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HomeMy Public PortalAbout20220919_PC_MINUTES.pdfPLANNING COMMISSION Marie Goading Susan Hill David McNaughton Elaine McGruder Whitley Reynolds Marie Rodriguez Martha Williams CITYMANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting MINUTES September 19, 2022 Chair David McNaughton called the September 19, 2022, Tybee Island Planning Commission meeting to order. Commissioners present were Vice Chair Elaine McGruder, Susan Hill, Whitley Reynolds, Marie Rodriguez, Marie Gooding and Martha Williams. Consideration of Minutes: Chair David McNaughton asked for consideration of the August 15, 2022, meeting minutes. Marie Gooding asked for an addition to one of her comments. Elaine McGruder made a motion to approve as amended. Whitley Reynolds seconded. Vote was unanimous. Disclosures/Recusals: Chair David McNaughton asked if there were any Disclosures or Recusals. Marie Rodriguez asked to recuse herself from the Tree Appeal. Public Hearings: Old Business: Variance: requesting to impact marshland to maintain right of way — Polk Street right of way & 318 Polk Street — Zone C2 -EC- 4-0025-01-005Y & 005Z - City of Tybee & Michael Leonard. George Shaw stated this is a variance to allow the City of Tybee and the Leonard's jointly to repair the road and driveway that the Leonard's have to use to get to their home. When it rains or there is a high tide they cannot get to or from their home. It is their only way of ingress and egress. DNR has approved this project to repair the road and unfortunately, we are having a lot of trouble finding a contractor that can get the supplies at a cost that the City of Tybee and the Leonards are willing to pay. This variance only lasts a year, so this is a renewal for the variance in hopes of getting it done within a year. Staff recommends approval. Martha Williams stated she noticed in the DNR report they recommend against using culvert pipe saying it is not only unnecessary, but it can also create maintenance problems. Has that been reconciled? George Shaw stated he thought there were culvert pipes in the approved plan and these plans have been the same since he has been working with it. Martha Williams stated it will save them a few bucks not using them and it is worth revisiting. George Shaw stated it's not the cost of the pipes that's the problem. It is the gravel that is hard to come by. Whitley Reynolds made a motion to approve. Elaine McGruder seconded. Motion to approve was unanimous. New Business: Site Plan: 402 First Street -requesting to add a lift to front deck -Jason Dubuque George Shaw stated this business is a brewery and bar, Back River Brewery and is on the second floor above Agave restaurant. They have been having to carry large bags of grain and other items up and down the steps. They would like to add a lift to help with taking the bags up. The lift will run on a rail from the side of the deck and wont effect any parking spaces. It will stay in the up position when the bar is closed. Staff recommends approval. Marie Gooding stated it looks like the position of the pole for the lift will eliminate a parking space and also come in front of the window of the Agave restaurant. George Shaw stated when he visited the site the pole will be located at the top of the parking space. David Mc Naughton stated he agrees that the parking space looks like it will be blocked. Also, who will monitor the lift to make sure it is in the up position. George Shaw stated he feels the owners of the brewery will most likely take care of that. Fraser Smith, who lives at 173 Lewis Avenue, approached the Planning Commission and stated he is part owner and managing partner of Back River Brewery. He stated the main rail is in the front of those parking spaces that also have a bump stop to stop them from going into Agave and they are golf cart parking spaces. He also stated during business hours it will stay in the up position. We really need this to help with the heavy items we need to carry up to the Bar and to conduct safe operations. Marie Rodriguez asked if this will be used for somebody that is handicap to get to the second floor. Fraser Smith stated that would be a separate application for an ADA wheelchair lift. Marie Gooding asked did you consider alternative placement for the lift. Fraser Smith stated yes and this is the best location we came up with that does not interfere with parking as long as it is in the up position. David McNaughton asked if he considered these issues before he opened the business. Fraser Smith stated yes, we did but this was the best location we could find for our business. David McNaughton asked if he considered a hoist. Fraser Smith stated he does not believe a hoist would be as safe. Susan Hill asked if