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HomeMy Public PortalAboutPC-PACKET-MAY 16TH 2022.pdfSTAFF REPORTPLANNING COMMISSION MEETING: May 16,2022 CITY COUNCIL MEETING: June 9 2022 LOCATION: 101 Lovell Ave: PIN: 40004 01015 APPLICANT: Emily Liebtag OWNER: Emily Liebtag (Anchor Down LLC) EXISTING USE: Restaurant (Co ericial) PROPOSED USE: Same ZONING: C-2 PROPOSED ZONING: C-2 USE PERMITTED BY GT: Yes COMMUNITY CHARACTER Commercial Gateway PLICATION: Site plan review PROPOSAL: The applicant requests site plan approval to add an outdoor deck, close a curb cut and add parking. ALYSIS: The restaurant currently has 88 seats and six employees on an average shift. This would require 18 parking spaces per our code. There are currently 11 off street parking spaces. The addition of the deck which would have up to 12 seats would require an additional 2 spaces. The plan proposes five additional spaces on site and the closing of the curb cut would allow the City to add two additional pay spaces. 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 -IB, -T, and R-2. The mix of neighborhood commercial uses include shopping, crafts, restaurants, and eco -tourism Comprehensive Plan — Community Character Area Commercial Gateway Meets Recommended Development Strategies Strategy YIN or NIA 1. Encourage commercial and mixed use development and redevelopment along the US 80 Y commercial corridor 2. Discourage down -zoning within the US 80 commercial corridor Y 3. Establish standards for a maximum percentage of residential use on a per parcel basis to N/A encourage mixed us 4. Enhance pedestrian movements with streetsca e improvements Y 5. Allow for the appropriate mix of retail, residential, and tourism related uses consistent with Y the Plan vision 6. Implement traffic calming measures and parking improvements Y 7. Establish noise and sight buffers between commercial uses and adjacent residential area N/A 8. Review parking requirements to ensure they are not prohibitive to future com ercial N/A development 1 STAFF FINDING Closing the curb cut adds some level of safety to the area and an income source for the City. The location of the deck is currently unused. The additional spaces create a higher percentage of off street parking. While the plan falls short of the required number of spaces it does improve the parking numbers. Staff recommends approval This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. ,Site plans C. Property card D. SAGIS map 2 CITY OF TYBEE ISLANDFm — 09 0, SITE PLAN AeE8QyALAEEUgAIM mm;rcia; R�shiinW;l P50 Applicant's Name t �a Address and location of subject property I t3\\ P Applicant's Telephone Number Do — qcA 01- J Applicant's Mailing Address Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name Telep o e Nu ber 1 ti PropertyOwner's Address 31 Is Applicant the PropertyOwner? 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 e Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property G a Current Use Names and addresses of all adjacetpropey owners are attached: Yes If wit o (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more t $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. Si at o Applicant late NOTE: Other specific data is required for each type of Site Plan Approval. ........ ..-- .......... .......... .............. ......... .................................. --- .................... ................ ........... ,......... ............. Fee Amount $ 5 1#06Check Numb Date 1P1bp— CityOfficial *, a NOTE: This application must be accompanied by following information: 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. 1 copy, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping pl 11-21 Disclosure of Campaign Contributions The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. Sigf a ure 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? S NO IF YES, PLEASE COMPLETE THE FOLLOWING ECTI NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED ZON APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS OR TO PLANNING COMMISSION TI IF CAMPAIGN CONTRIBUTIONS O GIFTS' IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBERTHE PLANNING COMMISSION AYO AND COUNCIL. Signature PrintedName Date Lca Planning o ission submission: Address: 101 Lovell Ave Business: Salt Island Fish & Beer ProjectDetails: Salt Island has noticed that having a curb cut on the property exiting to 80 has caused a safety issue for our guests waiting at the side of the building and on the sidewalk as cars end up using the property as a roundabout. The plan would be to remove the curb cut which wouldallow space fort e city to add 2 meteredring spots on highway 80 as well as allowing the business to gainprivate parking spots for our guests. Salt Island would also Like to add a deck to the west side of the building to create a better, more pleasing waiting and seating space for our guests. This deck would require no variances. Names and Addresses of neighboring properties: 5 Lovell Ave Michael and Angela Frye, 1002 E 4th Savannah, GA 314...1 ---2 3 V t — Doug (we do not know last name) 912-657-2725 ;BOUHAN One West Park Avenue TALLIGANT Savannah, GA 31401 ATTORNEYS & COUNSELORS AT LAW CLOSING STATEMENT Date--:- April 30, 2018 MACJANLYNN, LLC Midi I (Lai I ra-1,74g *14) Itsm"ga M, Anchor Down, LLC wwiwvflj���j FC Federal Bank Property: 101 Lovell Avenue, Tybee Island, Georgia 31328 N 4-0 PI 004-01-015 Settlement Agent- Bouhan Falligant LLP 7 �♦ ��Vwwjvn�� -- - --- M *Simultaneous CADDAISBA Loan to be closed by Weiner Shearouse Weitz Greenberg & Shawe, LLP pursuant to separate settlement statement. 1. SELLER STATEMENT �jt—em Description Purchase Price $1,150,0011 0.00 1 Pro -rated 2018 P —InstallmentReal Prope!ly Taxes Pro -rated 2018 Personal Property Taxes Commission Fee to Keller Williams - Savannah ®r! M1 �--Loan pa�to Well��r o (504, -Loan) Loan Nyoff to U.S. Small Business Administration (Hurricane Loan) Earnest Money Paid in Advance to Seller1 111' 11 2018 1" Installment Real Property Taxes to Chatham County Tax Commissioner $1,64,952.18 II. PURCHASER STATEMENT 2 Item DescriptionDebits Credits I. Purchase Price $1,150,000.00 2. Earnest Money Paid in Advance to Seller $10,000.00 3. Primary Loan from TC Federal Bank $1,003,000.00- 4. Pro -rated 2018 1 sc Installment Real Pro2erty Taxes $1,218.43 5. Pro -rated 2018 Personal Pro2erty Taxes $168.52 6. Deed Recording Fees to Clerk of Superior Court $16.00 7. Security Deed Recording Fees to Clerk of Superior Court $28.00 8. UCC Financing Statement (Statewide UCC Index) Recording Fees to Clerk of Superior Court $10.00 9. UCC Fixture Filing Recording Fees to Clerk of Superior Court $14.00 10. Affidavit of Facts Recording Fees to Clerk of Su erior Court $16.00 i 1. Transfer Taxes to Clerk of Superior Court $1,150.00 12. Intangibles Taxes for TC Federal Bank Loan to Clerk of Superior Court $3,009.00 13. Lenders' Policy Title Insurance Premium to First American Title Insurance Company $2,856.00 14. Title Abstract Fee to Harris Title & Research Co. $433.00 15. Flood Insurance Premium to American Bankers Insurance Company of Florida $8,114.00 16. Attorney Fees to Bouhan Falli ant LLP $5,500.00 17. Loan Origination Fee to TC Federal Bank $5,900.00 18. Third Party Lender Fee to Wells Faro $2,950.00 19. Credit Report Fee to TC Federal Bank $51.43 20. VeraCheck to TC Federal Bank $145.00 21. Tax Service Fee to TC Federal Bank $128.00 22.1 Flood Certification Fee to TC Federal Bank $24.00 23. 1 Environmental Report to Whitaker Laboratory, Inc. $2,100.00 24. 25. Total Debits Total Credits $1,M,662.86 1 $1,013,16852 Balance Due from Purchaser $170,494.34 2 ADDENDUM: 1. This Closing Statement and Addendum and the matters set forth in the underlying contract expressly stated to survive the closing shall survive the closing and shall not merge into the conveyance deed from Seller to Purchaser. 2. This Closing Statement and Addendum may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same Closing Statement. 3. The parties acknowledge and agree that the amounts set forth herein are a true and correct representation of the transaction evidenced by the Closing Statement. Having read, approved and agreed to the above disbursements, the undersigned parties hereby authorize Bouhan Falligant LLP to make the disbursements set forth in the Closing Statement. This Addendum is an integral part of the Closing Statement and by their signatures hereon the parties agree to the terms set forth herein. [SIGNATURES BEGINON FOLLOWING PAGE] 3 SELLER: A sNL rifty a Georgia limitedmpany By: Agnes g1er, its Sole Member and Manager' [SIGNATURES CONTINUE ON FOLLOWING PACE] 4 [SIGNATURES ONT UE FROM PREVIOUS] PURCHASER: ANCHOR DOWN, LLC, a Georgia limited liability company By: �?— aily-Ek-bit'ag, its Manager By: Eric. ietg, its a 5 SAGIS Map Viewer ANCHOR DOWN LLC 101 LOVELL AVE Tax Commissioner Summary Status ACTIVE Alternate ID 2947148 Bill # 2947148 Tax District/Description 040-TYBEE Legal Description LOTS 37A & 38A WARD 1 TYBEE PR B 40P 59 Appeal Status Parcel Status Parcel Deferral Years Total Status Exist Support Millage Rate Active No 16.8038 Parcel Information Property Class C3 - Commercial Lots Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Care Of Mailing Address ANCHOR DOWN LLC PO BOX 729 TY EE ISLAND GA 31328 Digest Owner (January 1) Owner Co -Owner Care Of Mailing Address ANCHOR DOWN LLC PO BOX 729 TY EE ISLAND GA 31328 Tax (Penalties and Interest Included through Current Date) Year Cycle Billed Paid Due 2022 1 6,267.13 0.00 6,267.13 2021 1 12,663.93 -12,663.93 0.00 2020 1 13,103.27 -13,103.27 0.00 2019 1 13,077.96 -13,077.96 0.00 2018 1 9,543.36 -9,543.36 0.00 2017 1 7,481.89 -7,481.89 0.00 2016 1 7,248.95 -7,248.95 0.00 2015 1 7,318.38 -7,318.38 0.00 Total: 76,704.87 -70,437.74 6,267.13 EXISTING IGS IRIS CUT TO BE ELIMINATED CREATING 1 TO 2 METERED PARKING SPACES AID 7M- 2) IW P(I&JO RECOMS REFEREA0W MW LP" FOR "IC TA T OF ZW BOWMARY OF V#S PROPERTY THEY ARE NOT AND DO ACT COW171UTE A D&C SEARW. V J) INS PLAT T REnM VIE T. T CONCRETE AS AUnfORIM, ) ALL. WRAMW ARE ? W A Y r OFMAnWAL RESOURCES NO a t T AS S ASCaNnWTE PORCH r` IVV71 1`47" ) NO ENWCAMNTAL AWAS OF 6) PROPERTY SHOW htfiEON IS SUMCr M ' q T Y i MS IS TO CER WY THA r ACCOMM TO 04WWTY PAM 1444M. -f F `� C Z A IwAR a aff"Ii a Am imw& ' ' SAR <3'S, -PAGE aow aEVA MW Or: PROPOSED FRESTANDINCf S.L. '0194"* DAnN COVERED DECK rn Ca ` ® .r w ADD:M L 1 -0'" 1°-Q'4 TOT A- 9,432.1 SQFT 0.21 f FA W40 0 112- REBAR F000 PRE*SM PlAr- 1,4040W+ 01wo i it r T PROMWON AtKUM 05' PER ANGLE POW AUSA&WF WDW; LEAST SWAM,`s� WA IER V MD XO- 7AVIlt � G a00R LAMP rY `y Ar t A.x-6- IMS T Ar _ .91 WAM? METER ' CREATENOr Y PVaW AAE4-% SrRar4 OR RVIIS Or YA _.om mEr I FURVIER CERTIFY MAT 71*S SUR" WAS LOT 37B 2 PLMG 10 Y T 1T f A IS AI r_ r ,�i GAS VALW Ama YHA r IT , =_41 WOE wx FENCE DS RE"EV 8Y LAW Ul ADDITIONAL. PARKING SPACES —P— H &UTDWGbAll Ai EAAmoACATS t c> $.SUBNKS10M MAP 8" cnI 71,72'21 , f ly 04 ..LOT 36* a 36*A" CAM R, I,R.L.S. 01 .T* r RLWERCARL R. JACKSON £SURVEY PLAT OF MAC , f Z r, x: RESTAURANT, A Y,> Gad t Y .�t 5th G.M. DISTRICY; jjVC 1,1121 om—=ms 01-0 50-2189 WARD 1, LOTS 3 SCAM. I" - 20' DATE: 7111111 P` , f) . 66 T, r a , P:° 11047 T f f STAFF REPORT PLANNING COMMISSION MEETING: May 16, 2022 CITY COUNCIL MEETING: June 9, 2022 LOCATION: 6 Taylor St. - : 40001 10009 APPLICANT: David Terry and Cheryl Thomas OWNER: Same EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: R-1 USE PERMITTED BY T: 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 6' setback variance to enlarge a deck in the rear setback. ANALYSIS: The general character of the area surrounding this lot is residential. The size of this sub -standard lot is approximately 6300 square feet. The minimum lot size in the -I district is 12000 square feet. The requested variance does not meet the "hardship" test outlined in Land Development Code Section 5-090 (A): (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The required building setbacks for lots zoned R-1 are 20 -feet front, and 20 -feet rear and sides. The applicant is requesting approval of setback variance to add to the rear deck that extends 6' into the rear setback. The applicant also plans to redesign the side stairs to that they will no longer encroach into the side setback. 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, public parking. Zoning includes R-1, R-2, R -T, R-1/NEC, P -C, and PUD. Comprehensive Plan — Community Character Area The Ft. Screven Historic District Meets Recommended Development Strategies Strategy I'/N or N/A 1. 