Transcript: Board of Adjustment Meeting

Dawn Melson-Williams

Good morning, everyone. This is Dawn, the host for the City of Dover's uh Board of Adjustment. It is Wednesday, August 19th, uh just after 9:00 a.m. Uh welcome.

Dawn Melson-Williams

I first want to uh note that we are conducting this meeting um in person in City Council Chambers and it is also being presented virtually using the Webex platform.

Dawn Melson-Williams

Um to start with, I'd like to introduce the members of the board and the staff that are present here in the room. Um beginning with the Board of Adjustment members, uh to my right we have the board chair, Mr. Richard Senato.

Dawn Melson-Williams

Here on the floor, moving from my immediate left, is Ron Coburn, who serves as the vice chair. Uh Ms. Carolyn Brinkley. Um Mr. Holmes is uh not here with us today. Uh hence, the vacant seat there. And then we have Mr. Bud Wagner as the fifth member of the Board of Adjustment.

Dawn Melson-Williams

Uh staff that is present in the room includes uh myself, I'm Dawn Melson-Williams, the principal planner for the city's planning office. Uh behind me is Miranda Pernell, who serves as the secretary to the board, and legal counsel for the board is the city solicitor, uh Dan Griffith, to my far right. Additionally, we have other members of the planning staff that includes uh Chris Galzano, who's joined our office as a planner II, uh and Alex Dewey, who is a planner I, uh who is assisting with the presentation uh that uh this morning.

Dawn Melson-Williams

Uh so welcome. Thank you for joining this meeting of the Board of Adjustment. Um as noted, we're here in City Council Chambers and presented using the Webex audio. Uh so if there are any members that or members of the public that join us, uh that information for how to join online or by phone was presented on the agenda for this meeting, as posted on the city's website at www.cityofdover.gov under the city meetings calendar.

Dawn Melson-Williams

Uh if anyone has difficulty or questions uh about the meeting, we ask that you call the planning office at 302-736-7196. Uh if any individuals join us online, um we will provide guidance and how to participate in the public hearing and or the public general public comment period. Um In the case of any written correspondence, we'll also identify that as part of the meeting proceedings.

Dawn Melson-Williams

Uh with that, I will um ask that the secretary complete the formal roll call to determine attendance and so that we make the firm that a quorum is present.

City Clerk

Mr. Wagner?

Bud Wagner

Present.

City Clerk

Mr. Holmes?

City Clerk

Ms. Brinkley?

Carolyn Brinkley

Present.

City Clerk

Mr. Coburn?

Ron Coburn

Present.

City Clerk

Mr. Senato?

Richard Senato

Present.

Dawn Melson-Williams

Uh Mr. Chair, having the roll call completed, you have four members of the Board of Adjustment present. That is a quorum to conduct business. I turn the meeting over to you.

Richard Senato

Thank you. Can we all stand and say the pledge allegiance of the flag, please?

Richard Senato

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Richard Senato

Going into motion to adopt the agenda, uh I would like to make a change to the to the agenda. Adding a short discussion on the rules of procedure, and inclusion of application deadlines. Can I have a motion?

Ron Coburn

I make a motion to adopt the agenda with the uh addition of the

Richard Senato

Motion made by Mr. Coburn, do I hear a second?

Carolyn Brinkley

Second, Carolyn Brinkley.

Richard Senato

By Ms. Brinkley. Any questions?

Richard Senato

All those in favor All those in favor by saying yes? Yes.

Bud Wagner

Yes.

Carolyn Brinkley

Yes.

Richard Senato

Those being none, the motion is carried.

Richard Senato

Any any uh are there any uh addition to change it? How it's hopping in this July meeting?

Richard Senato

Uh there being none, there being none, can I have a motion to accept the minutes?

Ron Coburn

I make a motion to accept the minutes of July 15th, 2020.

Richard Senato

Motion made to accept the minutes of July 15th, 2020. I hear a second?

Carolyn Brinkley

Second, the motion.

Richard Senato

Any discussion? None.

Richard Senato

All in favor by saying aye? Aye.

Bud Wagner

Aye.

Carolyn Brinkley

Aye.

Richard Senato

Oppose? Being none, it's accepted.

Richard Senato

Under the uh if they're just for the mind that it's a reminder of communications, the uh next meeting for the Board of Adjustment is September the 16th, 2020 at 9:00 a.m. in this chambers.

Richard Senato

Are there any items uh for the staff?

Dawn Melson-Williams

Uh thank you, Mr. Chair. This is uh Dawn with the planning office. Um as as noted, I wanted to formally introduce you to uh Chris Galzano, who has uh joined um the planning office as a planner II. Um this is his first meeting back with you all. Um he was previously a member of our staff um about a year ago. Uh so uh welcome back to Chris and you'll be hearing from him later today. Uh that's the only item I have from staff.

Dawn Melson-Williams

Uh your Board of Adjustment meeting for September, I would note that uh currently there are not any new agenda items uh in the form of applications, um but we shall see what uh transpires if there needs to be a meeting um held in September.

Richard Senato

Thank you. Is there any old business to be conducted at this time?

Richard Senato

Being none, we'll move on to the new business.

Richard Senato

I'd ask the uh planning staff uh uh speak to item number one on new business.

