This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
1 page has little or no readable text here, often scans or drawings. See the PDF for those.
Page 1
CITY OF DOVER BOARD OF ADJUSTMENT
AGENDA
Wednesday, September 21, 2016 at 9:00 AM
City Hall Council Chambers
15 Loockerman Plaza, Dover, Delaware
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES of August 17, 2016 Meeting
OLD 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. At its meeting of June 15, 2016 the Board of Adjustment
conducted a public hearing but deferred action.
NEW BUSINESS
Applicant #V-16-12
100 North DuPont Highway. Wells Fargo Bank has requested an area variance from the requirements of
Zoning Ordinance Article 6 Sections 3.4, 3.6, and 3.11 pertaining to minimum parking space size,
requirement for curbing, and the maximum number of parking spaces in order to perform site
improvements relating to parking and traffic circulation on the subject property. Subject property is
zoned C-4 (Highway Commercial Zone). Tax Parcels ED-05-068.18-01-26.00-000, ED-05-068.18-01-
27.00-000, ED-05-068.18-01-24-00-000. The owners of record are Paul & Justine Davis Revocable
Trust Agreement and Kings Highway Land Partners LLC.
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.
Page 2
CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
August 17, 2016
A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, August
17, 2016 at 9:04 A.M. with Chairman Sheth presiding. Members present were Chairman Sheth,
Mr. Hufnal and Mr. Keller. Colonel Ericson and Mr. Senato were absent.
Staff members present were Mrs. Townshend, Mrs. Purnell, Mr. Diaz, and City Solicitor Nick
Rodriguez.
APPROVAL OF AGENDA
Mr. Hufnal moved to approve the agenda with the removal of the Old Business Item V-16-06 due
to no updates, seconded by Mr. Keller and unanimously carried 3-0. Colonel Ericson and Mr.
Senato were absent.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES
OF JULY 20, 2016
Mr. Keller moved to approve the meeting minutes of July 20, 2016 with the necessary
corrections, seconded by Mr. Hufnal and unanimously carried 3-0. Colonel Ericson and Mr.
Senato were absent.
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 is now one (1) agenda 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 recess to discuss legal matters. If the applicant must leave, they can contact the Planning
Office at 736-7196 to learn of the Board’s decision. A formal notice of the decision will be mailed
to the applicants. Approved variances expire after one year if the approved project has not
commenced.
All public notice for the new application on this agenda was completed in accordance with code
requirements. The meeting agenda was posted in accordance with Freedom of Information Act
requirements.
NEW BUSINESS
Applicant #V-16-11
409 South DuPont Highway and 324 Martin Street. Lance Moffa has requested an area variance
from the requirements of Zoning Ordinance Article 5 §4.7 pertaining to the number of signs
permitted on the property in order to retain an abandoned non-conforming pylon sign, and the
requirements of Zoning Ordinance Article 5 §7.4 pertaining to outdoor storage trailers. Subject
property is zoned C-4 (Highway Commercial Zone). Tax Parcel ED-05-077.10-01-41.00-000.
The owner of record is S & C Enterprises Inc.
Page 3
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Exhibits for the Record: Staff Report and plans submitted by the applicant. Legal Notice was
published in the Delaware State News – on August 4, 2016. The public was notified in
accordance with regulations.
Mr. Diaz gave a brief overview of the application.
Mr. Keller questioned whether there were any storage buildings, standalone moveable buildings,
and if there were none there today is there a process through the City by which they would be
obligated to make application for a temporary placement. Mr. Diaz replied by stating that there is
a permit application to place storage trailers on a site and it is available in the office.
Responding to Mr. Hufnal’s question even if they applied for a storage permit, the permit is only
allowed for up to 18 months, Mr. Diaz replied that is correct.
Responding to Mr. Hufnal’s question that the applicant would either have to build something to
take care of the storage trailer or remove the trailer. Mr. Diaz concurred. Mrs. Townshend added
that there is a permit application for the storage trailers in the office, but it cannot be approved
because it does not comply with the Zoning requirements which is why it is part of the variance
request. It exceeds the 2% of the floor area and it is not screened.
Responding to Mr. Hufnal’s question if the applicant was to build a storage building they would
be allowed to have a construction trailer for a period of time until the storage building is built,
Mr. Diaz concurred.
Mr. Hufnal questioned whether there is a time limit on that trailer or as soon as the building is
complete and the applicant has received Certificate of Occupancy of the building then they
would need to remove the construction trailer. Mrs. Townshend stated that usually it is required
to be removed when they issue the Certificate of Occupancy.
Responding to Chairman Sheth’s question whether there is any history of the signs, Mrs.
Townshend stated that there have been a number of Sign Permit applications on this property
over the years. There was a Code Enforcement case related to the changeable copy sign that was
put up without a permit and the timing did not comply. There has been a little bit of history in
terms of the signs and which signs was going to be used has changed over time as the business
has evolved on the site.
Responding to Chairman Sheth’s question whether the permit had expired, Mrs. Townshend
stated that the permit was not issued because it did not meet the Zoning requirements. With a
changeable copy sign, you cannot be more than 70% of the sign face.
Responding to Mr. Keller’s question whether there had been any inspections of the storage
trailers in the past 18 months by the City Code Enforcement Officers, Mrs. Townshend replied
no, just the observation that the storage trailers are there, but no formal inspection that she was
aware of.
Representative: Mr. Charles Rayborn, Representative for the Owner of Capital Pawn
2
Page 4
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Mr. Charles Rayborn was sworn in by Mr. Rodriguez.
Mr. Rayborn testified that the first issue that he had was there are two businesses not one business.