this will be at the end of the long sidewalk at the top of the stairs or in front. Fraser Smith stated it will fit perfectly in the notch that is at the end of that porch. Whitley Reynolds made a motion to approve. Elaine McGruder seconded. Motion to approve was unanimous. Tree Appeal: -402 6th Street -appeal of actions Sec. 7 -loo regarding; denial of tree permit-Jone Bremer George Shaw stated Ms. Bremer put in an application for tree removal for a pool permit and they received the pool permit. Then she brought in her application for an addition on her house and I went out with the arborist because he had some confusion with the trees on the lot. It was then discovered that there was a large tree on the lot where the pool was going to go in that did not show up on the tree permit site plan. We had to then revoke the pool permit. Our code allows for removal of significant trees to make reasonable beneficial economic use of the property. George Shaw stated he checked with the city attorney and he stated a pool is not necessary to reach that threshold. Basically, you cannot take out a significant tree for a pool. Staff recommended denial. And that is why Ms. Bremer is filing this appeal. David McNaughton asked how many trees are to be taken down for the addition, and do they have to mitigate. George Shaw stated about fifteen and they have enough trees left to not have to mitigate. Jana Martin, who lives at 7 Jutsen Court, Savannah, approached the Planning Commission and stated she is an Attorney representing Ms. Bremer asking for approval of this permit for her to put in her pool. She stated that she meets the tree density on the property even removing the one tree for the pool. The property will meet the LDC code Sec. 7-06o for reasonable beneficial economic use. Patrick Murphy, who lives at 402 Sixth Street, approached the Planning Commission and stated we did get the permit with the tree marked then when we turned in the addition application the pool was revoked. This addition is based around the pool. David McNaughton asked have they thought moving the pool towards Fifth Street or putting it at an angle so you would not have to remove the tree. Patrick Murphy stated there is an even larger tree on that side. Whitley Reynolds made a motion to approve. Marie Gooding seconded. The vote was 3 to 2, Marie Gooding and Whitley Reynolds voted yey. Martha Williams, Susan Hill and Elaine McGruder voted nay. Motion failed. David McNaughton asked if there was a second motion. Elaine McGruder made a motion to deny. Martha Williams seconded. The vote to deny was 3-2, Martha Williams, Susan Hill and Elaine McGruder voted yey. Marie Gooding and Whitley Reynolds voted nay. The vote to deny won. Variance: 8 Eighteenth Place -requesting to add elevator in side setback -Judi Greg Hirsch George Shaw stated the applicants would like to add an elevator for Mr. Hirsch who cannot climb the stairs for health reasons. Staff recommends approval. Whitley Reynolds stated the survey was not clear how far into the setback this is. George Shaw stated it is about five and a half feet. Harold Yellin, approached the Planning commission and stated he is here on behalf of Greg and Judy Hirsch as their attorney and representative. He stated Greg has ALS and has difficulty getting up and down the stairs. The size of this elevator has to large enough to accommodate a wheel chair and another person. The west side of the building has enough room for that and it is closer to the driveway. Judy Hirsch, who lives at 8 Eighteenth Place approached the planning commission. Marie Rodriguez asked if Greg Hirsch will be going into the elevator from the garage. Judy Hirsch replied yes it will go into the storage area in the garage. David McNaughton asked if the entry will be where one of the windows are now. Judy Hirsch stated yes, we will lose two windows for the elevator. Susan Hill stated she does not want us to be remis in our duty to talk about hardship. She stated she heard Bubba give an explanation about hardship as far as a variance goes. The hardship is not with the person applying for the variance. The hardship goes with the land. So in this case this is an example of where someone came in built a house to the setbacks and now here we are trying to figure out how to get someone who needs an elevator in there. She wants council to know that hardship was discussed. George Shaw stated this has been discussed and they will be preparing an ordinance amendment to allow the Zoning Administrator to approve this type of situation instead of having to do a variance. Marie Rodriguez made a motion to approve. Elaine McGruder seconded. Vote to approve was unanimous. Site Plan: 3oi First Street -requesting to add golf cart rentals & restaurant-Liran Portal George