Dawn Melson-Williams

Uh thank you, Mr. Chair. Again, this is Dawn with the planning office. Uh the meeting today is being conducted in accordance with the agenda as you amended this morning. Um there is one variance application on the agenda under here under new business for consideration. Uh the application file will be referenced by title and then a summary presented by uh a member of the planning staff. Uh then an opportunity will be given to the applicant uh to present and then uh we will open the floor for questions of the applicant from the board.

Dawn Melson-Williams

Um after those initial questions, then a public hearing will be open for public testimony on this particular application. Uh if you're a member of the public and wish to speak during that um public hearing on the application, we ask that you raise your hand um and when the chair calls on you, uh you may step down to the podium uh and um please sign in, I believe there's a sign-in sheet there. Um for the record, we will need your name and address and we'll also uh like to know if you own property within 200 ft uh in which case you would have received a mailed notice of the meeting um this morning.

Dawn Melson-Williams

If any members uh of the public join us online, we will also provide them an opportunity to speak. Uh in making your statement, we ask that you be as brief as possible and that your statements are limited to the application that is before the Board of Adjustment this morning. Uh the board has uh the city solicitor here, with whom they may consult on legal matters. Uh

Dawn Melson-Williams

just to know if the applicant or members of the public must leave um the meeting early, then you can contact the planning office um at 736-7196 to learn of the board's decision. Uh there will be a formal notice of decision that will be prepared and uh sent to the applicants. Uh it is noted that approved variances expire after 1 year if the approved uh project or activity has not commenced.

Dawn Melson-Williams

All public notice for the item on this agenda was completed in accordance with the city's code requirements and will be noted specifically with that item. The meeting agenda for today was posted on um August 12th in accordance with the Freedom of Information Act requirements. Mr. Chair.

Richard Senato

Thank you, ma'am.

Richard Senato

We have uh the application V-20-05, Kings Cliffe Manufactured Home Park RV, increasing the RV lots variance request.

Richard Senato

Is there any conflict of interest amongst the members? Mr. Coburn?

Ron Coburn

Yes. Being that I was the code enforcement supervisor for this RV situation down at Kings Cliff, initiated, I feel that like that I should be recused, so I will recuse myself.

Richard Senato

I I appreciate your statement, and uh I I point you leave the meeting.

Dawn Melson-Williams

Um so moving to begin going ahead and um beginning with this application, V-20-05, uh Kings Cliffe Manufactured Home Park, um the RV lots uh variance request.

Dawn Melson-Williams

Uh just to to know, the legal notice for this application was published in the Daily State News on August 7th, and the property owners um within 200 ft of the subject site, uh so beyond the boundaries of the park, uh were notified by letter sent by the planning office in accordance with the established procedures for public notice. I would note that um for the record, the summary presentation that we're about to give along with the summary report, including the list of exhibits 1 through 4, and the applicant's exhibits A through D are entered for the record. Um we will now have a member of the planning staff uh summarize this variance request um and then um seek information from the applicant.

Dawn Melson-Williams

So, Chris, you can start.

Bud Wagner

Question.

Richard Senato

Uh yes, Mr. Wagner.

Bud Wagner

Do we have enough for a quorum?

Richard Senato

Sorry?

Bud Wagner

Do we have a quorum present?

Richard Senato

We do have a quorum present, sir. The minimum quorum is three. Yeah, yes, four.

Chris Galzano

All right, Mr. Chair and members of the board, before you today is an application for a use variance, V-20-05, for the Kings Cliffe Manufactured Home Park requesting to have additional RV parking.

Chris Galzano

The Kings Cliffe Manufactured Home Park is located just north of the Dover Air Force Base. It's uh its office's address as 1131 South Bay Road. Property is zoned MH and is partially subject to the AEOD noise zone A. All areas of this variance request are not subject to the airport enviro- zone.

Chris Galzano

This use variance is requesting to increase currently allowed number of recreational vehicle lots, spaces, on the property from the number granted by appeal, V-20-03 to 17 spaces, to 21, the request in this application, that had been historically used on the property.

Chris Galzano

Remind the board that this is a use variance, um thus there are some criteria that need to be met by the board and by the applicant in order to grant this variance.

Chris Galzano

Those include that there are a physical- that there are physical conditions of line of land that are peculiar to the land and not the result of the actions of the applicant or one of their predecessors.

City Staff

circumstances are such that strict application of the code will deprive the applicant of all reasonable use of the land or building for which the variances are requested and that the variance requested is the minimum uh to utilize the land, and that granting the variances will not represent substantial departure from the intent of code, will not be injurious to the neighborhood, change the neighborhood character, or be detrimental to the public welfare. The applicant has provided responses beginning on page 12 of your packet, and staff has responded below to each point as well. Staff has come to the conclusion that this proposal would meet the criteria and does recommend approval of the variances. Thank you.

Dawn Melson-Williams

So, Mr. Chair, that's the summary of the um the report on this request for the RV uh lot variances to add the four um RV lots to th- to this location. Uh we did note that the previous appeal heard several months ago authorized the 17 recreational vehicle sites um on the property, and they are uh before you today requesting the additional four. At this point in time, you can um hear from the applicant and they can further detail their request before you this morning.

Chairman Keller

The applicant, please, come to the podium. State your name and address.

