Board of Adjustment Virtual Meeting Packet 4-21-21

CITY OF DOVER, DELAWARE BOARD OF ADJUSTMENT MEETING Wednesday, April 21, 2021 at 9:00 AM Virtual Meeting AGENDA VIRTUAL MEETING This Board of Adjustment Meeting will be held as a Virtual Meeting using WebEx. Members of the Board of Adjustment as well as Representatives of the Variance Application have received a specific invitation to attend this meeting virtually. In the interest of public health and safety, members of the public are welcome to attend the meeting virtually via WebEx only. PUBLIC PARTICIPATION INFORMATION To Attend City of Dover Board of Adjustment Meeting of April 21, 2021 Public Participation Information: Dial 1-408-418-9388 Event number/Access Code: 129 335 1788 Event Password: DoverBOA Event Address: http://bit.ly/BOAMeeting042121 Written comments are accepted via mail to City of Dover – Board of Adjustment, P.O. Box 475 Dover, DE 19903 and via email at CompPlan@dover.de.us. If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196. WELCOME ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of October 21, 2020 COMMUNICATIONS & REPORTS 1

BOARD OF ADJUSTMENT MEETING - April 21, 2021 PAGE 2 Meeting Reminder: The next Board of Adjustment Meeting date is May 19, 2021 at 9:00 AM OLD BUSINESS NEW BUSINESS 2. V-21-01 Lands of William E. Ardito at 4 Lakeview Drive - William E. Ardito has requested a variance from the requirements of Article 5 §1.2 of the Zoning Ordinance pertaining to the relation of accessory buildings to streets. Specifically, a request is to allow a proposed accessory building (detached garage) to be located closer to the street than the principal building (house). Subject property is zoned R-7 (One-Family Residence Zone). The Tax Parcel is ED-05-068.13-01-08.00-000. The owner of record is William E. Ardito. ADJOURN Posted Agenda: April 14, 2021 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT MINUTES October 21, 2020 A Regular/Virtual Meeting of the City of Dover Board of Adjustment was held on Wednesday, October 21, 2020 at 9:00 A.M. using in person and the phone/videoconferencing system WebEx due to Delaware’s Declaration of the State of Emergency for COVID-19 with Chairman Sheth presiding. Members present were Chairman Sheth, Colonel Ericson, Mr. Keller, and Mr. Hufnal. Mr. Senato was absent. Staff members present were Mr. Swierczek, Mr. Hugg, Mrs. Bulkilvish, City Solicitor Mr. Rodriguez, and Mrs. Savage-Purnell. APPROVAL OF AGENDA Mr. Hufnal moved to approve the agenda as submitted. The motion was seconded by Colonel Ericson and unanimously carried 4-0. Mr. Senato was absent. APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF June 17, 2020 Mr. Keller moved to approve the meeting minutes of June 17, 2020 with the necessary correction. The motion was seconded by Mr. Hufnal and unanimously carried 4-0. Mr. Hugg mentioned that the Ordinance #2020-13 that deals with Wireless Communications Facilities was recommended by Planning Commission on October 19, 2020 to the City Council for the Final Reading on November 9, 2020 with adoption modifications to the design manual component specific standards for small cell (small Wireless Communications Facilities). The Ordinance which has not yet been adopted also deals with the issue that is before us today. There are provisions in the Code to consider this application as is without consideration of the new Ordinance. Mr. Rodriguez confirmed. Chairman Sheth mentioned a previous case years ago with AT&T that was denied, and the City was sued because of the Board of Adjustment denied the case and there was a compromise afterwards. Chairman Sheth asked if this application was the same type of case? He asked if there was new information. Mr. Rodriguez replied that he thinks it is the same issue. It is a Federal question and Supreme Court decision that if we denied the application, he thinks it could be appealed and we would probably lose. In this particular case, you have the approval of the Dover Air Force Base and the FAA both Federal Agencies. Chairman Sheth asked the members if there were any subsequent questions for Mr. Rodriguez? Chairman Sheth asked if the current case was FAA approved? Mr. Rodriguez replied yes. OPENING REMARKS CONCERNING APPLICATIONS Mr. Dave Hugg, Planning Director stated that the meeting today will be conducted in accordance with the Agenda. There is one new (1) application on the agenda under New Business. Each 3

