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CITY OF DOVER, DELAWARE
BOARD OF ADJUSTMENT MEETING
Wednesday, November 20, 2024 at 9:00 AM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON & VIRTUAL MEETING
This Board of Adjustment Meeting for November 20, 2024 will be in City Hall, City Council Chambers.
The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using
Webex, an audio/video conferencing system as an electronic means of communication. See the
participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
To Attend City of Dover Board of Adjustment Meeting of November 20, 2024 at 9:00 A.M.
Join by Phone: Dial 1-650-479-3208
Access Code: 253 459 52110
Password for Phones: 36837262
Join Online: https://bit.ly/BOA11202024
Webinar Number: 2534 595 2110
Webinar Password: DoverBOA
If you are new to Webex, get the app now at https://www.webex.com/ to be ready when the meeting
starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196.
Written comments are accepted via mail to City of Dover – Board of Adjustment,
P.O. Box 475 Dover, DE 19903 and via email at CompPlan@dover.de.us.
WELCOME
Welcome to new Board of Adjustment Member as appointed August 12, 2024 to serve a Three-Year
term to expire in July 2027: Ronald L. Coburn Jr.
ROLL CALL
APPROVAL OF AGENDA
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BOARD OF ADJUSTMENT MEETING - November 20, 2024 PAGE 2
APPROVAL OF MINUTES
1. Adoption of Meeting Minutes of August 14, 2024
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Board of Adjustment Meeting date is scheduled for December 18, 2024
at 9:00 AM.
Schedule of Deadlines
2. 2025 Schedule of Deadlines and Meetings for Board of Adjustment - DRAFT
OLD BUSINESS
NEW BUSINESS
The following Applications were filed for Review and Public Hearing before the Board of Adjustment.
3. Application #V-24-05
Property at 1151 N. DuPont Highway. A Request has been made for a Variance from the
requirements of Zoning Ordinance, Article 5 §4.7 associated with signage for a new restaurant
building with drive-through and site improvements. The Variance Request seeks to increase the
number of permitted wall signs from two (2) wall signs to five (5) wall signs. The property is
zoned C-4 (Highway Commercial Zone) and subject to the SWPOZ (Source Water Protection
Overlay Zone: Tier 3 – Excellent Recharge Area). The owner of record is Tung Ching Lin.
Property Address: 1151 N. DuPont Highway, Dover DE. The Tax Parcel ID is ED-05-057.00-
01-30.01-000.
4. Application #V-24-06
Property at 207 N. West Street. A Request has been made for Variances from the requirements
of Zoning Ordinance, Article 4 §4.2 as associated with a proposal to subdivide the existing
12,168 SF parcel located at the northeast corner of N. West Street and Cecil Street into four (4)
townhouse lots (Cecil Street Townhomes). Variance Request 1 seeks a reduction of the
minimum lot depth to 84.5 feet from 100 feet. Variance Request 2 seeks to allow a minimum
lot area of 2,366 SF reduced from the required minimum lot area of 3,000 SF for two (2) of the
townhouse lots. The property is zoned RG-1 (General Residence Zone). The owner of record is
4BL, LLC. Property Address: 207 N. West Street, Dover DE. The Tax Parcel ID is ED-05-
076.08-02-01.00-000.
ADJOURN
Posted Agenda: November 13, 2024
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item 2.
2025 City of Dover, Delaware
BOARD OF ADJUSTMENT
Here is the Schedule of the Application Deadlines and Board of Adjustment
Meeting dates for the year 2025. The submittal procedures for the Board of Adjustment are
outlined in Zoning Ordinance, Article 9, Section 3. Prior to an Application submission, a Pre-
Application Meeting with Planning Staff is required. The Board of Adjustment Meetings are
typically scheduled for 9:00AM start time.
MONTH DEADLINE DATE MEETING DATE
JANUARY 12/13/2024 01/15/2025
FEBRUARY 01/17/2025 02/19/2025
MARCH 02/14/2025 03/19/2025
APRIL 03/14/2025 04/16/2025
MAY 04/11/2025 05/21/2025
JUNE 05/16/2025 06/18/2025
JULY 06/13/2025 07/16/2025
AUGUST 07/18/2025 08/20/2025
SEPTEMBER 08/15/2025 09/17/2025
OCTOBER 09/12/2025 10/15/2025
NOVEMBER 10/17/2025 11/19/2025
DECEMBER 11/14/2025 12/17/2025
JANUARY 12/12/2025 01/21/2026
For Information Contact: City of Dover
Department of Planning & Inspections
City Hall at 15 Loockerman Plaza, P.O. Box 475 Dover, DE 19903
(302) 736-7196 Planning Office Phone
(302) 736-4217 Fax
www.cityofdover.com Email: compplan@dover.de.us
DRAFT 11.12.2024 3
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Item 3.
City of Dover
Board of Adjustment
November 20, 2024
V-24-05
Title: Property at 1151 N. DuPont Highway - Application for a Variance: Signage
Location: East side of Route 13/North DuPont Highway and north of the intersection
with College Road and north of the entrance drive to Bally’s/ Dover Motor
Speedway
Address: 1151 N. DuPont Highway, Dover, DE
Owner: Tung Ching Lin
Tax Parcel: ED-05-057.00-01-30.01-000
Application Date: October 17, 2024
Present Zoning: C-4 (Highway Commercial Zone)
SWPOZ (Source Water Protection Overlay Zone: Tier 3 –
Excellent Recharge Area)
Present Use: Restaurant Building (vacant to be demolished)
Proposed Use: New Restaurant Building with drive-though
Reviewed By: Dawn Melson-Williams, AICP, Principal Planner
Variance Type: Area Variance
Variances Requested: Request has been made for a Variance from the requirements of
Zoning Ordinance, Article 5 §4.7 associated with signage for a
new restaurant building with drive-through and site improvements.
The Variance Request seeks to increase the number of permitted
wall signs from two (2) wall signs to five (5) wall signs.
Project Description
The property at 1151 N. DuPont Highway is located on the east side of North DuPont Highway
north of the intersection with College Road. It is the second property (building) passed the
signalized intersection on North DuPont Highway with the entrance drive leading to Bally’s
Hotel & Casino and the Dover Motor Speedway. The property currently includes a vacant fast-
food restaurant building with a drive-through surrounded by a circulation drive and parking
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 2 of 10
areas. Access to the property is via a shared right-in/right-out entrance with the adjoining
property to the north (Grotto’s). On the eastern portion of the property there is a circulation drive
that travels south to link to Bally’s entrance drive. The property is proposed for redevelopment
with a new restaurant with a drive-through; it is currently in review as an Administrative Site
Plan (S-24-18). For this Application V-24-05, a Site Map sheet shows the project site with the
restaurant building location and the placement of the wall signs under consideration (See Exhibit
E).
The Applicant has requested a Variance from the requirements of Zoning Ordinance, Article 5
§4.7 associated with signage for a new restaurant building with drive-through and site
improvements. The Variance Request seeks to increase the number of permitted wall signs from
two (2) wall signs to five (5) wall signs. (V-24-05)
Previous Application V-24-04
The Applicant previously requested a Variance from the requirements of Zoning Ordinance,
Article 4 §4.15 related to future construction of the new restaurant building with drive-through
and site improvements; the Board of Adjustment considered Application V-24-02 on August 14,
2024 and granted its approval of a variance pertaining to the building setback. The Variance
granted approval of a reduction of the side yard setback of 15 feet to 8.5 feet to accommodate the
drive-through canopy. The new restaurant building with drive through, a proposed Raising
Cane’s, is subject to a separate Site Development Plan review process as Administrative Site
Plan S-24-18.
