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Paj 1
CITY OF DOVER BOARD OF ADJUSTMENT
AGENDA
Wednesday, June 15, 2016 at 9:00 AM
City Hall Council Chambers
15 Loockerman Plaza, Dover, Delaware
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES of May 18, 2016 Meeting
OLD BUSINESS
Applicant #V-16-05
385 Saulsbury Road. Family Dental Associates c/o Christoper A. Nacrelli has requested a variance from the
requirements of Article 6 §3.1 and §3.11 of the Zoning Ordinance for parking as related to the maximum
allowed parking for the proposed use. Subject property is zoned C-PO (Commercial and Professional Office
Zone) and subject to the COZ-1 (Corridor Overlay Zone). The Tax Parcel is ED-05-067.19-02-02.06-000.
The owner of record is Christopher A. Nacrelli. At its meeting of May 18, 2016 the Board of Adjustment
conducted a public hearing regarding this case but deferred action because a representative was not present.
NEW BUSINESS
Applicant #V-16-06
1310-1324 Forrest Avenue. Margaret H. Johnson has requested a variance from the requirements of Zoning
Ordinance Article 3 §27.66 pertaining to the maximum allowed height of buildings located with the COZ-1
(Corridor Overlay Zone). Subject property is zoned C-2A (Limited Central Commercial Zone) and subject to
the COZ-1. Tax Parcels are ED-05-076.10-01-01.00-000, ED-05-076.10-01-02.00-000, ED-05-076.10-01-
03.00-000, ED-05-076.10-01-04.00-000, ED-05-076.10-01-04.01-000. The owner of record is Margaret H.
Johnson.
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.
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CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
May 18, 2016
A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, May 18,
2016 at 9:00 A.M. with Chairman Sheth presiding. Members present were Colonel Ericson, Mr.
Senato, Chairman Sheth, Mr. Hufnal and Mr. Keller.
Staff members present were Mrs. Townshend, Mrs. Purnell, Mr. Diaz, and City Solicitor Nick
Rodriguez.
APPROVAL OF AGENDA
Colonel Ericson moved to approve the agenda as submitted, seconded by Mr. Keller and
unanimously carried 5-0.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES
OF APRIL 20, 2016
Mr. Senato moved to approve the meeting minutes of April 20, 2016 with any necessary
corrections with the condition that the language reference be verified on the recording and
verified if necessary, seconded by Mr. Hufnal and unanimously carried 4-0. Mr. Keller
abstained.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATION
Mrs. Townshend, Director of Planning and Community Development stated that the meeting today
will be conducted in accordance with the agenda. There are 2 agenda items: one deferred item
under Old Business, and one new item under New Business. The application file will be read, and
the floor will be opened for questions of the applicant by the Board and for public testimony. If
the Board needs to consult the City Solicitor, they will adjourn 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 applications on this agenda was completed in accordance with code
requirements. The meeting agenda was posted in accordance with Freedom of Information Act
requirements.
NEW BUSINESS
Applicant #V-16-04
131 Nob Hill Road. Wayne S. Lipscomb has requested a variance from the requirements of Zoning
Ordinance Article 4 §4.1 pertaining to required off-street parking in the R-8 (One-Family Residence
Zone) as it relates to Zoning Ordinance Article 6 §3.2 stipulating how areas for parking are
computed. The Tax Parcel is ED-05-77.07-06-97.00-000. The owner of record is Wayne S.
Lipscomb.
Mrs. Townshend Exhibits for the record: Staff report and plans submitted by the applicant. Legal
Notice was published in the Delaware State News-on May 8, 2016. The public was notified in
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
accordance with regulations.
Mrs. Townshend gave a brief overview of the application.
Responding to Colonel Ericson’s question as to what point does the Office look to make sure
there is a Certificate of Occupancy, Mrs. Townshend stated that with a residential structure
before it is allowed to be occupied a Certificate of Occupancy is issued. The difference with this
property is it was used as a model home. Typically, a Temporary Certificate of Occupancy is
granted for the use of a model home, but she was not sure why this property did not have a
Temporary Certificate of Occupancy. Upon reviewing the paperwork Planning approval was the
only outstanding issue.
Responding to Colonel Ericson’s question whether most builders are aware that a Certificate of
Occupancy is a requirement before transferring, Mrs. Townshend stated yes, but again this
property transitioned from the original builder to when the development was acquired and then to
the current owner.
Mrs. Townshend stated that when a Temporary Certificate of Occupancy is issued the conditions
are listed in order for it to become a Final Certificate of Occupancy. One of those items would be
restoring the garage to a garage use.
Representative: Mr. Brandon Jones, Attorney.
Mr. Jones stated that everything listed in the report is what occurred. The company that built the
house and used as a model transferred the property in 2011. Afterwards, the company went
bankrupt. This is how some of the items fell through the cracks and there was no Certificate of
Occupancy issued. Several years passed before Mrs. Lipscomb brought the property. In the
contract for the purchase of the property there was mold remediation, repairs, etc. This was
typical of buying a used house and there was nothing that alerted them that this was technically a
new house.
Presentation
Color Photo of the stone facing property.
Mr. Jones stated that there are clearly two (2) off-street parking spaces and both of them cannot
be in the front yard. The driveway seen in the photo is more than adequate for the two (2) off-
street parking spaces. He has been ensured by Mrs. Lipscomb that there have been no complaints
the entire time that she has owned the property and as far as he is aware the City has had no
complaints. The only reason this has come to light is because the City was cleaning out records.
Mrs. Townshend stated that the office received a couple of phone calls and inquiries at the
counter, but once the situation was explained people did not seem at all concerned. She could not
say for sure, but the impression she received from the people that it was not going to affect their
property directly.
Mr. Jones stated that this is a hardship that was not created by the current owner. This was an
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
innocently come-by, with a bankruptcy in the middle of it which probably contributed majorly to
it falling through the cracks. To correct this as we refer to the photo would be a major and
significant expense to someone who currently has a mortgage and other living expenses and
cannot afford something of that nature. He stated that he brought a house that had a nice room
that could be used for living space and had no clue that it was supposed to be a garage and it was
required to be converted over for no reasonable purpose that he can think of and it would truly be
a hardship for the current owner.
