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CITY OF DOVER BOARD OF ADJUSTMENT
AGENDA
Wednesday, March 21, 2018 at 9:00 AM
City Hall, Council Chambers
15 Loockerman Plaza, Dover, Delaware
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES of January 17, 2018 Meeting
COMMUNICATIONS & REPORTS
1. Reminder: The next Board of Adjustment regular meeting is scheduled for April 18, 2018 at
9:00am in the City Council Chambers.
NEW BUSINESS
Applicant #V-18-01
35 and 39 North New Street. Larlham Construction, LLC has requested two variances from the
requirements of the Zoning Ordinance. The first request pertains to Article 4 §4.4 regarding the
minimum lot area requirement. Specifically, the applicant seeks to permit a total lot size for Lot #2 of
1,650 SF, instead of the required minimum lot size of 1,800 SF. The second waiver request also pertains
to Article 4 §4.4 regarding the minimum lot depth. The applicant is proposing that all three lots have an
average depth of 91.6 ft., instead of the required 100 ft. minimum lot depth. The site is located on the
east side of North New Street, just south of Fulton Street. The site currently contains two parcels, with
the parcel addressed as 35 North New Street being 0.14 acres +/- and the parcel addressed as 39 North
New Street being 0.07 acres +/-. The two parcels combined are 0.21 acres +/- in size. Part of the
proposal is to create three (3) new parcels on the site and reorient them to face north to Fulton Street.
Subject property is zoned RG-3 (Group Housing Zone). Tax Parcel: ED-05-076.08-05-39.00-000 and
ED-05-076.08-05-40.00-000. The owners of record are Larlham Construction, 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.
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CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
January 17, 2018
A Regular Meeting of the City of Dover Board of Adjustment was held on Wednesday, January
17, 2018 at 9:07 A.M. with Vice Chairman Ericson presiding. Members present were Vice
Chairman Ericson, Mr. Keller, Mr. Hufnal and Mr. Senato. Chairman K.C. Sheth was absent.
Staff members present were Mrs. Purnell, Mr. Diaz, Mr. Hugg and City Solicitor Mr. Rodriguez.
APPROVAL OF AGENDA
Mr. Senato moved to approve agenda as submitted. The motion was seconded by Mr. Hufnal and
unanimously carried 4-0. Chairman Sheth was absent.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES
OF NOVEMBER 15, 2017
Mr. Hufnal moved to approve the meeting minutes of November 15, 2017 with any necessary
corrections. The motion was seconded by Mr. Senato and unanimously carried 4-0. Chairman
Sheth was absent.
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES
OF DECEMBER 20, 2017
Mr. Keller moved to approve the meeting minutes of December 20, 2017 with any necessary
corrections. The motion was seconded by Mr. Hufnal and unanimously carried 4-0. Chairman
Sheth was absent.
OPENING REMARKS CONCERNING DEVELOPMENT APPLICATION
Mr. Dave Hugg, Planning Director of Planning and Inspections stated that the meeting today will
be conducted in accordance with the motion of the Agenda. There is one (1) application on the
agenda under Old 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 applications on this agenda was completed in accordance with Code
requirements. The meeting agenda was posted in accordance with Freedom of Information Act
requirements.
OLD BUSINESS
Applicant #V-17-17.
299 College Road. Stephen E. Lumor has requested a variance from the requirements of the
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CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 17, 2018
Zoning Ordinance, Article 4 §4.8 pertaining to maximum lot coverage for multiplex dwellings in
the RM-2 (Medium Density Residence) Zone. Specifically, the applicant seeks to increase the
maximum lot coverage on the site from 35% to 40%. The site is located on the north side of
College Road west of Mishoe Street, and adjacent to Conwell Street. It is 0.42 acres +/- in size
and zoned RM-2 (Medium Density Residence Zone). Tax Parcel: ED-05-067.00-02-26.00-000.
The owner of record is Stephen E. Lumor.
Exhibits for the Record: Staff Report, zoning exhibit, and statement and plans submitted by the
applicant. Legal Notice was published in the Delaware State News on January 7, 2018. The
public was notified in accordance with regulations.
Mr. Diaz gave a brief overview of the application.