Property and Adjacent Properties: Zoning and Land Use
The 1.13 acre (49,149 SF) +/- property is zoned C-4 (Highway Commercial Zone) and is subject
to the SWPOZ (Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area). The
two adjoining parcels also fronting are zoned C-4 (Highway Commercial and include a
restaurant (Grotto’s) and a multi-tenant building with retail stores and a restaurant. To the east
are the properties of Bally’s Hotel and Casino and the Dover Motor Speedway which are zoned
RC (Recreational and Commercial Zone). To the west, across DuPont Highway is the main
campus of Delaware State University that is zoned IO (Institutional and Office Zone). A majority
of the surrounding area is also subject to the SWPOZ (Source Water Protection Overlay Zone).
The subject property and the nearby properties have frontage on North DuPont Highway (US
Route 13) which is considered as an urban principal arterial.
A Map Exhibit (Exhibit B) prepared by Staff is attached to this Report. It shows the subject
property’s location and the surrounding zoning. Map Exhibit C shows an aerial view of the area.
Code Citations
C-4 (Highway Commercial Zone)
The subject project area is zoned C-4 (Highway Commercial Zone). Zoning Ordinance, Article 3
Section 16 lists the permitted uses, conditional uses, and other provisions of the C-4 zone. For
the proposed redevelopment of the property for a new restaurant building with drive-through, the
use as a restaurant with drive-through would require Site Development Plan approval. See the
following excerpt of the permitted uses in the C-4 zone.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 3 of 10
Article 3 Section 16
16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall
be used, and no building or part of a building shall be erected, which is arranged, intended,
or designed to be used, in whole or in part, for any purpose, except the following:
(a) Retail stores.
(b) Business, professional or governmental offices.
(c) Restaurants.
(d) Personal service establishments.
(e) Service establishments.
(f) Hotels and motels.
(g) Places of public assembly.
(h) Bus terminal.
(i) Wholesale, storage, warehousing, and distribution establishments.
(j) Indoor or outdoor recreation and amusement establishments.
(k) Hospitals and medical centers.
(l) Drive-throughs.
In the C-4 zone, the set of bulk standards for development is outlined in Zoning Ordinance,
Article 4 Section 4.15 including setbacks, parking, height, FAR (Floor area ratio), lot coverage,
etc. These regulations define the buildable area and the placement of the building.
SWPOZ (Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area)
The purpose of the Source Water Protection Overlay Zone (Zoning Ordinance, Article 3 §29) is
to provide a safe drinking water supply and to ensure that groundwater is adequately protected
and maintained. This site is subject to the Tier 3: Excellent Recharge Area. The Zoning
Ordinance, Article 3 Section 29 lists a series of uses are prohibited throughout the SWPOZ,
including in the excellent recharge area. The restaurant with drive-through use that this project
proposes is not a prohibited use. SWPOZ: Tier 3 Lands are additionally subject to specific rules
regarding impervious coverage if the redevelopment is subject to Planning Commission review.
The maximum coverage within Tier 3 Lands is typically 30% or 60% if infiltration is used in the
development’s stormwater management with accommodations for redevelopment activities.
Sign Regulations
The Zoning Ordinance, Article 5 Section 4 – Supplementary sign regulations outlines the
provision for the placement of signs. See the purpose statement in the code excerpt below.
Article 5 Section 4
4.1 Purpose statement. The purpose of this section is to create a legal framework for a
comprehensive and balanced system of signs and other street graphics to facilitate an
easy and pleasant communication between people and their environment. The ordinance
from which this section is derived is enacted to avoid the visual clutter that is potentially
harmful to vehicular and pedestrian safety, property values, business environment and
opportunities, and community appearance. With these purposes in mind, it is the intent of
this section to authorize the use of signs which are compatible with their surroundings,
appropriate to the activity that displays them, expressive of the identity of individual
activities and the community as a whole, and legible in the circumstances in which they are
seen, understanding that it is important for the economic vitality of the community as well
as individual businesses and institutions that they are clearly identified and their services
are understood by the traveling public.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 4 of 10
The section further outlines the design requirements for different types of signs. Under
consideration in this Application is a variance request for the number of wall signs. See the code
excerpt on the design requirements for wall signs.
Article 5 Section 4.4 Design requirements.
C. Wall sign placement.
1. When wall signs are planned, such signs shall be designed as an integral component
of the building facade architectural composition.
2. Wall signs shall be limited in area and number in accordance with the provisions of
subsection 4.7—Permitted signs, of this section.
3. Wall signs shall be situated so as not to cover or overlap decorative architectural
elements such as cornices, belt courses, and window and doorframe moldings.
4. In cases where only one wall sign is permitted because the lot has one frontage, the
business may choose to locate the sign on any exterior wall of the building to afford the
best possible visibility for the traveling public.
5. In cases where more than one wall sign is permitted, the city planner or their authorized
designee may allow the business to locate the additional wall sign on a different exterior
wall of the building to afford the best possible visibility for the traveling public.
The Zoning Ordinance, Article 5 §4.7 is a table of permitted signs (Sign Table) for properties
based on the specific use, road type, and sign type. This property is a non-residential use in
nonresidential district and it has frontage on an urban principal arterial See code excerpt below;
the wall sign requirement is highlighted (the subject of this variance request).
Article 5 Section 4.7 Permitted signs. Signs are permitted in all zones in accordance with
the following table, which is a list of permitted sign types by use, proximity to residential
uses and road classification.
Use Permitted Signs
Sign Type Number Max. Max. Percentage Setback Exclusion
Permitted Size Height of Total (R.O.W.) Zone
Wall Area
Road
Specific Type
Urban Wall 2/frontage No N/A ≤ 15% N/A N/A
Principal max
Arterial
Monument 1/entrance 100 10 feet N/A 10 feet 20 feet
or Post and S.F.
Nonresidential Uses in
Panel
Nonresidential Uses
Pylon OR * 1/frontage 100 30 feet N/A 15 feet 50 feet
S.F.
Nonresidential Districts Pylon* 1/frontage 150 30 feet N/A 31 feet 50 feet
S.F.
*Denotes that an additional wall sign may be permitted/added in lieu of a freestanding pylon sign.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 5 of 10
Additionally, the following definitions are part of sign regulations of the Zoning Ordinance:
Frontage: For the purposes of this section, the term "frontage" refers to a parcel's property
line along a right-of-way, be it public or private, excluding alleys and service drives that are
abutting residential properties. The parcel must be directly adjacent to the right-of-way for
it to be considered to have frontage.
Sign: Any device visible from a public place whose essential purpose and design is to
convey either commercial or noncommercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations.
Urban principal arterial: US Route 13, Bay Road, and Court Street between 13 and Bay
Road are considered to be urban principal arterials under the provisions of this ordinance.
Delaware State Route 1 is not considered to be a road that will provide frontage for any
parcel.
Wall area: For purposes of calculating wall area, the calculations shall include the height of
the wall from ground level to the roofline (mansard roofs also count as wall area),
multiplied by the width of the wall (including all architectural features).
Wall sign: Any sign, other than a projecting sign, which is attached to or painted on any
wall of any building and projects from the plane of the wall less than 18 inches. A sign
attached to the lower slope or face of a mansard roof, canopy, or awning shall be
considered a wall sign for purposes of this ordinance. For purposes of this section only, a
"wall" shall include any permanent architectural extension of a wall, including parapets,
even if such extension projects beyond or above the enclosed portions of the building.
Canopy, marquee, and awning signs are all types of wall signs. (See figure 5-8).
Figure 5-8: Wall Sign
Applicant’s Proposed Project and Variances Requested
The Applicant has submitted a Site Map Plan Sheet (Exhibit E). This plan/drawing depicts the
proposed new restaurant building and the location of the five Wall Signs identified as A1, A2,
A3, A4, and D. Exhibit F are the Cut Sheets depicted the format and sizes of the wall signs. The
restaurant building project proposes other signage including refacing the pylon sign, signage
internal to the site for the drive-through menu boards, open sign, window signs, etc. The
Applicant has requested a Variance from the requirements of Zoning Ordinance, Article 5 §4.7
associated with the wall signage for a new restaurant building with drive-through and site
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 6 of 10
improvements. The Variance Request seeks to increase the number of permitted wall signs from
two (2) wall signs to five (5) wall signs. One wall sign is proposed on each of the building’s
elevations and with an additional wall sign on the south elevation near the drive-through pick-up
window.
