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CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
August 21, 2019
A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, August
21, 2019 at 9:00 A.M. with Chairman Sheth presiding. Members present were Chairman Sheth,
Mr. Keller, Mr. Hufnal, Colonel Ericson. Mr. Senato was absent.
Staff members present were Mr. Swierczek, Mr. Hugg, City Solicitor Mr. Rodriguez, and Mrs.
Mullaney arrived at 9:15 A.M.
APPROVAL OF AGENDA
Mr. Hufnal moved to approve the agenda as submitted. The motion was seconded by Mr. Keller
and unanimously carried 4-0. Mr. Senato was absent.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES
OF JULY 17, 2019
Mr. Keller moved to approve the meeting minutes of July 17, 2019 with the necessary
corrections. The motion was seconded by Colonel Ericson and unanimously carried 4-0. Mr.
Senato was absent.
OPENING REMARKS CONCERNING APPLICATIONS
Mr. Dave Hugg, Planning Director stated that the meeting today will be conducted in accordance
with the Agenda. There is one (1) application on the agenda under New Business. Each Application
file will be read, and the floor will be opened for questions of the applicant by the Board and for
public testimony. If the Board needs to consult the City Solicitor, they will recess to discuss legal
matters. If the applicant must leave, they can contact the Planning Office at 736-7196 to learn of
the Board’s decision. A formal notice of the decision will be mailed to the applicants. Approved
variances expire after one year if the approved project has not commenced.
All public notice for the new application on this agenda was completed in accordance with Code
requirements. The meeting agenda was posted in accordance with Freedom of Information Act
requirements.
COMMUNICATIONS & REPORTS
The next Board of Adjustment regular meeting is scheduled for September 18, 2019 at 9:00am in
the City Council Chambers.
NEW BUSINESS
Applicant #V-19-07
805 and 815 Forest Street, and 726 West Division Street. Victor Giangrant has requested a
variance from the requirements of the Zoning Ordinance, Article 4 §4.15 pertaining to the
maximum lot coverage in the C-3 (Service Commercial) Zone, and Article 3 §27.67 pertaining to
the lot coverage, front, side and rear yard setbacks/landscaping requirements for the Corridor
Overlay Zone (COZ-1). They are requesting the above variances to be able to utilize the entirety
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CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019
of the two lots addressed as 815 Forest Street and 726 West Division Street for their expanded
car wash facilities, namely thirteen (13) new parking spaces with vacuum stations. Subject
properties are zoned C-3 (Service Commercial Zone) and are subject to the COZ-1 (Corridor
Overlay Zone). Tax Parcels: ED-05-076.08-01-40.00-000, ED-05-076.08-01-38.00-000, ED-05-
076.08-01-39.00-000. The owners of record are Clean Cars Inc. and Melinda F. Giangrant.
Exhibits for the Record: Staff Report, Zoning Exhibit, and statement and plans submitted by the
applicant. Legal Notice was published in the Delaware State News on August 4, 2019. The
public was notified in accordance with regulations.
Chairman Sheth questioned if there was any member present who had a conflict of interest and
there was none.
Mr. Swierczek gave a summary presentation of the Variance Application Request for a variance
from the requirements of the Zoning Ordinance, Article 4 §4.15 pertaining to the maximum lot
coverage in the C-3 (Service Commercial) Zone, and Article 3 §27.67 pertaining to the lot
coverage, front, side and rear yard setbacks/landscaping requirements for the Corridor Overlay
Zone (COZ-1). They are requesting the above variances to be able to utilize the entirety of the
two lots addressed as 815 Forest Street and 726 West Division Street for their expanded car wash
facilities, namely thirteen (13) new parking spaces with vacuum stations. The summary included
references to the Staff Report on the Application.
Chairman Sheth asked Mr. Swierczek whether he had a prior meeting with the applicant? Mr.
Swierczek replied that there was a Pre-application meeting with the applicant prior to today’s
meeting.
Chairman Sheth asked Mr. Swierczek if all the issues mentioned today were explained to the
applicant? Mr. Swierczek replied no, not since receiving the material(s) subject to the
application.
