HomeMy Public PortalAbout20211220_PC_PACKET.pdfLUNA0
Demery Bishop
Ron Bossick
Marie Gooding
iwsan Hill
Elaine T. McGruder
David McNaughton
I Whitley Reynolds
A. Call to order:
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George Shaw
Planning Commission Meeting
AGENDA
December 20, 2021 — 6:30 p.m.
For City Council Meeting January] 3, 2022 — 6:30p.m.
B. Consideration of Minutes:
1. Minutes of November 15, 2021
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Variance: requesting to change setbacks — lot 4 Alger Ave. - Zone R-1— 40020 04004 —
Michael Lucas,
rot Im � # I
[WilmX110 11 "
2. Special Review: requesting to build a cross over — 214 Butler Ave. — Zone C-2 — 40004 07004 —
Desoto Beach Condo Association.
F. Discussions: Change 2022 meeting dates for January, February and June. They fall on
holidays.
Adjournment:
Lisa L. Schaaf
Dernery Bishop
Ron Bossick
GoodingMarie
iwsan Hill
Elaine T. ..........
David McNaughton
I Whitley Reynolds
Planning Commission
November 1
Vice Chair Ron Bossick called the November 15, 2021
Commissioners present were Marie Gooding, Susan IH
Whitley Reynolds. Chair Demery Bishopwasabsent.
Consideration of Minutes:
Vice Chair Ron Bossick asked for consi
Hill made a motion to approve. Whitley
Disclosures/Recusais:
Vice Chair Ron Bossick asked if there
disclosed that he has contacted Chris K
that he also use to work for Chris Konc
Old Busine
Vice Chair
New Business:
SPECIAL REVIE
Christopher Koncul
George Shaw stated this item
requested because without the
Island
N1 U'irT'WOMILTITIMM1,1
... , .
George Shaw
i �li� . � "
nission meeting to order.
vid McNaughton and J.
1 meeting minutes. Susan
approve was unanimous.
any Disclosures or Recusals. David McNaughton
for information in the past. Whitley Reynolds disclosed
old business. There were none.
Crossover — 708 Butler Ave. -40005 20006 — Zone R-2 —
I to the last application back in June of this year. It is being
it is harder to market. Mr. Koncul does intend to subdivide
the property. He currently does not own the property but is doing his due diligence and this is part of
it. George Shaw stated staff recommends approval because a crossover is better than a path through
the dunes. Elaine McGruder asked if that would be a crosswalk for all the lots. George Shaw stated
yes there will be an access for all the lots.
Chris Koncul who lives at 5600 Turners Rock Rd. Savannah, Ga. 31410 approached the Planning
Commission and stated he would like to have a gated community with nice single family homes.
David McNaughton asked Chris Koncul how you expect this to get through council this time, when
they denied it the last time. Chris Koncul stated he assumed they did not want to approve it with just
one house on the lot and the previous applicant had no clear plan for a subdivision. David
McNaughton stated the walk to the crossover on the next street is only ten minutes. And that is not
that far to have to make another crossover. Susan Hill Stated if we don't approve this crossover there
could be ten homes with families making a path through the dunes that is a breach through the dunes
and we have spent the last five years filling the gaps in the dunes. Whitley Reynolds made a motion
to approve. Marie Gooding seconded. The vote was Whitley Reynold, Marie Gooding and Susan
Hill to approve. David McNaughton and Elaine Gooding denied. The vote was three to two motion
passed to approve.
Adjournment:
Lisa L. Schaaf
z
PLANNING COMMISSION MEETING: December 20, 2021
CITY COUNCIL MEETING: January 13, 2022
LOCATION: Lot 4 Alger Ave. 40020 04004
APPLICANT: Michael Lucas OWNER: Same
EXISTING USE: Vacant lot PROPOSED USE: Single-family dwelling
ZONING: -1 USE PERMITTED Y GT: Yes
COMMUNITY CHARACTER : Ft. Screven Historic District
PLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations).
PROPOSAL: The applicant is requesting a front and rear setback variance for construction on a vacant,
substandard ®1 lot of record.