Mr. Hufnal commented on the Memo of January 9, 2018 with the background information of the
Variance Application and Code requirements for multiplexes. At the last meeting, there were a
lot of comments regarding what “multiplexes” meant and what it covered. This memo was very
helpful in clearing up the questions. Mr. Hufnal and Vice Chairman Ericson thanked Mr. Diaz
for preparing the Memo which would add a lot to allow the Board to make the proper decision.
Vice Chairman Ericson questioned if there was any member present who had a conflict of
interest and there was none.
Representative: Mr. Mark Strickland PE, Century Engineering
Mr. Strickland was sworn in by Mr. Rodriguez.
Mr. Strickland testified that Mr. Diaz gave a very thorough explanation of the research and
findings. They did look into the parcel history and found that was originally described as two (2)
lots in the 1899 College Settlement subdivision that was never developed. Looking at the
historical area imagery, you can tell that between 1956 and 1961 there was a house constructed
on the property that looks to be centered between what would have been Lots 145-146 indicating
that at that time the lots were already consolidated. At this point in time the reference to the two
(2) Lots on the deed is simply a reference to describe the boundaries of the property as it was
originally delineated by the two (2) Lots in the subdivision. It is no longer two (2) Lots; again it
is just using those two (2) Lots as reference to describe the boundaries of the property. The
owner of the parcel is Steven Lumor and not Enyam LLC as it was originally stated in the plans.
The plans have been amended to reflect the correction. All documentation going forward should
reference Steven Lumor as the owner of the property. Upon research the only restriction on the
property is the DelDOT right-of-way and permanent easement that is dedicated along College
Road.
Mr. Hufnal questioned if the reason mainly for the variance was because of the restrictions that
DelDOT put on the entrance to provide for the extra space, curbing and also the part required for
the parking lot and that it had nothing to do with the housing itself. Mr. Strickland replied that is
correct. They had the house designed to be slightly under 35% impervious originally and then
during the planning process they had a recommendation from DelDOT to widen the entrance by
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CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 17, 2018
4- feet. From the Fire Marshal, they did not have to delineate a fire lane, but to expand the width
of the area behind the parking spaces so that emergency vehicles could access the site. They
made those two (2) improvements to expand the area of imperviousness to help DelDOT and the
Fire Marshal access the site and that is what put them over the 35%.
Mr. Keller questioned the consolidation and the one lot that is in effect, and if there were any
legal actions that changed the original subdivision plan (as there are still Lots 145 and 146). Mr.
Strickland replied that they did not have any record plan of consolidation of the two (2) parcels
other than them being described as one (1) parcel on the current deed. Describing the parcel
using those two Lots is as a reference to the boundaries, not actually that it is two (2) Lots.
Mr. Keller commented that he agreed with the statement and in fact the deed of transfer from the
City of Dover to Stephen E. Lumor cites the two (2) Lots (parcel of land, etc.).
Mr. Keller asked Mr. Diaz with the City’s Recommendation for Approval of the application
whether the City position was still in favor of specific language in any motion for approval that
the Site shall hereby declared as a multiplex use only. Mr. Diaz replied that the City’s
Recommendation would be that the decision include the language stating that the variance would
only be granted if a multiplex were constructed on the Lot. If it was a different kind of residential
use, then the restrictions should remain as is in the Zoning Ordinance.
Mr. Keller asked in so doing, is he correct in thinking that thereby this multiplex is constructed
and five (5) years from now burns to the ground, the land is sold to some other entity, any
reconstruction would still have to comply with the multiplex increase in the density which we are
talking about from 35 to 40 percent.
Mr. Diaz replied that if the new owner five years later wanted to build another multiplex then
they could use the variance that is granted today (if granted). If they were to build something else
they would not be able to. The reason for the recommendation is that there is a demonstrated
need with this project for an increase in lot coverage, but the City does not believe that the
increase would automatically be needed with a single family or townhouse use.
Vice Chairman Ericson opened the public hearing.
Vice Chairman Ericson closed the public hearing after seeing no one wishing to speak.
Vice Chairman Ericson questioned if there was any additional correspondence for the record.
There was none.
Mr. Hufnal moved to approve variance application V-17-17 based on the new information
received today, Staff comments, and Staff recommendations that the variance apply only to the
use of the property as a multiplex. The motion was seconded by Mr. Senato. Motion carries 4-0.
