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CITY OF DOVER, DELAWARE
BOARD OF ADJUSTMENT MEETING
Wednesday, August 14, 2024 at 9:00 AM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
IN-PERSON & VIRTUAL MEETING
The Board of Adjustment Meeting for August 14, 2024, will be held in City Hall Council Chambers. The
public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using
Webex, an audio/video conferencing system as an electronic means of communication. See the
participation information below to join by phone or computer.
PUBLIC PARTICIPATION INFORMATION
To Attend City of Dover Board of Adjustment Meeting of August 14, 2024
Public Participation Information: Dial 1-650-479-3208
Access Code: 254 203 85560
Password for Phones: 36837262
Webinar Number: 2542 038 5560
Event Password: DoverBOA
Event Address: https://bit.ly/BOA8142024
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
Welcome to new Board of Adjustment member as appointed July 22, 2024 to complete a Term to
Expire July 2025: Christian Joshua Swalm
Welcome to returning Board of Adjustment member as reappointed July 22, 2024 for a Three-Year
Term to Expire July 2027: Richard D. Senato
ROLL CALL
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BOARD OF ADJUSTMENT MEETING - August 14, 2024 PAGE 2
APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. Adoption of Meeting Minutes of July 17, 2024
COMMUNICATIONS & REPORTS
Meeting Reminder: The next Board of Adjustment Meeting date is Wednesday, September 18, 2024.
Correspondence Received
SPECIAL RECOGNITION
2. Resolution honoring the service of Mr. James N. Keller to the Board of Adjustment
OLD BUSINESS
NEW BUSINESS
3. Application #V-24-04
Property at 1151 N. DuPont Highway. A Request has been made for a Variance from the
requirements of Zoning Ordinance, Article 4 §4.15 associated with future construction of a new
restaurant building with drive-through and site improvements. The Variance Request seeks
reduction of the side yard setback of 15 feet to 8.5 feet to accommodate the drive-through
canopy. The property is zoned C-4 (Highway Commercial Zone) and subject to the SWPOZ
(Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area). The owner of
record is Tung Ching Lin. Property Address:1151 N. DuPont Highway, Dover DE. The Tax
Parcel ID is ED-05-057.00-01-30.01-000.
ADJOURN
Posted Agenda: August 7, 2024
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
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Item 1.
CITY OF DOVER
BOARD OF ADJUSTMENT MINUTES
July 17, 2024
A Regular/Hybrid Meeting of the City of Dover Board of Adjustment was held on Wednesday,
July 17, 2024, at 9:00 A.M. in person in the City Council Chambers and using the
phone/videoconferencing system Webex. Members present were Chairman Sheth, Mr. Keller, Mr.
Wagner, and Mr. Senato. (Note: There is a vacant seat with one member not yet appointed.)
Staff members present were City Solicitor Mr. Rodriguez, Mrs. Melson-Williams, Ms. Katherine
Oehmke, Mrs. Savage-Purnell, Assistant City Manager Mrs. Sharon Duca and Mr. Glenn C.
Mandalas, Esquire.
APPROVAL OF AGENDA
Mr. Keller stated after some consideration and inspection and gathering background he is making
a motion to dismiss and remove from the agenda the Appeal Application V-24-03. The motion Mr.
Chairman is based largely on legal determinations from recent past, which has
my opinion force substantiated the matter that the Board of Adjustment does not have appropriate
jurisdiction. The motion was seconded by Mr. Senato unanimously carried 4-0.
Chairman Sheth asked if there were any questions. There was none.
Roll Call Vote
Mr. Keller -Yea
Mr. Wagner -Yea
Mr. Senato -Yea
Chairman Sheth – Yea
(Per the Motion to Adopt the Agenda the following Appeal was dismissed.)
Application V-24-03
The Historical Society of Dover (Friends of Old Dover) has filed an Appeal of the
determination of the Principal Planner to the Board of Adjustment regarding the
implementation of the Zoning Ordinance, Article 10 Section 3.2 as administered at the June
17, 2024 Planning Commission Meeting and the determination that the Appeals before the
Planning Commission were not subject to a public hearing. This is associated with the
Planning Commission’s consideration of Applications HI-24-02 and HI-24-03 as Appeals
to the Planning Commission of the Historic District Commission action of May 16, 2024
to deny the Architectural Review Certifications for the Demolition of two buildings at 148
S. Bradford Street and 150 S. Bradford Street. The involved properties are zoned C-2
(Central Commercial Zone) and subject to H (Historic District Zone). Involved Properties:
148 S. Bradford Street (ED-05-077.09-02-25.00-000) owned by Russell and Dee Ann
Widder; and 150 S. Bradford Street (ED-05-077.09-02-27.00-000) owned by CEI
Properties, LLC. The applicant for HI-24-02 and HI-24-03 is the Downtown Dover
Partnership.
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Item 1.
Chairman Sheth asked if there were any comment(s) or anything?
APPROVAL OF THE REGULAR BOARD OF ADJUSTMENT MEETING MINUTES OF
JUNE 20, 2024
Mr. Keller moved to approve the meeting minutes of June 20, 2024, with the necessary correction.
The motion was seconded by Mr. Senato unanimously carried 4-0.
Chairman Sheth asked if there were any questions. There was none.
COMMUNICATIONS & REPORTS
Mrs. Melson-Williams mentioned the next regularly scheduled meeting for the Board of
Adjustment is August 21, 2024, with a 9:00 am start time in the City Council Chambers and with
a virtual format. We did receive at least one application as the filing deadline was last Friday.
OPENING REMARKS CONCERNING APPLICATION
Mrs. Dawn Melson-Williams, Principal Planner stated that the meeting today will be conducted in
accordance with the agenda as amended and approved. There is one Variance application
remaining on the agenda under New Business. The Appeal Request of V-24-03 by motion of the
Board was dismissed with the Board finding that they did not have jurisdiction regarding it. With
the Variance Application, the file will be referenced by title and a summary presented by Planning
Staff. An opportunity will be given to the applicant to present on their variance requests. The floor
will be open for questions of the applicant from the Board and then we will conduct a public
hearing to include public testimony. The Chair can certainly set any parameters related to the length
of time for each speaker in order to ensure we have an efficient meeting. The Chair will open the
public hearing and we will proceed with public testimony on the item. If you're a member of the
public and would like to address the Board on that application, please raise your hand and when
the Chair calls on you, you'll be asked to step down to the podium and sign in. For the record,
please begin your statement by listing your name and address. Also, if you received a mail notice
of today's meeting, we ask that you identify that as well. If you have joined us online, you will be
given an opportunity to speak regarding that variance application as well. In making your
statement, we ask that you be as brief as possible and that your statements be limited to the variance
before the Board. As noted, the Chair can limit the testimony of each speaker to three minutes to
ensure an efficient meeting. The Board may consult the City Solicitor to discuss legal matters.
There have been a number of public comments submitted for this Application that remains on the
agenda as there were a number of public comments related to the Appeal Application that was
dismissed earlier with the adoption of the agenda. If the applicant must leave the meeting before
the Board of Adjustment makes their decision, you can contact the Planning Office to learn of that
decision. There will be a formal notice in writing that is provided to the applicants once prepared.
It is noted that approved variances expire after a period of one year if the approved project has not
moved forward and commenced. I will note that the public notice for the items on the agenda was
completed in accordance with the code requirements and will be noted specifically for the item.
The meeting agenda was posted on July 3, 2024 in accordance with the Freedom of Information
Act requirements. The advertisement was placed in the local newspaper.
Since Mr. Keller is not being reappointed, Chairman Sheth mentioned that he will be out of the
country for the August 21, 2024 meeting. If you have not appointed any other board members, then
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we will have a lack of quorum. So, is it possible to change the date one day before or whatever is
required by Ordinance. He asked Mrs. Melson-Williams if it could be discussed after this case.
Mrs. Melson-Williams replied yes Mr. Chair, she believed that would be more appropriate that we
could discuss that to ensure that we have an adequate quorum for your August meeting.
NEW BUSINESS
Application V-24-02
Application #V-24-02 Property at 1494 McKee Road. A Request has been made for a Variance
from the requirements of Zoning Ordinance, Article 3 §27.61 for future construction of a building.
The Variance Request seeks relief from the maximum setback as it relates to the front yard in the
Corridor Overlay Zone. The front yard setback requirement is a minimum of 40 feet and a
maximum of 50 feet along McKee Road for a proposed non-residential building. The property is
zoned R-8 (One Family Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone). The
owner of record is Abhay Patel. Property Address: 1494 McKee Road. The Tax Parcel ID is ED-
05-067.00-01-090.000-000.
Mrs. Melson-Williams explained as she referred to the location diagram that this property is
located on the old segment of McKee Road. It is a kind of a cul-de-sac area that you access from
McKee Road after you've turned off Scarborough Road and continue heading north out of the city.
The location is shown there in bright yellow and then on the Aerial Map that's there. It is a tract of
land that is wooded and there are some clear areas. It has a little bit of frontage; we'll call it that
old segment of the McKee Road, but the bulk of the property expands further west. It is surrounded
by various residential properties that you find with The Meadows to the north. To the bottom of
the page, which is to the west, are portions of Fox Hall. Along the segment of McKee Road, there
are a series of individual lots, some of which have houses on them. So, in the Report the Code
citations that they're seeking relief from are related to the Corridor Overlay Zone. The R-8 Zoning
would allow for the proposed development of a community center building. This is identified that
it will require a Conditional Use approval application with the Planning Commission, but that is
not what is being considered today. What is being considered today is a variance from the Corridor
Overlay Zone. The Corridor Overlay Zone sets up a series of design standards related to
development activities that includes things such as setbacks from property lines, building
placement, parking, site access, and more. Today, we're focused on a variance from the front yard
setbacks. For this portion of the McKee Road that requires a minimum of 40 feet and a maximum
of 50 feet, which means your building could be set back no further than that 50 feet maximum.
The Board of Adjustment has to weigh a series of exceptional practical difficulties tests. There was
a series of four items that the applicant responded to in that regard which includes the nature of
the zone where the property lies, the character of the immediate area, and then two questions
related to the restriction itself. If that variance was granted basically and the restriction was
removed, how would that affect neighboring properties and uses? The fourth criteria is if that
restriction is not removed, meaning the variance is not granted, how would that affect the property
owner in their ability to develop the lan? Planning Staff has reviewed this and as part of our Report
has reacted to each of those four criteria items. We are recommending approval of the variance
because it allows a more reasonable approach to placing the building on the parcel given the
configuration of the property. The narrow area that has the frontage on the McKee Road would be
very limiting in the placement of a building. We find that the applicant has demonstrated
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Item 1.
exceptional practical difficulty. Being able to place the building much further back in the portion
of the lot where that property is much wider will allow for a better location of the building, the
space to locate it further away from most of the adjoining properties, and the opportunity to provide
any necessary screening requirements. There are a series of attachments. They are labeled Exhibits
A through E, including the Board of Adjustment application form, an exhibit map, an aerial map,
the applicant's written comments called the narrative letters to those four criterias and then a
conceptual plan that was prepared for the building itself. I would note that for this particular
application, the legal notice was published in the Delaware State News, now known as the Daily
State News, on June 30, 2024. Property owners within 200 feet of the subject site were notified by
a letter sent by the Planning Office in accordance with the established procedures for public notice.
