HomeMy Public PortalAbout20210920_PC_PACKET.pdfLUNA0
Demery Bishop
Ron Bossick
Marie Gooding
iwsan Hill
Elaine T. McGruder
David McNaughton
I Whitley Reynolds
A. Call to order:
Planning Commission Meeting
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George Shaw
AGENDA
September 20, 2021 — 6:30 p.m.
For City Council Meeting October 14, 2021— 6:3 Op. m.
B. Consideration of Minutes:
1. Minutes of August 16, 2021
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
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1. VARIANCE: Requesting to build in setback —1014 Second Ave. — 40006 13005 — R-2 -
Mary Nadeau.
2. Minor Subdivision: Requesting to subdivide 3 Lots —1517 Miller Ave. — 40008 11008 — R-2
-1514 A & B Fifth Ave. — 40008 11022 & 023 — R-2 — Osborn & Warakomski.
3. Site Plan: 803 First St. -40019 01001— C-2 — Jeremy Altman.
F. Discussions:
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
Planning Commission Me(
MINUTES
August 16, 2021
Chair Demery Bishop called the August 16, 2021 Tybee Island Plan
Commissioners present were Marie Gooding, Susan Hill, Elaine T.
and J. Whitley Reynolds. Vice Chair Ron Bossick was absent.
Chair Bishop asked Mr. Shaw about the minut
August 91h meeting, on the Tree Ordinance wha
stated they removed the section for City person
the reason was for the denial on the Crossover z
was to serve only one lot and two, that it was n<
Chair Bishop stated so they would rather them
1,000.00 fine for being in the dunes. Mr. Shaw
Consideration of Minutes:
Chair Bishop asked for car
motion to
Chair Bishop asked if there were any Disc
Old Business:
TEXT AMEND
g
fission meeting to order.
, David McNaughton
iy the Clerk of Council at the City Council
d sections they removed meant. Mr. Shaw
the removal. Chair Bishop also asked what
Avenue. Mr. Shaw stated one reason was it
st walking through the dunes.
it not be in violation with our
as long as they use the same path.
minutes. Elaine McGruder made a
to approve was unanimous.
or Recusals. There were none.
George Shaw stated item was on the July 19, 2021 Planning Commission meeting and was continued do
to the absence of Ron Bossick and yourself. This is a request for text amendment by a resident who owns
an empty lot adjacent to a City parking lot. This amendment would allow Mr. Cole to apply at the
beginning of the year like the other parking lots assuming this amendment passes. Mr. Shaw stated he
was asked at the last meeting if there were any other lots that met these criteria, and he found three that are
adjacent to City parking. Chair Bishop asked why this couldn't be added in with the others instead of a
text change. Mr. Shaw stated the ordinance was capped for the other lots so this is why it would need to
be changed for him to be added. Elaine McGruder stated she would like to see setback requirements the
same as building homes for parking lots also. Mr. Shaw stated we don't currently have any setbacks for
ground level improvements only vertical, but that can be changed. Charlie Cole who lives at 17 Meddin
Dr. approached the Planning Commission and stated he would just like to get permission to help with
overflow parking. Elaine McGruder asked Charlie Cole if he would be able to do setbacks like we have
for building houses on his parking area. Charlie Cole stated it would not be a problem, but I don't see
why it would be necessary for a temporary arrangement. Elaine McGruder asked are there any
restrictions on these parking lots just coming in and paving over their lot. Mr. Shaw stated besides the
expense and our requirement for a drainage plan, this does not restrict that and for 20 days out of the year
I don't know if anyone would go to that expense. Whitley Reynolds made a motion to approve. Susan
Hill seconded. The vote to approve was unanimous.
New Business:
VARIANCE: Requesting to build in front setback —12 Tenth Place -40003 17003 — R-2 — Jeffrey
Kole.
George Shaw stated Mr. Kole's home has an area in the front that is already encroaching with a small
area beside it that he would like to extend into. Mr. Shaw stated he sees no hardship so staff recommends
denial. Josh Yelin who is the representative for the applicants approached the Planning Commission and
stated he has a hand out to give everyone. He stated there are a few homes on that street that are also
encroaching. There is a section in the ordinance Sec. 320 B (1) that states (a non -conforming residential
use structure which is only non -conforming as a result of a setback encroachment may be expanded or
enlarged beyond its ground footprint without a variance as long as no further encroachments into any
setbacks are to be created and so long as all provisions of the ordinance are complied with) Josh Yellin
also stated he feels they do meet the criteria for this Variance under Sec. 5-90 he said the legal non-
conforming use is peculiar and does pose a hardship because these physical circumstances and conditions
prevent development conformity with provisions of this land development code. We do believe this
variance should be approved. Elaine McGruder stated this is already encroaching and you want to add
eight feet more. Susan Hill stated she thinks there is good argument for you to be able to do this since the
rest of the street front porches are also encroaching but not sure because of what our code says. David
McNaughton asked why you are wanting to expand. Leanne Kole who is the owner of the property
approached the planning commission and stated they have three Fids and just need more room. Whitley
Reynolds made a motion to approve. Marie Gooding seconded. Voting in favor were Marie Gooding,
Whitley Reynolds and Susan Hill. Voting against were David McNaughton and Elaine Gooding. Vote
was 3-2 Motion to approve passed.
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Commission meetings.
George Shaw stated within the last year or so City Council moved their time from 7:00pm to 6:30pm.
After talking about that with Planning Commission members they were in favor of changing the time also.
George Shaw also stated when he looped over the ordinance he realized that the location needed to be
changed also. So this is the text amendment with the change in the location and the time from 7:00pm to
6:30pm. Elaine McGruder made a motion to approve. David McNaughton seconded. The vote to
approve was unanimous.
