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CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, October 19, 2016 at 9:00 AM City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of September 21, 2016 Meeting OLD BUSINESS Applicant #V-16-06 1310-1324 Forrest Avenue. Margaret H. Johnson has requested a variance from the requirements of Zoning Ordinance Article 3 §27.66 pertaining to the maximum allowed height of buildings located with the COZ-1 (Corridor Overlay Zone). Subject property is zoned C-2A (Limited Central Commercial Zone) and subject to the COZ-1. Tax Parcels are ED-05-076.10-01-01.00-000, ED-05-076.10-01-02.00- 000, ED-05-076.10-01-03.00-000, ED-05-076.10-01-04.00-000, ED-05-076.10-01-04.01-000. The owner of record is Margaret H. Johnson. At its meeting of June 15, 2016 the Board of Adjustment conducted a public hearing but deferred action. NEW BUSINESS Applicant #V-16-13 640 South Governors Avenue. William F. Holden, Sr. and Carolie C. Holden on behalf of Holden Leasing LLC has requested a variance from the requirements of Article 5 §4.7 of the Zoning Ordinance pertaining to the number of permitted wall signs for property located on an Urban Minor Arterial in order to allow the installation of a wall sign on the south side of the building. Subject property is zoned C-3 (Service Commercial Zone). Tax Parcel: ED-05-077.13-01-40.00-000. The owner of record Holden Leasing LLC. Applicant #V-16-14 277-293 N DuPont Highway. Cellco Partnership dba Verizon Wireless has applied to the Board of Adjustment for a variance from the requirements of Article 4 §4.15 of the Zoning Ordinance pertaining to maximum permitted building height in order to allow construction of a 125 foot telecommunications monopole and associated facilities. Subject property is zoned SC-2 (Community Shopping Center Zone). Tax Parcel: ED-05-068.14-01-03.01-000. The owner of record is MDR Dover, LP. ADJOURN 29 Del.C. § 10004(e)(2) THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

CITY OF DOVER BOARD OF ADJUSTMENT MINUTES September 21, 2016 A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, September 21, 2016 at 9:10 A.M. with Chairman Sheth presiding. Members present were Chairman Sheth, Mr. Hufnal, Mr. Keller and Colonel Ericson. Mr. Senato was absent. Staff members present were Mrs. Townshend, Mrs. Purnell, Mr. Diaz, Mr. Cook and City Solicitor Nick Rodriguez. APPROVAL OF AGENDA Mrs. Townshend stated that application V-16-06 could be removed from the agenda because there is no action at this point that needs to be taken by the Board. Responding to Colonel Ericson’s question whether the removal of the application was requested by the applicant. Mrs. Townshend replied that the application was deferred because the City was going to pursue an ordinance amendment. At the current time the ordinance amendment is stalled. It will remain deferred until it is resolved. Responding to Colonel Ericson’s question whether it was for the COZ zoning, Mrs. Townshend replied yes. Mr. Keller moved to approve the agenda as submitted with the continuation to defer the Old Business Item V-16-06 due to no updates, seconded by Mr. Hufnal and unanimously carried 4-0. Mr. Senato was absent. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF AUGUST 21, 2016 Mr. Hufnal moved to approve the meeting minutes of August 21, 2016 with the necessary corrections, seconded by Mr. Keller and unanimously carried 4-0. Mr. Senato was absent. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATION Mrs. Townshend, Director of Planning and Community Development stated that the meeting today will be conducted in accordance with the agenda. There are two (2) agenda items: One (1) deferred item under Old Business, and one (1) new item under New Business. 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.

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 All public notice for the new application on this agenda was completed in accordance with code requirements. The meeting agenda was posted in accordance with Freedom of Information Act requirements. Mrs. Townshend stated that as it relates to application V-16-06 that was deferred on June 15, 2016 by the Board of Adjustment, there was some concern by the Board that the applicant did not necessarily demonstrate that the criteria for the variance was met. The applicant was going to come back with either a revised request or additional information. Ultimately, an ordinance was brought forward sponsored by two (2) members of City Council that would have negated the need for a variance. It has gone through the final reading and public hearing process. City Council tabled the ordinance and there was no action. She does not know if there are plans to have it as an agenda item in the near future. She would recommend deferring continuing to defer any action on the application and removing it from the agenda. Responding to Mr. Hufnal’ s question if the application was removed from the agenda would the applicant need to resubmit a new application, Mrs. Townshend replied no, because it is still deferred. It was not deferred to a specific date. Responding to Colonel Ericson’s question whether the applicant was aware that the application was on the agenda for today, Mrs. Townshend replied that they were not notified because given the status of the ordinance, action would not be taken. In response to Mr. Keller’s question regarding public notice, Mrs. Townshend stated that there was no mailed notice, it was only the published agenda. Chairman Sheth suggested keeping application V-16-06 on the agenda until further notice. Colonel Ericson stated that a complete hearing was conducted on application V-16-06 and the applicant was asked to return with better justification. He asked if the Board could vote to complete the process. Mrs. Townshend stated that the Board should give the applicant until next month to do so since they were awaiting the outcome of the ordinance. She will notify the applicant to inform them that the Board will take final action on the agenda item at the October 2016 meeting. Therefore, if the applicant has supplemental information it can be provided at that time. Colonel Ericson stated his understanding that City Council opposed to the ordinance change. Mrs. Townshend concurred and replied that there were a number of statements by residents in opposition to the ordinance amendment. City Solicitor stated that he did not think it would be a good idea to act on the application since it is before City Council, there was opposition, and City Council did not take action on the ordinance. He agreed with giving the applicant notice that final action would be taken at the October 2016 meeting. Mrs. Townshend stated that her concerns would be acting where we have not notified the applicant that there is an intent to act on the application. 2

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Mr. Hufnal commented that he had reservations that the Board application should be tabled today, but to vote on an item that pertains to an ordinance that the City Council is reviewing would not be good on behalf of the Board until City Council has made a final decision. Responding to Mr. Keller’s question whether the applicant’s options were to appear, gain an approval of the variance request, denial, or if the applicant could request removal of the application, thereby avoiding denial that would set them back to a year before they could resubmit. Mrs. Townshend and Mr. Sheth noted this was correct. Mr. Keller moved to continue deferment on application V-16-06 lands of Margaret H. Johnson until further notice based on the comments made today, information provided by Mrs. Townshend and additionally the knowledge that the City Council is currently addressing a proposed ordinance which is in some suspense by virtue of a tabling. The motion was seconded by Mr. Hufnal and was unanimously carried 4-0. Mr. Senato was absent. NEW BUSINESS 100 North DuPont Highway. Wells Fargo Bank has requested an area variance from the requirements of Zoning Ordinance Article 6 Sections 3.4, 3.6, and 3.11 pertaining to minimum parking space size, requirement for curbing, and the maximum number of parking spaces in order to perform site improvements relating to parking and traffic circulation on the subject property. Subject property is zoned C-4 (Highway Commercial Zone). Tax Parcels ED-05- 068.18-01-26.00-000, ED-05-068.18-01-27.00-000, ED-05-068.18-01-24-00-000. The owners of record are Paul & Justine Davis Revocable Trust Agreement and Kings Highway Land Partners LLC. Exhibits for the Record: Staff Report and plans submitted by the applicant. Legal Notice was published in the Delaware State News – on September 11, 2016. The public was notified in accordance with regulations. Chairman Sheth asked for clarity regarding him being in partnership (vested interest) with the joint property at Kings Highway. He wanted to make sure there was no conflict of interest. Mrs. Townshend stated that it is subject to the application because it is the location where the proposed parking would be located. Chairman Sheth not vote on the application. Mr. Cook gave a brief overview of the application. Exhibits Maps & Site Plan A, B & C (existing condition and proposed) Responding to Colonel Ericson’s question whether there was a safety issue or concern in and near the drive thru area, Mr. Cook replied he would let the applicant respond to the question, but what is being proposed in terms of the depth is no different from what is currently existing. Mrs. Townshend replied that she did not believe it was different from what is currently there now, because there is the ability to overhang a front bumper which gains some length that can be 3