Exceptional Practical Difficulties Tests
Zoning Ordinance, Article 9 §2 dictates the specific powers and duties of the Board of
Adjustment with regard to granting variances. Specifically, the Board must determine:
2.1 Variance – The board shall have the authority to authorize variances from provisions of the
Zoning Ordinance that are not contrary to public interest where the board determines that a literal
interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical
difficulties to the applicant. In granting variances, the board shall determine that the spirit of the
Zoning Ordinance is observed and substantial justice is done.
2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk
standards, signage regulations, and other provisions of the Zoning Ordinance that address lot
layout, buffers, and dimensions. In considering a request for an area variance, the board shall
evaluate the following criteria and document them in their findings of fact:
(a) the nature of the zone in which the property lies;
(b) the character of the immediate vicinity and the contained uses therein;
(c) whether, if the restriction upon the applicant’s property were removed, such removal
would seriously affect neighboring properties and uses; and
(d) whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make normal
improvements in the character of that use of the property that is a permitted use under
the provisions of the Zoning Ordinance.
Review of Application
As part of the Application, the applicant was asked to summarize how the requested Variance
relates to the above criteria. The applicant’s response (Exhibit D) along with a Staff assessment
of the application in accordance with the required criteria is provided below.
1. The nature of the zone in which the property lies.
Applicant Response: Parcel is zoned C-4, Highway Commercial, which permits the
proposed use, a Restaurant and Drive Through as a by right use.
Staff Response:
The subject property is zoned C-4 (Highway Commercial Zone). The C-4 zoning district
is a commercial zoning district that allows for a variety of retail stores, restaurants, offices,
and service establishments among other uses. The proposed use as a restaurant and drive-
through are permitted uses. The C-4 zone has bulk standards related to setbacks for
placement of buildings on a parcel. The property is also subject to the SWPOZ (Source
Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area) which has provisions
related to prohibition of certain uses and limitations on impervious surface coverage to
protect water resources. Sign regulations are not related to the zoning district but instead
based on use, road classification, and frontage.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 7 of 10
2. The character of the immediate vicinity and the contained uses therein.
Applicant Response: There is currently a Grotto’s Restaurant to the west and a Chipotle
and Vitamin Shoppe to the east of the site. Located to the rear is the Dover Downs Casino
and along our frontage is Rt. 13 (DuPont Hwy), a commercial highway which runs through
Dover. In addition, the site currently contains a former Boston Market restaurant which is
now closed and vacant as a result of the Company’s bankruptcy.
Staff Response:
The subject property at 1151 N. DuPont Highway current includes a vacant restaurant
building which is proposed for redevelopment with construction of a new restaurant
building with drive-through. It is located along a major commercial corridor (DuPont
Highway), a road type of urban principal arterial in the sign regulations. The adjoining
parcels include a restaurant (Grotto’s) and a multi-tenant building with retail stores and a
restaurant. To the east are the properties of Bally’s Hotel and Casino and the Dover
Motor Speedway. To the west, across DuPont Highway, is the main campus of Delaware
State University.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Response: The property is located along Rt. 13, a busy commercial highway,
with other similar uses adjoining it and located in the vicinity. The request to add three
additional walls signs on the proposed building on this side will not negatively impact the
adjoining properties which are also commercial uses.
Staff Response:
Planning Staff notes that the variance is to add additional wall signs to the new building
walls thus the signs will be attached to the building itself. This request does not increase
the number of freestanding signs for the restaurant; it would be eligible to have one
freestanding sign (a pylon) which is similar to its neighbors. With the increase from two
(2) to five (5) wall signs, this assists the potential customer in identifying the restaurant’s
location and entry doors as the site would have parking on two sides of the building. The
wall signs would be viewable from different approaches to the building to clearly identify
its use as a restaurant, but at no location would you be able to view all five signs at once.
This property has a shared entrance from North DuPont with another restaurant use. It
also has a second approach via a circulation drive along its eastern property line. These
wall signs would help guide the customer to the parking areas and drive-through lanes for
this restaurant rather than parking on neighboring properties. Therefore, the requested
Variance should not impact the use of neighboring lands.
4. Whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make
normal improvements in the character of that use of the property that is a permitted
use under the provisions of the Zoning Ordinance.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 8 of 10
Applicant Response: The proposed restaurant and drive through are an entirely new type of fast
food restaurant for the Dover market. As such signage is extremely important for advertising the
use to those who are not familiar with the Raising Cane’s brand. Signage is also particularly
important along a commercial highway serving a number of other retail and restaurant uses with
limited time to “catch one’s eye” as they drive along the highway. In addition, the site served as a
Boston Market restaurant for a number of years, so it is imperative to get the word out that the prior
use is no longer at this location and has been replaced with a new use.
Staff Response:
The existing format of the property’s circulation drive areas and location of the existing
entrance (from DuPont Highway and to Bally’s Entrance drive) affects the proposed site
design layout of building and parking locations. The resulting building placement will
create a building with no true rear elevation. The north and east elevations of the building
face key parking areas from which building access is gained. The west elevation is the
front façade that faces the public street corridor of North DuPont Highway, but it does
not include the typical front entry point due to the positioning of the building to gain
longer dual-lane drive-through lanes on this property. Four of the wall signs are similar in
style and look to present the restaurant name to customers approaching the
property/building. The fifth wall sign is to be placed on the wall along the drive-through
lane at a height more visible to the drive-through customer in their vehicle and is
formatted more like a painted mural (but must be considered a sign by definition). The
covered drive-through lanes at the point of ordering and food pick-up are commonplace
with fast-food restaurants with such operations. Multiple signs are needed to guide the
potential customer (pedestrian or by vehicle) to the correct location. The Planning Staff
Planning Staff finds that an exceptional practical difficulty may be determined to be
present.
Variance Recommendations
Staff recommends approval of the Variance to allow up to five (5) wall signs for this restaurant
with drive-through. Planning Staff finds that the Applicant has strived to demonstrate an
exceptional practical difficulty; they would incur by not having this Variance granted.
Staff recommends approval of the variance for reasons as follows:
• The Zoning Ordinance permits the development of restaurants and drive-throughs in
the C-4 zoning district; however, signage is based on uses, road type, and sign type.
• The Zoning Ordinance establishes in the sign regulations other design requirements
for the placement of wall signs and sizing parameters, i.e. limiting wall sign in size to
15% of the total wall area (height x width of wall). The business can choose which
exterior wall to place a sign for its best visibility.
• The increase in the number of wall signs will serve to identify the restaurant location
along the road corridor and the location of key entry points into the building.
• For this redevelopment project of a new building and site improvements, a Site
Development Plan application will be required subject to the provisions of the Zoning
Ordinance. In addition to Building Permits for the restaurant’s construction, a
separate Sign Permit is required.
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 9 of 10
Advisory Comments to the Applicant
• If granted, the variance becomes null and void if work has not commenced within one (1)
year of the date the variance was granted. At present there is no provision for extension.
• If the requested variance is granted, the Applicant must still obtain the appropriate Site
Development Plan and construction activity Permits approvals for construction of a Building
on the property. An Administrative Site Plan is currently under review for this project.
• The placement of signs at the property and building is subject to the provisions of the Zoning
Ordinance, Article 5 §4. A Sign Permit application is required to be submitted for review. It
is noted that there are certain types of signage that do not require a Sign Permit for their
placement. Continue consultation with the Planning Office to classify all signage proposed
for the project.
