BOA Agenda 9-18-19

CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, September 18, 2019 at 9:00 AM City Hall, Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of August 21, 2019 Meeting COMMUNICATIONS & REPORTS 1. Reminder: The next Board of Adjustment regular meeting is scheduled for October 16, 2019 at 9:00am in the City Council Chambers. OLD BUSINESS Applicant #V-19-07 805 and 815 Forest Street, and 726 West Division Street. Victor Giangrant has requested a variance from the requirements of the Zoning Ordinance, Article 4 §4.15 pertaining to the maximum lot coverage in the C-3 (Service Commercial) Zone, and Article 3 §27.67 pertaining to the lot coverage, front, side and rear yard setbacks/landscaping requirements for the Corridor Overlay Zone (COZ-1). They are requesting the above variances to be able to utilize the entirety of the two lots addressed as 815 Forest Street and 726 West Division Street for their expanded car wash facilities, namely thirteen (13) new parking spaces with vacuum stations. Subject properties are zoned C-3 (Service Commercial Zone) and are subject to the COZ-1 (Corridor Overlay Zone). Tax Parcels: ED-05-076.08-01-40.00-000, ED-05-076.08-01-38.00-000, ED-05- 076.08-01-39.00-000. The owners of record are Clean Cars Inc. and Melinda F. Giangrant. This Application is continued from the August 21, 2019 Meeting of the Board of Adjustment. The Public Hearing remains open. • At the Request of the Applicant, Application V-19-07 will remain postponed as they are evaluating their proposed project for potential revisions. NEW BUSINESS Applicant #V-19-08 731 and 801 West Division Street. Central Delaware Housing Collaborative has requested variances from the requirements of the Zoning Ordinance, Article 3 §27.66 pertaining to the maximum number of stories and height in the COZ-1 (Corridor Overlay Zone); Article 3 § 27.63 (c)(ii) pertaining to the required 12-foot wide landscape buffer required in between building and the parking lot and drive areas; Article 3 §27.67 pertaining to open space and landscaping requirements in the COZ-1; and from Article 6 §5.3 pertaining to supplementary parking regulations for multiple dwellings. They are requesting these variances because they plan to construct a multiple-dwelling unit structure (apartments) to contain twelve (12) units that will be three (3) stories and thirty-nine (39) feet in height along with associated site improvements. The subject properties are zoned IO (Institutional and Office Zone) and subject to the requirements of

Board of Adjustment Agenda September 18, 2019 Page 2 of 2 the COZ-1 (Corridor Overlay Zone). Tax Parcels: ED-05-76.08-01-34.00-000 and ED-05- 076.08-32.00-000. The owner of record is AID in Dover, Inc. and equitable owner is Central Delaware Housing Collaborative. This site was recently the subject of a Rezoning Application to permit the rezoning of both properties from C-2A (Limited Central Commercial Zone) to IO (Institutional and Office Zone) while remaining subject to the requirements of the COZ-1 (Corridor Overlay Zone). This application received Planning Commission recommendation for approval in May 20, 2019 and the rezoning was subsequently approved by the City of Dover City Council at their June 10, 2019 Meeting. Applicant #V-19-09 1203-1209 Walker Road (1205 Walker Road). MJ Stone, Inc. requested a variance from the requirements of the Zoning Ordinance, Article 4 §4.1 pertaining to the maximum height in the R-8 (One-family Residence) Zone. They are requesting this variance because the 150-foot-high existing radio tower with 3-foot antenna was previously considered legal non-conforming, but the recent alterations have increased the height of the structure by 11 feet (150-foot-high existing radio tower with 14-foot antenna). Subject property is zoned R-8 (One-family Residence Zone). Tax Parcel: ED-05-067.18-01-76.00-001-01. The owners of record are MJ Stone, Inc. c/o Mr. Michael Stone and Ms. Jessica Stone. This site was recently the subject of a Conditional Use Plan Application C-19-04 to permit a Place of Public Assembly (Church) in an existing building at the rear of the property; it received conditional approval on July 15, 2019 from the Planning Commission. 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.