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 utilized in front of parking spaces. The drive aisle is wide enough that if there is a little bit of overhang it does not create a safety problem. There is 18 feet that is likely related to fire access. The parking code only requires 10 feet which is not practical and does not provide for access for emergency vehicles. There is enough room so it does not create any real obstructions. Responding to Colonel Ericson’s question about the width of the driveway, Mrs. Townshend replied that it is 16 feet. Representative: Mr. Thomas Pugsley Jr., Civil Engineer for North Star Design. Mr. Thomas Pugsley Jr. was sworn in by Mr. Rodriguez. Responding to Colonel Ericson’s question regarding which angle parking space is going to be 16.65 feet, Mr. Cook replied the ones along the DuPont Highway frontage. Responding to Mr. Keller’s question regarding the angled parking spaces near US13 if there was any sort of barrier at the property line between the end of the parking space and US13, Mr. Cook replied that other than the concrete parking barrier, no. He does not believe that there is a curb. The parking lot is flush with the sidewalk and this is one of the reasons for the variance so that vehicles are not overhanging into the sidewalk. They have the concrete bumpers set back from the property line a fair amount. Responding to Mr. Keller’s question that there is currently sidewalk along US13 in the right-of- way, Mr. Cook replied yes, but it is narrow. Mr. Keller responded to Mrs. Townshend’s comment that by moving a vehicle fully forward until the wheels touch the bumper, you will have 2-3 feet of vehicle over the bumper so it could help overcome the shorter depth of the angle parking space of 16.65 feet. Mr. Cook concurred and stated that they recommend and require the parking bumpers in situations where there is a Planning Commission application most of the time, particularly if the Planning Commission decides to waive curbing. There is no technical standard in terms of how far back from the front of the space that concrete bumper has to be. It is a good concrete point as to what is the functional area of the space verses what is the actual dimension. From a Staff perspective they recommend approval of the variance for the reduction in the minimum parking space size to permit the parking spaces along North DuPont to measure 16.65 feet in length measured from the proposed locations of the concrete bumpers. The available depth of the parking spaces is limited by the existing conditions on the property including the existing building’s location as well as the requirements related to the width of the drive aisle. Mr. Keller asked for clarification of the dimension of the drive thru lane, Mr. Pugsley replied that the width is 16 feet. Mr. Keller commented and questioned again regarding his previous comments and Colonel Ericson’s point, that there was a potential for bumpers or trailers to extend into the drive aisle, and if this was reasonable, Mr. Cook replied that they feel that in terms of that concern there is not really a change from the existing condition. There are larger and deeper spaces available on Maple 4

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Parkway. Mrs. Townshend suggested that some of the spaces could be assigned for compact vehicles. Mr. Pugsley stated that due to the angle of the parking in front of the bumper (wheel stop), there is a large triangular area and the right side of the parking space gets close property line, so there may be a little over hang. If a vehicle parks counter clockwise then they will probably lean more to the left side of the parking space. There will not be that much of an encroachment into the right- of-way. Technically they are only about 1.3/5 feet short of what is required by the ordinance. The majority of the parking space is in compliance. It is the one side that is a little less than the 18 feet and this is the reason for the variance request. He feels that it will not be an issue. Since they are building cars lower so they could put in lower wheel stops, 4-inch instead of a 6-inch so that it would allow for a vehicle to drive overhang the wheel stops. He would like to have a larger wheel stop so that it is clearly visible and does not become a tripping hazard just in case there is no vehicle. We could also look at a lower profile that would allow vehicles to overhang so that the front end is not damaged. Responding to Mr. Keller’s questions whether there were any intentions to stripe at the rear of the solid lines delineating the parking space, Mr. Pugsley replied that it had not been proposed, but it certainly something that could be done. They could put one line going across the whole back designating where the isle begins. Mr. Keller suggested if the lines were stripped yellow it could be cautionary so that people would not stop just for a minute to run in the bank to make a deposit in the through lane. Mr. Pugsley replied that they could do that. Mr. Cook continued with the overview of the application. There is provision that the Planning Commission can waive the requirement for curbing if there is a portion of the parking area where there is a demonstrated need to convey stormwater. Mr. Cook asked for verbal clarification from the applicant whether the new construction on lot 24 in the rear had curbing shown, Mr. Pugsley replied correct. Responding to Mr. Cook’s clarification that the applicant was not requesting any curb waiver pertaining to the new construction. Mr. Pugsley replied no, at this time they are still working with the adjacent team regarding stormwater. If they had anything it would be a small (3 or 4 foot) curb cut to allow stormwater to go through in two (2) locations, but he thinks they are going with inlets. Chairman Sheth excused himself from the meeting. Mr. Cook stated that if something changes and there needs to be curb waiver for the new construction on the portion of lot 24, there is the Planning Commission mechanism to do this. Responding to Mr. Keller’s question whether the variance request for reduction of parking space size is only for the angled parking spaces along North DuPont Highway and not the ones along Maple Parkway, Mr. Cook replied correct. 5

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 Mr. Cook stated that the shared parking agreement with lot 24 is a reasonable solution to accommodate the parking for Wells Fargo. Mr. Pugsley stated that he read the letter and he concurred with Staff Findings and request that the relief be granted. Responding to Vice Chairman Ericson’s question whether Wells Fargo envisioned the number of employees increasing to more than 24 over time, Mr. Pugsley replied that it may increase by 1 or 2 employees if things are shifted, but the building is packed at the current time, at its limit and well built-out. Representative: Mr. Charles T. Hall, Representative for Wells Fargo. Mr. Charles T. Hall was sworn in by Mr. Rodriguez. Responding to Mr. Keller’s question whether the shared parking agreement was currently enforced for proposed lot 24. Mr. Hall replied that the shared parking agreement will formally be enforced. He is the project manager overseeing the construction. The lease negotiator is also working through it with Lidl (the supermarket). Mr. Pugsley replied that there is an informal agreement that will be implemented, but it will not be enforced until all the approvals take place. Responding to Mr. Hufnal’s question whether all the land was leased by Wells Fargo, Mr. Hall replied yes, it is all leased land. Mr. Keller commented regarding the proposed grocery store and if there was any idea of the timing of improvements. Mrs. Townshend replied that it has gone before the Planning Commission and is currently in the post Planning Commission phase. It also depends on how quickly the applicant moves forward. Mr. Keller commented that he was glad to see raised curbing around lot 24 and 25 spaces of parking. This will keep some definition to the parking area, especially if you ultimately have joint users to the grocery stores, bank, and employees. You don’t have edges of pavement being worn away or violated with just driving across the grass as well as the drainage concerns. Responding to Mr. Keller’s question whether the drive thru lane 16-foot width meet the requirements with the fire zone. Mrs. Townshend replied that based on the size of the building it does not require a formal fire lane, but in the case where a fire lane is required 16-feet is considered a secondary fire lane. Therefore, it does provide for adequate access. Mr. Hufnal commented that the plan for lot 24 with the revised entrance off of Maple Parkway and the additional parking at the bank is a great improvement for that area. The angled parking has been there for over ten (10) years. It has provided adequate service, but new improvement with the parking in the back is going to be a big benefit. Vice Chairman Ericson opened the public hearing. 6

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 21, 2016 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 commented that although Chairman Sheth decided to removed himself from hearing or participating in the comments should we ask if there are any members present who had a conflict of interest. Vice Chairman Ericson questioned if there was any member present who had a conflict of interest and there was none. Mr. Keller moved to approve the area variance application V-16-12 pertaining to minimum parking space size, requirement of curbing, and the maximum number of off-street parking spaces in order to perform site improvements relating to parking and traffic circulation on the subject property, Staff recommendations, and information at hand based upon the presentation, and the supplemental testimony by the Civil Engineering firm and Representative of Wells Fargo. The motion was amended by Mr. Hufnal to include the maximum number of parking spaces to 43. The amended motion was seconded by Mr. Keller and unanimously carried 3-0. Chairman Sheth was recused from the meeting and Mr. Senato was absent. Mr. Hufnal moved to adjourn the meeting, seconded by Mr. Keller and unanimously carried 3-0. Mr. Senato was absent and Chairman Sheth was recused. Meeting adjourned at 10:08 A.M. Sincerely, Maretta Savage-Purnell Secretary 7

City of Dover Board of Adjustment October 19, 2016 V-16-13 Location: 640 South Governors Avenue Applicant: William F. Holden, Sr. and Carolie C. Holden Owner: Holden Leasing LLC Tax Parcel: ED-05-077.13-01-40.00-000 Application Date: September 13, 2016 Present Zoning: C-3 (Service Commercial Zone) Road Classification Per Sign Ordinance: Urban Minor Arterial Present Use: Automobile Dealership, sales & service Proposed Use: No Change Reviewed By: Bill Cook, Planner I Variance Type: Area Variance Variance Requested: Increase in the allowed number of wall signs for a property located on an Urban Minor Arterial street to allow the applicant to have a total of 7 wall signs.

