BOA 9-18-2019 Paperless Packet

CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, September 18, 2019 at 9:00 AM City Hall, Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of August 21, 2019 Meeting COMMUNICATIONS & REPORTS 1. Reminder: The next Board of Adjustment regular meeting is scheduled for October 16, 2019 at 9:00am in the City Council Chambers. OLD 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 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. This Application is continued from the August 21, 2019 Meeting of the Board of Adjustment. The Public Hearing remains open. • At the Request of the Applicant, Application V-19-07 will remain postponed as they are evaluating their proposed project for potential revisions. NEW BUSINESS Applicant #V-19-08 731 and 801 West Division Street. Central Delaware Housing Collaborative has requested variances from the requirements of the Zoning Ordinance, Article 3 §27.66 pertaining to the maximum number of stories and height in the COZ-1 (Corridor Overlay Zone); Article 3 § 27.63 (c)(ii) pertaining to the required 12-foot wide landscape buffer required in between building and the parking lot and drive areas; Article 3 §27.67 pertaining to open space and landscaping requirements in the COZ-1; and from Article 6 §5.3 pertaining to supplementary parking regulations for multiple dwellings. They are requesting these variances because they plan to construct a multiple-dwelling unit structure (apartments) to contain twelve (12) units that will be three (3) stories and thirty-nine (39) feet in height along with associated site improvements. The subject properties are zoned IO (Institutional and Office Zone) and subject to the requirements of

Board of Adjustment Agenda September 18, 2019 Page 2 of 2 the COZ-1 (Corridor Overlay Zone). Tax Parcels: ED-05-76.08-01-34.00-000 and ED-05- 076.08-32.00-000. The owner of record is AID in Dover, Inc. and equitable owner is Central Delaware Housing Collaborative. This site was recently the subject of a Rezoning Application to permit the rezoning of both properties from C-2A (Limited Central Commercial Zone) to IO (Institutional and Office Zone) while remaining subject to the requirements of the COZ-1 (Corridor Overlay Zone). This application received Planning Commission recommendation for approval in May 20, 2019 and the rezoning was subsequently approved by the City of Dover City Council at their June 10, 2019 Meeting. Applicant #V-19-09 1203-1209 Walker Road (1205 Walker Road). MJ Stone, Inc. requested a variance from the requirements of the Zoning Ordinance, Article 4 §4.1 pertaining to the maximum height in the R-8 (One-family Residence) Zone. They are requesting this variance because the 150-foot-high existing radio tower with 3-foot antenna was previously considered legal non-conforming, but the recent alterations have increased the height of the structure by 11 feet (150-foot-high existing radio tower with 14-foot antenna). Subject property is zoned R-8 (One-family Residence Zone). Tax Parcel: ED-05-067.18-01-76.00-001-01. The owners of record are MJ Stone, Inc. c/o Mr. Michael Stone and Ms. Jessica Stone. This site was recently the subject of a Conditional Use Plan Application C-19-04 to permit a Place of Public Assembly (Church) in an existing building at the rear of the property; it received conditional approval on July 15, 2019 from the Planning Commission. 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 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

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 2

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. 3

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. 4

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. 5

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. 6

CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 21, 2019 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 7

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 2 of 12 1) To allow an increase in the maximum permitted number of stories from 2 to 3, and to increase the maximum height in feet permitted for a building in the COZ-1 from 35 feet to 39 feet 2) A reduction in the landscaped buffer area required between the building and the parking lot and drive areas from 12 feet to 10 feet, and a reduction in the required width of the sidewalk in the buffer area from 6 feet to 5 feet 3) A reduction in the minimum 5 feet of landscaped open space to 0 feet along the western side yard property line to accommodate a fire lane 4) A variance from the requirement that no parking space is to be located within 3 feet of a Side Yard lot line For the property addressed as 801 West Division Street: 1) A reduction in the landscaped buffer area required between the building and the parking lot and drive areas from 12 feet to 8.5 feet, and a reduction in the sidewalk in the minimum required sidewalk width in the landscaped buffer area from 6 feet to 4 feet. 2) A reduction in the minimum required 5 feet of landscaped open space along the side property lines to 0 feet along the eastern side yard property line, and 3.3 feet along the western side yard property line 3) A reduction in the minimum 3 feet required between parking spaces and the side yard property lines, a reduction in the minimum required distance between parking spaces and the rear property line from 3 feet to 9 inches