• The Applicant should be aware that whenever the Board of Adjustment denies an application
for a variance, such application for a variance, or an application on the same property, which
is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment
sooner than one year from the date of denial (Zoning Ordinance, Article 9 §3.8).
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V-24-05 Property at 1151 N. DuPont Highway, Dover DE: Variance for Signage Item 3.
Board of Adjustment Report
Page 10 of 10
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A BOA Application Form 1
B Zoning Map Exhibit (Staff) 1
C Planning & Inspections View Map – Aerial Map 1
Exhibit (Staff)
D Applicant’s Written Responses: Narrative 1
E Site Map: Wall Signs Sheet (Dated 6/04/2024) 1
showing locations of Wall Signs A1, A2, A3, A4,
and D
F1 Cut Sheets for W5-8ft (Sign A) and PMRL (0915) 2
F2 Painted City Art Mural (Sign D) dated
6/04/2024
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Planning & Inspections View Map Item 3.
8/8/2024, 7:37:15 AM 1:2,257
0 0.02 0.04 0.08 mi
Dover_Boundary
0 0.03 0.07 0.13 km
Parcels Outside Dover
Dover Parcels Maxar, Microsoft
20
City of Dover, Delaware - Planning Department
USDA Agricultural Stabilization and Conservation Service | EarthData/PhotoScience Inc. | State of Delaware Department of Transportation and EarthData | EarthData International of Maryland | Sanborn Mapping Company | Digital Aerial Solutions, LLC | Surdex Corp | DelDOT | Maxar |
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Item 4.
City of Dover
Board of Adjustment
November 20, 2024
V-24-06
Title: Property at 207 N. West Street- Application for a Variance
Location: Northeast corner of N. West Street and Cecil Street
Address: 207 N. West Street, Dover, DE
Owner: 4BL, LLC
Tax Parcel: ED-05-076.08-02-01.00-000
Application Date: October 17, 2024
Present Zoning: RG-1 (General Residence Zone)
Present Use: Vacant Lot (previous residential dwelling demolished)
Proposed Use: Subdivision into four (4) lots for townhouse units (Cecil Street
Townhouses)
Reviewed By: Dawn Melson-Williams, AICP, Principal Planner
Variance Type: Area Variance
Variances Requested: Request has been made for a Variances from the requirements of
Zoning Ordinance, Article 4 §4.2 for a proposal to subdivide into
four (4) townhouse lots. Variance Request 1 seeks a reduction of
the minimum lot depth to 84.5 feet from 100 feet. And Variance
Request 2 seeks to allow a minimum lot area of 2,366 SF reduced
from the required minimum lot area of 3,000 SF for two (2) of the
townhouse lots.
Project Description
The property at 207 N. West Street is located at the northeast corner of N. West Street and Cecil
Street making it a corner lot. The east side of the property is bounded by an alley. Originally the
property included a two-story dwelling that faced N. West Street with a curb cut off Cecil Street
for access to a rear driveway and a garage structure in the rear near the alley. The dwelling was
demolished (by the City) after it was declared a Dangerous Building by City Council due to its
condition.
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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The parcel is approximately 84.50 feet in width and 144 feet in depth when looking at the
previous positioning of the dwelling fronting on N. West Street. The new owner has presented a
concept to redevelop the property and subdivide it into four (4) lots fronting on Cecil Street as
townhouse units. A Conceptual Plan sheet shows the proposed subdivision proposal (See Exhibit
F). Also included is a rendering of the proposed two-story townhouse units; see Exhibit G.
The Applicant has requested a Variance from the requirements of Zoning Ordinance, Article 4
§4.2 for a proposal to subdivide into four (4) townhouse lots. Variance Request 1 seeks a
reduction of the minimum lot depth to 84.5 feet from 100 feet. And Variance Request 2 seeks to
allow a minimum lot area of 2,366 SF reduced from the required minimum lot area of 3,000 SF
for two (2) of the townhouse lots.
The subdivision of the existing parcel into four (4) lots would be subject to a separate
Conditional Use Plan/Minor Subdivision Plan review process by application to the Planning
Commission.
Property and Adjacent Properties: Zoning and Land Use
The 12,168 SF (0.279 acre) +/- property is zoned RG-1 (General Residence Zone). Generally, the
area to east of North West Street is residential with several places of worship, small
neighborhood commercial establishments, and a park. The area to the west of North West Street
between the street and the railroad corridor is more industrial in nature. The adjoining parcels to
the north and east (across the alley) are also residential in use and zoned RG-1. Across N. West
Street to the west is zoned M (Manufacturing Zone). To the southwest is a parcel zoned M
(Manufacturing Zone) and the Rail Haus property zoned C-2A (Limited Central Commercial
Zone). To the south across Cecil Street, is a block zoned RG-1 (General Residence Zone)
consisting of several places of worship and additional residences.
A Map Exhibit (Exhibit B) prepared by Staff is attached to this Report. It shows the subject
property’s location and the surrounding zoning. Map Exhibit C shows an aerial view of the area.
Code Citations
RG-1 (General Residence Zone)
The subject project area is zoned RG-1 (General Residence Zone). Zoning Ordinance, Article 3
Section 2 lists the permitted uses, conditional uses, and other provisions of the RG-1 zone. For
the proposed redevelopment and subdivision of the property for townhouse units would require a
Conditional Use Application with Subdivision Plan. See the following excerpt of the permitted
uses in the RG-1 zone.
Article 3 Section 2. General residence zones (RG-1 and RG-2).
2.1 Uses permitted. In a general residence zone, no building or premises shall be used, and no building or
part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in
part, for any purpose, except the following:
2.11 Any use permitted in one-family residence zones.
2.12 Garden apartments limited to placement within the RG-2 district only.
2.2 Performance standards. All uses are subject to performance standards as set forth in article 5, section
8.1.
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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2.3 Site development plan approval. Site development plan approval in accordance with article 10, section 2
hereof shall be required prior to the issuance of building permits for the erection or enlargement of all
structures and related accessory structures. Such approval shall also be required prior to the issuance
of certificates of occupancy for a change of use.
2.4 Conditional uses. The following uses are permitted, conditional upon the approval of the planning
commission in accordance with the procedures and subject to the general conditions set forth in article
10, section 1:
(a) Townhouses subject to the following restrictions:
i. No more than one dwelling unit shall be permitted upon a lot.
ii. No more than four dwelling units shall be permitted in a group of townhouses.
iii. Each group of townhouses shall be physically separated from another by no less than two
dwelling units of a different housing type from other groups of townhouses on the same
side of the street.
iv. Townhouse groups shall be designed to minimize points of access to the public street and
to take access from an alley or other shared access where such access is available.
(b) Duplex dwellings subject to the following restrictions:
i. No more than one dwelling unit shall be permitted upon a lot
ii. Duplex dwellings shall be designed to minimize points of access to the public street and to
take access from an alley or other shared access where such access is available.