Robert Schu

Good morning. My name is Robert Schu and I uh we own Kings Court Mobile Home Park.

Chairman Keller

Mr. Schu, can we swear you in please? Just one second. Raise your right hand. In this proceeding before the Board of Adjustment, do you swear to tell the truth, the whole truth, and nothing but the truth?

Robert Schu

I do.

Chairman Keller

Thank you, sir. You may proceed.

Robert Schu

Again, my name is Robert Schu and family owns Kings Court Mobile Home Park. I'd like to introduce family that's here today: my wife, Mary; my son, Graham; my other son, Corey, not flying today, so he's he's not on call. We also have our park manager who's here, who was here back in June when we normally were granted the 17 variances, along with two of our residents flying here today. We're here to speak today. Um I'd like to thank the board for your decision in June, 17th uh meeting where we approved the variances for 17, and like to thank the staff this afternoon's discussion helping secure the additional four uh lots. Done rather than reading through some of the questions and answers of that report, if there's any questions that I'll uh, but based on what I put in you see back on the staff, their recommendation to allow the four, which are not injurious, change um the requested uh just some of the area's proportions. So, any questions?

Chairman Keller

Any questions from the board members to the applicant?

Board Member

Question, Chairman Keller. The RV rentals, excuse me, are they uh long-term rentals or is or are or are they just rental for 6 months period? Because I remember reading something in code about a 6 month rental period for the RVs, or was I...

Robert Schu

I think the code is not 6 months, but I defer to the city attorney here who will opine on that.

City Staff

I don't know of anything in the code that limits rentals to just 6 months. Okay.

Robert Schu

Yeah, I think I think I read somewhere that it's sought to be in and out, you see this is not a resort type and uh, quite frankly, we don't allow that. We don't want to bring someone in and have them leave right away. Furthermore, we're strict about the type of RVs that come in. We require, uh, inspects them all and we make sure that the homes are recent homes, RVs, 10 years and and younger. So, that's that's who we have. No, we don't. We get a lot of people from Dover Air Force Base who are here for anywhere from 3 months to a year and a half, and we provided to the staff in in the report um, on on the four lots that we are asking for additional variance on top of the 17 that we have, we showed uh, not names, but the duration of people coming in and out of those particular ones, and they were well over the time frame of 6 months, even though that's...

Board Member

Thank you.

Board Member 2

We saw, sorry, Mike, go ahead. We saw somewhere in the staff materials reference to the fact that in the absence of this variance, those four lots cannot have manufactured homes. Is that the case? And if so, can you describe what the consequences would be for these four lots if you don't get the variance?

Robert Schu

Right. So, um let me answer that question. We um did some research and to look at what the smallest manufactured home that's being built nowadays, brand new homes, it's called Buttercup. And it it requires at least, it's 40 x 40, and one of our lots is less than that, the other lots are just about that size. But that being, these homes, uh, they'll be the least expensive of all, and they run in the $43,000 to $68,000. Our park is a affordable home park. If we brought in if we could fit one of them on the lot and we brought them in, we'd be paying over $60,000 to bring in a home of that size which could potentially fit on our lot, and then we would have to have a return on our on the cost. And we can't charge people enough money to get a return on our cost that would allow them to rent in our park, it would just be cost-prohibitive. So we are we are left with no alternative to to bring in uh people bringing in RVs. And if you saw in our application, in the last 12 months, we can we've had to turn away 60 or 70 people who have requested RVs into the park. So detriment of us, that that loss was to it affects everyone. We bought this park 2 and when we bought it, there was, you know, some of the residents here remember a number of disagreeable residents there, drug dealing going on. So we had to remove approximately 20% of the residents that were there because they were disrupting the community, they weren't the type of people that we wanted in. We wanted it friendly, safe. Since then, um we've owned the park 4 years. All the money that we made, we have not collected $1. Every dollar back into the park, cleaned it up, fixed it out to make sure that it is safe family park. So I just wanted to point that out to you so you understand that to bring in brand new homes, we couldn't find people that can afford to rent them.

Board Member 2

Thank you. Um one of the other factors that the board will consider is whether or not, this breaks it down for us, um that the proposed use um will be in harmony and not out of character with the existing use. It sounds obvious because there's already 17 uh lots there, but can you comment on whether or not, if this variance is granted, dramatically changed character?

Robert Schu

Thank you. Um since we bought the property, we have had recreational vehicles on those lots. I don't think it has changed the character. I don't see any change to the community. The lots that we have have had recreational vehicles on them, but the same ones that they've always had. But I'd say that would be a question if you're inclined to answer whether they think four more four that we've had since we purchased the property. We purchased the property, we secured a government-backed Freddie Mac loan, and that loan showed 21 recreation vehicle sites along with balance of manufactured homes. So, yeah, my my response is it's not going to change character, it's not going to be injurious, doesn't ask the board to make anything any different from what already is.

Chairman Keller

Any other questions from the board?

Board Member 3

In June, the 17 lots for RVs, the RVs that were parked, were they driven or were they towed with a truck or an automobile, stayed there a week, a month, two months, whatever it is, 1 to 7 months? Then then they're off and somebody else came along and parked, whatever.