Responding to Colonel Ericson’s question of the estimated cost to convert the garage, Mr. Jones
stated that he did not know exactly, but it would be thousands of dollars and not hundreds of
dollars.
Responding to Chairman Sheth’s question whether during the settlement, title search, or title
insurance is there a standard requirement, Mr. Jones stated that the standard of practice in the
community at the present time when you deal with new construction you know that you get a
Certificate of Occupancy and release of mechanics liens each time. However, when you buy an
existing (used) house that is not new construction you do not inquire whether a Certificate of
Occupancy has been issued.
Responding to Chairman Sheth’s question whether the title insurance company was involved
when something like this happens, Mr. Jones stated no, it is not part of what is insured. There is
no insurance that covers the lack of a Certificate of Occupancy. This is universal throughout the
community. Mr. Rodriguez stated that he agreed 100%.
Representative: Mrs. Wayne Lipscomb, Owner
Mrs. Wayne Lipscomb was sworn in by Mr. Rodriguez.
Mrs. Lipscomb agreed to adopt all the facts stated by Mr. Jones. She testified that she had read
all of the material for the application and accept it as part of her testimony. She also read and
accepts the report submitted by City Staff.
Chairman Sheth opened the public hearing.
Chairman Sheth closed the public hearing after seeing no one wishing to speak.
Chairman Sheth questioned if there was any member present who had a conflict of interest and
there was none.
Chairman questioned if there was any additional correspondence for the record. There was
none.
Mr. Keller stated that any number of times he has seen new development taking place and it is not
uncommon to have a model home with a driveway leading to what appears to be ultimately a
garage or originally planned to be a garage, but it is in fact used as a model home sales office. He
agreed with Mr. Jones that no doubt it would be very expensive to reconvert facing and interior of
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
that particular room back to a garage. He would like clarification that in fact that this was perhaps
an oversight since through the normal Building process a plan submitted knowing that there is a
requirement for the off-street parking of the two spaces and how it would progress with
construction on an interim basis, he asked if it was occasionally temporary, Mrs. Townshend stated
that normally for a model home a Temporary Certificate of Occupancy is granted. From the model
home perspective, the garage is the logical place for the sales office. She was not aware of any
other cases where they have had issues with that being converted back to the garage. Mr. Jones is
correct that the bankruptcy caused it to fall through the cracks. Normally when the phase is finished
the model home becomes occupied. In this case everything kind of died for a number of years. At
that point the office also had turnover and the people that were involved was no longer with the
city. This is certainly not the fault of the applicant and she is obviously directly affected.
Colonel Ericson stated that looking at the property and if he was going to be the second buyer he
would assume that everything had been approved and would not have known that there was a
required Certificate of Occupancy. When you look at the property with the brick on the front, two
(2) doors, and windows it looks like a permanent structure. Mrs. Townshend agreed.
Colonel Ericson stated that he did not see any fault of the individual buyer to have to pay any sort
amount of money to change it and it would be unreasonable.
Chairman Sheth stated that he agreed with Colonel Ericson. As he stated previously why this was
not found during the second settlement or title search. He has no problem in this case and asked if
the Board would be setting a precedent.
Mr. Rodriguez stated that the Board of Adjustment would not be setting a precedent because it is
a different situation completely. The property changed hands from the original developer, went
through bankruptcy and was then purchased. He did not think that any attorney would look at it
and say that they had to get a check for a Certificate of Occupancy for this building. If you grant
the Variance, when writing it up it could show as not being precedential.
Chairman Sheth gave an example of a similar situation on 348 North DuPont Highway when it
was sold and refinanced seven (7) times. When he was ready to purchase the property there was
an auction to lease and buy the property and it never cleared. No one wanted to review the title
insurance, therefore he went to the previous insurance company regarding owners title insurance
and not mortgage title insurance.
Mrs. Townshend stated that it has brought two (2) things to her attention that the city needs to
tightened up, (1) how the city deals with model homes and be consistent, (2) more regular follow-
up on expired Certificate of Occupancies and items that never made it to Certificate of Occupancy
paperwork. This was a number of years between the paperwork on file and the information of the
current owner.
Responding to Mrs. Townshend’s question of the length of time the owner has owned the property,
Mrs. Lipscomb stated since 2013.
Mrs. Townshend stated that this has identified a couple of areas where the city needs to tighten up
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
the process which will be done.
Responding to Mr. Hufnal’s question whether if the variance is approved will a Certificate of
Occupancy be issued so this issue does not come up again, Mrs. Townshend stated yes, it could be
issued today.
Mr. Keller moved to approve application V-16-04 and grant the variance in order to permit the
existing driveway within the front yard setback to be counted as sufficient for meeting the
requirement for two (2) off-street parking spaces based principally on the evidence and testimony
given today, as well as the documented information provided by the City Staff. The motion was
seconded by Mr. Senato and unanimously carried 5-0.
Applicant #V-16-05
385 Saulsbury Road. Family Dental Associates c/o Christoper A. Nacrelli has requested a
variance from the requirements of Article 6 §3.1 and §3.11 of the Zoning Ordinance for parking
as related to the maximum allowed parking for the proposed use. Subject property is zoned C-PO
(Commercial and Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone).
The Tax Parcel is ED-05-067.19-02-02.06-000. The owner of record is Christopher A. Nacrelli.
Mrs. Townshend Exhibits for the Record: Staff report and plans submitted by the applicant.
Legal Notice was published in the Delaware State News - on May 8, 2016. The public was
notified in accordance with regulations.
Chairman Sheth stated that the Board would continue the case in absence of the applicant.
Mrs. Townshend stated that the applicant is not present today. This is a variance similar to what
has been considered in the past. The 25% over the minimum parking required for smaller parking
lots. The smaller parking lots create a real challenge especially with medical offices where they
have a lot of turnover and need parking. This sometimes leaves them under parked. This has
been identified as one of the ordinances that the City will be working on to correct during this
calendar year, but it has not yet been corrected. Typically, the Board has not heard cases without
the applicant being present, but it would certainly be the option of the Board to do so. It has been
noticed for public hearing.
