BOA 4-18-18

CITY OF DOVER BOARD OF ADJUSTMENT MINUTES April 18, 2018 A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, April 18, 2018 at 9:00 A.M. with Vice Chairman Ericson presiding. Members present were Vice Chairman Ericson, Mr. Keller, Mr. Hufnal and Mr. Senato. Chairman K.C. Sheth was absent. Staff members present were Mrs. Purnell, Mr. Diaz, Mr. Swierczek, Mr. Hugg and City Solicitor Mr. Rodriguez. APPROVAL OF AGENDA Mr. Hufnal moved to approve agenda as submitted. The motion was seconded by Mr. Keller and unanimously carried 4-0. Chairman Sheth was absent. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF JANUARY 17, 2018 Mr. Keller moved to approve the meeting minutes of January 17, 2018 with any necessary corrections. The motion was seconded by Mr. Senato and unanimously carried 4-0. Chairman Sheth was absent. OPENING REMARKS CONCERNING APPLICATIONS Mr. Dave Hugg, Planning Director of Planning and Inspections stated that the meeting today will be conducted in accordance with the motion of the Agenda. There are two (2) applications on the agenda under New Business. This includes the Application originally scheduled for the March meeting of the Board which was canceled due to weather conditions. The Application file will be read, and the floor will be opened for questions of the applicant by the Board and for public testimony. If the Board needs to consult the City Solicitor, they will recess to discuss legal matters. If the applicant must leave, they can contact the Planning Office at 736-7196 to learn of the Board’s decision. A formal notice of the decision will be mailed to the applicants. Approved variances expire after one year if the approved project has not commenced. All public notice for the new applications on this agenda was completed in accordance with Code requirements. The meeting agenda was posted in accordance with Freedom of Information Act requirements. NEW BUSINESS Applicant #V-18-01. 35 and 39 North New Street. Larlham Construction, LLC has requested two variances from the requirements of the Zoning Ordinance. The first request pertains to Article 4 §4.4 regarding the minimum lot area requirement. Specifically, the applicant seeks to permit a total lot size for Lot #2 of 1,650 SF, instead of the required minimum lot size of 1,800 SF. The second waiver request also pertains to Article 4 §4.4 regarding the minimum lot depth. The applicant is proposing that

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 all three lots have an average depth of 91.6 ft., instead of the required 100 ft. minimum lot depth. The site is located on the east side of North New Street, just south of Fulton Street. The site currently contains two parcels, with the parcel addressed as 35 North New Street being 0.14 acres +/- and the parcel addressed as 39 North New Street being 0.07 acres +/-. The two parcels combined are 0.21 acres +/- in size. Part of the proposal is to create three (3) new parcels on the site and reorient them to face north to Fulton Street. Subject property is zoned RG-3 (Group Housing Zone). Tax Parcels; ED-05-076.08-05-39.00-000 and ED-05-076.08-05-40.00-000. The owners of record are Larlham Construction, LLC. Exhibits for the Record: Staff Report, zoning exhibit, and statement and plans submitted by the applicant. Legal Notice was re-published in the Delaware State News on April 8, 2018. The public was notified in accordance with regulations. Mr. Diaz gave a summary presentation of the Variance Application Request. Vice Chairman Ericson questioned if there was any member present who had a conflict of interest and there was none. Representative: Mr. Nik Patel, Elliott Surveying. Mr. Patel was sworn in by Mr. Rodriguez. Mr. Patel testified the general purpose for the variance is mainly with the zoning. As it currently sits, they would like to maximize it with the townhouse proposal. They found after doing the calculations on the surveys that this configuration would be the easiest and simplest way to do it and minimize the number of variances that they needed to ask for. If they had left the townhouses facing New Street, the variances would increase whereas the lot further to the left would only be 84 feet deep. With the configuration here and with the parking coming around the alley into the back, they felt this was the most cost-effective way. He also believes visually it is a really good way to propose a townhouse to this area. When you look at the amount of area at 150 square foot less than the required and 8-feet short (for lot depth) of what the Codes require, they feel that no negative impact will come from granting the variance. With the existing homes already being typically row houses, the townhouses fit right into the existing look of the neighborhood. They do not feel that this proposal negatively impacts anything for the City of Dover and/or the neighboring properties. It is their hope that this request can be approved so that they can begin construction. Mr. Keller questioned whether the ownership will be contemplated and retained under Larlham Construction LLC. Mr. Patel replied yes, he (Larlham Construction, LLC) will retain ownership once construction is complete. It will not be sold. He will be the landlord. Mr. Keller questioned whether the townhouses would be rental units. Mr. Patel replied correct. Mr. Hufnal commented if the parking was going to be used for all three (3) of the units as one space for each unit. Mr. Patel replied correct. They had originally proposed front driveways for each townhouse with one off-street. They spoke with the City of Dover who recommended and 2