Chairman Sheth questioned if there was any member present who had a conflict of interest and
there was none.
Representative: Mr. Victor Giangrant, Owner, Clean Cars Inc.
Mr. Giangrant testified that there have been radical changes in their industry. It seems like the
trend is going away from full-service car wash which we are. This means vacuuming out the
vehicles, wiping down the dashboard, windows and washing the exterior of the vehicle. Some
days we have close to 30 employees. We currently employ a total of forty-two employees. Last
year we had 120 employees on our books. That trend is coming to an end with the labor being
the way that it is; everyone is going to what is called an Express Service. The Express Service
for the size of his operation can be run by two persons. The Express Service offers free vacuums
to customers, whereas, they vacuum their own vehicle. Then they sit in their vehicle and drive
through the car wash. It eliminates a lot of jobs. They do not want to do that; they want to keep
the full-service tradition alive. They have a lot of families depending on their operation. They
need to get with the times and technology. They need to offer the flex service which consists of
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CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019
the free vacuum as well as the full-service. This is the situation that we are in right now. In order
for us to keep up with the competition, we need to offer this service.
Chairman Sheth mentioned that the Board of Adjustment tries to help the applicant as well as
make the interpretation of the Ordinance. Mr. Swierczek expressed the Recommendation.
Chairman Sheth asked the applicant if he asked any questions regarding the Recommendation.
Mr. Giangrant replied that the first time he spoke with Mr. Swierczek in the office they discussed
the application process. They have not spoken since that time. Evidently, there were some other
suggestions made that he was not aware of until just now.
Colonel Ericson mentioned that if the Board voted on the application and the variance is
disapproved then the applicant will have to wait one year before coming back before the Board.
If the application is tabled, it will give the applicant the opportunity to talk with Staff to see if
they could come up with an idea on how to meet the requirements of the Corridor Overlay Zone
and the other plans that are restricting the use of this property. He may not need a variance.
Chairman Sheth asked the applicant if he understood that if the Board rejects the variance
application, then he would not be able to come before the Board with the same variance until a
year later.
Colonel Ericson stated that his recommendation is that the variance application be tabled and
then looked at again in the future after the applicant has had a chance to talk with Staff to see if
the property can be developed to meet the compliance of all requirements.
Chairman Sheth asked Solicitor Rodriguez if it was a good suggestion. Solicitor Rodriguez
replied it was an appropriate suggestion.
Chairman Sheth asked the applicant if he understood the recommendation and he if agreed. Mr.
Giangrant replied yes, he understood, and he agreed with the recommendation.
Chairman Sheth mentioned that the hearing will be continued at the next meeting. The persons
that came today in the audience for the hearing will not have to come back, but they can come
back if they want.
Mr. Hufnal stated that he agreed with Chairman Sheth and he thought that the Planners gave
some good suggestions of what could be done to alter the Plans to bring it into conformity. If the
applicant and Staff can sit down and discuss the suggestions, it would be beneficial for both
sides.
Chairman Sheth asked Mr. Swierczek if it was okay if the applicant met with him. Mr.
Swierczek replied that Staff would be happy to meet with the applicant and of course Staff would
respect the Board’s decision.
Colonel Ericson asked if the Board should continue this and the applicant comes up with a new
Plan for the Board, would they have another chance to come forward and open up the hearing.
Chairman Sheth replied yes, the public hearing will remain open.
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CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019
Mr. Hufnal asked if the application still had to go before the Planning Commission to get the
plan approved to demolish the two (2) houses and consolidate the three (3) Lots into one. Can
they still continue to do that part of the process before the Board hears it again? Mr. Swierczek
replied it is the practice of the Planning Office to wait until the Board of Adjustment makes any
pertinent decision before going to the Planning Commission. The Planning Commission would
not like to review a project that has not yet received approved variances if required.
Chairman Sheth asked Mr. Hufnal if that answered his question. Mr. Hufnal replied yes, but he
did not think it was right.