Mr. Keller stated that in the past he has been one to note that the Board should take a pause with
the absence of the applicant and/or a duly appointed representative where there is written
authorization for representation in the owner’s absence. He had questions that could not be
answered due to the applicants’ absence.
Colonel Ericson stated that no vote should be taken on the application without the applicant
being present in all fairness.
Mr. Rodriguez stated that since it has been properly advertised the Board could hold the public
hearing.
Chairman Sheth opened the public hearing.
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
Chairman Sheth closed the public hearing after seeing no one wishing to speak.
Chairman questioned if there was any additional correspondence for the record. There was
none.
Mrs. Townshend stated that there was a neighbor by the name of Gail Nemcic who called the
office on May 11, 2016 around 10:00 A.M. She owns the property at 910 Walker Road adjacent
to the subject property. She has no objection to the granting of the variance per se, but
commented that the area of the proposed parking does periodically back up after heavy rains.
There is a storm water drain of some sort there, as shown on the plans. She just wanted to
register her concerns regarding that issue. Mr. Cook informed her that he would convey her
concerns regarding that issue if she was not present for the public hearing. He also explained to
her that the project would be reviewed by Kent Conservation District as part of the
Administrative Site Plan process and that he would convey her concerns also to Kent
Conservation District and the site engineer who would have a say over required site design with
regard to storm water management.
Mr. Keller noted that the existing drain would be within one of the proposed new parking spaces.
It may or may not have some comprising effect on that one parking space. In adequacy of the
drain. Mrs. Townshend stated that it would be something that the engineer could answer.
Chairman Sheth questioned if there was any member present who had a conflict of interest and
there was none.
Mr. Senato moved to table application V-16-05 until the next meeting because applicant was not
present. The motion was seconded by Mr. Hufnal and unanimously carried 5-0.
Colonel Ericson commented that in the case V-16-05 that was just discussed in the Variance
Recommendation it is stated that “While a variance request must demonstrate uniqueness and
exceptional practical difficulty associated with a specific property, and for these reasons past
decisions are not necessarily precedential,” the Board goes out of their way to make sure that
each decision made is based on a unique circumstance. For example, if a decision made in the
past may or may not be set up a precedent and he thought this could open the Board up for legal
actions later on if it was disapproved. He would like to see those word not used in the reports.
Mrs. Townshend stated that it states “not necessarily precedential” and Colonel Ericson stated
“not necessarily” but maybe. Mrs. Townshend stated right. Colonel Ericson stated that he would
like to keep that out of the wording. Mrs. Townshend stated okay.
Colonel Ericson stated that if the applicant comes up and states that this was done then it would
have to be examined. Mrs. Townshend stated right. This one in particular there is a code issue
that has been identified by the Board and Staff that is creating the problem.
Colonel Ericson stated that it needed to be explained during the meeting because he has no
problem with it.
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CITY OF DOVER BOARD OF ADJUSTMENT MAY 18, 2016
Mr. Keller stated that Table 1 was missing from the report V-16-05 on page 3 of 7.
Mrs. Townshend stated that she will make sure Table 1 is in the report at the next meeting.
Mr. Hufnal moved to adjourn the meeting, seconded by Mr. Senato and unanimously carried 5-0.
Meeting adjourned at 9:41 A.M.
Sincerely,
Maretta Savage-Purnell
Secretary
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MEMORANDUM
Department of Planning & Inspections
P.O. Box 475
Dover, Delaware 19903
Phone: 302.736.7196 Fax: 302.736.4217
DATE: June 8, 2016
TO: Board of Adjustment
FROM: Planning Office
SUBJECT: Application V-16-05, June 15 meeting
A public hearing for Application V-16-05 was held at the Board of Adjustment meeting of May 18,
2016. Because the applicant was not present the Board deferred action to the June meeting.
The staff report previously distributed is attached with no changes. At the May meeting it was noted
that Table 1 referenced in the report on page 3 was omitted. The table is included below:
Table 1
Off-Street Parking Calculations
385 Saulsbury Road (V-16-05)
Parking Spaces
As Required by Floor Area (1)
Existing Structure (S.F.) 3,818
Required 13
Maximum Permitted 17
As Required by Employee Count
Number of Employees 12
Required 12
Maximum Permitted 15
Requested
Existing Parking (legal non-conforming) 20
Four (4) Additional Spaces 4
Total Requested 24
(1) Code requi res the grea ter of ei ther ca l cul a tion method
Paj 10
City of Dover
Board of Adjustment
May 18, 2016
V-16-05
Location: 385 Saulsbury Road
Applicant: Troy Adams, Mountain Consulting
Owner: Christopher A. Nacrelli
Tax Parcel: ED-05-067.19-02-02.06-000
Application Date: April 19, 2016
Present Zoning: C-PO (Commercial and Professional Office Zone)
Present Use: Dental Office
Reviewed By: Bill Cook
Variance Type: Area Variance
Variance Requested: To allow an increase to exceed the maximum parking spaces
permitted for medical offices.
Paj 11
V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
Page 2 of 7
Project Description
The applicant is requesting a variance from the Zoning Ordinance requirements of Article 6
§3.1 and §3.11 for parking as related to the maximum allowed number of parking spaces
for the use as medical offices. The applicant proposes to expand an existing parking lot to
add four (4) additional parking spaces, bringing the total parking spaces to 24.
Background
At some time in the winter crushed stone was put down by a contractor on the site adjacent
to the existing parking area, and a code violation was issued (case #16-00000310). While a
Building Permit for the parking lot improvement was subsequently applied for (#16-246),
it could not be issued because the surface is not a "hard paved dust-free surface" as
required by the Zoning Ordinance.
Because of the proposed increase in impervious surface area, an Administrative Site Plan
application must be submitted, and the parking area must be constructed in accordance
with the requirements for parking areas with regard to dimensions of spaces, width of
drive aisles, striping, and surface material.