They are trying to obtain the permit and business license for the second business.
Responding to Mr. Diaz’s question whether it was correct that the business was under common
ownership, Mr. Rayborn replied that is correct.
Exhibits
Mr. Rayborn referred to other businesses in the City of Dover that had two (2) pylon signs.
Mr. Rayborn stated that the main issue is on the dome building which if permitted will be the Car
Pawn. It is a separate business and they are currently waiting to receive the Business License.
Personally, he does not understand how other businesses in the area can do what they are trying to
do.
Chairman Sheth reminded the applicant that one illegal item does not legalize another item. Mr.
Rayborn replied that he understood.
Mrs. Townshend stated that she wanted to address the issue of the number of businesses. Again,
the Sign Ordinance does not permit one pylon per business. If that was the case, then every
shopping center could have ten (10) pylons. What we typically see with the locations up and down
the highway that have multiple businesses is one pylon with multiple faces on it. There may be
one (the car wash on Rt. 13) shown in the packet is a nonconforming sign. The way the Ordinance
is structured is that over time through dealing with abandoned signs it phases out the
nonconformity. This is the way the Ordinance is set up, but there are many examples of multiple
businesses with one pylon sign with multiple sign faces. As it relates to the storage trailers, that is
something that we can certainly make a priority and have Code Enforcement focus more heavily
on. She is sure there are more violations out there. When violations come up, they are addressed.
Mr. Rayborn commented that they are losing money daily by not having a Business License for
the Car Pawn. Does that mean that they are being singled out by not complying when other people
are not complying? Chairman Sheth replied no, there is no unfair practice and he reiterated what
Mrs. Townshend stated earlier regarding other violators.
Mr. Rayborn stated that he felt like it was some type of selective enforcement. Mrs. Townshend
stated that the office has five (5) Code Enforcement Officers for the entire City. It is obvious that
they do not catch every violation.
Mr. Hufnal commented that both signs were abandoned and on April 6, 2015 someone made an
application to reface Sign # 1 which at that time was (Vapor Dome) and the Planning Office
approved the Sign Permit under the condition that Sign # 2 would be removed. Vapor Dome then
went out of business and their sign was removed, but on June 10, 2015 another application was
received to reface Sign # 2 and that Sign Permit was denied because that sign was supposed to
3
Page 5
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
have been removed and it never was, but instead got refaced anyway. Mr. Hufnal asked what
happened? Mr. Rayborn replied that he would need to check because he was not quite sure. He
stated that at the last meeting that he attended he was told that if they tore down the sign at the
dome, have a meeting and the Board of Adjustment may or may not approve it and then after the
meeting put the sign back up and everything will be ok. Now does that make sense, again; does
that make sense?
Responding to Mrs. Townshend’s question on whether he was told to put it up after the meeting,
Mr. Rayborn replied he was told to take it down and even had someone from the City to state they
would come and take it down for you. Have this meeting take it down, then put it back up, you
will be ok. Were we at the same meeting? Mrs. Townshend stated that she was unware of that and
any indication that the City would remove the sign for you. Mr. Rayborn asked Dr. Warfield if she
attended the meeting? Dr. Warfield replied yes.
Mr. Keller stated that Mr. Diaz has pointed out that there are other alternatives types of signs that
could legally be put around, near, or on the dome building portion of the property, is that correct?
Mr. Diaz replied yes sir. The property would be allowed two (2) wall signs per frontage, one (1)
monument sign per entrance or one (1) post and panel sign per entrance in addition to the pylon
sign.
Mr. Keller stated that he was not aware of what Mr. Rayborn just stated to Mrs. Townshend, but
could it possibly be that the pylon sign has to come down, but there are other provisions for
alternatives types of signs that could be legally put up. Mr. Rayborn stated that the uniqueness of
the shape of the dome prohibits a professional sign to be there. There is electricity running through
the sign and they are paying a bill every month and they are not able to use it.
Responding to Mr. Keller’s question whether the sign was currently displaying anything, Mr.
Rayborn replied that it is not doing anything. They are just getting a bill.
Responding to Mr. Hufnal’s question whether it was Sign # 1, Mr. Rayborn replied, yes sir. Mr.
Hufnal stated that the Board of Adjustment approved Sign # 1 to be there and Sign # 2 to be
removed and it never was, it was refaced.
Mrs. Townshend stated that on the Exhibit Map it shows the location of Sign # 1 and Sign # 2, and
asked if that was what he was referring to. Mr. Hufnal questioned if Sign # 1 was the legal sign,
Mrs. Townshend replied that technically either one could be a legal sign, but they cannot both stay
without a variance.
Responding to Mr. Hufnal’s question whether Sign # 2 would be on Martin Street, Mr. Rayborn
replied that it was two different addresses and that would be correct. (however, Mr. Rayborn said
this is correct, but this is incorrect because both signs are on Route 13). Mrs. Townshend replied
that Martin Street is not a principal arterial street. Mr. Hufnal stated that you could have the sign
on Route 13, but you cannot have it on Martin Street.
Responding to Mr. Rayborn’ s question how could they have the sign previously, Mrs. Townshend
stated that it was nonconforming and probably existed prior to the zoning regulations.
4
Page 6
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Mr. Keller commented that he would presume that the applicant’s potential customers would be
up and down Route 13 as opposed to Martin Street, Mr. Rayborn replied both ways.
Mr. Keller stated that as he looked at the photographs he noticed 20-30 cars on northbound US 13
and there was not a vehicle on Martin Street. Mr. Rayborn replied that it could be the time of the
day. It would benefit our business if they could have a sign at the dome and it is a separate business.