V-16-13 Holden Motors Signage Board of Adjustment Report Page 2 of 10 Project Description The applicant is requesting an area variance from the requirements of the sign regulations in Zoning Ordinance Article 5 §4.7 to allow an increase in the maximum number of walls signs for a property with frontage on an Urban Minor Arterial street, located in a non-residential zoning district, and not located adjacent to residential zoning districts or residential uses. The maximum number of wall signs permitted is two (2). There are six (6) wall signs on the building which are considered legal non-conforming. The applicant is requesting an additional wall sign to bring the total number of wall signs to seven (7). The existing and proposed signage is shown in the photographs provided by the applicant in Exhibit B. The property is located at 640 South Governors Avenue and is occupied by Holden Motors, Inc. The business consists of a single commercial building on a lot with frontage on South Governors Avenue. An additional abutting lot has frontage on South New Street and provides vehicle parking and sales area. Adjacent Zoning and Land Use A Zoning Map exhibit (Exhibit A) prepared by staff is attached to this report showing the subject property location and surrounding zoning. The subject property is zoned C-3 (Service Commercial Zone). The immediately adjacent properties on the block between South Governors Avenue and South New Street are a mix of automobile-related sales and service businesses, medical office uses, and other commercial sales & services. Properties on the east side of South Governors Avenue are mostly zoned IO (Institutional and Office Zone). Properties on the west side of South New Street are a mix of C-3, CPO (Commercial and Professional Office Zone), C-1A (Limited Commercial Zone), and ROS (Recreational and Open Space Zone). Surrounding businesses and uses are best illustrated in Exhibit C provided by the applicant which shows a location map and photographs of the surrounding area and businesses. Code References Permitted Signage The City of Dover sign regulations found in Zoning Ordinance Article 5 §4 determine the allowable number, type and dimensional characteristics of signage on a property according to: ● The type of use ● Proximity to residential uses ● Classification of roads on which the property has frontage The subject property is considered a non-residential use and in a non-residential zone as defined by Article 12 (“Definitions”) of the Zoning Ordinance. C-3 (Service Commercial Zone) is among the non-residential zones specified. The property is not adjacent to residential uses or zones.

V-16-13 Holden Motors Signage Board of Adjustment Report Page 3 of 10 The City of Dover sign regulations distinguish three (3) types of roads for purposes of determining allowable signage. South Governors Avenue is an “Urban Minor Arterial” as defined by Article 5 §4.3: Urban minor arterials: Delaware (DE) Route 8 (including all alternative names); McKee Road; Saulsbury Road; College Road; North Street (from Saulsbury Road to the western city limits); Kenton Road (from College Road to DE Route 8); State Street (from Walker Road north to US Route 13 and Wyoming Avenue south to the southern city limits); Loockerman Street; Leipsic Road; Webbs Lane, New Burton Road, Scarborough Road, Walker Road and Governors Avenue (from Division Street to the southern city limits) are considered to be urban minor arterials under the provisions of this section. Table 1 below shows the maximum number, sign area, height, and minimum required setbacks and exclusion zones for signs on the subject site. The signage requested by the applicant is included in the table for comparison. Table 1 Allowed Signage Urban Minor Arterial Non-Residential Uses Not Adjacent to Residential Districts or Uses Sign Type Number Max. Max. % of Setback Exclusion Permitted Size Height Total (R.O.W.) Zone Wall Area Allowed Signage* Wall & 2/frontage 64 S.F. N/A < = 15% N/A N/A Monument or Post and 1/entrance 64 S.F. 7 feet N/A 5 feet 20 feet Panel OR Post 1/frontage 16 S.F. 7 feet N/A 5 feet 10 feet * Excerpt from "Sign Table" found in Zoning Ordinance Article 5 §4.7. Definitions When reviewing wall signage, the following definitions are important: 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.

V-16-13 Holden Motors Signage Board of Adjustment Report Page 4 of 10 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. 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. Sign area: The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50 percent of the sum of the area of all faces of the sign. Sign face: The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Unified Comprehensive Sign Plans Zoning Ordinance Article 5 §4.8.A specifies the purpose and criteria for Unified Comprehensive Sign Plans which may be submitted for review and approval by the Planning Commission if conditions are met. Such plans allow flexibility in allowed signage criteria, including the number of signs. However, the subject property does not qualify for this type of plan because the street type, number of buildings on the lot, and linear frontage criteria are not met. Applicant’s Existing Signage Table 2 summarizes the existing and proposed wall signage on the property including dimensions, location, and permit information. Six (6) wall signs were installed under permit #11- 1046 issued on August 18, 2011. Comments by Staff on that permit note that the new signs were permitted as replacements for existing signs. The then-existing signs were considered legal non-conforming, and the new replacement signs could be placed on the building as long as the total sign area did not exceed the sign area already on the site, and the total number of signs did not exceed the existing number of signs.

V-16-13 Holden Motors Signage Board of Adjustment Report Page 5 of 10 Applicant’s Proposed Signage The applicant proposes a 21 SF wall sign on a portion of the south wall of the building. Refer to Table 2 for description and dimensions. A rendering of the proposed sign and a picture of the wall is shown on the fourth page of Exhibit B. Table 2 Existing and Requested WALL Signage 640 South Governors Avenue (Holden Motors, Inc.) Ref. Sign Description & Location Dimensions Sign % Wall Permit HxW Area Area # Issued Existing Signage* 1 Internally illuminated sign 28" x 12' 28 SF 11-1046 8/18/2011 "Chrysler" Building front wall 2 Internally illuminated sign 15" x 12' 15 SF 11-1046 8/18/2011 "Dodge" Building front wall 3 Internally illuminated sign 33.5" x 8' 5" 28.73 SF 11-1046 8/18/2011 "Jeep" Building front wall 4 Internally illuminated sign 38" x 12' 38 SF 11-1046 8/18/2011 "Ram" Building front wall 5 Internally illuminated sign 24" x 10' 2" 20.8 SF 11-1046 8/18/2011 "Holden" Building front wall 6 "Service & Parts, Body Shop" 27" x 9' 2" < 5 SF 11-1046 8/18/2011 Sign over door adj. to south wall Existing Total: 135.5 SF < 5% (aggregate) Requested Signage Internally illuminated sign 27" x 9' 2" 21 SF < 1.3% "Express Lane" South-facing wall of building * Signs are legal non-conforming as to number and area. See report narrative.

V-16-13 Holden Motors Signage Board of Adjustment Report Page 6 of 10 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 criteria. For this application, to save space and reduce report pages, please refer to the responses submitted by the applicant in Exhibit D. 1. The nature of the zone in which the property lies. Staff Response: The C-3 (Service Commercial Zone) allows a wide variety of commercial and retail uses, including motor vehicle sales or service, and numerous types of services. Business and professional offices are also permitted, including medical offices. Restaurants can be found in a variety of zones. Freestanding signs and generous wall signage is typical of businesses located on highway corridors such as DuPont Highway in order to identify businesses and provide easy wayfinding to drivers in this busy commercial corridor. 2. The character of the immediate vicinity and the contained uses therein. Staff Response: The character of the surrounding area is a mix of commercial, service, and medical office uses. Staff concurs with the applicant’s description. Also refer to the photographs

V-16-13 Holden Motors Signage Board of Adjustment Report Page 7 of 10 submitted by the applicant in Exhibit C. Most of the commercial uses within the area typically have wall signs, and monument signs are common. Staff notes that many properties in the vicinity have existed for a long time and thus may have numerous legal non-conformities related to signage. Examples shown in Exhibit C include:  Shore Distributors, 650 S. Governors Ave. (Legal non-conforming as to number of signs)  Benchmark Transmission, 716/718 S. Governors Ave. (The freestanding pylon is legal non-conforming as to sign type and height)  Good News Health Foods/ New Life Spinal Care, 741 S. Governors Ave. (The signs on the front are legal non-conforming. Roof signs are not a permitted sign type.)  Spence’s Bazaar, 550 S. New St., (Numerous non-conformities.)  Manlove Auto Parts, 630 S. New St., (The freestanding pylon is legal non- conforming as to sign type and height.) The mix of uses and buildings is reflective of a former highway corridor that has transitioned over the long period of time after Route 13 was built to bypass Dover. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Staff Response: The applicant has not provided supporting information or arguments as to any adverse effects to neighboring properties and uses. However, Staff believes that the proposed signage would not affect neighboring properties and uses. The proposed signage is in character with the use of the property as an automobile dealership, and is not out of character with the numerous types of signage found among surrounding properties. 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. Staff Response: The applicant has stated that the additional sign is a program requirement related to their franchise agreement, and that the inability to obtain signage would create an exceptional practical difficulty to make normal improvements to the character of the use of the property as an automobile dealership (sales and service). Staff notes that property does not qualify for consideration of a Unified Comprehensive Signage Plan. Such plans allow for flexibility in the Sign Regulations related to number,