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 requested that they try to make all the parking off-street space. There will be some needed easements to make sure the tenants have access. For the most part, the parking spaces will be hidden in the back and accessed by all three (3) units. Mr. Hufnal questioned if it was facing New Street instead of Fulton Street then the restrictions would have been greater than what they are now. Mr. Patel replied correct, with the depth of the lot and with the square footage. Mr. Keller questioned the parking lot to be contemplated for the three (3) townhouse lots to be sold. We would have given attention to cross easements for the various parking and lot to lot. Mr. Patel replied that they probably still will because the City of Dover asked that he look into it just in case for future sale. Two units will have to cross what he proposes as Lot #1. They will still want some sort of access easement, so everything is on the record moving forward. Mr. Keller commented that Lot #3 would need some type of easement across Lot 1 and 2 for parking or traveling to the back yard and a similar circumstance for Lot 2 allowing Lot 3 across. He would presume these would be drawn into rental agreements. Mr. Patel replied correct, as some of the real estate items there will be no fences that will be allowed to block tenants to be able to cross. He will make sure that all this noted and on record as they move forward. Mr. Keller questioned if the application has yet to go before the Planning Commission for Site Development Plan approval? Mr. Diaz replied correct. Vice Chairman Ericson opened the public hearing. Vice Chairman Ericson closed the public hearing after seeing no one wishing to speak. Vice Chairman Ericson questioned if there was any additional correspondence for the record. There was none. Mr. Diaz noted that the Legal Notice for this application was re-published in the Delaware State News on April 8, 2018. The public was notified in accordance with the regulations. Mr. Senato moved to approve variance application V-18-01 that is in keeping with the nature and allowable usage in the RG-3 zone. It would also be improvement to this neighborhood and character. Mr. Hufnal added an amendment to the motion to clarify that there were two variances that needed to be dealt with: Variance number one for Lot #2 to allow a decrease in the minimum allowable lot size from 1,800 S.F. to 1,650 S.F. or a difference of a 150 S.F. and the second Variance that all three (3) Lots minimum lot depth decrease from 100 feet to an average of 91.6 feet. Mr. Senato seconded the amendment. Vice Chairman Ericson moved that all in favor of the motion signal by saying I. All in favor and unanimously carried 4-0. Chairman Sheth was absent. 3