Board Member 3

The code came in, was changed by the Fathers of the City, I believe in 2016. And they were very specific as to what that code was dealing with mobile home parks. And we we we have a camper from that 17 resident holding up the handle... We The board is in my... I'm sorry. Sorry. The reason he's saying the status quo, but also we have to take into consideration code is...

Board Member 3

And uh referring to lots 31, 118, 121, 122...

Robert Schu

Those were the lots. The ones in yellow on the map.

Board Member 3

Well, I I have one...

Board Member 3

Uh and I and I believe you have stated that there were some problem lots and constantly now that being the case or even that they haven't been for a longer period of time, for three years. Yet have one lot, 120, which has not been in use since 2022. The other lots have been in use just for late November 2024 to May 2025. What was in use there, like at one point of time not being in use recently. The question is, one of the questions I have: when was these lots last I'm sorry, when was these lots last used?

Dan Kramer

Thank you. Um first of all, we have 126 lots in the community.

Chairman

Wait. Excuse me, are aren't we discussing just four lots of variance?

Dan Kramer

Understood. What what I want to explain is that from 126 lots they're not all full. Since we bought the property in 2022, we have been filling up the lots by having people bring in their manufactured homes and placing them on lots. I would love to have had every one of our lots full because economically, that would be a benefit to our family. But it doesn't happen. Doesn't happen that fast. But

Dan Kramer

of the four lots that we're asking for the final variances, um three of those lots were were continually continually used um since 2025. In 2025 uh was the first time that we were notified that we were in non-conformance on all our lots. So

Dan Kramer

that's why I'm saying. We we all we have four lots sitting in our storage unit. Right. Four Excuse me, RVs sitting in our storage units since September when code enforcement came and said you're not allowed to bring any RVs. Once they leave, they can't come back, which is not what was decided in

Dan Kramer

the uh in 2020 with this when prior owners brought a an action that said they were grandfathered for 20. So, the reason why we haven't had any come in since 2025 is because we were blocked. We were stymied from bringing, despite the fact that we've had over 70 uh people calling inquiring whether they can bring

Dan Kramer

bring in those those homes. So, of the four that we're asking for now, three of them were being used from the time we bought the park in '22 to '25 in September when we were told not to. There is one that has some issues with tree roots and things like that, which as soon as we

Dan Kramer

hopefully get a variance to go for the final four, we're going to spend the money to clean the roots so we can fit the lot on. They all have correct electric, water, sewer. As you saw in the exhibits, there's a there's a major difference between a connection for a mobile home and a connection for an RV. Those four lots have always had RV connections, which just like a plug. The other ones are much more complicated because they're manufactured homes.

Dan Kramer

Did Did I answer the question, sir?

Chairman

Yeah. Yeah, you did. Um the other the other standing though when you were here in June uh you you were not in compliance with the inspection department. Uh we got a copy of those. Uh even the 17 of them were violated at that time. That's That's what we were told. That correct?

Dan Kramer

That's correct.

Chairman

Now, I understand the board approved 17 um last time. There were some technicalities on that. We, some technicalities in serious uh

Chairman

And And there was a couple of cases, just bringing this up for a reason, there was a couple of cases uh that went before the courts. And and one was uh res judicata, means that the same parties could not regulate a condition. They had already been fully litigated. And and the other decision with some of the board members drew up very diligent on these three cases.

Chairman

Probably why the uh 17 because they were having pretty much open-ended according to court cases. So, that being said, it was spent.

Chairman

Now, with the four lots that asking for now uh I just feel that we we are allowed to, I'm not saying we're for or against, my mind I have to seriously take forward to the city code so what it was formed in 2016.

Chairman

So I We had some problems surely discussion from send that we we don't want to send. We have standards with the Dover and

Chairman

That being said, I really don't have any comments on it now.

Dan Kramer

If I can respond to that. Sure. That 17 number um back in 2020 when the attorney who represented us at the June meeting, Peter Schaeffer, uh in in one of the verbal arguments mentioned 17, it's irrelevant. There are always been 21 distinct RV lots in Kings Cliffe. And distinct, I mean it has the different type of electrical hookup. We can't we can't hook up a manufactured home on an RV lot.

Chairman

So, we're familiar with that. Right.

Dan Kramer

So, the 17 was just mentioned when we when when the 2020 and again, we weren't involved, 2020 it it um grandfathered RV lots. So, in fact, Mr. Schaeffer, when I when someone mentioned 17, it could've always been 21. When we bought the park, the ALTUS survey and went for a Freddie Mac backed loan, there were 21 lots. And so, if I go back to the government and say you're wrong, is that fraud on my part? Because we told them we had 21 RV lots first on the in the 126 lots. So,

Dan Kramer

to to our point to the staff's recommendation, we're not changing anything that wasn't already in place and approved. We had 21 lots. We've been stymied now since September to to not allow any of these folks who have single moms with with children. We can't fill up those. The RVs the least expensive homes for people to live in. And so, basically, uh we have not been able to uh help families look for affordable homes. So, I'm asking for those four, and I understand what you're saying.