V-16-13 Holden Motors Signage Board of Adjustment Report Page 8 of 10 area, or type of signage, subject to Planning Commission review and approval. The property does not qualify because:  It has only one (1) building. Only properties such as campuses or complexes with three (3) or more buildings under common ownership and management may apply for a Unified Comprehensive Signage Plan.  It is located on South Governors Avenue, an Urban Minor Arterial. Only businesses or institutions having more than 400 linear feet of frontage on an Urban Principal Arterial may apply for a Unified Comprehensive Signage Plan. The building and its use as an automobile dealership has been in existence for a long time. Most, if not all, other (new) automobile dealerships in Dover are located on DuPont Highway, an Urban Principal Arterial. The majority of those dealerships located in City limits have Unified Comprehensive Signage Plans. These plans can be amended administratively in some cases, or significant changes can be reviewed by the Planning Commission via plan amendments. Thus there is some flexibility to accommodate changes to branding, or changes required by dealer programs without having to return to the Planning Commission. Holden Motors, Inc. does not qualify for a Unified Comprehensive Signage Plan because there is only one building on the property, and the location is not on an Urban Principal Arterial street, thus the establishment does not have the ability to obtain signage in the same way that most similar establishments in Dover do. Referencing Table 1, wall signs are permitted on Urban Minor Arterials. Two (2) signs per frontage may be installed on any wall of a building on the lot. The area of each wall sign on an Urban Minor Arterial shall not exceed the lesser of fifteen percent (15%) of the wall area, or 64 SF per sign. Therefore, the Sign Regulations allow the property to have two (2) wall signs totaling 128 SF in sign area. As noted in Table 2, the existing wall signage consists of six (6) wall signs totaling 135.5 SF. While the number of signs exceeds that which is permitted, the total sign area is less than 5% of the wall area. The applicant seeks to add another sign to bring the total to (7) wall signs totaling 156.5 SF. Staff notes that the business occupies two (2) separate parcels as shown in the Zoning Map Exhibit (Exhibit A). While the building is on the parcel fronting on South Governors Avenue, there is another parcel used as lot area that has frontage on South New Street. While the building is visible and accessible from either street, the property is not entitled to additional wall signage based on the South New Street frontage, because the building is not located on that. If the Sign Regulations permitted the South New Street frontage to be counted, the business would be entitled to two (2) additional wall signs, 32 SF per sign

V-16-13 Holden Motors Signage Board of Adjustment Report Page 9 of 10 (total 64 SF). When added to the signage permitted for South Governors Avenue, this would bring the total to four (4) signs totaling 192 SF. Variance Recommendations Staff recommends approval of the variance related to the additional wall sign for reasons as follows:  Additional signage would not be out of character with the use. Automobile dealerships that sell multiple brands typically have signage with the logos of each brand, as well as the dealer name and additional signage identifying specific functions (“Sales,” “Service,” etc.)  The applicant does not have the ability to apply for a Unified Comprehensive Signage Plan to obtain additional signage.  The inability to obtain signage may put the business at a competitive disadvantage.  The business has a unique condition (two parcels) that the Zoning Ordinance does not accommodate. To a layperson the site would appear to have frontage on two different streets, and would thereby be entitled to additional signage, but the Zoning Ordinance determines that the site only has one frontage.  Staff finds that while the number of signs (existing and proposed) exceeds the number of signs that would be permitted by the Zoning Ordinance, the total sign area is not out of character with the use, or the provisions of the Sign Regulations pertaining to wall signage on an Urban Minor Arterial street. Advisory Comments to the Applicant: ● If granted, variances become 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. ● All signs require a Sign Permit. Staff notes permit #16-1237 has been applied for.

V-16-13 Holden Motors Signage Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Map and Photographs of Holden Motors Inc. site, 6 showing existing signage (Applicant) C Map and Photographs of surrounding businesses and 14 uses (Applicant) D Board of Adjustment Criteria Responses 5 (Applicant)

V-16-13 Holden Motors Signage Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Map and Photographs of Holden Motors Inc. site, 6 showing existing signage (Applicant) C Map and Photographs of surrounding businesses and 14 uses (Applicant) D Board of Adjustment Criteria Responses 5 (Applicant)

Exhibit A City of Dover Application N o.: V-16-13 Department of Planning & Inspections IO IO IO IO h St S ou t C-3 C-1A CPO t en S Que IO C-3 C-3 CPO Go ve rn o rs Av e N ew St H op e St IO RGO Bra d fo rd St RGO ROS R-8 R-8 C-1A Su n se t Te r D ove r St M on roe Te r R-8 R-8 R-8 R-8 « Title: H olden M otors Inc Signage Street Address: 640 S G overnors Ave Parcel ID : E D -05-077.13-01-40.00-000 Legend ED -05-077.13-01-41.00-000 Zoning: C -3 (S ervice C om m ercial Z one) 20 12 B u ilding s Ow ner: H olden Leasing LLC Z on ing D ate: 10/10/2016 D ove r Pa rce ls 0 125 250 500 Fee t Su bje ct P ro pe rty

Holden Motors Inc. dba Holden Dodge Chrysler Jeep Ram 640 South Governors Ave Front View

Holden Motors Inc. dba Holden Dodge Chrysler Jeep Ram 640 South Governors Ave South Side View

Proposed Signage Location. South Side of Building Rendering of Proposed Signage

Holden Motors Inc. dba Holden Dodge Chrysler Jeep Ram 640 South Governors Ave North Side View

Holden Motors Inc. dba Holden Dodge Chrysler Jeep Ram 640 South Governors Ave Rear View

South Side Shore Distributors 650 South Governors Ave Front and Back

Dr Lippman's (Currently Vacant) 712 South Governors Ave

Benchmark Transmission / Sid Harvey's HVAC / City Cab Taxi 718 / 716 South Governors Ave

Dr Ramani / Bayhealth 742 South Governors Ave

Good News Health Foods / New Life Spinal Care 741 South Governors Ave

Bayhealth Kent General Hospital 640 South State Street

KW Carpet 624 South Governors Ave

Bayhealth Human Resources 600 South Governors Ave

Spences Bazaar 550 South New Street

Manlove Auto Parts 630 South New Street

Bayhealth General Surgery 724 South New Street

ABC Pediatrics 740 South New Street

New Medical Center 748 South New Street

Exhibit D

V-16-14 277-293 North DuPont Highway Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Site Plans: “DOV- Central Dover” (11” x 17”) 9 (Applicant) Pages cited in Report: “Z-1”, and “Z-3” C Board of Adjustment Criteria Responses 3 (Applicant)

City of Dover Exhibit A Application No.: V-16-14 Department of Planning & Inspections R- r RM- R-8 8 sD 2 r gg Buc k D R-8 B o R-8 r R-8 ll D Nim C-4 R-8 we Dr o itz vd ck Bl Bu el cD R-8 Rd d rv M en Ca n Dr so s R-8 wn R- el d Dr To fi 8 ar ac G M R-8 R-8 Ar th ur D r y RG-2 R-8 Br ad le n yL Rd C-4 nh ed SITE Eise enn R-8 e K ow R-8 rD r Fr e ar D r R-8 C-4 R-8 Dr s on rri SC-2 RG-2 Ha R-8 RG-2 pont a Du nt er Hw Ce C-4 y tD C-1 over C-PO ts Ln Mi k Oa ch e R-8 R-7 rR d R-8 Rd R-7 ak C-4 O R-7 C-4 ite h W Halse R-7 yR RG-5 Up lan d R-7 il R-7 ve R-7 nh R-7 dA Ave ee hill Gr ROS Lakev ie w C-4 ge R-7 Ed lA ROS ve Dr Title: Cellco Partnership dba Verizon Wireless Street Address: 277-293 N DuPont Hwy Parcel ID: ED-05-068.14-01-03.01-000 Zoning: SC-2 (Community Shopping Center Zone) « Legend Owner: MDR Dover, LP 2012 Buildings Date: 10/10/2016 Subject Property Zoning 0 250 500 1,000 Feet Dover Parcels

