HomeMy Public PortalAbout07-0194 GSHP Properties, LLC CITY OF TYBEE ISLAND
BUILDING PERMIT
DATE ISSUED: 04-30-2007 PERMIT#: 070194
WORK DESCRIPTION: RENOVATION
WORK LOCATION: 1608 JONES AVE 1&3
OWNER NAME GSHP PROPERTIES LLC
ADDRESS PO BOX 13886
CITY,ST,ZIP SAVANNAH GA 31416
PHONE NUMBER 663-4760
CONTRACTOR NAME R J GROOVER
ADDRESS 8 SUNDEW RD
CITY STATE ZIP SAVANNAH GA 31411
FLOOD ZONE
BUILDING VALUATION
SQUARE FOOTAGE
OCCUPANCY TYPE P
TOTAL FEE'S CHARGED $ 95.00
PROPERTY IDENTIFICATION#
PROJECT VALUATION $10,000.00
TOTAL BALANCE DUE: $ 95.00
It is understood that if this permit is granted the builder will at all times comply with the zoning,subdivision,flood control,building,fire,
soil and sedimentation,wetlands,marshlands protection and shore protection ordinances and codes whether local,state or federal,including
all environmental laws and regulations when applicable,subsequent owners should be informed that any alterations to the property must be
approved by the issuance of another building permit. Permit holder agrees to hold the City, of Tybee Island harmless on any construction
covered by this permit.
This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted
work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided
unless work has begun within six months of the date of issuance.
Signature of Building Inspector or Authorized Agent: �;•Ai A/
P.0.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328
(912)786-4573-FAX(912)786-5737
www.cityoftybee.org
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i Inspection Report
City of Tybee Island
403 Butler Ave.
P.O. Box 2749
Tybee Island, GA 31328
Phone: (912) 786-4573 ext. 114 -r12_ 1
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Fax: (912) 786-9539
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. Owner's Name Date Needed /4-(....t3 . / g
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( City of Tybee Island
403 Butler Ave.
P.O. Box 2749
( Tybee Island,, GA 31328
Phone: (912) 786-4573 ext. 114 i (-1-0 ,I
Fax: (912) 786-9539 39 ,e
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LAW OFFICES
CALLAWAY, BRAUN, RIDDLE & HUGHES P.C.
A PROFESSIONAL,CORPORATION
TIMOTHY F.CALLAWAY,III 301 WEST CONGRESS STREET REPLY TO:
DANA F.BRAUN SAVANNAH,GEORGIA 31401 POST OFFICE BOX 9150
R.KRANNERT RIDDLE
SAVANNAH,GEOF A31412
EDWARD M.HUGHES TELEPHONE 19121 238-2750
ANNE ALLEN WESTBROOK FACSIMILE 19121 238 2767 Of Counsel:
MONICA B.PATEL
Stanley E.Harris,Jr.
March 27, 2006 Voice Mail Extension#3011
E•Mait-Bhughes@cbrhlaw.com
VIA FACSIMILE ONLY
Dee Anderson
City of Tybee Island, Georgia
P.O. Box 2749
Tybee Island, GA 31328-2749
RE: Condominium Conversions
Our File No. 510
Dear Dee:
You and I have previously communicated about our procedures dealing with conversions
of apartments into condominiums. I am enclosing an additional letter dated March 7, 2006 that I
received from Attorney Mark Shawe along with a copy of O.C.G.A. § 44-3-114.
I think under the circumstances here, where there is not going to be any alteration of the
existing structure, under our present ordinance, we do not have any involvement in the
conversion to a condominium project. A nonconforming use for other issues such as parking or
firewalls would continue to be just that, that is, a nonconforming use.
In effect, condominiums and apartments are virtually identical in code requirements and
any conversion of existing apartments into condominiums is not regulated by our code and under
O.C.G_A. § 44-3-114 probably could not be under most circumstances.