1 Establish standards and guidelines for signage N/A STAFF FINDING There is an unused 10' lane that runs behind this property between Pulaski and Pearwood. It appears to be a remnant of Ft. Screven and presumably this belongs to the City. If this lane was split between adjoining parcels there would be no need for a variance. Since the lane exists the deck does extend into the rear setback and no hardship exists. Staff recommends denial of the application. This Staff Report was prepared by George Shaw. ATTACFHAENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map II1 III' f#• an improved bicycle and pedestrian environment with connected facilities Consider adoption of architectural standards for historic structures STAFF FINDING There is an unused 10' lane that runs behind this property between Pulaski and Pearwood. It appears to be a remnant of Ft. Screven and presumably this belongs to the City. If this lane was split between adjoining parcels there would be no need for a variance. Since the lane exists the deck does extend into the rear setback and no hardship exists. Staff recommends denial of the application. This Staff Report was prepared by George Shaw. ATTACFHAENTS A. Variance application B. Narrative C. Site Plan D. SAGIS map 1. Does the requested variance change the Tybee Island character designation for the property as described in the Master Plan? If so, provide a brief explanation. 2. _.lease explain the purpose of the;requested variance and the intended dever e t of the subject r if the variance Is granted. ewOe-e ,. i -r ! 3. please explain the specific provision within the Tybee IslandDevelopment Code from _ which e variance is requested. 4. Per the Tybee Island a eve[_ ent Code, the Tybee IslandPlanning Commission shall not make recommendation n 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 . pili r to the land, structures and buildings involve ► Ic� 1 T h a % r L�ANG SwAketl laff'rWSeNi US A00 1"a 66N TIAQ B. The variance is necessaryuse the particular physical surroundings, size, shape r topographical condition eproperty involved wouI result in unnecessaryar s i for the owner, lessee r occupants as distinguished from a mere inconvenience. C. The condition r irin a requested relief is not ordinarily found in properties of the same tonin district as the subject pry. ! ► t� t °TAS -[0-E , t t t % 1 i6- 7 IN L% t 7& ; D. The condition is created by the regulation in the Tybee Islandn vl nt Code and not by the action r owner or applicant. t T 11J-Ta ACedvpi- -TVAU MMEW T %-T%oNAL. , T T} Sv v EL.® °cam 1 'T ®r. At, E. The granting f the requested variance will not conflict with, 26-70-Amendments an dific ti n to the Fire Prevention Code of the Tybee Island Code of Ordinancesor endanger the public. F. The variance requested is the minimum variance that will make possible the reasonable use of the land, buildingor structures. V i? ftj Please list all current owners of properties located immediately adjacent to or directly across the street from the subject property, This information may be obtainedChatham County Tax Assessor's d (912) 652-7271 r by usinghit t -- r and I t f i information shall be the responsibility f the applicant. This application must`be accompanied by additional documentation, including drawings that include or illustrate the information outlined below® NCE QE5QgIMM 5- ) (1Site plan and/or architectural rendering f the proposed development depicting e location f lot restrictions. ® () (2) Narrative describing the hardship and the reason for the variance request. Har shi eans Me c1rcumstances wherecircumstance spedal condMons, Mich were not self-created or created by n r owner, affect a partwular property and make sinct conformity Wffi the i i rr governIng a1r en i r al rr ar (such as lot area, wIdth, setbacks, yard requirement& or building %of) unnecessalinsome or unreasonable in light f the purpose of this code e a hardship Is present only where, in the absence f a vara ce, no ea i e use can be madeof the property.) Explain the hardship: 5- () O A survey of the property signed and stampedy a Statef Georgia certified land surveyor. ® () () That there are unique physical circa sta c r conditions beyond that of surrounding properties, including: irregularity; narrowness; or, shallowness f the It shape; r, exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, r the safety, or to historicalsignificance, that i peculiar to the particular ; and; 5-090 () ) Because of such sical circumstances or conditions, the property cannot be developed in strict conformity i e provisions of the Land Development Code, without undue hardship to the property. r a ach do IIldstratin itis rr _ n in r e ' s art n e sib' i dicatin i n cw 5-090 ) helght, No part of any structureshall project beyond®feet above the average adjacent grade of a propertyexcept: s i n , terms and definitions; height of building. () The following items that were existing e date of the adoption f thissection; a ales, television aerials, water towers and tanks, steeples and belltowers, a ca in and relay towers, transmission line towers, and electric substation structures. The ;Applicant certifies that he/she has read the requirementsr Variances and has provided the required information to the best of his/her ability in a truthful ande a er. Signature of Applicant Date 5-090(C) Variance longeyitK After a variance has been granted by the mayor and council it shall be valid fora period f 12 months from date of approval. Such approval is based on information provided in the application, Building permitsay only be granted for plans consistent with the approved application. Any deviation from information submitted ill require separate approval by the mayor and council. -090. - Variances. (A) Standards. After an application has been submitted to the designated city official, reviewed by the planning commission, and a public hearinghas been hold by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development Code only if a physical circumstance, condition, or consideration exists as described in subsection (1), (1) There are unique physical circumstances or conditions or considerations beyond that o surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 see ectlon -0 }s irregularity, narrowness; or shallowness of the lot shapes care 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 stricture does not constitute a unique physical circumstance, condition, or considerations () Height leo part of any structure shall project beyond -feet above the average adjacent grade of a property except: (1) See sec to 1i}A terms and definitions; height of building. (2) The following items that were existing on the data of the adoption of this section; flag poles, 'television aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission line tourers, and electric substation structuress (C) Variance longevity, After a variance has been granted by the mayor and council it shall be valid fora 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 bythe 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 variances In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations. (E) Application approvaL Notwithstanding any other provisions of this Code of Ordinances, the designated city official may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the mayor and council as follows: (1) When either of the following circumstances exists; a. The proposed improvement or alteration will not resuit in an expansion of the existing footprint of the existing structure; or . No additional encroachment into any setback shall be created by the proposed improvement, : nstruction or addition. (2) When each of the following circumstances also exists: . 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 improveme it r construction will not violate existingzoning r vision . This subsection shall have specific application to existing nonconforming structures as referred to in SBL (F) Compliance with ordinances. Notwithstanding aray other provision of this Codd 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 fifes with the application a detailed written explanation f how, when, and by whom the deed 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 d 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 it penalties permissible bylaw. A variance that is granted under this section does not excuse prior violations including those that have resulted or may result in enforcement action by the city, (Ord, No, 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 9-29-2002; Ord. of -11-20058 Ord. No. 14®2010® 8-26-2010; Ord. No. , § 1, 4-25-2019) i_!*ng Deck 4 4 4 w I (tom CFO QV7 uu� d K �F y i t k I (" � ", 3, q "os d'1 C (D CFO Ln D "' A K amu. m f j 00 � ( F g s q(Ca }} yy X e 4 CFO - Eli UO�Y a, QD n. m.� €� n Door n s G i 3 e ,91-1 N I am, 116111 M 141114R. THOMAS CHERYL & DAVID L* 6 TAYLOR ST Most Current Owner Current Owner Co -Owner Care Of Mailing Address THOMAS CHERYL & DAVID L* POST MAIL BOX 2954 TYBEE ISLAND GA 31328 Digest Owner (January 1) Owner Co -Owner Address 1 Address 2 City State Zip THOMAS CHERYL & DAVID L* TYBEE ISLAND GA 31328 Parcel Status ACTIVE Parcel ID 40001 10009 Category Code RES - Residential Bill # 2983940 Address 6 TAYLOR ST Unit Suite City TY BEE ISLAND Zip Code 31328 - Neighborhood 20270.00 - T270 TYBEE SC EV Total Units Zoning R-1 Class R3 - Residential Lots Appeal Status Legal Description Legal Description LOT 9 BLOCK 35 FORT SCREVEN WARD TYBEE Deed Book 394L Deed Page 772 Permits Permit # Permit Date Status Type Amount 120120-1 03/02/2012 Complete RF - ROOF $5,575.00 Inspection Inspection Date Reviewer I D 03/31/2022 RKR 04/05/2019 KMMORENO 01/05/2015 HO AS 12/19/2012 KDLONG 05/23/2007 TLVxfHITFI p Tax Year Land Building Appraised Total Reason 2021 119,100 295,100 414,200 2020 119,100 244,100 363,200 Influence Factor 2 2019 119,100 244,100 363,200 2018 119,100 234,700 353,800 Effective Year Built 2017 119,100 236,600 355,700 1 - ONE STORY 2016 119,100 233,100 352,200 Condition 2015 119,700 185,800 305,500 0 2014 119,700 108,500 228,200 Full / Half Baths 2013 119,700 107,600 227,300 Sales Sale Date Sale Sale Instrument Book - Grantor Grantee Price Validity Page 02/14/2014 390,000 Q WD 394L - 772 FAIR CHRISTOPHER THOMAS CHERYL & T & MARIE DAVID L* 01/28/2005 420,000 U WD 282P - 0619 WITTENDORF FAIR CHRISTOPHER JOYCELYN A Line Number 1 Land Type U - UNIT Land Code 01 -SINGLE FAMILY RES Square Feet Acres Influence Factor 1 -5 Influence Reason 1 Influence Factor 2 Influence Reason 2 Residential Building Card # 1 Actual Year Built 1987 Effective Year Built 2005 Type 1 - Single Family Residence Style/Stories 1 - ONE STORY Percent Complete 100 Quality 300 Condition AV - AVERAGE Living Area 1,260 Basement Area 0 Finished Basement Area No Bedrooms 3 Full / Half Baths 2/0 Item Area Main Building 595 Al - 100:100- LIVING SPACE 425 Al - 721:721 -Carport, Flat Roof (SF) 300 A2 - 100:100- LIVING SPACE 240 A3 - 904:904 -Slab Porch (SF) with Roof 300 A4 - 901:901 -Open Slab Porch (SF) 120 A5 - 903:903 -Woad Deck (SF) 120 A6 - 903:903 -Wood Deck (SF) 32 A7 - 907:907 -Enclosed Porch (SF), Scree 595 A8 - 909:909 -Enclosed Porch (SF), Solid 425 A9 - 721:721 -Carport, Flat Roof (SF) 240 SAGIS Map Viewer i 140 60 12 CO 00 17 5 ac (6) (5) (4) 13 102 120 100 60 1 60 I LO 0 10 11 60 60 60 3 \25 127 113 13 (3 E s4 .q y gattr 4/22/2022, 10:48: 1:564 0 0 0.01 0.02 mi Property u r (Parcels) 0 0.01 0.01 0.02 krn SAGIS ALIS SAGIS `Esd Co ray Maps Contdbutors, Savannah Area GIS, 0OpenStreetMap, Wrosot Esn. HERE, Gamin, SafeGraph, GeolechndNies, Inc, META SA, USGS, EPA, NPS, US Census l* j...l. STAFF REPORT PLANNING COMMISSION ET May 16, 2022 CITY COUNCILMEETING: June 9, 2022 LOCATION: 2 81 Place : 40006 02001 APPLICANT: Stephen Friedman OWNER: Stephen Friedman EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: -2 USE PERMITTED Y GT: _Yes COMMUNITY CHARACTER : Beachfront Neighborhood PLICATION: Special Review for Sec. 3-100 Beach, dune, or vegetation disturbance/crossover maintenance and construction. PROPOSAL: The applicant is requesting approval to clear away dune material that is up against his home. He would like to build a retaining wall 14' from the east side of his home to stop the dune from advancing landward. He is also proposing