ANALYSIS: The general character of the area surrounding this lot is residential. The size of this sub -standard lot is
approximately 3200 square feet. The minimum lot size in the -1 district is 12,000 square feet. The requested
variance does meet the "hardsip99 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 -I are 20 -feet front and rear, and 10 -feet sides. The applicant is
requesting approval of setback variances to reduce the front and rear setback to 10 feet. Without the variance the
buildable footprint would be 690 square feet. With the variance the footprint could be approximately 1290 square
feet.
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, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street
trees, publicparking. Zoning includes R-1, -2, R -T, -1/NEC, P -C, and PUD.
1
STAFF FINDING
Staff recognizes the required setbacks for a 12,000 square foot lot in an R-1 district are challenging for
development of this 3200 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.
ATTACFIMENTS
A. Variance application
B. Narrative
C. Site Plan
D. SAGIS map
2
Establish standards and guidelines for signage
Provide signage for landmarks and historic businesses
resery and restore historic structures whenever possible
Provide �Mropriate incentives for historic restoration projects
Ensure co nspace
Ili
Support an improved bicycle and pedestrian environment with co t ilities
Consider adoption of architectural standards for historic structures
STAFF FINDING
Staff recognizes the required setbacks for a 12,000 square foot lot in an R-1 district are challenging for
development of this 3200 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.
ATTACFIMENTS
A. Variance application
B. Narrative
C. Site Plan
D. SAGIS map
2
Fee E J
Commercial $500 .
Residential $200
CITY OF TYBEE ISLAND
VARIANCE APPLICATION from the Tybee Island Land Development Code
Applicant:
Telephone #;I mail ress:
Mailing Address f
*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.
Property Address (Or General Location Description if no Address signed):
Tax Map/Parcel ID: [ Current Zoning;
Existing use of Property:
Proposed use of Property:
Has the property been denied a variance in the past 12 months? If so, please provide brief details;
Variance Ouestionnaire-,
1. Does the requested variance change the Tybee Island character designation for the property as described in
the Master Pian? If so, provide a brief explanation.
1A ri
2. Please explain the purpose of the requested variance and the intended development of the subject property
if the variance is granted.
r
. Please explain the specific provision within the Tybee Island Land Development Coe from which the
variance is requested.IAO
I
P, i I) Ezo
t
. Per the Tybee Island Land Development Code, the Tybee Island Planning Commission shall not make a
recommendation on a variance from the terms of 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. t _
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.
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C. The condition requiring the requested relief is not ordinarily found in properties of the same zoning
district as the subject props
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13
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.
F. The variance requested is the minimum variance that will make possible the reasonable use of the Tan,
building or structures.
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fr
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Adjacent Propelly 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 mailingaddress:
a
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2. ti r L
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MIXs
4. 4
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5.
6.
7.
8.
9.
10.
11:
12:
13
14:
IS:
1.
17.
1:
19:
20.
21.
T This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
REFERENCE DESCRIPTION
-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. ( ardshfp means
the circumstances where special conditions, which were not self-created or created by a
prior owner, affect a particular property and make strict conformity with the restrictions
governing dimensional standards (such as lot area, width, setbacks, yard requirements, or
building freight) unnecessarily burdensome or unreasonable in light of the purpose of this
node. Unnecessary hardship fs present only where, in the absence of a variance, no feasible
use can be made of the props .)
Explain the hrsi . 10 CAL
t
t
5-040 () (3) survey of the preps si ed and stamped "by a State of Georgia certified land surveyor.
-090 () (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 rope ies and on
the subject Dror)ertv,inictina uniqueness etc.
90 O Height. No part of any structure shall project beyond 3 -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 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.
Signature of Applicant Date
1 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
hereby• to the best of my knowledge and belief,above listed information and all
attached supporting documents are i # • i': accurate. i` ♦ l that this application
require public hearings by the Tybee Island Planning Commission and City Council. I have been
al` aware r f I herebyacknowledge the scheduled hearing dates/times and location
where
application will beconsidered. I alsounderstand yireview
application "'i 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.
