HomeMy Public PortalAbout20220110_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
January 10, 2022 — 6:30 p.m.
For City Council Meeting February 10, 2022 — 6:30 p.m.
B. Consideration of Minutes:
1. Minutes of December 20, 2021
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
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[WilmX110 11 "
1. SPECIAL REVIEW: extension of existing boardwalk -900 Butler Ave. -40006 0500 —zone R-2
—Kathy Ross, Fresh Air Home.
2. SUBDIVISION OF LAND: recombination of lots on Mortar Avenue -zone R -I — CFK
Properties -Chris Koncul.
3. ZONING VARIANCE: requesting to put a free-standing sea turtle pool in the undercroft of
building -37 Meddin Drive -40001 03012 -zone R-I/NEC-Tybee Island Marine Science Center.
Adjournment:
Lisa L. Schaaf
Dernery Bishop
Ron Bossick
GoodingMarie
iwsan Hill
Elaine T. ..........
David McNaughton
J. Whitley Reynolds
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George Shaw
Planning Commission Meeting
MINUTES
December 20, 2021
Chair Demery Bishop called the December 20, 2021 Tybee Island Planning
Commissioners present were Marie Gooding, Susan Hill, Elaine T. McGrt
Whitley Reynolds and Vice Chair Ron Bossick.
Consideration of Minutes:
Chair Demery Bishop asked for consideration of the November 15
Hill made a motion to approve. Ron Bossick seconded. The vote to
Disclosures/Recusals:
Chair Demery Bishop asked if there were any Disclosures or
herself from item two, 214 Butler Ave.
Old Business:
Chair Demery Bishop
rot i �li� . � "
;sion meeting to order.
vid McNaughton J.
1 meeting minutes. Susan
eve was unanimous.
Susan Hill asked to recuse
any old business. There was none.
New Business:
Variance: reauestine to chane setbacks — lot 4Alger Ave. — Zone R-1— 40020 04004 — Michael
Lucas.
George Shaw stated the applicant Michael Lucas has a property on Alger Avenue that is a
substandard R-1 lot. The lot is approximately 3,200square feet and R-1 requires 1.2,OOOsquare feet.
This lot is smaller than most in that area. With the setbacks as required now he would have a
690square foot footprint to build. With the variance the footprint could be approximately 1,290square
foot footprint. 690square foot is not fitting for the area. Staff recommends approval. Elaine
McGruder stated we are not able to require that it is not used as an STVR. Ron Bossick asked if the
pavers and driveways can be extended into the right of way. George Shaw stated yes that is allowed.
Susan Hill asked if this will set a precedent for all the other substandard lots that are still available to
be approved. George Shaw stated according to the City attorney there are no precedents especially in
land use. Each property is looked at individually on a case by case basis. Mack Kitchens who lives at
6 Alger Avenue approached the planning commission and stated he would ask that this item gets
approved. He lives next door to this property and he will build this home for his primary address.
Michael Lucas the applicant approached the planning commission and stated he wants to build this
home for his primary home. Elaine McGruder asked the applicant if he is going to be living in the
home full time and not renting it out. Michael Lucas stated yes this will be my primary home. David
McNaughton ask the applicant if he will have one or two stories above the garage. Michael Lucas
stated it will be two stories. Ron Bossick made a motion to approve. Whitley Reynolds seconded.
The vote to approve was unanimous.
Special Review: requesting to build a crossover — 214 Butler Ave. — Zone C-2 — 40004 07004 —
Desoto Beach Condo Association.
George Shaw stated the Desoto Beach Condos is between the Desoto Hotel and Third Street. This
property is adjacent to the third street access that would be available to them to use. Staff recommends
denial. David McNaughton asked if there is a path in the dunes already. George Shaw stated yes
there is a path through the dunes there now. Keith Gay who is a managing partner for the
condominiums said the owners of the property asked him to make this application on their behalf. The
path that is there is approved by the DNR for the property to use. There is one place to put a gate at the
back corner of the building, but it does require a ramp and a lot of the, guest are older and have
children to have to go around to the street. They feel it would be a safety_ problem. DNR declined a
few other options we suggested or asked about. Whitley Reynolds made a motion to approve. There
was no second. Motion died. Elaine McGruder made a motion to deny. David McNaughton
seconded. The vote was three to two. David McNaughton, Elaine McGruder and Marie Gooding
voted for the motion. Whitley Reynolds and Ron Bossick voted against the motion. The motion to
deny passed.
George Shaw stated three of the 2022 mot
meeting can be moved to accommodate an
The decision was to move the four months
Adjournment:
Lisa L. Schaaf
dates fall on holidays and the November
old like to take the week of thanksgiving off.
M
PLANNING COMMISSION MEETING: January 10, 2022
CITY COUNCILMEETING: February 10, 2022
LOCATION: 900 Butler Ave. PIN 40006 0500
APPLICANT: Kathy Ross OWNER: Fresh Air Home, Inc.
EXISTING USE: Children's summer camp PROPOSED USE: Add private crossover
ZONING: -2 USE PERMITTED Y GT: After special
review
COMMUNITY CHARACTER Beachfront Neighborhood
APPLICATION: Special review Section 3-100 Beach, dune, or vegetation disturbance%rossover maintenance and
construction.
PROPOSAL: The applicant is requesting to construct an extension of their existing crossover to the beach.
ALYSIS: The applicant is requesting to extend an existing crossover to the beach. The current crossover no
longer makes it to the beach as the dune field has grown in that area. This crossover is needed for the many
children who stay at Fresh Air Home every year.
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
The existing crossover for this property no longer reaches the beach. Staff recommends approval.
1
Comprehensive Plan — Community Character Area
BeacLfront Neighborhood
Recommended Development Strategies
Meets
Strategy
YIN or N/A
1.
Historic structures should be preserved whenever possible
Y
2.
Enhance the pedestrian environment where feasible
Y
3.
Preserve old growth trees
Y
4.
Preserve and maintain public beach access and enhance when necessa
Y
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
STAFF FINDING
The existing crossover for this property no longer reaches the beach. Staff recommends approval.
