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.
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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.
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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. 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 3.7% from a permitted coverage of 30% for a total lot coverage of 33.7% on Sussex County tax parcel 3-30-11.00- 957.00 for a 3.7% 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. 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
2 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: 20-031
Applicant Fred Fowler 331 S. Rehoboth Blvd. Milford, DE 19963
Owner: James Melton 113 Star Light Lane Milford, DE 19963
Tax Map and Parcel: MD-16-174.01-03-31.00 (Kent/Sussex) Date of Hearing: August 13, 2020 Board Members Present: Brendon Warfel, Nadia Zychal Board Member Absent: David Wilknson
FINDINGS OF FACT 1. The Applicant is seeking a variance from the maximum lot coverage requirement in an R-1 District for the construction of an expanded deck and a covered porch. Chapter 230- 9(D)(2) of the Milford City Code states the maximum lot coverage in an R-1 District shall be 30% of the lot. Applicant seeks a variance of 11% to permit lot coverage of 41%. 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 analysis was made part of the record. Mr. Whitfield noted the coverage is already nonconforming since the building and driveway cover 37.6% of the lot so the increased coverage is actually 3.4% 4. After being sworn, Mr. Fowler testified as follows: a) There is an existing deck that is open and uncovered; b) He is a contractor retained by the owner to do work on the deck; c) The deck needs to be repaired and while doing so the owner wishes to expand it, cover it and make it an enclosed porch; d) He heard and adopts Mr. Whitfield’s comments. e) Even with the increased size of the deck it will still be entirely within the lot line requirements of the Milford City Code. 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 made the following motion: Move to approve an application for a variance to exceed the maximum lot coverage by 11% from a permitted coverage of 30% for a total lot coverage of 41% on Kent County tax parcel MD-16- 174.01-03-31.00 for an 11% variance from Chapter 230.9(D)(2) 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) The lot coverage is already nonconforming. b) Even though the addition exceeds the permitted lot coverage, it will not adversely impact adjoining properties because it will still be in the lot setback lines. c) Applicant has demonstrated hardship and exceptional practical difficulty if the application is denied because the owner would lose the enjoyment of his existing deck. 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. 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
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PUBLIC WORKS FACILITY PLANNING DEPARTMENT 180 Vickers Drive Planning, Economic Development, Milford, DE 19963 Enforcement, and Inspections Office www.cityofmilford.com O 302.424.8396 | F 302.424.3559
DATA SHEET FOR 1ST STATE SELF STORAGE
Board of Adjustment: September 10, 2020
Application Number / Name : 20-032 / 1st State Self Storage
Applicant : 1ST State Self Storage OZ, LLC 606 Baltimore Avenue, Suite 202 Baltimore, MD 21204 Bruce O’Heir
Owner : Savannah Ventures, LLC 1 S. Cleveland Avenue Wilmington, DE 19805
Application Type : Variance
Present Comprehensive Plan Map Designation : Commercial
Present Zoning District : C-3 (Highway Commercial District)
Present Use : Vacant
Proposed Use : Self Storage
Size and Location : 9.0 +/- acres of land located along the east side of S. Dupont Boulevard approximately 350 feet south of the Route 14 intersection.
Tax Map & Parcel : MD-16-183.09-01-58.00
ENC: Staff Analysis Report Exhibit A – Location & Zoning Map Exhibit B – Preliminary Site Plan
RIVER TOWN • ART TOWN • HOME TOWN PUBLIC WORKS FACILITY PLANNING DEPARTMENT 180 Vickers Drive Planning, Economic Development, Milford, DE 19963 Enforcement, and Inspections Office www.cityofmilford.com O 302.424.8396 | F 302.424.3559
STAFF REPORT August 25, 2020
Application Number / Name : 20-032 / 1st State Self Storage
Tax Map & Parcel : MD-16-183.09-01-58.00
Size and Location : 9.0 +/- acres of land located along the east side of S. Dupont Boulevard approximately 350 feet south of the Route 14 intersection.
I. NATURE OF REQUEST:
The applicant is seeking approval from the Planning Commission and City Council for a conditional use site plan for a proposed self-storage facility located along the east side of S. Dupont Boulevard on the above referenced parcel. The site would consist of a 1,200 square foot office building and five self-storage buildings ranging in size from 10,800 square feet to 19,200 square feet.
The applicant is seeking a variance from 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 section goes on to say “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 waiver from the wetland buffer requirement in its entirety for the area shown on the preliminary site plan drawing labeled “wetland buffer variance limits.” Encroachment activities would include regrading, placement of fill and the installation of a stormwater outfall structure.