(c) Bed and breakfast inns in the RG-1 district only, subject to the following:
i. A bed and breakfast inn may only be established within a primary residential structure or
an associated accessory structure.
ii. The owner of the property shall reside on the premises of the bed and breakfast inn or in
an adjacent premises. However, if ownership of the property is in the name of a
corporation, partnership, trust, etc., a full-time resident manager/operator/inn-keeper
shall reside in the principal structure on the subject property or adjacent property.
iii. The principal structure shall contain at least one full bathroom for the exclusive use of the
owner or resident manager and other members of the immediate household. In addition,
one full bathroom shall be provided for each two guestrooms. Each full bathroom shall
contain a minimum of one water closet (toilet), one lavatory (sink) and one bathtub or
shower stall and shall comply with all applicable building and plumbing codes.
iv. The number of guestrooms requested shall be set forth in the application for conditional
use. The planning commission shall expressly establish the maximum number of
guestrooms permitted for any application for which approval is granted. In no case shall a
bed and breakfast inn contain more than ten guestrooms.
v. Off-street parking shall be provided at a minimum of two spaces, plus one space per
guestroom. Off-street parking shall be prohibited in the front yard, except that such
parking which may be customarily accommodated on a single width driveway may be
permitted. Required parking may be provided on the premises or off the premises,
provided that such off-premises parking is located within 150 feet walking distance of the
bed and breakfast property.
vi. Lot coverage for a bed and breakfast inn shall not exceed 60 percent of the lot.
vii. Signage is limited to one sign not to exceed six square feet in area. Signs may be
illuminated, provided that internally illuminated signs shall be prohibited.
viii. Meals may be served to residents and overnight guests only. No cooking appliances or
kitchenettes shall be permitted within the guestrooms, except small refrigerators and
microwave ovens.
ix. The stay of overnight guests shall be limited to 30 consecutive days.
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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x. The owner/operator of a bed and breakfast inn shall maintain a current City of Dover
business license, and the establishment shall be inspected by the City of Dover Fire Marshal
and the City of Dover Health Inspector for compliance with all applicable life safety and
health and sanitation codes.
(d) Student homes subject to the following siting and bulk criteria:
i. No student home shall be located closer than 500 feet from any other student home.
ii. The maximum allowable occupancy shall be four persons or the occupancy limit as
determined by the building and fire codes adopted by the City of Dover, whichever is less.
iii. Two off-street parking spaces shall be provided per dwelling unit.
iv. A student home shall not be permitted to be established within any semi-detached
dwelling, duplex dwelling, group dwelling, or townhouse dwelling unit.
v. Buildings or groups of buildings on the same lot with 15 or more units on the lot shall not
be subject to the student home regulations.
vi. Student homes shall be licensed under chapter 10, Housing Code [chapter 22, Buildings and
Building Regulations], article V [X], Rental Dwellings, of the Code of Ordinances.
vii. Student homes shall be subject to the provisions of chapter 10, Housing Code [chapter 22,
Buildings and Building Regulations], article III [VIII], Leases, of the Code of Ordinances.
(e) Multiple dwellings limited to placement in the RG-2 district only.
(f) Professional offices may be permitted on Governors Avenue between Water Street and Mary
Street, and on Route 8, subject to the following restrictions:
i. The office operations shall be conducted in such a manner as to maintain the residential
character of the surrounding neighborhood, and no changes or improvements shall be
made to the premises which might preclude utilization of the premises for residential
purposes in the future.
ii. There shall be no other professional office located in the same zoning district within 250
feet of the premises.
iii. No display of products or goods shall be visible from the street.
iv. There shall be no exterior effects such as noise, traffic, odor, dust, smoke, gas, fumes,
radiation, or electromagnetic interference.
v. A minimum of two off-street parking spaces shall be required.
vi. No more than four off-street parking spaces shall be permitted. Furthermore, all off-street
spaces shall be visually screened from adjacent residential uses, to the greatest extent
possible, by employing a landscape screen no less than six and one-half feet high, which
landscape screen shall be properly maintained throughout the duration of the professional
office use on the subject premises.
vii. Signage shall be limited to one sign, not to exceed six square feet in area. No sign may be
illuminated.
viii. The hours of operation shall not commence prior to 6:00 a.m. and shall cease no later than
8:00 p.m., with no more than four employees engaged in the operations upon the premises
at any given time.
ix. The planning commission shall have the authority to impose such additional conditions and
restrictions as may be necessary or appropriate to protect the general health, safety, and
welfare of the residents of surrounding properties.
(g) In order to stimulate limited commercial activity in the RG-1 and RG-2 zones within the city's
historic district zone and/or where a historic district property or a property listed on the National
Register of Historic Places exists, and to make this area of historic Dover more attractive to
tourists and residents, antique shops, art galleries, gift and card shops, book stores, specialty
hobby stores, and restaurants with no alcoholic beverages may be permitted as accessory uses
incidental to the principal residence, subject to the conditional use approval of the planning
commission in accordance with Article 10—Planning Commission, Section 1—Approval of
conditional uses, and subject to the following:
i. Total floor area of any nonresidential accessory use shall not exceed 2,000 square feet.
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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ii. A minimum of two off-street parking spaces shall be required to serve the residence and
the accessory use.
iii. Signage for the accessory use is limited to one sign not to exceed six square feet in area.
Signs may be illuminated, provided that internally illuminated signs shall be prohibited.
(h) Off-street parking.
In the RG-1 zone, there is a set of bulk standards for development outlined in Zoning Ordinance,
Article 4 Section 4.2. It sets the lot depth for townhouse units at 100 feet and the minimum lot
area at 3,000 SF. See code excerpt below; the lot depth and lot area requirements are highlighted
(the subject of these variance requests).
Article 4 Section 4.2. [RG-1 zones].
Bulk and parking regulations for general residence zone (RG-1) are as follows (see also article 12, definitions;
article 5, supplementary regulations; and article 6, off-street parking, driveways and loading facilities):
One-Family Duplex/One-Family Townhouses/One-
Dwellings Detached Semi-Detached and Family Attached
Other Dwellings
Minimum required:
Lot area (sq. ft.) 6,000 5,000 3,000
Lot width (ft.) per dwelling unit 50 25 20
Lot depth (ft.) 100 100 100
Front yard (ft.) 15 15 15
Minimum side yard (ft.) 5 10 10
Rear yard (ft.) 30 30 30
Off-street parking spaces/DU 1 1 1
Maximum permitted:
Building height
Stories 2½ 2½ 3
Feet 35 35 35
Lot coverage 45% 50% 60%
(Ord. of 12-14-1992; Ord. No. 2015-13, 10-12-2015)
Additionally, the following definitions are part of the Zoning Ordinance:
Dwelling, attached: A dwelling having one or more walls in common with another dwelling.
Dwelling, one-family: A permanent dwelling unit placed on a permanent foundation and
designed and intended for use by only one family. One-family dwellings shall not include
manufactured homes or mobile homes but shall include modular homes constructed to the
standards of the Dover Code of Ordinances, Chapter 22—Buildings and Building
Regulations.
Lot depth: The minimum distance from the street line of a lot to the rear lot line of each lot.
Lot width: The distance between the side lot lines of a lot or between the side lot line and
the street line most nearly parallel to the side lot line for a corner lot, measured at the
street line and setback line. For odd-shaped or triangular-shaped lots or lots fronting on
cul-de-sac streets, the lot width measured at the street line may be reduced to not less
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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than one-half of the minimum lot width required for the zoning district. If the street line is a
curved line, the lot width measurement shall be measured along the arch of the curved
line.
Street: A street shown on the official map of the City of Dover and improved to the
satisfaction of the planning commission.
Street line: The dividing line between a lot and a street.
Townhouse: A one-family, attached dwelling unit, with one dwelling unit from [the] ground
to roof, having individual outside access.
Applicant’s Proposed Project and Variances Requested
The Applicant has submitted a Plan Sheet (Exhibit F). This plan/drawing depicts the proposed
series of lots for the four townhouse units and lists the minimum (code required) and proposed
bulk standards in the RG-1 zone. The dimensions and lot area are given for each lot (Lots 1-4).
The placement of each dwelling unit and associated driveways and sidewalks is also shown. The
Applicant has requested Variances from the requirements of Zoning Ordinance, Article 4 §4.2
for proposal to subdivide into four (4) townhouse lots. Variance Request 1 seeks a reduction of
the minimum lot depth to 84.5 feet from 100 feet. And Variance Request 2 seeks to allow a
minimum lot area of 2,366 SF reduced from the required minimum lot area of 3,000 SF for two
(2) of the townhouse lots.