1
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Special Review application (5 pages)
B. Description (1 page)
C. Construction drawings (1 page)
D. Proposed subdivision plan (1 page)
E. SAGIS map (1 page)
2
�a
CITY OF TYBEE ISLAND Fee $500
SPECIAL REVIEW APPLICATION
Applicant's Name
Address and location � ub�ect properly �, � � �' � to c::m �•
PSTN Applicants Telephone Number
Applicants Jilin address k- 1`� ,
Brief description of the land development activity and Esse of the land thereafter to tale place on the property:
.r
Property O_ ner°s e '�-,� n Telephone um r 2 mm
Property Owner's Address
Is Applicant
If Applicant is the Propertyvier, -_roof of Ownershipis attached., ._ Yes
If Applicant is other than the
. Property Owner, ,a signedvit from the Property Owner granting
the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of Property
Current Use C".
i
Names and addressesf all adjacent property ownersare attached: i'e
If within two (2) yearsimmediately c i the filing of the Applicantsli io for a zonio r , the
Applicant has made campaign ntri ins aggregating to moreto the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applic nt
must disclose the ll in t
a. The o of the local government official to whom the campaign contribution or gifts de;
b. The dollar amount of each campaign c t tt n made by the applicant to the local government
official during the two () years immediately prece i the filing of the applicationfor this tonin
action, and the date of each contribution;
c. An enumeration and descri tin of each giftvin value r more made by the Applicant to
e local over e t official ri o immediately preceding the filing of the
application for this zoning action.
r"
i no r f pllcnt to
Other specific t is required for each f Special Review.
CheckFee Amount ate
City ciao
This p can must be accompaniedfollovAng information:
zA detailedtion of the proposed activities, hours of operation, or number of units.
, no smaller 11 x 17, of the proposed site plan and architectural renderings.
itDisclosure of Campaign Gontributions form". . c.
The Applicant certifies that he/she has read the requirements for site Plan Approval and has provided
required information to the best of his/her ability in a truthful and honest manner.
Signature of Applicant Date
CITY OF TYBEE ISLAND
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Have you withinthe past j years made campaigncontributions I
having an aggregategalas of $250.00 or more to a member of the City of Tybee Island
Planning I i n, or Mayor and Council or any local government official who MI be
considering the rezoning li ?
YES NO
IF YES, PLEASE COMPLETE THE FOLLOWING
IF YOU WISHIREZONING
APPLICATION, THIS FORM MUST BE FILEDIZONING
FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN
CONTRIBUTIONS I IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY
PLANNINGMEMBER OF THE I ICOUNCIL.
Signature
J
P' twit a \ ...
Date
an administrative procedure prior tot e issuance of any land development permit.
(A) Review criteria. The planning commissionshall bear and make recommendation upon such. uses in a district
that are permitted after special review. e application to establish such uses all be approved y the mayor
d_council on a finding that:
(1) The proposed use will not be contrary to the purpose of this Land Development_Code;
The proposed use will not be contrary to the findings and recommendations of the masterplan;
(3) The proposed use will not be detrimental to the use or development of adjacent ro erties or the general
neighborhoodor adversely affect t e 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 ro e ies;
( e proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said
e,
(`%) The parking and all development standards set forth for each particular use for which a permit may be
granted will be met.
MAdWitional mitigation requirements. The planning 'ssion may suggest and the mayor and council may
impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips,
screening, etc.);
( may be ne ssary to protect the health and safety of workers and residents int e community; and
( To protect the value and use of property in e general neighborhood.
(C)Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any -
e rt granted pursuant tote provisions of these regulations, noncompliance of any term, condition,or
restrictions upon which such permit was granted, the mayor and council shall rescind and revolve such
permit after giving due notice to all parties concerned and granting fall opportunity for a public hearing.
(Wermit longevity. If a building permit or other preparations or conditions e required "or to implementing
special review approval ted by the mayor and council such permitting or other preparations or
conditions must occur 12 monthso e date of special review approval. uc approval s based o
informationprovided in the application. Building permitsmay only be granted for plans consistent"with
the approved application. Any deviation from the io atio submitted require separate approval y
planningcommission ayor and council. In the event of a hardship or other eenua ' circumstance
the permit holder may apply to the designated city official for a one-time extension of permit approval.
Permit extensions a 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.
(Ord. No. 05-2013, 1-10-2013)
Chatham County, Georgia
https://www.chathamtax.org/PT/Datalets/PrintDatalet.aspx?pin=400...
PARID: 40006 05007
FRESH AIR HOMES
900 BUTLER AVE
Tax Commissioner Summary
Status
ACTIVE
Alternate ID
2931857
Bill #
2931857
Tax District/Description
040-TYBEE
Legal Description
BEACH LOTS 57 AND 58 WARD 3 TYBE E
Appeal Status
Parcel Status
Parcel
Deferral
Years
Total
Status
Exist
Support
Millage Rate
Active
No
33.6050
Parcel Information
Property Class
E3 - Exempt -
Charities
Mortgage Company
Exemptions
Most Current Owner ;
Current Owner
Co -Owner
Care Of
Mailing Address
FRESH AIR HOMES
PO BOX 14144 SAVANNAH GA 31416
Digest Owner (January 1)
Owner
Co -Owner
Care Of
Mailing Address
FRESH AIR HOMES
PO BOX 14144 SAVANNAH GA 31416
Tax (Penalties and Interest Included
through Current Date)
Year Cycle
Billed Paid
Due
2021 1
0,00 0.00
0.00
Total:
t
I
0.00 0.00
0.00
I of
1/4/20224'12:21 P
Item
Area
Group Care Home - 424:Group Care Home
5492
-1243:CANOPY, WOOD FRAME, LIGHT FALSE MANSARD
2212
-1243:CANOPY, WOOD FRAME, LIGHT FALSE MANSARD
70
-1243:CANOPY, WOOD FRAME, LIGHT FALSE MANSARD
671
- 1721:BUILDING, CONCRETE FLOOR, PLAIN
600
-1243:CANOPY, WOOD FRAME, LIGHT FALSE MANSARD
290
- 1243:CANOPY, WOOD FRAME, LIGHT FALSE MANSARD
488
- 9105:PAV€NG, CONCRETE
900
MrMMWr0FNAn#MLRF9WAM
COASTALREsouRcEs
Fists!
t
£ CONSEPew WAY ° BRUNSWICK A 31510.9112 s �
COASTALGADNkORG
MARK WILLIAMS
DEC 7 202
Ms. Vicki Hodges
P.O. Boy. 14144
Savannah, Georgia 31416
Re: Latter of -Permission, Maintenance& Extension of Existing Private Dune Crosswalk in
the State's Shore Protection Act (SJurisdiction, The Fresh Air Home, 900 Butter,
Avenue, T an Atlantic , Chathamsunt., Georgy
Dear Ms. Hodges:
This letter of Pennission (LOP) is its response to your request to maintain i n existing dun
crosswalk located at 900 Butler Avenue. An LOP was previously issued March 25, 2020, but the
authorized work has not been conducted due to project delays. The purpose of the prqjeet is to
protect the dune field and to facilitate safe ingress and egress to the dry sand beach for the
hundreds of"children attending camp at the Fresh Air Home during that camp sessions. The project
will begin no sooner than 15 days after the date on this latter and be completed within 6 months of
issuance.