Please call if you have any questions or comments. With kindest regards, I am
Very truly yours,
Edward M. Hughes
EMH/bb
Enclosures
cc: Mayor and Council of the
City of Tybee Island, Georgia (via facsimile)
;.1u f—euub •l UE U1:28 NM _ FAX NO. F. 02
.aFr
WElNER, SIWAROUSE, WE.1TZ, GREENBERG & SIIAWE,
A'I-1'oltNl;Ys AT LAW
wltuaf rr snuARr:
14 EAST STATE STREET
SAVANNAH,GroROIA 31401
'f El..(912)233-2251
FAX(912)235-S454
ARON o wEINER NELSON t{ASLAM(1924-1574)
WILLIAM W SNEAROUSF..,Jtr
I/envr_Y m:I'r"z March I, 2006 PLEASE FIEPLY TO
STEPHEN P GFirFNaEn POST orr•ICE BOX 1°305
MPPK r ^,l lAWE SAVANNAH,CA 31412.03 G5
r iru COI M MACKC NT,IE.III
• EDWIN R,DYCK
CI Irtra rind TAMDAKOS McDON∎•l1t,t(CA a NY)
JOSI!VA 1),WALKER
A,ROEIE SI'CA,7LLA
pvoc.YA.KlirWEST
Mr. Edward M. f ll's,Il(.1s, Esq. Vin Facsimile (p12)238-2767
City Attorney, Tybee island
Re: Condominium Conversion of the"Nelson Apartments"
1608 Jones Street. PIN 4-0008-14-014
My Filo No.: 06-533-7
Dear Uubl a:
111 response to your question that you posed in our telephone conversation of Monday March
6, please be advised that the purchaser intends 110 new construed On with respect to the Nelson
Apartments. either interior or exterior, other than purely cosmetic sprucing up (painting and the like).
] wish to reiterate that the units remain the Same, the density remains the same, and the usage
remains the same, The construction of those units is grand fathered IS they currently exist, and
therefore, n change of a form of ownership under the Georgia Condominium Act for the current use
should not give rise to any regulatory control of the condominium process with respect to either(he
physical status of the property. or the form of ownership,
As i have previously pointed out in my letter of February 24, O.C,G,A §Ll i-3-114(a) prevents
there be:itig an ordinance or regulation that would either prohibit the colldominillm Colin of ownership
or impose it requirement upon a condominium which it does not upon a physical identical
development under n different l'ol•tn of ownership, Therefore,as the current owner is allowed to own
and sell LIii oxlstin8 apartments in 1.00 Si Mph': title without retroactive intrusion for newer or updated
construction codes, the conversion of the property as a chance in form of ownership under the
Condominium Act cannot trigger the imposition of newer building codes upon a grand fathered
physical structure. Otherwise, the requirement of the City would be contrary to the,aforesaid statute.
We hnve attempted by way of these inquiries to be sure that the buyer will not have an after
the fact problem with the condominium conversion of this 1'ybee properly. Please advise me if there
is all ordinance or reguitltion having bearing on this particular process, as the now owner should not
be rquucd to sc`ek permission For that which he is statutorily allowed under these facts.
b UTA I IU.,I L I ti.Al l"JH'uu,•.,,+:.kw:�?f11fnL Ihw,lrb,S.L..
MAR--07-2006 TUE 04:28 PM FAX N0. P, 03
WEINER, Sill',AROUSE, WEITZ, GR E.NBERG & S1IAWE, LIi,,I' •March 7, 2006 .
P't<v
As always, I appreciate your time and input.
With I.r st rc iurd5, I im
Sincerely yours,
..,,,,,001 er------
Marlc T. Shawl
For the Firm
MTS/i jp
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LEXSTAT OCGA 44-3-114 •
OFFICIAL CODE OF GEORGIA ANNOTATED •
Copyright 2005 by The State of Georgia
All rights reserved.