Shaw stated Coast to Coast rentals is the new owner of Sugar shack. They intend to keep the Sugar Shack ice cream and candy but not do the restaurant and they would also like use the site for golf cart and bicycle rentals. They have easy access to Jones Avenue for the golf carts to go north and south. They also have plenty of parking and they will not need drainage since they will be improving the site for drainage. Staff recommends approval. Marie Rodriguez asked has been discussed how they're going to keep the golf carts from going onto Highway 80. George Shaw stated yes, they will get rid of the curb cut and they will have to go out to Jones Avenue or on Second Avenue. Marie Gooding stated we had another recent applicant and we asked about neighborhood feedback, so my question is has that been done on this one as well. George Shaw stated we did what our ordinance requires and there was no additional notification. Council wanted additional notification on the other site plan but we have not been given any guidance to do that on this project. Marie Gooding stated I'm not comfortable with these plans, they show the curb cut on all the plans where people could come in and out on Hwy 80. George Shaw stated he will let the representative address that. Elaine McGruder asked how many golf carts and will they be gas or electric. George Shaw stated about thirty is what I was told. The type of carts will be up to the customer. They are aware we have an ordinance pending. Susan Hill stated on the last page on the revised site plan it states deeded apartment parking is that for the apartments. George Shaw stated yes, those apartments have designated parking. Jerry Lominack, of Lominack, Kolman and Smith Architects approached the Planning Commission and stated he is the representative for the applicant. He stated the site plan indicates the curb cut will be restored. Mr. Shaw informed us that will have to be done by the state Department of transportation. We will be addressing that. The golf carts will be gas. David McNaughton asked where the bikes will be stored. Jerry Lominack stated a picture was in the packet that was sent out, the blown -up picture of the building on the west side. Susan Hill asked the representative if he has seen the proposed ordinance. Jerry Lominack stated no we have not we have been complying with the current ordinance. Martha Williams stated this would make the third golf cart rental place, please help me understand how this is consistent with our master plan, carrying capacity studies and our comprehensive plan. George Shaw stated he does not think it conflicts with any of those. It is a retail business and it does not talk about the types of businesses. Martha stated we are trying to balance conflicting priorities here and I'm worried about the Island becoming inundated with golf carts, which has become an issue lately. George Shaw stated just so you're aware I have to go on existing policies and that would be a policy decision. Susan Hill stated she agrees that three golf cart rentals within three blocks is a lot. She thinks that we would have to be very careful about the legal ease of denying somebody of a business that is legitimate under our Land Development Code. Martha Williams stated you have to consider the entire picture. And if you keep approving onesie twosies pretty soon were going to have a lot of something. According to why do we plan by the Georgia department of community affairs, planning is all about balance among competing interest and almost always involves difficult tradeoffs, and I think this may be one of them. I think another golf cart rental place at this point and time especially gasoline powered is not warranted. Elaine McGruder stated we need to look at the safety issues of the golf carts and that's one within our rights to say we don't want anymore. Marie Gooding stated she does not believe it is the job of us in government to choose winners and losers in retail establishments. If the city wants to pass an ordinance to limit the number of golf carts whether that's by ordinance or total we do not have that today. So, by approving one and denying another we as a government organization are choosing a supply demand economic situation. My opinion is that is not our place to do that. Susan Hill stated she believes that golf carts slow traffic down. Martha Williams stated she thinks by proposing a no recommendation that will send a message to City Council that we believe there should be some limits. Whitley Reynolds made a motion to approve. Marie Gooding seconded. The vote to approve was 4-2, Susan Hill, Marie Gooding, Marie Rodriguez and Whitley Reynolds voted yey. Martha Williams and Elaine McGruder voted nay. The vote to approve won. Adjournment: 8:oopm Lisa L. Schaaf