1-15-20 BOA paperless packet

CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, January 15, 2020 at 9:00 AM City Hall, Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of September 18, 2019 Meeting COMMUNICATIONS & REPORTS 1. Reminder: The next Board of Adjustment regular meeting is scheduled for February 19, 2020 at 9:00am in the City Council Chambers. 2. 2020 Schedule of Board of Adjustment Meetings and Deadlines. NEW BUSINESS Applicant #V-20-01 414 and 422 North New Street. Church of the Holy Cross has requested a variance from the requirements of the Zoning Ordinance, Article 5 §4.7 of the Zoning Ordinance pertaining to permitted sign types and maximum permitted sign height, to allow construction of a 12-foot 9- inch tall archway sign on the grounds of Holy Cross Cemetery. Subject properties are zoned ROS (Recreation and Open Space Zone). The Tax Parcels are ED-05-067.20-03-02.00-000 and ED-05-067.20-03-01.00-000. The owner of record is Church of the Holy Cross. 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 18, 2019 A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, September 18, 2019 at 9:00 A.M. with Chairman Sheth presiding. Members present were Chairman Sheth, Mr. Keller and Colonel Ericson. Mr. Senato and Mr. Hufnal were absent. Staff members present were Mr. Swierczek, Mr. Hugg, Mrs. Harvey, City Solicitor Mr. Rodriguez, and Mrs. Savage-Purnell. APPROVAL OF AGENDA Mr. Keller moved to approve the agenda as submitted. The motion was seconded by Colonel Ericson and unanimously carried 3-0. Mr. Senato and Mr. Hufnal were absent. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF AUGUST 21, 2019 Mr. Keller moved to approve the meeting minutes of August 21, 2019 with the necessary corrections. The motion was seconded by Colonel Ericson and unanimously carried 3-0. Mr. Senato and Mr. Hufnal were absent. OPENING REMARKS CONCERNING APPLICATIONS Mr. Dave Hugg, Planning Director stated that the meeting today will be conducted in accordance with the Agenda. There are two (2) applications 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 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

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 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. 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. Mr. Hugg mentioned that Application V-19-07 under Old Business at the request of the applicant will not be heard today. They have asked to have some additional time to reassess the layout and take into account the comments from both the Board and Staff. The application is postponed at the request of the applicant. Mr. Keller moved to postponed application V-19-07. The motion was seconded by Colonel Ericson. The motion unanimously carried 3-0. 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 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. 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 September 8, 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. 2

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 Mr. Swierczek gave a summary presentation of the Variance Application Request for a variance 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 summary included references to the Staff Report on the Application. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Representative: Mr. Herbert Konowitz, Treasurer, Central Delaware Housing Collaborative and Mr. Brian Turner, Design Consultant, Mountain Consulting Inc. Mr. Herbert Konowitz and Mr. Brian Turner were sworn in by City Solicitor Mr. Rodriguez. Mr. Turner testified that with the building height on the submitted plans the goal is to provide twelve (12) units and the only way to do that is to provide a three (3) story building on the property. With the shared property line between 731 and 801 West Division Street, providing a buffer along that property line would not be feasible with the drive aisle and the parking situation that is shown along that shared property line; therefore, we have requested a waiver. With the layout and the goal of providing the twelve (12) units, we are trying to make the requirements for the IO Zone, as best we could as well as making everything to fit and along with still meeting the Fire Marshals requirements for the fire lanes and the separation between the buildings and the fire lanes. Colonel Ericson mentioned that he counted twelve (12) different variances. He asked if the applicant were to combine the two lots, which was stated that they were not, could they design the facility that would serve the purpose without getting all the variances. Mr. Turner replied that potentially the center variance would have gone away to not have to provide the buffer along the shared property line between 731 and 801 West Division Street. Due to the Collaborative’s, financial obligations and the deal with the owners of 801 West Division Street, we just could not combine the two (2) properties. Colonel Ericson asked what was exactly going into the emergency shelter verses the apartment building. Mr. Konowitz replied that he would give some background information on the situation. There is a tremendous need in Dover for housing for women. It has not been addressed and we attend to address it. He is the Vice-Chair of the Dover Interfaith Mission for Housing. The Board of Directors of Dover Interfaith Mission for Housing decided that they did not want to go any further as far as helping out with the problem in Dover. They wanted to concentrate on Dover Interfaith Mission for Housing. They spun off another company which is the 501c3 and it has a separate Board of Directors. The project at 731 West Division Street is a building which 3