Chairman Sheth was absent.
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CITY OF DOVER BOARD OF ADJUSTMENT JANUARY 17, 2018
Mr. Senato thanked Mr. Diaz for his diligence and expertise in bringing all the information that
was needed to this meeting, and he commended him for the work that was well done. They all
concurred.
Vice Chairman Ericson stated that the next meeting will be held on February 21, 2018. He asked
if the members present would be able to attend the meeting as the Chairman will not be present.
Mr. Senato stated that he would be in Florida until March 11, 2018.
Vice Chairman Ericson stated that if anyone could not attend the meeting to please call the
Planning Office so that the meeting can be canceled and rescheduled.
Mr. Keller stated that he has been summoned for Jury Duty, but he submitted a return to decline
due to his age. He will contact Vice Chairman Ericson once he receives the decision.
Meeting adjourned at 9:39 A.M.
Sincerely,
Maretta Savage-Purnell
Secretary
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City of Dover
Board of Adjustment
March 21, 2018
V-18-01
Location: 35 and 39 North New Street, Dover DE
Applicant: Larlham Construction, LLC
Owner: Larlham Construction, LLC
Tax Parcels: ED-05-076.08-05-39.00-000 and
ED-05-076.08-05-40.00-000
Application Date: February 08, 2018
Present Zoning: RG-3 (Group Housing Zone)
Present Use: Vacant
Proposed Use: Townhomes (3 residential units)
Reviewed By: Julian Swierczek, Planner I
Variance Type: Area Variance
Variances Requested: To allow a decrease in the minimum allowable lot size
for Lot #2 from 1,800 SF to 1,650 SF, and to allow a
decrease in the minimum lot depth for all three (3) new
lots from 100 feet to an average of 91.6 feet
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 2 of 9
Project Description
The applicant proposes creating three (3) new parcels of land out of the two (2) currently
existing parcels, so as to build three (3) new townhouses. The new parcels would no longer
face west to North New Street, but rather north to Fulton Street. The first requested
variance is from the provisions of Zoning Ordinance, Article 4 §4.4, specifically the
minimum required lot size for a group dwelling unit in the RG-3 (Group Housing Zone). In
the RG-3 Zone, a townhouse (group dwelling) has a minimum lot size of 1,800 SF, but the
applicant is requesting the minimum lot size for Lot #2 of the proposed development be
reduced to 1,650 SF.
The applicant is further requesting a second variance, also from the Zoning Ordinance,
Article 4 §4.4, specifically the minimum lot depth required for a group dwelling unit in the
RG-3 (Group Housing Zone). In the RG-3 zone, a lot is required to have a minimum depth of
100 feet. The average lot depth of the three (3) proposed new lots would be 91.6 feet.
This project has not yet been reviewed by the Planning Commission; submission of a Minor
Subdivision Plan application is required.
Adjacent Land Uses
The properties were subject to a rezoning application Z-15-03 that went before Planning
Commission at its July 20, 2015 meeting and was subsequently recommended for approval
by the Planning Commission to the City Council. As approved by City Council, Z-15-03
changed the zoning of the two properties from RG-1 (General Residence Zone) to RG-3
(Group Housing Zone). The application to rezone was made as the owners of the properties
at the time stated they wanted to be able to build townhouses on the site. The Planning
Staff had recommended approval of the rezoning from RG-1 to RG-3 as the housing styles
permitted in the RG-3 zone were consistent with the Downtown Development District and
Restoring Central Dover Plans.
The properties are now zoned RG-3 and are located on the east side of North New Street
south of Fulton Street, and are immediately surrounded by properties zoned RG-1 to the
west, south, and east. The property to the north across Fulton Street is zoned IO
(Institutional and Office Zone) and is the tennis courts for Wesley College. The properties
that are zoned RG-1 are mostly developed as residential properties. The subject parcels are
within the Downtown Development District and “Restoring Central Dover” study area,
where the City is working to promote homeownership and residential development.
A Zoning Map Exhibit (Exhibit A) showing adjacent zoning districts can be found in the
attachments to this Report.