The applicant is seeking a variance to allow an increase in the permitted parking spaces so
that an Administrative Site Plan can be subsequently submitted and reviewed to bring the
property into compliance.
Adjacent Land Uses
Refer to the Zoning Map (Exhibit A). The property is located on Saulsbury Road just south
of the intersection with Walker Road. The area is a mix of residential, office, and
retail/commercial uses. Immediately surrounding the subject property are other office
buildings zoned C-PO (Commercial and Professional Office Zone), and the vacant property
across Saulsbury Road is also zoned C-PO.
Diagonally across the intersection is the Hamlet Shopping Center, zoned SC-1
(Neighborhood Shopping Center Zone). Properties on the north side of Walker Road east of
the intersection and the east side of Saulsbury Road are zoned R-7 (One Family Residence
Zone) and are occupied by houses.
This property and surrounding properties are within the COZ-1 (Corridor Overlay Zone).
This overlay zone includes additional provisions related to building design, landscaping,
and parking layout, however the COZ-1 is not pertinent to this application with regard to
the requested parking variance.
Code Citation
The use as a dental office is considered a professional office and is permitted in the C-PO
zone as outlined in Zoning Ordinance Article 3 §26.1(a).
The “Zoning Bulk and Parking Regulations” found in Zoning Ordinance Article 4 §4.14 for
parking in the C-PO zoning district requires the greater of one (1) off-street parking space
per 300 S.F. of floor area or one (1) parking space per employee. Calculations under the
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V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
Page 3 of 7
provisions of Zoning Ordinance Article 6 §3.1 for “Medical Offices-All types” are the same as
the zoning district regulations for parking.
Zoning Ordinance Article 6 §3.11 states that “the maximum number of parking spaces shall
not exceed 25 percent over the number of parking spaces required by the code.”
Table 1 shows a summary of the required, maximum, and requested parking provisions for
the site under the existing and proposed scenarios for the site.
Exceptional Practical Difficulties Tests
Zoning Ordinance Article 9 §2 dictates the specific powers and duties of the Board of
Adjustment with regard to granting variances. Specifically the Board must determine:
2.1 Variance – The board shall have the authority to authorize variances from provisions of the
Zoning Ordinance that are not contrary to public interest where the board determines that a literal
interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical
difficulties to the applicant. In granting variances, the board shall determine that the spirit of the
Zoning Ordinance is observed and substantial justice is done.
2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards,
signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers,
and dimensions. In considering a request for an area variance, the board shall evaluate the
following criteria and document them in their findings of fact:
(a) the nature of the zone in which the property lies;
(b) the character of the immediate vicinity and the contained uses therein;
(c) whether, if the restriction upon the applicant’s property were removed, such removal
would seriously affect neighboring properties and uses; and
(d) whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make normal
improvements in the character of that use of the property that is a permitted use under the
provisions of the Zoning Ordinance.
Review of Application
As a part of the application, the applicant was asked to state how the requested variance
relates to the above three criteria. The applicant’s responses are provided below, along
with a staff assessment of the application in accordance with the required criteria.
1. The nature of the zone in which the property lies.
Applicant Responses:
“The property is in a C-PO zone. The existing use as a dental office is permitted and
is classified as a business/professional office.”
Staff Response:
The C-PO zone permits business, professional or governmental offices, banks,
medical laboratories, and drive-in facilities accessory to any permitted use. Certain
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V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
Page 4 of 7
conditional uses are permitted when they are accessory to a permitted use on the
same lot, as well as residential uses including multi-family and one-family
residences.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Responses:
“The property is located on the east side of Saulsbury Road in close proximity to the
southeast corner of Walker Road and Saulsbury Road. The property is bounded by
vacant lands of the City of Dover on the North; lands of Steven Nemcic on the East;
lands of National Council on Agriculture on the South; and Saulsbury Road on the
West.”
Staff Response:
The vacant land to the north is an approximately 40-foot wide strip of land along the
Walker Road frontage owned by the City and designated as open space. The
properties to the east and south are office uses and similar to the subject property,
and of similar architectural style characterized by one-story structures with pitched
roofs. Styles and materials are somewhat residential in character. The structures
have yards with grass and asphalt paved parking lots behind them.
To the north across Walker Road and along McKee Road are one-family residences.
Diagonally to the northwest and across the intersection is a single-story shopping
center. A vacant property, offices, and a day care center are found across Saulsbury
Road and travelling south.
The property is in character with the surroundings, which could be described as
suburban mixed use with generous lawns and adjacent to a wide arterial street.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Responses:
“The subject property has no interconnectivity to any of the adjacent commercial
properties. The additional 4 spaces requested will not have an effect on neighboring
properties and uses.”
Staff Response:
Sole vehicular access to the property is from Saulsbury Road. The subject property
has sufficient space to allow for additional parking on site, and the proposed
placement of the parking does is not regulated by provisions of the COZ-1 (Corridor
Overlay Zone). The additional parking would not impact adjacent properties, and
would reduce the likelihood of visitors of the subject property seeking parking on
adjacent properties.
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V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
Page 5 of 7
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:
“Parking facilities are very important for both staff and patients. Convenient parking
can have a favorable influence on patients' perceptions of a dental office. Dental
offices typically require more parking spaces due to the frequency of appointments
throughout the day. The peak period is from 10am to 2pm. Four (4) employees
consistently park in the gravel area to accommodate the patients. There are times
that patients have to park at the adjacent parking lot to the south. The rule of thumb
for determining the number of parking spaces needed for a dental office is to
multiply the number of treatment rooms by 1.5 and add in the number of staff
parking spaces. There are eight (8) treatment rooms, one (1) x-ray room, and 12
staff members for a total requirement of 24 parking spaces. A parking count less
than 24 spaces will not allow the business to operate efficiently nor meet the
demand of patient traffic. This could negatively impact the long term sustainability
of the practice.”