As proposed, the rcli ct scope include-, replacement of the existing 41 ft. X 4,66ft. crosswalk
and construction ofa n approximately 1 2ft. X 4.66ft extension over the accrcting dynamic dune
field. The seaward terminus of the crosswalk shall be located immediately seaward of the
seaward -most dares as marked by CRD Staff primer to commencing r with construction. Portions of
the existing structure will be reniovcd in their entitcty, while other portions will be cut at grade
using hand tools only. To facilitate the replacement of pilings, stringers and decking, a I ft..
corridor of vegetation will be trimmed parallel to and immediately adjacent to the existing dune
crosswalk. All trimmed d e to on and discarded crosswalk materials will be removed friar the
site daily and disposed of in an off-site disposal facility. Using band tools only, any excavates
sated will be collected and deposited seaward oft e ordinary high -crater lime immediately ly s awaird
of the crosswalk. Clearing vegetation and grading of darts in the fbotprint of the crosswalk is not
authorized; stockpiling'material in the duties is also prohibited. No heavy equipment is authorized
in connection with this project. All work, must be accomplished usini hand tools only.
Any change in the use, location, dimensions, or configuration of the approved project, without
prig notification a nd approval ftin this office, rel result in revocation ref this LOP and the
required removal of the materials and routed structures. This project must comply with all other
Federal, State, and local statutes, ordinanccs and regulations.
The Department authorizes the maintenance and extension of the dune crosswalk as depicted in
the attached description and platys, subject to the Standard Pc it Conditions for Dune
Crosswalks (attached). This LOP is not meant to exempt the above referenced activity from future
environmental laws. No unauthorized equipment, materials or debris may be placed,
disposed of, or stored in jurisdictional areas. Any incidental finpacts associated with this
project must be rectified by fully restoring areas to their pre-construction too° hn
vegetative states. This LOP is valid for the above referenced project only.
If you have any further questions r concemsera regard to this or any rather project, please feel free
to contact Deb Barreiro at (912) 266.3695.
Sincerely,
H
Jill Andrews
Chief, Coastal Management Section
Enclosures: Project description, attachments and DNR's Orme Crossover Standard Conditions
cc: George Sham
City of Tybee Island
P.O.n 2749
Tybee Island, Georgia 3132
OP 210127
COASI'AL RESCR)RCES DIVISION
COMMISSIONER DIRECTOR
Share Protection Act O.C.G.A.12-5-230
Standard toit Conditions for Dune Crosswalks
Only one crosswalk structure shall be allowed on a parcel. In considering the design and routing
of a crosswalk, the shortest route over the lowest area of the duns shall be plotted to minimize
inspects to the sand sharing system. For new construction, no decks or viewing platfonns will be
approved in the jurisdictional area. Previously permitted and grandfathered structures may be
maintained provided they are serviceable. le. dditionaall , the applicant requesting the structure
must own 100% of the private lands through which the structure crosses or have the express
written Pe fission of the owner.
The following standard conditions shall apply to dune crosswalks:
1. The height of the structure shall be at least 36" above the grade of the sand dune and
the width shall be no greater than 6" as measured from the outside posts, to allow for
sated movement or accretion in the dynamic dune field.
2. The terminal paint of the crosswalk shall be seaward of the seaward most dune but
shall not encroach seaward of the ordinary high water lime in the active intertidal
beach,
1 If the shoreline erodes and the crosswalk extends seaward of the ordinary high water
line, it will be the responsibility of the applicant to move the pennittcd improvements
back to the dry sand beach, landward of the ordinary high water line.
m' The structure shall begin at the toe of the landward most dune,
5. Meavy equipment is prohibited in the Shore Protection Act jurisdiction. This project
must be constructed easing hand tools.
6. Clearing and grading of dunes is not authorized in conjunction with the construction
of this project; stockpiling ofmaterials in the dunes is prohibited.
7, Vegetalion may be cleared only for the width of the permitted structure. The
maintenance trimming of jurisdictional vegetation will only be allowed within 6" of
the sides of the structure and 7' high over the structure.
. _;filo motorized vehicles are permitted on the crosswalk structure, except for motorized
wheelchairs for handicapped personas.
9, Any sand needed to restore the site to pre-project vegetated and topographic
conditions, or for backfilling, must be beach quality and obtained from an upland
source and not from the beach,
ONE, CONSERVATION WAY � pltti a CK, Gtc kGiA 31520-86&6
912,264.7218 1 FAX, 912,262,3143 i WWW,C0ASTALGADNR,oPG
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STAFF FJEPORT
PLANNING COMMISSION MEETING: January 10, 2022
CITY COUNCIL MEETING: February 10, 2022
. y. .
LOCATION: Mortar Ave. lots 1-9, 11-16 PIN: 40020 02001
APPLICANT: CFK Properties, LLC. OWNER: CFK Properties, LLC.
EXISTING USE: vacant lots 'PROPOSED USE: recombination of lots
ZONING: R -IB USE PERMITTED BY GT: yes
COMMUNITY CHARACTER Ft. Screven Historic District
APPLICATION: Subdivision of land. Article 10 subdivision regulations
PROPOSAL: The applicant is requesting approval of a recombination of 15 lots into four lots.
ANALYSIS: The applicant has 15 adjacent parcels that are mostly marshland. To make good use of the land the
applicant wishes to recombine the 15 lots into four lots as shown on attached plat. Existing lot lines will be
eliminated but no new lot lines will be created.
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, -2, R -T, R-1/NEC, P -C, and PUD.