Representative: Mr. Nik Patel, Avi Consulting Group LLC
Mr. Nik Patel stated that he was not the owner of the property, but he was representing the equitable
owner. The owner of the property is donating the property, and he is not here. I represent the
equitable owner, the potential owner.
Mr. Nik Patel was sworn in by City Solicitor Mr. Rodriguez.
Mr. Patel mentioned that there is not much more that he can add on top of what Mrs. Melson-
Williams had just explained. A few reasons for the request are that this property is currently owned
by a member of our community. It has been up for sale for a while. Talks formed between them
and members of the community that we have, and this land is going to be donated or is potentially
looking to be donated to our community for a potential community center. This is a way for the
owner to give back to us. There are no solid plans at the moment, but for this application and for
the proposal that we are putting forward, we realized after speaking with the City of Dover that we
did have this issue with the Corridor Overlay Zone and then the setback of the building itself.
While we wanted to try to meet all the requirements, I just want to give you a quick layout of what
we're planning, the reason for the request, and also the reason for the practical difficulty. Obviously,
the layout of the property as it sits currently just doesn't allow for anything to go in front of that
property.
Any community center, house, or anything that could have ever been proposed has to be set back
regardless because of the shape of the property itself. The goal of our group and community is to
build a community center for our local community where we can gather our seniors and have
certain events and things like that. This is not something that's proposed to be open to the public;
it's not going to be for commercial use. It's not going to be used for rental or anything like that.
This is strictly going to be used for our seniors and community as previously mentioned. We
anticipate having gatherings there once or twice a month. The data location and site usage will be
taken care of when you have a chance to move forward into the conditional use process where we
will have an engineer and architectural plans presented to the community for their review. But
that's just a little bit of background of what we were trying to do and why we are requesting the
variance today. As far as the specific data, it’s a ten-acre parcel that is fully wooded. We are looking
to try to do everything we can to meet the regulations and design factors requested by the City.
This is just one of the variances we need so that we can move forward to the next step in our
discovery process. I’m here for any questions you may have.
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Item 1.
Chairman Sheth mentioned that during the 1992 to 1997 time, the (COZ-1) zoning passed because
of expansion of the Route 8. Now, we have the bypass to connect to the Rodney Village extension
of Route 1. The only people that probably would know are myself and City Solicitor Mr.
Rodriguez. At that time, there was another Chairman of the Board of Adjustment when they
approved the other expansion and economic advancement to take place on South Bay Road. It is
an essential part of Route 1 that goes to Rodney Village and with Route 8 becoming a four-lane
highway and the approval of Corridor Overlay Zone.
Chairman Sheth asked the Board if they had any questions.
Mr. Keller stated that he would like to speak first to a very good review and presentation by Mrs.
Melson-Williams. In review of the critical components of evaluating your request, something that
I have somewhat historically done is look at matters regarding exceptional practical difficulty. A
number of things to keep in mind with regard to that, first of all, it's not the Board's job to solve
your dilemma or your problem and your reason for being here. That burden is on the owner or the
representative. Exceptional practical difficulty when presented by the owner and the applicant
must be practical and not exceptional in your consideration of your dilemma, if you will regarding
your application. What I find is with the Principal Planner’s write up and what not, I think it's very
well addressed that there is in fact, due largely to the layout of the site and the strange
configuration, if you will, with only a small area of access to the existing roadway. That practical
exception is to be considered. I think in this case if there was a denial of the application that you
presented, it would create a rather large problem for any subsequent use or development of that
site. Secondly with regard to that, I think that a denial of the application with regard to that special
consideration would in fact prevent if not totally, severely, at least your use and development of
that site otherwise. With that said, I believe that any consideration for denial of your application
would in fact create an Exceptional Practical Difficulty. That was principally, Mr. Chairman my
only response and I think the other issues which we typically address was Exception Practical
Difficulty, etc. Those considerations were very well presented and very well substantiated by the
presentation.
Mr. Senato mentioned that he agreed with his colleague. One of his comments is that Mrs. Melson-
Williams makes his job a lot easier because of the information that's presented and given to us
prior to. My feeling is that the participant has proved that there could be a difficulty and I agree
with some of the statements my colleague Mr. Keller made. Chairman Sheth asked if there were
any more questions for Mr. Nik Patel.
Chairman Sheth mentioned that with respect to your comment Mr. Keller, but that's what we ended
up passing through the Corridor Overlay Zone approval in 1997. A lot of the questions were
resolved because of that on Route 8 and South Bay Road. There are some buildings on Route 13
near the Home Goods that used to be other department stores. They were asked to do different
signs so that Route 13 looks better. Before doing that, it looked like other commercial buildings,
but didn’t look like the presentation of the neighborhood image.
Chairman Sheth asked if there were any other questions or comments from the Board members?
Chairman Sheth opened the public hearing.
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Item 1.
Chairman Sheth asked if there was anyone who would like to speak in favor of the project.
Mr. Dharmesh Patel stated that he lives at 1712 Windswept Court, Dover, Delaware.
Mr. Dharmesh Patel was sworn in by City Solicitor Mr. Rodriguez.
Mr. Dharmesh Patel stated that as a community member, I'm in favor of this application since we
have a lot of difficulties for our community, for gathering events, and the seniors gathering events.
That's all I have to say.
Chairman Sheth asked if there were any questions.
Chairman Sheth asked if there was anyone else who would like to speak in favor of the project.
There was none.
Chairman Sheth asked if there was anyone who would like to speak against these applications from
the audience?
Mr. Tom Worley stated that he lives at 248 Meadow Drive, Dover, Delaware.
Mr. Tom Worley was sworn in by City Solicitor Mr. Rodriguez.
Mr. Tom Worley stated that he did receive a notice. He mentioned that he didn't realize that the
hearing was going to have an either for or against. He actually took that as an information question.
I don't quite understand the variance. Are you doing specific footage for this or is it open?
Mrs. Dawn Melson-Williams stated that the variance request is to seek relief from the maximum
setback that is 50 ft. There is not a specific number. The site itself and the initial concept is showing
a building that's well over 200 feet from the McKee Road frontage. However, it continues to
maintain a separation at least 25 feet or up to 50 feet or greater from other adjacent property lines
in their concept.
Mr. Tom Worley asked what if this is a conceptual building (which he understands.) and if the
Planning Commission came back with a final design that was maybe 20 or 30 feet different from
this design? Do they have to come back to the Board of Adjustment regarding the variance because
they have adjusted the concept plan?
Mrs. Dawn Melson-Williams mentioned that Staff would note it depends on how the variance is
adopted. If you grant relief to be something greater than 50 feet and not set a number, then it would
not. But if you set a specific number for that distance and it would change, then perhaps they would
have to return to the Board of Adjustment to make that change.
Mr. Tom Worley asked what's the application for? Just an open variance, not a specific footage?
Mrs. Dawn Melson-Williams replied that is correct. It is to exceed 50 feet. The 50 feet that is in
the Code acts as a must build-to line. Their request is not looking to set a new must build-to line;
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they're looking to just exceed that 50 feet. There are other setback requirements from other property
lines that would have to be met, but this just deals with the front yard setback.
Mr. Tom Worley asked, so, the Conditional Use hearing is where the property owners should be
concerned about the location because they can adjust the building at that poin? Is that correct?
Mrs. Dawn Melson-Williams replied the Planning Commission would need to consider a
Conditional Use application. There are a number of setbacks that would have to meet Code.
Planning Commission would be looking more closely at the placement of the building, as well as
any opportunities or needs for screening of where that building's placed related to its adjacent
properties.
Mr. Tom Worley said thank you very much.
Chairman Sheth mentioned without the approval of the Board of Adjustment, the Planning
Commission cannot proceed because that is the first step.
Mr. Keller mentioned that it may be helpful and some perhaps assurance for you and your line of
questions. If this requested variance is granted, the applicant must still obtain an appropriate
Conditional Use Site Development Plan and construction activity Permits. Much more follows
beyond today's hearing.
Mr. Tom Worley said I just want to make sure I understood that this was an open variance and not
a specific variance. Thank you.
Chairman Sheth asked if there was anyone else that would like to speak against?
Ms. LeAnn Eroe stated that she lives at 15 Phillip Court, Dover, Delaware.
Ms. LeAnn Eroe was sworn in by City Solicitor Mr. Rodriguez.
Ms. LeAnn Eroe stated that our concern with this setback variance is that our property directly
abuts the proposed building. So, if it's moved back, it is going directly affect our quality of life,
the noise level, and then there's the wetland issue which came up before when this property was
trying to be developed. I don't know if that's been addressed.
But those are wetlands. There's going to be more runoff to a very wet area already. And, you know,
for somebody who's concerned about their property values and potentially selling their house in
the next few years, this would be a disaster for us and for our neighbors who directly abut this
property.
Chairman Sheth mentioned that he thinks this question will be addressed by the Planning
Commission so that you can go to the hearing at that time.
Ms. LeAnn Eroe said okay.
Chairman Sheth said thank you ma’am.
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Item 1.
Chairman Sheth said he would like to recognize Mike Petit de Mange (in the audience). He was
not sure if Mr. Petit de Mange was going to speak; but how can we miss you.
Mrs. Melson-Williams mentioned to the Chairman that we do have some people that have joined
us online and I also need to enter into the record the public comments that we received in writing.
There are a number of people that have joined us online. If you wish to speak regarding this
application, there is a Brett or Brent. He did not speak.
There is a Donna Miller. Do you wish to speak regarding variance application V-24-02? She did
not wish to speak; she was only listening.
There's also a Sandy Fraser. Do you wish to speak regarding this application V-24-02? She did not
speak.
There are two call-in users. If you have dialed in on the phone, I'm sending the ability to unmute.
My name is Andrea Carter. I live at 232 Meadow Drive in Dover, and I'm strongly against the
variance change for most of the reasons that have already been spoken. But I do just want to
reiterate that we are against it as well. Mrs. Melson-Williams thanked Ms. Carter and mentioned
that the office received written comments from her as well.
Mrs. Melson-Williams asked if there was another caller that would like to speak. So, for any of
our participants online if you don't have access to a microphone, you can enter something in the
chat.
In the meantime, Mr. Chair, let me enter the written comments that we received. Regarding
application V-24-02 Public Comments Set 1 which was those comments received through July 10,
2024, was provided in the meeting packet to our Board of Adjustment members. There was an
email from Andrea Carter of 232 Meadow Drive. We just heard from her. Her email lists her strong
opposition to the variance and notes items related to safety concerns, a decline in property values,
impact on community character, and environmental concerns and quality of life, which are detailed
in her email that was received.
Mrs. Melson-Williams noted that today as part of the preparation for the meeting, for this
application V-24-02, we have Public Comments Set 2 which were those comments received this
morning through 8:00 A.M. There were two letters. One is a letter from Christopher and Marie
Paule Moore dated July 17, 2024 that was forwarded to our office by the City Clerk's office, and
they note their location as 219 Meadows Drive. They list that they are strongly opposed to the
request for the variance. They note a Community Center would be out of character with the
surrounding residential neighborhoods and go on to detail their comments in opposition regarding
this property.