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 they thought they would be using for transitional housing. Unfortunately, over a period of time the building has been ransacked, which is amazing to him because the Police Department never picked it up. Copper, toilets, sinks, carpets, and anything that had value was removed from the building. They came to the decision of demolishing the building due to the break-ins and building a more modern facility that will have twelve rooms and rent will be charged. The rooms (apartments) will be offered to twenty women who are financially able to pay rent. Without the facility it will be difficult to make the whole thing work. We are proud to step up to the front and they feel confident that they can make it work. Presently, Dover Interfaith Mission for Housing is home to 126 men and they have been in business for 12 years. It is strictly a volunteer organization except for the overnight supervisors. This new building will be running the same way. Mr. Keller asked if Mr. Konowitz was a principal in AID in Dover Inc. Mr. Konowitz replied no. Mr. Keller asked if he was in the Collaborative? Mr. Konowitz replied yes, he is the Treasurer. He added that he did not know a lot about the organization AID in Dover Inc., but it was started many years ago and due to finances and other issues they had to close their doors and walk away from the property. We had to invest money to fix the frozen pipes and we have been fortunate to get together with the Delaware State Housing Authority and taking over a loan which basically never needs to be paid back as long as it is ran as a shelter. Chairman Sheth asked who was financing is it Delaware State Housing Authority? Mr. Konowitz replied that there is a $220,000 loan to AID in Dover and we are taking that over. The idea is if we keep running it as a shelter it will never need to be paid back. We just received a grant from the Longwood Foundation in the amount of $150,000. Mr. Hugg mentioned for clarification that is part of the reason the two properties could not be combined because the terms of the loan would be violated. The loan is specific to the project at 801 West Division Street. This is the reason the two properties must remain separate. To get to the engineering consultant’s point, that forces then a variance that relates to the center driveway or aisle which would have otherwise been part of their normal parking. The real variance is for the 3-story building and 39-foot height, the width of the sidewalk in front of the fire lanes and the layout of the site. Colonel Ericson asked why they needed 12 units. Mr. Konowitz replied that financially it is not feasible if they do not get the 12-units. If we end up with 2 floors instead of 3 floors it is not viable. Colonel Ericson asked the applicant if he was stating that he could not build the property if he was restricted to 2-story. Mr. Konowitz replied that is correct. Mr. Keller asked about the number of parking spaces laid out on the Plan on the northwest corner behind 801 West Division Street for which there has been a variance request of the required 5- feet of open space down to 0-feet. As a parking space he is thinking with that close proximity to that property line if you would park your vehicle there and open the door and slam it into the fence on the next neighboring property with a 9-inch clearance. Mr. Turner replied that the parking configuration is shown as it is now behind the house. That existing parking extends over 4