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 3 of 12 Project Description The applicant proposes to maintain the existing building on the property addressed as 801 West Division Street and re-establish its use as an Emergency Shelter. The applicant also plans to demolish the existing (one-family residence) building on the property addressed as 731 West Division Street and construct a new multiple dwelling-unit (apartment style) building. This development is proposed as a Charitable Institution whose activities are permitted uses in this zone. The applicant has indicated that they do NOT intend to combine the two (2) separate parcels. Therefore, to develop these two parcels, the applicant is requesting several variances. First, for the property addressed as 731 West Division Street, the applicants are seeking variances from the provisions of the Zoning Ordinance, Article3 §27 pertaining to the zoning and bulk standards of the COZ-1 (Corridor Overlay Zone), so as to be able to increase the maximum height of the building from 35 feet to 39 feet; to increase the maximum number of stories permitted from two to three stories; reduce the landscaped buffer area required between the building and the parking lot and drive areas from 12 feet to 10 feet; and a reduction in the required width of the sidewalk in the buffer area from 6 feet to 5 feet. For the property addressed as 731 West Division Street, the applicant is further seeking a variance from Article 6 §5 pertaining to supplementary parking regulations. Specifically, from the requirement that no parking space is to be located within 3 feet of a side yard lot line. In relation to the property addressed as 801 West Division Street, the applicant is also seeking variances from Zoning Ordinance, Article 3 §27 pertaining to the zoning and bulk standards of the COZ-1 (Corridor Overlay Zone). They are again asking to be permitted to reduce the landscaped buffer area required between the building and the parking lot and drive areas from 12 feet to 8.5 feet; a reduction in the required width of the sidewalk in the buffer area from 6 feet to 4 feet; a reduction in the minimum required 5 feet of landscaped open space along the side property lines to 0 feet along the eastern side yard property line, and 3.3 feet along the western side yard property line. Finally, for the property addressed as 801 West Division Street the applicant is seeking a variance from the Zoning Ordinance, Article 5 §5.3 which requires that no parking be located within 3 feet of a side or rear property line. The applicant has indicated that parking will be located within 3 feet along both the side and rear property lines. They have indicated that it will be only (9) inches from the rear property line, they have not specified how far it would be from the side yard property lines. The Site Plan submitted by the applicant (Exhibit C) would seem to suggest the side yard setback for parking would similarly be approximately 9 inches. A Site Plan of the proposed layout of the two properties is provided by the applicant in Exhibit C. This project has not yet been reviewed by the Planning Commission as any Code requirements seeking variances must first be considered by the Board of Adjustment. The submission and review of a Site Development Plan application is required. An application