Mrs. Melson-Williams noted that the second item in this Public Comment Set is a letter from Tracy
Garofalo that is also dated today that was forwarded by the City Clerk's office. She notes that she
is a resident in The Meadows and does not give a particular address, but she does give an address
which is 134 Brandywine Drive. She notes the current status of The Meadows and her opposition
of the variance noting specifically that it would have a negative impact on the landscape and
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atmosphere in the development with increased traffic and noise created by it. She has concerns
about lack of a sound barrier or tree buffer as part of the proposed project. It goes on to note some
water issues that they have experienced in The Meadows and concerns that the woodland area
helps absorb water runoff. She is opposing the variance.
Mrs. Melson-Williams mentioned that she did not see any additional comments in the chat or from
any of our other participants. So again, is there a caller that wishes to make a public comment that
has not done so already?
There is a Sandy Frazer who would like to comment.
I'm Sandy Frazer. I live at 224 Meadow Drive, which would be directly behind wherever the
building is going to be located. It looks like it's going to be next to the parking lot area. So, one of
the things that we run into is that wetland area that is right behind our house. It stays flooded most
of the time. There's always like, I can't say deep pond, but there's always a little pond back there.
So, when anytime it rains, it does flood into our yard, it floods into our neighbor's yards, and the
grass already stays really wet most of the time even when it's not raining. Our fear is on top of like
what everybody else has said: decreasing property value, having the eyesore, taking away our
woods that shade our houses, and that's areas where our children play. Because the woods are
blocking, we don't have to worry about people being back there. I'm not saying the kids play in the
woods. I'm saying the woods block where our kids can play in our backyard. But that flooding is
going to be a huge issue in our yards that we already have an issue with because as Tracy stated in
her letter, it already causes issues now. If you guys build up to get out of the floodplain, that water
is going to run off from where the business and the concrete and the asphalt is into our
neighborhood, which will be a huge issue for us, as well.
Chairman Sheth mentioned to Mrs. Melson-Williams that all of these questions are much more
justified for the Planning Commission because the Board of Adjustment is not changing any zoning
or anything. We have no jurisdiction about what land can be or what can or should not be there,
you know.
Mrs. Melson-Williams mentioned yes. For the couple of questions concerning wetland and water
run-off, I will note that the City’s Zoning Ordinance does address wetland areas. There will have
to be identification of those as part of the development process and we have buffering requirements
from them. There's also limitations on tree clearing and stormwater management for the references
to runoff. The project will have to comply with the Delaware Sediment and Stormwater
Management Regulations. This property will have to manage any stormwater runoff on it directly
and cannot increase the amount of runoff that comes off this property onto any other property. Just
so for our callers that have referenced.
Mrs. Melson-Williams mentioned that included in the chat here, I do have one of our other online
participants. Brett Carter has typed into the chat noting “I am opposing the construction for some
of the same recommendations that have already been said.” So, Mr. Chair, I believe that is everyone
on the virtual side. The City Clerk’s Office is also in our virtual session, but that concludes on the
virtual side. If you need to hear from a member of the audience, you can certainly do that as well.
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Item 1.
Chairman Sheth stated that he would like to follow the order because of those who were in favor
or those that were against. Please don't change your mind at the last minute. If you want to say that
you are against, come up now. Later on, we will not accept it.
Thank you for allowing me to speak. I know it's a little out of order. I wanted to take a moment to
formulate my thoughts a little bit. So, my name is Logan Kline. I'm at 113 Brandywine Drive inside
The Meadows. I was notified by letter.
Mr. Logan Kline was sworn in by City Solicitor Mr. Rodriguez.
Mr. Logan Kline stated that to Mr. Sheth’s point yes, I believe a lot of these are issues related not
necessary to this variance on the approach to the property and are probably better suited for when
the actual propositions are laid out for the building itself. However, this variance is the door to
that, right? This is our earliest opportunity for us as a community to speak against this and sort of,
for lack of a better term, shut down that proposed development. I personally in collecting feedback
and opinions from members of the community and as well as hearing items here today, feel that
there is very little that could be done to this property if anything that could be done to this property
that doesn't have a fairly immediate and strongly negative impact both on the people that live in
the surrounding area as well as the wildlife in the area. I think other people have made excellent
points regarding the drainage, the runoff, noise issues, quality of life, property values, etc. One
thing that I haven't heard touched on much is the impact on wildlife in the area. I live on the
opposite side of the property on Brandywine Drive which is backed by the City of Dover property.
On that property, we have a large number of small predators, owls, turkey vultures, and a family
of foxes that live in the area. There is a nightly parade of them as they move their way across the
properties to hunt in this wetland area. This is where their primary food source lies. And if we
remove that, we are going to see an exodus of those animals from the area which are good for the
environment. If we lose the opossums that are currently back there, we are going see an increase
in fleas and ticks on all of our dogs and all the properties lying in that area. I think that's something
that's worth noting.
Chairman Sheth mentioned that he thinks Mr. Kline has an excellent issue on this one.
Unfortunately, this Board legal focus is variance and interpretation of the ordinance; are you
qualified or not qualified as a variance approver? We should not deprive all our wildlife as long
we cannot deprive the citizens, right? So, unfortunately, we are not in a position to be subjective.
Let's say I agree with you 100%, but when I have to conduct the hearing, I have to follow according
to how the attorney makes the interpretation of the ordinance. Now, next step if we don't do it,
we'll see it in Superior Court and the City spend all the money. And you saw that when you came
here, the whole audience was here, remember? It was discarded by the Superior Court. So, what
do we do? Should I go against the Superior Court or then I go to jail? I am just trying to explain.
You had an excellent point. The problem is, that's what I said, but now it’s still open. Once they
get approval, the next step is the Planning Commission for all the hearings they have. So, you have
all the rights to present that time, and sometimes you may not get everything but sometimes we
get something. And I'm sure that the applicant is very sensitive about public feelings. I am sure
they are going to hear you.
Mr. Kline said yeah, I understand and I'm fully willing to come back and hear more about the
proposed development of the area. If there are further concerns, you know, I will pose them again
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CITY OF DOVER BOARD OF ADJUSTMENT __ JULY 17, 2024
Item 1.
if necessary. I understand that. This is maybe a little out of the order of things, but I felt it was
important to bring it up now anyway. So, thank you for your time. Thank you.
Chairman Sheth asked if there any other comments he had.
Mr. Keller mentioned to Mr. Kline that we appreciate everything you've said. Regarding the very
aspect of everything from opossums running wild and the ramifications of them maybe going down
the street somewhere. The reason I mentioned a little bit earlier in this hearing that the subsequent
development of the site, if in fact this variance request is approved, continues with as spelled out
by Mrs. Melson-Williams. The Conditional Use Site Development Plan still has to be undertaken.
There are still a number of those matters that you're addressing, expressing concern over rightfully
so; they will be undertaken during the subsequent Site Plan development etc. There are still, as the
applicants understand to the best of my knowledge, steps to be taken during which matters such as
those that you bring forth will be given consideration.
Mr. Kline thanked Mr. Keller and the Board.
Chairman Sheth mentioned that he requested and the mayor agreed and he will also talk with the
City Manager Mr. Dave Hugg that we should discontinue online. If they don't have time and they
have a serious issue and don't have to come to the City Hall. They should come just like you guys
are coming here. He is speaking about those who are online. All other counties have discontinued
because there is no more pandemic and there's no more coronavirus going around. If they do, it is
not that as restricted by government. So, I hope we just discontinue hearing online people. Those
people work hard, and they are here. They are very serious about it as to whether they want to have
an opposition or favor. They should take time and come to City Hall and say we like it or don’t
like it. Thank you very much.
Mr. Kline asked Chairman Sheth if he was open to feedback on that last point. Chairman Sheth
replied sure. Mr. Kline mentioned that personally he’s a proponent of making these things as
accessible as possible. I happen to be in a privileged position where my work is understanding.
I can take a few hours off to come in here and voice my opinion and hear what's being said. For
some other people, they are currently sitting at their job listening to this as best they're able because
that is all that they're afforded the capability to do. Closing that avenue of accessibility, I think
limits people's ability to be heard and to hear and stay informed. I do not believe it presupposed
significant burden on the Board itself. Sure, an inconvenience yes, but when it's weighed against
the benefits of providing additional voice and more information in the community. I think it is well
worth the time and effort. Thank you.
My name is Connie Constance, and I live at 7 Gregory Court in The Meadows. I did not receive a
letter.
Ms. Connie Constance was sworn in by City Solicitor Mr. Rodriguez.
Ms. Connie Constance stated that as a member of our Board of our HOA (Homeowners
Association) I felt it important to come here as a representative because not all of us can be here
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CITY OF DOVER BOARD OF ADJUSTMENT __ JULY 17, 2024
Item 1.
because a lot of us do work. I am fortunately on vacation this week and was able to take the time
to come in here and do this.
I am speaking for several homeowners that have contacted our Board and we are in opposition of
this variance being done and for a lot of reasons that were spoken to already. Thank you.
Chairman Sheth said thank you, ma’am. I'm sorry I missed the word. What Board is this? Ms.
Constance replied I'm opposition for this. It is The Meadows; the Board is the HOA (Homeowners
Association). Chairman Sheth said thank you ma’am.
Chairman Sheth asked if there was anyone else wishing to speak. There was no one else wishing
to speak.
Chairman Sheth closed the public hearing after seeing no one else wishing to speak (online or in
the meeting room).
Chairman Sheth asked Mrs. Melson-Williams if she had already mentioned the communications,
right? Mrs. Melson-Williams replied yes, I did, by reference I included the Public Comments Set
1 and then from today the Public Comment Set 2. They were already entered into the record.
Chairman Sheth stated that he had no conflict of interest on this case, but I happen to be in the
same community of India. So, I want you to just know that I don’t have one side or the other side,
but it is good for me to disclose.
Mr. Wagner mentioned that he noticed in the Board of Adjustment Report that was given to us
on page four, the first paragraph, the last two sentences: “With the Conditional Use Plan
application, Planning Staff finds the exceptional practical difficulty may be determined to be
present.” He asked what is that?
City Solicitor Mr. Rodriguez stated that it was very well explained by Mr. Keller earlier. I would
only add to what he has already told us. He asked Mr. Wagner if he had any questions regarding
Mr. Keller’s statement. Mr. Wagner said he did not have questions.
Mrs. Melson-William said, I believe what Board member Wagner is referring to is on page eight.
In that Planning Staff evaluates each of the variance applications and we have come to the
conclusion that the applicant has demonstrated an “exceptional practical difficulty,” which is
their answers and responses to those four questions or statements. That is what the Board is charged
with evaluating as part of their review. It is your decision, of course, but Planning Staff has made
the recommendation that we believe they have satisfied those (the criteria) and would recommend
approval of the variance related to the front yard exceeding that 50 feet built-to line if you will, for
the project. The Board is charged with taking into account all of the information that the applicant
provides and their responses and this Report as well as the public comments and testimony
received today.