a piped drainage system from the north side of the home into the dune system. ALYSIS: Sec. 3-100 states "It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon without having first obtained property federal, state, and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon..." The toe of the dune is against the applicant's home. This could possibly cause damage to the home due to moisture build up and lateral pressure. The Comprehensive Plan describes the Beachfront Neighborhood District as follows: The Beachfront Neighborhood to the east of Butler Avenue is exclusively R-2 zoning, with single family, multifamily, and duplex housing types. Wide streets with on street parking and old growth trees supplemented by side alleys characterize the area. Public and private beach access are available. M Comprehensive Plan — Community Character Area The Beachfront Neighborhood District Recommended Development Strategies Meets Strategy YIN or N/A 1. Historic structures should be preserved whenever possible N/A 2. Enhance the pedestrian environment where feasible N/A 3. Preserve old growth trees N/A 4. Preserve and maintain public beach access and enhance when necessary N/A 5. Do not allow intrusion of commercial uses N/A 6. Preserve the low density character of the area /A 7. Encourage preservation of the large historic beach to Butler Ave. lots /A 8. N/A M STAFF FINDING Staff believes that a retaining wall up"to 10 feet seaward of the home would be beneficial in protecting the structure. This application requests more extensive dune alteration. Staff recommends denial of anything beyond 10' from the east wall of the home. This Staff Report was prepared by George Shaw. ATTACILMENTS A. Special review application B. SAGIS map (1 page) C. Survey showing existing foundation, D. Construction drawing 2 , Fee $500 CITY OF TYBEE ISLAND )f 5EggIAkR9Y193W9AAEPEPJLI19A1M x Applicant's Namr. Jason P. Ball, PE, Ball Maritime Grou Address and location of subject property2 8th Place, Tybee Island, Georgia 31328 PIN 40006 02001 Applicant's Telephone Number (678) 357.6666 Applicant's Mailing Address 4 Cedar View Court, Savannah, Georgia 31410 Brief description of the land evel t activity anduse of the land thereafter to take place on the property: Addin anew concrete block retainin structure to alleviate'te ressre from the dune on the foundation wall. Property hr's Name Telephone r (678) 357.6666S Property Owner's Address Same as Above Is Applicant the Property Owner? Yes X - o If Applicant is the Property Owner, Proof of Ownership is ace Yep 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 attachedhereto. X Yes Current Zoning of Property R-2 Current Use Single Family Residence Names a addresses of all adjacent property owners are ached® X 'Yes If withino () years immediately precd in the filing of the Applicant's application for a zoningaction, the Applicant has made campaign contributions re atin to more than to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and theAttorney representing the Applicant must disclose tfollowing: . 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 overn ent official during the two ) years immediately r ce i the filing of the application for this tonin action,and the date of each contribution; c® An enumeration and description of each giftvin value of r more made by the Applicant to the local government official during the two () years immediately r ce in e filing of the up application for this in i na 05/09/22 nature Date NOTE: Other specific data_ is required r each of Special Review. Fee ount Check Number- 0ty official NOTE: This application u accompanied y additional documentation, including r in s that in4lude or illustrate the information outli` abelow._ )c It copies, 'no smaller than4 x 3E of the engineereddrainage and infrastructure plan. copy, no smaller than 11 x 17, of the existing rsurvey and the tree removal and land ping plan. Disclosure f Campaign Contributions Site planand/or architectural ren ri of the proposeddevelopment depicting the location- of lot restrictions. 1 copy, no smaller than 11 x 17,,of Me proposed sites plan andt u,t rendefings. Section -4 )1) survey of the property signed n ed by a State of Georgiacertified land surveyor. Section - (D)(2) Provide ` ch en illustrating conditions on the subject and surrounding pro e ies indicating that there are unique h is i circumstances or conditions including: -irregularity, _narrowness, r, -shallowness f the lot size or shape, or, -exceptional tera hical or other ys l conditions` peculiar to the particular:property That because of such physical circumstances or conditions, the property cannot be developedi strict conformity Wth the provisions ofnDevelopment Code, without undue hardshipto t property. ions - ()(1) a o (A)(2). If this variance li n is for a Height Variance, in addition to other requirementp, the petitioner shall be required to: -Add two t tech side yard setback for each one foot above 35 feet i" height, ;and, Have safeguards eonsis 'n ` of sprinkler systems, smoke et ors and other fire protection ui ent deemed necessary at the time by the Mayor and Council, . n , hera rear yard abutsside yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. Section -' The Planning Commission may require levan n or other engineering or architectural drawings covelng the proposed development. The Mayor and Council will not act upon a" zoning ciion that requires a site plan until the site plan has met the approval of theCity's engineering consultant. (Note: Section - ) requires,"Once the engineer er h s submitted co n to the zoninginitrator, a public heating shall be scheduled.") provide ` at he h reade requirementsfor Site Plan Approval i Variance hasnuiortt i ai n t a of s/h r iity in truthful hon manner. !t Signatureoca CITY OF TYBEE ISLAND CONFLICT OF INTEREST IN ZONING ACTIONS DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Have it i the past ) years madei contributions or gave gifts having r to value of $250.00 or more to a member of the CityTybee Island: Planning i i ,car Mayor and Council or any local government official who will be considering the rezoning lii YES NO IF YES, PLEASET THE FOLLOWING SECTION: NAME OF GOVERNMENT— Cfl T I UTIOGIFTS F $250,00 DATE OF OFFICIAL OF $250.00 OR MORE OR MORE CONTRIBUTION IF YOU WISH(REZONING APPLICATION, TI I T BE FILEDIT THE ZONINGI I T I (5) DAYS PRIOR TO PLANNINGCOMMISSION TI IF CAMPAIGW CONTRIBUTIONS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY' MEMBER FI ( I Lm 7,7 Signature V"- - - - 7� Printed Name Date 14 N Sec, 5-070. - Standards for special view® Land uses listed in Article 4 of this band Development Code that are permitted after special review must folio an administrative procedure prior to the issuance of any land development permit. () Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted after special review. The application to establish such use shall be approved by the mayor and council on a finding that: (1) The proposed use will not be contrary tote purpose of this Land Development Code, () The proposeduse will not be contrary tot e findings and recommendations of the master Ian; () The proposed use will not be detrimental tot e use or development of adjacent o erties or the general neighborhood oradversely affect the health and safety of residents and workers; (4) The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement associated withthe 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 proposeduse will of be affected adversely by the existing uses of adjacent properties; (6) The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of said use, (7) The parking and all development standards set forth for each particular use for which a permit may be granted will be met. (B)Additional itl on requirements. The planning commission may suggest and the mayor and council ay impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.)® (1) As ay be necessary to protect the health and safety of workers and residents in the community; an (2) To protect the value and use of property irate general neighborhood. (C)Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any permit 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 revoke such permit after giving due notice to all parties concerned and granting full opportunity fora public hearing. Permit longevity. If a building permit or other preparations or conditions are required rior to implementing special review approval anted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with e approved application. Any deviation from the information submitted will require separate approval by planningcommission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply tote designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances fora period of no more than 180 days. Should e permit not be exercised in the extension period it will expire. (Ord. No. 05-2 13, 1-10-2013 -12 3 G CCCA.org - Image Index Page 1 of 2 i; lock s 16344ZS9 FILEL, FOR RECON ` s 9/1512014 12.58pro PAID: 12.00 to ca Daniel to. Massey$ {"<lerk CD C�o &tpe-rior Court of Chatham Cou.r®ty Chathari: , llnty, Scor ria Deal Estate Transfer Tai. ID stIZ87.50 t � y. i M Prepared by: Parker} -- ou ario'r r: ley p Hunter, " ac ean, &puna, Post Office Box 9848 Savannah, GA31412-0048 STATE OF GEORGIA ) ) COUNTY OF CHATHAM) LIMITED WARRANTY DEED WITH RIGHT OF SURIAVORSHIP THIS INDENTURE is made this 12th day of September, 2014, by and between Harold M. Lyons and Elizabeth S. "Clyde" Lyons, (singular or plural, "Grantor") and Stephen S. Friedman and Annette M. Friedman ("Grantees") ("Grantor" and "Grantees" to include their respective heirs, administrators, successors andfor assigns where the context requires or permits), WITNESSETH: Grantor, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and does reby grant, bargain, sell, alien, convey and confirm unto Grantees, as joint tenants, for and during their joint lives, and, upon the death of either of them, men to the survivor of them, in Fee Simple, and to the heirs and assigns of said survivor, the following described ("Property"), to wit All that certain tot, tract, or parcel of land situate, lying and being in the City of Tybee Island, County of Chatham, State of Georgia being known as Lot A, of a Resubdivision of Lot 1, of a Subdivision of Beach Lot 51 and the Extension of Beach Lot 51, Ward Two, Tybee Island. The said Lot and Extension lie continuous on the north side of a twenty (20') foot wide private roadway now known as 8th Place, Tybee Island and are bounded as a whole on the North by Beach Lot Fifty (50) and the Extension thereof, saidWard; on the East by the Western line of the Seawall; on the South by said private roaftay and on the West by Lot B of said Resubdivision of said Lot 1. Said Lot and Extension are as shown on that 5n plat prepared by Thomas and Hutton, Engineers, for Vergaret Haslam Mulherin dated January 27, 1855, as recorded in the Offs of the Clerk of the Superior Court of Chatham County, Georgia in Map Book G, Folio 8. This being the same property conveyed to Harold M. Lyons and Elizabeth S. "Clyde' Lyons from Harold M. Lyons dated September 28, 1998 and recorded in the Office of the Clerk of Superior Court of Chatham County in Deed Book 199-T, Page 272. Said property having an address of 2 8th Place, Tybee Island, GA, and a property tax identification number of 4-0006-02-001. http://search.gsceca.org/Imaging/FITML5Viewer.aspx?id=65120085&key1=398Z&key2=8... 5/8/2017 GSCCCA.org - Image Index Page 2 of 2 Subject to all valid easements, rights of way and covenants of record. TO HAVE AND TO HOLD the Property together with all and singular the ,rights, co members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to 00 CD the only proper use, -benefit and behoof of the Grantees, or the survivor of them, forever in Fee CD Simple; N AND Grantor will warrant and forever defend the right and title to the Properly unto Grantees, and the survivor of them, against the claims of any persons owning, holding or claiming by, CO through or under Grantor. C3 r*t IN WITNESS WHEREOF, the Grantor has executed this Limited Warranty Deed under seal, and delivered this Limited Warranty Deed, all as of the day and year first above written. GRANTOR Ha, old M. Lyons f « 9 A rt liz h S. "Clyde" Lyona I Signed, sealed and delivered in the p,Tsence of: r itnes5 1fJ'a%clk J®y Notary Public i O ; ° :MY COMM. Exp 7- My My Commission F Feb. 7, 2078 c a (NOTARY SEAL) f ;'c�BL�G .'