Attachment

CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, June 19, 2013 9:00 AM City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES OF May 15, 2013 Meeting NEW BUSINESS Applicant #V-13-08: 186-188 Pennsylvania Ave. John & Dorothea Link and Bradley Holden have requested variances from the requirements of Article 4 §2 of the Zoning Ordinance pertaining to lot width, lot size, and side yard setback. Subject property is zoned RG-1 (General Residence Zone). The Tax Parcels are ED-05-077.05- 02-03.00-000 and ED-05-077.05-02-03.01-000. The owners of record are John & Dorothea Link and Bradley Holden. 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.

City of Dover Board of Adjustment June 19, 2013 V-13-08 Location: 186-188 Pennsylvania Ave. Applicants/Owners: John & Dorothea Link and Bradley Holden Tax Parcel: ED-05-077.14-01-32.00-000 Application Date: May 17, 2013 Present Zoning: RG-1 (General Residence Zone) Present Use: Duplex Proposed Use: Duplex Reviewed By: Janelle M. Cornwell, AICP Variance Type: Area Variances Variances Requested: Allow for the reduction and increase in the Bulk Standards regarding lot width, lot size, and side yard setback. Project Description: The applicant is requesting variances from Article 4 §4.2 of the Zoning Ordinance pertaining to lot width, lot size, and side yard setback. The variances would allow for the property to be subdivided into two parcels of land. Permitted Request for Request for by Code 186 188 Lot width 80 ft. 40 ft. 32.50 ft. Lot size 5,000 SF 4,831 SF 3,868 SF Side yard setback 15 ft. 8 ft. 4 ft.

V-13-08 Lands at 186-188 Pennsylvania Ave. Board of Adjustment Report Page 2 of 4 Adjacent Land Uses The adjacent properties are residential and institutional uses. The properties to the north, south and west are zoned RG-1 (General Residence Zone) developed residential uses. The property to the east across Pennsylvania Avenue is zoned IO (Institutional/Office Zone), Central Middle School. Code Citation Section 4.2. [RG-1 zones]. Bulk and parking regulations for general residence zone (RG-1) [are as follows] (see also article 12, definitions; article 5, supplementary regulations; and article 6, off-street parking, driveways and loading facilities): One-Family Semi-Detached and Other Dwellings Minimum required: Lot area per dwelling unit (sq. ft.) 5,000 SF Lot width (ft.) 80 ft. Side yard (ft.) 15 ft. Exceptional Practical Difficulties Tests 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 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. 1. The nature of the zone in which the property lies. Applicant Responses:

V-13-08 Lands at 186-188 Pennsylvania Ave. Board of Adjustment Report Page 3 of 4 The property is in the RG-1 zone, a general residence zone, which allows any use permitted in a one-family residence zone with restrictions on professional offices and studios. The approval of this variance will maintain the residential use of the property and remain in compliance with the requirements of the zone. Staff Response: The property is located within the RG-1 (General Residence Zone) zone and the use as a duplex is a legal non-conforming use. At the time of construction of the house the RG-1 Zoning District permitted duplexes or the house was built prior to zoning. Over time the RG-1 Zoning District was changed to allow only single family detached dwellings. 2. The character of the immediate vicinity and the contained uses therein. Applicant Responses: The immediate vicinity of the property is residential, with the exception of the school on the opposite side of Pennsylvania Avenue. The approval of this variance will maintain the residential character of the neighborhood, and will not impact the uses within the neighborhood. Staff Response: The character of the properties located within the area is single family detached residences with Central Middle School across the street. A number of the parcels within the area appear to be legal non-conforming with regards to lot width. There are also several parcels of land at the other end of the block that appear to legal non-conforming with regards to lot width and lot size and setback. The lot width and lot size is consistent with the other residential parcels that are in the area. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Responses: Approval of the variance will not affect the neighboring properties and uses, as the use of the property will remain residential, in character with the neighborhood. Staff Response: The reduction in lot width, lot size and side yard setback would not negatively impact the neighborhood as the other uses are single family residences that have smaller lot width and lot size in the area. There would be no noticeable difference between the existing and proposed as there is no change to the building. 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:

V-13-08 Lands at 186-188 Pennsylvania Ave. Board of Adjustment Report Page 4 of 4 If the variance application is not approved, unnecessary hardship and exceptional practical difficulty for the owner is likely, as the owner will not be able to sell the property. In time, this could lead to neglect and vacancy of the property, which would then cause harm to the surrounding neighborhood. Staff Response: Exceptional practical difficulty has been demonstrated as the lot as it currently exists does not meet the required side yard setback or lot width. The only way to comply with the side yard setback is to demolish a portion of the existing structure on both sides which would be an exceptional practical difficulty. Variance Recommendation: Staff recommends approval of the variances to allow for the reduction in the lot width, lot size, and side yard setback for reasons as follows: • The applicant has demonstrated exceptional practical difficulty as the only way to meet the side yard setback is to demolish portions of the existing structures. • The applicant has demonstrated exceptional practical difficulty as the site is currently legal non-conforming with regards to lot width and side yard setback. • The parcels would be in keeping with the character of the neighborhood as a number of the parcels within the area have less than 80 feet and several on the block would be approximately the same lot width and lot size of the proposed lots. • The granting of the variances would allow for a subdivision that would bring the use more into conformance with the Zoning Ordinance as there would be only one (1) dwelling per parcel.