Mr. Keller questioned whether with an application if a monument sign could be placed on the
dome?
Mr. Diaz emphasized that neither a monument signs or nor a post and panel sign would actually
be placed on the building; it would be placed in the ground. It is difficult to put a wall sign on the
building, but they have other options.
Responding to Mr. Keller’s question regarding the submitted photos for February 2015 which
depicts the storage trailer that has exceeded the 18-months that were allowed for the storage trailers
for the one by the larger building which is now the Pawn business. Mr. Rayborn replied correct.
Responding to Mr. Keller’s question regarding what is being stored in the storage trailer, Mr.
Rayborn replied tools and items used for collateral for a loan.
Responding to Mr. Keller’s question whether the storage trailers are owned by the owner of
Capital Pawn, Mr. Rayborn replied no; they are rented.
Responding to Mr. Keller’s question whether with that type of usage would the applicant
contemplate a need for that type of usage storage, Mr. Rayborn replied that it is imperative that
they have the storage trailers.
Mr. Keller stated that he has seen, heard, and read all kinds of uses imaginable for some of these
storage containers even that they occasionally have been used as housing. Mr. Rayborn stated that
his storage trailers are open for inspection 24/7, 365 days of the year. The storage trailers contain
tools.
Mr. Keller questioned if regarding the construction of any accessory building, etc. whether the
City has requirements for dimensional, fire code requirements, electrical service, sanitary
conditions, etc. Mrs. Townshend replied that for accessory storage there are requirements but the
requirements are not as high as they would be for an occupyable building. If it is just storage it is
not required to have electricity. They could have a shed or storage building as an accessory
structure. There are a number of businesses that have sheds similar to what you would have at a
residence and that is permitted by Code.
Mr. Keller stated that it was noted in the City’s Staff Report that there are certainly options if the
storage trailers have to be removed that an accessory building could be provided by the applicant
of likable dimensions or whatever fashion.
5
Page 7
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Mr. Rayborn questioned who would provide the accessory building, Mr. Keller replied the owner
and/or tenant.
Mr. Keller stated that in any event he was not aware of an abundance of these types of shipping
storage units within the City of Dover providing for accessory building usage. There is a time
limitation for a reason on the storage trailers.
Responding to Mr. Rayborn’s question that at the end of 18-months he would need to reapply for
a permit, Mrs. Townshend replied that if a variance is granted to allow them to stay permanently
then the 18-months would not apply, but if a variance is not granted at the end of 18-months if it
is in accordance with the Code requirements they would be removed. They are permitted to be on
the property on a temporary basis. Kmart and Walmart used to have the temporary storage trailers.
They use to bring them in around Christmas time or the fall months when they would be having
more stock than normal and then after that season they would remove them. That is the way the
Code is set up to have the storage trailers for a temporary storage use and not a permanent storage
use. If it is to be permanent that would need to be a part of a variance.
Chairman Sheth commented that he understood that this was during the construction up to 18-
months. Mrs. Townshend replied that construction is separate. The 18-month limitation means
after the 18-month the storage trailers are removed, not that you reapply because at that point they
are no longer temporary.
Mr. Keller stated that typically with business expansion or a growth in inventory sales those types
of business or structural expansions are handled by virtue of building another building, adding on
to another building or adding on to the original structure as a natural part of your growth of the
business. It is not starting to place storage trailers all over the site to accommodate your increase
in business in his estimation. Those temporary seasonal types of increased of sale stocks as pointed
out by Mrs. Townshend he fully understands, but the Code reads to him is that it addresses those
needs for temporary usage. The Code is restrictive in that manner for that reason. As pointed out
by Mr. Rayborn, if the storage trailer was removed today and if he came in to the office to put up
another storage trailer tomorrow he thinks it is somewhat of a circumvention of the intent and
purpose of the Code in his estimation. He was not aware of how much cost would be involved with
an accessory building that would be a permanent type structure to accommodate the applicant’s
security for the items that are currently there as collateral for a loan. He hesitates to say that the
temporary storage buildings are not an appropriate use for a continual ongoing need of that sort.
Mr. Rayborn asked for clarification if Mr. Keller said “appropriate” or “inappropriate”, Mr. Keller
replied not appropriate.
Mr. Rayborn stated that there will be a point where it will level off and he thinks that it is getting
to that point. They have been growing, but now they are leveling off. He does not think that they
are going to need additional storage beyond what they have now
Responding to Mr. Keller’s question whether he would continually need the additional storage
trailer, Mr. Rayborn replied yes sir, to keep the median (what they have now).
6
Page 8
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Responding to Mr. Hufnal’s question whether he had any plans of adding a building to take care
of the storage, Mr. Rayborn replied that they are not the owners of the property and they have not
had that discussion with the owner.
Responding to Mr. Keller’s question whether there was any inclination to use the dome building
as secured storage, Mr. Rayborn replied that the structure would not allow that. It would not be
secured. They are trying to obtain a Business License to conduct business out of the dome, that is
all they are trying to do which is pretty simple.
Responding to Mr. Keller’s statement that the one (1) storage unit as of February 2015 has
currently grown to two (2) storage units and question of when the second unit was placed on the
site, Mr. Rayborn replied that both storage units were placed on the site at the same time. Mr.
Keller stated that there was no such evidence of it in the second photo and that was his reason for
asking. Mr. Rayborn commented that by him being from out of town he was not quite sure; he
asked Dr. Warfield were they put there at the same time. He then stated that they were staged in.
Dr. Kim Warfield was sworn in by Mr. Rodriguez.