• �t®�® Fb HBY18392-8R http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=65120085&key 1=3982&key2=8... 5/8/2017 Agent Authorization Applicant Information` Owner 1, the undersigned, do hereby certify that l am the owner of the property affected by the proposed application to the Planning Commission. 1/We, the undersigned owner(s) pro involved in this application, do hereby{ authorize jA n p E to act as Agent hed application in my our behalf. Stephen Friedman-: 8t22 Print Name Si t Date Print Name Signature Date Print Name Signature Date ri t e a wnx (individuala ) `me Gr , LLQ Jason P. Ball, P Phone ail (1) 662.2914 ja on ballet riti I accept this authorization to act as Agent on behalf of the aboveowner(s). Ball @a _ MW JwMP- JasonP. IE on r04/28/22 Print Name sign "r Date Name Address Stephen Friedman 2 8thPlace, Tybee Island, Georgia 31328 Phone Email (678) 357.6666 aelfiedman0yahoocom Developmerit Name (ifa 1, the undersigned, do hereby certify that l am the owner of the property affected by the proposed application to the Planning Commission. 1/We, the undersigned owner(s) pro involved in this application, do hereby{ authorize jA n p E to act as Agent hed application in my our behalf. Stephen Friedman-: 8t22 Print Name Si t Date Print Name Signature Date Print Name Signature Date ri t e a wnx (individuala ) `me Gr , LLQ Jason P. Ball, P Phone ail (1) 662.2914 ja on ballet riti I accept this authorization to act as Agent on behalf of the aboveowner(s). Ball @a _ MW JwMP- JasonP. IE on r04/28/22 Print Name sign "r Date Tk oeMonAve R 0 Laurel Ave /b t0 Q CIL0 Jaycee Park 0 & 3 CD c�to lb f �0 4th 'Sy Tybee IslandMemorial Park 9 Horse Hammock rh SO�t t St AV Project 'i Location ph St rrr J \ S 1 E� Q^ O No. 31999 PROFESSIONAL �t 7ItI, t 4 1 I If i. ■■ 'Appffaaat. MR, STEPHEN FRIEUMM note., 12f2212021 JOS& 21-1043 DATUM. HAMA IF ISEARAGA SCALE: 1,;=1,000' (IN FEET) 0 500' 1,000- 2, 000' Ball Maritime Group, LLC 4 Cedar View Court I Savannah, Georgia 131410 1 (912) 662-2414 www.ballmaritime.com Copyright 0 2020 P'.W-1043 FRIEDMAN RETAINING WALLI600 CADD\SHEETSIPERMIT121-1043 P02- LOCATION MAP.DWG a Plotted: 1212312021 11:54 AM By: B ALLEN 1,, SCALE: 1"= 3.5 Mins (IN FEET) 0 1.75 3.5 7 _..Miles Miles _____Miles P:\21-1043 FRIEDMAN RETAINING WALLl000 CADD\SHEETS\PERMIT%21-1043 P01 -VICINITY MAP.DWG — Plotted: 12/23/2021 11:53 AM By: B ALLEN APPROXIMATE LOCATION .. PATRICIA LORD SCHLAUCH "PATRICIA LORD SCHLAUCH OF SEAWALL - PIN:4-00M.01-011 PIN: 4.000501-012 DNR JURISDICTIONAL LINE �"`^+� PER DNR AUGUST 31, - ( {' 2018 FLAGGING (3)32' 0 PROPANE TANKS TOE OF DUNE LINE PERONRAUG-T31, 18. 2018 FLAGGING FROST. RAISED GENERATOR ' ONtF <"T : f0), t: APPROXIMATE mME' t.., W &ACPLATFORM ' tI� t, - _ 00® LINE I., EXIST. SUMP "- '- - LYONSTYSEEHOUSE,LLC PUMPNO.2PIN: 4-000&02-W2 _ ` --- '� EXISTING -- ...SUILD£NG „ .. - •: EXIST. SUMP TING BRICK, PUMP RIC(PUMP N01 CAFL--777L- DRIVEWAY !,- 20� ..8TH PLACE (20 RNV) r' , - ,• , l ; ; . ; EXISTING CONCRFi-E..., ` �" -; j G�STFR j — DRIVEWAY fir---- QFi FQ BENCH MARK: I ., r -_ No. 31999 MAG NAIL IN ASPHALT - MICHAELSONO .-.r-- `~� P OFESSION.4L ELEVATION: 8.15' NAVD 88 PIN:4-0008-03.001 WSTING CONDITIONSFRJEDFJAN BULMEM OEIMU w . PAWQ=A=ffl7.'5WWAS TWEINAARkOA ATA SMWEIr SCALE 1-40 (IN FEET) Ballritl er LLC /2/ 4 Cedar view Court I Savannah, Georgia 131410 E (912) 662-2914 eRAMAr AM 21-1043 DATUAL NAYM 0 20' 40' 80° www.baUmanu=.com Copyright C 2020 Sew: r®ce Sam 3 d 6 Pitt-IMFRIEDMANRETAMINGWALLIWCDDk HEEBSIPERMIMI-lMP03-E)USTINGCONDITIONS.DMoPlattod:tY2L 11154AM@/:BALLEN ` TOE OF DUNE LINE I 14 LF PROPOSED FENCE PER DNR AUGUST 31, I 2018 FLAGGING (3) 32° 0 PROPANE TANKS rv�'rl".1 PROJECT LIMITS DRAIN PIPE CONNECTION AT 77 LF PROPOSED ` EXISTING STUBOUTs§ GRAVITY BLOCK x "EXIST. SUMP l`(17) -- RETAINING WALL PUMPN02 .`I (256 SF) .. " EXIST. RAISED GENERATOR `i. ( PROPOSED PERVIOUS PAVERS ' I, & AC PLATFORM566 SF . ( ) qwl(g0) j ---- / . PROPOSED (2)114 LF PVC f{DRAINPIPE EMBEDED IN m... �'� MATERIAL BEHIND '( ',{• RETAINING WALL I . RR EXIST. SUMP i.•t� Ij I L �0Z t h 7yF� " PUMP NO.1 : ik 1�> 9.i ,L ENDPVC PROPOSED GATE , t )RAIN G F PIPE W/ i NON • 361E PROPOSED FENCE O -, (16 WOVEN (I q) �. 20) . : T . GEOTEXTILE EXISTING BRICK- .� -� 111 ( N: DRIVEWAY �` ` 1030204 7316 ` .___. , E: IE:11330932 v EXISTING CONCRETE 1 ' •`� DRIVEWAY ���STER�/ ®, 1 '-�• ..- ,�`' , ' PROFESSIONAL 41 7, I ------------------ OVERAU SITE PLAN I• FR BULKNEAD A0101X IMMEW EIUAY0.G4 Mw mom, N&ff EB SCALE, 1"=20' (IN FEET) Ball MaritimeGroup, 4 Cedar V iew CouR � Savannah, Georgia � 31410 � (412) 662-2414 � K 0 10` 20' 40' www.baffmanbw.com Copyright 02020 21 -rope "DAYM mmu PAVA 4.i FRIEDMAN REGAINING—LLISMC DMHEEi1PERMIP21-1®43P09-PROP ED IMPRQVEMEM.DM—Plod: 1?ldY 111:54AM By:SALIEN I1 #I -------------------- -- '- WALL ' 36 LF PROPOSED FENCE , " m ., TOE OF DUNE LINE [ REMOVE EXISTING KNEE WALL& PER DNR AUGUST 31, MATCH EXISTING DRIVEWAY 2618 FLAGGING _ ELEVATION PROPOSED OATS : • "tel � ' '-- DRAIN PIPE CONNECTION AT i 67/J_.: T ` EXISTING STUBOUT [ LANDSCAPED I r PROPOSED PERVIOUS PAVERS II - `•�-----OPEN SPACE - t (568 SF) N ..�jsl -� ...- r �� �-•r �-( `r i r�-„ `?.-, � i 1 �',. %,,, t ..s„�'1."``�.,� "� r. _ � 1 r � I !. 090 O90 090 O90 090 090 090 I 090 090 O90 090 090 090'090 090 090 050 090 090 , — — — — 17 — — — — — — — 77 a = mr l f' A-A I"' '` PROPOSED (2) 114 LF PVC 17 LF PROPOSED I DRAIN PIPE EMBEDED IN GRAVITY BLOCK MATERIAL BEHIND RETAINING WALL RETAINING ----------- _ WALL •,% (256 -' II ___ -- - I' ryl �8J •, Q�e?\$TF9�/ I -------------- ---tl. No. 31999 -' -. II., END PVC DRAIN PIPE ;' f P o 's IONaL W1 SY OF TYPESRIPRAP ON r '', ` CI' O WOVEN GEOTEXTILE II N: 1030204.7316 s® l E-761135.1932 6✓ , N P. I IE 13.30 't 1 % BULKHEAD ! BUINNEN 6FNERAL NKM 'EN TrwL ENN "WE 19-M 6A y AffiftInt HR SCALE 1 =10' (IN FEET) it Maritime 1212zml .. _w 4 Cedar View Court [ Savannah, Georgia [ 31410 [ (912) 652-2914 CANdr. MANNINI 0 5' 10' 20' www.bdlmuib=.com Copyright m 2020 JBbK, 2Y_154N IMM9. arm f•=1R SNEST_ 5d5 PXI1-100 FRIEDMAN RETAINING N Ll CADDISHEETSIPERMIMI-IM A0® PROPOSEDIMPROVEMENT&DWG— Pbftd: lZr=N2111:54AM ST. 9ALLEN 41" BOTTOM GRADE TO DRAIN 41" MIDDLE 28" TOP BLOCK SURFACEWATERAWAV BLOCK ' HALF BLOCK FROM WALL. DRAINAGE 5 z a TOP VIEW SWALE REQUIRED. TOP VIEW SIDE VIEW SIDE VIEW TOP SIDEVIEW SIDEVIEW SIDEVIEW BLOCK I ,. SETBACK = i F Is^ wAu BCTrBSANCLQ IEI ' MOVE BLOCKS FORWARD DURING INSTALLATION TO ENGAGE SHEAR MOBS (TVP) 28° w INFILL STONE (NO. 57 OR EQUIVALENT) - FILL BETWEEN ADJACENT BLOCKS (ALL BLOCKS) FILL VERTICAL CORE SLOT (PC BLOCKS) =4t�®34" STONE TO EXTEND AT LEAST 12'(305 MM)BEHIND T.0'.BLOCKS. C. WITH SAND. INSTAR M DFTS AND CDMPA COMPACT T095%PROCTOR t NONWOVEN GEOTEXTILE FABRIC MIDDLE BLOCK fT�P BOTTOM BLOCK 4°ADS DRAINAGE PIPE ' GRAVEL LEVELING PAD SECTION A -A SCALE NTS. 41" BOTTOM 28" MIDDLE 41" MIDDLE 28" TOP BLOCK 28" MIDDLE BLOCK & HALF BLOCK TOP VIEW 5 z a TOP VIEW TOP VIEW TOP VIEW SIDE VIEW SIDE VIEW SIDE VIEW SIDEVIEW SIDEVIEW SIDEVIEW 41" BOTTOM 41" MIDDLE 41" MIDDLE BLOCK BLOCK HALF BLOCK & & i TOP VIEW TOP VIEW TOP VIEW SIDE VIEW SIDE VIEW SIDE VIEW SECTIONS AlLS FlUERNINeu tiBall Maritime adw f Group, LLC fT n, exa r� 4 Cedar View CQU1 t `Savannah, Georgia 1 31410 1 (412) 662-2914 www.bdlmantime.com Copyright 0 2020 am zf-raa MEW: ew S AtT.S SMEED Bet P121-1093 FRIEDMAN RETAINING WAU.%NI CADD6SHEETSV'ERMOT21-1093 M SECTION DETAIL.DWG m P65ca:1)2]2821 1154 AM Sr. B ALLEN 10 b� `DimrmwToF COASTAL RESOURCES DWISM ONE NsERV (W, W - BRUNSWICL GA 31- 912.7AC7218 CcAsTALGADNLoRG MARK WILLIANAS DOUG HAYMANS April 26, 2022 Stuart Slig;'SECI (by email) Re: GADNR Shore Protection Act (SPA) Jurisdiction Line Verification, 2 81h Place, Tybee Island, Atlantic Ocean, Chatham County,Georgia Dear Mr. SlighO Thank you for submitting the survey for the above referenced property performed by Don Edward Taylor Jr., Georgia Registered Land Surveyor No.3417 entitled "An Exhibit of Lot 51 (Former Strand), and a Portion of the Atlantic Ocean, Being a Subdivision of Lot 1, Ward Two, 5th G.M. District, Tybee Island, Chatham County, Georgia" prepared for Stephen Friedman. The survey accurately depicts the landward toe of the dune, and the State's Jurisdictional Area under the authority of the Shore Protection Act O.C.G.A 12-5-23 et seq. as inspected by the Department February 24, 2022. The delineation of the parcel is subject to change due to environmental conditions and legislative enactments. This jurisdiction line will normally expire February 2, 2023, one year from the date of y site visit, but may be voided should legal and/or environmental conditions change. Authorization by the Shore Protection Committee or the Department is required prior to any construction or alteration in the State's Shore Protection Act Jurisdiction Area. I appreciate receiving this information for our records. Please feel free to contact me at 912.266.3695 if I can be of further assistance. Sincerely, Deb Barreiro Permit Coordinator Marsh and Shore Management Program Enclosure: An Exhibit of Lot 51 (Former Strand), and a Portion of the Atlantic Ocean, Being a Subdivision of Lot 1, Ward Two, 5th G.M. District, Tybee Island, Chatham County, Georgia cc: George Shaw, City of Tybee Island Planning & Zoning (by email) S20220040 in 16n � It3lam Nim Pr— ROU m A, BUTLER AVENUE Z "F Nmmn <A=m ,:gym Sq� m m z� P q =� o yv'�rs -+O�z Za.. ;D✓etc aVE'. o �^ z z -ir SAm mn e ao zo�mm BDtiER mm flo I ml m mgm Asim-� al'E'. o r v m m m £ o< y m p s x z n v w m m o c+o of zz O� n 4 o NOW z zzx z o TWO STORY y (f RESIDENCE 'a y> m I \ z oQ. O rrn A NnC OqN O WOODEN DECK 6 e O z �QOARnr m ® v mOzztiNopo m zm xommg z n 0 00� mwm Azomr Ky z " o 0"E — 70.00' 3 O men m I m Y z o z Z � "-' n Op(OA�m yCO r m WT <w w so n en minnCW mt��im-piya"v m f O f � �❑ y mzm w (SHOWER OOWrn <om ozcm-+ <" ymoop p^romz-�'n-�Sr'Ix o mo zzm <- Zvi<men9 , a 10.3' �m mn m m0 zoo nmrnmW zoom Im zmw�O m�m9m a�Wpz pyo mOW y0o m3 �mAmr I m q raa o �mznaKon = r m�m�v orWra �A N�m o= m W 1 1 n O mW m 4 m m Am a I m I o N ..fin K to �m4 o m of 11 oW y w of I A m Ij mm I I o 1 9>-I ORCH rn 1 1 26.2' 1 I pmo 1 J I z it m m ^ n I 70.00'... APPROXIMATE LOCATION -- OF FLOOD HAZARD ZONE - Z" a .murk ®1X0 � 0 z A �n 1 I ®goo m en axm>O Z' I OE Fl -� nroa O m n I d a ugw3~.lmlymnT Oz L yZ ' m zm-,nA� r7o 1 >0 1 O wl FmC�Nmz An , v Vir ZCI� pKpt�mm D� �� y �g� wom�,zoo An I o O�op o �1 j ;_. fi1F EA Bjz ea n z e: GEE1R NAD i $1 Im m Wm; I W mm I I 70.00',.. ® S18'29'20"W at A v to S w r �, S era cy APPROXIMATE LOCATION OF WESTERN LINE /-OF SEAWALL CAP PER PIAT RECORD BOOK 6, u h / 6, PAGE 8 (NOT LOCATED BY THIS SURVEY) ATLANTIC OCEAN y AN ASBUILT SURVEY OF LOT A AND 51 EXTENTION (FORMER STRAND), COLEMAN COMPANY. INC. ®A " BEING A SUBDIVISION OF LOT 1, BEACH LOT 51 m WARD TWO, 5TH G.M. DISTRICT, TYBEE ISLAND, •Engineers and Surveyors •CCIC. a CHATHAM COUNTY, GEORGIA 17P.,kdCnm - kh20t r Sa -hn GA 3105m o PREPARE FOR: STEPHEN FRIEDMAN ms sIz zoo anal ,Ira= sr -zoo -sass Ad4NIiW/RiRW1147�ABISMA.F.UIIWfP_F9PA.L1'kAk tffiAkf§A41FPA7Rhp i E i."a m O ! _0aE A aJimo zNDA.. Z oc mno +R �s 0 z o Z An z 71 j--Tzp{�q Z®Z'O A78Afy 41,®810111 a- awl. IMm 20`f 1;r A� "iz i lie Ul ho r� s V RAP ��2� � /(jt �l �(A 414 t ,.;� �, �^• i /f ®' mg / r ,r - : \ a f I � ceceN �n9"r"p pRPtrot� R�c9 oN trN£ r 1 •�'� r T � r a e e - \eeez: le �16ee� 10 Gi';". ,VAD £T ZONE 4...,1 8J O r � 11I I AN EXHIBIT OF LOT 51 EXTENSION (FORMER STRAND), m®mom A A PORTION OF THE ATLANTIC OCEAN, BEING A SUBDIVSION cQ COLEMAN C a P A N Y, I C Y EE ISLAND, CHATHAM COUNTY G.M. `DISTRICT, 17 PARK OF COMMERCE (SUITE 29I t FLT 1, BEACH LOT 51, WARD TlT5TH T GEORGIA i d� SAVANNAH, CA 314D3 c._. e_. " w (D)"912.2DD.3DG11(F) 912,290.3059 A a S2 CR PREPARE FOR: STEPHEN FRIEDMAN . f 0026/2022 STAFF REPORT PLANNING COMMISSION MEETING: May 16, 2022 CITY COUNCIL MEETING: June 9, 2022 LOCATION: 3' 10 h Place _ PIN: 40006 18019 APPLICANT: Lasa Van Dusen 0 : B2LT, LLC EXISTING USE: 'Single family dwelling PROPOSED USE: Same ZONING: R-2 USE PERMITTED Y GT: Yes COMMUNITY CHARACTER Beachfront Neighborhood PLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting setback variance of approximately 2' into the front setback to install a cantilevered bump out on the first elevated floor. ANALYSIS: The applicant is requesting to create something similar to what the neighbors have. Variance standards require that the applicant meet the following conditions: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. (3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. This variance does not meet the above criteria. The Comprehensive Plan describes the Beachfront Neighborhood District as follows: The Beachfront Neighborhood to the east of Butler Avenue is exclusively -2 zoning, with single family, multifamily, and duplex housing types. Wide streets with on street parking and old growth trees supplemented by side alleys characterize the area. Public and private beach access are available. Comprehensive Plan — Community Character Area The Beach out Nei hborhood District Meets Recommended Development Strategies Strategy YIN or N/A 1 STAFF FINDING This application does not meet the defined criteria for a variance. There is no hardship as the lot is fully developed and usable without this addition. Staff recommends denial. This Staff Report was prepared by George Shaw. ATTACH?