Exhibit C SUPPLEMENT TO BOARD OF ADJUSTMENT APPLICATION AREA VARIANCE RESPONSES 1. The nature of the zone in which the property lies; The subject property is at the rear of the shopping center in a retail district of the city. 2. The character of the immediate vicinity and the contained uses therein; The subject property is surrounded on two sides by a shopping center. On one side is the Town Pointe apartment complex, which is separated from the subject property by a wooden fence and a stand of tall trees. The other side of the property is a reservoir/drainage area with overgrown weeds and trees. On the other side of the trees is a residential neighborhood. 3. Whether, if the restriction upon the applicant's property were removed, such removal would seriously affect neighboring properties and uses; and The construction of a 125' monopole would not adversely affect neighboring properties and users, because the monopole will be screened by trees and retail buildings. The proposed monopole will benefit neighboring properties and users, by improving telecommunications service. Many residents use mobile phones as their primary telephone, and a high percentage of 911 calls are made from mobile phones. 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 permitted uses under the provisions of the zoning ordinance. The imposition of a 75' height restriction would result in exceptional practical difficulty to Verizon Wireless. Verizon would not be able to satisfy its service objectives and fill significant gaps in coverage and/or capacity if unable to construct a 125' telecommunications monopole at the subject property. A 75' tall monopole would not provide adequate service, which puts Applicant at a competitive disadvantage, and which does not allow the community to experience appropriate levels of service. The proposed installation is the least intrusive means of correcting service deficiencies. In recent years, the use of “smart phones” has proliferated exponentially, and many users now use mobile phones as their primary device for voice calls and data. In addition, a large percentage of 911 calls are made from mobile phones. As a result of the growing reliance upon mobile phones, Verizon Wireless is constantly looking for ways to keep up with the ever-increasing demands on its network. Verizon has a network of wireless antennas throughout Delaware, and this network consists of an interdependent series of towers and other tall structures (each is generally referred to 1

as a “base station”), which hold the antennas at appropriate heights and distances to allow the base stations to communicate with one another and work together to allow a seamless user experience. Verizon employs radio frequency engineers to design and upgrade their network capabilities. These engineers develop “search rings” consisting of a geographic area in which a base station needs to be constructed, at an adequate height to provide coverage to the areas within the search ring. Each search ring is given to a site acquisition consultant, who is tasked with looking for tall existing structures within the search ring which are available for use by Verizon, and if no such candidates are available, their next priority is to find a location that is available for Verizon to lease or purchase on which it may build a base station that will provide coverage to the search ring in the least intrusive manner possible. In the case of the proposed tower at a shopping center known as “The Centre at Dover” at 277-293 N. DuPont Highway, Verizon’s radio frequency engineer developed a search ring that is oval shaped and has a diameter of approximately 1,760 feet. This search ring is centered on the parking field behind the AT&T store and in front of the AC Moore store, which are part of The Centre at Dover (the same shopping center in which the proposed tower is to be built). The Centre at Dover encompasses most of the search ring. The site acquisition consultant explored the feasibility of the following sites: Luther Towers (70’ bldg.) 430 Kings Highway Dover, DE Dover Federal Credit Union 255 N. DuPont Highway Dover, DE Rite Aid 245 N. DuPont Highway Dover, DE Super 8 Motel 348 N. DuPont Highway Dover, DE Days Inn 272 N. DuPont Highway Dover, DE Super Lodge 246 N. DuPont Highway Dover, DE 19901 2

Verizon’s radio frequency engineer determined that the Luther Towers site was not compatible with Verizon’s network. The owner of the Dover Federal Credit Union and Rite Aid properties was not willing to lease to Verizon. The portions of the hotel properties within the search ring were not considered suitable, because of space constraints and their proximity to residential housing without the kind of pre-existing vegetation buffers and elevation changes that effectively buffer the proposed site. The owner of the proposed site in The Centre at Dover was willing to enter into a lease with Verizon, but only in the specific location for which application is being made (other areas of the center were deemed to potentially interfere with parking needs and flexibility for possible future development). For the foregoing reasons, the proposed site at The Centre at Dover provides the least intrusive means available to Verizon for addressing its network needs. 3

Enlargement of portion of Sheet Z-1 to show setbacks from adjacent residential and non-residential zones.

City of Dover Board of Adjustment October 19, 2016 V-16-14 Location: 277-293 North DuPont Highway Applicant/Owner: Cellco Partnership dba Verizon Wireless MDR Dover, LP Tax Parcel: ED-05-068.14-01-03.01-000 Application Date: September 14, 2016 Present Zoning: SC-2 (Community Shopping Center Zone) Present Use: Portion of shopping center parcel, grass area adjacent to parking, storm water management area, buildings. Proposed Use: Telecommunications monopole and associated facilities Reviewed By: Bill Cook, Planner I Variance Type: Area Variance Variances Requested: Allow a structure to exceed the maximum height of 75 feet, allow for an additional 50 feet in height. Project Description The applicant is requesting an area variance from the requirements of Article 4 §4.15 of the Zoning Ordinance Zoning Bulk and Parking Regulations pertaining to the maximum permitted building height in the SC-2 (Community Shopping Center Zone). Specifically, they are requesting a variance to exceed the maximum height requirement by 50 feet in order to allow construction of a 125 foot telecommunications monopole and associated facilities. Adjacent Zoning and Land Use The irregularly shaped 10.82 acre property is addressed as 277-293 North DuPont Highway. A portion of the parcel fronts on North DuPont Highway, site of King Buffet, then includes private

V-16-14 277-293 North DuPont Highway Board of Adjustment Report Page 2 of 6 rights of way and extends to the rear where there is a shopping strip with stores such as Jo-Ann Fabric and Crafts, A.C. Moore, and others. A Zoning Map exhibit (Exhibit A) prepared by staff is found in the Appendix of this report showing the subject property location and surrounding zoning. The proposed construction site for the monopole and compound is in the northeast corner of the property between Kohl’s and Jo- ann Fabrics and Crafts. Note that Kohl’s and other adjacent stores and restaurants are on separate parcels, also zoned SC- 2. Northwest of the proposed compound is Towne Point Apartments, zoned RG-2 (General Residence Zone). Northeast of the proposed compound is the White Oak Farms subdivision, zoned R-8 (One-Family Residence Zone). Code Citations Bulk and parking regulations related to height for the SC-2 (Community Shopping Center Zone) are the same as for the C-4 (Highway Commercial Zone) found in Zoning Ordinance Article 4 §4.15. The maximum permitted building height in the C-4 zone is 75 feet. There are no special Zoning Ordinance provisions related to communications towers and antennae. Previous zoning interpretation has held that such structures are within the definition of a “building” and therefore such structures must meet the bulk standards of the zone. If a variance is granted, the project would be subject to Site Development Plan processes, which would require public notice and review by the Planning Commission. Applicant’s Proposed Project The applicant has submitted eight (9) pages illustrating the proposed plans for the site, found in Exhibit B attached. References are made to the sheet numbers on the plans. The overall site plan, shown on Sheet Z-1 identifies the monopole and compound location placed in the north corner of the property. The monopole and associated equipment comply with the 100 foot required setback from residential zones. The compound is accessed via a driveway proposed to connect with the existing paved parking lot. An elevation view of the compound and monopole height to scale is shown on Sheet Z-3. The other sheets are available to the Board as general information. Any Site Development Plan will be subject to procedures specified in Zoning Ordinance Article 10 §2, and Code Interpretation Memo #4 of January 26, 1999 relating to telecommunications antennae. 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:

V-16-14 277-293 North DuPont Highway Board of Adjustment Report Page 3 of 6 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 criteria. For this application, to save space and reduce report pages, please refer to the responses submitted by the applicant in Exhibit C. 1. The nature of the zone in which the property lies. Staff Response: The SC-2 (Community Shopping Center Zone) permits a variety of retail and service establishments, business, professional and governmental offices, restaurants, hotels, and numerous other uses. Commercial telecommunications towers are permitted in the SC-2 zone subject to Site Development Plan approval processes that vary depend on the area of site disturbance. Thus the proposed use is consistent with the nature of the zone. 2. The character of the immediate vicinity and the contained uses therein. Staff Response: Staff concurs with applicant’s response. The visibility at ground level would be primarily from the shopping center properties since at present there is vegetation bordering the residential zones.

V-16-14 277-293 North DuPont Highway Board of Adjustment Report Page 4 of 6 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Staff Response: Staff does not believe the granting of a variance would impact neighboring properties negatively. The proposed location as noted on the plans (Exhibit B: Sheet Z-1) at the corner of the site allows for some degree of visual screening of the fenced compound and structures from within the shopping center. Depending on the vantage point within the shopping center, the proposed compound (at ground level) would be screened from view by buildings. There is existing thick vegetation at the perimeter of the shopping center that screens views of the shopping center properties from the adjacent residential areas. The effect upon neighboring properties and uses is difficult to evaluate as it relates to the height of the structure, or the use. The public notice process allows for community feedback. The project will be subject to a second public notice related to the Site Development Plan to be reviewed by the Planning Commission. Staff and the Planning Commission could make future recommendations regarding screening, landscaping, fencing materials, etc, as it relates to the project if there are concerns that could be mitigated. 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. Staff Response: A Code Interpretation Memo of January 26, 1999 considers telecommunications antennae and associated compounds as a “building” and subject to height requirements and setbacks for the underlying zone. The use is permitted in all zones. Height requirements vary for different zones, but a variance for height is required in most cases to construct such structures. Staff cannot comment on the issue of service capacity, but notes that the proposed site is on the east side of town, central to retail, commercial, and residential development, It is also not far from major transportation corridors (Routes 1, 13, 113) where service demand may be significant and other attractions and employment centers such as Dover Mall, Dover International Speedway, and DAFB. The denial of a variance may create degradation in service for Verizon Wireless customers in the area, which could be an exceptional practical difficulty if the company were unable to do adequate business in the area. The applicant has stated that an antenna at the 75 foot height limit is technically unfeasible at providing service and would place the company at a competitive disadvantage.