II. STAFF ANALYSIS:
The staff has reviewed the information presented by the applicants and provides the following evaluation. The Board should strongly consider all public testimony in making their decision.
1. The nature of the zone where the property lies.
Applicant Response: 1st State Storage OZ, LLC proposes to construct an approximately 75,300 square foot self-storage site (including a manager’s office/residence) on US Route 113, north of Silver Lake. The tax parcel, MD-16-183.09-01-58.00-000, is zoned C-3 Highway Commercial. The surrounding area is a mixture of C-3, I-1, R-2, R-1, OB-1, H-1 zones, reflecting a variety of characteristics. Per the zoning code, the proposed use of self-storage is permitted via conditional use approval, which is being sought in conjunction with this application and the preliminary site plan application.
Staff Response: The purpose of the C-3 District is to provide for larger scale commercial uses that may require large amounts of parking space or have a high traffic impact. These uses generally require locations on major arterial routes and serve both local and regional customers.
2. The character and use of the immediate vicinity.
Applicant Response: As mentioned above, the immediate vicinity is a healthy mix of zoning types. The immediate vicinity is comprised primarily of business establishments ranging from restaurants to retail sales. The site itself is bounded by the Contrail Railroad Property and the Mispillion River connection between Haven and Silver Lakes, in addition to US 113NB.
Staff Response: The immediate vicinity is characterized as highway commercial. The property is bound to the north by an existing railroad easement and an existing retail pharmacy. The property is bound to the south by the Mispillion River. The property is bound to the east by a residential property containing two residential dwellings and separated by an existing wooded buffer. The property is bound on the west by US 113.
3. Whether removal of the restriction on the applicant’s property would seriously affect the neighboring properties.
Applicant Response: The site is bounded on the North by the Conrail Railroad property. The site is bounded on the East by a parcel zoned R-2 Residential, which includes two residences. The site is bounded on the South by undeveloped State property (with no zoning information provided by the City of Milford). The variance seeks to allow disturbance within the wetland buffer area of 25’ to provide outfall for stormwater facilities, which will be discharging into the Mispillion River connection between Haven and Silver Lakes. It will also provide slope stabilization for highly erodible soils. As this is necessary for stabilization purposes along the riverbank, removal of the current restriction does not affect the three properties described.
Staff Response: Removal of the restriction should not seriously affect the neighboring properties as the proposed variance involves the installation of a stormwater outfall and general regrading activities along steep slopes approaching the Mispillion River.
4. Whether failure to remove the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in relation to the owner’s efforts to make normal improvements to the property. Economic hardship, standing alone, may justify granting an area variance and the inability to improve one’s business or to stay competitive as a result of area limitations may qualify as a legitimate exceptional practical difficulty.
Applicant Response: Development of this site will require approval from the Kent Conservation District per the Delaware Sediment and Stormwater Regulations and the City of Milford requirements. This will require the treatment and safe conveyance of various storm events. The physical conditions of the site will require stable discharge into the Mispillion River connection between Haven and Silver Lakes. The 25-foot wetland buffer is entirely comprised of steep slopes that will not allow for safe and non-erosive discharge from any planned sotrmwater management facility. The code does allow for an intrusion of 15 feet into the wetland buffer, at a maximum width of 20 feet. The allowance will still place any outfall structure on a steep slope. There are no practical alternatives to meet the current Delaware Sediment and Stormwater Regulations, thus rending the site undevelopable, creating an economic disadvantage for the property owner.
Staff Response: Failure to remove the restriction would not allow the developer to construct the stormwater outfall structure capable of discharging stormwater runoff into the Mispillion River in a non-erosive manner. The site will require review and approval by the Kent Conservation District for compliance with DNREC stormwater management regulations. The slopes leading to the Mispillion River are steep and terminate in the area of the wetland vegetation. The proposed regrading activities would reduce the potential for future erosion of soil and sedimentation of the wetland area.