Dan Kramer

Res judicata means it's happened it's already been decided. But it all went down that's already been decided in your 2020 decision, and I'm not sure if you were involved at that time. But, you know, to our to to for us, to bring in affordable housing, we need those four RVs. And we're not changing a thing. It's not changing complexion of the park. It's not injurious to the public. Again, I'm just with all due respect, I I

Dan Kramer

this is important to us, and I've told you that it's family. This is family-run business. We're not coming in here as an institution hoping to raise rents and flick the park in a couple years to someone else, some other, you know, uh private equity fund. We're a family. It's our our business. So, thank you.

Chairman

I can understand. Um I'm sorry to be the devil's advocate, understand the way both sides, not advocating anything. Um What bothers me is that you're asking for four more lots. Theoretically, they were in the 17. The argument were 20 instead of the 17. The inspection department was very diligent in what they did. And I respect them very much and

Chairman

and said you were in violation of the 17.

Dan Kramer

Sir, can I mention one thing? Um the the uh the officer uh he didn't even know which lots. It's in the record. He didn't know. He only counted the ones where there were actual RVs on it at that time. But there were lots that were RV lots with the correct electrical hookups that he didn't have. So, um Officer Kopp was asked, and I think that was at the end, if you look at look at the summary of what was said,

Dan Kramer

um Peter Schaeffer, our attorney at the time, asked him whether he knew the other. He had no recollection where the other lots were. But we've always had 21. I wouldn't have um stated to a government authority, which is Freddie Mac, that we were buying a park had 126 lots of which 21 were proved to had been used for RVs since inception. So, not asking for anything that wasn't already agreed to back in 20 2020, and that was adjudicated before we purchased it.

Chairman

I understand what you're saying. The only thing I'm I'm trying to be the devil's advocate is we deal with many things throughout the city. And if you go on throughout the city, the residential small area like Dover Lake uh Lakeview um give you sizes of so high. You go on the highway, then you have a pylon sign, 70-foot, 50-foot. And if we just open everything up, you would have 40-foot signs, 100-foot signs, 20-foot signs, going down uh State Street from

Chairman

There's a There's a small sign there. And if we allowed 20-foot signs in residential areas, etc. So, that's why myself or I think the board would consider all aspects and there is always that possibility of other mobile home parks within the area

Chairman

um requesting the same thing. I'm very close with the the change in the 2016 2016 code, very specific. Code itself is very specific. And I just want you to know uh I understand your your side.

Dan Kramer

Understood. Um Last uh week we have an answering service at its call Carol Holmes. And I just pulled off since July 31st a couple of them and ranges from, there's a dog barking in the neighborhood, please stop them, to uh the ones the reason I grab this. Here's one July 29th, interested in a rental lot for an RV. July 30th, would like to know if you have any lots available for a 2026 camper with three electric slide-outs. Here's July 31st, like to know if you have any lots available for uh an RV.

Dan Kramer

Here's one uh August 2nd, wants to know if they can rent a lot for an RV for a year until a manufactured home gets built. This is someone who wants to come into our park, rent an RV for a year while manufactured home get built. Here's one from August 6th. I'm just what I'm trying to point out, sir, Can you excuse? Yeah, sure.

Chairman

When you say they want to rent an RV until a mobile home park or mobile home

Dan Kramer

Right. This is someone who wants to move in as a family while they

Chairman

They want to stay there say, for 6 months or a year, whatever, then they can move into the mobile home.

Dan Kramer

In the park. Right.

Chairman

And then, and then the RV is it removed or whatever?

Dan Kramer

Well, no, no, that RV Yeah, they they would move and then move onto a

Chairman

And another RV would take it?

Dan Kramer

Right. I just want you to tell that there's there is and that's just since July 31st. And I've got four or five more. Almost every other day, we get calls for people looking for for this house. And so, again, what we're asking is to to permit the um additional four that we already had, to our knowledge are, to Freddie Mac's knowledge we're already, to, you know,

Dan Kramer

again, if you look at our park, those are RV sites. If we don't get the variance in place, then we just lost out, and it's a taking

Chairman

Councilwoman Collins, you have any questions?

Dan Kramer

Yes, please.

Board Member

I remember I remember when we were considering the 17 lots to include those 17 lots, and it seemed that code enforcement had an issue. They were saying there were only 17 lots, and then Kings Cliffe was saying that there were 21 lots. Has that been resolved? And we are clear with that. I know you reported that because we you know, that there were 21 lots. Has that been resolved?

Dan Kramer

That's a good question, ma'am. Um we know we have 21 lots because but because of the connectivity connection, you can't put a manufactured home on that lot on those additional four lots, they don't have. So, we know we have 21.

Dan Kramer

Um when that question was posed at the June meeting to Officer Kopp, they asked him, um what are the other 21? He didn't know where they were. He wasn't

Applicant

keeping track of the homes. What we have shown you, and what we deferred to obviously prove and what the staff, um, amended on approval was that those are lots that RVs can go on, no other. So we're we provided a diagram that shows where the current 17 are, and then in yellow, the ones that we're asking for if so. Your question was has that been resolved? It wasn't an issue with us ever because we've always had 21. It was it was a question that was posed off the cuff. He couldn't explain why he said 17. He said 17 because, I think as I recall, there were 17 RVs on those lots at the time. And he didn't he didn't, um, opine on whether there were four vacant lots that he didn't count. So that that and I was I was, I wasn't here present, but I was listening. I was driving up to New York, so I was present virtually. But that that was my recollection as I read the the summary of the proceedings. That was his question, and it wasn't that he said there were only 17. He wasn't aware of the vacant ones.