The Applicant described the project as follows:
Project Background Information: The project is located at the corner of North West
Street and Cecil Street within Dover city limits. The existing site of 12,168 square feet
previously contained a single-family home with a detached shed and a large concrete
parking area. The prior occupant passed away, the home fell into disrepair, and it was
recently demolished by the City of Dover.
The proposed re-development of the site entails division into 4 lots.1,70 +/- square foot,
two story townhouses with one car garages will be constructed. The intent is to create
homes for young families that are within their financial reach.
Exceptional Practical Difficulties Tests
Zoning Ordinance, Article 9 §2 dictates the specific powers and duties of the Board of
Adjustment with regard to granting variances. Specifically, the Board must determine:
2.1 Variance – The board shall have the authority to authorize variances from provisions of the
Zoning Ordinance that are not contrary to public interest where the board determines that a literal
interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical
difficulties to the applicant. In granting variances, the board shall determine that the spirit of the
Zoning Ordinance is observed and substantial justice is done.
2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk
standards, signage regulations, and other provisions of the Zoning Ordinance that address lot
layout, buffers, and dimensions. In considering a request for an area variance, the board shall
evaluate the following criteria and document them in their findings of fact:
(a) the nature of the zone in which the property lies;
(b) the character of the immediate vicinity and the contained uses therein;
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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(c) whether, if the restriction upon the applicant’s property were removed, such removal
would seriously affect neighboring properties and uses; and
(d) whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make normal
improvements in the character of that use of the property that is a permitted use under
the provisions of the Zoning Ordinance.
Review of Application
As part of the Application, the applicant was asked to summarize how the requested Variance
relates to the above criteria. The applicant’s responses (Exhibit D and Exhibit E) are provided in
Exhibit D and listed below. More detailed statements are found in Exhibit E: Letter of November
8, 2024. Also listed is the Staff assessment of the application in accordance with the required
criteria provided below.
1. The nature of the zone in which the property lies.
Applicant Response: The parcel is currently zoned RG-1 (General Residence Zone).
The proposed use of townhouses is permitted as a conditional use.
Staff Response:
The subject property is zoned RG-1 (General Residence Zone). The RG-1 zoning district
is a residential zoning district that allows for single family detached dwellings and other
residential uses (duplexes, townhouses) and commercial type uses as conditional uses. The
proposed use as a series of townhouse lots would be a conditional use. The RG-1 zone has
bulk standards related to lot size and format and setbacks for placement of buildings on a
parcel/lot.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Response: The project lies on the fringe of Residential (RG-1) Zoning District
to the east of North West Street, and Industrial/Manufacturing (M) to the west. The Senator
Bikeway passes North/South on West Street. Immediately to the south is Mt. Carmel
Church of the Living God. To the southwest is the Rail Haus Beer Garden and the former
recycling center (now parking for the Rail Haus). To the west is Teal Construction’s
warehouse and equipment yard. To the north and east are single family residences in
varying states of repair, generally trending toward improvement.
Staff Response:
The subject property at 207 N. West Street is a vacant lot after the previous dwelling and
accessory structure were demolished. It is a corner lot fronting on two streets. The overall
block is residential consisting of single family detached dwellings. Generally, the area to
east of North West Street is residential with several places of worship, small
neighborhood commercial establishments, and a park. The area to the west of North West
Street between the street and the railroad corridor is more industrial in nature. The
adjoining parcels to the north and east (across the alley) are also residential in use
consisting of single family detached dwellings and zoned RG-1. Across N. West Street to
the west is zoned M (Manufacturing Zone). To the southwest is a parcel zoned M
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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(Manufacturing Zone) and the Rail Haus property zoned C-2A (Limited Central
Commercial Zone). To the south across Cecil Street, is a block zoned RG-1 (General
Residence Zone) consisting of several places of worship and additional residences.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Response: Allowing the 2 requested variances would not affect the use of
neighboring properties. The new townhouses will be two-story units consistent with the
height of existing residences. Sixteen of the properties to the north and east do not meet
bulk standards for lot width and/or lot area as they pre-date the standards. The average
lot area of the proposed lots exceeds the minimum lot area of the RG-1 District; therefore,
a slightly “non-conforming” arrangement will not be out of character for the neighborhood.
Granting of the variance will allow for four tasteful, well-constructed, affordable homes in
an area that was recently dominated by vacant properties.
Staff Response:
Planning Staff notes that the existing parcel is larger when compared to surrounding
parcels in the same block. With the reorientation of the lots to front on Cecil Street
provides an opportunity for the parcel to be subdivided into a series of lots that would be
more comparable in size to surrounding residential parcels. While most of the residential
parcels front on the north/south streets such a N. West Street, North Kirkwood Street, etc.
there are example of parcels fronting on and positioning the house to face the east/west
street or short ends of the block. This lot configuration will result in the rear yards
backing up to the side yard of the adjoining parcel to the north. This configuration and
house position does exist on the north end of this block. The other nearby properties are
separated from the subject parcel by the streets or the alley and therefore have a limited
impact on those nearby properties. Therefore, the requested Variance should not impact
the use of neighboring lands.
4. Whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make
normal improvements in the character of that use of the property that is a permitted
use under the provisions of the Zoning Ordinance.
Applicant Response: A lot of this size is somewhat out of character in relation to the
neighboring homes. To justify the cost of the parcel after the demolition and fines were
absorbed, a very large single-family home would need to be constructed to make the
project viable. A large single-family home would be very imposing, and frankly, not
marketable.
Per Chapter 11 of the Dover 2019 Comprehensive Plan-
Housing and Community Development
Goal 1: Encourage Balanced Housing Oppor tunities for all
Residents of the City
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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Promote adequate, safe, and affordable housing for all residents in the City.
Recommendation 1: Encourage the Use of Mixed Housing Types
• Evaluate the provisions of the Planned Neighborhood Design and the Senior
Citizen Housing Option for residential development.
• Continue to encourage compact and diverse residential development throughout
the City.
• Re-evaluate all residential zones development requirements and housing types in
the City.
• Evaluate and update Codes to encourage compact and diverse development
throughout the City.
• Amend the provisions in the Zoning Ordinance for the definition of “family” to
remove undue restrictions for members of protected classes.
Recommendation 2: Explore the Feasibility of Allowing Alternative Housing Units
Options
• Develop zoning provisions to allow an accessory dwelling unit within one family
residence zones for the use of family members.
• Develop zoning provisions for alternative housing options including group
housing and transitional housing.
Recommendation 3: Encourage the Development of Affordable Housing
• Work with housing providers and developers to construct affordable rental
housing options throughout the City including assessible housing for persons with
disabilities.
• Work with housing providers to provide affordable housing to low income
residents.
• Continue to work with housing providers to end homelessness and increase the
number of permanent supportive housing for the homeless.
Recommendation 4: Promote Residential Development within the City
• Encourage mixed use of existing and new buildings.
• Encourage “in-fill” residential development.
• Encourage housing in the Downtown and other areas that are near transit and multi-
modal routes, retail areas, employment and essential services.
The economics of providing affordable homes to working class families drives the need to
divide the parcel. While a duplex configuration could be utilized, the opportunity to serve
four families instead of two shouldn’t be overlooked. The cost of building materials,
mortgage rates, and groceries are taking the opportunity of home ownership off the table
for Delawareans. Dividing the costs of the development, infrastructure, management and
construction of the project by four will allow the homes to meet a price point that is
reachable to young families.
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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Staff Response:
The Planning Staff notes that the size of this parcel presents an opportunity for
subdivision into multiple lots and the RG-1 (General Residence Zone) allows for the
development of the duplexes and townhouses through a Conditional Use review process.