\4ENTS A. Variance application (5 pages) B. Survey (I page) C. Site Plan (I page) D. SAGIS map (I page) Historic structures should be preserved whenever possible ®I Enhance the pedestrian environment where feasibl e `SII Preserve old growth trees Preserve and maintain public beach access and enhance when necessary Do not allow intrusion of commercial uses Preserve the low density character of the area Encourage preservatio�of the large historic beach to Butler Ave. lots STAFF FINDING This application does not meet the defined criteria for a variance. There is no hardship as the lot is fully developed and usable without this addition. Staff recommends denial. This Staff Report was prepared by George Shaw. ATTACH?\4ENTS A. Variance application (5 pages) B. Survey (I page) C. Site Plan (I page) D. SAGIS map (I page) Fe 1} r{ Commercial $500 1 Residential $200 CrTY OF TYBEE ISLAND VARIANCE APPLICATION from the Tybee Island Land Development Code Applicant: t \G^O PO�F-T4v LJ, -LIQ. Telephone #® —Email Address: tyc� pct Mailing re zaID I *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 an address along with any other relevant information, authorizing a applicant to act in their behalf roust he included in the application. PROCEDURE licati uir n All applications must be complete, including i supporting u s. Drawings or surveys will " or larger. Incomplete lica i ns will not be acceptedn ill delay review. Application lin Applications are e by 4:00. of the last day of the monthbefore next scheduledPlanning Commission t[ app is tion SubmitLal Return copy of this completed li ti all supporting c t: Tybee Island Planning Zoning, City Hall, 403 Butler Avenue / P.O. Box 2749 CityTybee Island, CA 31328 li tin u�lic earinc�s Applications will be heard at a public hearing befbre the Planningl i n on the third f each month, followed by a final decision by City Council at another public hearing on the second Tuesdayf the following chearing ill be heldat 7 p.m. at the Public Safety Building, 78 Van Horn Dr. I Property Address r General Location Description if no Address Assigned): t t t V Tax Map/Parcel ID#:_a_Q_QPl `_ Current Zoning: Proposed use of Property: 1 r�Q t`\ Has the property been denied variance i the past 12 months? If so, pleaseprovide briefdetails: Adjacent Please list all current owners of properties r ,e/ immediately adjacentor directly across .- from This infbrmation may be o in from the Chatham County Tax Assessor's office (912) s or by i the websiteat fir ee r i i i The accuracy • i completeness of information rll be the responsibility of applicant. If within two () years immediately preceding the filing of the applicants application for a zoning action, the applicant has made campaign contributions aggregating morethan to the mayor and any member o Council or any member of the PlanningCommission, the applicant and the Attorneyrepresenting e Applicant must disclosethe following: . The name of the local government official to whom the campaign contribution or gift was ; b. The dollar amount of each i contribution made by the applicant to the local government official rin the two (2) years immediately i the filing of the application fbr this zoning action, and the date of each contribution; c. An enumeration and description of each giftvi a value f or more madey the Applicant to the local government official uri the two (2) years immediately preceding the filing of the application for this zoning ion® i tour o i n con ions 1brmattachment hereto: "� Yep i Signature f Applicant Date 5TAFF USE ONLY Date iv Fee Amount u to i I nni Commission City Council DECISION: (Circle ) Approved Denied Approved n ` i s: ,f ISLANDCM OF TYBEE F I I DI5C L IG Have you within st two (2) years made campaign contributions r gave gifts having an aggregate valuer more to a member of the Citysl Planning isi , or Mayor and Council or any local government official ill be considering the rezoningis ti ? IF , PLEASE COMPLETE NAME F GOVERNMENT OFFICIAL CONTRIBUTIONS GI OF $250.00 OF $250-00 OR MORE OR MORE DATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE AT17ACHED REZONING APPLICATION, THIS FORM I WITH THE ZONINGi .Ai. DAYS PRIORTO PLANNINGCOMMISSION rt CAMPAIGNCONTRIBUTIONSOR GIFTS IN EXCESS iHAVEBEEN MADE TO ANY MEMBER OF PLANNING COMMISSION i AND NOTE: This application must be accompanied y additional documentation, including in s that include or illustrate the information outli ! REFERENCE - ( () Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. -0 () (2) Narrative describingthe hardship andreason for the variance request. (Hardship ns the circumstances special condbons, which were not or created y rlor owner ,, affect a pafficular property anda cOnfOlmItY w1thOns goveming d1menslonal standards (such s lot , w1dffi, sethacft )wd I-equirements, or hui/din height) unn ril u or unreasonable in light of the pulpose of this c Unf xuessaf y hardshipIs present only where, In the absencef a variance, no feasible use can be madeof the .) Exp lain thardship: -Vo ,ae�t+mss r�, - O O A survey of the property signed andy a Statei certified land surveyor. -09 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, inclu i irregularity; narrowness; r, shallowness of tlot shape; or, exceptional t r hi I or other physical circumstances, conditions, r considerations related to the environment, or the safety, or to historical significance, that is peculiar to the particular r n; 2) Because of such physical circumstances or conditions, the propertynn v l in strict conformity wi h the provisions of the Landv to nt Code, without undue hardship to the property. Provide a_ttachmentsillustralft co itions on su u ince i s d thesubiectpMUgMU in i tin uni n etc. 5-090 O Height No part of any structureshall project beyond_ 35 -feet above the average adjacent grade of a propertyexcept: O See section -010, terms and definitions; height of building. () The following items that wereexisting on the dateof the adoption of this section; flag poles, television aerials, water towers and tanks,i n I! towers, broadcasting and relay towers, transmission line towers, and electric substation structures. The Applicantcertifies thathe/she has read the requirements r Variances n has provided the required information to the best of his/her ability in a truthful and honestmanner. Signature of Applicant Date Vafiance longevity. After a variance has been granted by - mayor i` 12 monthsdate of approval. Such approval is based on i iprovided application. Building permits may only be granted •r plans consistent with the approvedapplication. Any i>n fim the information -d will require separateapproval by . i and council. Variance Omestionnaing; 1. Does the requested variance chan the Tybee Island character d r r' si nti for the property s described in the Master Plan? If so, providebrief explanation. No. 2. Please lin the purposethe requested variance n intended dev o n subject if the variance is granted. reed`Qct-�re�'�0vl�tl Li�6 ALv�A� 'J�/ t- cera 3. Please explainthe specific rovisi n within the Tybee Islandv l t Code from whichthe variance is requested. . Per the Tybee Island n Development , the TybeeIsland 1 nni Commission shall not make recommendation n a variance fr the terms of the Land Development Code unless has met the fbilowing. Please lin how the requested variancec f the following: A. The need r a variance rises from the condition t t is unique and peculiar to the land, structures and buildings involved. 0 B. The ri nc is necessary becausethe particularphysical surroundings, the size, shape or topogr-aphical condition of the property involved o Iresult in unnecessary hardship for the owner, lessee or occupants s distinguished from a mere inconvenience. ®'t�1 �' ��::y,da t 1 �i 'cam �-d. �- �a`�- t� W �- � -�. 1 C/✓" wt C. The condition uirin the requested relief is not ordinarily found in properties of the same zoning district s the subject ve, D. The condition is created by theregulation in the Tybee Island Land Development Code and not by the action of the property owner r applicant. E. The grantingof therequested variance ill not conflict wIth Sec. 26 -70 -Amendments an o ifications to the Fire Prevention C of the Tybee Island of Ordinances or endanger the public. co V, fJ , C t-. F. The variance requested is the minimum variancethat will make possiblereasonable use of the land, building r structures. PARID: 4000618019 B2LT LLC Tax Commissioner Summary 3 10TH PL Status ACTIVE Alternate ID Bill Tax District/Description 040-TYEE Legal Description LOT B SUB OF THE E PT OF LOT 65 WD 4 TY EE SMB 33S 40.12 ac SM13 39S 54 Appeal Status Parcel Status Parcel Deferral Years Total Status Exist Support Millage Rate Active No 33.6050 Parcel Information Property Class R3 - Residential Lots Mortgage Company Exemptions Most Current Owner Current Owner Co -Owner Care Of Mailing Address B2LT LLC 3323 QUESADA ST NW WASHINGTON DC 20015 Digest Owner (Janus 1) Owner Co -Owner Care Of Mailing Address B2LT LLC 3323 QUESADA ST NW WASHINGTON DG 20015 Tax (Penalties and beet Included through Current ate) Year Cycle Billed Paid Due 2022 1 5,193.71 0.00 5,193.71 2021 1 10,386.63 -10,386.63 0.00 2020 1 10,865.80 -10,865.80 0.00 2019 _.1 90,865.80 -10,865.80 0.00 2018 1 10,817.23 -10817.23 0.00 2017 1 9,710.50 -9,710.50 0.00 2016 1 9,615.14 -9,615.14 0.00 2015 1 7,582.99 -7,582.99 0.00 Total: 75,037.80 -69,844.09 5,193.71 Payment Information Payment User ID Effective Date Business Date Payment Tolerance/ Payment Total Sequence Location Source Pymt Type Applied Overpayment Methods Payment 4163512907 LOCKBX UPD-99999 04/30/2021 04/30/2021 $5,433.06 $0.00 _$5,433.06 REMPROC LOCKBX Z21 $0.00 4163610298 LOCKBX UPD-99999 10/04/2021 10/04/2021 $4,953.57 $0.00 $4,953.57 REMPROC LOCKBX Z21 $0.00 Payer Details Payment User ID Main Building Effective Date Total 894 A10 - 907:907 -Enclosed Porch (SF), Scree Sequence Location 196 Source Payment Payer Information 676 4163512907 LOCKBX UPD-99999 04/30/2021 $5,433.06 132LT LLC REMPROC LOCKBX 3323 QUESADA ST NW 'WASHINGTON DC 20015 4163610298 LOCKBX UPD-99999 10/04/2021 $4,953.57 32LT LLC REMPROC LOCKBX 3323 QUESADA ST NW WASHINGTON DC 20015 Billings Detail Authority Code Code Authority Name Millage Billed Paid Due COUNTY -OPER TAX COUNTY M&O 11.5430 $3,567.71 -$3,567.71 $0.00 SCHOOL -OPER TAX COUNTY SCHOOL'M&O 18.1310 $5,603.93 =$5,603.93 $0.00 TYBEE - CITY TAX TYBEE ISLAND 3.9310 $1,214.99 -$1,214.99 $0.00 Total: 33.6050 $10,386.63 -$10,386.63 7 t 1{� f 7 ' $0.00 ii `it itli£iC�I��C Yt' t t i1 Fb St %£J 1St li liyy}�Y y( 1 1 Wn�1d1a1g t FYZ fF It 1 ,, 1 1. £ 71 t `ii�si F sf 1 1 1 t 1$ It it l itt sti ty' al � ''ttilit 1 lit F 4 ti £1`��t}t�i�.yt is Fl2nlf ;5 t �it i } 14 .:: tl�la \3tC�`; t,�4 s t tit 3li�`'. r.tt t 3 1 Ts'w� iiis }tit like. isl ) }�tt�'SSt �,•j�C li Y�4=t�tt4t ��11'1 �\W{{ 4 11C1YSt\C .V Item Area Main Building 488 Al - 100:100- LIVING SPACE 894 A10 - 907:907 -Enclosed Porch (SF), Scree 640 A2 - 100:100- LIVING SPACE - 196 A3 - 100:100- LIVING SPACE -'72 A4 - 100:100- LIVING SPACE 676 A5 - 904:904 -Slab Porch (SF) with Roof 72 r - Payment User ID Effective Date Total Payer Information Sequence Location Source Payment TAX 4163512907 LOCKBX UPD-99999 04/30/2021 $5,433.06 132LT LLC $0.00 RMPROC LOCKBX COUNTY SCHOOL M&O 3323 QUESADA ST NW $5,603.93 -$5,603.93 $0.00 WASHINGTON DC 20015 4163610298 LOCKBX UPD-99999 10/04/2021 $4,953.57 B2LT LLC -$1,214.99 REMPROC LOCKBX Total: 3323 QUESADA ST NW 33.6050 $10,386.63 -$10,386.63 $0.00 WASHINGTON DC 20015 Billings Detail i r� 4r i Authority Code Code Authority Name Millage Billed Paid Due COUNTY -OPER TAX COUNTY M&O 11.5430 $3,567.71 -$3,567.71 $0.00 SCHOOL -OPER TAX COUNTY SCHOOL M&O 18.1310 $5,603.93 -$5,603.93 $0.00 TYBEE - CITY - TAX TYBEE ISLAND 3.9310 $1,214.99 -$1,214.99 $0.00 Total: 33.6050 $10,386.63 -$10,386.63 $0.00 f i'rtil f��f�� ;x; r i r� 4r i t S S} 5 f5s{f%�stt���rr 5 55 �. Sc5 r5. y �, K Item Area Main Building 488 I Al - 100:100- LIVING SPACE 894 I Al - 907:907 -Enclosed Porch (SF), Scree 640 � I A2 - 100:100- LIVING SPACE 196 1 , k, S A3 - 100:100- LIVING SPACE 72 � A4 - 100:100- LIVING SPACE 676 j i A5 - 904:904 -Slab Porch (SF) with Roof 72 Q 4 TEM STRrXr PROVF,D BY THE TYBEE ISLAND PLANNING COMMISSION Oo ZONING ADMINISTRATOR DATE z TE CE APPROVED BY THE TYBEE ISLAND MAYOR AND COUNCIL TENTH PEACE I. MAYOR DATE ELEVENTH STREST L M� VICINITY MAP CLERK OF COUNCIL DATE (NOT T6 SCALE) � E ZONE A8, BFE 13 ! ZONE A6, BFE 14 ZONE A8 BFE 15 ZONE V. BFE 16 131ENCHMARK IO' D AGE EASRUENT SA NAIL IN P ✓P CENTERED ON STORM PIPE ELEV 11.71 j z5'WALKWAY GEACTERED ON Pf 10TH. PLACE ji 565' TQ kPPARENT HIGH WATER LINE 175.13' '1.O BUTLER AVE. 16' ROADWAY S 7Q°ai •00,% T3O.1 S 70"30' " 00E 5.0 av N iD 32`oQ°•� �.,_..'