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 4 of 12 filing of the Site Development Plan has been received and will begin the review process in anticipation of being scheduled to go to the Planning Commission for a review at their October 21, 2019 meeting. Adjacent Land Uses The properties are zoned IO (Institutional and Office Zone) and subject to the requirements of the COZ-1 (Corridor Overlay Zone). The subject properties are located on the north side of West Division Street, west of Ridgley Street. The properties are addressed as 731 and 801 West Division Street. There is an unnamed alley that runs along the north of the property addressed as 801 West Division Street. Along West Division Street to both the east and west of the subject site are properties zoned C-2A (Limited Central Commercial Zone), containing a mix of uses, primarily commercial. The properties to the north along Weston Drive are zone M (Manufacturing Zone) and the properties to the south across West Division Street are zoned C-1A (Limited Commercial Zone) and C-3 (Service and Commercial Zone) containing a mix of commercial and service uses. Properties along both sides of Division Street to the east and west are also subject to the requirements of the COZ-1 (Corridor Overlay Zone). A Zoning Map Exhibit (Exhibit A) showing the property and adjacent zoning districts can be found in the attachments to this Report. Code Citations The subject properties are both zoned IO (Institutional and Office Zone), having both been rezoned under application Z-19-06 which was recommended for approval by the Planning Commission at their May 2019 meeting. The Rezoning to IO was then approved by the Dover City Council at their June 2019 meeting. The application to rezone was submitted in preparation for this project. The subject properties are also subject to the COZ-1 (Corridor Overlay Zone). According to Zoning Ordinance, Article 3 §10, both Emergency Shelters and Charitable Institutions are permitted uses in the IO Zone. The proposed development at the property addressed as 731 West Division Street is being built as a multi-dwelling unit building (Apartments). The existing building at 801 West Division Street is proposed to be utilized as an Emergency Shelter. The proposed development of apartment-style units could be considered as permitted in the IO zone only when clearly documented and established as part of a philanthropic or charitable institution. The Zoning Ordinance offers the following definitions: Emergency Shelter: A facility providing temporary housing to homeless or transient persons in a dormitory style setting; such facility may also provide or facilitate other social services including counseling and vocational training. Dwelling, multiple: A building, or portion thereof, containing more than two dwelling units Dwelling unit : A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 5 of 12 porches) or cooking or sanitary facilities in common with any other dwelling unit. A boarding[house] or roominghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging, nursing, or other similar home, travel trailer, recreational vehicle, or other similar structures or vehicles shall not be deemed to constitute a dwelling unit. The format of the building currently existing on the parcel addressed as 801 West Division Street is considered to be a Dormitory and does not meet the definition of a multiple dwelling-unit facility. The proposed building to be erected at the property addressed as 731 West Division Street is in the format of a multiple dwelling unit (Apartment) building. This building is part of the overall shelter facility and program; it is considered a Charitable or Philanthropic Use. Both uses are permitted in the IO (Institutional and Office Zone). The subject properties and surrounding properties are within the COZ-1 (Corridor Overlay Zone). This overlay zone includes additional provisions related to building design, landscaping, parking layout, and height among other criteria. The provisions of the COZ-1 are found in the Zoning Ordinance Article 3 Section 27. Supplementary regulations for parking and loading facilities are found in the Zoning Ordinance Article 6 Section 5. Specifically, Code states: Supplementary parking regulations for multiple dwellings. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles within 15 feet of any wall or portion thereof, is prohibited. Except for electric vehicle charging stations, no automobile service shall be permitted to be extended to users of the lot, including sales, repair or fueling, and no gasoline, oil, grease, or related supplies shall be stored or sold in any such lot or in any garage on such lot. As with parking regulations, there are instances where bulk standards or other dimensional criteria (such as height) are stated in various sections within the Zoning Ordinance, such as in the base zoning, overlays, or supplemental regulations. In cases where multiple standards are given, the more stringent standard applies. Table 1 on the following page summarizes the requirements applying to both properties as described in Code and as relates to the applicant’s variance requests. The standards requiring a variance are provided by address with the variance.

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 6 of 12 Table 1: Most stringent as As proposed in described in Code Applicant's Project 731 W. Division Street Standard: Requirements Proposed Landscaped Buffer Area width between Building 12 feet 10 feet and Parking Lot Minimum required sidewalk width in the 6 feet 4 feet Landscaped Buffer Area Minimum required depth of Landscaped Open 5 feet 0 feet (west) Space along side yard property line Minimum distance for parking spaces from Side 3 feet 0 feet (west) Yard Lot Line Maximum permitted in COZ-1: Building Height (stories) 2 story 3 story Building Height (ft.) 35 feet 39 feet 801 W. Division Street Landscaped Buffer Area width between Building 12 feet 8.5 feet and Parking Lot Minimum required sidewalk width in the 6 feet 4 feet Landscaped Buffer Area Minimum required depth 0 feet (east) of Landscaped Open property line 5 feet 3.3 feet (west) Space along the side property lines property line Minimum required distance between parking 3 feet 9 inches spaces and the side yard property lines 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-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 7 of 12 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 a part of the application, the applicant was asked to state how the requested variance relates to the above four criteria. The applicant’s responses are provided below, along with a staff assessment of the application in accordance with the required criteria. These responses may also be found in Exhibit B. 1. The nature of the zone in which the property lies. Applicant Response: “Both parcels, Parcel 32 & 34 are zoned IO (Institutional and Office) which permits the proposed use of the transitional housing. The proposed site is bordered on the northeast, east and west by parcels that are currently zoned Limited Central Commercial (C-2A), on the northwest by a parcel that is zoned Manufacturing (M). All of the surrounding parcels are owned by Bennie Smith Real Estate, LLC and are primarily used to support the Bennie Smith Funeral Home business located at 717 W. Division Street.” Staff Response: The IO Zone permits Business, professional, or governmental offices; Banks; Research, design, and development laboratories; Public and institutional uses including hospitals, medical clinics, libraries, police stations, courthouses, transit centers, schools, colleges, universities, places of public assembly, philanthropic and charitable institutions, parks, playgrounds, public indoor recreation centers, athletic fields; Public utility rights-of-way and structures necessary to serve areas within the city; Child day care centers, provided they are established in accordance with all applicable state regulations pertaining to child care and provided that they are established and maintained in accordance with article 5, section 14; Emergency shelters and transitional housing; Adult day care facilities provided they are established in accordance with all applicable state regulations pertaining to adult care and provided that they are established and