Staff Response:
Staff concurs with the applicant’s statement of the necessity of parking due to the
volume of patients, number of staff, frequency of appointments and patient
turnover. A dental office functions in an intense and efficient space whereby the
demands for floor area within the structure do not align with the traditional parking
requirement calculation which is based on floor area.
The space demands of a dental office may be different than other medical offices.
The Zoning Ordinance makes no distinction between medical specialties or the
operational characteristics of different practices, thus the conventional calculation
method for parking based on building square footage may insufficient compared to
actual parking demand. Staff, the Board of Adjustment, and the Planning
Commission have all recognized the need to revisit parking regulations for certain
uses.
Variance Recommendation
Staff recommends approval of the variance for the increase in parking to a total of 24
spaces for reasons as follows:
The proposed variance would not be out of character for the zone and the
surrounding uses.
The parking proposed by the applicant is reasonable considering the demands of the
business as stated. The Zoning Ordinance does not differentiate between dental
offices and other types of medical or professional offices.
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V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
Page 6 of 7
While a variance request must demonstrate uniqueness and exceptional practical difficulty
associated with a specific property, and for these reasons past decisions are not necessarily
precedential, staff notes similarities with application V-14-11, Lands of Dover Family
Properties, LLC at 1084-1086 South State Street, approved by the Board of Adjustment at
its meeting of October 15, 2014.
The Board unanimously approved a variance to increase the parking for a smaller (2,730
SF) dental office with the same number of employees (12). The code requirement for that
property was minimum 10 spaces, maximum 13 spaces, with 23 total parking spaces
requested by the applicant and approved by the Board.
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 Administrative Site Development Plan
approval processes and appropriate permits from the City of Dover Department of
Planning & Inspections and other agencies.
Paj 16
V-16-05 Family Dental Associates at 385 Saulsbury Road
Board of Adjustment Report
APPENDIX/ATTACHMENTS
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A Zoning Exhibit Map 1
(Staff)
B Administrative Site Plan, proposed 1 (11” x 17”)
(Applicant)
Paj 17
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Title: Lands of Family Dental Associates
Address: 385 Saulsbury Rd
Parcel ID: ED-05-067.19-02-02.06-000 Legend
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Owner: Christopher A. Nacrelli
Dover Parcels
Date: 5/09/2016
Zoning
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Paj 18
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Attachments have been reduced from their
original size and resolution to allow 8.5” x 11”
printing and ease of transmission by email.
Paj 20
Exhibit A
City of Dover Application No.: V-16-06
Department of Planning & Inspections
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Title: Lands of Margaret Johnson Legend
Address: 1310/1324 Forrest Ave
Parcel ID: ED-05-076.10-01-01.00-000 Subject Property
ED-05-076.10-01-02.00-000
ED-05-076.10-01-03.00-000 Dover Parcels
ED-05-076.10-01-04.00-000
ED-05-076.10-01-04.01-000 Zoning
Zoning: C-2A, Corridor Overlay Zone
Owner: Margaret H. Johnson Corridor Overlay Zone
Date: 5/31/2016
2012 Buildings
« 0 125 250 500 Feet
Kent County Parcels
Wetland Areas
Paj 21
City of Dover
Board of Adjustment
May 18, 2016
V-16-06
Location: 1310/1324 Forrest Avenue
Applicant: IDE3 Associates, Inc.
Owner: Margaret H. Johnson
Tax Parcels: ED-05-076.10-01-01.00-000, ED-05-076.10-01-02.00-000,
ED-05-076.10-01-03.00-000, ED-05-076.10-01-04.00-000,
ED-05-076.10-01-04.01-000
Application Date: May 18, 2016
Present Zoning: C-2A (Limited Central Commercial Zone)
COZ-1 (Corridor Overlay Zone)
Present Use: Unoccupied former residential structures
Reviewed By: Bill Cook
Variance Type: Area Variance
Variance Requested: To allow in increase in the maximum permitted height in the
COZ-1 (Corridor Overlay Zone).
Paj 22
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 2 of 9
Project Description
The applicant is requesting a variance from Zoning Ordinance Article 3 §27.66(a)
pertaining to the maximum building height allowed in the COZ-1 (Corridor Overlay Zone).
The applicable provisions state “Buildings shall be limited in overall height to 35 feet and
shall not exceed two stories.”
The applicant proposes two new buildings on the site:
A one-story retail building located at the front of the site facing Forrest Avenue.
A four-story apartment building located behind the proposed retail building and
extending to the rear of the property.
A variance is requested to allow an increase in height from the maximum permitted two
stores to four stories to allow construction of the four-story apartment building as
proposed.
Exhibits B (6 pages) and C (8 pages) show the proposed site location, existing condition,
proposed site plan, and building elevations.
Any site development would be subject to the Planning Commission Site Development Plan
review processes and would require a parcel consolidation plan. The exhibits shown
should be considered preliminary as they relate to the site plan elements and architecture.
Adjacent Land Uses
Refer to the Zoning Map (Exhibit A). The property is located south side of Forrest Avenue
between June Lane and Independence Boulevard, across from Greentree Village shopping
center. The area is primarily a mix of commercial uses facing Forrest Avenue, including
restaurants, retail uses, and services. Within the immediate area residential uses are
typically located on streets feeding to Forrest Avenue and behind the commercial uses that
front Forrest Avenue.
The subject properties are the site of former residences which have since been demolished.
Former residences (now zoned commercial) can be found at various points along Forrest
Avenue, including the properties located immediately west of June Lane. Some are
residential structures still used as residences, while others are occupied by commercial
uses.
Code Citations
C-2A (Limited Central Commercial Zone)
Zoning Ordinance Article 3 §14 outlines uses permitted in the C-2A, which includes
apartments and multi-family dwellings. The “Zoning Bulk and Parking Regulations” in
Zoning Ordinance Article 4 §4.14 state that maximum permitted building heights in the C-
2A zone are:
75 feet and shall not exceed six (6) stories.
COZ-1 (Corridor Overlay Zone)
Paj 23
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 3 of 9
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.
Within the COZ-1, building heights are limited to 35 feet and shall not exceed two
(2) stories.
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.