� � TASK 4.a7 5/6 R. 80.0$' 70 7' 1L. _ e®Ke. war S 70°30'00"F; 1 Fi5� 001 �— y 1/;rF n 20'DESQ°i. a RR PYP 26'° PIPE n IRATE INLET 20` PRIVATE DRIVE ACCESS U ESDI - a _ M DO Too 10.0 B STORY �«a E BLDG., 2.5' ACCESS & UTI Y --- -.® ._.1` -�.., Ifs ESNC-zT IN FAVOR 0 LOT � � � u?I1 t 1I 3 6SF a m D4 1 i IL6T C-1 cli' I 3 70 30'00"' 94.49 DO PT. LOT 65 P �' E � AREA - 542$ SF� m � D. 9. iAe B aas 02 1 1 t 3 STORY N D. B. 140' F 57A 0) AREA = 4665 SF 1 t 2 STORY HOUSE w o FRAME (SLDG. _ P. R OLD 92 W' o w •1 i 1✓ � N 4 � P. x s s 2az 1 1 �' B � � GRATE AREA = 3417 SF z 1 iO` i3R.AIN. ESMT.- :.. j I 10' DRAIN, N ESMT. i I 20.1` iQ' HSL 2,4, TOE OF DU LINE k iQ D°cQ 1 1 a � " R9F 1 BtI.81' 7 .0 _ - 5/3" 5/611 RBS N 70°30'00" 165.00' �' i N 70gi301)0' 225}00' Pofmotl OF Lm W THE PRIVATE DRIVEWAY ACCESS AND UITILTY EASMAENT IS HEREBY DEDICATED PERPEMALY FOR THE USE BY THE OWNERS AND RESIDENTS OF ALL I= IN THIS SUBDIVISIONAnWILL, NOT BE MAINTAINED BY THE CITY OF TYBEE ISLAND- ZONE V9, BFE 16 ZONE A8, BFE 13 ! ZONE A8, BFE 14 ZONE A8, BFE 15 OWNER DATE DECK ACCORDING TO THEF.I.R.M. DATED 6/17/66 `[m�•+ THIS SITE 1S WITHIN THE IOD YEAR FLOOD REFERENCE: PRB B 356 EQUIPMENT,. TOPGQN AF'-LIA DB 148 E 524 4rO'S4$� � ERROR OF CLOSURE SMB 33-S 40 LINEAk 1/- E , C-1 & C- OF SUBDIVISION : -E TERG- _./ GYM ASTERN F' OF FRONT LOT Qp ANO. , EE BALANCEDJ. LAT1/IN"NITY ISLAND, CHATHAM COUNTY, GEORGIA LAND SURVEYOR Tq. 224 20 0 20 40 60 636 STEPHENSON AVENUE SUITE C slnt� �4 �p SCALE. I" _ 20 2O �''Q HOWARDREEVE SAVANNAH CEORCIA 31105 - ' DATE: OCTOBER23. 2006 SURVEY G HIC SC -FEET TELEPHONE: 912-352-0464 % DATE: AUGUST 6, 2007 PLAT FAX: 912-352--7787 FILE NO Qq -1718 STAFF REPORTPLANNINGNPI COMMISSION MEETING: May 16, 2022 CITY COUNCIL MEETING: June 9, 2022 LOCATION: 1011' Terrace PIN: 40007 01019 APPLICANT: Chuck Moore OWNER: Chuck Moore EXISTING USE: Single family dwelling PROPOSED USE: Same ZONING: -2 USE PERMITTED YRIGHT: Yes COMMUNITY CHARACTER Beachfront Neighborhood PLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting a " side setback variance for carport/covered porch and a 9' 4" front setback variance for a set of stairs. ANALYSIS: The carport could be narrowed to fit within the setbacks. The stairs would add convenience but is not necessary. Variance standards require that the applicant meet the following conditions: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. (3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. This variance does not meet the above criteria. The Comprehensive Plan describes the Beachfront Neighborhood District as follows: The Beachfront Neighborhood to the east of Butler Avenue is exclusively R-2 zoning, with single family, multifamily, and duplex housing types. Wide streets with on street parking and old growth trees supplemented by side alleys characterize the area. Public and private beach access are available. Comprehensive Plan — Community Character Area The Beachfront Neighborhood District Meets Recommended Development Strategies Strategy YIN or N/A I STAFF FINDING This application does not meet the defined criteria for a variance. There is no hardship as the lot is fully developed and usable without these addition. Staff recommends denial. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application (5 pages) B. Survey (I page) C. Site Plan (I page) D. SAGIS map (I page) Historic structures should be preserved whenever possible Enhance the pedestrian environment where feasible I IIS; Preserve old growth trees Preserve and maintain public beach access and enhance when necessary Do not allow intrusion of commercial uses -reserve the low density character of the area 1 Enco urag, preservatio•f the large historic beach to lutler l,.e 87 STAFF FINDING This application does not meet the defined criteria for a variance. There is no hardship as the lot is fully developed and usable without these addition. Staff recommends denial. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application (5 pages) B. Survey (I page) C. Site Plan (I page) D. SAGIS map (I page) ow f@ Fe CITY OF TYBEE ISLAND `^. 4; Commercial $500 ug ZONING VARIANCE APPLICATION Residential $200 Applicant's Name Address and location of subject property PIN ® Applicant's TeleponeNumber r Applicant'sMailing Address Brief description of the land development activity and use of the land thereafter to take place on the property. Explain the hardship Property Owner's Name Telephone Number Property Owner's Address 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 Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current .honing of Property%��Current Use Names and addresses of all adjacent property owners are attached: es If within two () years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating t0 more t $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 fling of the application for this zoning actions isclos of mpai Con utions form attachment hereto. Yes i urs Ap is t fate MOTE: Other specific data is required for each type of Variance. Fee Amount S 49V Check Number Date City Official NOTE: E: is application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. 5-040 () ) Site plan and/or architectural rendering of the proposed development depicting e location of lot restrictions. R (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. A () (1) That there are unique physical circumstances or conditions 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 5-090 ( (2) property; and; 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 o the props N • Provide attachments illust ting conditions on srrondinaropies and on ®Q () the subjggtprqpgroLindicating uniqueness etc 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 has provided the required 'information to ability ' a thl and honest anner. 4bbestofhe pp scant Date 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? S NO IF YES PLEASE COMPLETE THE FOLLOWING SECTION: NAMEOF GOVERNMENTOF OFFICIAL CONTRIBUTI NS $250.00 GIFTS OF $250.00 ATE OF CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED N PLICAI N, TFUS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR F (5) DAYS PRIOR TO PLANNING COMMISSION ET IF CAMPAIGN CONTRIBUTIONS O GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBERF THE TAT n ATI%TTT Tl7. nt-IX RTQ QTCN'KT CND A 4 A XTrND A XM r -CIT TXT( -TT Signature Printed Name Date Sec. 5-090. Variances. (A) Slandartly. -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) below. (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, () Height. No part of any structure shall project beyond 5 -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 deviation from the information submitted will require separate approval by the mayor and council. (D) Reviewing variance applic i s. The designated city official, planning commission, and governing body, shall consider the factors stated herein 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. () 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 ofthe following circumstances exists: a. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing structure; 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, 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 applicanfs request the applicant ay apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3020 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) Con-WIlance with ardinances. 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. E WEIecdtro',21 ID Cour�4y Date Time ------------------------- [ SPACE ABOVE TI LINE FOR RECORDING DATA ] ------------------------® urn Recorded Document to: INE, SHEAROUSE, WEITZ, GREENBERG &c SHAE, LLP ': CHRISTINE T, MCD® ELL s. State Street annah, Georgia 31401 ATE OF GEORGIA LIMITED WARRANTY DEED )UNTY OF CHATHAM THIS INDENTURE, made this 14th day of September, 2020, between SALLY M. DAY, as party or parties of the first t, hereinunder called Grantor, and KATHERINE C. MOORE, as party or parties of the second part, hereinafter called Grantee e words "Grantor" and "Grantee" to include their respective heirs, successors and assigns where the context requires or permits). WITNESSETH: EDEAS, that Grantor, for and in consideration of the sum of TEN AND 00/100°S ($10.00) Dollars and other good and uable consideration in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby mowledged, has granted, bargained, sold, conveyed and confirmed, and by these presents does grant, bargain, sell, convey and ifirm unto Grantee, the following described property, to -wit; ALL that certain lot, tract or parcel of land situate, lying and being in the Town of Savannah Beach, Tybee Island, Chatham County, Georgia, known and designated as the EASTERN (ONE HUNDRED AND 18/100) 100.18 FEET OF LOT ONE (1)- B, OF A SUBDIVISION OF BEACH LOT SIXTY-EIGHT (68), WARD THREE (3). Said portion of lot hereby conveyed has a frontage of 100 feet on the North side of the 10 -foot private drive, with a rectangular depth northwardly of 70 feet, and is bounded as follows: on the North by a portion of Beach Lot Sixty -Seven (67), said Ward; on the East by Lot 2, of a Subdivision of Beach Lot 68, said Ward; on the South by said 10 foot private drive; and on the West by the remaining 18.8 feet to Lot 1-B, said Resubdivision. For a more complete description to said portion of Lot hereby conveyed specific reference is made to plats prepared by H.M. Garmany, dated April 27, 1949 and March 8, 1951, recorded respectively in Plat Record Books D, page 145 and E, page 15, aforesaid records; plat prepared by Bert B. Barrett, Sr., dated June 22, 1983, revised on December 12, 1984 recorded in Plat Book 6-P, page 81, aforesaid records and plat prepared by Barrett Land Surveying, dated February 14, 1992, recorded in Plat Book 13-P, page 10,aforesaid records. TOGETHER WITH ALL AND SINGULAR the improvements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, including the right of ingress and egress over, under and across that certain ten (1.0) foot private drive extending along the southern boundary of said portion of Lot 68 from Butler Avenue on the West to the Strand in the East, AND ALSO ALL that certain lot, tract or parcel of land situate, lying and being in the City of Tybee'Island, Chatham County, Georgia, and being known and designated as the WESTERN 30 FEET OF LOT NUMBERED TWO (2) OF A SUBDIVISION OF BEACH LOT NUMBER SIXTY-EIGHT (68), WARD THREE (3). Said portion of Lot Number Two (2) is shown on a plat of said subdivision made by Gordon Robert Vinson, Registered Land Surveyor, on October 31, 1942, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book B, page 159 and plat prepared by Barrett Land Surveying, dated February 14, 1992, recorded in Plat Book 13-P, Page 10, aforesaid records. Said Western portion of said Lot Number Two (2) is also shown upon a map or plat prepared by Barrett Land Surveying, Inc., dated February 14, 1992. Said Western portion of Lot Numbered Two (2) is bounded on the North by portions of Beach Lot Number Sixty -Seven (67); on the East by the remaining Western portion of Lot Numbered Two (2), said Subdivision; on the South by a strip ten (10) feet wide; and on the West by Lot Numbered One -B (1-B) and One -A (1-A); said Subdivision. Said portion of Lot Numbered Two (2) is rectangular in shape and has dimensions on its northern and southern boundaries of Thirty (30) feet and on its Eastern and western boundaries of Seventy (70) feet. The strip of way ten (10) feet wide extends from Butler Avenue to the Eastern boundary of Beach Lot Number Sixty-eight (68) and all extensions thereof. Grantors hereby grant an easement and all of their right, title and interest of the right of ingress and egress both to Butler Avenue and 'Ta 91MININFROW MOORE KATHERINE C. 10 11TH TER Most Current Owner Current Owner Co -Owner Care Of Mailing Address MOORE KATHERINE C. 10 S H I PYAR D LAN E SAVANNAH GA 31406 Digest Owner (January 1) Owner Co -Owner Address 1 Address 2 City State Zip MOORS KATHERINE C. 10 SHIPYARD LANE SAVANNAH GA 31406 Parcel Status ACTIVE Parcel ID 4000701019 Category Code RES - Residential Bill # 2964587 Address 10 11TH TER Unit # / Suite City TYBEE ISLAND Zip Code 31328 - Neighborhood 20213.00 - T213 TYBEE BTL EACH Total Units Zoning R-2 Class R3 - Residential Lots Appeal Status Legal Description Legal Description E PT LOT 1 B & THEW ST T OF LOT 2 SUB OF EACH LOT 68 WARD 3 TYBEE Deed Book 2061 Deed Page 0759 Permits Permit # Permit Date Status Type Amount 190388 07/18/2019 Complete EL- ELECTRIC $1,200.00 190385 07/17/2019 Complete RN - RENOVATIONS $10,000.00 190357 06/28/2019 Complete RN - RENOVATIONS $20,000.00 06-0234-1 04/24/2006 Complete HT - T/FU /HVAC $2,126.00 040278-2 06/21/2004 Complete GM - GENERAL MAINT $3,000.00 Inspection Inspection Date Reviewer ID 03/29/2022 RKRYZAK 12/23/2019 RKRYZAK 03/21/2016 MWTHOMAS 03/31/2010 Grantee Price Validity MWTHOMAS 06/08/2007 09/14/2020 800,000 Q WD 2061 - 0759 DAY SALLY M. AVMARCAN Appraised Values 1756 -0657 DAY JR CECIL BURKE DAY SALLY M 01/05/1994 0 U ' Tax Year Land Building Appraised Total Reason 2021 357,600 442,400 800,000 TRANSACTION 2020 345,600 -449,400 795,000 2019 -345,600 449,400 795,000 2018 345,600 449,400 795,000 2017 342,000 388,800 730,800 2016 342,000 388,800 730,800 2015 342,000 388,800 730,800 2014 342,000 388,800 730,800 2013 342,000 388,800 730,800 Sale Sale Sale Date - Instrument Book- Page Grantor Grantee Price Validity 09/14/2020 800,000 Q WD 2061 - 0759 DAY SALLY M. MOORE KATHERINE C. 04/29/2018 0 -U 1756 -0657 DAY JR CECIL BURKE DAY SALLY M 01/05/1994 0 U ' QC 164W -0638 DAY C BURKE JR DAY C BURKE JR & SALLY M- 12/01/1984 40,000 U - Land Line Number 1 Land Type U - UNIT Land Code 01 - SINGLE FAMILY RES Square Feet 0 Acres 0 Influence Factor 1 80-,_ Influence Reason 1 Influence Factor 2 Influence Reason 2 Residential Building Card # 1 Actual Year Built 1985 Effective Year Built Type 1 - Single family Residence Style/Stories 2 - TWO STORY Percent Complete 100 Quality 400 Condition AV - AVERAGE Living Area 4,956 Basement Area 0 Finished Basement Area No Bedrooms 5 Full / Half Baths 4/0 e.}4F `�{{1�t1�{. iti�3'�•{};'j �`jtc�`'stt� t� fi t'tt 7 �yt �p {(hls 9,�yt F s Yr 1z� t i t*�€ 4i"�}ti� t{ ,�{€i3����"'���s}k�}�, t r t 4y z s{ z `r .✓ri1 t �' r x t t r .. 4i K �l'�{�Yzti r�'zi `34• {��{e �}z ��l " �' ':� .. 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ADDITION i o� i + i 1 /2"IRF _... ---------------- -- -----} 0 6--------- o� 101 81,---------� 1 + 0 lb-_ O - _ 0 0 �'' Off• � C: '... `.' �j� \ CARPORT/COV. PORCH ADDITION 1/12 -IRF --------- -' _" —' --- 10' BSL ----------------------------------------- APPROXIMATE I CATIC)N 0[r FI CFC C A.ZARD (.'•F,IE: Ld (z \ o \ >-cf) EASTERN PORTION 0 � OF LOT 1-B 0.210 AC w 9,147 SF O Q _ COV. PORCH FF - 1516' ADDITION \ BUILDING 4.2' INSIDE BUILDING \ SETBACK -LINE \ 20' BSL i ry Q H RAIL ! tib ti z Of 4• HIRAIL --- - - 0 S, P m O. 0 ------------------------------------------------------------------ .. .,- .----------- ----- -=--------- ------\0 100.18 4CMF --- 1&82 + 1 8+ - ---- ---too, C'. lb4--------------- 60 1 J, i ----------------------------------------------------------- I I I I I I I i i i I I I I j kf i �F WESTERN OF LOT 2 OF LOT i, i F CONCRETE DRIVE oft L MARK:WOOD n i Ei'S TO RAMI' ADDITION. E IN CONCRETE�1RE CPAVNGEON: 8.68' 8 ^1,1 4'x9'4 VARIANCE REQUEST. lb. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- J N m 0 N/F: J.P.W., III LLC PIN: 40007 01003 PRB B, PG 294 CARPORT/COV. PORCH ADDITION. VARIANCE REQUEST 22 SF, 32'8 x 8" CD o' w m� Z W O N cr- 0 �a =0 vi Z OO d p�� ofm Qz� z lrea I� - --- -------- N71142' W I ALJ O'SHRUR z D i 0 U Ld O O- O a r I M I �• I O GJ 1-4 , '��� �' c.7 O� G a' Q+ j +°� i '�� i CONCRETE PAVING � w (o „ DO ° m o I CARPORT/COV. PORCH ADDITION 1/12 -IRF --------- -' _" —' --- 10' BSL ----------------------------------------- APPROXIMATE I CATIC)N 0[r FI CFC C A.ZARD (.'•F,IE: Ld (z \ o \ >-cf) EASTERN PORTION 0 � OF LOT 1-B 0.210 AC w 9,147 SF O Q _ COV. PORCH FF - 1516' ADDITION \ BUILDING 4.2' INSIDE BUILDING \ SETBACK -LINE \ 20' BSL i ry Q H RAIL ! tib ti z Of 4• HIRAIL --- - - 0 S, P m O. 0 ------------------------------------------------------------------ .. .,- .----------- ----- -=--------- ------\0 100.18 4CMF --- 1&82 + 1 8+ - ---- ---too, C'. lb4--------------- 60 1 J, i ----------------------------------------------------------- I I I I I I I i i i I I I I j kf i �F WESTERN OF LOT 2 OF LOT i, i F CONCRETE DRIVE oft L MARK:WOOD n i Ei'S TO RAMI' ADDITION. E IN CONCRETE�1RE CPAVNGEON: 8.68' 8 ^1,1 4'x9'4 VARIANCE REQUEST. lb. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- J N m 0 N/F: J.P.W., III LLC PIN: 40007 01003 PRB B, PG 294 CARPORT/COV. PORCH ADDITION. VARIANCE REQUEST 22 SF, 32'8 x 8" CD o' w m� Z W O N cr- 0 �a =0 vi Z OO d p�� ofm Qz� z lrea I� - --- -------- N71142' W I ALJ O'SHRUR z D i 0 U Ld O O- O a 0000 � O I M I �• I O GJ 1-4 , '��� �' c.7 O� G a' J o m o j +°� i '�� i CONCRETE PAVING .% It (o „ DO co d m I I AU1NC I- ov �. a cc 0 :,,�--------------- Lo 0 V z a - - - - -- cis0 0 i W 0 O. Q z z 41 Q L O 1 N CARPORT/COV. PORCH ADDITION 1/12 -IRF --------- -' _" —' --- 10' BSL ----------------------------------------- APPROXIMATE I CATIC)N 0[r FI CFC C A.ZARD (.'•F,IE: Ld (z \ o \ >-cf) EASTERN PORTION 0 � OF LOT 1-B 0.210 AC w 9,147 SF O Q _ COV. PORCH FF - 1516' ADDITION \ BUILDING 4.2' INSIDE BUILDING \ SETBACK -LINE \ 20' BSL i ry Q H RAIL ! tib ti z Of 4• HIRAIL --- - - 0 S, P m O. 0 ------------------------------------------------------------------ .. .,- .----------- ----- -=--------- ------\0 100.18 4CMF --- 1&82 + 1 8+ - ---- ---too, C'. lb4--------------- 60 1 J, i ----------------------------------------------------------- I I I I I I I i i i I I I I j kf i �F WESTERN OF LOT 2 OF LOT i, i F CONCRETE DRIVE oft L MARK:WOOD n i Ei'S TO RAMI' ADDITION. E IN CONCRETE�1RE CPAVNGEON: 8.68' 8 ^1,1 4'x9'4 VARIANCE REQUEST. lb. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- J N m 0 N/F: J.P.W., III LLC PIN: 40007 01003 PRB B, PG 294 CARPORT/COV. PORCH ADDITION. VARIANCE REQUEST 22 SF, 32'8 x 8" CD o' w m� Z W O N cr- 0 �a =0 vi Z OO d p�� ofm Qz� z lrea I� - --- -------- N71142' W SHEET C2 2 OF - COPYRIGHT © 2022 Cadman Designs. LLC F- z D 0 U a a U O GJ 1-4 > 0 G a' � O a cc 0 V a cis0 0 W 0 Q z z Q L O 1 N O z H z 0 o a 1 II O J Q W N N O N U i F- Q 0 W U � a a d N. o q 0 al .14 eN ho A M y -N p0q � O SHEET C2 2 OF - COPYRIGHT © 2022 Cadman Designs. LLC INSULATION AS PER I.E.C.C. 2018 TABLE 402.1.1. INSULATION NOTES : INSTALL WHERE APPLICABLE. 1. BUILDING INSULATION TO BE ISONENE LD-C-50 FORMULA OR APPROVED EQUAL IN WALLS, ATTICS, CEILINGS, AND FLOORS WITH AN R-VALUE OF 3.7 PER INCH : WHERE APPLICABLE. FLOOR SYSTEM = R-22 (MIN.) EXTERIOR WALLS = R-13 (MIN.) BATT. CEILINGS = R-30 (MIN.) OR SPRAYED ROOF = R-19 PER GA. AMENDMENTS TO I.E.C.C. 2018. z O V) REMOVE EXISTING DECK & STEPS. PREP FOR NEW. 0 0 z z 0 0 U a c. a _ 40. U O cu O U h U First Floor Plan O a SCALE: 1/4"=l'-O" > U ti a cd 0 a' 0 w Q z z a O tV N O z a z Li w a o I II w J REMOVE EXISTING WINDOWr N UNITS & PREP FOR NEW bo PATIO DOOR UNIT. N SEE SHEET A2. o X -c w Q 0 M -------------------------- d� • C'i .� A v ■ w .... ..... ..... .... . M C> --------------------------------- � O 0 ... SHEET Al Second Floor Plan 2 OF - SCALE: 1/4"=l'-O" COPYRIGHT ©2022 Cadman Designs. LLC ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ INSULATION AS PER I.E.C.C. 2018 TABLE 402.1.1. INSULATION NOTES : INSTALL WHERE APPLICABLE. 24'—O" ol 1. BUILDING INSULATION TO BE ISONENE LD—C-50 FORMULA OR APPROVED EQUAL IN WALLS, ATTICS, CEILINGS, AND FLOORS 3'-0" Of 17'-6" Of 3'-6" 70, WITH AN R—VALUE OF 3.7 PER INCH : WHERE APPLICABLE. FLOOR SYSTEM = R-22 (MIN.) EXTERIOR WALLS = R-13 (MIN.) Q BATT. CEILINGS = R-30 (MIN.) OR O � I O SPRAYED ROOF = R-19 PER GA. AMENDMENTS TO I.E.C.C. 2018. I I z M O M I N r U tD d I ( I � I I I I � ca I I I 0 I r I r r O I O ( I I 00 in op r O I to r ----------------------- - - - - -- li LLJ I > < I jn O GFI • i 120x70 GAR, STL, OVERHEAD i • ih z • • 0 U Q 2 H 9'-2" 2'-4" 4'-6" 4°,_ U 24'-0" o cu O Accessory Building Plan o SCALE: 1/4"=1'-0"— — — — — — — — — — — — — _ V h II II (J00 � II IIcdoII Ld II II Q II z Z cn II p II N o Lm t00Z -C.4 z o Ouj II o 2 �o II Vu � II w II b II � N II N II I II I II o o II— — — — — — — — — — — — — — — — ------------- ------------- Cov. Porch Addition �, o (DECKING) 12'-4" -M ------- -- --- � aid O WOOD STEPS TO A EXISTING RAMP bo 14'-0" N Q) � ■ 0 I Q) c (DECKING) p" an 4'-0" SHEET First Floor Plan A2 SCALE: 1/4"=l'—O" 3 of — COPYRIGHT © 2022 Cadman Designs, LLC -------------------------------------- ------------ WOOD STEPS TO DECK AND EXISTING WOOD RAMP. Front Elevation SCALE: 1/4"=l'—O" CARPORT/COV. PORCH ADD. 10" SQ. 'COX' COL. SEE PLANS, TYP. HANDRAIL, SEE SECTION SHEET A4. FIXED LOUVERED PANELS, TYP. 01 w 1a 0 Lo O I N N 0 z z 0 U I � 11 z n W 0 0 a Q ZZ _ 0 o O �i � U v V E, w U 5 O o 0 � w c� Q z z a Lo O I N N 0 z z 0 U o W Q W a � � = --- - ------------------------------- rl ARCH. SHINGLES, TYP. d' ------------ •�.��cq __.......................................cn ............ _. to E A 0 U ----- _ p w HARDI SIDING, TYP. 00 go W o __ _ ------- 1.0 0; CARPORT/COV. PORCH ADD. Right Side Elevation SCALE: 1/4"=V-0" Accessory Building - Right Side Elevation SCALE: 1/4"=V-0" Accessory Building - Front Elevation SCALE: 1/4"=l'—O" SHEET A4 5 of — COPYRIGHT © 2022 Cadman Designs. LLC I � 11 W LJ o W Q W a � � = --- - ------------------------------- rl ARCH. SHINGLES, TYP. d' ------------ •�.��cq __.......................................cn ............ _. to E A 0 U ----- _ p w HARDI SIDING, TYP. 00 go W o __ _ ------- 1.0 0; CARPORT/COV. PORCH ADD. Right Side Elevation SCALE: 1/4"=V-0" Accessory Building - Right Side Elevation SCALE: 1/4"=V-0" Accessory Building - Front Elevation SCALE: 1/4"=l'—O" SHEET A4 5 of — COPYRIGHT © 2022 Cadman Designs. LLC references.I am moving that the redlined zoning amendment 2022 4 be referred to the Tybee Planning Commission for review as to correct Land Development Code citations and other any other zoning Additionally, I am moving that zoning amendment 2022-4 continue to be developed as per the terms of the• council.moratorium resolution 2022-02, using public input and contributions from staff and e kk 1 r r ORDINANCE NO. 2022 AN ACE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND GEORGIA, SO AS TO REVISE PERMISSIBLE USES IN RESIDENTIAL ZONING DISTRICTS SPECIFICALLY -1, -1- -2 SO AS TO CLARIFY THE SAME AND TO DISALLOWTHE CREATION PERMITTING OF CERTAIN USES TO INCLUDE SHORT-TERM VACATION RENTALS OF PROPERTIESSUCH ZONES BUT T COGNIZE OR ADDRESS Y PROPERTY CURRENTLY OPERATED AS A SHORT-TERM RENTAL PROPERTY IN SUCH ZONES, AND CONSIDER. WHETHER SUCH GRANDFA44EREP USES SHALL E AUTHORIZED TO CONTINUE SUBJECT TO THE TERMS CONTAINED AND TO FURTHER AMEND THE CODE SO AS TO CLARIFY THE TERMS THEREOF BY WAY OF APPROPRIATE DEFINITIONS, TO PROVIDE FOR STANDARDS BY WHICH PREVIOUSLY OPERATED LQQAT1QNSAU444GRW4ED AND NOWTO BE POTENTIALLY NON -CONFORMING USES THAT MAY BE DISCONTINUED, ABANDONED AND NO LONGE T 44 R IE. WUECOME NO-LONGE SHORT-TERM NTAL PROPERTIES, AS DEFINED E T CREATE REVIEW PROCEDURES RELATE TO ANY DISPUTES AS TO THE DISCONTINUANCE OF SUCH USES AND TO REPEAL CONFLICTING PROVISIONS, T ESTABLISH EFFECTIVE DATE AND FOR OTHERPURPOSES. WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to revise zoning definitions and adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has conducted numerous publichearings, surveys, focus