Comprehensive + ,, ,,
The Ft. Screven Historic
Recommended Development Strategies
Meets
Strategy
YIN o r NIA
Establish standardsr guidelines for.•
Provide signage for landmarks and historic businesses
■ - • • , r •, • -
`
r • • .•• •r • • • • rrojectsT
nt with connected facilities
Consider . • opt on • arc ectura stanr . •sr storic
c
STAFF FINDING
All lots to be created meet minimum lot size standards. All lots will have direct street access and be served by City
water and sewer. Staff recommends approval
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Subdivision application
B. SAGIS map (1 page)
C. Plat of existing lots (1 page)
D. Outline of proposed lots (1 page)
2
,kik h F
.. Fee
CITY OF TYBEE ISLAND
Al
_Vmajor Subdivision $500
SUBDIVISION OF LAND APPLICATION —Minor Subdivision 12
Applicant's Name C
Address and location of subject prope0,191
PIN Applicant's Telephone Number ,.R
Applicant's Mailing Address
Brief description of the land development activity and use of the land thereafter to take place on the property:
F
req
5
Property Owner's Name`Telephone Number
Property Owner's Address IN_.
Is Applicant the Property Owner? Yes No
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 wner granting the
Applicant permission to conduct such land development is attached hereto. Yes
Current Zoning of PropeU krty Current Use r, _C
Names and addresses of all adjacent property owners are attached: Yes
If within two () 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 wasmade;
b. 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 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 fling of the
application for this zoning action;
isclos i n i utio form attachment hereto: Yes
Signature of Applicant Date
NOTE: thw specific data is required for each type of Subdivision of Land.
--------------------------------------------------------------------------------------------
_Fee Amount $ Check Number Date
City Official
NOTE: This application must be accompanied by following information:
1 "copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines.
4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan.
The name(s) of all proposed new street(s) or private drive(s). ,
13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan.
The Planning Commission may require elevations or other engineering drawings covering the proposed
subdivision.
The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the
approval of the City's engineering consultant®
The Applicant certifies thathe/she has read the requirements for Major/ for Subdivision and has provided
the required information to the best of his/her ability in a truthful and honest manner.
All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions
for each zo g distri the lot width shall be a minimum of 60 feet at the building line.
Signature of Applicant Date
. t
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.chathamcoun .org The accuracy and completeness of this
information shall be the responsibility of the applicant.
CITY OF TYBEEIS N
CONFLICT OF INTERE5-�IIINN Z
ACTIONS DISCLOSURE OF CAMPAIGN
CQ ITRIBUTIONS
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?
YS NO
IF YES, PLEASE_ COMPLETETHE FOLLOWINGSECTION:
NAME F CONTRIBUTIONS DATE OF
GOVERNMENT$250. F $250.00
OFFICIAL E CONTRIBUTION
IF YOU WISH TO SPEAK CONCERNING THE ATTACHEDREZONING PLIC T ,
THIS FORM MUST BE FILEDWITH THE ZONING ADMINISTRATOR FIV (5) DAYS
PRIOR TO PLANNINGCOMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS
GIFTS IN EXCESS OF $250.00 Y MEMBER OF THE PLANNING
COMMISSION Y COUNCIL.
Signature
Printed Name
Date
Sec. 5-130. Major subdivision plat procedure.
It shall be the duty of the planning commission to inspect preliminary plans and to recommend approval or
disapproval of such plans. It shall be the duty of the planning commission to inspect final plats and the
information submitted with such final plats, and to recommend approval of such final plats when the
requirements of this article have been met and to recommend disapproval of such final plats when the
requirements of this article have not been met. When the planning commission acts on a plat, it shall forward it
to the mayor and council with its recommendations.
(,)Action on prelinainaryplan, If the planning commission finds that the proposed design of the
subdivision shown on the preliminary plan complies with the design requirements of these regulations, it
shall recommend approval of such preliminary plan to the mayor and council. If the planning commission
finds that the proposed design of the subdivision shown on the preliminary plan does not comply with the
design requirements of these regulations, then the planning commission shall either recommend disapproval
of such plan or shall recommend approval of such plan on the condition that specified violations are
corrected prior to the submittal of the final plat. When the mayor and council disapprove of a preliminary
plan, it shall give the developer the reasons for such disapproval in writing. Except where an extension of
time is authorized by the applicant, the planning commission shall have up to 30 days from the date of
the submission of a preliminary plan to act on such plan. Unless the planning commission makes a
recommendation for approval or disapproval on an application within the 30 -day period, it shall be deemed
that a recommendation of approval has been issued by the planning commission. The mayor and council,
following review by the planning commission, shall hold a public hearing in accordance with the procedures
applicable thereto. Following the public hearing, the mayor and council may approve, disapprove or require
modifications to the subdivision plat.
(B) When preliminary plan approved, work may proceed. When a developer receives approval of the
preliminary plan showing the design of his proposed subdivision, he may proceed with the construction of the
subdivision, such construction shall conform with the design submitted to and approved by the mayor and
council.
(C) Time limit on preliminary approval. The mayor and council's approval of a preliminary plan shall be valid
for one year. If work has not started on a subdivision which has been granted preliminary plan approval on
or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for
preliminary approval; provided, however, that this time may be extended unless changes have occurred in
this article, or in the character of the property surrounding the property of the proposed subdivision which
make it necessary to revise the design of the proposed subdivision as determined by the mayor and
council.
(D) Finaipiat Before a plat of a subdivision is recorded with the clerk of the Superior Court of Chatham County
and the lots thereon offered for sale, an original and four prints of a final plat showing the final design of
the subdivision shall be submitted to the planning commission for review. Until a final plat of a subdivision
has been submitted to and reviewed by the planning commission and approved and signed by the zoning
administrator, mayor, and clerk of the city, the clerk of the Superior Court of Chatham County shall not
record the plat of such subdivision, nor shall the owner or agent of such subdivision be authorized to
transfer or sell any of the land within such subdivision by reference to a plat. For large subdivisions, the final
plat may be submitted for approval progressively in contiguous sections satisfactory to the planning
commission. The original copy of the final plat shall be drawn on 18" x 24" sheets of Mylar reproducible
material at a scale of not less than 200 feet to the inch. Where necessary, the final plat may be several
sheets accompanied by an index sheet showing the entire subdivision. The final plat shall contain the
following information:
(1) Primary control points to which all dimensions, angles, bearings, and similar data on the plat shall be
referred.
(2) Tract boundary lines; right-of-way lines of streets; easements and other rights -of -way; property lines of all
lots; and in all such cases with surveyed dimension, bearings or deflection angles, radii, arcs, and central
angles of all curves shown.
(3) Name and right-of-way width of each street or other right-of-way.
(4) Location, dimensions, and purpose of any easement.
(5) Dumber to identify each lot or site,
(6) Purpose for which sites, other than residential lots, are dedicated or reserved.