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 the property line which they are pulling back. It is not an ideal situation to have the pavement go that close to the northern property line. The configuration shown on the 801 West Division Street parcel is behind the house has not been changed much. A lot of the changes and improvements are happening on 731 West Division Street. It is not ideal, but there is not a fence currently on that side of the parcel. Hopefully, we are improving it by pulling the parking back and having all the parking on their property. Mr. Keller stated that he was not sure if he followed Mr. Turner exactly on those comments. It shows a 10-foot side yard at the rear of 801 West Division Street. Unless it is simply a practical matter if someone parks their car in there, he asked Mr. Turner if that was what he was saying. Mr. Turner replied that the 10-foot side yard is for building and not paving or vehicles. There was a brief conversation regarding the 10-foot side yard. Mr. Keller asked Mr. Swierczek if the parking place was deleted, is there a required minimum number of parking places that would be obligated otherwise along that property? Mr. Swierczek replied that this was discussed with the applicant. Mr. Turner replied that there is a minimum parking requirement (27) for the new apartment building that is being proposed. This is a waiver that will be requested if the application goes before the Planning Commission to have the parking requirements reduced from 27 to 13. Since the residents that will be staying there temporarily and since it is transitional or emergency housing, they don’t typically own vehicles. Therefore, 10-13 parking spaces will certainly be adequate for the proposed use. There will be a couple of permanent residents that will be staying to look after both facilities. Mr. Konowitz mentioned that at the other facility located at 684 Forest Street in which he is involved, they have thirty-five (35) men present every night and they only have four (4) cars parked in the parking lot that they own. The other facility on 1155 Walker Road have twenty- three (23) men and four (4) cars in the parking lot. Most do not have vehicles due to finances. Chairman Sheth asked what the social economic impact around the surrounding area of the project was. Mr. Konowitz replied that the surrounding area around that building is Bennie Smith Funeral Home. Mr. Smith owns the rest of the property. Mr. Keller asked Mr. Swierczek if there was on street parking available along that portion of West Division Street. Mr. Swierczek replied that he believed that portion of West Division Street is under construction at the current time. He is not sure what the final configuration will be. He believes before there was on street parking previously, but it does not appear that there will be on-street parking once DelDOT have completed their project. Mr. Keller mentioned that they are currently reconstructing the sidewalk along that area and he frequently sees cars parked along that side of West Division Street which could be associated with Bennie Smith Funeral Home (temporarily parking only). Mr. Konowitz mentioned that on the west side of Weston Drive (the area that joins the school) you cannot park in that area because the area is designated for school buses only. Mr. Keller asked how successful the applicant contemplated being with the Planning Commission with the reduction of the number of available parking spaces. Mr. Turner replied with the examples that were just mentioned and the number of parking spaces they really do not anticipate the residents using the parking spaces that will be provided. We hope that we will be 5

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 successful. Mr. Swierczek added to address the parking situation that generally speaking for apartments or apartment style buildings, Code requires that parking spaces be provided at a rate of 2.25 per unit. However, the type of construction of this facility would be considered apartments and the use considered by the City of Dover Planning Office is a charitable institution and that will be part of the arguments in favor of getting the waiver from the Planning Commission. Colonel Ericson asked if the residents in the apartment be single females or do you anticipate family? Mr. Konowitz replied that the anticipation looking into the future is converting it into a family situation. We are not starting off with women and children because it is difficult. We want to start off with some strength and make sure we are running properly and then the intention is to bring in families. Mr. Hugg asked for clarification that this is still transitional and/or emergency housing and they will not be permanent housing. This will help them get on their feet and ultimately move on. Mr. Konowitz replied that is correct. We have five (5) facilities and two of which we rent and the other three (3) we do not rent. That is the way they are and have been very successful. Dover Interfaith facilities are located on Fulton Street, Water Street, Ross Street, Forest Street, and Walker Road. It is interesting to note that we are the only ones that take sex offenders in the entire State. We have never had a problem with the community. Mr. Keller recalled the comments by Mr. Hufnal at the last meeting regarding the sequencing of approvals by the Planning Commission and/or the Board of Adjustment. If the Board of Adjustment was to approve it total as it was submitted today and the Planning Commission subsequently disapproves of the Plan, then the Board would have granted a variance in perpetuity for that real estate. He asked if the Board of Adjustment actions were dependent just upon subsequent Planning Commission submissions for approval until one is finally perhaps approved where upon these variances could take place. Chairman Sheth replied that in past experiences, the Planning Commission likes to have a clear variance before they take any action(s). There was a case in the past with Walgreens on Route 8 where the Planning Commission approved, and the Board of Adjustment disapproved; this nullified the Planning Commission actions. Since that time Planning Commission decided to have the variance decision first from the Board of Adjustment. Mr. Hugg clarified that any variance approved by the Board of Adjustment is only good for a year if the work has not commenced. Should the Planning Commission deny that particular layout and if nothing else happens the variance would expire a year from now on its own. So, it is not in perpetuity. He agreed that it is a little bit of a convoluted system and he is not sure that any one solution is any better than the other, but rest assured that the Board of Adjustment variance is a moot point if the Planning Commission says no. He recognizes that the Board are giving a variance to something that the Planning Commission might ultimately say no, we do not like that 13th parking space and take it out; then the variance pretty much becomes a moot point. 6