Responding to Mr. Keller’s question of the length of time the second storage unit has been on the
property, Dr. Warfield replied that the storage unit has not been on the property for 18-months. It
has been on the property approximately 12-14 months. The storage units were put on the property
after the business started.
Mr. Hufnal asked for clarification that in the past the dome building used to be the Vapor Dome
and they went out of business and the building is currently vacant. Dr. Warfield replied that Vapor
Dome went out of business. Mr. Rayborn replied that they are currently using the dome building
on the weekend to display tools outside of the building. The building again is not vacant, but it is
not a viable business at the current time.
Responding to Mr. Hufnal’s question whether he was renting the entire parcel, Mr. Rayborn replied
yes. He was renting the entire parcel.
Responding to Mr. Hufnal’s question regarding how long the Pawn Shop business has been at the
location on Martin Street, Mr. Rayborn replied 16-17 months.
Responding to Mr. Hufnal’s question whether the storage trailers have been utilized the entire 16-
17 months or just in the past 12-months, Mr. Rayborn replied in the past 12-months. They have
some storage inside the main building, but they have outgrown that storage. That is the reason for
the need of the storage trailers.
Responding to Mr. Hufnal’s question whether in his lease if there was an addition for storage to
eliminate the trailers and would it be your responsibility or the owner, Mr. Rayborn replied that he
was not sure because this issue has never been discussed.
Responding to Mr. Hufnal’s question whether his lease covered the use of the dome building,
Mr. Rayborn replied that is correct.
7
Page 9
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
Mr. Keller pointed out for the basis of his statement that Mr. Rayborn’s submission of his
exhibits dated February 2015 shows a storage trailer by the Pawn Shop, that would equate to 18-
months presently. Mr. Rayborn stated that he understood.
Responding to Mr. Hufnal’s question regarding if the application is not approved and the storage
trailers are on the property do they get 18-months from today or from the time they were placed
on the property to have them removed, Mrs. Townshend replied no. The office cannot issue a
permit even for the 18-months because of the square footage (the 2% of the floor area), but they
would take it from today forward; they would not go back. Mr. Hufnal stated that is correct
regarding the 2% of the floor area.
Chairman Sheth stated that the same storage trailer is not allowed if they were to submit a
permit. Mrs. Townshend replied that is correct.
Mr. Rayborn stated that it is a unique situation by it being two (2) different addresses on the
same parcel and wanted to know why they could not use the entire parcel. Mrs. Townshend
replied that there are a lot of places in the City that have multiple addresses on one parcel. The
uniqueness of this is perhaps that one of the street frontage is urban principle arterial where the
other is not. It happens on corner lots and the difference with this is that it is more of triangle.
Responding to Mr. Keller’s statement that there is no prohibition against advertising two (2)
businesses on that entire property of ownership and no prohibition against advertising two (2)
different businesses on one (1) pylon sign, Mrs. Townshend replied not at all.
Mr. Keller questioned as he referred to the handout of a photo on page 4 reflecting a pylon sign
for 324 Martin Street, whether the view of the sign was facing south along Route 13. Mr.
Rayborn replied that is correct.
Responding to Mr. Keller’s question whether there was another sign above the Capital Pawn
Sign, Mr. Rayborn replied it was an LED sign for promotions. The LED sign is strictly the Pawn
side of it.
Mr. Hufnal stated that he recalls approval for the parcel in the front and when something is built
there the sign will not be visible on Route 13. Mr. Rayborn replied that is correct. Mrs.
Townshend replied that last month the Board of Adjustment approved a variance for the setback
of a building on the adjacent property. That very well could block the sign.
Responding to Mr. Keller’s question whether the sign was currently at its maximum allowable
height, Mrs. Townshend replied that she did not believe that you can have 30-feet in height and
she does not believe that those signs are 30-feet in height.
Responding to Chairman Sheth’s question of the issue, Mr. Hufnal replied that the second sign
on Martin Street was the one that was supposed to be removed and it should be removed. The
one on South DuPont Highway is a good tall visible sign that could advertise two (2) properties
if needed. It is a pylon sign that the Board of Adjustment approved a long time ago and that one
should remain. The sign on Martin Street will be blocked anyway once the new building goes up
8
Page 10
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
in the front.
Responding to Mr. Rayborn’s question regarding what new building, Mrs. Townshend replied
the new building on the adjacent property.
Responding to Mr. Keller’s question whether the option was still available to the owner or tenant
of which sign they would like to remove unless a variance is granted. Mrs. Townshend replied
yes.
Mr. Keller also agreed with Mr. Hufnal’s previous comments and stated that given the history
and the expression that the storage trailers would be used in effect in perpetuity expires today. To
remove today and replace tomorrow is a circumvention of the intent of the provision of the statue
allowing an accommodation otherwise for some temporary storage and usage.
Chairman Sheth stated that City ordinance does not allow permanent storage trailers. Mr. Keller
stated no, but as stated by Mr. Rayborn if the storage trailer is removed today, then he would
come in tomorrow and get a temporary storage permit. A variance runs with the land and is not
to a particular tenant on any particular given time which is another important aspect that the
Board of Adjustment has to give consideration to in the granting of a variance. If it was granted
today, then 6-months from now the business closes and moves then the next tenant would have
the availability of the variance granted.
Mr. Keller also stated that during the discussion of these kinds of matters it’s a self-imposed
hardship when a sign was required to be removed and it was not, but instead refaced. The time,
effort, and expense was contrary to what was issued by the City and also those types of activities
are not to be rewarded. They are not necessarily an instance which it creates a penalty, but not
something that is taken lightly. If the City states to do one thing and the owner or applicant does
something contrary to that, they oppose upon themselves the subsequent hardship involved with
the violation of the direction of the City.