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B o u l e v a r d Subject Parcel
Scale: Title: Feet 0 150 300 Preliminary Conditional Use Site Plan 1st State Self Storage Drawn by: WRP Date: 07/24/20 Location & Zoning Map Filepath: PreliminarySitePlan_1stStateSelfStorage.mxd MORRIS & RITCHIE ASSOCIATES, INC. CITY OF MILFORD ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS
8 WEST MARKET STREET GEORGETOWN, DE. 19947 PRELIMINARY SITE PLAN 302-855-5734 SITE DATA
LOCATION MAP OWNER SAVANNAH VENTURES, L.L.C. 1 SOUTH CLEVELAND AVENUE WILMINGTON, DE. 19805 C/O: MICHAEL L. DISABATINO, MANAGING MEMBER P: (302) 652-3838 EXT: 113
DEVELOPER 1ST STATE SELF STORAGE OZ, LLC. 606 BALTIMORE AVENUE, SUITE 202 TOWSON, MD 21204 C/O: BRUCE O'HEIR P: (410) 494-8989
FLOODPLAIN MAP KENT COUNTY, DE PRELIMINARY PLAN CITY OF MILFORD, DELAWARE 1ST STATE SELF STORAGE MILFORD HUNDRED
SITE OVERVIEW
INDEX OF DRAWINGS
© CONTENTS COPYRIGHT 2020 MORRIS & RITCHIE ASSOCIATES, INC. FORE Y BE OU L D L I A G C
SHEET TITLE
TITLE
SHEET NUMBER PP-1 ZONING MAP GENERAL SITE PLAN NOTES
MORRIS & RITCHIE ASSOCIATES, INC.
ENGINEERS, PLANNERS, SURVEYORS, AND LANDSCAPE ARCHITECTS
8 WEST MARKET STREET GEORGETOWN, DE. 19947 302-855-5734
OWNER SAVANNAH VENTURES, L.L.C. 1 SOUTH CLEVELAND AVENUE WILMINGTON, DE. 19805 C/O: MICHAEL L. DISABATINO, MANAGING MEMBER P: (302) 652-3838 EXT: 113
DEVELOPER 1ST STATE SELF STORAGE OZ, LLC. 606 BALTIMORE AVENUE, SUITE 202 TOWSON, MD 21204 C/O: BRUCE O'HEIR P: (410) 494-8989 KENT COUNTY, DE PRELIMINARY PLAN CITY OF MILFORD, DELAWARE 1ST STATE SELF STORAGE MILFORD HUNDRED
© CONTENTS COPYRIGHT 2020 MORRIS & RITCHIE ASSOCIATES, INC.
SHEET TITLE
PRELIMINARY NOTES
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23 24 25 MORRIS & RITCHIE SHEET TITLE SHEET NUMBER ASSOCIATES, INC. 1ST STATE SELF STORAGE OZ, LLC 1 SOUTH CLEVELAND AVENUE P: (410) 494-8989 P: (302) 652-3838 EXT: 113 MANAGING MEMBER ENGINEERS, PLANNERS, C/O: BRUCE O'HEIR C/O: MICHAEL L. DISABATINO, SAVANNAH VENTURES, L.L.C. 606 BALTIMORE AVENUE, SUITE 202 DEVELOPER OWNER TOWSON, MD 21204 GEORGETOWN, DE. 19947 WILMINGTON, DE. 19805 302-855-5734 8 WEST MARKET STREET SURVEYORS, AND LANDSCAPE ARCHITECTS MORRIS & RITCHIE ASSOCIATES, INC. PP-3 PRELIMINARY © CONTENTS COPYRIGHT 2020
PLAN 1ST STATE SELF STORAGE PRELIMINARY PLAN CITY OF MILFORD, DELAWARE . MILFORD HUNDRED KENT COUNTY, DE State Exceptional Practical Difficulty
1st State Storage – Milford Facility 11 South DuPont Blvd. Milford, Delaware Kent County
MRA #20841
A. The nature of the zone where the property lies.
1st State Storage OZ, LLC proposes to construct an approximately 75,300 square foot self- storage site (including a manager’s office/residence) on US 113 NB, north of Silver Lake. The tax parcel, MD-16-183.09-01-58.00-000, is zoned C-3 Highway Commercial. The surrounding area is a mixture of the C-3, I-1, R-2, R-1, OB-1, H-1 zones, reflecting a variety of characteristics. Per the zoning code, the proposed use of self-storage is permitted via conditional use approval, which is being sought in conjunction with this application and the preliminary site plan application.
B. The character and uses of the immediate vicinity.
As mentioned above, the immediate vicinity is a healthy mix of zoning types. The immediate vicinity is comprised primarily of business establishments ranging from restaurants to retail sales. The site itself is bounded by the Conrail Railroad Property and the Mispillion River connection between Haven and Silver Lakes, in addition to US 113NB.