Mr. Keller asked Mr. Hufnal if he did not think it was correct or if he did not necessarily approve
of that procedure. Mr. Hufnal stated that he did not approve of the procedure. He would think the
applicant would go before the Planning Commission and get that approval first. Because if they
did not get approved at the Planning Commission then they would have spent the money on this
variance application which they would not have needed to do.
Mr. Swierczek mentioned that it would work the other way as well if the applicant would go
before the Board of Adjustment first and the proposed variances were denied while they were
waiting for Planning Commission. They would have to go through an application process for
Planning Commission as well. If that was approved and the variance was denied, then the
application for the Planning Commission would subsequently not be permitted to proceed.
Colonel Ericson recommended that the Board continue with the case and talk about the
procedure later.
Mr. Keller asked the applicant if he employed Elliott Surveying for the Plans that have been
presented as an Exhibit with the submission for the variance application. Mr. Giangrant replied
yes.
Mr. Keller mentioned that he had to agree and go along with the tone of what has transpired so
far. Mainly, it appears that the applicant has some willingness to perhaps table the presentation
for a subsequent presentation without interfering with the one-year delay if the application was to
be denied.
Mr. Keller asked when Elliott Surveying was employed were other possibilities for the proposed
layout considered other than the one presented on the Exhibit Plan. Mr. Giangrant replied they
looked at a lot of possible ways, but this one made more sense as far as the traffic flow.
Mr. Keller mentioned that perhaps it is understood by virtue of his (Mr. Giangrant’s) history at
the car wash and he understood that, but there is no designated traffic flow pattern quite frankly.
He questioned people exiting the new proposed vacuum station; there was no exiting strategy for
them. He did not know if they circled around to then have their car washed or they exit directly
into Division Street. Mr. Giangrant replied they come right around the building and get in line,
there will be three (3) lanes.
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CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019
Mr. Keller asked if he would not anticipate someone simply utilizing the vacuuming and not
getting a car wash. Mr. Giangrant replied of course he is sure that is going to happen. There is an
escape exit in the event that does happen. Mr. Keller mentioned that it was not shown, but he
understood. Mr. Giangrant replied it is existing.
Mr. Keller mentioned that West Division Street and Forest Street are under State maintenance
control. The applicant would require certain approvals for entrances and exits by virtue of
redevelopment of the Lot. Mr. Giangrant replied he spoke with them and they stated that it was
just a standard procedure since the egress and ingress is existing; it would be fine. As a matter of
fact, Mr. Giangrant mentioned that he asked if he could slide the entrances and exits down, and
they said yes.
Chairman Sheth asked the applicant that after the Board meeting is it possible that the entire Plan
may be changed. Mr. Giangrant replied yes, of course. Chairman Sheth stated that the best thing
would be to agree to have a meeting with the Planning Staff. Mr. Keller agreed.
Mr. Keller mentioned that the Board has a history of willingness to work with applicants. The
burden of proof to gain approval for the application is upon the applicant, company and/or
corporate entity. Mr. Keller mentioned that it is a good idea; and he would be in agreement to
accept the tabling for further consideration on the part of possibilities with regards to this layout
with City personnel.
Chairman Sheth mentioned the audience and the public hearing. Those speaking in favor of or
against will be given a chance to speak in case a decision is not made today. When whatever
future plan comes, the audience will be most welcome and invited to present their concerns
whether in favor or against. At the current time, the Board is not going to discuss the same Plan.
The Plan will be changed. He’s not sure how it will be changed, but the audience will be invited
to present their concerns. City Solicitor suggested a public hearing after Mr. Giangrant comes
back with the changes and after meeting with Staff. Then the ladies and gentlemen will know
exactly what is proposed and they are not going to know that today.
Mr. Keller questioned the possibility of members of the audience who would perhaps otherwise
would like to elect to speak today in favor of or against. Would that weigh on the future
proposal? Would there be benefits by hearing their comments, one way or another which could
possibly guide the future production of a proposed change to this Plan?
Chairman Sheth mentioned his concern is what if those in favor or against comment it should not
be prejudicial on the present understanding verses the future proposal that may be totally
different.