V-16-14 277-293 North DuPont Highway Board of Adjustment Report Page 5 of 6 Variance Recommendations: Staff recommends approval of the area variance for reasons as follows:  The applicant has demonstrated exceptional practical difficulty as a monopole that complied with the 75 foot height maximum in the zone would not provide adequate service.  The placement of a monopole and associated compound is in keeping with the permitted uses of the zone, and in keeping with past practice and code interpretation, and is not out of character with the nature of the zone or the surrounding uses.  The applicant states that the proposal is the least intrusive option to provide the desired service level to customers. Advisory Comments to the Applicant: ● Improvements to the property are subject to Site Development Plan approval processes and appropriate permits from the City of Dover Planning Department and other agencies. ● Variances become 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 of variance approvals.

V-16-14 277-293 North DuPont Highway Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Site Plans: “DOV- Central Dover” (11” x 17”) 9 (Applicant) Pages cited in Report: “Z-1”, and “Z-3” C Board of Adjustment Criteria Responses 3 (Applicant)

V-16-14 277-293 North DuPont Highway Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B Site Plans: “DOV- Central Dover” (11” x 17”) 9 (Applicant) Pages cited in Report: “Z-1”, and “Z-3” C Board of Adjustment Criteria Responses 3 (Applicant)

City of Dover Exhibit A Application No.: V-16-14 Department of Planning & Inspections R- r RM- R-8 8 sD 2 r gg Buc k D R-8 B o R-8 r R-8 ll D Nim C-4 R-8 we Dr o itz vd ck Bl Bu el cD R-8 Rd d rv M en Ca n Dr so s R-8 wn R- el d Dr To fi 8 ar ac G M R-8 R-8 Ar th ur D r y RG-2 R-8 Br ad le n yL Rd C-4 nh ed SITE Eise enn R-8 e K ow R-8 rD r Fr e ar D r R-8 C-4 R-8 Dr s on rri SC-2 RG-2 Ha R-8 RG-2 pont a Du nt er Hw Ce C-4 y tD C-1 over C-PO ts Ln Mi k Oa ch e R-8 R-7 rR d R-8 Rd R-7 ak C-4 O R-7 C-4 ite h W Halse R-7 yR RG-5 Up lan d R-7 il R-7 ve R-7 nh R-7 dA Ave ee hill Gr ROS Lakev ie w C-4 ge R-7 Ed lA ROS ve Dr Title: Cellco Partnership dba Verizon Wireless Street Address: 277-293 N DuPont Hwy Parcel ID: ED-05-068.14-01-03.01-000 Zoning: SC-2 (Community Shopping Center Zone) « Legend Owner: MDR Dover, LP 2012 Buildings Date: 10/10/2016 Subject Property Zoning 0 250 500 1,000 Feet Dover Parcels

Exhibit B CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 CELLCO PARTNERSHIP d/b/a 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 VERIZON WIRELESS advantage engineers SITE NAME: DOV-CENTRAL DOVER 6 SCHEDULE OF REVISIONS 5 4 NEW BUILD 3 2 1 277-293 NORTH DUPONT HIGHWAY 0 09-09-16 REVISED ZONING SITE INFORMATION DOVER, DELAWARE 19901 A REV. 08-16-16 DATE ISSUED FOR 90% REVIEW (ZDs) DESCRIPTION OF CHANGES NO. SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DRAWN BY: EV, MM DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER CHECKED BY: WJN KENT COUNTY, DELAWARE SCALE: NOTED ZONING: SC2-COMMUNITY SHOPPING CENTER TAX PARCEL #: 2-05-06814-01-0301-00001 JOB NO: M130579.00 PARCEL SIZE / COMPOUND SIZE: 10.733 ACRES / 2,500 S.F. N DRAWING TITLE: SITE COORDINATES: N 39° 10' 25.33" (NAD 83) W 75° 31' 1.03" (NAD 83) GROUND ELEVATION: 37.7'± (AMSL) TITLE STRUCTURE TYPE: MONOPOLE SHEET STRUCTURE HEIGHT: 121'± AGL OVERALL HEIGHT: 125'± AGL (TOP OF 4' LIGHTNING ROD) ANTENNA RAD CENTER: 117'± AGL LANDLORD NAME: MDR DOVER, LP, CAPITAL INVESTMENT SITE DRAWING SHEET: CONTACT NAME: LANDLORD ADDRESS: APPLICANT: ROBERT DE LAPEYROUSE 301-986-0011 5454 WISCONSIN AVENUE, SUITE 1265 CHEVY CHASE, MARYLAND 20815 CELLCO PARTNERSHIP D/B/A SHEET INDEX T-1 VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 DRAWING SHEET NUMBER: 512 EAST TOWNSHIP LINE ROAD DRAWING TITLE SHEET BLUE BELL, PENNSYLVANIA 19422 1 OF 9 APPLICANT CONTACT: JOHN HERRIOTT T-1 TITLE SHEET (609) 439-1200 Z-1 SITE PLAN SITE INFORMATION: Z-2 COMPOUND PLAN SITE NAME: Z-3 ELEVATION DOV-CENTRAL DOVER CODE ANALYSIS Z-4 EQUIPMENT SKID DETAILS & NOTES Z-5 CONSTRUCTION DETAILS SITE ADDRESS: BUILDING CODE: IBC 2012 Z-6 GENERATOR DETAILS 277-293 NORTH ELECTRICAL CODE: NEC 2014 Z-7 LP TANK DETAILS DUPONT HIGHWAY FIRE CODE: NFPA 1 2009, 2012 NFPA 101 Z-8 ANTENNA PLAN & DETAILS DOVER, DELAWARE 19901 USE GROUP: U (UTILITY) CONSTRUCTION TYPE: IIB JURISDICTION: CITY OF DOVER PROJECT CONTACT INFO AREA MAP VERIZON WIRELESS ENGINEER: TARRA GOSNELL KENT COUNTY, DELAWARE PROJECT DESCRIPTION DOVER, DELAWARE SCALE: 1" = 1,000'-0" VERIZON WIRELESS RF ENGINEER: ANDY CHAU 1. NEW EQUIPMENT SKID AND MONOPOLE TO BE INSTALLED WITHIN NEW FENCED COMPOUND. 2. NEW PROPANE TANK TO BE INSTALLED IN NEW VERIZON WIRELESS LEASE DIRECTIONS: VERIZON WIRELESS OPERATIONS MANAGER: MIKE PURETTA AREA. FROM VERIZON OFFICE AT 512 EAST TOWNSHIP LINE ROAD, BLUE BELL, PENNSYLVANIA: TURN RIGHT ONTO WALTON ROAD. TURN LEFT ONTO WEST GERMANTOWN PIKE. TAKE RAMP RIGHT VERIZON WIRELESS REAL ESTATE CONTACT: JOHN HERRIOTT 3. NEW ANTENNAS AND NEW ANTENNA PLATFORM TO BE INSTALLED ON THE FOR I-476 SOUTH TOWARD CHESTER. TAKE RAMP RIGHT FOR I-95 SOUTH TOWARD CHESTER. AT EXIT NEW 120'-0" MONOPOLE. 11, TAKE RAMP RIGHT FOR I-495 SOUTH TOWARD BALTIMORE / PORT OF WILMINGTON. KEEP VERIZON WIRELESS AE CONTACT: JASON PERTUIT 4. TWO (2) NEW HYBRID CABLES TO BE INSTALLED ON THE INTERIOR OF THE STRAIGHT ONTO I-95 S / US-202 SOUTH. AT EXIT 5A-B, TAKE RAMP RIGHT FOR I-95 SOUTH TOWARD NEW MONOPOLE AND ALONG NEW ICE BRIDGE. NEW CASTLE. AT EXIT 4A, TAKE RAMP RIGHT FOR SR-7 SOUTH / SR-1 SOUTH TOWARD DOVER / BEACHES. BEAR RIGHT ONTO US-13 SOUTH / SR-1 SOUTH / SOUTH DUPONT HIGHWAY. KEEP POWER CONTACT: DELAWARE ELECTRIC 5. NEW ELECTRICAL SERVICE TO BE INSTALLED TO EQUIPMENT SKID. CITY OF DOVER STRAIGHT ONTO SR-1 SOUTH. AT EXIT 104, TAKE RAMP RIGHT FOR SCARBOROUGH ROAD TOWARD 6. NEW TELEPHONE SERVICE TO BE INSTALLED TO EQUIPMENT SKID. NORTH DOVER. TURN RIGHT ONTO US-13 NORTH / NORTH DUPONT HIGHWAY. TURN BACK ON US-13 302-736-7035 SOUTH / NORTH DUPONT HIGHWAY. ARRIVE AT US-13 SOUTH / NORTH DUPONT HIGHWAY. SITE IS ON 7. NEW GENERATOR TO BE INSTALLED ON NEW EQUIPMENT SKID. THE RIGHT HAND SIDE. TELCO CONTACT: VERIZON W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