Chairman Sheth said thank you. He also stated to Mr. Wagner, when you vote we should know that
one of the four met the criteria before we say deny or approve. That is the one that the court looks
for to determine if we voted subjective or objective.
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CITY OF DOVER BOARD OF ADJUSTMENT __ JULY 17, 2024
Item 1.
Chairman Sheth asked Mrs. Melson-Williams if there were any additional comments.
Mrs. Melson-Williams mentioned that Mr. Chair you've conducted a public hearing. So, if there's
no other questions or statements from the Board of Adjustment members, I believe you're probably
ready to consider a motion regarding this application.
Chairman Sheth asked the members if they had any suggestions or a motion.
Mr. Keller moved to approve Variance Request application V-24-02. His motion is a follow-up to
the question of Mr. Wagner. The Board is obligated by the Zoning Ordinance, Article 9 Section 2
which dictates our specific responsibilities and duties and with regard to granting variances
specifically, the Board must determine various exceptional practical difficulties tests. With my
recommendation/motion for approval, I think those various things have been met. I'm in agreement
with Mrs. Melson-Williams’ finding also that there is in fact an exceptional practical difficulty t if
this was not granted due to the unique size and configuration of the subject property. And with
that in mind also I would certainly reemphasize that there, if approved, is still a number of matters
with regard to a site development plan, preparation, etc. and subsequent approvals for various
things regarding the development of the site. The motion was seconded Mr. Wagner and
unanimously carried 4-0.
Roll Call Vote
Mr. Keller -Yea
Mr. Wagner -Yea
Mr. Senato – Yea
Chairman Sheth - Yea
Mrs. Melson-Williams stated that, for the members of the public that are participating today, the
Board took the step to grant approval of the variance request to allow relief from that maximum
setback of the front yard. As noted throughout this process, the next step for the application would
be the preparation of a Conditional Use Site Plan Application. The applicant has the ability to file
that at anytime to meet our future filing deadlines for the Planning Commission. The Planning
Commission meeting would also be subject to a public hearing. There will be a posted agenda and
public notice that goes out for that particular meeting when it is scheduled. It is not necessarily the
next meeting of the Planning Commission. It could be anytime within the next year. If you have
questions about status, you can certainly reach out to the Planning Office. We will be happy to give
you an update if they've actually filed their application and how it would be moving forward. Our
office is also a resource for viewing the application once submitted so that you can prepare for
your future questions regarding the property.
Chairman Sheth asked if there were any other questions?
Chairman Sheth stated that this is not a part of the agenda, but he will be out of the country for the
August Board of Adjustment meeting. He wanted to know if Mr. Keller would consider his service
as Vice President until someone else is appointed by the Mayor.
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CITY OF DOVER BOARD OF ADJUSTMENT __ JULY 17, 2024
Item 1.
Mr. Keller replied that he will also be out of the country for 14 days in August. He does not as of
this moment know (dates) but would have to let you know as the trip has been paid for. If it conflicts
with that, I’m inclined to go out of the country. I appreciate your consideration.
Mr. Senato stated that Mr. Keller has been an asset to this Board of Adjustment in the years that
you have served, and you have been very honorable. You have had a lot of input, and he has a lot
of respect for you. Losing a Board member such as yourself is unfortunate to the Board. I hope
you at least reconsider until we have more people that the mayor will appoint so that we will have
enough coverage. I just want to express my complete gratification. It has been an honor serving
with you as another member of the Board. Mr. Keller responded that it has been his pleasure.
Mr. Senato made a motion to adjourn the meeting. It was seconded by Mr. Keller and unanimously
carried 4-0.
The meeting was adjourned at 10:24 A.M.
Sincerely,
Maretta Savage-Purnell
Secretary
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Item 2.
Resolution
Whereas, Mr. James N. Keller became an appointed member of the City of Dover
Board of Adjustment on January 25, 2010 and has served with diligence and
distinction in this capacity to ensure that the spirit of the City’s Zoning Ordinance
is observed and substantial justice is done; and,
Whereas, Mr. James N. Keller has played a role in ensuring fundamental fairness
and careful forethought in the interpretation of the Zoning Ordinance to ensure
undue hardship and exceptional practical difficulties are mitigated by the granting
of variances through his service on the Board of Adjustment; and,
Whereas, Mr. James N. Keller in reviewing and deliberating on variance
applications considered a property’s zoning classification, character of the area,
effects on neighboring properties and uses, and the creation of exceptional
practical difficulties for property owners seeking to make normal improvements to
their properties; and,
Whereas, Mr. James N. Keller was an involved reader/editor of the Board of
Adjustment meeting minutes helping to ensure the accurate record of the meeting
proceedings in the consideration of applications; and,
Whereas, Mr. James N. Keller completed his term of service on the City of Dover
Board of Adjustment in July 2024.
Now Therefore Be It Resolved That, the City of Dover Board of Adjustment does
hereby express its sincere appreciation to James N. Keller for his faithful and
diligent service to the Citizens of the City of Dover as an active member of the City
of Dover Board of Adjustment and extends it best wishes to James N. Keller in
future endeavors.
_________________________ _________________________
K.C. Sheth Sharon Duca
Board of Adjustment Chair Assistant City Manager
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Item 3.
City of Dover
Board of Adjustment
August 14, 2024
V-24-04
Title: Property at 1151 N. DuPont Highway - Application for a Variance
Location: East side of Route 13/North DuPont Highway and north of the intersection
with College Road and north of the entrance drive to Bally’s/ Dover Motor
Speedway
Address: 1151 N. DuPont Highway, Dover, DE
Owner: Tung Ching Lin
Tax Parcel: ED-05-057.00-01-30.01-000
Application Date: July 12, 2024
Present Zoning: C-4 (Highway Commercial Zone)
SWPOZ (Source Water Protection Overlay Zone: Tier 3 –
Excellent Recharge Area)
Present Use: Restaurant Building (vacant)
Proposed Use: New Restaurant Building with drive-though
Reviewed By: Dawn Melson-Williams, AICP, Principal Planner
Variance Type: Area Variance
Variances Requested: Request has been made for a Variance from the requirements of
Zoning Ordinance, Article 4 §4.15 for future construction of a new
restaurant building with drive-through and site improvements. The
Variance Request seeks reduction of the side yard setback of 15
feet to 8.5 feet to accommodate the drive-through canopy.
Project Description
The property at 1151 N. DuPont Highway is located on the east side of North DuPont Highway
north of the intersection with College Road. It is the second property (building) passed the
signalized intersection with the entrance drive leading to Bally’s Hotel & Casino and the Dover
Motor Speedway. The property currently includes a vacant fast-food restaurant building with
drive-through surrounding by a circulation drive and parking areas. Access to the property is via
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 2 of 8
a shared right-in/right-out entrance with the adjoining property to the north (Grotto’s). On the
eastern portion of the property there is a circulation drive that travels south to link to Bally’s
entrance drive. A Conceptual (Site) Plan sheet shows the project (See Exhibit E). The existing
conditions of the property are shown on Exhibit F, an ALTA Survey.
The Applicant has requested a Variance from the requirements of Zoning Ordinance, Article 4
§4.15 for future construction of a new restaurant building with drive-through and site
improvements. The Variance Request seeks reduction of the side yard setback of 15 feet to 8.5
feet to accommodate the drive-through canopy. The new restaurant building with drive through,
a proposed Raising Cane’s, would be subject to a separate Site Development Plan review
process.
Property and Adjacent Properties: Zoning and Land Use
The 1.13 acre (49,149 SF) +/- property is zoned C-4 (Highway Commercial Zone) and is subject
to the SWPOZ (Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area). The
two adjoining parcels also fronting are zoned C-4 (Highway Commercial and include a
restaurant (Grotto’s) and a multi-tenant building with retail stores and a restaurant. To the east
are the properties of Balley’s Hotel and Casino and the Dover Motor Speedway which are zoned
RC (Recreational and Commercial Zone). To the west, across DuPont Highway is the main
campus of Delaware State University that is zoned IO (Institutional and Office Zone). A majority
of the surrounding area is also subject to the SWPOZ (Source Water Protection Overlay Zone)
A Map Exhibit (Exhibit B) prepared by Staff is attached to this Report. It shows the subject
property’s location and the surrounding zoning. Map Exhibit C shows an aerial view of the area.
Code Citations
C-4 (Highway Commercial Zone)
The subject project area is zoned C-4 (Highway Commercial Zone). Zoning Ordinance, Article 3
Section 16 lists the permitted uses, conditional uses, and other provisions of the C-4 zone. For
the proposed redevelopment of the property for a new restaurant building with drive-through, the
use as a restaurant with drive-through would require Site Development Plan approval. See the
following excerpt of the permitted uses in the C-4 zone.
Article 3
16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall
be used, and no building or part of a building shall be erected, which is arranged, intended,
or designed to be used, in whole or in part, for any purpose, except the following:
(a) Retail stores.
(b) Business, professional or governmental offices.
(c) Restaurants.
(d) Personal service establishments.
(e) Service establishments.
(f) Hotels and motels.
(g) Places of public assembly.
(h) Bus terminal.
(i) Wholesale, storage, warehousing, and distribution establishments.
(j) Indoor or outdoor recreation and amusement establishments.
(k) Hospitals and medical centers.
(l) Drive-throughs.
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 3 of 8
In the C-4 zone, there is a set of bulk standards for development outlined in Zoning Ordinance,
Article 4 Section 4.15. It sets the side yard setback for the building at 15 feet. See code excerpt
below; the side yard setback requirement is highlighted (the subject of this variance request).
Article 4 Section 4.15. - C-3, C-4, R-C, IO, and CPO zones.
Bulk and parking regulations for service commercial (C-3), highway commercial (C-4),
recreation and commercial (R-C), institutional and office (IO), and commercial and professional
office (C-PO) zones are as follows:
C-4
Minimum required:
Lot area
Lot width (ft.) 150
Lot depth (ft.) 150
Front yard (ft.) 20
Side yard (ft.) 15
Rear yard (ft.) 10 or equal to bldg. height
Side or rear yards which adjoin a residence 30
zone (ft.)
Off-street parking
Per 300 sq. ft. floor area or 1
Per employee (whichever is greater) 1
Maximum permitted:
Building height
Stories 6
Feet 75
Floor area ratio 4.0
Lot coverage 75%
SWPOZ (Source Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area)
The purpose of the Source Water Protection Overlay Zone (Zoning Ordinance, Article 3 §29) is
to provide a safe drinking water supply and to ensure that groundwater is adequately protected
and maintained. This site is subject to the Tier 3: Excellent Recharge Area. The Zoning
Ordinance, Article 3 Section 29 lists a series of uses are prohibited throughout the SWPOZ,
including in the excellent recharge area. The restaurant with drive-through use that this project
proposes is not a prohibited use. SWPOZ: Tier 3 Lands are additionally subject to specific rules
regarding impervious coverage if the redevelopment is subject to Planning Commission review.
