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HomeMy Public PortalAbout120_020_ Variance-City & Leonard-Polk St ROW & 318 Polk St 1of2 Jason Buelterman is 'ir Diane Schleicher• IL CTY MANAGER CITY COUNCIL r 4"'1 CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern 4 Janet LeViner Barry Brown I #' Jan Fox :`•3 CITY ATTORNEY Bill Garbett 't ' _ Edward M.Hughes Torn Groover Q414441 ocro %.'' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: July 11, 2013 Item: Public Hearing Explanation: Variance—City of Tybee Island &Michael/Karen Leonard, Polk St. right-of-way& 318 Polk St. Budget Line Item Number(if applicable): N/A Paper Work: Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: July 2, 2013 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of ; Ethics f www.cityoftybee.org `ty (\\\„_ 1,k '4,/ -4,4, ,,-,:':' PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: June 18, 2013 Petitioner: City of Tybee Island and Michael/Karen Leonard Project Name/Description: Polk Street right-of-way and 318 Polk St. Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS _ Bishop Absent Borkowski X Second Bramble X Callahan X Marion X Motion to approve McNaughton X Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: �. Date: 1 R Planning &Zoning Manager: Sj (1ryQ .) Date: (0 -. I q - ( 3 STAFF REPORT PLANNING COMMISSION MEETING: June 18, 2013 { CITY COUNCIL MEETING: July 16, 2013 LOCATION: Polk Street right-of-way and 318 Polk St. PIN: 4-0025-01-005Y&-005Z APPLICANT: City of Tybee Island and Michael E. &Karen R. Leonard OWNERS: same EXISTING USE: public street and residential PROPOSED USE: same USE PERMITTED BY RIGHT: yes and no ZONING: C-2 and E-C COMMUNITY CHARACTER AREA: Marshfront Neighborhood APPLICATION Variance PROPOSAL The applicants/owners are requesting approval to maintain the Polk Street right-of-way and the driveway of 318 Polk Street. ANALYSIS This Staff Report was originally written for the Planning Commission meeting of March 20, 2012, and the City Council meeting of April 12, 2012. Both bodies approved the Variance. The longevity of an approved Variance is 12 months. Because the Variance that was approved in April of 2012 has expired,this is a request for re-approval. The subject property nearest Highway 80 is zoned C-2. The adjacent parcels in this area are also zoned C-2. The zoning changes to E-C, Environmental Conservation, prior to reaching the property line of 318 Polk Street and that zone encompasses the privately-owned lot. The single-family home on the lot was built in 1950 and there is a guest cottage on the property. The City of Tybee Island and Mr. & Mrs. Leonard are applying for authorization, under the Coast Marshlands Protection Act of 1970, O.C.G.A. § 12-5-280, to impact Coastal Marshlands during maintenance work to existing Polk Street. In accordance with O.C.G.A. § 12-5-286(6), the applicants have submitted letters from the City of Tybee Island,the local issuing authority in which the property is located, stating that the proposed activity does not conflict with any zoning laws. Land Development Code Section 5-010(K)reads: Prohibit Placing Materials in the Marshlands. Notwithstanding any other provision of any ordinance or regulation to the contrary, no permit for building, land clearing, land filling or for the addition of materials to any area of "marsh,""marshlands, " coastal marshlands," vegetated marshlands," or isolated freshwater wetlands as such terms are now or hereafter defined by the Coastal Marshlands Protection Act of 1970 (O.C.G.A. §12-5-280 et seq.) or to any area of isolated freshwater wetlands shall be issued in the absence of a variance granted by the mayor and council subject to the strict application hereof pursuant to Section 5-090. In addition to those provisions of Article V, Chapter 22 of the City Code which may be applicable, it shall be unlawful for any person or entity to place in marsh, marshland, or coastal marshlands as so defined any material whatsoever, in the absence of a permit issued pursuant to a variance properly granted. 1 A Variance is being sought by the owners/applicants from Section 5-010(K). An approved Variance is required prior to re-providing the zoning letter to the Department of Natural Resources. Section 5-090(A)(1) and (2) discusses the standards required for the granting of a Variance. The exceptionally low topography of the south end of Polk Street and the Leonard's driveway is a unique physical condition. The granting of this request would ensure that the property could be improved in such a way that it would be accessible by emergency vehicles except during the most extreme of high tides. Below is the description from the Master Plan of the Marshfront Neighborhood Community Character Area: These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and