If within two (2) years immediately preceding the filing of theapplicant's application for o 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:
. The name of the local government official to whom the campaign contribution or gift was made;
The dollar amount of each campaign contribution made by the applicant to the local government
official during the two () years immediately preceding the filing of thea plication 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 p°gn contributions form attachment hereto Yes
4
ignature of Applicant Date
STAFF USE ONLY
Date received: Received by
Fee Amount Check Number Date
Planning Commission City Council
DECISION: (CircleOne) Approved Denied
Approved with Conditions:
CONFLICT OF INTERESTIZONING ACTIONS
DISCLOSUREPAICONTRIBUTIONS
Have you within the past two (2) years ad campaign contributions or gave gifts
having an aggregate value o $250.00 or more to a member of the Cityf Tybee Island
Planning Commission, or Mayor and Council or any local government official who will be
considering the rezoning application?
YES NO
IF YES, PLEASE_ COMPLETE THE FOLLOWINGSECTION:
NAME OF
GOVERNMENTE
OFFICIAL
CONTRIBUTIONS
$250.00
GIFTS
$250.00
T OF
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. • • OR GIFTS IN
EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING
COMMISSION i • MAYOR AND COUNCJL.
Signature _ t YZ
Printed Name
Date F
Sec. 5-090. Variances.
(A) __Standards After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a
public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of
the provisions in this Land Development Code only if the following findings are made:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity,
-
narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the
particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the
provisions of this Land Development Code, without undue hardship to the property.
(B) Height variances For height variances, in addition to other requirements, the petitioner shall be required to add two feet to each
side yard setback for each one foot above 35 feet in height and have safe -guard consisting of sprinkler systems, smoke detectors
and any other fire protection equipment deemed necessary at the time by mayor and council. Where a rear yard abuts a side yard
of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above the 35 feet height, and
have safe -guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by
mayor and council.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from
date of approval. Such approval is based on information provided in the application. Building permits may only be granted for
plans consistent with the approved application. Any deviation from the information submitted will require separate approval by
the mayor and council
(D) [Reviewing variance applicatlons]The staff, planning commission, and governing body, shall consider the factors stated herein in
reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor
and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the
requirements of these regulations.
(E) LrApplication approval.] Notwithstanding any other provisions of the Code of Ordinances, the staff of the community development
department through its department head may approve applications for variances without the need of public hearings and without
the need of review by the planning commission or the mayor and council as follows:
I. When either of the following circumstances exists:
a. The proposed improvement of alteration 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.
II. When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood
elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming structures as referred to in section 3-020.
If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may
request review by the planning commission and if the request is approved or rejected by the planning commission then the planning
commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be
necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of
a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020
and 3-090 as well as the public hearing requirements referred to in section 5-060. In the event the staff request review by the planning
commission and the planning commission rejects the request, the applicant may apply for the granting of a variance and follow the
procedure applicable to such request before mayor and council
(F) ,C'ompliance 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 or may result in enforcement
action by the City of Tybee Island.
(Ord. NO. 1999-27, -12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended -29-2001;
Ord. of 8-11-2005; Ord. 0.14-2010, 8-26-2010; Ord. No. 2-A-2014, § 1, 12-11-2014)
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'A
STAFF REPORT
PLANNINGCOMMISSION MEETING: December 20, 2021
CITY COUNCIL MEETING: January 13, 2022
LOCATION: 216 Butler Ave. PIN: 40004 07003
APPLICANT: DeSoto Beach Condo Association -O : DeSoto Beach Condo Association
EXISTING USE: Condominiums PROPOSED USE: Condominiums
ZONING: C-1 USE PERMITTED Y GT: Yes
COMMUNITY CHARACTER : Inland Cottage Neighborhood
PLICATION: 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 30 unit condo property to the
beach.