*** Current Through the 2005 Regular Session***
*** Annotations Current Through October 11,2005. ***
TITLE 44, PROPERTY
CHAPTER 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS •
• ARTICLE 3. CONDOMINIUMS
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
O.C.G.A. § 44-3-114 (2005)
44-3-114, Effect of article upon land use,zoning,building,and subdivision laws; effect of Code Section 44-3-92
(a)No zoning,subdivision,building code,or other real estate use law,ordinance, or regulation shall prohibit the con-
dominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physi-
cally identical development under a different form of ownership.No subdivision law,ordinance, or regulation shall ap-
ply to any condominium or to any subdivision of any convertible space or unit.Except as stated in this Code section,no
provision of this article invalidates or modifies any provision of any zoning.subdivision,building code, or other real
estate use law,ordinance,or regulation;and nothing contained in this Code section shall be construed to amend,super-
sede,or invalidate any provision of Article 1 of this chapter nor shall Code Section 44-3-92 be construed to override any
lawful density requirement imposed by any zoning,building, or land use law, ordinance, or regulation.This subsection
shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium,
(b)No subdivision law. ordinance,or regulation shall apply to any subdivision of any convertible space or unit as
defined in this article. Notwithstanding the foregoing provisions of this subsection,however,nothing contained in this
subsection shall be constnied to amend,repeal. supersede. or invalidate any provision of Article 1 of this chapter nor
shall Code Section 44-3-92 be construed to override any lawful density requirement imposed by any zoning,building,or
land use law, ordinance.or regulation.This subsection shall apply to any condominium created prior to July I, 1980,or
to the expansion of any such condominium.
HISTORY: Ga. L. 1975. p. 609. § 5; Ga.L. 1980.p. 1406.§ 2;Ga. L. 1983.p.3, § 33.
RESEARCH REFERENCES
AM. ]UR.2D. --1SA Am.Jar. 2c1, Condominiums and Cooperative Apartments, §§ 23-25,82.4m..lur. 2d, Zoning and
Land Planning, 1.
C,J.S. --101 C.J.S..Zoning, § § 73, 198. IOTA C.J.S.,Zoning and Land Planning, § § 52,55, 176.
ALR, --Retroactive effect of zoning regulation. in absence of saving clause, on pending application for building permit,
50ALR3d 596.
Zoning or building regulations as applied to condominiums. 71.(LR3d 866.
Title Note
Chapter Note
Article Note
Municipal Code
Section 4-2-24 Amendments and modifications to fire prevention code.
The following provisions shall amend and modify the provisions of the fire prevention code and, if in
conflict with the provisions of the fire prevention code,shall control and prevail:
1. No building or structure shall be erected hereafter closer than ten (10)feet (measured from the
closest point of the structure footprint to the property line)to the adjacent property line except the
following:
a) An accessory building of all metal construction not more than one story n height
nor more than six hundred (600) square feet in area, located on the same lot with
a dwelling, provided that building shall be placed at least five(5)feet from any
lot line,
b) A building so constructed that the exterior walls that adjoin adjacent property be
built to form a fire wall or have a full sprinkler system installed,
1 . The walls that separate units in any building constructed with two (2) or more units that may be sold
as individual units, such as in condominiums, shall be fire walls.
2. Where more than one building or structure is built on a single lot,there shall be a minimum distance
often (10) feet between structures unless separated by fire walls.
3. Any building erected with the purpose of accommodating more than one.commercial establishment
shall have fire walls to separate each establishment unit.
4. Wood shingles, treated or untreated, shall not be accepted as an approved material for a roof
covering. All other roofing shall be classified a class A, class B or class C under the test
specifications of Underwriter's Laboratories, Inc.
5. Any person or persons owning or operating business or commercial buildings shall be governed by
the standards for the installation of portable fire extinguisher found in NFPA No. 10. (Code 1970, 7-
4)(Ord.1996-23;10/10/96)
6. Common walls, that separate two or more units or two or more in stories in a multi-unit structure,
shall be fire walls and any deviation from this requirement shall require a petition for variance before
the Tybee Island Planning Commission and City Council.