The maximum coverage within Tier 3 Lands is typically 30% or 60% if infiltration is used in the
development’s stormwater management with accommodations for redevelopment activities.
Additionally, the following definitions are part of the Zoning Ordinance:
Setback: The distance between the street line and the setback line.
Setback line: A line extending between the two side lot lines of a lot or a parcel of land,
which is parallel to, and a stated distance from, a street line.
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 4 of 8
Street: A street shown on the official map of the City of Dover and improved to the
satisfaction of the planning commission.
Street line: The dividing line between a lot and a street.
Yard, front: An unoccupied ground area fully open to the sky between the street line and
the setback line. The minimum width of the front yard is equal to the setback.
Yard, rear: An unoccupied ground area fully open to the sky between the rear lot line and a
line parallel thereto.
Yard, side: An unoccupied ground area fully open to the sky between any property line
other than a street or rear lot line, and a line drawn parallel thereto, and between the front
and rear yards.
Applicant’s Proposed Project and Variances Requested
The Applicant has submitted a Plan Sheet (Exhibit E). This plan/drawing depicts the proposed
building placement and other site improvements as currently proposed. The new restaurant
Building with drive-through and associated site improvements is to be constructed after
demolition of the existing building and site features on the property. The Applicant has requested
a Variance from the requirements of Zoning Ordinance, Article 4 §4.15 for future construction of
a new restaurant building with drive-through and site improvements. The Variance Request
seeks reduction of the side yard setback of 15 feet to 8.5 feet to accommodate the drive-through
canopy. The main mass of the building complies with the setback requirements.
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.
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 5 of 8
Review of Application
As part of the Application, the applicant was asked to summarize how the requested Variance
relates to the above criteria. The applicant’s response (Exhibit D) along with a Staff assessment
of the application in accordance with the required criteria is provided below.
1. The nature of the zone in which the property lies.
Applicant Response: Parcel is zoned C-4 Highway Commercial which permits the
proposed use, a Restaurant and Drive Through as a by right use.
Staff Response:
The subject property is zoned C-4 (Highway Commercial Zone). The C-4 zoning district
is a commercial zoning district that allows for a variety of retail stores, restaurants, offices,
and service establishments among other uses. The proposed use as a restaurant and drive-
through are permitted uses. The C-4 zone has bulk standards related to setbacks for
placement of buildings on a parcel. The property is also subject to the SWPOZ (Source
Water Protection Overlay Zone: Tier 3 – Excellent Recharge Area) which has provisions
related to prohibition of certain uses and limitations on impervious surface coverage to
protect water resources.
2. The character of the immediate vicinity and the contained uses therein.
Applicant Response: There is currently a Grotto’s Restaurant to the west and a Chipotle
and Vitamin Shoppe to the east of the site. Located to the rear is the Dover Downs Casino
and along our frontage is Rt. 13 (DuPont Hwy). In addition, the site currently contains a
former Boston Market restaurant which is now closed and vacant as a result of the
Company’s bankruptcy.
Staff Response:
The subject property at 1151 N. DuPont Highway current includes a vacant restaurant
building. It is located along a major commercial corridor (DuPont Highway). The
adjoining parcels include a restaurant (Grotto’s) and a multi-tenant building with retail
stores and a restaurant. To the east are the properties of Balley’s Hotel and Casino and
the Dover Motor Speedway. To the west, across DuPont Highway, is the main campus of
Delaware State University.
3. Whether, if the restriction upon the applicant’s property were removed, such
removal would seriously affect neighboring properties and uses.
Applicant Response: Our client’s intention is to redevelop and revitalize the parcel to
include replacing the existing aged and vacant building with a new 3,364± SF building and
increasing landscaping around the site to be more visually appealing. The variance is
being requested in order to construct a canopy over the permitted drive through lanes
which will not negatively affect the adjacent commercial restaurant property. This is
because the canopy encroachment is minimal and the nearest use has a grass and
parking area, none of which would be impacted by the proposed canopy.
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 6 of 8
Staff Response:
Planning Staff notes that the placement of the new building complies with the setback
requirements except for the canopy roof extension over the dual drive-through lanes on
the south side of the building. The building is located on the parcel so that the dual drive-
through lanes allow for stacking on-site of multiple vehicles in line leading up to the
menu board/ordering location and the food pick-up area. The site circulation and parking
lot area is separated from the drive-through lanes. This should avoid the stacking on
vehicles into the shared entrance drive with the adjacent property to the north as other
circulation options are available. Where the canopy roof would encroach into the 15-foot
side yard setback of the south property line, it is next to a parking lot area on the adjacent
property. The proposed side yard setback is 8.5 feet from the property line; it is 8.5 feet to
canopy roof. The setback requirement does not apply to the location of the drive-through
lane (pavement). Therefore, the requested Variance should not impact the use of
neighboring lands.
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: The proposed drive-through canopy is considered a structure
(although not enclosed) and is within the 15’ side setback. Canopies are essential to the
fast-food business, preventing employees and customers from being exposed to the
weather, such as rain, snow, UV rays, while waiting for their order to exchange hands and
are considered a normal and essential improvement for the proposed use. Removing the
proposed order point canopy will drastically decrease the customer experience, which puts
the financial viability of the project at risk, but it also risks the customer’s and employee’s
safety, and it is simply not possible to provide a canopy that will meet the setback
requirement.
Staff Response:
The existing format of the property’s circulation drive areas and location the existing
entrance (from DuPont Highway and to Bally’s Entrance drive) affects the proposed site
design layout. The variance request is related to construction of a covered area in the
form of a canopy over the dual drive-through lanes. While it appears that there is space to
move the building the 6.5 feet to the north so that the canopy would comply with the side
yard setback that option may not work with the needed widths and turning radii of the
circulation drives of the parking lot and drive-through lanes. The size of the canopy roof
could also be reduced to comply with the side yard back but that would functionally not
cover both drive-through lanes. Covered drive-through lanes at the point of ordering and
food pick-up are commonplace with restaurants with such operations. The Planning Staff
Planning Staff finds that an exceptional practical difficulty may be determined to be
present.
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V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 7 of 8
Variance Recommendations
Staff recommends approval of the Variance that would allow construction of the canopy over the
dual drive-through lanes for the proposed new restaurant building at 1151 N. DuPont Highway.
The granting of the Variance would allow the reduction of the side yard setback from 15 feet to
8.5 feet for the canopy. Planning Staff finds that the Applicant has strived to demonstrate an
exceptional practical difficulty; they would incur by not having this Variance granted.
Staff recommends approval of the variance for reasons as follows:
• The Zoning Ordinance permits development of restaurants and drive-throughs in the
C-4 zoning district; however, any building would be subject to the requirements of
the setbacks for the C-4 zoning district.
• The Zoning Ordinance does not include additional or alternative requirements related
specifically to drive-throughs. The canopy is attached to the building and must follow
the setbacks for the building. This size and configuration of the canopy encroaches
into the side yard setback and would require a variance.
• The canopy is a roof only and the sides are open which will visually minimize how
close it is to the property line.
• The granting of the Variance allows for improvements to the operations of the
restaurant use allowing a covered area for the customer to receive their food order and
to protect employees as well. This design allows for two drive-through lanes with the
canopy roof coverage for two areas of customer service thus reducing potential
vehicle stacking issues on the reminder of the property.
• For this redevelopment project of a new building and site improvements, a Site
Development Plan application will be required subject to the provisions of the Zoning
Ordinance.
Advisory Comments to the Applicant
• If granted, the variance becomes 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.
• If the requested variance is granted, the Applicant must still obtain the appropriate Site
Development Plan and construction activity Permits approvals for construction of a Building
on the property. A Site Development Plan for a building of this proposed use requires an
application and review process. Depending on the size and scale of the project it may qualify
for Administrative review or Planning Commission public hearing and review. Contact the
Planning Office to discuss steps for application submission.
• The Applicant should be aware that whenever the Board of Adjustment denies an application
for a variance, such application for a variance, or an application on the same property, which
is substantially similar, shall not be accepted for reconsideration by the Board of Adjustment
sooner than one year from the date of denial (Zoning Ordinance, Article 9 §3.8).
24
Page 25
V-24-04 Property at 1151 N. DuPont Highway, Dover DE Item 3.
Board of Adjustment Report
Page 8 of 8
GUIDE TO ATTACHMENTS
Exhibit Description/Author # Pages
A BOA Application Form 1
B Zoning Map Exhibit (Staff) 1
C Planning & Inspections View Map – Aerial 1
Map/Zoning Map Exhibit
(Staff)
D Applicant’s Written Responses: Narrative 1
E Conceptual Site Plan prepared for Raising 1
Cane’s Proposed Development (Dated
7/2/2024)
F ALTA/NSPS Land Title Survey for Raising Cane’s 1
-Dover at 1151 North DuPont Highway (Dated
11/22/2023)
25
Page 26
City of Dover, DE
Department of Planning and Inspections _______ Area Variance Item 3.
P.O. Box 475, Dover, Delaware 19903 _______ Use Variance
(302) 736-7010 Fax: (302) 736-4217 _______ Appeal
www.cityofdover.com _______ Pre-App Date
Board of Adjustment Application
Application Information
1151 N Dupont Hwy
Property Address: ___________________________________________________________________________________
Tax Parcel Number: _________________________________________________________________________________
2 05 05700 01 3001 000
Owner Name: ________________________________________________________________________________________
Tung Ching Lin
Property Zoning: _____________________________________________________________________________________
C-4 Highway Commercial
Variance (s) Requested: _____________________________________________________________________________
Side yard setback
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
*Provide eight (8) copies of any survey, drawings, photos, site plan, etc. that may help support your
application, and your response to the criteria. The criteria for a use variance and appeal are on the
back of the form.
Area Variance
An area variance shall be evaluated on the following criteria: Please state how your request
meets each of these four (4) criteria.
1. The nature of the zone in which the property lies;
2. The character of the immediate vicinity and the contained uses therein;
3. Whether, if the restriction upon the applicant’s property were removed, such removal
would seriously affect neighboring properties and uses; and
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 permitted uses under
the provisions of the zoning ordinance.
Signature
I Tung Ching Lin
______________________________________________do affirm that I am the property owner on which the
variance is sought and that all the information provided in this application is accurate to the best of
my knowledge and belief.
owner 7/12/24
_________________________________________________________________________________________________________________
Signature Title Date
BOA Application. –Adopted 11-3-10
26
Page 27
City of Dover Appli
cati
on No.
:V-
24-
04
Exhibit B Item 3.
Department of Planning & Inspections
SC-3
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Zoni ng: C-4( Hi ghw ay Com m e rci
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Page 28
Planning & Inspections View Map Item 3.
8/8/2024, 7:37:15 AM 1:2,257
0 0.02 0.04 0.08 mi
Dover_Boundary
0 0.03 0.07 0.13 km
Parcels Outside Dover
Dover Parcels Maxar, Microsoft
28
City of Dover, Delaware - Planning Department
USDA Agricultural Stabilization and Conservation Service | EarthData/PhotoScience Inc. | State of Delaware Department of Transportation and EarthData | EarthData International of Maryland | Sanborn Mapping Company | Digital Aerial Solutions, LLC | Surdex Corp | DelDOT | Maxar |
Page 29
Item 3.