Adjournment: 8:00pm
Lisa L. Schaaf
STAFF REPORT
PLANNING COMMISSION MEETING: September 20, 2021
CITY COUNCIL MEETING: October 14, 2021
LOCATION: 1014 2nd Ave. PIN: 40006 13005
APPLICANT: Mary Nadeau
APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations.
PROPOSAL: The applicant is requesting setback variance to enlarge a back porch to allow for a wider screen door
for wheelchair access to the home.
ANALYSIS: The applicant is requesting to add more porch to create a wheelchair accessible entrance.
Variance standards require that the applicant meet the following conditions:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other
physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property-, and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
This lot is unusually narrow and the home is already built into the side setback. The lot slopes from the back to the
front. The back of the home is at grade and the front is a few feet up, access by stairs. The applicant's husband has
health issues which will make walking progressively more difficult. The request will allow for the applicant to
enlarge the rear screen porch enough to allow for a wheelchair accessible entrance.
This character area describes the traditional neighborhood along the west side of Butler, which contains
narrow, tree -lined streets laid out in a grid pattern. The area is varied in land use as it contains
permanent residential properties, multi family homes, rental properties, parks, low -impact commercial
establishments, and public buildings.
Comprehensive Plan — Community Character Area
The Inland Cottage Neighborhood Sec. 1.2.6
STAFF FNDING
Due to the extreme narrowness of the lot and the need for a wheelchair accessible entry door staff recommends
approval.
Vvdr��
A. Variance application (5 pages)
B. Survey (I page)
C. SAGIS map (I page)
0
This Staff Report was prepared by George Shaw.
W12
Permit only compatible uses including low density residential, public/institutional, and low
impact •commercial
Develop and implement design an architectural standards
Implement streetscape improvement to improve the pedestrian/bicycle environment and
encourae and n�o
Historic structures in this area should be restored and/or preserved wheneyer possible
The City should provide appropriate incentives for historic restoration projects
STAFF FNDING
Due to the extreme narrowness of the lot and the need for a wheelchair accessible entry door staff recommends
approval.
Vvdr��
A. Variance application (5 pages)
B. Survey (I page)
C. SAGIS map (I page)
0
This Staff Report was prepared by George Shaw.
Fee
Commercial $500
Residential $200
CITY OF TYBEE ISLAND
VARIANCE APPLICATION from the Tybee Island Land Development Code
Telephone #:�itEmail Address:
Mailing Address
*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.
PROCEDURE
Application Requirements
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.
ADplication 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
:keturn one copy of this completed application and all supporting documents to: Tybee Island Planning and
Zoning, City Hall, 403 Butler Avenue / P.O. Box 2749 City of Tybee Island, GA 31328
Application Public Hearings
Applications will be heard at a public hearing before the Planning Commission on the third Monday of each
monih, Wlliwed W a finji cijion b� City Council at another jublic hearing on the second Tuesday of the
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,'roperty Address (Or General Location Description if no Address Assigned): J/� I �f 2
Tax Map/Parcel ID#:
Existing use of Property:
Proposed use of Property:
Current Zoning;2--
Has the perty been denied a variance in the past 12 months? If so, please provide brief details:
-more] MT -112,
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.
t'. Please explain the purpose of the requested variance and the intended development of the subject properM
�f the variance is Qranted.
3. Please explain the specific provision within the Tybee Island Land Development Code from which the
variance is requested.
M
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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 or topographical
condition of the property involved would result in unnecessary hardship for the owner, lessee or occupants as
distinguished from a mere inconvenience.
C. The condition requiring the requested relief is not ordinarily found in properties of the same zoninii
district as the subject property.
D. The condition is created by the regulation in the Tybee Island Land Development Code and not by the
action of the property owner or applicant.
E. The granting of the 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. j) 6
F. The variance requested is the minimum variance that will make possible the reasonable use of the land,
building or structures.
Adjacent Propeft Owners
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.chathamcounty.org The accuracy and completeness of this
information shall be the responsibility of the applicant.
Property owners name and mailing address:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20._
W
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. (Hardship means
the c1rcumstances where special conditions,, whIch were not self-created or created by a
pnor owner, affect a paltIcular property and make strIct conformity w1th the restrIctlons
governing d1menslonal stanaar& (such as lot area, width, setbacks, yard requirements, or
building height) unnecessarily burdensome or unreasonable in fight of the purpose of t1715
code Unnecessaty hardship 15 present only where, In the absence of a varlance, no feasible
use can be made of the 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 undue
hardship to the property.
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject prope!1y, indicating unigueness, etc.
5-090(6) Height. No part of any structure shall project beyond 35 -feet above the average adjace
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; fl, -.l
,a
poles, television aerials, water towers and tanks, steeples and bell towers, broadcasting a
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 to the best of his/her ability in a truthful and honest manner.
/
Date V I
5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period
of 12 months from date of approval. Such approval is based on information provided in the application. Building
permits may only be granted for plans consistent with the approved application. Any deviation from the information
submitted will require separate approval by the mayor and council.
CERTIFICATION AND AUTHORIZATION
L hereby certify that, to the best of my knowledge and belief, the above listed information and all
2ttached 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.
=am
Flil Noil 14r.111M
IN
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 for this zoning action.
Disclosure of campaign contributions form attachment hereto:
ML 11 VA
Date
Date received: Received by
Fee AmOUnt $ Check Number_ Date_
PUBLIC HEARING ES:
Planning Commission City Council
DECISION::`(Circle One) Approved Denied
Approved with Conditions:
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