7. In all multifamily structures of two or more units, each dwelling unit shall be separated by either:
is A firewall as defined in the latest edition of SBCCI as meeting four-hour resistance with
[ ; protective openings of three-hour resistance (Table 600) and which shall extend from the foundation
rand through the roof, unless non-combustible roofing materials are used forty (40')feet to each side
of the wall,thus by its construction enabling the collapse of a structure on either side of the wall
iii without collapse of the wall itself. or
ii: Each unit shall be fully sprinkled by a system conforming to the Southern Building Code
Congress International and installed by a firm holding a valid Georgia State Competency
Certificate,
8. In those areas designated as-V-Zones of NFIPA maps published by the Federal Emergency
Management Agency, only "ii" above shall be permitted. (ord. 1993-5;Oct:14/93)(Ord 1996-
22;10/10/96) (Ord. 1998-04; 2/12/98)
Page 9 of 22
CITY OF TYBEE ISLAND, GEORGIA
APPLICATION FOR BUILDING PERMIT
Location: 06061 e‘ 1076' / r 3 PIN#
NAME ADDRESS TELEPHONE
Owner (Site lartrioer�,Ys a( Poe /30eG -' , G.,.31yge, ('G3-co?coo
Architect
or Engineer
Building
Contractor QJ G (cw.e. 30 N)
(Check all that apply)
E./Repair ❑ Residential ❑ Footprint Changes
`Renovation El Single Family ❑ Discovery
❑ Minor Addition El Duplex ❑ Demolition
El Substantial Addition ❑ Multi-Family
❑ Other El Commercial
Details of Project: 0,19(4de/4e/0k ea. d-- kir/ a L.vtd.
A "T7I t. Game AfairAn5
Estimated Cost of Construction: $ /D,Oc D
Construction Type (Enter appropriate number)
(1) Wood Frame (4) Masonry (6) Other(please specify)
(2) Wood &Masonry (5) Steel &Masonry
(3) Brick Veneer
Proposed use: �,`„yte_ 1(0-..7)
Remarks:
ATTACH A COPY OF THE CERTIFIED ELEVATION SURVEY OF LOT and complete the
following information based on the construction drawings and site plan:
#Units #Bedrooms #Bathrooms
Lot Area Living space (total sq. ft.)
#Off-street parking spaces
Trees located& listed on site plan
Access:
Driveway (ft.) With culvert? With swale?
Setbacks: Front Rear Sides (L) (R)
# Stories Height Vertical distance measured from the average adjacent
grade of the building to the extreme high point of the building, exclusive of chimneys, heating
units, ventilation ducts, air conditioning units, elevators, and similar appurtances.
During construction:
On-site restroom facilities will be provided through ®wry
On-site waste and debris containers will be provided by Owe er
Construction debris will be disposed by Owner by means of- „R;-/. ._
I understand that I must comply with zoning, flood damage control,building, fire, shore
protections and wetlands ordinances, FEMA regulations and all applicable codes and regulations.
I understand that the lot must be staked out and that the stakes will be inspected to ensure that the
setback requirements are met. I understand also that a certified plot plan showing elevation must
be attached to this application and that an as-built elevation certification is due as soon as the
habitable floor level is established. Drainage: I realize that I must ensure the adequacy of
drainage of this property so that surrounding property is in no way adversely affected. I accept
responsibility for any corrective action that may be necessary to restore drainage impaired by this
permitted construction.
Date: 20 karr 1 c9C,J P7 Signature of Applicant: ����.✓�
Note: A permit normally takes 7 to 10 days to process.
The following is to be completed by City personnel:
Zoning certification NFIP Flood Zone
Approved rezoning/variance?
Street address and number: New Existing
Is it in compliance with City map?
If not, has street name and/or number been reported to MPC?
FEMA Certification attached
State Energy Code Affidavit attached
Utilities and Public Works:
Describe any unusual finding(s)
Access to building site
Distance to water main tap site --
Distance to sewer stub site
Water meter size
Storm drainage
Approvals: ign. r� Date FEES
Zoning Administrator Ant / Permit
Code Enforcement Officer fff, �/Ni 430-0 7 Inspections
Water/Sewer van. Water Tap
Storm/Drainage Sewer Stub
Inspections Aid to Const.
City Manager
TOTAL