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 Chairman Sheth asked Mr. Keller to look at the Advisory Comments to the Applicant as he referred to them “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.” Mr. Keller thanked Chairman Sheth and mentioned that he was aware of the provision. Chairman Sheth opened the public hearing. Chairman Sheth closed the public hearing. Chairman Sheth questioned if there was any additional correspondence for the record. There was none. Colonel Ericson moved to approve variance application V-19-08 based upon the testimony given and the Staff Report. The motion was seconded by Mr. Keller. The motion unanimously carried 4-0. 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. Mrs. Harvey gave a summary presentation of the Variance Application Request for 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). They are requesting that the variance would allow the structure to exceed the maximum height requirement by 11 feet for an overall height of 164 feet. Chairman Sheth questioned if there was any member present who had a conflict of interest and there was none. Representatives: Mr. Michael Stone and Ms. Jessica Stone, owners. Mr. Michael Stone and Ms. Jessica Stone were sworn in by City Solicitor Mr. Rodriguez. Ms. Stone testified that they do two-way communications for, school districts, public utilities, 7

CITY OF DOVER BOARD OF ADJUSTMENT SEPTEMBER 18, 2019 ambulance companies, and business communications. The equipment change with the new antennas was to get a broader range of people’s radio services. In order to keep the savory, it needs in place the shorter antenna did not provide as much coverage. Colonel Ericson asked how much more coverage the applicant would get with the new antenna. Mr. Stone replied that it was more of a frequency change. The applicant needed a 17-foot antenna that sticks 14-foot above the tower. If the applicant slid the antenna down, it would only be 3-foot above; then the radiation elements would radiate into the tower and the coverage would severely be degraded. Mr. Keller asked for clarification that the tower structure itself would not be changed and if it will remain in place as is. Mr. Stone replied correct. Mr. Keller asked if the antenna was the only change. Mr. Stone replied yes. Mr. Swierczek asked if the applicant could confirm the overall height of the structure with the new antenna installed. Mr. Stone replied the overall height is 164-feet. Colonel Ericson asked if the previous structure was 180-feet. Mr. Stone replied yes, before he purchased the property there was previously a 180-foot tower. Mr. Keller asked if the new antenna as shown on Exhibit E to be two (2) separate singular poles. Mr. Stone replied yes, it will be two (2) separate antennas and the bars going across are mounts. Chairman Sheth opened the public hearing. Chairman Sheth closed the public hearing. Chairman Sheth questioned if there was any additional correspondence for the record. There was none. Mr. Keller moved to approve variance application V-19-09 as submitted particularly in light of the City’s Report, Exhibits and comments submitted by the applicants. The motion was seconded by Colonel Ericson. The motion unanimously carried 4-0. The meeting was adjourned by Colonel Ericson and seconded by Mr. Keller at 9:51 A.M. Sincerely, Maretta Savage-Purnell Secretary 8

CITY OF DOVER BOARD OF ADJUSTMENT FINAL 12-27-2019 Schedule of application deadlines and Board of Adjustment meeting dates for the year of 2020. The submittal procedures for the Board of Adjustment are outlined in Zoning Ordinance, Article 9, Section 3. Prior to application submission a pre-application meeting with Planning Staff is required. MONTH DEADLINE DATE MEETING DATE JANUARY 12/13/2019 01/15/2020 FEBRUARY 01/17/2020 02/19/2020 MARCH 02/14/2020 03/18/2020 APRIL 03/13/2020 04/15/2020 MAY 04/17/2020 05/20/2020 JUNE 05/15/2020 06/17/2020 JULY 06/12/2020 07/15/2020 AUGUST 07/17/2020 08/19/2020 SEPTEMBER 08/14/2020 09/16/2020 OCTOBER 09/11/2020 10/21/2020 NOVEMBER 10/16/2020 11/18/2020 DECEMBER 11/13/2020 12/16/2020 JANUARY 12/18/2020 1/20/2021 For Information Contact: City of Dover Department of Planning 15 Loockerman Plaza P.O. Box 475 Dover, DE 19903 (302) 736-7196 (302) 736-4217 Fax www.cityofdover.com

City of Dover Board of Adjustment January 15, 2020 V-20-01 Location: 414 and 422 North New Street (archway proposed for entrance off of Clara Street frontage) Applicant/Owner: Church of the Holy Cross Tax Parcel IDs: ED-05-067.20-03-02.00-000 and ED-05-067.20-03-01.00-000 Application Date: December 4, 2019 Present Zoning: ROS (Recreational and Open Space Zone) Present Use: Cemetery Proposed Use: Cemetery Reviewed By: Julian Swierczek, Planner I Variance Type: Area Variance Variance Requested: Variance to permit a sign type (an archway sign) not allowed by the Zoning Ordinance and to permit a sign height of 12 feet 9 inches, above the 7-foot maximum allowed on an Urban Collector street