(7) Minimum building setback line on all lots and other sites,
O Location and identification of monuments.
(9) Dames of record owners of adjoining unplatted land.
(10) Reference to recorded subdivision plats of adjoining platted land by record name.
(11) Certificate that all survey work was performed by a registered civil engineer or registered surveyor.
(12) Statement by owner, on the plat, dedicating streets, rights-of-way, easements, and any sites for public
use. This statement shall be signed by the owner, or his attorney as agent, and shall read as follows:
All streets, rights-of-way, easements, and any sites for public use as noted on this plat are hereby dedicated
for the use intended.
(owner or attorney as agent)
Such dedications must be formally and specifically accepted by the mayor and council of the city before such
dedications shall be binding on the city.
(13) Title, scale, north arrow, and date.
(14) Key map showing the location of the subdivision in the city.
(1) All plats shall show the expected limits of the 104 -year flood where appropriate.
(16) Any further requirements as specified by .C.C.A. § 15-6-67. ,-
F
( irisate from t If lots are to be served by neither public sewers nor
public water, nor both then the final plat shall be accompanied by a certificate from the county health
department certifying health department approval of the water supply system and/or waste disposal
system to be used and health department approval of lot sizes and lot widths established in such
subdivision.
Certirkate from engineer. At the time the final plat is submitted, it shall be accompanied by a
certificate from the developer's engineer certifying that the subdivider has complied with either of the
following conditions:
(1) All improvements have been installed in accord with the requirements of this article and the flood damage
prevention provisions for the city (article 8 of this Land Development Code) and in accord with the design
approved by the mayor and council on the preliminary plan; and
() A bond, escrow account or certified check has been posted, which is available to the city, and in sufficient
amount to assure the completion of all required improvements, as well as to assure the maintenance
thereof for a period of not more than 12 months after completion. The mayor and council may reduce the
bond or escrow account 50 percent at the end of six months. At the end of the second six months, the
developer shall request an inspection, and if no faults or failures have developed, the mayor and council shall
release the bond or escrow. Such bond or escrow shall remain in force until released by the mayor and
council after due inspection of said improvements and shall not automatically expire at the end of 12 months.
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) Topographicinformation shall be required. (Ord. No. 2003-21, 10-9-2003)
Only e benchmark shall be tequired.An existing accessible benchmark within 200 feet of petitioner's
property, if shown on the plat,'shall satisfy this requirement.
dramageplan withi l ati s is required The plan and calculations shall be prepared
by a professional engineer licensed by the state to provide such services.
Provided that whereseries r subdivisions veloped or proposed immediately
adjacent to one another, the planning commissionr mayor and council may require the
developer ` o, comply withthe proceduresor major subdivisions.
Residential l aving peculiar shape or topography tili i private
driveway access easements, i the purpose and intent of these regulations are met
Such easements shall have a minimum width of 20 feet. The following notation shall be placed on the
subdivision plate "The private driveway access easement is hereby dedicated perpetually for use by the
owners and residents of all lots within this subdivision and will not be maintained by the city." This provision
will only be applicable to minor subdivisions.
(G) Duplexes separatedfirs ll that extends at least three feet above the rooffine.
In the event the applicant has no present plans to construct on the property, an appropriate statement shall
appear upon the plat to the effect that all drainage requirements must be met prior to the issuance of
building permit on any lot in the subdivision and that there will be compliance with article I; chapter 22 of
the City Code except to the extent the requirements of that article may be inconsistent with this section.
Time limit on minors i ii t approval, The mayor and council's approval of a minor subdivision
plat shall be valid for 60 calendar days from the date of approval. If the plat has not been recorded with the
county superior court on or before the end of the 0 -calendar -day period, then the plat shall be resubmitted
for reconsideration.
(Ord. No. 2003-21, 10-9-2003; Ord. No. 2004-17, 8- -2004; Ord. No. 2004-17, 8- -2004; Ord. No. 2004-17,
amended 1-12-2005; Ord. No. 2003-21 Minor Subdivision, amended 12-1-2003; Ord. No. 37-®2014, § 1, 8-14-
214)
Sec. . Standardsr subdivision proposals.
(A) All subdivision proposals shall be consistent with the need to minimize flood damage.
(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(D) Base flood elevation data shall be provided for subdivision proposals and other proposed development.
Mcg . Tree protectionr r
During the subdivision plat approval process and also during the site plan approval process, the existing
location of all significant trees shall be considered so as to preserve such trees unless no feasible alternative
exists in order to make reasonable, beneficial economic use of the property. To be considered are the locations
and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks,
driveways, final site contours, building footprints, and other impacts on existing significant trees. When no
feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on
the plans, as well as the location, size and types of the trees planned to meet mitigation requirements as
outlined in section 7-080.
Schedule f development regulations.
A. Schedule of residential district dimensional requirements.
Zoning
Minimum Lot Area
Minimum Yard Setback
Maximum
District
(square feet)
Distance (feet)
Structure
Height
(feet)
Single-
Two-
Multi
Front
Rear
Side
Family
Family
Family
R-1
12,000
Not
Not permitted
20
20
10
35
permitted
R -1-E3
6,600
Not
Not permitted
20
10
10
35
permitted
R-2
4,500
6,750
Not permitted
20
10
10
35
RT
7,000
8,000
8,000 buildable to 80% of the property
20
20
10
35
exclusive of the setbacks
(1) In any residential district (R -I, R -1-B, R-2 and RT) where the average front setback distance for existing
buildings on all lots located wholly or partly within 200 feet to each side of any lot, and within the same
zoning district and fronting on the same side of the same street and on the same block as such lot, is less
than the minimum setback required in such zoning district, the front setback on such lot may be less than
the required setback but not less than the existing average setback distance for all lots within 200 feet to
each side, provided that in no case shall the front setback on new construction be less than ten feet. When
lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum
required setback for the purpose of computing an average setback distance. When existing structures on lots
within 200 feet on each side exceed minimum front setback required in such zoning district, the required
setback shall be used for the purpose of computing an average setback distance.
18'
Seo illustration and table for visual ciarificatiom A 18`
8 20`
-B 20'
200' 200' C 16,
60' 90, 6Y 60'' 60' 60' 6� C 16'
. �.
