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September 10, 2020

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September 10, 2020 BOARD OF ADJUSTMENT AGENDA Thursday, September 10, 2020 In accordance with the State of Emergency Declaration issued by Governor John Carney that became effective on March 13, 2020, all public meetings of the City of Milford shall be conducted electronically through Zoom until further notice to prevent unnecessary public gatherings. This meeting is available for viewing by the public by accessing the following link: https://zoom.us/j/92025959051?pwd=bXhnUGxOUkNwZ0NSa0lKdjg3bDk2UT09 Passcode: 752319 Members of the public may also call in by dialing: 1 312 626 6799 Webinar ID: 920 2595 9051 Passcode: 752319 Public Comments are encouraged on the items as noted on the agenda and must be submitted via email to [email protected] no later than the start of the meeting. Attendees may also alert the City Clerk that they wish to speak at the appropriate time by submitting their name, address, and agenda item on which they would like to comment via the Zoom Q&A function or using the Raise Your Hand function during the meeting. 10:00 A.M. PUBLIC HEARINGS ℗ 1st State Self Storage OZ, LLC on behalf of Savannah Ventures LLC for a variance in a C3 zoning district. Property is addressed as 11 South DuPont Blvd, Milford, Delaware. Tax Map Parcel(s): MD-16-183.09-01-58.00. Applicant is seeking relief from Part II-General Legislation, Chapter 230-45.2(D) which states “No buildings, structures, impervious surface, fill, obstructions to drainage, or land disturbance shall be situated nearer than 25 feet to a delineated wetlands area. The placement of fill, regrading, or other obstructions to surface sheet flow, or the clearing or removal of natural vegetation within this setback area, shall be prohibited. Notwithstanding all of the foregoing, limited cuts into the surface area of this twenty-five-foot setback area in conjunction with the placement of outfall stabilization facilities therein (such as stone rip-rap, turf stabilization, or other geosynthetic materials) may be permitted for the purpose of stabilizing and/or installing stormwater management outfalls, thus providing for a non-erosive flow condition at the outfall, provided that such encroachments into the twenty-five-foot setback area shall be limited to a maximum distance into the wetland buffer of 15 feet measured from the twenty-five-foot wetland buffer line, and shall be limited to a maximum width of 20 feet.” The applicant is seeking a variance to allow regrading, placement of fill, and the installation of a stormwater outfall structure within the wetland buffer thereby waiving the wetland buffer requirement in its entirety for a 0.36 acre area. McPherson Funeral Services on behalf of Alexis Properties, LLC for a variance in a R2 zoning district. Property is addressed as 309 North Street, Milford, Delaware. Tax Map Parcel(s): MD-16-183.10-03-02. Applicant is seeking relief from Part II-General Legislation, Chapter 230-10 which does not provide for a funeral home as a permitted or conditional use. The applicant is seeking a use variance to allow a funeral home. McPherson Funeral Services on behalf of Alexis Properties, LLC for a variance in a R2 zoning district. Property is addressed as 309 North Street, Milford, Delaware. Tax Map Parcel(s): MD-16-183.10-03-02. BOARD OF ADJUSTMENT September 10, 2020 Page 1 of 2 Applicant is seeking relief from Part II-General Legislation, Chapter 230-10 (G)(1)(b) which states “Maximum lot coverage shall be 30%.” The applicant is seeking a variance to allow a maximum lot coverage of 35%. McPherson Funeral Services on behalf of Alexis Properties, LLC for a variance in a R2 zoning district. Property is addressed as 309 North Street, Milford, Delaware. Tax Map Parcel(s): MD-16-183.10-03-02. Applicant is seeking relief from Part II-General Legislation, Chapter 230-10(G)(1)(e) which states “Minimum front building setback line shall be 30 feet.” The applicant is seeking a variance to allow a 27-foot encroachment into the front yard setback. REGULAR MEETING Call to Order-Chairman Warfel Findings of Fact August 13, 2020 Hearing: DR Horton Inc/3-30-11.00-955.00 DR Horton Inc/3-30-11.00-957.00 James Melton/MD-16-174.01-03.31.00 New Business Adjourn ℗ Public Comment, up to three minutes per person, will be accepted. SUPPORTING DOCUMENTS MUST BE SUBMITTED TO THE CITY CLERK IN ELECTRONIC FORMAT NO LATER THAN ONE WEEK PRIOR TO MEETING; NO PAPER DOCUMENTS WILL BE ACCEPTED OR DISTRIBUTED AFTER PACKET HAS BEEN POSTED ON THE CITY OF MILFORD WEBSITE. 