Colonel Ericson mentioned that the public has taken their time to come to the meeting. They
have position that they would like to express because they may not be able to attend the meeting
the next time. The Board should have a Public Hearing now and keep in mind when it comes
back. True, the Plan may change and the audience that are here today may come back again. At
least we will have their thoughts on record; and it will also help the owner meet their interests
and affect the final decision.
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CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019
Chairman Sheth and Solicitor mentioned that they agreed with Mr. Keller and Colonel Ericson.
Chairman Sheth opened the public hearing.
Mr. Hector Stevenson Green who lives at 830 Forest Street was sworn in by Mr. Rodriguez.
Mr. Green mentioned that his main concern with the expansion of the Car Wash is the traffic flow.
We need a one-way entrance to the Car Wash. If you are coming from Saulsbury Street towards
Loockerman Street, the cars are making a left-hand turn. It puts a hardship on the neighbors trying
to back out of their driveways. With the State and DelDOT being in Phase 1 of the bike path,
Division Street will become a one lane road going towards Saulsbury Road. Therefore, you will
be losing half of Division Street. We have not heard anything regarding the exits or entrances to
the new Phase of the Car Wash. Traffic flow is our main concern because it is busting at the seams
at the current time. Plus, school is getting ready to start back up; it will get worse. The expansion
project is probably good for the business, but it is bad/negative for the community and people that
live near the Car Wash unless we can work with a traffic flow in and out of the Car Wash. The
expansion is also a hazard, children walking and with one sidewalk being totally eliminated
because of the Phase I Project construction near Bennie Smith Funeral Home. He noticed a
proposal to the Car Wash that was going to be built on DuPont Highway. He had the same
complaint regarding the water and sewer system, tire shine chemicals that is used, drainage system,
etc. The neighbors need to know all that information with the EPA and what the impact will be in
their neighborhood. Chairman Sheth replied that those questions will be addressed at the Planning
Commission meeting. Mr. Green also mentioned the neighbors was also concerned about safety.
Mr. Keller asked Mr. Green if the street construction currently on Division Street was part of what
he was referring to regarding the sidewalk reconstruction. Mr. Green replied he was referencing
the Bike Path Phase I that is supposed to go from Subway on Saulsbury Road to St. Jones
River/Silver Lake extension. It will eliminate half of the road on Division Street.
Ms. Amelia Howard who lives at 814 Forest Street, directly across from the Car Wash was sworn
in by Mr. Rodriguez.
Ms. Howard mentioned that her concern was the same as Mr. Green’s concern. The traffic is
currently horrendous. There are times when she needs to come out of her driveway; she will have
to go east and go around to go west. It is a serious accident waiting to happen. Years ago, there
were vacuums on the opposite side of the Car Wash, she wanted to know why they could not put
the vacuums on the right side instead of demolishing the houses in our neighborhood. As
mentioned by Mr. Green, the children are getting ready to go back to school and the traffic is
terrible. If you have ever gone to the Car Wash, you are aware the traffic is terrible. DelDOT or
someone has to do something to protect the children. Again, as previously mentioned it is going
to be a serious accident because the traffic flow is horrible. She asked that the neighbors be
considered when making plans because they live there. The owners do not live in the
neighborhood, they just have their business and work there.
Mr. Hugg mentioned as a reminder that the Board is only committed to have one public hearing
on an application; and he recommended that the Board suspend or whatever the proper legal term
is to keep the hearing open so that at the next meeting the hearing will continue and the Board will
not violate the Code.
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Chairman Sheth mentioned that it will be part of the motion to keep the public hearing open.
Colonel Ericson moved to keep the public hearing open until the next meeting. The motion was
seconded by Mr. Keller. The motion unanimously carried 4-0.
Chairman Sheth questioned if there was any additional correspondence for the record. There
was none.
Colonel Ericson moved to table variance application V-19-07. The motion was seconded by Mr.
Hufnal. The motion unanimously carried 4-0.
The meeting was adjourned by Mr. Keller and seconded by Mr. Hufnal at 9:43 A.M.
Sincerely,
Maretta Savage-Purnell
Secretary
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