Area Variance:
1. The nature of the zone in which the property lies; Parcel is zoned C-4 Highway Commercial
which permits the proposed use, a Restaurant and Drive Through as a by right use.
2. The character of the immediate vicinity and the contained uses therein; There is currently a
Grotto’s Restaurant to the west and a Chipotle and Vitamin Shoppe to the east of the site.
Located to the rear is the Dover Downs Casino and along our frontage is Rt. 13 (DuPont Hwy).
In addition, the site currently contains a former Boston Market restaurant which is now closed
and vacant as a result of the Company’s bankruptcy.
3. Whether, if the restriction upon the applicant’s property were removed, such removal would
seriously affect neighboring properties and uses; Our client’s intention is to redevelop and
revitalize the parcel to include replacing the existing aged and vacant building with a new
3,364± SF building and increasing landscaping around the site to be more visually appealing.
The variance is being requested in order to construct a canopy over the permitted drive
through lanes which will not negatively affect the adjacent commercial restaurant property.
This is because the canopy encroachment is minimal and the nearest use has a grass and
parking area, none of which would be impacted by the proposed canopy.
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 permitted uses under the provisions of the
zoning ordinance. The proposed drive-through canopy is considered a structure (although not
enclosed) and is within the 15’ side setback. Canopies are essential to the fast-food
business, preventing employees and customers from being exposed to the weather, such as
rain, snow, UV rays, while waiting for their order to exchange hands and are considered a
normal and essential improvement for the proposed use. Removing the proposed order point
canopy will drastically decrease the customer experience, which puts the financial viability
of the project at risk, but it also risks the customer’s and employee’s safety, and it is simply
not possible to provide a canopy that will meet the setback requirement.
29
Page 30
Item 3.
PLAN TO ACCOMPANY BOARD THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN
TM
SITE CIVIL AND CONSULTING ENGINEERING
LAND SURVEYING
OF ADJUSTMENT APPLICATION NO
RT
H
DU
PO
PROGRAM MANAGEMENT
LANDSCAPE ARCHITECTURE
SUSTAINABLE DESIGN
AUTHORIZATION FROM BOHLER. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES
FOR NT
HI
G
HW PERMITTING SERVICES
© BOHLER
AY
TRANSPORTATION SERVICES
RAISING CANE'S RESTAURANT, LLC
REVISIONS
DRAWN BY
REV DATE COMMENT
LOCATION MAP CHECKED BY
SCALE: 1"=350'
PLAN REFERENCE: Copyright 2024, NEARMAP
E
THE FOLLOWING VARIANCE IS REQUESTED
WITHIN THE APPLICATION
3
D8
NA
3 PARCEL 2-05-05700-01-3200-00 A VARIANCE FROM ARTICLE 4-015 OF THE CITY OF DOVER CODE OF ORDINANCES TO PERMIT A
D8
NA N/F LANDS OF 8.5' SIDE LOT LINE SETBACK (15' REQUIRED)
W S GLP CAPITAL , L.P.
D.B. REVL-11137 PG. 230
(1131 NORTH DUPONT HIGHWAY)
S47°12'49"E(SP)
S38°14'59"E(D)
375.00'
ZONING TABLE
ZONE: C-4 - HIGHWAY COMMERCIAL
54' 63.7'
USE: DRIVE-THRU RESTAURANT WITH PATIO
PARCEL 2-05-05700-01-3001-000
N38°14'59"W(D) 200.00' TOTAL AREA: 1.13± AC
APPLICANT/ OWNER INFORMATION
258.00'
VAN N47°12'49"W(SP)
APPLICANT:
RAISING CANE'S RESTAURANTS, LLC
6800 BISHOP ROAD ALWAYS CALL 811
2 PLANO, TX 75024
268.00'(D)
TUNG CHING LIN It's fast. It's free. It's the law.
PROPERTY OWNER: 135 SHINNECOCK ROAD
DOVER, DE 19904
PARCEL
2-05-05700-01-3001-000 BULK REQUIREMENTS
N/F LANDS OF
TUNG CHING LIN & MIN. LOT AREA
ITEM CODE
§ 4-015
REQUIRED
22,500 SF (0.52 AC)
EXISTING
49,149 SF (1.13 AC)
PROPOSED
NO CHANGE
FOR CONCEPT
SU LAN LIN
D.B. A55, PG. 46
MIN. LOT WIDTH § 4-015 150.0' 175.0' NO CHANGE
PURPOSES ONLY
238.00'
MIN. LOT DEPTH 150.0' 258.0' NO CHANGE
(1151 NORTH DUPONT HIGHWAY) MIN. YARD SETBACKS
THIS DRAWING IS INTENDED FOR MUNICIPAL AND/OR AGENCY
FRONT YARD § 4-015 20.0' FROM STREET R.O.W. 56.3' 20.3' REVIEW AND APPROVAL. IT IS NOT INTENDED AS A CONSTRUCTION
DOCUMENT UNLESS INDICATED OTHERWISE.
248.00'(D)
8.5' (CANOPY)
SIDE YARD § 4-015 15.0' FROM SIDE LOT LINE 61.5'
30.0' (BUILDING)
8.5' REAR YARD §4-015 10.0' FROM REAR LOT LINE 105.8'
54.0' (CANOPY)
63.7' (BUILDING)
TBM-A PROJECT No.: DEA240021.00-0A
KEY = VARIANCE REQUIRED
ELEV=33.00' DRAWN BY: RY
PARCEL 2-05-05700-01-3000 CHECKED BY: DMK
N/F LANDS OF
DATE: 07/02/2024
DENNY'S REALTY INC CAD I.D.: P-SITE-BOA-
PARCEL 2-05-05700-01-3002-000
14 D.B. A48, PG. 227
N/F LANDS OF 97.7' (1141 NORTH DUPONT HIGHWAY)
PROJECT:
SILICATO DEVELOPMENT PARTNERSHIP 13
PLAN TO
D.B. T41, PG. 229 ACCOMPANY BOARD
(1159 NORTH DUPONT HIGHWAY)
PARKING TABLE
PROP. PERVIOUS ITEM CODE REQUIRED PROPOSED
OF ADJUSTMENT
PAVEMENT STANDARD PARKING
1 SPACE PER 300 SF GFA
APPLICATION
§ 4-015 27 SPACES
FOR
30' SPACES 3,364 SF + 1,050 SF =4,414 SF
4,414 / 300 = 14.7 (15 SPACES REQ.)
1 SPACE PER 25 SPACES 2 SPACES (1 VAN
N42°47'11"E(SP)
ADA PARKING SPACES
(2 SPACES, 1 VAN ACCESSIBLE) ACCESSIBLE)
1 SPACE PER 20 PARKING SPACES
BIKE PARKING SPACES § 6-003-010 10 SPACES
(2 SPACES REQ.)
N51°45'01"E(D)
PROP. BIKE RACK
PROPOSED
DEVELOPMENT
S51°45'01"W(D)
1151 N DUPONT HIGHWAY
CITY OF DOVER
DOVER, DELAWARE 19901
2-05-05700-01-3001-000
S42°47'11"W(SP)
PROP. 15' PERMANENT
EASEMENT PROP. DELDOT
20.3'
DEDICATION
P.O.B. 30FT R.O.W. 18958 COASTAL HWY, SUITE D
THIS SURVEY
36' REHOBOTH BEACH, DE 19971
Phone: (302) 644-1155
Fax: (302) 703-3173
H:\2024\DEA240021.00\CAD\DRAWINGS\PLAN SETS\BOA\P-SITE-BOA-DEA240021.00-0A----->LAYOUT: BOA PLAN
N38°14'59"W(D) 175.00' www.BohlerEngineering.com
P.O.B. N47°12'49"W(SP)
D.B. A55, PG 46
NORTH DUPONT HIGHWAY
TBM-B
ELEV=32.44'
(A.K.A. U.S.ROUTE 13)
(VARIABLE WIDTH R.O.W.)
(ASPHALT ROADWAY)
(TWO WAY TRAFFIC)
SHEET TITLE:
PLAN TO
ACCOMPANY
BOARD OF
ADJUSTMENT
APPLICATION
SHEET NUMBER:
1
Jul 12, 2024 ND ORG. DATE - 07/02/2024
30
Page 31
Item 3.
08 SCHEDULE B, PART II EXCEPTIONS:
°5
7'50
" 7 UTILITY AGREEMENT BETWEEN DAVID P. BUCKSON AND THE DIAMOND STATE TELEPHONE COMPANY, DATED
1/26/1968, AS RECORDED IN DEED RECORD Z, VOLUME 24, PAGE 495, KENT COUNTY RECORDS - INCLUDES
SURVEYED PROPERTY. NOT PLOTTABLE PER RECORD DOCUMENT
8 UTILITY AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC. AND THE DIAMOND STATE TELEPHONE
COMPANY, DATED 10/20/1977, AS RECORDED IN DEED RECORD A, VOLUME 32, PAGE 194, KENT COUNTY
RECORDS - 10' TELEPHONE EASEMENT SHOWN.
9 EASEMENT AGREEMENT BETWEEN DAVID P. BUCKSON AND PATRICIA H. BUCKSON, JEFFERIC ENTERPRISES,
INC. AND THE CITY OF DOVER, DATED 10/15/1986, AS RECORDED IN DEED RECORD I, VOLUME 25, PAGE 327,
SITE
KENT COUNTY RECORDS - LOCATION CANNOT BE DETERMINED FROM RECORD DOCUMENT, EXISTING SEWER
17 25 13 LINES SHOWN
PARCEL 2-05-05700-01-3200-00 10 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC. AND THE CITY OF DOVER, DATED 10/15/1968, AS
CO
D.
B.
A5
N/F LANDS OF RECORDED IN DEED RECORD L, VOLUME 25, PAGE 54, KENT COUNTY RECORDS - LOCATION CANNOT BE
E A
AN (N
5,
PG GLP CAPITAL , L.P. DETERMINED FROM RECORD DOCUMENT, EXISTING SEWER LINES SHOWN
PL M .4
D.B. REVL-11137 PG. 230 19
E TE 6 18 21
AR S (1131 NORTH DUPONT HIGHWAY) 11 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC. AND THE CITY OF DOVER, DATED 10/15/1968, AS
W SY
LA TE S42°47'11"W(SP) RECORDED IN DEED RECORD L, VOLUME 25, PAGE 56, KENT COUNTY RECORDS - LOCATION CANNOT BE
DE NA 22 29
I S51°45'01"W(D) DETERMINED FROM RECORD DOCUMENT, EXISTING SEWER LINES SHOWN
RD
O
D
18 19 21 20.00' 12 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC. AND THE STATE OF DELAWARE, DATED 8/5/1970, AS
83 ) RECORDED INDEED RECORD X, VOLUME 26, PAGE 280, KENT COUNTY RECORDS - NOT LOCATED ON
22 29 SURVEYED PROPERTY
D
13 EASEMENT AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC., CONTINENTAL ILLINOIS NATIONAL BANK
AND TRUST COMPANY OF CHICAGO, DOVER DOWNS, INC. AND FIRST PENNSYLVANIA BANK N.A., FORMERLY
S47°12'49"E(SP) THE FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, DATED 9/28/1976, AS RECORDED IN DEED RECORD
D D
S38°14'59"E(D) Z, VOLUME 30, PAGE 450, KENT COUNTY RECORDS - SANITARY SEWER EASEMENT SHOWN.
