible
use can be made of the property.)
Explain the hardship: The 10' rear setback will not allow for the equested addition of a
sunroom/screen porch.
5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
® (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding
properties, including:
X irregularity;
— narrowness; or,
— shallowness of the Itshape; or,
—exceptional topographical or other physical circumstances, conditions, or
considerations related tot 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
strict conformity with the provisions of the Land Development Code, without und
hardship to the property.
NOTE'. Provide attachments illustrating conditions on surroundinQ DroDerties and on
the
5-090 is Height No part of any structure shall project beyond 35 -feet above the average adjacem'I
grade of a property except:
(1) See--sj%ction .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 he/she has read the requirements for Variances and has provided the required
information tat best of his/her ability in a truthful and honest manner.
/111
2,1
Signature of Applicant -L= �-— Date I
5-090(C) Vafiance 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. 5
�%, �� �� 1 i " 1 1 1 " ^ ,
C R A I N R O B I N 3 K I N G R Y S T
M o s t C u r r e n t O w n e r
C u r r e n t O w n e r C o - O w n e r C a r e O f M a i l i n g A d d r e s s
C R A I N R O B I N P O B O X 2 1 0 T Y B E E I S L A N D G A 3 1 3 2 8 - 0 2 1 0
r
@ w e
S t a t u s
P a r c e l I D
C a t e g o r y C o d e
B i l l #
A d d r e s s
U n i t # / S u i t e
C i t y
Z i p C o d e
N e i g h b o r h o o d
T o t a l U n i t s
Z o n i n g
C l a s s
A p p e a l S t a t u s
Q
C o - O w n e r A d d r e s s 1 A d d r e s s 2 C i t y S t a t e Z i p
P O B O X 2 1 0 T Y B E E I S L A N D G A 3 1 3 2 8
A C T I V E
4 0 0 1 9 0 3 0 0 6
R E S - R e s i d e n t i a l
2 9 3 5 5 1 1
3 K I N G R Y S T
T Y B E E I S L A N D
3 1 3 2 8 -
2 0 2 2 2 . 0 0 H O R S E �%
R - 2
R 3 - R e s i d e n t i a l L o t s
L O T 4 3 P A M E L A T E R R A C E S U B S A V A N N A H B E A C H
3 2 9 X
0 6 9 4
P e r m i t #
P e r m i t D a t e
S t a t u s
T y p e
A m o u n t
0 8 0 4 3 1 - 3
1 0 / 1 0 / 2 0 0 8
C o m p l e t e
E L - E L E C T R I C
$ 2 , 0 0 0 . 0 0
0 6 0 1 3 9 - 2
0 3 / 1 0 / 2 0 0 6
C o m p l e t e
R N - R E N O V A T I O N S
$ 9 , 0 0 0 . 0 0
0 6 0 1 3 8 - 1
0 3 / 0 7 / 2 0 0 6
C o m p l e t e
R N - R E N O V A T I O N S
$ 8 0 0 . 0 0
I n s p e c t i o n D a t e R e v i e w e r I D
0 3 / 2 7 / 2 0 1 9 K M M O R E N O
1 0 / 2 0 / 2 0 1 5 M W T H O M A S
06/14/2007 „ GDWHIDDO
Appraised Values
Tax Year
Land
Building
Appraised Total
2021
96,900
105,200
202,100
2020
87,200
103,700
190,900
2019
87,200
63,300
150,500
2018
87,200
61,900
149,100
2017
87,200
55,000
142,200
2016
87,200
41,800
129,000
2015
85,600
41,600
127,200
2014
85,600
47,200
132,800
2013
85,600
47,200
132,800
2012
139,700
44,100
183,800
Sales
Reason
Sale Date Sale Sale Instrument Book - Grantor Grantee
Price Validity Page
08/03/2007 279,000 Q WD 329X - 0694 CARTER THOMAS L & CRAIN ROBIN
ELINOR
03/01/1987 53,000 U -
07/01/19811,500 Q
Land
Line Number
Land Type
Land Code
Square Feet
Acres
Influence Factor 1
Influence Reason 1
Influence Factor 2
Influence Reason 2
Residential Building
1
U - UNIT
01 - SINGLE FAMILY RES
0
0
Card #
1
Actual Year Built
1981
Effective Year Built
1995
Type
1 - Single Family Residence
Style/Stories
1 - ONE STORY
Percent Complete
100
Quality
200
Condition
Living Area
Basement Area
Finished Basement Area
Bedrooms
864
REFERENCES i
t
OCMF CONCRETEMONUMENT FOUND
1.
COORDINATESDIRECTIONS + ON GEORGIA it-DD:ZONE.
IRS �# -!i SET
2
i'# i i#1 ii `MAP ! a ! is i `i`
s it i#i '#^.
OIRF IRON ROD FOUND
3-
ONLY ABOVEGROUND. READILY VISIBLE STRUCTURES WERE LOCATED FOR THIS SURVEY. THIS SURVEYOR MAKES NO
# POWR POLE
WARRANTY OR GUARANTEE AS TO THE LOCATION, EASTENCE, OR NONEASTENCE OF ANY BELOW GROUND,
NON—VISIBLE OR STRUCTURES.