When creating new lots, the lots must comply with the bulk standards provisions. While
it may be possible to create a series of lots for a set of duplex units or three townhouse
units with the houses facing N. West Street, complete compliance with the setbacks,
especially as related to a corner lot (two front yards) may be difficult and would likely
result in narrow-width dwelling units and narrow backyard areas. The reorientation of the
lots to face onto Cecil Street creates a more reasonable shaped lot for buildable areas and
accommodation of off-street parking. The development of four dwelling units as
townhouses offers a variety of housing types as infill development in this neighborhood.
If these lots were already existing (created prior to 2007), the Zoning Ordinance includes
provisions for administrative waivers of the bulk standards. Planning Staff finds that an
exceptional practical difficulty may be determined to be present.
Variance Recommendations
Staff recommends approval of the Variances that would allow for a proposal to subdivide the
parcel into four (4) townhouse lots to be considered. Variance Request 1 would allow a reduction
of the minimum lot depth to 84.5 feet from 100 feet. And Variance Request 2 would allow a
minimum lot area of 2,366 SF reduced from the required minimum lot area of 3,000 SF for the
two (2) townhouse lots in the middle. The Planning Staff finds that the Applicant has strived to
demonstrate an exceptional practical difficulty; they would incur by not having this Variance
granted.
Staff recommends approval of the variance for reasons as follows:
• The Zoning Ordinance permits the development of several housing unit types (single
family detached, duplexes, and townhouses) in the RG-1 zone.
• The reorientation of the lots to face onto Cecil Street creates a more reasonable
shaped lot for buildable areas and accommodation of off-street parking.
• These changes to the bulk standards would be approved by Planning Staff to allow
residential redevelopment if the lots already existed as the RG-1 zoning district
includes provisions to address lot configurations that were platted before zoning
regulations were established.
• For this redevelopment project of townhouse units and the subdivision of land, a
Conditional Use Plan and a Minor Subdivision Plan applications will be required
subject to the provisions of the Zoning Ordinance.
Advisory Comments to the Applicant
• If granted, the variance becomes null and void if work has not commenced within one (1)
year of the date the variance was granted. At present there is no provision for extension.
• If the requested variance is granted, the Applicant must still obtain the appropriate
Conditional Use Plan/Minor Subdivision Plan and construction activity Permits approvals for
construction of any Buildings on the property. A Conditional Use Plan is required for the
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V-24-06 Property at 207 N. West Street, Dover DE Item 4.
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development of a parcel for a townhouse unit in the RG-1 Zone; this is subject to application
and review by the Planning Commission. A Subdivision Plan to divide the property into a
series of lots requires an application and review process by the Planning Commission
Contact the Planning Office to discuss steps for application submission.
• The Applicant should be aware that whenever the Board of Adjustment denies an application
for a variance, such application for a variance, or an application on the same property, which
is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment
sooner than one year from the date of denial (Zoning Ordinance, Article 9 §3.8).
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GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A BOA Application Form 1
B Zoning Map Exhibit (Staff) 1
C Planning & Inspections View Map – Aerial Map 1
Exhibit (Staff)
D Applicant’s Written Responses: Narrative 1
E Supplemental Letter dated November 8, 2024 1
from Baird Mandalas Brockstedt & Federico,
LLC (Attorney for Applicant)
F Sheet BP-1: Board of Adjustment Plan for 207 N. 1
West Street (Subdivision Plan Concept)
prepared by Larson Engineering Group, Inc.
dated 10/10/2024
G Rendering of Two-Story Townhouses (Concept) 1
provided by Applicant
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City of Dover 11
Exhibit B
Application No.: V-24-06
Item 4.
Department of Planning & Inspections
Property at 207 N West St - Application for Variances
Title:
Addresses: 207 North West Street Legend
Parcel ID: ED0S-076.08-02-01.00-000 Subject Property
Zoning: RG-1 (General Residence Zone)
Owner: 4BL, LLC
Date: 11/12/2024
2022 Building Footprints
D Zoning
D Dover Parcels
0 80 160 320 Feet
I D Kent County Parcels 34
Página 35
Planning & Inspections View Map Item 4.
11/13/2024, 12:42:24 PM 1:1,128
0 0.01 0.02 0.04 mi
Dover_Boundary
0 0.01 0.03 0.06 km
Parcels Outside Dover
Dover Parcels Maxar, Microsoft
35
City of Dover, Delaware - Planning Department
USDA Agricultural Stabilization and Conservation Service | EarthData/PhotoScience Inc. | State of Delaware Department of Transportation and EarthData | EarthData International of Maryland | Sanborn Mapping Company | Digital Aerial Solutions, LLC | Surdex Corp | DelDOT | Maxar, Microsoft |
Página 39
Item 4.
Glenn C. Mandalas, Esq.
(302) 645-2262
glenn@bmbde.com
November 8, 2024
VIA ELECTRONIC MAIL
Dover Board of Adjustment
C/O City of Dover Department of Planning and Inspections
P.O. Box 475
Dover, Delaware 19903
RE: 207 N. West Street, ED-05-076.08-02-01.00-000
Variance Request
Dear Chairperson Sheth and members of the Board of Adjustment,
I represent 4BL, LLC and Cameron Llewellyn. This correspondence is supplemental to
the Board of Adjustment application filed on October 17, 2024. As noted in the materials filed
with the application, we are seeking relief from the zoning code as follows:
Variance Request 1: A variance from the required lot depth of 100 feet (Article 4,
Section 4.2) for four townhome lots. The proposed configuration orients the new
lots/homes with a lot depth of 84.5 feet. Accordingly, a lot depth variance of 15.5
feet is needed for each of the 4 townhome lots.
Variance Request 2: A variance from the required 3,000 square feet of lot area
(Article 4, Section 4.2) to allow a minimum lot area of 2,366 square feet of lot area on
the two center townhome lots. Accordingly, a lot area variance of 634 square feet is
needed for each of the two center townhome lots.
The project is located at the corner of North West Street and Cecil Street and is in the
RG-1 (General Residence Zone). The parcel is 12,168 square feet and previously contained a
single-family home with a detached shed and a large concrete parking area. After the prior
occupant passed away, the home fell into disrepair, and it was recently demolished by the City.
The proposed re-development of the site includes subdividing it into four lots, and
constructing four two-story townhomes of approximately 1,750 +/- square feet with one car
garages. The project perfectly aligns with the City’s 2019 Comprehensive Plan and is a
thoughtful effort to create homes that are within the financial reach of young families.
Indeed, the very first goal identified in the 2019 Comprehensive Plan in the area of
Housing and Community Development is to “Encourage Balanced Housing Opportunities for all
_____________________________________________________________________________
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DOVER, DE | LEWES, DE | GEORGETOWN, DE | WILMINGTON, DE | BALTIMORE, MD| COLUMBIA, MD
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Residents of the City.”1 The Comprehensive Plan’s objectives in support of that goal include
“[p]romot[ing] adequate, safe, and affordable housing for all residents in the City,”
“[c]ontinu[ing] to encourage compact and diverse residential development throughout the City,”
“[r]e-evaluat[ing] all residential zones development requirements and housing types in the City,”
and “[e]valuat[ing] and update[ing] Codes to encourage compact and diverse development
throughout the City.”2 The proposed project is consistent with each of those objectives.
Moreover, the Comprehensive Plan encourages the development of affordable housing by
“[w]ork[ing] with housing providers to provide affordable housing to low income residents.”3
Finally, the Comprehensive Plan promotes residential development within the City by
“[e]ncourag[ing] ‘in-fill’ residential development,” and “[e]ncourag[ing] housing in the
Downtown and other areas that are near transit and multi-modal routes, retail areas, employment
and essential services.”4
Although the proposed project satisfies many of the Comprehensive Plan’s objectives and
recommendations, it will not be possible without the variances requested. The economics of
providing affordable homes to working class families drives the need to divide the parcel and
obtain the requested relief from the zoning code. Anything less than four units will necessarily
increase the individual unit cost to a price point that will not be reachable by most young
families.