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 Applicant #V-18-02 59 Park Drive. Robert A. Payne and E. Jane Warren have requested a variance from the requirements of the Zoning Ordinance. The request pertains to Article 5 §11.21 regarding the requirement to maintain natural open space in a flood hazard area. Specifically, the applicant seeks to permit construction of a sidewalk from a planned new house located outside the flood hazard area, through the flood hazard area, to Greenhill Road. The site is located on the east side of Park Drive, just north of Greenhill Road. The site contains one parcel addressed as 59 Park Drive and is 0.78 +/- acres. Subject property is zoned R-10 (One Family Residence Zone). Tax Parcel: ED-05-077.06-01-14.00-000. The owners of record are Robert A. Payne and E. Jane Warren. Exhibits for the Record: Staff Report, Zoning Exhibit, and statements and plans submitted by the applicant. Legal Notice was published in the Delaware State News on April 8, 2018. The public was notified in accordance with regulations. Mr. Diaz gave a summary presentation of the Variance Application Request. Vice Chairman Ericson questioned if there was any member present who had a conflict of interest and there was none. Vice Chairman Ericson noted that Mr. Diaz stated that the Board might consider a motion to allow the applicant to build a sidewalk that reaches to Park Drive instead of from the porch to Greenhill Road. He conferred with Mr. Rodriguez that since this is not a part of the application and the Public Notice has already gone out and the Board cannot change it to include it. However, if the applicant would like to change the direction of the sidewalk they would have to come back before the Board of Adjustment. Representative: Mr. Robert A. Payne and Mrs. E. Jane Warren, Owners. Mr. Robert A. Payne and Mrs. E. Jane Warren were sworn in by Mr. Rodriguez. Mr. Payne testified that Mr. Diaz’s introduction pretty much covers what they would like to do. There has never been a house on this lot and they would like to build a house there soon. They understood the issue with the flood zone and they are trying to work around it. They received a LOMA (Letter of Map Amendment) from FEMA. They would like to put a sidewalk from the front porch out to Greenhill Road, so people can walk in and out of their house without too much trouble. This would also minimize the amount of impervious material if they go through part of flood plain instead of going all the way to the back of the house; then they would not need a variance. Mrs. Warren mentioned that Mr. Diaz and Mrs. Melson-Williams have been incredibly helpful. They bought the Lot two years ago and have been in the planning stages because they have had difficulty getting the plans drawn. We are almost done. Mrs. Melson-Williams has been helping along the way. Therefore, they did the LOMA to push it back further (the flood plain). They called the office to find out if they could get a sidewalk. When they asked if they could get a sidewalk, they were told they needed a variance. Mr. Diaz has been incredibly helpful walking them through 4

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 the process. Their designer suggested they go for a variance and guided them. They do not think that it is unreasonable. They are trying to do it to Greenhill because it is a flatter surface and they wanted to be practical about it. The house is going to face Park Drive as they take advantage of the “mud pond” as she calls it. They wanted guests to be able to come in without having to take a long set of steps (which no one would probably ever use). That is their reason for going towards Greenhill Road because it is practical, and it would have less impact on the environment. They do have a Site Plan and they are at the point where they are almost ready to submit to the City of Dover. They met with their designer yesterday and they are only in town for this hearing. They currently live in Texas, but Ms. Warren is from Delaware and a native of Kent County. As a child she and her mother drove the street and she thought that it was one of the prettiest streets in Dover. Her mother passed four (4) years ago and during the time she was settling the estate and they were looking to come back to Dover, they happened to drive down the street and saw that lot for sale, they then made an offer within a week. It is really a dream come true to build a house on that lot. Mr. Keller questioned how close the applicant was to coming to the point of where they would be seeing the initiating of construction since granting of a Variance starts a one-year period. Mrs. Warren replied that it was a great question. They are doing everything they can to get there. It has been difficult to do it at a distance. Oak Construction in Lewes is drawing the plans. They will not be doing the building, because they do not build in Kent County. The plans are about to go to the Engineer for structural and then bids afterwards. They are hoping to start building if they receive approval from the City regarding the permitting process. They hope the process is as easy as it was working with Mr. Diaz and Mrs. Melson-Williams. They would hope to build in the summer and not in the winter. Mrs. Warren questioned if they started on the project and if the sidewalk was not complete would they be able to get an extension. Mr. Keller asked Mr. Hugg if he could help with what would trigger the commencement date on activation of the Variance, and if it would be approval of Site Plans and/or Permitting. Mr. Hugg deferred the question to Mr. Diaz but noted that you will find the building folks as friendly and helpful as you found the rest of his staff. He appreciates the comments and thanked Mrs. Warren. Mr. Diaz replied the City would consider the action on the variance within a year and would consider that to be the submission of an application for building construction through the Building Permit process. Mr. Keller stated that he wanted to clarify that the applicant did not have to complete the construction within the one-year period, but you do have to commence the activity, which ultimately is going to bring about the construction placement of the home. Mrs. Warren questioned whether they would need to have the sidewalk placed within the exact year. Mr. Hugg replied no, if you come in and start the Building Permit process they consider the action begun. If you abandoned the Building Permit at some point, then if the year has elapsed then you would lose the variance. If the Building Permit is active and for example it is three (3) years before you get to the point that the final sidewalk is installed, that would not be a problem. Vice Chairman Ericson questioned if there was any member present who had a conflict of interest and there was none. 5