C 375.00'
14 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC., FIRST PENNSYLVANIA BANK N.A., FORMERLY THE
FIRST PENNSYLVANIA BANKING AND TRUST COMPANY AND SAMBO'S OF DELAWARE, INC., DATED 9/28/1976, AS
RECORDED IN DEED RECORD Z, VOLUME 30, PAGE 162, KENT COUNTY RECORDS - NOT LOCATED ON VICINITY MAP
SURVEYED PROPERTY
NOTES: NOT TO SCALE
15 EASEMENT AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC., AND RESTAURANT REALTY COMPANY,
N38°14'59"W(D) 200.00' DATED 4/11/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 4, KENT COUNTY RECORDS - 1. PROPERTY KNOWN AS PARCEL 2-05-05700-01-3001-000 AS IDENTIFIED ON THE OFFICIAL TAX MAP OF KENT
23
258.00'
COUNTY, STATE OF DELAWARE.
N47°12'49"W(SP) INGRESS/EGRESS EASEMENT SHOWN
8
PARCEL 16 EASEMENT AGREEMENT BETWEEN RESTAURANT REALTY COMPANY AND JEFFERIC ENTERPRISES, INC., 2. AREA = 49,149 SQUARE FEET OR 1.128 ACRES.
268.00'(D)
24 2-05-05700-01-3001-000 DATED 4/17/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 8, KENT COUNTY RECORDS -
N/F LANDS OF INGRESS/EGRESS EASEMENT SHOWN 3. LOCATION OF UNDERGROUND UTILITIES ARE APPROXIMATE. LOCATIONS AND SIZES ARE BASED ON UTILITY
TUNG CHING LIN & MARK-OUTS, ABOVE GROUND STRUCTURES THAT WERE VISIBLE & ACCESSIBLE IN THE FIELD, AND THE MAPS
SU LAN LIN 17 EASEMENT AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC. AND RESTAURANT REALTY COMPANY, AS LISTED IN THE REFERENCES AVAILABLE AT THE TIME OF THE SURVEY. AVAILABLE ASBUILT PLANS AND
D.B. A55, PG. 46 DATED 4/9/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 21, KENT COUNTY RECORDS - 15' WIDE UTILITY MARKOUT DOES NOT ENSURE MAPPING OF ALL UNDERGROUND UTILITIES AND STRUCTURES.
(1151 NORTH DUPONT HIGHWAY) 8 BEFORE ANY EXCAVATION IS TO BEGIN, ALL UNDERGROUND UTILITIES SHOULD BE VERIFIED AS TO THEIR
SEWER EASEMENT SHOWN.
18 19 21 LOCATION, SIZE AND TYPE BY THE PROPER UTILITY COMPANIES. CONTROL POINT ASSOCIATES, INC. DOES
18 EASEMENT AGREEMENT BETWEEN RESTAURANT REALTY COMPANY, JEFFERIC ENTERPRISES, INC., DOVER NOT GUARANTEE THE UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA EITHER IN SERVICE OR
238.00'
DOWNS, INC. AND DENNY'S INC., DATED 4/17/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 27, ABANDONED.
22 29 KENT COUNTY RECORDS - 20' WIDE SEWER EASEMENT SHOWN.
A QUALITY LEVEL SYSTEM IS UTILIZED TO IDENTIFY THE SOURCE OF THE UNDERGROUND UTILITY
248.00'(D)
9
19 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC., FIRST PENNSYLVANIA BANK N.A., FORMERLY THE INFORMATION. THE METHOD OF DETERMINATION IS BASED ON CONTRACTUAL AGREEMENT WITH THE CLIENT
TBM-A FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, RESTAURANT REALTY COMPANY AND JEFFERIC AND IS DEPICTED ON THE SURVEY BY THE LINE TYPES SHOWN IN THE DRAWING LEGEND. FOR REFERENCE,
ELEV=33.00' ENTERPRISES, INC., DATED 3/1/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 35, KENT COUNTY THE QUALITY LEVELS ARE AS FOLLOWS:
E
RECORDS - 20' WIDE SEWER EASEMENT SHOWN.
QUALITY LEVEL D - UTILITIES SHOWN BASED UPON REFERENCE MAPPING OR ORAL HISTORY. NOT
20 EASEMENT AGREEMENT BETWEEN DOVER DOWNS, INC., FIRST PENNSYLVANIA BANK N.A., FORMERLY THE FIELD VERIFIED.
PARCEL 2-05-05700-01-3002-000 PARCEL 2-05-05700-01-3000 FIRST PENNSYLVANIA BANKING AND TRUST COMPANY AND RESTAURANT REALTY COMPANY, DATED 3/1/1984,
N/F LANDS OF AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 40, KENT COUNTY RECORDS - NOT LOCATED ON QUALITY LEVEL C - LOCATION OF UTILITY SURFACE FEATURES SUPPLEMENTS REFERENCE MAPPING.
N/F LANDS OF DENNY'S REALTY INC SURVEYED PROPERTY. INCLUDES MARKOUT BY OTHERS.
SILICATO DEVELOPMENT PARTNERSHIP D.B. A48, PG. 227
D.B. T41, PG. 229 21 EASEMENT AGREEMENT BETWEEN RESTAURANT REALTY COMPANY AND THE CITY OF DOVER, DATED QUALITY LEVEL B - UTILITY LOCATION DATA IS COLLECTED THROUGH GEOPHYSICAL SENSING
(1141 NORTH DUPONT HIGHWAY)
(1159 NORTH DUPONT HIGHWAY) 4/17/1984, AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 45, KENT COUNTY RECORDS - SEWER TECHNOLOGY TO SUPPLEMENT SURFACE FEATURES AND OR REFERENCE
EASEMENT SHOWN. MAPPING. INCLUDES MARKOUT BY CONTROL POINT ASSOCIATES, INC.
3
22 EASEMENT AGREEMENT BETWEEN RESTAURANT REALTY COMPANY AND JEFFERIC ENTERPRISES, INC., QUALITY LEVEL A - HORIZONTAL AND VERTICAL LOCATION OF UTILITIES ARE OBTAINED USING VACUUM
DATED 3/21/1986, AS RECORDED IN DEED RECORD X, VOLUME 41, PAGE 271, KENT COUNTY RECORDS. - EQUIPMENT EXCAVATION OR OTHER METHODS TO EXPOSE THE UTILITY. LOCATION
EASEMENTS AND CONDITIONS ACROSS SURVEYED PROPERTY ARE SHOWN - 20' WIDE SEWER EASEMENT SHOWN AT SINGLE POINT WHERE EXCAVATION OCCURRED UNLESS UTILITY WAS
8 SHOWN. LOCATED PRIOR TO FILLING.
22
N42°47'11"E(SP)
23 EASEMENT AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC. AND RESTAURANT REALTY COMPANY, ALL FOUR TYPES MAY NOT BE PRESENT ON THIS SURVEY.
E DATED 3/31/1986, AS RECORDED IN DEED RECORD X, VOLUME 41, PAGE 276, KENT COUNTY RECORDS - NOT
LOCATED ON SURVEYED PROPERTY.. 4. THIS PLAN IS BASED ON INFORMATION PROVIDED BY THE CLIENT, A SURVEY PREPARED IN THE FIELD BY
CONTROL POINT ASSOCIATES, INC., AND OTHER REFERENCE MATERIAL AS LISTED HEREON.
24 EASEMENT AGREEMENT BETWEEN JEFFERIC ENTERPRISES, INC. AND RESTAURANT REALTY COMPANY,
N51°45'01"E(D)
DATED 3/31/1986, AS RECORDED IN DEED RECORD X, VOLUME 41, PAGE 280, KENT COUNTY RECORDS - NOT 5. THIS SURVEY IS PREPARED WITH REFERENCE TO A COMMITMENT FOR TITLE INSURANCE PREPARED BY
LOCATED ON SURVEYED PROPERTY. STEWART TITLE GUARANTY COMPANY FILE NO. 12285, WITH AN EFFECTIVE DATE OF 09-25-2023. SEE
EXCEPTIONS LIST FOR SURVEY RELATED EXCEPTIONS THAT APPEAR IN SCHEDULE B, PART II.
25 SEWER AGREEMENT BETWEEN DOVER DOWNS, INC., THE FIRST PENNSYLVANIA BANK N.A., FORMERLY THE
4 6 EXISTING FIRM: BY GRAPHIC PLOTTING ONLY PROPERTY IS LOCATED IN FLOOD HAZARD ZONE X (AREAS
FIRST PENNSYLVANIA BANKING AND TRUST COMPANY AND RESTAURANT REALTY COMPANY, DATED 3/1/1984,
S51°45'01"W(D)
AS RECORDED IN DEED RECORD G, VOLUME 39, PAGE 12, KENT COUNTY RECORDS - NOT LOCATED ON DETERMINED TO BE OUTSIDE THE 0.2% CHANCE FLOODPLAIN.) PER MAP REF #2.
SURVEYED PROPERTY.
15 7. THE EXISTENCE OF UNDERGROUND STORAGE TANKS, IF ANY, WAS NOT KNOWN AT THE TIME OF THE FIELD
26 AFFIDAVIT OF AUTOMATIC TERMINATION OF CONDITIONAL SALES CONTRACT BY RESTAURANT REALTY SURVEY.
COMPANY, DATED 7/15/1994, AS RECORDED IN RECORD A, VOLUME 55, PAGE 50, KENT COUNTY RECORDS -
NOT SURVEY RELATED. 8. ELEVATIONS REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88), BASED ON GPS
S42°47'11"W(SP)
OBSERVATIONS UTILIZING THE KEYSTONE VRS NETWORK (KEYNETGPS).
16 27 EXCEPTING OUT DEED TO THE STATE OF DELAWARE, DATED 4/16/1984, AS RECORDED IN DEED RECORD G, TEMPORARY BENCH MARKS SET:
VOLUME 39, PAGE 50, KENT COUNTY RECORDS - AREA OF DEDICATION SHOWN. TBM-A: CAPPED REBAR SET IN GRASS, ELEVATION= 33.00'
E TBM-B: CAPPED REBAR SET IN GRASS, ELEVATION= 32.44'
28 MEMORANDUM OF LEASE BETWEEN TUNG CHING LIN AND SU LAN LIN AND MID-ATLANTIC RESTAURANT
SYSTEMS, L.P. AS RECORDED IN DEED BOOK 116, PAGE 333, KENT COUNTY RECORDS - NOT SURVEY RELATED PRIOR TO CONSTRUCTION IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THAT THE BENCHMARKS
P.O.B. ILLUSTRATED ON THIS SKETCH HAVE NOT BEEN DISTURBED AND THEIR ELEVATIONS HAVE BEEN CONFIRMED.