many lots contain access to the water via tidal creeks. The surrounding marsh provides scenic views, natural resources, a recreational amenity, and dock access to the water. Due to the close proximity of marshland and local waterways, land use and protection of natural resources requires special consideration in these neighborhoods. The nature of existing zoning classifications has preserved some undeveloped land within these areas. The table below shows how the proposed minor subdivision fits with the Recommended Development Strategies outlined in Section 1.2.8 of the Comprehensive Plan for the Marshfront Neighborhood Community Character Area. Comprehensive Plan Section 1.2.8—Marshfront Neighborhood Recommended Development Strategies Strategy Meets Strategy Y/N or N/A New development, redevelopment and restoration should be consistent 1' with existing character of the area in terms of mass, scale,use, and density. 2. Permit only uses compatible with the character of the area. Y 3. Permit only uses that will not adversely impact the marsh environment. Y Establish and enforce marsh buffer standards within this area, and identify 4. uses that will be allowed within the buffer and those that will be Y prohibited. 5 Tree preservation should be prioritized to protect the scenic and habitat value of this area. _ Encourage land uses, through clearly defined guidelines, that protect 6. against stormwater pollution including: xeriscape landscaping, previous Y surfaces, and erosion and sedimentation control. _ 7. Limit housing density, size, and height within this area through zoning. Y STAFF FINDING Staff finds the proposed maintenance to the south end of Polk Street and to the driveway of 318 Polk Street satisfies the hardship requirement. The proposal is in keeping with other requirements of the Land Development Code and the intent of the Comprehensive Plan. Staff Report prepared by Dianne Otto ATTACHMENTS A. Application(2 pages) B. Minutes from the PC mtg. 03/20/2012 &the CC mtg. 04/12/2012(2 pages) C. Photographs of property(3 pages) D. SAGIS (1 page) E. Survey(1 page) F. Proposed maintenance plans(7 pages) 2 CITY OF TYBEE ISLAND Fee 1 "> Q ZONING VARIANCE APPLICATION commercial $500 Residential $200 Applicants' Names City of Tybee Island and Michael/Karen Leonard Address and location of subject property Polk Street right-of-way and 318 Polk Street PIN 4-0025-01-005Y &4-0025-01-005Z Applicant's Telephone Number 912-786-4573 & 912-786-7890 Applicant's Mailing Address P.O. Box 2749 and P.O. Box 386, Tybee Island, GA 31328 Brief description of the land development activity and use of the land thereafter to take place on the property: elevate public right-of-way and residential driveway Explain the hardship low topography Property Owner's Name (same as Applicants) Telephone Number (same as above) Property Owner's Address (same as above) Is Applicant the Property Owner? X Yes No If Applicant is the Property Owner, Proof of Ownership is attached: X Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property C-2 & E-C Current Use public street and driveway Names and addresses of all adjacent property owners are attached: X Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: X Yes Signature of Applicant Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ Check Number Date City Official NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 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, X exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date MINUTES - Partial Planning Commission Meeting • March 20, 2012 Item 3 on the agenda is a zoning variance, by both the City and Mr. Michael E. and Karen Leonard, Polk street right of way. Ms.Otto stated,as in the staff report,that accompanied the documents for this request, both the City and the Leonards are in need of a variance to place materials within the marshland which is prohibited by section 5-010k.The current right of way of the south end of Polk Street and the property owners'driveway flood on a very regular basis. They are low and have not been maintained over the years. High tides do affect access to the property. It is that reason that both the city and the Leonards are seeking approval from DNR to make improvements on the street and the driveway. If this variance is approved by the City,then the City would be able to right a letter to DNR stating that it does not violate any of Tybee Island's zoning ordinances and has received a variance from this particular section. Ms. Otto stated that Mr. Davis is heavily involved in this project, if there are any questions. Mr. Major stated that under ordinance section 5-090,driveway high tides are not a reason to request a variance.There are very definite definitions of a hardship. Mr. Major asked if this represented a hardship. Ms. Otto explained that the ordinance talks about topography and this does have a low elevation. Mr. Major asked if the roadway is raised,what is going to be put in there. Mr. Davis said that one of the things that was agreed to with Council, before being able to retain a consultant to guide through the process with the Corp and the DNR, that this would be a single lane road as it is now and that it would be raised to an average elevation of 5.6,sea level.The tides can get up to 7 or more feet. Right now parts of that are 4'8",4'9".The Leonards have to park their cars at the road during certain spring tides.The Leonard's have had damage to their cars due to excessive salt water use.They are not looking for total relief.They are looking for partial relief and wanting the City to work with them us raise the City right of way,the Leonards raise their driveway, so they can get to their lots most of the time without having to drive through salt water.They have expressed concern about emergency traffic. Raising it to 5'6" would really minimize any hardship. Mr. Major asked if it would be widened. Mr. Davis explained that there is about a 9'width now,trimmed down to 8' drive, 2'shoulders for safety and 2 and half to one slope. Normally there would be a 3 to one slope. It is being steeped up to try to minimize any impact.This is the least that can be done to get by. Ms. Bryan asked what materials were being used to raise it. Mr. Davis stated that earth and stone would be used. It is earth now, some remnants of stone. He said that Joe Wilson has talked about putting a geomat down to minimize any further sinking of stone into the ground. It is a driveway lane with, not treacherous, but somewhat steep slopes on the side. It is merely elevating what is there. Mr. Callahan asked where 318 Polk Street was located.The only numbers he could find were 602A and B. Ms. Bryan stated that it was Salt Meadows. Mr. Callahan said he found the property, but there is no 318. He also asked if there was concern or the need for any cross drainage after this is elevated. He asked if the marsh was affected if a dam is down the middle. Mr. Davis said that would be a question for the DNR and CORP. It will all be interconnected once high tide comes in. It will be a peninsula at certain high tides, but it is going to be subsurface. It is possible that CORP or DNR will ask for cross drains. We are not asking for that. Mr. Parks asked if it would come back to the commission or is this only shot. Ms.Otto said that this is the only change. Once permitted by DNR, it becomes just a street maintenance project. Mr. Leonard took the podium. He explained that when he bought the property, it was just Salt Meadows, had a street sign on 80 that said Salt Meadows.About 3 years ago, he received a letter from the City that he now lived at 602A and B. and he had to put signs up. He said that he did. Recently Mr. Brown called and said he would be at 318 for 911 purposes. Mr. Parks closed the public hearing and called for other discussion. Mr. Callahan moved to approve as presented. Mr. Bishop seconded.The motion to carry was unanimous. Ms Otto said that the item would be on the Council agenda April 12. Partial City Council Minutes 04/12/2012 Zoning Variance, City of Tybee Island and Michael and Karen Leonard, Polk Street right-of-way and 318 Polk Street; Zoned C-2 and E-C. Ms. Otto stated this has been an extensive study by the city for the improvements needed on the southern portion of Polk Street and Mr. Leonard's driveway to elevate that roadway so it does not flood during the typical moon cycles. Planning commission did vote to approve this request 5-0. If this variance is approved this evening, it will allow the city to write a letter that GaDNR requires that the proposed project does not violate any of the city's zoning regulations. Ms. Doyle stated that this is long overdue and she appreciates everything staff has done to get this request as far as it has come. She would also ask for a unanimous vote this evening. Frank Schuman made a motion to approve. Wanda Doyle seconded. Vote was unanimous. E. re. ,s ■ t''''' Ai ..L• #h`Yr �.7'." . r `---_ r 3 `• Ili-7. - :......„--- ... ' . . '174.--------........„..............„.._i - - yip , -. . . ... mmili A t, . I , . •■••..„........................... '■,. I -1,, *11° _ ... . ,.. --: I ._ • , , .._ ,.. . ..... r . •-,.. y i • +ry .git i II ■ I ..i. ......%.................7 , f . ' . T -...4 318 Polk St. t H1 ig hwaY 81 I La ia 60 13 11.na11fir_ ___L__._ 0 11.11,,1. a - ..... ..... ... c 1121# hit _ . r , .•.‘,./ ..' .$)f.(f...:' '•s• .ri I I Illtt, '- X,.:, ,,n",' • -... •• ',.'"::,-- 0,\., de„ iik.. , -,..... v.... . . ..3. wi. •*P- , ■ Illi ._ s, ,--------<, e---7 OA 467/4 N _,...„,_ 1 ,.. 40741r A \ '---- . &-.'t-------------