Board Member

I think my my concern was that whether not that you didn't know, but that the city still did not know. Code enforcement for the city, has has the city considered that resolved? Can I ask that question?

Board Attorney

Maybe I can add some, um, clarity to what we're talking about, um, and and and walk through how we got here. So, back, I think it was 2021 actually, um, an applicant came, not before this board, before a hearing officer. And issue had to do with, notwithstanding the fact that according to the code, RVs are impermissible, so is, well, because it's been existing, because this like the property has been used in this manner for so long, um, should it be considered a permissible nonconforming use. And at that time, I'm afraid I don't recall certainly what that fraction out of it was. But we do know that the board concluded that the lots that were there, RVs was a permissible, nonconforming use. Meaning, although they didn't technically comply with the code, meaning they were nonconforming, they were permissible. So, that was the decision. And when the code violation back in September 2023 was filed, uh, the argument on Kings Cliffe's side was, hey, this issue has already been decided. Back in 2021, the hearing officer already concluded that although nonconforming to code, it's a permissible nonconforming use, so you can't now cite us for for continuing that. That went to court and that was back here that you have to exhaust these remedies. So then back in June, uh, my recollection is what happened was we had to go back and see what was before that 2021. What were they considering? And so we look at the record that was before them, and the record before that board showed 17 lots, um, and there were four lots that were presently being listed, but that those four lots were not being used. So then the question before this board, uh, in June was should the four new lots be granted the same existing nonconforming permissible use as the 17? And the decision of the board was it shouldn't. Because, you know, under the law, you cannot expand an existing nonconforming use. So to get permission, um, you can't expand. My recollection at that time was the suggestion was to go this route. Well, we can't just allow an existing nonconforming use to be expanded on its own as a matter of right. But you can seek a variance. I think that's why we're here today. So, that's that's my recollection of the situation.

Applicant

Can I can I ask one more question for um, just because I know we have you have a quorum and I know this gentleman has to excuse himself, but Mr. Holmes is not here. Um, I I know at the end there were discussions and I was, yeah, I was driving out to New York, so I was listening. But there were a number of people on the board who said, "Come back," one or two who said, "Come back, come back and apply for a variance." So, um, I'm just curious, was Mr. Holmes in favor of our coming back? Do you know who...

Board Member

Uh, that would be in the minutes from the last meeting, whatever his comments were, uh,

Applicant

The reason I ask that, I'd I'd hate for, if Mr. Holmes was in favor, although he's not present, I'd hate for us to lose a majority vote if if, in fact, he was in favor.

Board Attorney

It is not unheard of, um, when a full board is not present, uh, that one can request postponement of consideration of an application until the full board is present.

Applicant

Oh, we we obviously don't want to do that, Mr. Chairman, because we've been waiting since last September and we've got a list of people interested in moving into the home. But I just was curious if you knew whether

Applicant

That's alright. I was just it was just curiosity more than anything else. I'm hoping that the board will rely on the staff.

Board Chairman

Well, we want to be fair. It's a democratic process. So, you might agree and disagree, but I want to come to a a conclusion.

Planning Staff

All right. This is Planning. This is Planning staff. Um, I have pulled up the June 17th Board of Adjustment, um, meeting minutes where the appeal, um, regarding the Kings Cliffe property was, um, was presented and voted upon. The ultimate vote, um, that established, uh, the 17, uh, legally nonconforming RV lots, um, was a vote of, there was one recusal and it was a vote of three to one. Mr. Holmes voted, um, your question, Mr. Holmes voted in favor of the motion, um, to establish that 17.

Planning Staff

So if that answers that initial question. He may have had other, um, statements during the meeting. It would take a little bit more, um, need to look here quickly. Mr. Holmes did make the statement that, um, that he voted in favor of the motion to limit it to 17 lots, and I'll read this, um, it's on page 15 of the minutes, uh, he believes that they, if they want to use the 21 lots, then they should be able to come back to the city to apply for the other four lots. So he made that statement as part of his, um, reasons for in voting the way he did.

Board Member

I have another question. Okay. Is there a statement that says why he said they should be able to come back? Was there any...

Planning Staff

What I what I just observed, uh, in the meeting minutes is what I read to you. Um, I that meeting was rather lengthy, um, and I believe there was conversation throughout the, uh, applicants and the, uh, the appellants and the city's presentation, so he may have also addressed that in earlier statements.

Board Member

Thank you.

Planning Staff

Today, the board is considering this variance request that is specific to the property located at Kings Cliffe manufacture manufactured home park and is specific to the four, um, regarding the four RV lots.

Board Member

I have one more question.

Board Chairman

Yes.

Board Member

At the time of your purchase of this land, the the ordinance was in place that you were not allowed to use was it stated that you were not allowed to use this lots, those four lots for...

Applicant

No, they were available to us for use and were inspected. We were...