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT OCTOBER 21, 2020 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. COMMUNICATIONS & REPORTS The next Board of Adjustment regular meeting is scheduled for November 18, 2020 at 9:00am in the City Council Chambers and within a virtual format. NEW BUSINESS Applicant #V-20-05 801 Otis Drive. Cellco Partnership d/b/a Verizon Wireless has requested a variance from the requirements of Article 4 §4.15 of the Zoning Ordinance pertaining to the permitted maximum building height. Specifically, to allow a proposed telecommunications monopole to reach a total height of 105 ft., an excess of 30 ft. above the permitted maximum height. Subject property is zoned C-3 (Service Commercial Zone). The Tax Parcel is ED-05-077.12-01-02.00-000. The owner of record is Tudor Enterprises, LLC. Mrs. Bulkilvish gave a summary presentation of the Application Request for a variance from the requirements of the Zoning Ordinance, Article 4 §4.15 pertaining to the permitted maximum building height. Specifically, to allow a proposed telecommunications monopole to reach a total height of 105 ft., an excess of 30 ft. above the permitted maximum height. Exhibits for the Record: Staff Report, Zoning Exhibit, Site Plan and an Exhibit Binder submitted by the applicant. Legal Notice was published in the Delaware State News on October 4, 2020. The public was notified in accordance with regulations. Representatives: Mr. Jonathan Jordan, Mr. Matthew Graubart and Mr. Andrew Petersohn were sworn in by City Solicitor Mr. Rodriguez. Mr. Jordan stated that he agreed with everything that was stated by Mrs. Bulkilvish. He thanked Mrs. Bulkilvish for a great job. He asked Mr. Andrew Petersohn, who is the Radio Frequency Engineer to talk from a technical standpoint as to why we need the additional 30-feet of pipe. Mr. Petersohn mentioned if you look at page 2 of the Design Report that was submitted it gives an inventory of the surrounding sites that are currently serving customers in the area. The average heights of those sites are on the order of 120-feet or so. In order for this facility to actually off-load traffic and to achieve its purpose which is absorbing traffic from these over- 2 4

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT OCTOBER 21, 2020 burdened sites, we need to have an antenna center line that is on par with these sites. Otherwise they will act more as an umbrella coverage and overshoot if you will the proposed site. The height limitation in the district does not allow for adequate height which is why we are proposing the 30-foot variance on the overall height. Chairman Sheth asked if there was any possibility that they needed 105-feet, or would they be able to compromise? Mr. Petersohn replied that they have already compromised in the antenna center line at 97-feet. It is significantly shorter than the average surrounding sites, but it is still enough for us to get the adequate off-load that they need. Ideally, we would have a little bit more height, but we reduced the center line to 97-feet which leads to the 100-foot top steel and a 105- foot overall structure height with the lighting rod. We have really cut this as low as we can already. Chairman Sheth asked if there was any room to lower it 2-feet or no? Mr. Petersohn replied that if it is a matter of 2-feet, he is certain that they could compromise; but from an aesthetic standpoint we are really getting an objective measure. When we are dealing with structure of this height; 2-feet is really imperceptible change from any advantage point. Chairman Sheth asked members if there were any additional questions? Mr. Hufnal asked if the Board did not allow the 105-feet then the telecommunication tower would be inoperable and detrimental to consumers. Mr. Petersohn replied that it would still operate but it would not achieve its purpose. His job is to advocate for us like it’s going to achieve the purpose here. A decrease of a foot or two, although will be a slight decrease in coverage; therefore, bringing the ability to offload that we could deal with. If we are talking about any appreciable decrease in height of 10-feet or more, that is when that is when you start to degrade the performance of the site. It would then become an issue from a performance standpoint. Mr. Keller mentioned in the past with some similar applications he has been somewhat concerned and always raised the question about adequate clearance of constructed towers and adequate clear zone (in case of a fall or something). He noticed in the information provided that in the Staff response in one of the matters that the Board evaluates that the proposed monopole would be approximately 96-feet from the property line as can be seen on Plan Sheet C2 of Exhibit B. Also, in the Staff Report, the proposed location of the tower is 500-feet west of the Accident Potential Zone II off the northern runway of the Dover Air Force Base. It is also noted that the Dover Air Force Base does not have any objection to the proposed telecommunication monopole as it is presented. He was pleased to see that as it alleviates any fears of fall zones for the tower as proposed. Colonel Ericson mentioned that the FAA and Dover Air Force Base was approved as far as they were concerned. Federal Law supports the telecom industry to build poles that push the envelope on the City Codes. We have court rulings that states that the requirements supersede the City Codes. He thinks to change by a couple of feet would degrade their service and really cost more money. Since it is already at this point, we should move forward. 3 5

Item 1. CITY OF DOVER BOARD OF ADJUSTMENT OCTOBER 21, 2020 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. Chairman Sheth questioned if there was any additional correspondence for the record. There was none. Colonel Ericson moved to approve variance application V-20-05 based upon the testimony given and the Documents and Recommendations received from Staff. The motion was seconded by Mr. Hufnal. The motion unanimously carried 4-0. Chairman Sheth asked if there were any questions and there was none. The meeting was adjourned by Mr. Hufnal and seconded by Mr. Keller at 9:40 A.M. Sincerely, Maretta Savage-Purnell Secretary 4 6