080420 BOARD OF ADJUSTMENT September 10, 2020 Page 2 of 2 CITY OF MILFORD BOARD OF ADJUSTMENT Application Number: 20-029 Applicant/Owner: D.R. Horton Homebuilders Tax Map and Parcel: 330-11.00-955.00 (Kent/Sussex) Date of Hearing: August 13, 2020 Board Members Present: Brendon Warfel, Nadia Zychal Board Member Absent: David Wilkinson FINDINGS OF FACT 1. The Applicant is seeking a variance from the maximum lot coverage requirement in an R-2 District for the construction of a new single family detached dwelling. Chapter 230- 10(G)(1) of the Milford City Code states the maximum lot coverage in an R-2 District shall be 30% of the lot. Applicant seeks a variance of 5.0% to permit lot coverage of 35.0%. 2. The Application was properly advertised in the Milford Beacon, a newspaper of general circulation. All property owners within 200 feet were notified by first class mail. 3. The Application and the nature of the variance sought was explained by Mark Whitfield, City Manager. His summary and the staff report were made part of the record. 4. Applicant was represented by Brian McManus, Director of Construction of D.R. Horton Homebuilders in Delaware. After being sworn, Mr. McManus testified as follows: a) The parcel is located in Phase 2 of the West Shores at Milford subdivision; b) Phase 1 is virtually complete and Applicant is performing construction in Phase 2; c) Most of the homes built in Phase 1 are ranch style homes which have a larger footprint than two story homes; d) The lots in Phase 2 are all 8,000 square foot which are smaller than the ` lots in Phase 1; e) The consumer demand for the single-story ranch home with the larger footprint cannot be met unless a variance is granted for lot coverage on the smaller Phase 2 lots. f) If Applicant were to construct the larger footprint houses on all the lots in Phase 2, the subdivision as a whole would still be under 30% lot coverage due to the open space provided in the entire subdivision. g) If the variance were not granted Applicant would have to build smaller houses or eliminate driveways or walkways which is inconsistent with what is in neighborhood, and that would adversely impact property values of the existing owners. h) Applicant did not lay out the subdivision but purchased it from another developer. To amend the site plan would create exceptional practical difficulty and cause hardship to Applicant. 5. No persons appeared to speak for or in opposition to the Application. 6. The variance requested is the minimum variance required to afford the relief sought by the Applicant. 7. The public record was closed after which Ms. Zychal moved to approve an application for a variance to exceed the maximum lot coverage by 5.0% from a permitted coverage of 30% for a total lot coverage of 35.0% on Sussex County tax parcel 3-30-11.00- 955.00 for a 5.0% variance from Chapter 230-10(G)(1)(b) of the Milford City Code. 8. Mr. Warfel seconded the Motion. 9. Ms. Zychal voted “Yes” to grant the Motion for the following reasons: a) R-2 allows for medium density; b) Failure to grant the variance will be contrary to the character of the neighborhood and will adversely impact the neighbors aesthetically and will adversely impact home values due to inconsistencies in construction within West Shores of Milford; c) Applicant has demonstrated hardship and exceptional practical difficulty if the subdivision plan had to be amended. 10. Mr. Warfel voted “Yes” to grant the Motion for the Variance and adopted the reasons stated by Ms. Zychal. 11. The Motion to Grant the variance was approved by a vote of 2-0. 12. The variance requested is the minimum variance required to afford the relief sought by the Applicant. 2 13. In granting the variance the Board found the testimony and exhibits submitted to be credible and adopted them as part of the findings of fact. Further, the Board found the testimony and exhibits and the record as a whole met the standards for considering a variance under the Milford City Code. City of Milford Board of Adjustment . Date BRENDON WARFEL, Chairman 3 CITY OF MILFORD BOARD OF ADJUSTMENT Application Number: 20-030 Applicant/Owner: D.R. Horton Homebuilders Tax Map and Parcel: 330-11.00-957.00 (Kent/Sussex) Date of Hearing: August 13, 2020 Board Members Present: Brendon Warfel, Nadia Zychal Board Member Absent: David Wilkinson FINDINGS OF FACT 1. The Applicant is seeking a variance from the maximum lot coverage requirement in an R-2 District for the construction of a new single family detached dwelling. Chapter 230- 10(G)(1) of the Milford City Code states the maximum lot coverage in an R-2 District shall be 30% of the lot. Applicant seeks a variance of 3.7% to permit lot coverage of 33.7%. 2. The Application was properly advertised in the Milford Beacon, a newspaper of general circulation.
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