Building Height
Zoning Ordinance Article 12 provides the following definitions related to height:
Height: The vertical distance measured from the average elevation of the finished
grade at the front of the building to the highest point of the roof for flat and mansard
roofs and to the mean height between [the] eave and ridge for other types of roofs.
Story: That part of any building, exclusive of cellars but inclusive of basements,
comprised between the level of one finished floor and the level of the next higher
finished floor, or if there be no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the top of the roof
beams.
Basement: A story in a building having a floor below the finished grade at any point
on the periphery of the building and having a structural ceiling level at least four
feet above the average finished grade along each side of the building facing a street
(see Cellar and Story).
Cellar: A space in a building with a structural ceiling level less than four feet above the
average finished grade along any side of the building facing a street.
Staff notes that buildings exceeding two (2) stories and/or 35 feet are present at various
sites on or near Forrest Avenue. This condition can exist for several reasons. Some
examples include multi-family housing, such as the 3-story Dover Country Club apartments
and Brandywine Court apartments/condos located on the north side of Forrest Avenue
near the intersection with Mifflin Road, are legal non-conforming and predate the COZ-1.
Woodmill Apartments, located adjacent to the subject properties, is three (3) stories, but is
not located in the COZ-1.
The Grande Apartments, located on the north side of Forrest Avenue near the intersection
of Saulsbury Road, is a senior apartment complex with buildings four (4) stories in height.
This project was approved through a PND (Planned Neighborhood Design – Senior Citizen
Housing Option) process whereby the Planning Commission has the ability to relax
requirements related to dimensional requirements “where the developer can demonstrate
that such action is desirable and consistent with the objectives of this ordinance and the
comprehensive plan.”
Paj 24
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 4 of 9
Dover High School is located within the COZ-1. At its meeting of September 16, 2010 the
Board of Adjustment granted a variance V-10-10 to allow construction of a three (3) story
building 60 feet in height with architectural features up to 85 feet in height.
Exceptional Practical Difficulties Tests
Zoning Ordinance Article 9 §2 dictates the specific powers and duties of the Board of
Adjustment with regard to granting variances. Specifically the Board must determine:
2.1 Variance – The board shall have the authority to authorize variances from provisions of the
Zoning Ordinance that are not contrary to public interest where the board determines that a literal
interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical
difficulties to the applicant. In granting variances, the board shall determine that the spirit of the
Zoning Ordinance is observed and substantial justice is done.
2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards,
signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers,
and dimensions. In considering a request for an area variance, the board shall evaluate the
following criteria and document them in their findings of fact:
(a) the nature of the zone in which the property lies;
(b) the character of the immediate vicinity and the contained uses therein;
(c) whether, if the restriction upon the applicant’s property were removed, such removal
would seriously affect neighboring properties and uses; and
(d) whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make normal
improvements in the character of that use of the property that is a permitted use under the
provisions of the Zoning Ordinance.
Review of Application
As 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.
1. The nature of the zone in which the property lies.
Applicant Responses:
“Section 27. - Corridor overlay zone 1 (COZ-1)
The corridor overlay zone (COZ) is established for the following reasons:
A. To promote superior urban corridor development and the highest quality
built environment;
B. To foster coordination and linkage among corridor properties and with
adjacent lands;
C. To preserve the functionality and efficiency of the roadway for traffic
movement; and
D. To achieve a visually balanced streetscape environment which is friendly to
the pedestrian and motorist alike.
Paj 25
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 5 of 9
Superior urban design. For the purposes of this ordinance the term "superior urban
design" shall meet the following criteria:
1. Superior urban design places a strict and primary importance on the pedestrian.
The concept should lend itself to interconnectivity while presenting building
structures as aspects of the street, not simply islands existing in the "sea of
roads". The design should encourage fewer car-trips, as well as promote
automobile trips on an interconnected local street system rather than trips that
utilize the arterials. In demonstrating superior urban design, an applicant must
show that the plan presented exceeds the requirements of the zoning ordinance
in at least two of the following areas:
A. Transportation amenities for bicycles, pedestrians and transit that exceed
those required by the zoning ordinance;
B. Architectural features including, but not limited to: LEED-certified buildings;
unique architecture not replicated in other locations; use of architectural
elements such as entry porticos, porte-cocheres, colonnades, cornices, porch
columns and balusters, band courses, coins, water tables and other trim that
enhances visual quality and function of the structure; and use of the highest
quality construction materials.
C. Landscaping that exceeds the requirements of this section, including robust
use of trees, shrubbery, and flowering plants to screen parked cars; water
gardens and ponds; arboretums; tree preservation measures;
D. Public spaces and art including, but not limited to, sculpture, memorials,
murals, public court yards and pocket parks, and fountains;
E. Green technologies for stormwater management, as well as green energy
technologies such as geothermal heating and cooling and solar energy
supplies.”
Staff Response:
The applicant’s response is near verbatim from the opening subsections of Zoning
Ordinance Article 3 §27 relating to the purpose of the COZ-1 (Corridor Overlay
Zone) and defining the criteria by which “superior urban design” is evaluated.
Staff reiterates that any site development plan related to the property is subject to
review by the Planning Commission. Review by staff and the Planning Commission
would evaluate future projects based on compliance with the Zoning Ordinance,
including the provisions of the COZ-1 as they relate to design requirements and
objectives for the zone.
The proposed four- story building is consistent with the C-2A zone, but inconsistent
with the requirements of the COZ-1.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Responses:
Paj 26
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 6 of 9
“The area on Rt 8 east and west of the proposed site is primarily commercial
properties with residential behind. (See drawing C1)”
Staff Response:
The immediate vicinity of the subject properties, as seen from Forrest Avenue, is
mostly commercial. The subject properties are south and across the street from the
Greentree Village shopping center. To the east of the subject properties is a
restaurant (Betsy Ross Pizza) and a retail store (Salvation Army, formerly a drug
store). To the west are 1 ½ story residential structures of undetermined use. The
subject site was previously occupied by similar structures. Farther west are a gas
station, automobile service business, and small shopping center. The property
abutting the subject property at the rear is Woodmill Apartments.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Responses:
“The proposed 4-story building is located in the center rear of site. It is 235' from
the road with a proposed 1-story commercial building between it and the road. The
east/west side property lines are 83.50' & 111.50' from the building. There is 120'
between it and the 3-story apartment complex located adjacent to the rear (south)
of the site. Visually we do not see this having a significant impact on anyone. The
increase of 49 residences will benefit the surrounding businesses many of which are
within walking distance via sidewalk.”