ANY CONFLICTS MUST BE REPORTED PRIOR TO CONSTRUCTION
THIS SURVEY B
29 SUBJECT TO COVENANTS, EXCEPTIONS AND ALL OTHER MATTERS CONTAINED IN DEED TO RESTAURANT
A
REALTY COMPANY, DATED 03/28/1984 AND RECORDED 04/18/1984 IN DEED RECORD G, VOLUME 39, PAGE 1,
KENT COUNTY RECORDS - 20' WIDE SEWER EASEMENT SHOWN. 9. THE OFFSETS SHOWN ARE NOT TO BE USED FOR THE CONSTRUCTION OF ANY STRUCTURE, FENCE,
PERMANENT ADDITION, ETC.
N38°14'59"W(D) 175.00' 10 THERE ARE A TOTAL OF 46 DESIGNATED PARKING SPACES, INCLUDING 1 HANDICAP SPACES.
P.O.B. N47°12'49"W(SP)
D.B. A55, PG 46 11. BUILDING DIMENSIONS SHOWN HEREON ARE MEASURED AT GROUND LEVEL OF BUILDING EXTERIOR.
TABLE OF SIGNIFICANT OBSERVATIONS
12. ZONING INFORMATION IS SHOWN PER REFERENCE #5 AS SUPPLIED BY THE CLIENT. CONTROL POINT
TBM-B
ELEV=32.44' ASSOCIATES, INC DOES NOT ACCEPT LIABILITY FOR ANY ERRORS OR OMISSIONS THAT MAY EXIST IN THIS
A CONC. WALK EXTENDING ONTO SURVEYED
REPORT.
PROPERTY FROM RIGHT OF WAY OF NORTH
DUPONT HIGHWAY.
13. THERE IS NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING
27 ADDITIONS OBSERVED IN THE PROCESS OF CONDUCTING THE FIELD WORK.
B CONC. CURB EXTENDING ONTO SURVEYED
PROPERTY FROM RIGHT OF WAY OF NORTH
14. THERE WAS NO OBSERVED EVIDENCE OF SITE USE AS A SOLID WASTE DUMP, SUMP OR SANITARY LANDFILL
NORTH DUPONT HIGHWAY
DUPONT HIGHWAY.
AT THE TIME OF SURVEY.
C EDGE OF PAVEMENT EXTENDING FROM
15. THERE IS NO EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS OBSERVED IN THE
(A.K.A. U.S.ROUTE 13) SURVEYED PROPERTY ONTO PROPERTY
PROCESS OF CONDUCTING THE FIELD WORK.
(VARIABLE WIDTH R.O.W.) ADJACENT TO THE NORTHEAST.
(ASPHALT ROADWAY)
DRAINAGE STRUCTURES SERVICING SURVEYED
(TWO WAY TRAFFIC) D
PROPERTY LOCATED ON AND FLOW THROUGH REFERENCES:
THE COPYING OR REUSE OF THIS DOCUMENT, OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR
STRUCTURES LOCATED ON ADJACENT
PROPERTY TO NORTH EAST. NO EASEMENT 1. THE OFFICIAL TAX ASSESSOR'S MAP OF KENT COUNTY, STATE OF DELAWARE, MAP #57.
DOCUMENTATION PROVIDED IN TITLE
LEGEND COMMITMENT. 2. MAP ENTITLED "NATIONAL FLOOD INSURANCE PROGRAM, FIRM, FLOOD INSURANCE RATE MAP, KENT COUNTY,
EXHIBIT "A":
DELAWARE, AND INCORPORATED AREAS, PANEL 166 OF 435", MAP NUMBER 10001C0166H, EFFECTIVE DATE:
E LIGHT POLES (x3) ON AND ACROSS MAY 5, 2003.
EXISTING CONTOUR LEGAL DESCRIPTION FOR THE LEASEHOLD INTEREST TO BE PROVIDED.
SANITARY/SEWER MANHOLE BUILDING SOUTHEASTERLY PROPERTY LINE
EXISTING SPOT ELEVATION BEING THE SAME LANDS AND PREMISES THAT RESTAURANT REALTY COMPANY, AN OHIO GENERAL PARTNERSHIP, 3. MAP ENTITLED "STRIPING PLANS FOR: PAVEMENT & REHABILITATION SOUTH I-II, 2010" DATED 6/3/2011 SHEET
CATCH BASINS CHAIN LINK FENCE NOTE: THESE ARE THE SIGNIFICANT OBSERVATIONS 10 OF 29, AS PROVIDED BY THE STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION.
BY DEED DATED 07/25/1994 AND RECORDED ON 07/27/1994 OFFICE OF THE RECORDER OF DEEDS IN AND FOR KENT
EXIST. TOP OF CURB ELEVATION NOTED DURING THE PROCESS OF CONDUCTING THE
COUNTY, STATE OF KENT IN DEED RECORD A, VOLUME 55, PAGE 46, DID GRANT AND CONVEY UNTO TUNG CHING
CLEAN OUT DASHED WHITE LINE FIELD WORK. THERE MAY BE OTHERS NOT 4. MAPS ENTITLED "1151NORTH DUPONTHWY-DOVER-DE" SUE NUMBER 08-230802-00 DATED 11/10/2023
LIN AND SU LAN LIN, HUSBAND AND WIFE, IN FEE.
EXIST. BOTTOM OF CURB ELEVATION RECOGNIZED BY THE SURVEYOR. PREPARED BY CONTROL POINT ASSOCIATES, INC. AND "ALTA/NSPS LAND TITLE SURVEY RAISING
CONTROL POINT ASSOCIATES, INC.- ALL RIGHTS RESERVED.
GUY WIRE EDGE OF CONC.
SUBSEQUENTLY, SU LAN LIN DEPARTED THIS LIFE ON 11/18/2003, LEAVING HER HUSBAND, TUNG CHING LIN, AS CANE'S-DOVER PARCEL 2-05-05700-01-3001-000 1151 NORTH DUPONT HIGHWAY CITY OF DOVER, COUNTY OF
EXIST. TOP OF WALL ELEVATION KENT STATE OF DELAWARE" DATED 11-09-2023 PREPARED BY CONTROL POINT ASSOCIATES, INC.
EDGE OF PAVEMENT SURVIVING TENANT BY THE ENTIRETY.
UTILITY POLE
EXIST. BOTTOM OF WALL ELEVATION 5. REPORT ENTITLED "PRE-DEVELOPMENT REPORT" DATED 11-10-2023, CDS Job #: 23-0847, PREPARED BY CDS -
UTILITY POLE/LIGHT POLE/SOLAR PANEL HEIGHT
CONSOLIDATED DEVELOPMENT SERVICES.
EXIST. FINISHED FLOOR ELEVATION
PAINTED BIKE LANE LANDSCAPED AREA
OVERHEAD WIRES
PAINTED HANDICAPPED MASONRY BLOCK WALL THIS SURVEY IS CERTIFIED TO:
DEPRESSED CURB RAISING CANE'S RESTAURANTS, L.L.C., A LOUISIANA LIMITED LIABILITY COMPANY 1 CLIENT COMMENTS -- K.W. B.A.R. 01-03-2024
PAINTED ARROWS METAL COVER STEWART TITLE GUARANTY COMPANY
No. DESCRIPTION OF REVISION FIELD CREW DRAWN: APPROVED: DATE
WATER VALVE
DETECTABLE WARNING PAD TYPICAL
THE PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF CONTROL POINT ASSOCIATES, INC., IS PROHIBITED.
FIELD DATE
I, JAMES D. SENS, REGISTERED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF DELAWARE, ALTA/NSPS LAND TITLE SURVEY
CABLE BOX
METAL COVERS UNKNOWN TERMINUS HEREBY STATE THAT THE INFORMATION SHOWN ON THIS PLAN HAS BEEN PREPARED UNDER MY 10-24-2023
ELECTRIC BOX
SIGN # TITLE REPORT EXCEPTION
SUPERVISION AND MEETS THE STANDARDS OF PRACTICE AS ESTABLISHED BY THE STATE OF
DELAWARE BOARD OF PROFESSIONAL LAND SURVEYORS. ANY CHANGES TO THE PROPERTY
CONDITIONS, IMPROVEMENTS, BOUNDARY OR PROPERTY CORNERS AFTER THE DATE SHOWN
FIELD BOOK NO. RAISING CANE'S-DOVER
ELECTRIC METER
GATE POST (SP) STATE PLANE A
LL
8 1 1 .C
O M HEREON SHALL NECESSITATE A NEW REVIEW AND CERTIFICATION FOR ANY OFFICIAL OR LEGAL USE. 11-06 PARCEL 2-05-05700-01-3001-000
C
GAS METER THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT WAS BASED WERE MADE 1151 NORTH DUPONT HIGHWAY
FLAG POLE (D) DEED DIMENSION 1- IN ACCORDANCE WITH THE "2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND FIELD BOOK PG.
CITY OF DOVER, COUNTY OF KENT
TELEPHONE BOX 80
0- TITLE SURVEYS", JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 2,
AREA LIGHT 28 3, 4, 5, 6(a), 7(a), 7(b)1, 7(c), 8, 9, 11(a) & 13 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED
69 STATE OF DELAWARE
2-
UNKNOWN BOX ST 85 !
ON 10-24-2023.
C ONTROL P OINT
55 IG
DECIDUOUS TREE & TRUNK SIZE OP D GRAPHIC SCALE FIELD CREW WARREN, NJ 908.668.0099
Digitally signed by James Sens
CHALFONT, PA 215.712.9800
GAS VALVE -
C U MT. LAUREL, NJ 609.857.2099
SHRUBS
AL
L B E F OR E Y
O
30 0 15 30 60 120 NOT A VALID DOCUMENT UNLESS SEALED IN RED INK A.B. A SSOCIATES, I NC. MANHATTAN, NY 646.780.0411
Date: 2024.01.03 10:54:36
LONG ISLAND, NY 631.580.2645
IRRIGATION VALVE 21133 STERLING AVE, SUITE 7 SOUTHBOROUGH, MA 508.948.3000
ALBANY, NY 518.217.5010
PARKING SPACE COUNT DRAWN: GEORGETOWN, DE 19947
-05'00'
10 THE STATE OF DELAWARE REQUIRES NOTIFICATION BY EXCAVATORS, ROCHESTER, NY 585.250.1764
DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH'S PHILADELPHIA, PA 215.712.9800
UNKNOWN MANHOLE 302.295.1010
BUILDING FOOTPRINT AREA
SURFACE ANYWHERE IN THE STATE. 01-03-2024 K.S. WWW.CPASURVEY.COM
HUDSON VALLEY, NY 845.691.7339
FT. LAUDERDALE, FL 954.763.7611
( IN FEET )
1 inch = 30 ft. JAMES D. SENS
DELAWARE PROFESSIONAL LAND SURVEYOR #0000785
DATE
REVIEWED:
K.W.
APPROVED: DATE SCALE
B.A.R./J.D.S. 11-22-2023 1" = 30'
FILE NO.
11-230150-00
DWG. NO.
1 OF 1
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