group sessions, stakeholder conference calls and other means of gauging public opinion over a period of years, all on the subject of rentals for under 30 days. While these activities have been held covering all zoning areas on Tybee, this ordinance addresses rental activity within the -1, R- I -B and -2 areas only; and WHEREAS, the City of Tybee Island recognizes that some people believe allowing short- term vacation rentals introduces a transient population which transient population is generally served by hotels and not residential development according to the existing ordinances and provisions of the Land Development Code and al ue that therea fler any such use is improper in zones -1, - 1 -B and -2; and WHEREAS, the community has a limited number of housing units contained within these three residential zones and is seeking to protect and maintain the quantity and diversity of housing options for the general public in accordance with the Tybee Island master plan. The character of - the island's residential community is animportant feature for residents and for any visitor on the island. The existing tourist trade is very dependent upon this diversity and on the unique character currently found in these zones; and WHEREAS, the City of Tybee Island has demonstrated that the usage of this limited residential housing stock has become increasingly dominated by rentals for less than thirty days, and in many cases, high turnover rentals with stays of less than five days. These units are also increasingly operated by absent owners, agents, investment firms and other real estate operations with no connection to the Tybee Island community, as demonstrated during the many sessions for public input. This increase has been verified by third party software purchased by the City with the intent to register and monitor these Short -Term Vacation Rentals. The methods and results of this software have been made extensively public and have been thoroughly examined; and WHEREAS, additionally, while anecdotal evidence demonstrates that behavior by this transient, rental population has improved significantly over the last few years, this has not been achieved without significant dedication of resources by the City of Tybee Island well as significant cooperation from local owner/operators, including, but not limited to, the creation of strict residential noise ordinances, sign ordinances, a dedicated complaint hotline, occupancy restrictions, and an entire dedicated enforcement department enforcing ordinances through citations. These efforts demonstrate the need for continued regulation of this expanding short term rental industry within the residential zones; and WHEREAS, cities must from time to time update existing zoning definitions to keep pace with changes in technology, population trends and land usages. The City of Tybee Island has determined that the increase in online reservation systems and other peer to peer technology breakthroughs has substantially altered the face of the tourism industry and this plays a significant role in changing the character of neighborhoods within these residential zones; and SECTION 1 -m PUILPOSE The purpose of this ordinance is to clarify the definitions and uses for certain residential zoning districts. It is hereby ordained by the Mayor and Council in a duly assembled and open meeting that Section-050(A)O and (C) of Article 4 of the Land Development Code be amended so as to include the following sections for all buildings and structures located within zoning districts R-1, -1 d -2. Except asset forth herein, no residence, structure or building within zones -1, - 1 -13 and -2, shall be operated as a Short -Term Vacation Rental or leased or rented or held available for rental for less than thirty days. Existing and ongoing properly permitted Short - Tenn Vacation Rentals which have been operated within the City in zones -1, -1- R-2 prior to the effective date hereof shall no longer be a use as of right, a� , but rather, such use will be a nonconforming use hereafter. SECTION 2 — DEFINITIONS The following words and phrases, as used in this article, shall have the following meanings: Authorized agent means the owner's agent or the owner's designee who is normally available and authorized to respond to any issues arising from a short-term rental unit within two hours and who is authorized to receive written notice on behalf of the owner. Cap means the maximum number of properties that may be licensed for Short -Term Vacation rental use in a given zoning district which may be later defined or established with a restricted zoning designation. The cap may be calculated as a percentage of the total number of developed dwelling units and developable lots within a zoning district or, alternately, as a flat number, not a percentage. Once a zoning district has met its cap, a waiting list or other means of determining eligibility for a permit may be established for properties which seek to obtain a short-term vacation rental permit. Nonconforming use means the use of anyland, building, or structure which does not confo with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established. Owner, in the context of a short-term rental, means the record owner of the property or any person or entity that leases from the record owner of the property, who engages in the business of furnishing for lease or for rent, either directly or through a third -party entity, a short-term rental unit and who must be licensed both as a business and under the Code of Ordinances. Short-term rental (ST) property means an accommodation, rented or leased for less than 30 consecutive days, used in a manner consistent with the residential character of the dwelling. There shall only be one short-term rental permit per parcel. Sublet rentals is a property which is leased from its owner on along-te basis (30 days or longer) but then made available by the lessee for short term rental or occupancy to a different parry and shall be considered a short-term vacation rental and both lessor and lessee are subject to ordinances regulating short term vacation rentals. SECTION 3 — NOTICE If a property holding a Short -Term Vacation Rental permit in zoning districts R-1; R -1- d R-2 fails to generate $ of rental income from short term rentals (rentals of less than 30 days each) within a consecutive 3 -month period, it shall be presumed that such short-term vacation rental use has been abandoned and therefore such use shall be unauthorized. It is the owner or rental operator's burden to establish these rental amounts. The amount of usage or rental income shall be proven by the applicable tax returns filed by the owner or for that location by a third party. In the event tax returns or other verifiable tax documentation are not available due to the rental occurring, or allegedly occurring, through a marketplace innkeeper or an online booking service, (such as Airbnb or similar providers), the owner may establish rental income through other documentation to the City's satisfaction. No new pen—nit or renewal of a permit shall be granted if an owner or rental operator fails to make this showing of rental income. Any new owner seeking a permit is responsible to demonstrate the prior property owner's rental history and income. Any previously gnp aced e -d Short -Term Vacation Rental within the -1,- - I -B and -2 zoning districts which is determined abandoned will no longer be g.1lowedpennitted to operate as a Short -Term Vacation Rental. SECTION 4 — ALLOWANCES In locations other than properties zoned -1, R-113 or -2, notwithstanding any other provisions in the Code of Ordinances, a Short -Term Vacation Rental use is allowable in any zoning districts as long as the Short -Term Vacation Rental location and the owners, agents or representatives for such location are in fall compliance with all provisions of the City's then current Short -Term Vacation Rental Ordinance currently codified at 34-260, et seq. including but not limited to all requirements regarding the payment of taxes, compliance with the Good Neighbor Policy, enforcement of the occupancy limits, compliance with noise and other regulations and such property has avoided citations for violating the Disorderly House Ordinance. However, in all zones, including -1, R-113 and -2, there shall only be one Short -Tenn Vacation Rental permit issued per parcel identified by tax records. SECTION 5 _ CAPS IN CERTAIN ZONING DISTRICTS For purposes of this section, a restricted zoning designation category or cap shall be any zoning district in which an ordinance exists limiting the number of authorized Short -Term Vacation Rental units in that particular district. In the event a cap on Short-term Vacation Rental units exists for a certain zoning district and a permitted unit in that district is thereafter disqualified for a rental permit, that unit's permit shall be void. No new location or unit will be issued a Short- term Vacation Rental permit to operate as an STVR in any restricted zoning designation district which has already issued permits equaling the cap. Exceptions to this prohibition of issuing new permits over any cap may be allowed as set forth in this ordinance. The City may establish a waiting list or other means of determining eligibility for a permit for locations in a restricted zoning designation district as necessary. SECTION 6 - HARDSHIP PERMITS For any property which has been continuously occupied by a resident who has held a homestead exemption for the property during the majority of their ownership, such owner, or heirs in the case of death of the owner, may be eligible for a Short -Term Vacation Rental permit pursuant to Section 3-260 et seq. as set forth below. A resident, whose life circumstances have changed such that a permit for Short Term Vacation Rentals may assist the resident obtain increased value in a property transfer, may apply for a Short -Term Vacation Rental permit. Following submission of an application for a permit, upon special review by the Planning Commission and the Mayor d Council, a special exception may be granted to allow the resident to secure a Short -Term Vacation Rental pennit regardless of any cap for that zoning district. The property must be conveyed to a new owner through a bona fide purchase transaction or estate transfer within six months of the granting of the Short -Tenn Vacation Rental permit. During the special review process, there must be a specific finding by the Planning Commission and the Mayor and Council that in the absence of issuance of a Short -Term Vacation Rental permit, an unwarranted hardship will result to the resident due to the changed life circumstances through o fault of their own. I this context "life circumstances" shall include but not be limited to illness, disability, incapacity, death or other significant change in circumstances warranting assistance. In the event the City and the owner or party(ies) at interest are unable to reach an agreement as to issues under this subsection, they will select a mediator to assist in resolving the dispute. I the event the parties at interest are unable to agree on a mediator, the City and the owner or p (ies) at interest shall each appoint one mediator and the mediators shall select a third mediator. The mediators selected will conduct at least one session in an effort to resolve the issues. SECTION 7 — REVOCATION OF PERMIT In the event taxes, license fees, fines or other assessments relating to the operation or ownership of a STR property remain unpaid or if there is evidence of improper advertising of the STR property or improper conduct at the STR property violating any City ordinances, notice will be sent of these deficiencies to the STR owner or the owner's designated agent. Following notice to the owner orowner's designated agent, of the deficiency and a failure to cure such a deficiency within fourteen (1) days of receipt of the notice of deficiency, there shall be a determination of abandonment of the permit for a STR use and such permit shall terminate and not be renewed. SECTION All ordinances and parts of ordinances in conflict herewith are expressly repealed. This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the code of the City of Tybee Island, Georgia. This Ordinance shall become effective on day of 2022. OPTED THIS DAY OF , 2022. MAYO ATTEST: CLERK OF COUNCIL FIRST G: 4892-981440271