Applicant

We were We did We purchased it, applied for a Fannie Mae funding loan that we had 21 RV lots. Obviously Fannie Mae and so that's what we relied on when we purchased, our family purchased the property, so and that was relying on on the decision that was made, I guess, in '21. It was a different a different board, but, um, Mr. Schaeffer, the attorney, brought brought that action to the board that City of Dover told him it wasn't permissible under some other ordinance, but that was not business. City of Dover agreed to that was to be adjudicated, so we had documentation that that year that allowed us to then apply for a loan from Fannie Mae that said there were 21 RVs, so so I hope that answers that.

Board Member

Thank you.

Applicant

And one other thing, um, ma'am, you mentioned, you know, kind of RVs coming and going, things like that. But we our review that we make when someone wants to move into our park, whether it's, again, a manufactured home or an RV, we have very strict guidelines that we go through. Criminal background checks, we do sex offender checks, we do, um, financial checks to make sure that these people are going to be good residents in our community. And to the extent that they are, you know, need support from churches or whatever, we help them. Um, this past Saturday, we had an end-of-school picnic. We had the police department come, we had a whole litany of folks come because every year we give away backpacks to all the children in our park so they can start their school year. And and many of those are living in some of the RVs, so not just manufactured homes. We take this, um, responsibility very seriously. We could invest in other types of parks, but we elect as a family to invest in mobile home parks because it is the most affordable type of housing that exists in the United States. And, um, we think we've done a good job with bringing in good people, and, well, Mike has been in the park for 41 years. He's lived in the park for 41 years, and you haven't heard from him yet. But we have people who appreciate what we've done, what we're trying to do. That's important to us. And that's why staff has recommended, why I've asked this board to grant us the final four. And unfortunately, Mr. Holmes, who who suggested we come back and apply for the final four variances, because we're not asking for a code change, we're just asking for what we believe

Unknown Speaker

...cars, and that kind of provides more affordable housing single family, you know, single households. So I don't know whether you wanted to speak to them or have them...

Chair

Are you finished with your presentation?

Unknown Speaker

Sorry. So are you finished? If you'd like me to be, sir. I...

Chair

No, no, no, no, no, no, no.

Unknown Speaker

I'm passionate about it, but I just...

Chair

And rightly so.

Unknown Speaker

Okay. Thank you, sir.

Mr. Senato

Mr. Chair. Yes, sir, Mr. Wagner. I'm going to fall through. I thought the intent of our last meeting was to give these people an opportunity so 5 would be alright. I thought that's what 26-05 was all about.

Mr. Senato

I also thought that the preparation by the staff was quite clear.

Mr. Senato

I don't want to re- rehash, re- relitigate.

Mr. Senato

I am highly more clear for what the staff is, 5 and that is that. I think that's why we're here. It's fair. I mean, all the stuff has been covered.

Mr. Senato

I don't believe we need to go on any further.

Chair

Well, as you know, I've been on the board 28 years, and many things have come in front of the board.

Chair

And the one thing I believe in is for all the members of the BM, for sure, I want them to know, is regardless of what we have here and what's been pres- presented by the staff, which is excellent, excellent work from them,

Chair

each individual is going to vote on a particular issue dealing with the City of Dover and the impact it would have or the impact that it won't have.

Chair

And this is an open-minded board, anyway, regardless of how another board feels, can ask pertinent questions for the applicants that come up here.

Chair

Even though we have a lot of information in front of us, even though somebody, sometimes the applications don't produce what's specific.

Chair

There are points that each one of us has to come up with, and this is what we've done today, and this board in the past has done it.

Chair

And thank you, the end result how each member feels, how each member in their own conscience votes and the reasons why.

Chair

Anything else, Mr. Chairman? No, thanks.

Chair

There being none, uh I think uh now we can open the uh public hearing. I'll open the public hearing on application V-26-05.

Chair

And ask for those in favor of the request to speak first and those against the request to speak second.

Dawn Melson-Williams

All right. So, we are in the public hearing regarding this variance request. Um so the chair first is seeking um any members of the public in the room that wish to speak uh in favor of this uh variance request, yes, if they, there's an individual raising their hand if you want to move down to the podium.

Unknown Speaker

Good morning. Would you please state your full name and address for the record?

Sandy Morris

Sandy Morris, 711 South Bay Road, trailer 25, Dover, Delaware.

Unknown Speaker

Thank you, Ms. Morris. Do you swear or affirm that the testimony you give before the Board of Adjustment is the truth, the whole truth, and nothing but the truth so help you God?

Sandy Morris

I do.

Chair

I would want to say that we have this three-minute response section for public hearing.

Sandy Morris

I'm going to make this short and sweet. I'm a resident. I've been there for, oh, for about 19 years. Since June 2007,

Sandy Morris

my aunt, my brothers, my sisters all live in this community, and at 2007, all 21 lots RVs were there. I've seen mobile homes, I've seen

Sandy Morris

trailers, RVs on these lots.

Sandy Morris

So, what I'm asking is as residents, it's a great community, it's snow-free, it would be okay, 17

Sandy Morris

happy families have, you know, trailers. So, I recommend, am asking, for favor for Kings Court for this

Sandy Morris

variance request.

Chair

Thank you, ma'am. All right, thanks. Appreciate your comments.

Chair

Anyone else?

Michael Fagan

Yes, sir. My name is Michael Fagan. I live at 731 South Bay Road, trailer 17. I've been there pretty close to 31 years now. Long as I've been there, it's been a well-spoken park.