Chairman Sheth reiterated if the applicant applied for a permit for the same storage trailer for 18-
months it cannot be approved by the City. They will need to meet the code requirements.
Mr. Keller stated that given the situation that Chairman Sheth relates, there would be nothing to
preclude that same person, given notice of a denial, to say I would like to apply for a variance.
Mr. Keller commented that there appears to be alternatives to the signage. One or the other
whichever is most advantageous to the tenant or owner could be utilized, but it requires the
removal of the other sign. If the business has leveled off to an amount of business where the
applicant is somewhat stabilized in the need for extra storage, it appears as though it may be the
time to give consideration to the construction of an accessory building to a degree to
accommodate your leveled off security and storage needs and to avoid a continuing need for
these independent storage trailers.
Responding to Mr. Keller’s question whether a painting on the dome building that would read
“Car Pawn” be allowed and considered a building face sign, Mrs. Townshend replied yes. It
would be a wall sign.
9
Page 11
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
The photo Mr. Rayborn submitted shows the blue and yellow stripe around the dome building as
being attractive in addition to possibly having the advertising co-located on one Pylon Sign for a
Car Pawn as well as the Pawn Shop sign. The applicant could still have a sign on either side of
the dome building and still have an adequate identification that the second business is there.
Mr. Rayborn stated that it would have to be small lettering because you would not want the
lettering to bend at the top of the dome building. Also, you would not be able to see it.
Responding to Chairman Sheth’s question whether the big letters the applicant wanted was
“PAWN”, Mr. Rayborn replied no, he needs both “CAR PAWN”. Chairman Sheth stated that
the Board of Adjustment was not trying to make the decision on what was the best thing; they
were only giving options. Mr. Rayborn stated that he understood. Mr. Keller also stated that it
was just a thought; it was not an imposition of anything. Chairman Sheth stated that a pylon sign
could have both of the signs.
Mr. Hufnal questioned that instead of putting the sign on the building if they could have a free
standing monument sign. Mrs. Townshend replied yes. A Monument Sign can be 10-feet in
height.
Mr. Rayborn questioned how he could get a Business License and utilize the dome building.
Mrs. Townshend stated that the zoning violations need to be resolved before an additional
Business License can be issued.
Mr. Rayborn questioned whether the City would provide him with the list of issues that are
deemed in violation that need to be corrected so that they can obtain the Business License for the
dome building. Mrs. Townshend replied that the current issues are the sign and storage that need
to be resolved before another Business License can be issued.
Responding to Mr. Keller’s question that whatever is required will the City work with the
applicant to meet the requirements of the issuance of the second Business License, Mrs.
Townshend replied yes.
Responding to Chairman Sheth’s question whether there was any business at the dome building
at the current time, Mr. Rayborn replied that they were not using the building. It is locked. They
are paying for the sign and to lease the building.
Chairman Sheth questioned if there was any member present who had a conflict of interest and
there was none.
Chairman Sheth opened the public hearing.
Chairman Sheth closed the public hearing after seeing no one else wishing to speak.
Chairman questioned if there was any additional correspondence for the record. There was
10
Page 12
CITY OF DOVER BOARD OF ADJUSTMENT AUGUST 17, 2016
none.
Mr. Hufnal moved to confirm Staff recommendations of the denial of variance application V-16-
11 to allow the second pylon sign. Sign # 1 is to remain on the property and the other sign be
removed. The motion was seconded by Mr. Keller and unanimously carried 3-0. Colonel Ericson
and Mr. Senato were absent.
Mr. Keller moved to deny variance application V-16-11 pertaining to the outdoor storage trailers
in conjunction with the additional exhibits submitted today, Staff Report, and testimony of the
representative of the owner in today’s meeting. The applicant or tenant can decide which pylon
sign to remove based on their need. The motion was seconded by Mr. Hufnal and unanimously
carried 3-0. Colonel Ericson and Mr. Senato were absent.
Mr. Diaz stated for clarification that both signs are on Route 13. There are no pylon signs on Martin
Street. Because the Sign Permit was originally issued for Vapor Dome that went out of business
so he is not certain that the Sign Permit is still active. At this point, he would consider both signs
to be equal.
Mr. Keller moved to adjourn the meeting, seconded by Mr. Hufnal and unanimously carried 3-0.
Colonel Ericson and Mr. Senato were absent.
Meeting adjourned at 10:11 A.M.
Sincerely,
Maretta Savage-Purnell
Secretary
11
Page 13
City of Dover
Board of Adjustment
September 21, 2016
V-16-12
Location: 100 North DuPont Highway
Applicant: Wells Fargo Bank
Owner: Paul & Justine Davis Revocable Trust Agreement and
Kings Highway Land Partners LLC
Tax Parcel: ED-05-068.18-01-26.00-000, ED-05-068.18-01-27.00-000,
ED-05-068.18-01-24.00-000
Application Date: August 11, 2016
Present Zoning: C-4 (Highway Commercial Zone)
Present Use: Bank
Reviewed By: Bill Cook
Variance Type: Area Variance
Variance
Requested: Variances from the requirements of Zoning Ordinance Article 6
§3.4, 3.6, and 3.11 To allow a reduction in the minimum
parking space size, to waive the requirement for curbing of
parking areas, and to allow an increase in the maximum
number of parking spaces permitted.
Page 14
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 2 of 10
Project Description
As a preface to the applicant responses to variance criteria, the applicant provided the
following description of the project:
“Wells Fargo Bank is interested performing some site improvements at their location at
100 N. DuPont Highway to improve the traffic circulation and parking for its customers and
employees. These improvements include the addition of parking spaces, relocating the
ATM’s away from the access point from N. DuPont Highway, improve drive-up access to the
ATM, and to modify the on-site parking configuration to improve existing non-conforming
parking spaces. In order to achieve the desired layout, some relief is required from the
Board of Adjustment.”
Existing Condition
Exhibit B shows existing site conditions. The bank building and most parking is located on
two (2) parcels under common ownership that front on North DuPont Highway, with one
corner parcel also fronting on Maple Parkway (Parcels ED-05-068.18-01-26.00-000 and
ED-05-068.18-01-27.00-000, owned by Paul & Justine Davis Revocable Trust Agreement)
hereafter referred to as Lots 26 and 27. Additional parking is located on a portion of an
adjacent parcel located to the west (Parcel ED-05-068.18-01-24.00-000) owned by Kings
Highway Land Partners LLC hereafter referred to as Lot 24. The total number of parking
spaces currently serving the business is 30. There are 22 spaces located on Lots 26 and 27,
and 8 spaces located on Lot 24.
Proposed Condition
Exhibit C shows the proposed site work. Work on Lots 26 and 27 consists of changes to the
parking configuration, drive aisles, ATM locations, and sidewalks. Work on Lot 24 consists
of an improved entrance drive from Maple Parkway which is designed to access the bank
property as well as the primary occupant of the site, a 36,185 S.F. +/- grocery store.
Additional parking spaces are located along the entrance drive. The grocery store project
(Application S-16-14) was conditionally approved by the Planning Commission at its
meeting of July 18, 2016. Upon completion of the site work the plan proposes a total of 43
spaces for use by Wells Fargo. Eighteen (18) spaces would be located on Lots 26 and 27,
and 25 spaces would be located on Lot 24.
The applicant is seeking variances related to the following, which will be described in
greater detail in the “Code Citations and Requested Variances” section that follows:
A reduction in the minimum parking space size, in order to accommodate angled
parking on Lots 26 and 27.
A waiver of the requirement for upright 6” curbing in all driveways and parking
areas in order to allow portions of the site on Lots 26 and 27 to be constructed
without curbing.
An increase in the maximum number of parking spaces permitted to allow 43 spaces
for use by Wells Fargo.
Page 15
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 3 of 10
Adjacent Land Uses
Refer to the Zoning Map (Exhibit A). The property consists of parcels located on the west
side of North DuPont Highway and north of Maple Parkway. Properties immediately
surrounding and across the highway are also zoned C-4 (Highway Commercial Zone). A
portion of Lot 24 and an adjacent parcel are zoned IO (Institutional and Office Zone). Five
(5) properties shown on Exhibit A north of Lots 26 and 27 and fronting North DuPont
Highway will be consolidated with Lot 24 as part of the grocery store project. A separate lot
will be created for the rear portion of existing Lot 24 (which is currently split-zoned IO and
C-4) so that the new lot will be zoned IO. The former Playtex site located on the south side
of Maple Parkway is vacant and zoned SC-1.
Code Citations and Requested Variances
Banks are neither expressly permitted nor prohibited in the C-4 zone and are considered
by this office as a permitted type of service establishment as a primary use, and could
additionally be considered a type of office use. “Service Establishments” and “Business,
professional or governmental offices” are permitted uses in C-4. “Drive-throughs” are a
permitted accessory use in C-4 and the bank has drive-through service.
Minimum Parking Space Size
Zoning Ordinance Article 6 §3.4 specifies that the minimum parking space dimensions shall
by 9 feet wide and at least 18 feet in length.
The ordinance is silent regarding dimensions for angled spaces. Additionally, the placement
of concrete parking bumpers within the minimum parking space footprint is not specified.
Variance Request: Reduction in Minimum Parking Space Size
Referring to Exhibit C, eleven (11) spaces are shown on the east side of the property (Lots
26 and 27) abutting North DuPont Highway. Of these, ten (10) are angled.
The proposed spaces appear to comply with the 9’ width requirement. As proposed, the
parking spaces are striped such that the rear of the parking spaces are shown to terminate
18. 95’ from the front property line abutting the North DuPont Highway right-of-way.
Concrete parking bumpers are provided. The plans show that the distance from the parking
bumpers to the rear of the parking spaces is 16.65’. The proposed drive aisle between the
parking spaces and the sidewalk fronting the building is 16 feet.
The applicant is requesting a reduction in the parking space length from 18’ to 16.65 for
the angled spaces fronting North DuPont Highway, measured from the concrete parking
bumpers at the front of the spaces to the rear of the spaces.
Upright Curbing Requirement
Zoning Ordinance Article 6 §3.6(b) requires all permanent parking areas to be enclosed
with upright curbing at least six (6) inches in height. The planning commission may relax
this requirement for a portion of a parking area when there is a demonstrated need to
convey stormwater to a proposed or approved stormwater management area.
Page 16
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 4 of 10
Variance Request: Partial Elimination of Upright Curbing Requirement
The existing parking lot does not have curbing along the North DuPont Highway and Maple
Parkway frontages. The parking lot is flush with the sidewalk in the right-of-way.
The applicant is requesting that the proposed site work retain this curbless condition at
those locations. Curbing is provided in other locations on Lots 26 and 27, and curbing is
shown for the work proposed on Lot 24.
Maximum Number of Off-Street Parking Spaces
The “Zoning Bulk and Parking Regulations” found in Zoning Ordinance Article 4 §4.15 for
parking in the C-4 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.
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 proposed scenario for the site.
Table 1
Off-Street Parking Calculations
100 North DuPont Highway (V-16-12)
Parking Spaces
As Required by Floor Area, C-4 Zone (1)
Existing Structure (S.F.) 5,269
Required 18
Maximum Permitted 23
As Required by Employee Count
Number of Employees 24
Required 24
Maximum Permitted 30
Requested
To be constructed on Lot 26 & 27 18
To be constructed on Lot 24 25
Total Requested 43
(1) Code requires the greater of either calculation method
Variance Request: Increase in Maximum Number of Off-Street Parking Spaces
The proposed site work is shown in Exhibit C. On Lots 26 and 27, 18 angled spaces are
proposed adjacent to the North DuPont Highway and Maple Parkway frontages. An
additional short term parking area is shown near the south side of the building near the
ATMs. On Lot 24, 25 spaces are shown along the proposed entrance drive from Maple
Parkway.
Page 17
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 5 of 10
The applicant is requesting an increase in the maximum number of parking spaces for use
by Wells Fargo. The maximum permitted is 30 spaces. The applicant is requesting 43
spaces.
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 subject site is located in the C-4 Zone which has been designed for commercial
uses. The existing Wells Fargo Bank is a permitted use in the C-4 Zone. The
surrounding properties also permit commercial/industrial uses, therefore, would
not be expected to be negatively impacted by the requested relief or require any
special provisions.”
Staff Response:
The C-4 (Highway Commercial Zone) permits retail stores, restaurants, business,
professional or governmental offices, hotels, and numerous other uses. Drive-in
facilities accessory to any permitted use are permitted. Certain conditional uses are
Page 18
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 6 of 10
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.
C-4 is found primarily along DuPont Highway and Bay Road and is generally
characterized by generous parking and a site layout that prioritizes motorist
convenience. Banks with drive-throughs are common in C-4.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Responses:
“The subject site consists of a single two-story building that is utilized as a Wells
Fargo Bank branch as well as provides its customers access to wealth management
and financial management advisors, mortgage and other loan officers, and various
other financial services. In addition, this location is used for employee training
purposes. As a result of providing the variety of services to its customers, Wells
Fargo has approximately 24 employees that could be in this facility at any given
time and this branch is the busiest location in the region. As a result, the existing
available parking is often insufficient. Accordingly, the proposed application
includes additional parking on the adjacent property to the west of the subject site.
The appropriate easement agreements will be provided to allow for its use.
The adjacent property to the west is currently under review for redevelopment by
others. As part of this application, we have coordinated with the adjacent
development team to ensure that the two developments are consistent. The
adjacent properties are zoned for either commercial or industrial uses.”
Staff Response:
Within the immediate vicinity, many adjacent properties between Maple Parkway
and Kings Highway are being consolidated for the forthcoming grocery store as
previously described. Other nearby businesses across North DuPont Highway are a
mix of food establishments, service establishments, and other uses. Also located
nearby on Kings Highway are professional offices and housing of various types.
The property is in character with the surroundings, which could be described as
mixed-use highway commercial that serves local and regional traffic.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Responses:
“Based on the existing conditions, the facility has the need for additional parking
beyond the requirements outlined in the ordinance. There are no proposed uses as
part of this application. As a result, the increase in parking will provide an overall
positive impact to the site and the adjacent roadways.
Page 19
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 7 of 10
The parking spaces along the frontage of N. DuPont Highway are important to the
operations of the bank due to their location to the main doorway. These spaces are
shorter in length than the minimum requirement of 18 feet. The proposed
modifications are improving this existing condition to make the stall length as close
to 18 feet as possible. The proposed layout will minimize the amount of overhang
into the N. DuPont Highway right-of-way which will provide an improvement to this
area.
The surface grades are a consistent plane from the right-of-ways in N. DuPont
Highway and Maple Parkway on to the subject site. Under existing conditions, no
curbing is provided as it would result in a 6” high protrusion in a pedestrian area.
This could result in a ‘tripping hazard’. For similar reasons, we are requesting that
this relief be granted to maintain the existing conditions and would provide a safer
condition for walk-up customers.”
Staff Response:
Staff believes that the proposed site work would not negatively impact surrounding
properties and uses. The proposed work on Lots 26 and 27 improves the layout and
parking on an existing site that has numerous constraints. The building is close to
the road, and the angled parking provides a reasonable arrangement to allow
parking in front of the lot. The installation of parking bumpers is desirable in order
to prevent vehicle overhang that could encroach into the DuPont Highway sidewalk
right-of-way, and to prevent vehicles from inadvertently driving from the property
into the right-of-way.
The proposed additional parking on Lot 24 would be a desirable location for long-
term employee parking in order to provide convenient parking availability closest to
the building for Wells Fargo customers. The grocery store to be constructed on Lot
24 has ample parking near the building as required by code. The Lot 24 property
owner and Wells Fargo have worked cooperatively to devise a parking agreement
that lets Wells Fargo utilize a portion of the property for parking.
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:
“As indicated above, this location is the busiest branch in the region. Accordingly,
there is a very active customer base that utilizes the on-site pedestrian/vehicular
circulation and parking spaces on a daily basis. These improvements are intended
to create a safer environment for the customers, employees, and the community at
large by creating additional employee parking. In order to create the safer
environment, we have provided a solution with the consent of the adjacent property
owner to utilize a portion of their property. The Wells Fargo property is unique in
that the extremely active community has resulted in the need for a high number of
Page 20
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 8 of 10
employees. The structure is a 2-story building which allows for the ability to
provide a variety of financial services that the customers in the City of Dover require
in one location. Some of which include financial and wealth management, mortgage
and other personal loans, safe deposit boxes, regular banking needs, and other
services as required. Without the granting of the required relief, the facility will
often be without available parking spaces which could result in customers parking
in non-designated spaces. This haphazard parking will impact the on-site vehicle
circulation and potentially result in vehicles stacking into N. DuPont Highway.”
Staff Response:
Staff concurs with the applicant’s statement of the necessity of parking over the
maximum due to the number of employees on site and volume of customers. Staff
also recognizes that the nature of the banking business has evolved to offer a wide
variety of financial services to the community.
A bank operation, which could be considered to have elements of retail, service, and
office functions, may operate 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 Zoning Ordinance does not
impose an additional requirement for parking based on the property’s use as a bank.
Staff, the Board of Adjustment, and the Planning Commission have all recognized the
need to revisit parking regulations for certain uses.
With regard to the parking stall length, the existing conditions on the site justify the
variance request, as the installation of parking bumpers prevents conflicts with
parked cars and the frontage sidewalk, and the location of the building does not
allow for further modifications in the site layout in this area to accommodate the
stall depth of 18 feet.
Variance Recommendation
Staff recommendations for the variance requests are as follows:
Reduction in Minimum Parking Space Size
Staff recommends approval of the variance for a reduction in the minimum parking
space length to permit the parking spaces along the North DuPont Highway frontage
to measure 16.65 feet in length measured from the proposed locations of the
concrete bumpers.
The available depth of the parking spaces is limited by the existing conditions on the
property including the existing building location as well as requirements related to
the width of the drive aisle.
Partial Elimination of Upright Curbing Requirement
Based on the information presented, Staff believes that Board action is not required.
The curbless areas on Lots 26 and 27 are acceptable as an existing condition.
Curbing is shown in the proposed parking areas on Lot 24.
Page 21
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
Page 9 of 10
If the applicant desires to eliminate curbing on Lot 24, and can demonstrate that a
partial elimination of curbing would facilitate storm water management, a waiver
can be sought from the Planning Commission.
Increase in Maximum Number of Off-Street Parking Spaces
Staff recommends approval of the variance to permit an increase in the maximum number
of off-street parking spaces.
The parking proposed by the applicant is reasonable considering the parking demand of
the business as stated, based on the number of employees and customers.
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.
Page 22
V-16-12 Wells Fargo Bank at 100 North DuPont Highway
Board of Adjustment Report
APPENDIX/ATTACHMENTS
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A Zoning Exhibit Map 1
(Staff)
B Site Plan, existing condition 1 (11” x 17”)
(Applicant)
C Site Plan, proposed 1 (11” x 17”)
(Applicant)
Page 23
City of Dover Exhibit A
Application No.: V-16-12
Department of Planning & Inspections
R-7
R-7
C-4
d
kR
RG-5 Oa R-7
e
hit Halse
W
yR
R-7 R-7
C-4
d
R-7
ROS Up
lan R-7
v R-7
Edgehill Ave
La ke
ve
dA
C-4
ie w
ROS R-20
Dr
Le
w i il
R-10 eenh
sM RG- C-4 RM-2 Gr
1 y
kw
Dr ve
SITE
ill lA
P
ROS ple
R-7 Ma R-7
R-7
R-7 R-7
R-7
R-7
IO
RG-
R-8 gem R-7
Ed 2
ont
C-4
IO Ave
n
D up RG-1 nL
e R-7 R-7
Kings
ont ar d
gG
rin RG-2
Sp
Hw
Hwy
y
R-8
ve SC-1 C-4
w are A R-8
Dela ROS
R-8
RG- R-8
St
RG- 1 Ken
is ion R-8
1 IO Div
t Ave
RG-1 R-8
R-8
Map
le SC-2
R-10
Ln
R-10
R-10
Park Dr
R-8 R-10
B ay d t
lR C-4 nS
hil a C-4
hn
n
Jo
ee erm
a rd
Gr
R-10 k B
oc
nn
R- R-10 Ave
C-4 Lo C-4 Hu
ROS ro w
10 nR
d
Title: Wells Fargo Bank Parking
Street
Address: 100 N DuPont Hwy
Parcel ID: ED-05-068.18-01-26.00-000
ED-05-068.18-01-27.00-000
« Legend
Zoning
Dover Parcels
ED-05-068.18-01-24-00-000 Subject Property
Zoning: C-4 (Highway Commercial Zone)
Historic District
Owner: Paul & Justine Davis Revocable Trust Agreement and
Kings Highway Land Partners LLC Wetland Areas
Date: 8/23/2016
0 250 500 1,000 Feet
Flood Hazard Zones
Page 24
Exhibit B
Page 25
A B C D E F G H I J K L
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Exhibit C
REV. DATE: REVISION COMMENT: BY:
DESIGN DATE: 8/12/16 ZONING PLAN
REV 0 DRAWN BY: TSM SHEET NO.:
FOR
SHEET TITLE:
PROFESSIONAL ENGINEER
CHECKED BY: TFP ZONING
DRAWING SCALE: As Shown
OF 1 1 WELLS FARGO
PARCEL ID#:ED05-068.18-01-26.00 AND 27.00
PROJECT #: 14-007 100 N. DUPONT HIGHWAY PHONE: 908-968-3499 FAX: 908-968-3291
PLAN
8/12/16 361 ROUTE 31, BLDG E, SUITE 1404
DE LICENSE No.17134
CAD FILE: 14-007ZB00 CITY OF DOVER FLEMINGTON, NEW JERSEY 08822
KENT COUNTY, DELAWARE WWW.NORTHSTARDESIGNLLC.COM