Code Citations
According to Zoning Ordinance, Article 3 §3.12, One-family group dwellings such as
townhouses are a permitted use in the RG-3 Zone. Townhouses are given a definition in
Zoning Ordinance, Article 12 to distinguish them from one-family detached dwellings,
which are also permitted in the RG-3 Zone and have differing bulk standard requirements.
The Zoning Ordinance further defines an attached dwelling as well as a multiple dwelling,
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 3 of 9
as both definitions also apply towards the understanding of a townhouse in the context of a
group dwelling.
Zoning Ordinance Article 12
Townhouse: A one-family, attached dwelling unit, with one dwelling unit from [the] ground to the
roof, having individual outside access.
Dwelling, attached: A dwelling having one or more walls in common with another dwelling.
Dwelling, multiple: A building, or portion thereof, containing more than two dwelling units.
Dwelling, one-family: A permanent dwelling unit placed on a permanent foundation and designed
and intended for use by only one family. One-family dwellings shall not include manufactured
homes or mobile homes but shall include modular homes constructed to the standards of the
Dover Code of Ordinances, Chapter 22—Buildings and Building Regulations
Zoning Ordinance, Article 4 §4.4 lists the bulk and area standards for different types of
residential uses in the RG-3 zone. Townhouses are not listed specifically. However, the
format of the townhouse fits the definition of a “group dwelling.” Table 1 below
summarizes the requirements applying to “group dwellings” and compares them to the
applicant’s proposed project. The standards requiring a variance is highlighted.
Table 1: Zoning Requirements and Requested Bulk Standards
V-18-01 Larlham Construction, LLC at 35 and 39 N New St
RG-3 (Group Housing Applicant's Project
Zone)
Residence Type: Group Dwellings Townhomes (Group Dwellings)
Standard: Requirements Proposed
Minimum requirements
per dwelling unit: Lot 1 Lot 2 Lot 3
Lot area (sq. ft.) 1,800 5,174 +/- 1,650 +/- 2,998 +/-
Lot width (ft.) 18 32.6 +/- 18 32.6 +/-
Lot depth (ft.) 100 91.6 +/- 91.6 +/- 91.6 +/-
Front yard (ft.) 15 16 16 16
Minimum side yard (ft.) 15 15 N/A 15.2 +/-
Off-street parking 1/DU 3 0 0
spaces
Maximum permitted:
Building Height (stories) 3 3 3 3
Building Height (ft.) 35 34.8 +/- 34.8 +/- 34.8 +/-
Building Coverage 45% 42.04% 34.18% 18.35%
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 4 of 9
Applicant’s Proposed Project
The applicant proposes subdividing the two parcels into three and reorienting them to face
north to the Fulton Street frontage instead of west to North New Street. The three new lots
would each contain a new townhouse unit. The applicant has identified the new lots as Lots
#1, #2, and #3.
Lot #1 is the lot furthest to the east and is also the largest with 5,174 SF. It is proposed to
have one 3-story house, 34.8 ft. in height, and have a footprint of 550 SF. There is also a
parking lot on the site which contains 3 parking spaces for the use of all three townhouse
units. This parking lot is to be accessed via an unnamed alley that runs south from Fulton
Street to Division Street and the parking lot area is approximately 1,625 SF.
Lot #2 is proposed to have a similar 3-story townhouse unit with a building height also of
34.8 ft and a building footprint of approximately 564 SF. Lot #2 is proposed to have an
overall lot area of 1,650 SF. This is 150 SF short of the required minimum of 1,800 SF as
stated in Article 4 §4.4 of the Zoning Ordinance.
Lot #3 is the westernmost lot of the proposed project and like the other two, is proposed to
have a 3-story townhouse of approximately 34.8 ft. in height with a building foot print of
550 SF.
All three lots are proposed to have an average lot depth of approximately 91.6 ft. This is
short of the required 100 ft. minimum lot depth as stated in Article 4 §4.4 of the Zoning
Ordinance.
A site plan of the applicant’s proposed project, received February 08, 2018, can be found in
in Exhibit D.
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
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 5 of 9
character of that use of the property that is a permitted use under the provisions of the Zoning
Ordinance.