I. HVAC EQUIPMENTSEARCH.R
THE ESTABLISHMENT OF THE BOUNDARY OF THIS PROPERTY.
THEY ARE NOT AND DO NOT CONSTITUTE A TITLE
5.
NO SUBSURFACE OR ENVIRONMENTAL INVESTIGATION OR SURVEYS WERE PERFORMED FOR THIS PLAT. THEREFORE
THIS PLAT DOES NOT REFLECT THE E)OSTENCE OR NONEyjSTENCE OF WETLANDS, CONTAMINATION, OR OTHER
CONDITIONS WHICH MAY AFFECT THIS PROPERTY.
LL
O
X
l rl
�,�
(RAIN RESIDEN(E ADDITION
V' i
1INFORMATION IS BASED ON
iTAX RECORD CARDS AND FIELD
41
7
1
06/28/21
11
PROPERTY REQUESTING VARIANCE
BUILT STRUCTURES
L_j
NEW ADDITION
El
TY LINE
F J
SETBACK LINE
J J
1INFORMATION IS BASED ON
iTAX RECORD CARDS AND FIELD
41
7
1
06/28/21
11
" r -
N
0
114-
w
IRF
TOTAL LOT AREA - 41250 SOFT
TOTAL BUILDABLE AREA - 11650 SOFT
% OF LOT (OVERAGE - 39%
)'-0' SETBACK I
N53*55'003'-'E 85.00' IRS
85.00'
ALLOWABLE BUILDING AREA
(EMPTY LOT WITH SETBARS)
A F c b *0 t @ c I s
Post Office Box 1587
Sayonnob, Georgia, 31402
(412)232®55 1
cons u outs:
wort
Oft limmant ism, lossirl-wouluff so rrvks
dm"' 0 g ",
vocholly fof the pF*d WOW in the
No MA ad Fonewils the pm" of
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reproduced or wood In wlWo of k porl
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.4 ed
wlew the vefflon m5opf of
mm�
LomwKit/Womfimift
date:
date: JUNE 28, 2021
iob number. 2105
drawn by: AKS
chocked by:
7
5131 SHEET:
I ON
AIM
wort
Oft limmant ism, lossirl-wouluff so rrvks
dm"' 0 g ",
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L;mT'nK*qK@hn/SmllL ft my so be
reproduced or wood In wlWo of k porl
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wlew the vefflon m5opf of
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LomwKit/Womfimift
date:
date: JUNE 28, 2021
iob number. 2105
drawn by: AKS
chocked by:
7
5131 SHEET:
I ON
0
PO'—O' SETBACK
IRF 53'5 '00"
M
I
E116
TOTAL LOT AREA - 41250 SOFT
TOTAL ENUOSED SPUE AREA - 866 SOFT
% OF LOT (OVERAGE - 20%
rMwo, an
EXISTING
PPP" I
nMIGtrt
Post Ofte Box1587
Savannah, Georgia, 31402
(912) 232-556 1
This document is an Instrument of service
specifically for the project identified in The
title block, and Molar the prep" Of
Londood/Kohnom/Smith. It may not be
reproduced or copied in whole or in part
without the written WSW of
lominack/Kolmon/Smith.
date:
job number: 2105
drawn III : AKS
checkedb
"112 ,2121
8
SHEET.
2 OF. 3
OF:
W
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v /
Z
0
E
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0
0
w
I
IRFI
31.29'
I
0� —
0
LI
0
to
z
IRF
I
I
0 10' 201
TOTAL LOT AREA - t
250 SOFT
TOTAL ENICLOSED SPAICE AREA WITH ADDITION - ,
066 SOFT
NOTE - ADDITION EQUALS 5% 11(OVERAGE
85.00' I R S
– — — — I 10'-0" _
SETBACK °
00 \ NEW SETBACK
Ld
;�
17.59'1 0
0
'-" I
EXISTING PORCH WALKWAY EXTEND TO REAR PORCH oADDgT10N I I 0
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PORCH
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31.57'
-N53°55'00"E
0
116
I
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-j+I17.38'
r
00
LOT 43
N I I
N 0.098 ACRES
8' WOOD FENCE
S53°55 0- - - - - -
(18" VARIANCE)
1'-6" NEW SETBACK
10'-0"
ImanuflElff 11111 114111111LOR
A@hoot@cts
Post Office Box 1587
Savannah, Georgia, 31402
(912)232-5561
consultants:
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Post Office Box 1587
Savannah, Georgia, 31402
(912)232-5561
consultants:
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This document is an instrument of service
specifically for the project identified in the
title block, and remains the property of
Laminack/Kolman/Smith. It may not he
reproduced or copied in whale or in part
without the written consent of
Lominack/KolmonjSethh.
date: JUNE 28, 2021
"ob number: 2105
drawn by: AKS
checked by:
SHEET:
16 3 OF:
>r
This document is an instrument of service
specifically for the project identified in the
title block, and remains the property of
Laminack/Kolman/Smith. It may not he
reproduced or copied in whale or in part
without the written consent of
Lominack/KolmonjSethh.
date: JUNE 28, 2021
"ob number: 2105
drawn by: AKS
checked by:
SHEET:
16 3 OF: