Newspaper Page Text
Page 2, July 22, 2019, The Islander
ZBA overturned
Continued from Page 1
traffic than that which is generated
on the street itself.” Our Zoning Ordi
nance Section 602 uses the same clas
sifications for all public and private
streets.”
The BOC would not allow Rafolski
his own time to speak last week even
though the ZBA’s unanimous decision
was being challenged. He had to use
time that was taken away from the
German Village attorney’s time.
Community Development staff,
however, had all the time they needed
to present their side of the case.
Rafolski told the BOC, “Since
we’re not being given an opportunity
to explain our decision, and this is a
precedent setting vote you’re about to
make, it’s important that you actually
hear from the ZBA. It is our decision
that Community Development and
the legal staff are asking you to com
pletely overturn.”
Editor’s note: As far as The Island
er can determine Glynn county staff
has never challenged a ZBA decision.
The ACCG (Association County Com
missioners of Georgia) also was not
aware of this ever happening in Geor
gia. Then there was the letter from
Hull Barrett attorney Brooks Hudson
(hired by concerned Glynn County
citizens) that stated, “I am unaware of
any case law in Georgia that address
es the standing or county agencies to
appeal administrative decisions.”
Rafolski told the BOC that the ZBA
members take their responsibility se
riously and spend time to study the or
dinances before making any decision.
“This case is unusual because it in
volves an “infrastructure only” permit
for a development (Guale preserve)
that has not been through the site
plan review,” Rafolski said.
He continued, “The impacts of the
park and boat launch are clearly not
contained on the park site. The permit
shows two entrances; one directly off
Lawrence Road and a second at the
waterfront that runs through a subdi
vision on a minor street.
“That neighborhood is zoned R-6
Residential. R-6 is for single-family
residential use under Section 701.1
of our Ordinance. This district is “de
signed to encourage the formation and
continuance of a stable, healthy envi
ronment for one-family dwellings and
to discourage any encroachment by
commercial, industrial, high density
residential or other uses capable of
adversely affecting the single family
residential character of the district.”
“To discourage any encroachment is
pretty straightforward,” Rafolski said.
“And not by just commercial or indus
trial uses, but by any other uses that
could negatively impact the neighbor
hood. Park traffic would do that.”
He also pointed out that R6 zoning
does not even allow non-commercial
recreational areas without a condi
tional use permit.
He continued, “Oddly, the staff re
port did not indicate the zoning of the
surrounding residential properties.
It didn’t show the entire Guale pre
serve acreage. Construction drawings
didn’t show the subdivision was there.
I made a site visit to the proposed en
trance and found that I was standing
on a single-lane dirt drive that the
staff report said was paved.”
He pointed out that staffs report did
not mention that Village Drive is clas
sified by the county as a minor street
“used primarily for access to abutting
residential property designed to carry
no more traffic than that which is gen
erated on the street itself.”
Rafolski said, “The (Community
Development Dept.) Director is ap
pealing our decision on the charge
that we, the ZBA, ‘lacked the legal au
thority to impose such a condition.’ As
I’ve outlined, the ZBA not only had the
authority, but the duty to protect the
existing neighborhood to comply with
our existing ordinances.
“If staff is affected by our ruling,
then they are affected by all of them,
not just the ones they do not agree
with,” Rafolski said.
Planning Manager Stefanie Leifs
argument was that Guale preserve
was not proposed as a regional park,
that Village Drive was a public road,
and that the ZBA did not have the au
thority to limit the access of Village
Drive.
Commissioner Bob Coleman asked
Leif, “What is the width of Village
Drive?”
“That is a good question,” she said.
“It does vary in width. The asphalt
varies from 19 feet as you turn off of
Lawrence road down to 18 feet.”
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Coleman then asked her if Village
Drive was ever intended to carry traf
fic other than the traffic for the resi
dents who live there.
“I don’t see that Village Drive will
ever be anything that what it is, a
small residential access road in an R6
community,” Coleman said.
“This is about intrusion into this
neighborhood,” he continued. “I don’t
understand the conflict.”
“We are only looking at five parking
spaces, really, and a trail, in the plan
that came to us,” Lief said.
She reiterated Village Drive is a
public road. “Based on the five folks
coming to hike on a trail, the road is
adequate for that.”
“If more amenities are added down
the road, then we would analyze is the
road sufficient to serve the additional
development,” she said.
“The county would most likely re
quire a traffic study to see what im
provements could possibly have to
happen at that time,” she said. “But
we felt the road would service those
five spaces just fine.”
Coleman responded, “Do you really
think those five spaces won’t expand
rather rapidly? Who’s kidding any
body about five spaces?”
“That doesn’t have anything to do
with anything. All they did was go
down there (to Guale preserve) and
cut out five spaces with a bush hog
and put a stick up there with a num
ber on it,” he said.
“How fast could you do five more
and five more (spaces) and who’s going
to keep them from doing it?” he asked.
Leif said additional spaces would
generate a new review.
When asked by Com. Wayne Neal
if a gazebo would require a building
permit, Leif said there was no build
ing permit requirement for a 120 ft.
storage shed.
Neal persisted saying he knew that
and again asked about a gazebo.
Leif said that if it was called a ga
zebo with no storage it would require
a building permit.
“Does that not look like a way to cir
cumvent a building permit by putting
two storage boxes on it?” Neal asked.
Leif replied, “The permit request
from the St. Simons Land Trust for
Guale preserve came to us as a stor
age shed. If it contains storage, that’s
how we define a storage shed.”
However, on the Oct. 16, 2018
Community Development review his
tory for construction permit CP 3880
Guale Preserve, it is noted under
19700 Planning and Zoning, assigned
to Leif, “not compliant” and dated Oct.
3, 2018, “Entrance Arbor / gazebo is a
new structure and site plan approval
by the Islands Planning Commission
would be required.” Leif notes this on
the plan.
The same exact note is included on
a staff review history dated Jan. 11,
2019 for this same Guale preserve
site. However, also on the Jan. 11,
2019 review, a new item has been
added for Planning and Zoning re
view, Lief, “The storage shed is under
120 square feet and does not require a
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ZBA overturned
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