—71— 7— r —1 sirs 14'
l I n I l I s4reetE 16'
l I 1 l I I I l 20'
1 [ v cant 1 , l I l ; i 20'
R-2 lot
i I I l l l C NA
8 j C l E F 1'78 ;10 w 17.8`
front setback
allowed on Lot D
B. Schedule of other than residential districts (commerdal, mantIme & transitional busin ss -residential)
dimensional re airs tints
**Zone
Minimum
Front
Rear (feet)
Side (feet)
Maximum
Lot Area
Yard
Structure
(square feet)
Height
(feet)
C-
(Not applicable to
0
None required except 15 feet if
None required except 15 feet if
35
1(A)***
allowed uses)
bordering residential use, ,
bordering residential use.
C-1(13)
(Not applicable to
8
6
5
35
allowed uses)
C -1(C)
4,500 Single -Family
20
10
10
35
6,750 Two -Family
1,125 per unit Multi -
Family
C-2
(Not applicable to
10
6
6
35
Commercial uses)
M -G
(Not applicable to
20
10
10
35
allowed uses)
TBR
4,500 Single -Family
20
10
10
35
6,750 Two -Family
*When abutting public streets, any principal structure shall be located no nearer than five feet to that lot line.
*Where a commercial establishment abuts a residential zoning, a suitable screen will be required. See section
3@160. This screen shall be either natural (planting) or manmade and shall be maintained in good order and
approved by the Zoning Administrator. Minimum height is six feet.
***C -1(A) Retail uses and food/beverage service uses.
C -1(B) Hotel and motel uses, with 80 percent maximum lot coverage.
C -1(C) Residential uses, including single-family, o -family, and multi -family (triplexes, quadraplexes,
townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast
uses, and public structures,
C. Structures above 35 feet If a variance is granted by the mayor and council for a building with a height in
excess of 35 feet, in no event shall a building permit be granted without the following restrictions;
(1) Structures greater than 35 feet in height shall be fully equipped with fire safeguards consisting of sprinkler
systems; smoke detectors and any other fire protection measures deemed necessary at the time by the
mayor and council.
(2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed
agreeing to same to be completed within an agreed upon reasonable time.
ARTICLE
SUBDIVISION REGULATIONS
.
Sec. 10-020. Authority.
The mayor and council of the city, pursuant to the authority conferred by the provisions of the Georgia Code,
annotated, do ordain and enact into law the following articles and sections.
Sec. 10-030.Areaembraced.
The jurisdiction of this article shall be all that area within the corporate limits of the city.
. Purpose.
The various sections of this article are adopted for the following purposes, among others;
(A) To help conserve and protect the natural, economic, and scenic resources of the city.
() To help prevent and reduce the traffic congestion and traffic hazards which result from narrow or
poorly aligned Streets, and which result from excessive entrance and exit points along major traffic arteries.
(C) To help eliminate the costly maintenance problems which develop when streets and lots are laid out
without proper consideration being given to the drainage characteristics of the tract of land at the time the
land is being subdivided into streets and lots.
(D) To help prevent the spread of urban blight and slums.
(E) To help ensure that residential lots will be of such design, area, and width as will prevent health and
sanitation problems from developing in those subdivisions with lots to be served by individual water
supply and waste disposal systems.
() To help ensure that all building lots will be accessible to firefighting equipment, and other emergency and
service vehicles.
() To help protect the investments of the buyers of subdivision lots,
(H) To help promote and protect the health, safety, prosperity, and welfare of the citizens of the city, and
for other purposes.
Sec. 10-050. Minor subdivisions.
In the case of a minor subdivision which shall have lots fronting only on an existing, open, and public street and
which does not require a new street and each new lot meets the minimum lot size requirements of section 3-090
for the current zoning district, the developer of such subdivision shall only be required to submit a final plat.
Sec. 10-060. Variance.
When a peculiar shape, or the topography of a tract of land, or other unusual condition, makes it
impractical for a developer to comply with the literal interpretations of the design requirements of this
article, the mayor and council, following a recommendation of the planning commission may approve variances
to these regulations, provided, however, that in so doing, the intents and purposes of this article are not
violated. For such a variance to be considered, the applicant must follow the variance requirements in section
5-090 as well as the subdivision approval procedures.
. Illegal land subdivision.
Unless a subdivision hereafter established shall be designed, developed, and recorded in accordance with the
provisions of this article, then:
(A) The city shall not accept the dedication of any street within such subdivision, nor shall the city improve,
maintain, grade, pave, or light any street within such subdivision unless such street or streets shall have
received the status of public streets prior to the adoption of the ordinance from which this article is derived.
(13) The city shall not assume any responsibility for drainage problems within such subdivision unless city -
owned and maintained drainage structures already exist in such subdivisions.
() The city shall not issue a building permit within such subdivision.
(D) No unit of local government shall be authorized to extend any publicly operated service or utility
into such subdivision.
Sec. 10-080. Designstandards.
(A) Minimum design standards and improvements. In order that various purposes of this article may be
accomplished, all subdivisions hereafter established shall be developed and improved in accordance with
streets and collector streets within a proposed subdivision, the sub -divider shall design the street system
within such subdivision to conform with the location and arrangement of such arterial streets and collector
(16)Sidewalk ' Sidewalks may be installed on all major afterials for single-family and multifamily residential,
and on major and secondary arterials for commercial.
(E) Street design and construction specifications. Except as hereinafter provided, all streets established
in any subdivision shall be clesicined and constructed in accordance with the followirIg
List of Specifications
Type of Streets
Arterial
streets
Collector
streets
Minor
streets
Marginal
access street
Private
drives
(I)Minimum right-of-way
60 ft,
60 ft.
60 ft,
40 ft.
20 ft,
optional
optional
[(2)Reserved]
(3)width of shoulders (ditches)
8 ft. _
8 ft.
8 ft.
8 ft.
optional
(4)Back slope (curb and gutter)
8 ft.
8 ft,
8 ft.
8 ft. __ _
aptional
(5a)Maximum slope of shoulders or back slope
- One inch for every one foot
optional
(5b)Minimum slope of shoulders or back slope
One-half an inch per one foot
optional
(6)Pavement width
30 ft.
30 ft.
26 ft.
20 ft.
optional
(7)Percent base course or subbase compaction,
modified proctor**
100%*
95%*
95%*
95%*
optional
p
(8)Type of paving
Asphalt or concrete installed to city specifications.
optional
(9)Distance between reverse curves
100 ft. ---
100 ft.
100 ft.
100 ft,
optional
(10)Minimum street centerline elevation
7.5 ft. __
T5 ft.
7.5 ft.