Unknown Speaker

One second, sir. Do you swear or affirm that the testimony you give this morning before the Board of Adjustment is the truth, the whole truth, and nothing but the truth?

Michael Fagan

I do.

Michael Fagan

Like I say, I've been there for almost 31 years now. This is December. It's been a fairly well-run park.

Michael Fagan

As of late, had too many problems in there, and those four uh general lots always had RVs, stuff, trailers. I also agree that they should do that in because you can't put a mobile home on those particular lots. That's all I have.

Chair

All right. Thank you very much for your comments, sir.

Chair

Is there anyone else to speak?

Chair

Anyone else?

Chair

Is not anyone to speak against?

Chair

Is there anyone else to speak against?

Dawn Melson-Williams

So, for the record, Mr. Chair, I will note that there are um no members of the public that have joined us online um to participate in that public hearing. Uh likewise, there was no uh specific written correspondence received in regards to this application um that was received by the Planning Office.

Chair

Thank you. Public hearing is now closed.

Chair

Are there any additional questions from the board?

Chair

I now request a motion from the board.

Caroline Brinkley

I move, Caroline Brinkley, I move that we approve the variance requested to place recreational vehicles on the four remaining of the nine conforming RV sites. My reason,

Caroline Brinkley

this would cause a hardship on the owners of this land plot, uh would interfere with expected income that they they were expecting when they purchased this property,

Caroline Brinkley

uh and that they are also it would eliminate some of the affordability housing abilities within the City of Dover uh also within the area, and I do not see it as changing character of the area. So I vote yes.

Chair

Thank you. We hear a second.

Mr. Senato

Second.

Chair

The reason for the reason for the seconding of the motion?

Chair

Do you have a short explanation as to why you're seconding that?

Mr. Senato

I have read nothing, saw nothing that would lead me not to approve the variance for 26-05.

Chair

All right.

Mr. Wagner

I'll vote in favor of the motion. Reasons for that is that would be it would be a hardship to Kings Cliff. The explanations that the owner presented were were logical in my mind, and hopefully uh they will understand that will not set precedents. Each motion considered by this board is taken on a one-on-one basis.

Dawn Melson-Williams

So, Mr. Chair, I think um we need to formally record the votes of the other individuals um as well. Okay. So, we uh probably should do through a roll call.

Chair

Secretary, then, I'll take a roll call vote.

City Clerk

Mr. Wagner?

Mr. Wagner

Yeah.

City Clerk

Ms. Brinkley?

Caroline Brinkley

Yes.

City Clerk

Mr. Senato?

Mr. Senato

Yes.

Dawn Melson-Williams

Mr. Chair, that is uh three members uh in favor. Uh the other member that is present was recused um from participating in this variance uh request. So that's a motion of three in favor, that motion carries, and then the the um the individual members of the board did express their their um reasons as part of either the motion, their second, or after seconds.

Chair

Thank you, and the motion is carried.

Chair

We are We have old business and done that at the end of this meeting.

Chair

Thank you, ladies and gentlemen. It's truly appreciated.

Chair

Wagner Wagner We're not done with the meeting, so.

Chair

Uh we have a one item on the agenda

Chair

dealing with the rules of procedure. I had requested information from city solicitor. Uh they talked, but that, I believe, not privy to the conversation on the phone. So, I'm going to turn this over to the city solicitor.

Nicholas Rodriguez

Uh so, as some of you recall, uh the Board of Adjustment has not had rules of procedure in the past.

Nicholas Rodriguez

A little less than a year ago, uh that issue was raised about whether we should have rules of procedure, and toward that end, um we started the process uh of uh going through and drafting proposed rules of procedure uh for the board. Um and as many of you know, intermittently, uh I've been working on them throughout the year.

Nicholas Rodriguez

Um the the question that was put about a month ago was um do we really need them? Can we suspend them? Um and um when that question was put to me, my response was uh there is no legal requirement to have published rules of procedure.

Unknown Speaker

procedure, and that passes, um then that issue will be decided within 30 days.

Chair

All right. Do I have a motion to adjourn?

Board Member

So moved.

Chair

Do I have a second?

Board Member

I'll second that.

Chair

Call for a roll call vote. Motion to consideration of defending the rules of procedure.

Chair

Uh let's call roll call vote, please.

City Clerk

Mr. Wagner?

Board Member

Yes.

City Clerk

Miss Whitley?

Board Member

No.

City Clerk

Mr. Cole?

Board Member

Yes, I agree that we can suspend for the time being, but I think it

City Staff

Mr. Senato?

Chair

I vote yes.

City Staff

Three yes, one no.

Chair

Motion is carried.

Chair

Call for a motion to adjourn?

City Staff

Mr. Chair, we do have um one other uh task that we need to do on the agenda is the public comments opportunity.

Chair

Any uh anybody in the audience that have public comments? What about any other public comments?

Chair

Hearing none.

City Staff

So Mr. Chair, again, I will note that um this public comment opportunity is the opportunity for members of the public to provide comments to the Board of Adjustment um that are outside of a specific uh hearing on an application. Um and you have uh observed that there is no um one in the room wishing to do so, and I will note that there is no one online um other than staff uh that would also be uh looking to provide public comment. So I believe you can move on.