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 Mrs. Warren thanked them for the clarification. Mr. Senato questioned if this was the Lot across from the Fireman’s Memorial and if it was in the flood plain because he was not aware it was. Mr. Hugg replied the flood plain is very wide in that area. It comes almost up to the patio of the Frazier’s Restaurant on the one side and incudes pretty much the beginning of the bank. All the lots kind of have a slope and at the bottom of that slope they are in the flood plain. Mr. Senato stated that he was aware that the Frazier’s Restaurant had flooding a few years ago. He was not aware it went up that high. Mr. Hugg also noted as a point of reference that was also mentioned by the applicant that most of the properties along Park Drive and several of them on Greenhill Road do have sidewalks or staircase sidewalks that come down the slope and are in the flood plain. This is kind of the pattern in that neighborhood. Mr. Senato noted if the sidewalk was in a different area (rear) you would not have a problem, but because of the tranquility and the beauty of the front porch they want a walkway that puts it into a flood plain. He mentioned that he understood. Mr. Keller commented that he appreciated the photographs submitted because one in particular on Exhibit F illustrates to him the addition of the applicant’s sidewalk from the proposed home to Greenhill Road. He would not think it would be any more detrimental to that flood plain area than the existing sidewalk built by City of Dover and/or DelDOT at some point in time and all of which is a substantial portion of which lies within that flood zone area. He also appreciates the extent of the applicant working with FEMA and the certification by them in a letter of additional information which reads in part “FEMA has determined that the property is not subject to inundation by the flood having a 1-percent chance of being equaled or exceeded in any given year for a base flood. This does not mean the property is not subject to other flood hazards.” However, it is not contemplated to ever be inundated. He noticed through the years any number of floods in that area, but he does not believe that he has ever seen one which went to the extent of the upslope of Greenhill Avenue and/or ever got to the top of that rising elevation that Mr. Hugg points out. That area in his estimation is truly beautiful and this vacant Lot has longed for a home of some sort as long as he can remember. Mrs. Warren thanked Mr. Keller for the comments. She stated that even their Becker Morgan Surveyor said it was not in the flood plain; it’s up a 10-foot hill. As a native Delawarean she was thinking she had been gone a long time, but she could not imagine it. She currently lives in the City of Houston, so they understand flooding. They are incredibly cognizant of not disturbing and they even looked into whether or not they needed flood vents. They were told that they did not need flood vents by Mike Purnell at Oak Construction who is very familiar with the entire flood issue. Mrs. Warren and Mr. Payne are very cognizant of flooding having gone through the inches of rain in Houston. 6

CITY OF DOVER BOARD OF ADJUSTMENT APRIL 18, 2018 Vice Chairman Ericson opened the public hearing. Mr. Rick Givens was sworn in by Mr. Rodriguez. Mr. Givens testified that he is an adjacent property owner and he was present to support the variance. As he looked through the materials that were prepared by Bob and Janie, he particularly, while it may not be germane to this hearing he is appreciative of the fact that they are going to retain the trees on the property. Directly across from where they are proposing to put the sidewalk on the Greenhill Road (he lives at 424 Greenhill Road) there is already one in existence. It will certainly be in keeping with what is already there. Vice Chairman Ericson closed the public hearing after seeing no one wishing to speak. Vice Chairman Ericson questioned if there was any additional correspondence for the record. There was none. Mr. Keller moved to approve variance application V-18-02 which will allow the construction of a sidewalk from a planned new house located outside the flood plain hazard area through the flood plain hazard area to Greenhill Road. As submitted with the City’s Report and Recommendation, it is found in his estimation that the proposed use is in keeping with the nature of the zone and residential character of the surrounding area. There is not any anticipated negative impact to surrounding properties, nor is the sidewalk expected “as sited within the report” to exacerbate flooding in the area due to the proposed design minimizing the amount of pavement added to the rather extensive existing sidewalk in that area. Mr. Keller concluded with recommendation for approval. The motion was seconded by Mr. Hufnal. Motion carries 4-0. Chairman Sheth was absent. Meeting adjourned at 9:44 A.M. Sincerely, Maretta Savage-Purnell Secretary 7