7.5 ft,
optional
*Field density check tests shall be taken at the rate of one test per 1,500 square yards
of paving.
"Proctor tests shall be made from representative soil sands taken from the area to
be paved.
(II)Drainage. Developer's engineer shall certify that the subdivision will drain
adequately.
Additional right-of-way for roadside ditches may be required when needed. In addition, all subdivisions
and ,all expansions of old subdivisions shall be provided with drainage structures .sufficient to
accommodate a ten-year storm with immediate runoff; with outfall drainage and structures sufficient to
accommodate a 50 -year storm flood.
(12) Storm drainage structures. No storm drainage system shall be allowed to discharge on the
beach.
(13) Sidewalks, All sidewalks are to be made of Portland cement concrete and meet or exceed the following
lengths:
a. Single-family. four feet, four inches (not required on minor or private streets).
b. Multi family. six feet, four inches.
c. Commercial. Eight feet, four inches.
Notwithstanding any other specifications for streets contained in this subsection, any minor subdivisions which
propose to have a private drive shall require a private drive of at least 20 feet in width. Major subdivisions
which have marginal city streets must have a minimum right-of-way of 40 feet and an 80 foot cul-de-sac shall
be required except on through streets. On subdivisions of nine or more lots there shall be a minor city street
required of a 60 -foot right-of-way with an -foot cul-de-sac on non -through streets. Subdivisions may not be
staggered or developed in such a way so as to avoid or reduce the requirements of this provision.
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Type'. QCD
Kind: QUIT CLAIM DEED
RECORD AND RETURN TO-, Recorded: 10/2312020 12:54.00 P
Klein Law Group, 11C Fee Amt: $25.00 Page 1 of 3
15 Lake Street„ Suite 214 Chatham, Ga. Clerk Superior Court
Savannah, GA 31411 Tammie Mosley Clerk Superior Court
Participant ID(s): 6758095320,
STATE OF GEORGIA ) 7067927936
COUNTY OF CHATHAM )
BK 2111 PG 66 - 68
QUIT CLAIM
THIS INDENTURE made and entered into this day of October, 2020, between Chris
oncol Construction, LLC, as Party of the First Part, and CFK Properties, LLC, as Party of the
Second Part;
WITNESSETH:
THAT the said Party of the First Part, for and in consideration of the sum of Ten ($10:00)
Dollars and other valuable consideration to it in hand paid by the said Party of the Second Part, at
and before the sealing and delivery of these presents the receipt and sufficiency of which is hereby
acknowledged, has remised; released and quit claimed, and by these presents does remise, release
d quit claim unto the said Party of the Second Part, its successors, representatives and assigns, all
of its right, title and interest in and to the property located at and known as:
1 Solomon Avenue, Tybee Island, Chatham County,' Georgia, as more particularly described
on Exhibit "A" attached hereto:
TOGETHER WITH ALI. AND SINGULAR the buildings, dwellings, houses, outhouses,
improvements, casements, hereditaments, rights, members and appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, claim or demand whatsoever at law or
in equity of the Parties of the First Part of, in or to the same, or any part thereof.
TO I IA E AND TO HOLD the above described and conveyed property and premises free
and clear of any claim or claims by the Party of the First Part, or any person or persons claiming
under or through it.
IN WITNESS WHEREOF, the said Party of the First Part has caused its name to be signed
and sealed by its duly authorized Manager, on the day and year first above written as the date hereof.
Signed, Sealed and Delivered Chris Koncul Construction, LLC
in the presen of;
By:
Witness Christopher Koncul, Managing Member
& In [Company Sear
No a Public
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EXHIBIT if A ?9
ALL those certain lots, tracts or parcels of land situate, lying and being on Tybee Island,
Chatham County, Georgia, and being known and designated as LOTS ONE (1) THROUGH
NINE (9) AND LOTS ELEVEN (11) THROUGH TEEN (16), INCLUSIVE, BLOCK 14,
BAY WARD, as shown on the map or plan of the Town of Tybee, made by Percy Sugden, C.E.,
July 29, 1928. Together with improvements thereon, property more commonly known as 81
Solomon Avenue, Tybee Island, Georgia 31328 and having PIN 4-0020-02-001.
Subject, however, too all restrictions, easements and rights-of-way of record.
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STAFF REPORT
PLANNING COMMISSION MEETING: January 10, 2022
CITY COUNCIL MEETING: February 10, 2022
LOCATION: 37 Meddin Drive PIN: 40001 03012
APPLICANT: Tybee Island Marine Science Foundation OWNER: City of Tybee Island
EXISTING USE: Marine Science Center PROPOSED USE: Marine Science Center
ZONING: -1 - C USE PERMITTED BY GT: -Yes
COMMUNITY CHARACTER : Ft. Screven Historic District
PLICATION: Variance from Article 8 -Flood Damage Prevention, -180 General standards.
PROPOSAL: The applicant is requesting a variance from the requirement of -180 4b. So as not to violate the
"lowest floor criteria of this article, the unfinished or flood resistant enclosure shall only be used for parkin
of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the
elevated area.
The variance is requested so that a permanent display, a sea turtle tank, be allowed to remain below base
flood.
ANALYSIS: The building was designed and built to the specifications of the Marine Science Center knowing that
no permanent displays were to be located below flood. The turtle tank was donated after the building was
constructed and it was discovered that the building was not designed to support the weight of the tank. Other
solutions that would meet the requirements of the City's Flood Damage Prevention ordinance, such as a flood
proofed room or an elevated area to the rear of the building could be constructed to house this tank. If viewing
charismatic megafauna is the best way to educate visitors about these animals and our coast the building should
have been designed to house them or retrofitted to support this tank above base flood.
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, RC, and FUD.
1
ComprehensiveP,Community, ,
The Ft. Screven Historic District
Recommended Development Str, ,.
Meets
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YIN s r NIA
Establish standards and guidelines for signage
Provide signage for landmarks and historic businesses
I.