GARFIELD SIMPSON FIRST PILGRIM SCHUTZ, POWELL, TAYLOR, DAGLEY, ODEN, DAWLEY, THOMAS, STEPHEN J. PHILIP E. HARRIS, PAUL MAP# 2-05- DIANE A. DAVID L. RONALD A. JAMES A. EST. EDWARD A. III RESIDUARY TRUST BAPTIST CHURCH GENERAL NOTES: REYES, MELQUIADES P. MAP# 2-05-06814- MAP# 2-05- MAP# 2-05- MAP# 2-05- MAP# 2-05- MAP# 2-05- MAP# 2-05- 06814-01- MAP# 2-05- MAP# 2-05- N MAP# 2-05-06810-03-7400-00001 01-0500-00001 06814-01- 06814-01- 06814-01- 06814-01- 06814-01- 06814-01- DRIVE 0600-00001 0700-00001 0800-00001 0900-00001 1000-00001 1100-00001 1200-00001 06814-01- 06814-01- CELLCO PARTNERSHIP d/b/a 1300-00001 1400-00001 VERIZON WIRELESS S 39°49'49" E 746.18' R-8 ONE FAMILY RESIDENCE R-8 ONE FAMILY RESIDENCE RG-2 GENERAL RESIDENCE 2 VALLEY SQUARE / SUITE 300 RG-2 GENERAL RESIDENCE 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 S 50°08'04" E 245.40' WHITE OAK CONDOMINIUM .05' MAP# 2-05-06814-05-8600-00001 N 47°43'46" E 291 advantage engineers BULK REQUIREMENTS R=40.00' NORTH HALSEY ROAD ZONING DISTRICT: SC2-COMMUNITY SHOPPING CENTER N 38°34'09" W 360.93' L=107.08' SCHEDULE OF REVISIONS RG-2 GENERAL RESIDENCE DESCRIPTION REQUIRED EXISTING PROPOSED N 50°57'39" W 104.64' 6 MIN. AREA: 15 ACRES 10.733 AC. * NO CHANGE SC-2 COMMUNITY MIN. LOT WIDTH 150 FT 336 FT NO CHANGE SHOPPING CENTER 5 MIN. LOT DEPTH 150 FT 1,023 FT NO CHANGE MIN. SETBACK - 4 STREET R.O.W.: 50 FT ±39 FT * NO CHANGE NON-RESIDENTIAL ZONE: 50 FT ±172 FT * NO CHANGE SC-2 COMMUNITY 3 RESIDENTIAL ZONE: 100 FT ±42 FT * NO CHANGE RG-2 GENERAL MAX. BUILDING HEIGHT: 75 FT/6 STORIES <75 FT ±125 FT ** 2 TOWNE POINT APARTMENTS, LLC. MAP# 2-05-06814-01-0400-00001 * EXISTING LEGAL NON-CONFORMITY N 38°53'40" W 325.33' SHOPPING CENTER 1 RESIDENCE ** VARIANCE REQUESTED (TOP OF LIGHTING ROD) 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. N 50°54'44" E 380.05' DATE DESCRIPTION OF CHANGES S 51°06'34" E 528.03' NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED MAHAVIR REALTY, LLC MAP# 2-05-06814-01-0305-00001 M130579.00 JOB NO: RG-2 GENERAL RESIDENCE C-4 HIGHWAY COMMERCIAL DRAWING TITLE: SITE PLAN KOHL'S DEPARTMENT STORES, INC. SC-2 COMMUNITY MAP# 2-05-06814-01-0306-00001 C-4 HIGHWAY DRAWING SHEET: SHOPPING CENTER COMMERCIAL GITA CORPORATION MAP# 2-05-06813-01-7600-00001 S 38°53'26" E 339.95' Z-1 SHEET NUMBER: R=260.00' E S 38°53'26" E 27.98' 2 OF 9 L=239.48' RIV TR ED SITE INFORMATION: C EN SITE NAME: DOV-CENTRAL DOVER MDR DOVER, LP, CAPITAL INVESTMENT N 83°53'26" E 28.28' R=293.00' PREMISES ADDRESS: SITE ADDRESS: 5454 WISCONSIN AVENUE, SUITE 1265 R=54.11 L=57.93' CHEVY CHASE, MARYLAND 20815 L=27.51' 277-293 NORTH S 41°09'46" E MAP # 2-05-06814-01-0301-00001 DUPONT HIGHWAY LAND AREA: 10.733 ACRES 72.06' ZONING: SC2-COMMUNITY SHOPPING CENTER R=104.11' DOVER, DELAWARE 19901 L=52.92' JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE N 47°37'06" E 255.63' FCPT RESTAURANT PROPERTIES, L MAP# 2-05-06814-01-0303-00001 N 38°53'26" W 296.00' S 51°06'34" E 213.00' R=20.00' JALAR, LLC S 51°06'34" W 163.00' S 51°06'34" W 140.32' L=10.47' MAP# 2-05-06813-01-7700-00001 BROADSTONE RL PORTFOLIO, LLC. MAP# 2-05-06814-01-0302-00001 1 SITE PLAN Z-1 SCALE: 1" = 60'-0" S 83°53'26" E 28.28' S 06°06'34" E 28.28' Know what's below. C-4 HIGHWAY COMMERCIAL N 38°53'26" W 307.30' N 38°53'26" W 90.00' Call before you dig. N 83°53'26" W 28.28' N 38°53'26" W 7.00' DUPONT HIGHWAY (U.S. ROUTE 13) W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

GENERAL NOTES CELLCO PARTNERSHIP d/b/a N VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 advantage engineers SCHEDULE OF REVISIONS 6 5 1 Z-3 4 3 2 1 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: COMPOUND PLAN DRAWING SHEET: Z-2 SHEET NUMBER: 3 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE 1 COMPOUND PLAN Z-2 SCALE: 1/4" = 1'-0" Know what's below. Call before you dig. W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 advantage engineers SCHEDULE OF REVISIONS 6 5 4 3 2 1 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: ELEVATION DRAWING SHEET: Z-3 SHEET NUMBER: 4 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE 1 ELEVATION Z-3 SCALE: 1" = 10'-0" W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

FOUNDATION NOTES: 4 Z-4 1. DESIGN INFORMATION AND GENERAL REQUIREMENTS CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2. EARTHWORK 2 VALLEY SQUARE / SUITE 300 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 3 2 Z-4 Z-4 3. CONCRETE 2 SKID LEFT ELEVATION advantage engineers Z-4 NTS SCHEDULE OF REVISIONS 6 5 4 3 2 1 EQUIPMENT SKID PLAN 1 Z-4 NTS 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES 9 NO. Z-4 DRAWN BY: EV, MM 3 SKID RIGHT ELEVATION CHECKED BY: WJN Z-4 NTS SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: EQUIPMENT SKID DETAILS & NOTES DRAWING SHEET: Z-4 SHEET NUMBER: 6 5 OF 9 Z-4 8 SITE INFORMATION: Z-4 SITE NAME: 8 SKID PLATFORM ATTACHMENT DOV-CENTRAL DOVER Z-4 NTS 7 SITE ADDRESS: Z-4 5 CONCRETE PAD PLAN 4 SKID FRONT ELEVATION 277-293 NORTH Z-4 NTS Z-4 NTS DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE 9 SKID PLATFORM ATTACHMENT Z-4 NTS 6 CONCRETE PAD SECTION 7 CONCRETE PAD SECTION Z-4 NTS Z-4 NTS W. JEFFERY NAGORNY, P.E. 10 TIE DOWN PLATE DETAIL DELAWARE PROFESSIONAL ENGINEER Z-4 NTS LICENSE # 9553