Critically, as the plan submitted with our Application notes, the average lot area is 3042
square feet for all four lots—which exceeds the minimum lot area of 3000 square feet. So,
although we are requesting a lot area variance for the two interior lots, the overall parcel is larger
than what is required in the RG-1 Zoning District to satisfy the lot area requirements for four
individual lots.
I. Legal Standard
The Delaware Supreme Court has indicated that an area variance, like the ones requested
in the current application, does not involve a prohibited use, and “concerns only the practical
difficulty in using the particular property for a permitted use.”5 Unlike a use variance, an area
variance is subjected to the relatively less burdensome ‘exceptional practical difficulty’ test.”6 In
Bd. of Adjustment of New Castle Cty v. Kwik-Check Realty, Inc., the Court concluded, “[s]uch
[exceptional] practical difficulty is present where the requested dimensional change is minimal
and the harm to the applicant if the variance is denied will be greater than the probable effect on
the neighboring properties if the variance is granted.”7 When addressing an application for an
1
Dover 2019 Comprehensive Plan, at 11-16.
2
Id.
3
Id.
4
Id.
5
Bd. of Adjustment of New Castle Cty v. Kwik-Check Realty, Inc., 389 A.2d 1289, 1291 (Del. 1978).
6
Id.
7
Id.
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area variance, the Kwik-Check Court set forth four factors to be considered by a Board of
Adjustment:
[1][T]he nature of the zone in which the property lies[;] [2] the character of the
immediate vicinity and the uses contained therein[;] [3] whether, if the restriction upon
the applicant’s property were removed, such removal would seriously affect such
neighboring property and uses; [and] [4] whether, if the restriction is not removed, the
restriction would create [hardship] for the owner in relation to his efforts to make normal
improvements in the character of that use of the property which is a permitted use under
the use provisions of the ordinance.8
Additionally, the applicant for an area variance must not have created the exceptional
practical difficulty in order for it to be granted.9
One Delaware court described the Kwik-Check analysis as “…a determination as to
whether the Appellants are experiencing exceptional practical difficulty in their efforts to make
normal improvements to their property, which, in turn, is decided by weighing the interest of the
applicants against the interest of the public. The balancing of competing interests is the essence
of the Kwik-Check test.”10
The current application satisfies each of the factors enumerated in Kwik-Check and the
balancing of interests supports the granting of the relief requested.
Exceptional Practical Difficulty
Here, the exceptional practical difficulty arises from the condition that while the project
seeks compliance with the 2019 Comprehensive Plan, the reality of economic concerns coupled
with the requirements of the zoning code prohibit the type of project promoted by the 2019
Comprehensive Plan.
Further, while one could argue that the orientation of the lots and the desire to reduce lot
size are self-imposed, the Delaware Supreme Court has explained that in Delaware, there is no
per se bar against a variance for a self-imposed hardship. The question is whether the applicant
has adequately demonstrated that the applicant’s difficulty justifies the grant of a variance.11
Although aesthetic concerns is not the reason for the requested variances, it is instructive to be
aware that the Delaware Supreme Court has even affirmed the grant of an area variance driven
8
Id. (citation omitted), see also, Wawa, 929 A.2d at 831; Holowka v. New Castle County Bd. of Adjustment, 2003
WL 21001026, at *5 (Del. Super.).
9
See 9 Del. C. §6917(3)(c); Bd. of Adjustment of Sussex Cty v. Verleysen, 36 A.3d 326, 330 (Del. 2012).
10
Conway & Conway v. Zoning Bd. of Adjustment, 1998 Del. Super. LEXIS 113, at *10 (Del. Super. Ct. Feb. 20,
1998).
11
McLaughlin v. Board of Adjustment of New Castle County, 984 A.2d 1190, 1193 (Del. 2009); See also Markert v.
Board of Adjustment of the City of Rehoboth Beach, C.A. No. S22A-02-003 CAK, at *17 (Del. Super. Ct. Sept. 26,
2022).
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Item 4.
Baird Mandalas Brockstedt & Federico, LLC
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by aesthetic concerns.12 And in Boyd v. Heffron,13 the Delaware Superior Court granted a
variance were, like here, a project would not be viable due to certain fixed costs (e.g. land costs,
building equipment costs, site improvement costs) without the grant of a variance.
Here, a balancing of the owner’s interests against those of the public, in view of the 2019
Comprehensive Plan, favors the granting of the relief requested.
II. Application of the Kwik-Check Factors
In this instance, the “harm to the applicant if the variance is denied will be greater than
the probable effect on the neighboring properties if the variance is granted.”14 Each of the Kwik-
Check factors are addressed below.
(1) The nature of the zone in which the property lies
The parcel is in the RG-1 (General Residence Zone) Zoning District, where the
proposed use of townhouses is permitted as a conditional use. Consequently, this first
factor supports the granting of the variances requested.
(2) The character of the immediate vicinity and the uses contained therein
The project site is on the fringe of Residential (RG-1) Zoning District to the east
of North West Street, and Industrial/Manufacturing (M) to the west. The Senator
Bikeway passes North/South on West Street. Immediately to the south is Mt. Carmel
Church of the Living God. To the southwest is the Rail Haus Beer Garden and the
former recycling center (now parking for the Rail Haus). To the west is Teal
Construction’s warehouse and equipment yard. To the north and east are single family
residences in varying states of repair, generally trending toward improvement. The
proposed townhouse use, therefore, is an appropriate transition between the commercial
uses and the single-family homes. Thus, this factor supports the granting of the variances
requested.
(3) Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect such neighboring property and uses
Allowing the two requested variances would not affect the use of neighboring
properties. The new townhouses will be two story units, consistent with the height of the
existing residences. Sixteen of the properties to the north and east do not meet bulk
standards for lot width and/or lot area, as they pre-date the current zoning standards. The
average lot area of the proposed lots exceeds the minimum lot area of the RG-1 District;
therefore, a slightly “non-conforming” arrangement will not be out of character for the
12
Marriott Corp. v. Concord Hotel Management, a Div. of Concord Towers Inc., 578 A.2d 1097 (Del. 1990).
13
1987 WL 28314 (Del. Super. Dec. 11, 1987).
14
Kwik-Check Realty, 389 A.2d at 1291.
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neighborhood. Granting of the variance will allow for four tasteful, well-constructed,
affordable homes in an area that was recently dominated by vacant properties. This
factor supports the granting of the variances requested.
4) Whether, if the restriction is not removed, the restriction would create [hardship] for
the owner in relation to his efforts to make normal improvements in the character of
that use of the property which is a permitted use under the use provisions of the
ordinance.
The existing lot is 12,168 square feet. A lot of this size is somewhat out of
character in relation to the neighboring homes. To justify the cost of the parcel after the
demolition and fines were absorbed, a very large single-family home would need to be
constructed to make the project viable. And given the character of the neighborhood, a
large single-family home would be very imposing, likely not marketable, and would
defeat the objective of creating affordable housing. This factor supports the granting of
the variances requested.
Noted above, “[t]he balancing of competing interests is the essence of the Kwik-Check
15
test.” Balancing the interest of the applicants against the interest of the public demonstrates
that an exceptional practical difficulty exists such that the applicant should be granted the relief
requested.
***
Given that my clients have an exceptional practical difficulty, as described above, we
respectfully request that the Board grant the requested relief. Thank you for your consideration
of this request.
Sincerely,
Glenn C. Mandalas, Esquire
cc:
Mr. Nicholas Rodriguez, Esq.
Mr. Cameron Llewellen (Tidemark Construction)
Mr. Doug Liberman (Larson Engineering)
15
Conway & Conway v. Zoning Bd. of Adjustment, 1998 Del. Super. LEXIS 113, at *10 (Del. Super. Ct. Feb. 20,
1998).
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