V-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report Page 2 of 7 Project Description The properties together known as Holy Cross Cemetery occupy the entirety of the city block bound to the south by Clara Street, to the west by North Queen Street, to the north by William Street, and to the east by North New Street. Wesley College Sports Field are immediately across North Queen Street to the west. The applicant is requesting an area variance from the requirements of the sign regulations in Zoning Ordinance Article 5 §4.7 to allow an archway sign, a sign type not addressed by the Zoning Ordinance, and to allow an increase in the maximum height for a freestanding sign located on frontage of an Urban Collector street and located adjacent to a residential zoning district. The height would be increased from a maximum of seven (7) feet to a proposed twelve feet, nine inches (12’9”). The use of the property as a cemetery is a permitted use within the ROS (Recreational and Open Space) Zone. Adjacent Zoning and Land Use The subject property is zoned ROS. The immediately adjacent properties across Clara Street to the south and North Queen Street to the west are zoned IO (Institutional and Office Zone). To the west is the Wesley College Sports Fields, and to the south is the National Guard Armory. The properties across North New Street to the west are zoned RG-1 (General Residence Zone) and contain a mixture of residential types from one-family residential dwellingsto multiple dwelling unit Garden apartments. The parcels across William Street to the north are zoned R-8 (One- family Residence Zone) and all appear to be one-family residences. A Zoning Map exhibit (Exhibit A) prepared by staff is attached to this report showing the subject property location and surrounding zoning. Code Citations 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 permitted, non-residential use located adjacent to a residential zone as defined by Article 3 §30.29 and Article 5 §4.3 of the Zoning Ordinance. The City of Dover sign regulations distinguish three (3) types of roads for purposes of determining allowable signage. Clara Street is an “Urban Collector” as defined by Article 5 §4.3. The entire “Sign Table” from Zoning Ordinance Article 3 §4.7 is presented in Exhibit B. The section pertaining to this project is highlighted in the middle of the table.

V-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report Page 3 of 7 This section is what applies to “Nonresidential Uses adjacent to Residential Districts or Uses” as shown in the vertical text on the left. It shows the sign types, maximum number of signs, sign area, sign height, and minimum required setbacks and exclusion zones for signs on properties fronting “Urban Local/Collector” streets. The provisions of the Zoning Ordinance in Article 3 §30.7, related to signs for permitted uses in the ROS district, refer to the provisions of the Sign Regulations in Zoning Ordinance Article 5 §4. When referring to the “Sign Table” in Exhibit B, and the listing of specific Sign Types allowed for “Nonresidential Uses Adjacent to Residential Districts or Uses,” the code does not list archway signs as a permitted sign type. Because archway signs are not listed, there is no specific height limit for them; however, all other freestanding signs for this location are limited to seven (7) feet in height. Archway signs are not specifically defined in Article 5, §4.3 of the Zoning Ordinance or in any other section. Based on shape, the sign is somewhat similar to a post and panel sign; however, post and panel signs are typically contemplated to be much smaller than the sign proposed, and are not intended for people or vehicles to pass under. Proposed Signage The applicant has submitted renderings of the proposed sign (Exhibit C) as well as an image showing the proposed sign in its broader context (Exhibit D). The sign is 16 feet 3 inches wide by 12 feet 9 inches tall and displays the words “Holy Cross Cemetery” along with a Cross at the center on the arch. The arch is affixed to two posts on either side, similar to a post and panel sign, but is tall and wide enough to walk and drive under. The applicant has noted on the drawings provided that the sign area is to be 22.61 SF. The maximum sign area for most signs in this location is 32 S.F. (see Exhibit B). The sign would be located at the southern frontage of the overall site facing Clara Street. At this location there is currently the main driveway entrance leading into the cemetery. The sign would straddle the existing driveway entrance. See Exhibit D for the proposed configuration of the sign over the driveway. The applicant has also submitted a photo of the recently added archway sign over the entrance to Lakeside Cemetery as a further visual aid (Exhibit F) 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.