Staff Response:
Staff concurs with the applicant’s description of the site location, noting that visual
impact is somewhat subjective and further review would fall under the purview of
the Planning Commission and staff’s evaluation of a Site Development Plan upon
submission. The additional residences may be of benefit to surrounding businesses
and contribute to the economic vitality of the area.
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:
“The owner wishes to maximize the density of this parcel with multiple uses while
adhering to the COZ-1 requirements. The COZ only allowing 2 stories would require
the building footprint to spread making it difficult to combine Residential &
Commercial uses to work with each other in way that benefits the community.”
Staff Response:
The C-2A zone allows for a mix of uses, including apartments and multi-family
residential dwellings, one-family residential dwellings, and various commercial uses
Paj 27
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 7 of 9
such as retail stores, restaurants, service establishments, hotels, places of public
assembly, and offices.
Staff recognizes that there can be certain community benefits related to mixed-use
development, and the Zoning Ordinance supports this. However such issues would fall
primarily under the purview of the Planning Commission in their overall analysis of the
project, including review of compliance with objectives of the Comprehensive Plan
generally, and the C-2A and COZ-1 zoning specifically.
The limitation of two (2) stories would impose a challenge for this and other properties
and uses as it relates to the building footprint and also for the provision and location for
parking. However staff notes that while a two-story building height may force a building
footprint to “spread” over the lot, a four-story building would have a similar effect if it
can be assumed that a taller building would have more dwelling units or greater square
footage. This would force a greater requirement for parking which would similarly
consume lot area.
The applicants wish to maximize density does not qualify as an exceptional practical
difficulty. While the applicant introduces a point that density on the site is difficult to
achieve due to the COZ-1 restriction on height, and that such restriction makes it
difficult to combine uses in a way that benefits the community, the exceptional practical
difficult has not been supported as it relates to the limitation on height.
Paj 28
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
Page 8 of 9
Variance Recommendation
Staff recommends denial of the variance for the increase in height to a total of 4 stories for
reasons as follows:
The application has not demonstrated exceptional practical difficulty as it relates
specifically to the limit on height and the ability to make improvements to the
property that are permitted by the Zoning Ordinance.
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 and appropriate permits from the City of Dover Department of Planning &
Inspections and other agencies.
Paj 29
V-16-06 Lands of Margaret Johnson at 1310/1324 Forrest Avenue
Board of Adjustment Report
APPENDIX/ATTACHMENTS
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A Zoning Exhibit Map 1
(Staff)
B Location Map, Existing Plan, Site Plan, 6 (11” x 17”)
Renderings, proposed
(Applicant)
C Site Plan, Floor Plan, Elevations, proposed 8 (8.5” x 11”)
(Applicant)
Paj 30
IDE3 ASSOCIATES
Exhibit B
CONSULTING
ENGINEERS
Exhibit B
CONSTRUCTION
MANAGERS
106 W. COMMERCE ST
SMYRNA, DE 19977
Tel: 302 659-9090
Fax: 302 659-0909
Email: ed@i3allc.com
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SITE LOCATION
04/28/16
1:400
C1
Paj 31
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΅ͲΉ͑ͲʹͶͽ͔͑͘Τ 106 W. COMMERCE ST
CONSTRUCTION CONSULTING
04/28/16
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Tel: 302 659-9090
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ͣͦͨͧͤ͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡
ͣͦͨͧͥ͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡ Fax: 302 659-0909
ͣͦͨͧͥ͢͢͢͢͞͡͞͡͡͞͡͞͡͡͞͡͡͡͡ Email: ed@i3allc.com
Paj 32
΄Ά·ͶΊ͑ͫ
ͼͶʹͶ͑ͶͿͺͿͶͶͺͿ͑ͺͿʹ͙͚͑ͣͦ͢͡
IDE3 ASSOCIATES
΅ͲΉ͑ͲʹͶͽ͔͑͘Τ 106 W. COMMERCE ST
CONSTRUCTION CONSULTING
04/28/16
ͣͦͨͧ͢͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡ SMYRNA, DE 19977
C3 1:40
ͣͦͨͧͣ͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡
Tel: 302 659-9090
MANAGERS
ENGINEERS
ͣͦͨͧͤ͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡
ͣͦͨͧͥ͢͢͢͞͡͞͡͡͞͡͞͡͡͡͞͡͡͡͡ Fax: 302 659-0909
ͣͦͨͧͥ͢͢͢͢͞͡͞͡͡͞͡͞͡͡͞͡͡͡͡ Email: ed@i3allc.com
Paj 36
Exhibit C
Paj 37
ROGELIO GAYTAN
9279 LEONARDO AVE.
EL PASO, TEXAS 79907
455' - 4"
TEL. 915.329.6188
25' - 0" 250' - 0" 89' - 0 1/2" 50' - 0" 41' - 4" designfracto@gmail.com
A301
!
5' - 0"
8' - 0"
4
A300
60' - 1" 4
77' - 0"
17' - 0"
A301 3 RETAIL UNITS 140' - 0"
1 A301
(1-STORY)
(7- UNITS)
UP UP UP
APARTMENT BUILDING
FORREST AVENUE
A300 3 (4-STORIES)
66' - 0"
2 A300
236' - 0"
(48- UNITS)
261' - 0" UP UP UP 261' - 0"
6' - 3" 8' - 9"
15' - 0"
20' - 1"
1
2
64' - 0" 24' - 0"
A300
147 PARKING SPACES A301
20' - 0"
34' - 0"
25' - 0"
247' - 10" 207' - 6"
455' - 4"
SITE PLAN
1
1" = 20'-0" SHEET:
SHEET NUMBER:
A000
Paj 38
ROGELIO GAYTAN
9279 LEONARDO AVE.
EL PASO, TEXAS 79907
TEL. 915.329.6188
designfracto@gmail.com
!