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 TOP 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 advantage engineers 2 CABLE SUPPORT SECTION Z-5 NTS LEFT FRONT SCHEDULE OF REVISIONS 4 CHARLES CABINET (CUBE) Z-5 NTS 6 5 4 3 2 1 0 09-09-16 REVISED ZONING TOP A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: 1 ICE BRIDGE SECTION Z-5 NTS CONSTRUCTION DETAILS 3 UTILITY BACKBOARD DETAIL Z-5 NTS LEFT FRONT DRAWING SHEET: Z-5 5 CHARLES BATTERY CABINET Z-5 NTS SHEET NUMBER: 6 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER 7 MESA CABINET DETAIL Z-5 NTS KENT COUNTY, DELAWARE W. JEFFERY NAGORNY, P.E. 6 TYPICAL FENCE & GATE DETAIL DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553 Z-5 NTS

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 advantage engineers SCHEDULE OF REVISIONS 6 5 4 3 2 1 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: GENERATOR DETAILS DRAWING SHEET: 1 Z-6 30kW GAS GENERATOR Z-6 SHEET NUMBER: 7 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE 2 GENERATOR CONDUIT TRENCH DETAIL Z-6 NTS W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

LP GAS PIPE SIZING CHART SIZE OF PIPE CELLCO PARTNERSHIP d/b/a LENGTH OF PIPE 1/2" 3/4" 1" 1-1/4" 1-1/2" 2" 2-1/2" 3" 4" VERIZON WIRELESS 10'-0" 275 567 1071 2205 3307 6221 10140 17990 35710 2 VALLEY SQUARE / SUITE 300 20'-0" 189 393 732 1496 2299 4331 7046 12510 25520 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 30'-0" 152 315 590 1212 1858 3465 5695 10110 20620 40'-0" 129 267 504 1039 1559 2992 4778 8481 17300 50'-0" 114 237 448 913 1417 2646 4343 7708 15730 60'-0" 103 217 409 834 1275 2394 3908 6936 14150 80'-0" 89 185 346 724 1086 2047 3329 5908 12050 A A 100'-0" 78 162 307 630 976 1811 2991 5309 10830 125'-0" 69 146 275 567 866 1606 2654 4711 9613 B 63 132 252 511 787 1496 2412 4281 8736 advantage engineers B 150'-0" 200'-0" 54 112 209 439 665 1282 2083 3618 7382 250'-0" 48 100 185 390 590 1138 1808 3210 6549 300'-0" 43 90 168 353 534 1030 1637 2905 5927 SCHEDULE OF REVISIONS 350'-0" 40 83 155 325 491 947 1505 2671 5450 6 400'-0" 37 77 144 303 458 887 1404 2492 5084 5 4 LP Gas flow is given in thousands of BTU/hr. - One cubic foot of LP Gas = 2516 BTU This chart refers to low pressure LP, after regulation. 3 Standard nominal pressure at the burner for LP Gas is 11" of water column. Pipe length must include additional length for all fittings. Add approximately 5 feet of pipe per fitting. 2 1 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN 1 500 GALLON VERTICAL LP TANK DETAIL SCALE: NOTED Z-7 NTS JOB NO: M130579.00 GENERAL NOTES: DRAWING TITLE: LP TANK DETAILS DRAWING SHEET: SPECIFICATIONS: Z-7 SHEET NUMBER: 8 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE GENERATOR INSTALLATION RESPONSIBILITIES: 2 LP FUEL SYSTEM W. JEFFERY NAGORNY, P.E. Z-7 NTS DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS 2 VALLEY SQUARE / SUITE 300 N 512 EAST TOWNSHIP LINE ROAD BLUE BELL, PENNSYLVANIA 19422 advantage engineers SCHEDULE OF REVISIONS 6 5 4 3 1 PROPOSED ANTENNA PLAN 2 Z-8 N.T.S. 1 0 09-09-16 REVISED ZONING A 08-16-16 ISSUED FOR 90% REVIEW (ZDs) REV. DATE DESCRIPTION OF CHANGES NO. DRAWN BY: EV, MM CHECKED BY: WJN SCALE: NOTED JOB NO: M130579.00 DRAWING TITLE: ANTENNA PLAN & DETAILS DRAWING SHEET: Z-8 SHEET NUMBER: 9 OF 9 SITE INFORMATION: SITE NAME: DOV-CENTRAL DOVER SITE ADDRESS: 277-293 NORTH DUPONT HIGHWAY DOVER, DELAWARE 19901 JURISDICTION: CITY OF DOVER KENT COUNTY, DELAWARE 2 ANTENNA MOUNTING DETAIL (SIDE VIEW) 3 GPS ANTENNA ELEVATION DETAIL Z-8 N.T.S. Z-8 NTS W. JEFFERY NAGORNY, P.E. DELAWARE PROFESSIONAL ENGINEER LICENSE # 9553

Enlargement of portion of Sheet Z-1 to show setbacks from adjacent residential and non-residential zones.

Exhibit C SUPPLEMENT TO BOARD OF ADJUSTMENT APPLICATION AREA VARIANCE RESPONSES 1. The nature of the zone in which the property lies; The subject property is at the rear of the shopping center in a retail district of the city. 2. The character of the immediate vicinity and the contained uses therein; The subject property is surrounded on two sides by a shopping center. On one side is the Town Pointe apartment complex, which is separated from the subject property by a wooden fence and a stand of tall trees. The other side of the property is a reservoir/drainage area with overgrown weeds and trees. On the other side of the trees is a residential neighborhood. 3. Whether, if the restriction upon the applicant's property were removed, such removal would seriously affect neighboring properties and uses; and The construction of a 125' monopole would not adversely affect neighboring properties and users, because the monopole will be screened by trees and retail buildings. The proposed monopole will benefit neighboring properties and users, by improving telecommunications service. Many residents use mobile phones as their primary telephone, and a high percentage of 911 calls are made from mobile phones. 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 permitted uses under the provisions of the zoning ordinance. The imposition of a 75' height restriction would result in exceptional practical difficulty to Verizon Wireless. Verizon would not be able to satisfy its service objectives and fill significant gaps in coverage and/or capacity if unable to construct a 125' telecommunications monopole at the subject property. A 75' tall monopole would not provide adequate service, which puts Applicant at a competitive disadvantage, and which does not allow the community to experience appropriate levels of service. The proposed installation is the least intrusive means of correcting service deficiencies. In recent years, the use of “smart phones” has proliferated exponentially, and many users now use mobile phones as their primary device for voice calls and data. In addition, a large percentage of 911 calls are made from mobile phones. As a result of the growing reliance upon mobile phones, Verizon Wireless is constantly looking for ways to keep up with the ever-increasing demands on its network. Verizon has a network of wireless antennas throughout Delaware, and this network consists of an interdependent series of towers and other tall structures (each is generally referred to 1

as a “base station”), which hold the antennas at appropriate heights and distances to allow the base stations to communicate with one another and work together to allow a seamless user experience. Verizon employs radio frequency engineers to design and upgrade their network capabilities. These engineers develop “search rings” consisting of a geographic area in which a base station needs to be constructed, at an adequate height to provide coverage to the areas within the search ring. Each search ring is given to a site acquisition consultant, who is tasked with looking for tall existing structures within the search ring which are available for use by Verizon, and if no such candidates are available, their next priority is to find a location that is available for Verizon to lease or purchase on which it may build a base station that will provide coverage to the search ring in the least intrusive manner possible. In the case of the proposed tower at a shopping center known as “The Centre at Dover” at 277-293 N. DuPont Highway, Verizon’s radio frequency engineer developed a search ring that is oval shaped and has a diameter of approximately 1,760 feet. This search ring is centered on the parking field behind the AT&T store and in front of the AC Moore store, which are part of The Centre at Dover (the same shopping center in which the proposed tower is to be built). The Centre at Dover encompasses most of the search ring. The site acquisition consultant explored the feasibility of the following sites: Luther Towers (70’ bldg.) 430 Kings Highway Dover, DE Dover Federal Credit Union 255 N. DuPont Highway Dover, DE Rite Aid 245 N. DuPont Highway Dover, DE Super 8 Motel 348 N. DuPont Highway Dover, DE Days Inn 272 N. DuPont Highway Dover, DE Super Lodge 246 N. DuPont Highway Dover, DE 19901 2

Verizon’s radio frequency engineer determined that the Luther Towers site was not compatible with Verizon’s network. The owner of the Dover Federal Credit Union and Rite Aid properties was not willing to lease to Verizon. The portions of the hotel properties within the search ring were not considered suitable, because of space constraints and their proximity to residential housing without the kind of pre-existing vegetation buffers and elevation changes that effectively buffer the proposed site. The owner of the proposed site in The Centre at Dover was willing to enter into a lease with Verizon, but only in the specific location for which application is being made (other areas of the center were deemed to potentially interfere with parking needs and flexibility for possible future development). For the foregoing reasons, the proposed site at The Centre at Dover provides the least intrusive means available to Verizon for addressing its network needs. 3