V-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report Page 4 of 7 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. (Exhibit G) 1. The nature of the zone in which the property lies. Applicant Responses: “The cemetery is zoned ‘recreational open space’. The property is a privately-owned church cemetery, and is a historic landmark, celebrating the 150th year in 2020, as the only Catholic cemetery in Kent County. The usage will never change.” Staff Response: As previously noted by Staff, cemeteries are a permitted use in the ROS district. No change of zoning is required to permit the sign. Nor would any other zoning districts in the City be more permissive with regard to sign types and height given the location of the property. 2. The character of the immediate vicinity and the contained uses therein. Applicant Responses: “The cemetery is landlocked by four city streets. The properties to the north (William St.) and east (N. New St.) of cemetery are currently residential comprised of an apartment complex and single-family homes. The property to the west (N. Queen St.) is the Wesley College Stadium. The U.S. Army Reserve Center is on the south side (Clara St.) of the property. The proposed sign will face the Reserve Center.” Staff Response: The properties in the immediate vicinity of the site are evenly distributed between both residential and institutional uses. The proposed location of the archway sign is to be facing the Reserve Center which is zoned IO (Institutional and Office Zone). There are residential zones and uses within 200 feet of the subject site to the east along Clara Street.

V-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report Page 5 of 7 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Responses: “We do not feel removing the restriction would have any negative affect on the surrounding properties. The proposed sign structure would be non-illuminated and installed above the existing pillars. The design is simple, attractive and non-obtrusive. Rather than detract, we feel this would enhance the character of the neighborhood.” Staff Response: Staff agrees with the applicant in that there is no foreseen negative impact on neighboring properties. The proposed sign is utilizing existing brick pillars on either side of the existing main entrance driveway to the cemetery. Furthermore, the applicant has identified that there is no proposed illumination of the sign, so there should be minimal impact to the neighboring 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. Applicant Responses: “We are looking to enhance the beauty of the cemetery while at the same time clearly identify the property. The raised sign will also allow people to quickly identify the entrance and reduce the possibility of vehicles entering via the exits and causing congestion. Parishioners that have retired and moved into the area have driven past the cemetery not realizing that it belongs to Holy Cross. The type of archway sign is a common characteristic of cemeteries throughout the country. Because of the proximity to Clara Street, there is not room to place a sign in the ground at that entrance.” Staff Response: While any sign could properly display the name of the cemetery, based on the applicant’s submission it appears that an archway sign would be a nod to the traditional way of doing so. Prohibiting the archway sign would therefore restrict the applicant from making “normal improvements in the character of the use of the property.” Staff does not believe the omission of archway signs from the Zoning Ordinance is due to any local animus against them, but may rather be an oversight in the writing of the Sign Regulations. Their omission could be on account of them, for the most part, being specific to the unique nature of cemetery uses. Future iterations of the Sign Regulations could specifically address archway signs and the appropriate contexts for them. Staff notes that granting a variance for sign type without also granting a variance for sign height would be impractical, as an archway sign limited to seven feet in height would have its lower edge too low to permit passage of people or vehicles. If archway signs are

V-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report Page 6 of 7 addressed in future iterations of the Sign Regulations their dimensional restrictions will most likely be different from those applying to other freestanding signs. Variance Recommendations: Staff recommends approval of the variance for the archway sign with increase in maximum height from seven (7) feet to thirteen (13) feet nine (9) inches for reasons as follows: ● The proposed sign is in keeping with the character and nature of the use as a cemetery. ● The proposed sign is not anticipated to seriously impact surrounding uses. ● Archway signs are omitted rather than specifically prohibited in the Zoning Ordinance, and their omission appears to be an oversight rather than a deliberate act to serve a local public purpose. ● Limiting the sign height to seven feet would impose a hardship because people and vehicles would be unable to pass under the arch. Advisory Comments to Applicant: ● 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-20-01 Holy Cross Cemetery Archway Sign Board of Adjustment Report APPENDIX/ATTACHMENTS GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A Zoning Exhibit Map 1 (Staff) B “Sign Table” reproduced from Zoning Ordinance 1 Article 5 §4.7 (Staff) C Rendering of proposed sign 1 (Applicant) D Proposed sign in broader setting 1 (Applicant) E Site Plan noting location of proposed sign 1 (Applicant) F Image of Archway Sign over entrance to Lakeside 1 Cemetery (Applicant) G Applicant Responses 1 (Applicant)