250' - 0" 1
A200
23' - 9" 10' - 3" 35' - 6" 35' - 6" 10' - 3" 35' - 6" 35' - 4" 10' - 2" 30' - 5" 23' - 4"
2
A200
3
A200
UP UP UP
REF.
33' - 1"
DW
DW DW DW DW DW DW
WH WH WH WH
WH WH
REF. REF. REF. REF. REF. REF. WH
66' - 0"
REF. REF. REF. REF. REF. REF.
WH WH WH WH
DW DW DW DW DW DW
32' - 11" UP UP UP
LEVEL 1- FLOOR PLAN
1
3/32" = 1'-0"
SHEET:
SHEET NUMBER:
A100
Paj 39
ROGELIO GAYTAN
9279 LEONARDO AVE.
EL PASO, TEXAS 79907
TEL. 915.329.6188
designfracto@gmail.com
!
239' - 6"
23' - 5" 10' - 3" 35' - 6" 35' - 6" 10' - 3" 35' - 9" 35' - 1" 10' - 2" 43' - 7"
4
A200
DN DN DN
UP UP UP
33' - 1 1/2"
WH
DW DW DW DW DW
WH WH WH WH
REF. REF. REF. REF. REF. REF.
66' - 1"
DW
REF. REF. REF. REF. REF. REF. DW
WH WH WH WH
DW DW DW DW DW
32' - 11 1/2"
UP UP UP
WH
DN DN DN
LEVEL 2, 3 & 4- FLOOR PLAN
1
3/32" = 1'-0"
SHEET:
SHEET NUMBER:
A101
Paj 40
35' - 4 1/2"
11' - 5" 12' - 4 1/2" 11' - 7"
30' - 5"
23' - 0" 12' - 8 1/2" 10' - 6 1/2" 7' - 2"
12' - 9 1/2" 10' - 2 1/2"
4' - 0"
5' - 9 1/2"
10' - 11"
15' - 6 1/2" 17' - 4 1/2"
ROGELIO GAYTAN
11' - 1" 9279 LEONARDO AVE.
9' - 1 1/2" 25' - 1 1/2"
EL PASO, TEXAS 79907
TEL. 915.329.6188
designfracto@gmail.com
REF.
34' - 8"
32' - 11"
29' - 11" 29' - 11"
4' - 1"
32' - 8"
!
2' - 3" 29' - 11" 7' - 1 1/2" 4' - 3 1/2" 8' - 8" 3' - 9" 11' - 7"
12' - 6"
3' - 11 1/2" 8' - 9" 10' - 6 1/2" 7' - 2"
DW
6' - 2 1/2" 9' - 2 1/2"
6' - 0 1/2"
DW
DW
13' - 3 1/2" WH
6' - 6" 6' - 6 1/2" 8' - 9 1/2"
8' - 1 1/2"
WH 7' - 6 1/2"
REF.
WH
REF.
8' - 3" 4' - 6 1/2" 0' - 2 1/2" 10' - 0"
23' - 0" 23' - 3" 7' - 2"
30' - 5" 8' - 6 1/2" 6' - 0 1/2" 16' - 3" 4' - 6"
35' - 3 1/2"
1 BEDROOM UNIT A 1 BEDROOM UNIT B 2 BEDROOM UNIT
3 2 1
1/4" = 1'-0" 1/4" = 1'-0" 1/4" = 1'-0"
43' - 3 1/2"
23' - 4" 6' - 2" 13' - 9 1/2"
3' - 0" 3' - 0"
9' - 2 1/2"
12' - 8 1/2"
20' - 7"
WH
6' - 2"
32' - 11" 32' - 11"
9' - 10" 4' - 3" 9' - 6 1/2" 6' - 8 1/2"
4' - 0 1/2"
3' - 2 1/2"
10' - 6" 10' - 6"
9' - 1 1/2"
REF. SHEET:
DW
3' - 8" 15' - 8" 6' - 6" 3' - 6" 13' - 11"
43' - 2 1/2"
2 BEDROOM CORNER UNIT
SHEET NUMBER:
4
1/4" = 1'-0"
A200
Paj 41
ROOF
44' - 0"
Level 4
33' - 0"
ROGELIO GAYTAN
Level 3 9279 LEONARDO AVE.
22' - 0"
EL PASO, TEXAS 79907
TEL. 915.329.6188
designfracto@gmail.com
Level 2
11' - 0"
!
Level 1
0' - 0"
EAST ELEVATION
1
3/32" = 1'-0"
ROOF
ROOF 44' - 0"
44' - 0"
Level 4
Level 4 33' - 0"
33' - 0"
Level 3
Level 3 22' - 0"
22' - 0"
Level 2
Level 2 11' - 0"
11' - 0"
Level 1
Level 1 0' - 0"
0' - 0"
NORTH ELEVATION SOUTH ELEVATION
2 3
3/32" = 1'-0" 3/32" = 1'-0"
ROOF
44' - 0"
Level 4
33' - 0"
Level 3
22' - 0"
Level 2
11' - 0"
Level 1 SHEET:
0' - 0"
4
WEST ELEVATION
3/32" = 1'-0"
SHEET NUMBER:
A300
Paj 42
ROGELIO GAYTAN
Level 1 Level 1
0' - 0" 0' - 0"
9279 LEONARDO AVE.
EL PASO, TEXAS 79907
EAST ELEVATION- RETAIL
TEL. 915.329.6188
NORTH ELEVATION- RETAIL 2 designfracto@gmail.com
1 3/32" = 1'-0"
3/32" = 1'-0"
!
Level 1
0' - 0" Level 1
0' - 0"
SOUTH ELEVATION- RETAIL WEST ELEVATION- RETAIL
3 4
3/32" = 1'-0" 3/32" = 1'-0"
SHEET:
SHEET NUMBER:
A301