ALYSIS: With the dune construction that the City did the owners no longer have a level path to the beach. The
owners would like to have a crossover for easy access to the beach. 3rd St. is adjacent to this property and has a
moby mat path to the beach. _It seems to me that the simpler solution would be for the Association to put a gate on
the 3' St. side of the property and use the existing public beach access
The Comprehensive Plan describes the Commercial Gateway in which it lies as follows:
This area functions as an activity center and serves as the commercial gateway for the City. Zoning
classifications are C-1, C-2, R-1, R-1 B, R -T, and -2. The mix of neighborhood commercial uses include
shopping, crafts, restaurants, and eco -tourism
Comprehensive,Community, ,
Commercial . r
Recommended Development Strategies
Strategy
YIN or
Encourage®• - r mixed use development anr redevelopment alongthe US 81
commercial• d•
Discourage down -zoning within the US :1 commercial corridor
Establish standards for a maximum percentage of residential use on a per parcel basis to
age mixed
U11COUrus
pedestrian •v....' -- . r' i!-
.2provements'
Allow for the appropriate mix of retail, residential, and tourism related uses consistent with
the Plan vision
Implementt parking improvementsEstablish
,
noise and sight buffers between commercial uses and adjacent residential area
Review parking requirements to ensure they are not prohibitive to future commercial
I
development
STAFF FINDING
The applicant has the option to install a gate on the 3rd St. side of their property and use the public beach access.
Staff recommends denial.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Special Review application (5 pages)
E. Description (1 page)
C. Construction drawings (I page)
D. SAGIS map (I page)
2
Y OF TYBEE ISLAND Fee
0
4/1 SPEQA L, REVIEW APPLI-CATION
Applicant's a
Address and location of subject property
I
Applicant's
Telephone Number = MOO
1
Applicant's Mailing Address
Brief asci i land development activity anduse of the land thereafter take placen i the property:
All
Property Owner'sI_ Number
Property_ n r' Address
Is Applicant the Propertyr? Yes No
If Applicant is the PropertyOwner, Proof of Ownershipis c Yes
If Applicant is other than the Propertyr, a signed affidavit fr r r granting... the
Applicant permission to conduct such land development is attached hereto. s
Current i of PropertyCurrent Use
Names r ss s of all adjacent property owners are attached:Y
If within ( ars immediately preceding the filing f the Applicant's application for a zoning action, the
Applicant s made campaign contributions aggregating to moreor and any member of
Council or any member of the PlanningCommission, lic t and the Attorneyrepresenting the Applic t
must disclosethe following:
a. The a e of the local government official to whom the campaign trig i r gift was
b. The dollara u of each campaign contribution made by the applicantt the local government
official i t (years immediately prece i the filing of the application for this zoning
action, and the datec contribution;
c. An enumeration and description of each ift having a value r more made by the Applicant to
the Iclyr toici during( yearsi fitly preceding t filingof the
a ppp H r this o inaction.
t
Signature li Dat
NO : Other specific a is required for each type of Special Review.
Fee A aunt Check Number-ata
city offlaal
This application mustaccompanied y following information:
VIZ A detailed descriptionf the proposedactivities, hours of operation, or number of units.
_Z`41 copies, no smaller than 11 x 17, of the proposedsite .. architectural ' ri s.
Disclosure of ign' Contributions form
The Applicant s that he/she has read the requirements r Site Plan Approval and has provided the
r uir ormatiot s f his/her ability in a truthful and honest manner.
i n t r A licant DaV
L,2/)e�t-
kr �t
CITY TYBEE ISLAND
E
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Have you within the past two () years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES NO
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION.
NAMEOF CONTRIBUTIONS
GOVERNMENT OF $250.00
OFFICIAL O
ITS
OF $250.00
O ®
ATE OF
CONTRIBUTION
IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION,
THIS FORM MUST BE FILED WITHTHE ZONING ADMINISTRATOR FINE (5) DAYS
PRIOR TO PLANNING CO N MEETING IF CAMPAIGN CONTRIBUTIONS O
-GIFTS IN EXCESS 50.00 HXV BEEN MADE TO ANY MEMBERF THE
PLANNIN MISSION OR M OR AND COUNCIL.
Signature
Printed Name
Date
P.O. Box 2749 — 443 Butler Avenue, Ty%ee island, Georgia 31328-2749
(866) 786-4573 — FAX (66) 786-5737
www.ei",oftybee.or
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