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 8 of 12 maintained in accordance with article 5, section 22. It also conditionally permits Firearm ranges, prisons, and correctional facilities; Public incinerators; and Hotels and restaurants. The proposed uses are considered as an Emergency Shelter and Charitable/ Philanthropic Institution. 2. The character of the immediate vicinity and the contained uses therein. Applicant Response: “Besides the adjacent dwelling located at 721 W. Division Street, this portion of Division Street is industrial/ commercial in nature. The property to the northeast is primarily used as limousine parking for the existing Bennie Smith Funeral Home business located at 717 W. Division Street. The adjacent parcel that is located to the west, zoned C-2A, is mostly a vacant lot with a small single story garage located in the back corner of the lot. The existing Capitol Cleaners – Emerald City Wash World Laundromat is located along the south side Division Street directly across from the proposed site. There are also several office buildings, a car wash and an automotive repair business located along the south side of Division Street in the vicinity of the proposed site.” Staff Response: The character of the immediate vicinity is predominately commercial with a variety of commercial and service establishments in the immediate vicinity. There is only one one-family residence in the vicinity located at 721 West Division Street. Immediately across the street is a Car Wash and Laundromat, and adjacent to the properties to the north is zoned M (Manufacturing Zone). 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: “Please refer to Exhibit A. The Central Delaware Housing Collaborative intends to redevelop the subject properties, Parcel 32 and 34 into a 3-story 12-unit transitional housing apartment building. The existing single family dwelling located on Parcel 32 that has approximately 8 bedrooms that will also be used as transitional housing. Removing the restrictions that are requested in this application will not seriously affect or impact the neighboring properties. Both parcels located to the east and west are mostly vacant lots. The parcel located to the east, 723 W. Division Street, is currently a vacant parcel and the parcel located to the west, 811 W. Division Street, is mostly a vacant parcel except for the 1-story garage located in the back of the lot. Except for the building height restriction, all of the other restrictions that we have requested are internal to the proposed development and will not be visible from the neighboring properties. In order to meet the perimeter access fire marshal code we have provided a 15’ side yard buffer along the east side of the proposed building which is 5’ greater than the required side yard setback of 10’.” Staff Response:

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 9 of 12 Staff does not think that removing these restrictions would have any adverse effect on the neighboring properties or uses. As noted, the proposed uses are permitted. The main obstacle faced by the applicant for redevelopment of the properties is the COZ-1 (Corridor Overlay Zone) provisions. On larger parcels of land stringent requirements of the COZ-1 for setbacks, landscaping and open space are more easily applied. The applicant is proposing this development on two (2) parcels of land that will share a common entrance drive. Staff believes the applicant has done well to mitigate any impact that the requested variances may have on the exterior of the site. Instead, they are proposing a development that would utilize the variances on the interior of the sites as much as possible, specifically to minimize any impact on neighboring properties. Additionally, the building at 801 West Division Street is to remain and its current building placement and existing site improvements (parking areas) are legal nonconforming to a number of COZ-1 provisions. Staff also notes that the neighborhood was subject of a corridor planning study in 2015 which resulted in the Division Street/ Forest Street: Dover Capital Gateway Plan and Design Book. This plan includes various recommendations for revitalizing the Division Street corridor, including ones related to urban design and land use. On page 12 of the Plan, one of the Guiding Principles and Objectives laid out states: Create an aesthetically pleasing, welcoming, and vibrant gateway to the Capitol District that has a defined sense of place and attracts positive activity. To achieve this objective, a series of action items are proposed: -Increase habitable, inhabited properties and reduce dilapidated, vacant properties -Increase community and economic activity in the area -Improve comfort and safety of visitors and residents -Expand and improve greenspace / recreational facilities that provide opportunities during and outside of daylight hours -Create visually attractive streetscapes through landscaping, utilities, signage, and other infrastructure -Provide a visual landmark/monument The proposed building at 731 West Division Street has the potential to further the first, second and fifth objectives on this list. A Community Preference Survey was taken as part of the Plan, which found that survey participants would prefer to see three (3) to four (4) story buildings along the Division Street corridor. Changing the code to limit buildings in the corridor to this height is therefore part of the Implementation Plan of the Dover Capital Gateway