Review of Application
The applicant has included an explanation as to the nature of the request as follows:
“The current configuration of the parcels have both fronting on North New Street;
therefore, having New Street addresses. The owner’s intention when purchasing the
parcels was to apply for a Minor Lot Line Adjustment to have both parcel front on
Fulton Street to make them easier to find tenants once a townhome was
constructed. After the purchase of the parcels and in subsequent research and
conversation with the City of Dover Planning Office, it came to light that the parcels
were zoned RG-3, not RG-1, and to make the investment worth the purchase, the
owner pushed forward to pursue the townhome concept as allowed under RG-3
zoning. For this concept to become reality, there are (2) variances that are being
requested:
1) As shown on our plan, the minimum lot area requirement is 1,800 sq. ft.
Proposed Lot #2 would have a lot area of 1,650 sq. ft. 150 sq. ft. less than
required.
2) As shown on our plan, the minimum lot depth requirement is 100’. All (3)
lots proposed would have an average depth of 91.6’, 8.4’ less than
required.
After careful consideration of what the Board of Adjustment is responsible for
considering and knowing that that proposing to add (1) lot in addition to the (2)
existing AND proposing to rotate lot frontages to Fulton Street rather that North
New Street may not look favorable on the surface, but the owner believes that the
result will be a benefit to himself and the City of Dover. The look and finish of a
townhome facing the tennis courts, with landscaping around the finished structure
will be appealing, easier to find tenants willing to rent, and hopefully raise the value
of the properties in the immediate area.”
As a part of the application, the applicant was further asked to state how the requested
variance relates to the above four criteria. The applicant’s responses are provided below,
along with a staff assessment of the application in accordance with the required criteria.
These responses may also be found in Exhibit C together with additional background
information provided by the applicant. The applicant responded to points 1 and 2 jointly,
and points 3 and 4 jointly.
1. The nature of the zone in which the property lies.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Response:
“The parcels are located at the intersection of North New Street and Fulton Street.
Subject lots currently are currently vacant and ‘front’ North New Street (Parcel 39.00
fronts on both North New Street and Fulton Street) and are both zoned RG-3. With
the exception of the Wesley College properties along Fulton Street which are zone
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 6 of 9
I/O, the majority of the surrounding parcels are zoned for residential use, more
specifically RG-1.”
Staff Response:
1. The RG-3 (Group Housing Zone) specifically allows for the construction of one
family detached dwelling units and townhouse units. It should be noted that,
were the parcels not to be further subdivided and reoriented to face north to
Fulton Street, the bulk standards for one family detached dwellings in the RG-3
would provide approximately 38 ft. x 24 ft. of potential development area on the
parcel currently addressed as 39 North New Street, and 69 ft. x 35 ft. of potential
development area at 35 North New Street. However, neither of the lots today
meet the required minimum lot size of 6,000 sq. ft. or minimum lot width of 50
ft. as required by today’s code for a single-family detached dwelling in the RG-3
zone. The parcel addressed as 39 North New Street further doesn’t meet today’s
code for minimum lot depth of 100 ft. This current arrangement would have the
parcels maintain a North New Street address which the applicant attests is one
of the main reasons to seek the subdivision and new addressing of the parcels to
face Fulton Street.
The 2015 application Z-15-03, rezoning the property to RG-3, was supported by
Planning Staff and approved by the Planning Commission and City Council
because it was thought this site’s close proximity to Downtown Dover meant a
higher density residential zone would be conducive with a more densely
populated and active downtown Dover. While the RG-3 allows the use for
townhouse units, variances appear necessary to meet the bulk standards. The
submission does not look at creating three townhouse lots facing North New
Street.
2. The character of the immediate vicinity is residential, with predominately single-
family homes. The nearby lots are generally narrow, meaning the new addition
of townhomes would generally fit in with the surroundings if the zoning
classification allows for townhouses. The site is also in close proximity to
Downtown Dover, where there are services available. As vacant lots, this is an
opportunity for infill development of additional residential units in an existing
residential area.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses
4. Whether, if the restriction is not removed, the restriction would create unnecessary
hardship or exceptional practical difficulty for the owner in his efforts to make
normal improvements in the character of that use of the property that is a permitted
use under the provisions of the Zoning Ordinance.
Applicant Response:
“One of the reasons for the configuration proposed is to have the lots front on Fulton
Street for Fulton Street addresses. Will that impact the neighboring properties
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 7 of 9
negatively, we do not believe so. The surrounding area has an abundance of single
family homes, some in decent shape, most not. We feel that the addition of this
townhome will have a visually better impact on said area and can only be favorable.
Also, this configuration would have a more favorable impact for the city and the
owner. The owner can market and entice tenants with a Fulton Street address with a
view of the tennis courts and the city would benefit from taxes on the extra lot along
with impact fees, permits, utilities, etc. The concept could also work by simply
subdividing the lots as-is facing North New Street, but even then, variances would
still be required, and those requests would have been much more difficult to grant
as the depths would have been shorter and lots areas would have been a bit smaller.
While the lots would be slightly wider, it would make meeting the City zoning
requirements a little more difficult, specifically the depth and/or areas of the lots
being proposed. They would also be more problematic to market with New Street
addresses. The owner does have an option to build (2) separate single family homes,
but if the zoning allows for a townhome and he can meet nearly all the requirements
but the (2) which requires minimal variances, it makes more financial sense to try
and maximize the return on his investment and we hope that the Board agrees.”
Staff Response:
3. With a proposal of reconfiguration of the properties to create lots for townhouse
units, the units can be placed to meet the setback requirements on both the
North New Street and Fulton Street frontages. Building height and lot coverage
are in compliance with Code requirements. The requested variances deal with
the format of the proposed lots. The existing property (2 lots) are impacted by
their corner location and their shape (saw-tooth property line). The Planning
Staff does not believe that the removal of the restriction would have a
detrimental effect on the surrounding neighborhood. The variances requested
for lot depth and general lot size for Lot #2 are both features not generally
visible to the neighboring community. The neighborhood consists of lots small in
width and smaller in the minimum lot size required by today’s code.
4. If the guidelines were not removed, it would make the owners intended
development for townhouses facing Fulton Street impossible. The site currently
consists of two parcels and therefore would not permit 3 townhouses without
some reconfiguration to create 3 parcels. However, the existing parcels could be
developed with a one family detached dwelling unit on each parcel, with the
existing lot sizes being considered legal, non-conforming. The current
orientation towards North New Street has been described by the applicant as
being difficult because of the negative news coverage of crime on North New
Street. The applicant believes the reorientation of the site to Fulton Street would
help in finding residents.
Variance Recommendations
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V-18-01 Larlham Construction LLC at 35 and 39 N. New Street
Board of Adjustment Report
Page 8 of 9
Staff recommends approval of the variance to decrease the minimum lot coverage for the
proposed Lot 2 from 1,800 SF to 1,650 SF, as well as the variance to reduce the minimum
lot depth on all three (3) proposed lots from 100 ft. to 91.6 ft. for reasons as follows:
• The proposed use for townhouse units is in keeping with the nature and allowable
uses in the RG-3 Zone and the residential character of the surrounding area.
• The site is near to Downtown Dover and the services provided there, where
Planning Staff and the Planning Commission have decided higher density residential
units are desirable in increasing Downtown Dover’s vibrancy.
• The surrounding neighborhood has many vacant or underutilized lots and the
construction of three new townhomes would be welcomed improvement to the
neighborhood’s character.
• If the variances were not to be granted, the applicant would likely be made to
develop the parcels as-is, facing North New Street which they believe will be more
difficult in their efforts to find tenants.
• The lots as they are, are smaller than Code requires now for one-family detached
dwellings, so any new single family detached dwelling construction would result in
only 2, somewhat smaller houses with small yards.
Advisory Comments to the Applicant
• If granted, variances become null and void if work has not commenced within one
(1) year of the date the variance was granted. At present there is no provision for
extension.
• Improvements to the property are subject to Site Development Plan approval
processes through the Planning Commission, and appropriate permits from the City
of Dover Department of Planning & Inspections and other agencies.
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V-18-01 Larlham Construction LLC at 35 and 39 N. New St.
Board of Adjustment Report
APPENDIX/ATTACHMENTS
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A Zoning Map Exhibit 1
(Staff)
B Board of Adjustment Application 1
C Applicant Statement 2
(Applicant)
D Current Site Plan/ Minor Subdivision Plan, 1 (24”x36”)
received 02/08/18
(Applicant)