Preserve and restore historic structures-w-he—never possible
Provide appropriate incentives f•r historic restorationprojectspull
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7. 1 Consider adoption of architectural standards for historic structures N/A
STAFF FINDING
Staff reconimends denial.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Site plan application
B. Site plan
C. Elevations
D. Survey
2
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CITY OF TYSEE ISLAND Fee
ZONING VARIANCE APPLICATION
Commercial 5500
Residential $200
Applicant's Name: Tybee Island Marine Science Center &Foundation (T SC&F)
Address and location of subject property: 37 Meddin Drive — Tybee Island, Georgia 31328
PIN: Applicant's Telephone Number: 912.660.7164
Applicant's Mailing Address: P.O. Box 1879 - Tybee Island, Georgia 31328
Brief description of the land development activity and use of the land thereafter to take place on the property
The Center requests a variance for use of the free-standing sea turtle pool located in the undercroft of the Tybee Island
Marine Science Center. The base of the pool is at 11' above sea level. If the pool were raised to the 15' level as prescribed
by FEMA to be above flood level, the top of the pool would be 6" from the ceiling and essentially staff would be unable
to manage the pool and therefore the sea turtle(s) located within it. Structural Engineer Hunter Saussy of Saussy
Engineering determined that after careful measurements and calculations, a protective encompassing wall as suggested by
FEMA would be superfluous and serve no additional purpose than the pool walls already provide against an unusual
flooding event. The Center therefore requests a variance for use of the sea turtle pool in its current location with no
further action.
Explain the hardship:
If the variance is not granted, our current sea turtle on display in a much smaller aquarium located in the West Gallery on
the first floor of the Center, will have to be released in cold water temperatures since he is nearing the Georgia
Department of Natural Resources' size limit for his current aquarium. Resident sea turtles are the primary exhibit for the
Center and without a sea turtle on display our education and stewardship programs will have no charismatic mega fauna to
educate visitors. Observing a Loggerhead Sea Turtle in person is the most impactful way to teach the natural history of
and instill stewardship for sea turtles in general, specifically Loggerhead Sea Turtles, Georgia's coast most common sea
turtle, and concomitantly, for our fragile coast.
Property Owner's Name: City of Tybee Island (under management of Maria Theresa Procopio Executive Director of
TIMSC and Cathy J. Sakas; President, T SF)
Telephone Number: 912.272.5008 (Maria Procopio); 912.660.7164 (Cathy J. Sakas)
Properly Owner's Address: 37 Meddin Drive — Tybee Island, Georgia 31328
Is Applicant the Property Owner? Yes X No
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 application for this zoning
action.
Disclosure of Campaign Contributions form attachment hereto: — Yes
Signature of Applicant Date
NOTE: ()ther specific data is required for each type of Variance.
Fee Amount $ Check Number Date
City Official
NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate
the information outlined below.
REFEBENCE DESCRIPTION
-040 O (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot
restrictions.
5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor.
-090 (A) (1) 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;
-090 (A) () That 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.
NOTE: Provide attachments illustrating conditions on surrounding properties and on
the subject property, indicating uniqueness, etc.
-090 () 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 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
CITY OF TYBEE ISLAND
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
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
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAMEOF
GOVERNMENT
OFFICIAL
CONTRIBUTIONS GIFTS DATE OF
OF $250.00 OF $250.00 CONTRIBUTION
OR MORE OR MORE
IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING PLICATION,
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.
Signature
Printed Name
Date
See. 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 item (1)belo
(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 finished grade of a property
except:
(1) 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.
(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 deviationfromthe 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 requirementsof these regulations.
(E) Application approval. Notwithstanding any other provisions of the 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 of alteration will not result in an expansion of the existing footprint of the
existing structure; ar
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.
DI•l�ll���'IM.M► s
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 commissiods 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) 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 or may result in enforcement action by
the City of Tybee Island.
SAUSSY ENGINEERING
400 Johnny Mercer Boulevard, Suite E
P.O. Box 30597 Phone: (912) 898-8255
Savannahs Georgia 31410 Fax: (912) 898-1882
Page 1 of 2
November 9, 2021
Tybee Island Marine Science Foundation
37 Meddin Drive
Tybee Island GA 31328
An: Cathy J. Sakes ,
President
Re: Tybee Island Marine Science Center
Project No. 21112
Dear Cathy:
I recently visited the Marine Science Center at the request of Maria Procopio to review the
feasibility of installing a concrete flood wall around the turtle tank located in the basement of the
building on the lowest level.
The tank is a low profile fiberglass structure with inside dimensions of 12'xl2'x4.5' deep sitting
directly on the brick paver and will be filled with salt water.
It is our understanding the City of Tybee wants a concrete flood wall constructed around the
perimeter of the tank with a sliding floodgate in order to prevent the tank from receiving any
lateral flood loads during a flood event which might cause the tank to be displaced and possibly
come in contact with the concrete columns supporting the main building structure.
After considering the nature of the use of the to (i.e. filled with salt water) and the nature of the
loads which might be applied to this structure during a flooding event, it is my opinion that a
flood wall will not be necessary and that the lateral loads induced on the tank during a flood are
not sufficient to cause displacement of the tank from its current location.
I performed an analysis of the loads which would be imparted against the tank during a flooding
event. Basically, the types of loads which the tank would receive area hydrostatic load and a
hydrodynamic load. Since the interior of the tank will be full of water, the effects of the
hydrostatic load, or that load which is applied to the face of the tank due to the depth of the water
and not considering any movement of the water, would not be applicable since water would be
on all four sides of the tank including the interior. The loads would cancel each other out
resulting in a zero net lateral load against the tank due to hydrostatic loads.
Therefore, the only load which could be imparted against the tank would be a hydrodynamic
load, which is a lateral load resulting from the movement of the water at a certain speed against
the face of the tank on one side. Based on our calculations, a total hydrodynamic load against
one face of the tank of 5700 pounds would be applied. Resisting this load would be the weight
of the tank and contents (41,618 pounds) multiplied by a coefficient of friction between the
bottom surface of the fiberglass and the brick pavers. Based on our research, this is a difficult
value to obtain between these two different surfaces, however, based on our review of other
!MME]SAUSSY ENGINEERING
400 Johnny Mercer Boulevard, Suite E
P.O. Box 30597 Phone- (912) 898-8255
Savannah, Georgia 31410 Fax- (912) 898-1882
Page 2 of 2
coefficients of friction for various materials, we conclude that a reasonable coefficient of friction
would be 0.30. This would result in a load resistance capability of 12,485 pounds which is over
twice the calculated lateral load of 5700 pounds.
Our conclusion is therefore that the tank cannot be displaced simply by the loads imparted on. t
by hydrodynamic loads and that a flood wall is not necessary.
Should the flooding occur when the tank is empty, it is reasonable to assume that the tank would
float and therefore no lateral load against the main building structure could occur.
We hope this conclusion is helpful and if we can be of any additional assistance, please do not
hesitate to contact me.
Yours truly -CCVV;OR
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