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 10 of 12 Plan and Design Book. Allowing the height variances for Central Delaware Housing Collaborative’s building would be in keeping with the goals of the Plan. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Response: “If the restrictions are not removed there will be unnecessary hardship on the equitable owner by severely limiting the size and number of transitional housing units that would be permissible on the subject parcels. Exhibit A is currently showing the minimum number of units on Parcel 34 that are needed in order to make the project economically feasible. If the owners are required to reduce the building width in order to meet certain landscape buffer requirements the proposed number of apartment units will be severely reduced thereby severely reducing the viability of the project.” Staff Response: Staff acknowledges that the applicant has communicated that the number of units is needed at twelve (12) to make this overall project financially viable for the group. The applicant has also further communicated that the only way to accommodate that number of units to increase the height of the building to 3 stories. As with any residential development within the City of Dover, the number of dwelling units provided demands a requisite number of parking spaces to be accommodated. Therefore, the number of dwelling units needed to make the project financially viable for the applicant directly relates to the variances requested. Staff believes that the applicant is asking for the minimum variances necessary in order to achieve this. In most instances they are providing the required elements of sidewalks, landscaped buffer areas and open spaces with just reductions in widths. Staff also acknowledges that some of the variances are related to existing building placement, the location of a shared entrance drive/ fire lane, and the need to keep the two properties as separate parcels due to project ownership and financing. Variance Recommendations Staff recommends approval of the variances as described above for reasons as follows: • The proposed use for an Emergency Shelter and Charitable/ Philanthropic institution is in keeping with the nature and allowable uses in the IO Zone. • The properties are currently vacant and in poor condition and this redevelopment (reuse of an existing building and a new building) would constitute a significant investment in the area. • Development of the property as proposed would be in keeping with the goals of the 2015 Division Street/Forest Street: Dover Capital Gateway Plan and Design Book. • If the variances for either the number of stories, building height or setback and buffer widths were not granted, the applicant would be greatly restricted in the

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report Page 11 of 12 availability of floor space to provide for their needs and subsequent parking requirements. 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. • Improvements to the property are subject to Site Development Plan approval processes through the Planning Commission, and appropriate permits from the City of Dover Department of Planning & Inspections and other agencies.

V-19-08 Lands of Central Delaware Housing Collaborative at 731 & 801 West Division Street Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Map Exhibit 1 (Staff) B Applicant Responses to Criteria 3 C Site Plan of Existing Properties 1 (Applicant)

City of Dover, DE Department of Planning and Inspections __ Area Variance P.O. Box 475, Dover, Delaware 19903 __ Use Variance (302) 736-7010 Fax: (302) 736-4217 __ Appeal �, ww.otyofdow1.com __ Pre-App Date Board of Adjustment Application Application Information 731 & 801 West Division Property Address: _______ ________ Street, Dover ,___________ DE 19904 _ 2-05-076.08-01-34.00-00001 & 2-05-076.08-32.00-00001 Tax Parcel Number: ---------------------------- Central Delaware Housing Collab 0 wner Name: _______________________________ Property Zoning: _Institutional ____________ and Office (IO) ________________ See detailed description pages 1-3 attached Variance (s) Requested: _________________________ *Provide eight (8) copies of any survey, drawings, photos, site plan, etc. that may help support your application, and your response to the criteria. The criteria for a use variance and appeal are on the back of the form. Area Variance An area v ance shall be evaluated on the following criteria: Please state how your request meets each of these four (4) criteria. ·1. The nature of the zone in which the property lies; 2. The character of the immediate vicinity and the contained uses therein; 3. Whether, if the restriction upon the applicant's property were removed, such removal would seriously affect neighboring properties and uses; and 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. Signature Dan Houghtaling ___ __ __ ________do affirm that I am the property owner on which the variance is sought and that all the information provided in this application is accurate to the best of my knowledge and belief. Signature Title Date BOA Application. -Adopted 11-3-10

City of Dover Exhibit A Application No.: V-19-08 Department of Planning & Inspections IPM M C-3 C-3 t ely S M Ridg r ton D Wes IO C-2A IO Site C-2A t ion S Divis C-3 C-1A Forest S t RG-1 C-1 IO C-1A RG-1 Title: Central Delaware Housing Collaborative Address: 731 and 801 West Division Street Parcel IDs: ED-05-076.08-01-34.00-000 Legend ED-05-076.08-01-32.00-000 Zoning: IO (Institutional and Office Zone) Subject Property COZ-1 (Corridor Overlay Zone) Dover Parcels Owner: Delaware Housing Collaborative Date: 09/11/2019 Zoning 2012 Buildings Kent County Parcels « 0 75 150 300 Feet Dover Boundary