C. Whether removal of the restriction on the applicant’s property would seriously affect the neighboring properties.
The site is bounded on the North by the Conrail Railroad property. The site is bounded on the East by a parcel zoned R-2 Residential, which includes two residences. The site is bounded on the South by undeveloped State property (with no zoning information provided by the City of Milford). The variance seeks to allow disturbance within the wetland buffer area of 25’ to provide outfall for stormwater facilities, which will be discharging into to Mispillion River connection between Haven and Silver Lakes. It will also provide slope stabilization for highly erodible soils. As this is necessary for stabilization purposes along the riverbank, removal of the current restriction does not affect the three properties described.
D. Whether failure to remove the restriction would create unnecessary hardship or exceptional practical difficult in relation to the owner’s efforts to make normal improvements to the property. Economic hardship, standing alone, may justify granting an area variance and the inability to improve one’s business or to stay competitive as a result of area limitations may qualify as a legitimate exceptional practical difficulty.
Development of this site will require approval from the Kent Conservation District per the Delaware Sediment and Stormwater Regulations and the City of Milford requirements. This will require the treatment and safe conveyance of various storm events. The physical conditions of the site will require stable discharge into the Mispillion River connection between Haven and Silver Lakes. The 25-foot wetland buffer is entirely comprised of steep slopes that will not allow for safe and non-erosive discharge from any planned stormwater management facility. The code does allow for an intrusion of 15 feet into the wetland buffer, at a maximum width of 20 feet. The allowance will still place any outfall structure on a steep slope. There are no practical alternatives to meet the current Delaware Sediment and Stormwater Regulations, thus rendering the site undevelopable, creating an economic disadvantage for the property owner.
S:\MRA\Projects\20841 1st State Self Storage - Milford\CORRESPONDENCE\LETTERS\NARRATIVE 2006XX 1st State Storage Variance.doc § 230‐45.2 ‐ Wetland areas.
A. A wetlands investigation shall be performed by a qualified wetlands specialist at the expense of the applicant in preparation for any activity on real property, which requires conditional use, site plan or subdivision plan approval by the Planning Commission and/or City Council as set forth in this chapter and Chapter 200 Subdivision of Land. B. The limits of all wetlands determined to be present on the subject property shall be flagged by the wetlands specialist and identified on the subject property by customary survey markers and shall be delineated on the plan. Wetlands areas shall be tabulated on the plan in acres. C. No portions of wetlands areas shall be subdivided, filled, developed, or cleared of vegetation unless granted permission to fill and/or eliminate the wetlands area under state and/or federal permit, including nationwide permits authorized by the United States Army Corps of Engineers; they shall remain as essentially undisturbed natural areas. D. 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.
[Ord. No. 2015-03, § 2, 6-22-2015] CITY OF MILFORD NOTICE OF PUBLIC HEARINGS
BOARD OF ADJUSTMENT PUBLIC HEARINGS: September 10, 2020
NOTICE IS HEREBY GIVEN the Board of Adjustment of the City of Milford will hold Public Hearings at 10:00 a.m. or as soon thereafter as possible to hear the following matters:
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.
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. 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.
By: Christine Crouch, MMC Deputy City Clerk
Advertised: Beacon 08/26/20 PUBLIC WORKS FACILITY PLANNING DEPARTMENT 180 Vickers Drive Planning, Economic Development, Milford, DE 19963 Enforcement, and Inspections Office www.cityofmilford.com O 302.424.8396 | F 302.424.3559
DATA SHEET FOR MCPHERSON FUNERAL SERVICES
Board of Adjustment: September 10, 2020
Application Number / Name : 20-033 / McPherson Funeral Services
Applicant : McPherson Funeral Services PO Box 326 Milford, DE 19963 Darnell McPherson
Owner : Alexis Properties, LLC 907 Cowmarsh Road Camden, DE 19934 Peter Nau
Application Type : Use and Area Variance
Present Comprehensive Plan Map Designation : Low Density Residential
Present Zoning District : R-2 (Residential District)
Present Use : Vacant
Proposed Use : Funeral Home
Size and Location : 0.124 +/- acres of land located along the east side of North Street approximately 35 feet south of the NW Fourth Street. Addressed as 309 North Street.
Tax Map & Parcel : MD-16-183.10-03-02.00
ENC: Staff Analysis Report Exhibit A – Location & Zoning Map Exhibit B – Property Sketch
RIVER TOWN • ART TOWN • HOME TOWN PUBLIC WORKS FACILITY PLANNING DEPARTMENT 180 Vickers Drive Planning, Economic Development, Milford, DE 19963 Enforcement, and Inspections Office www.cityofmilford.com O 302.424.8396 | F 302.424.3559
STAFF REPORT August 25, 2020
Application Number / Name : 20-033 / McPherson Funeral Services
Tax Map & Parcel : MD-16-183.10-03-02.00
Size and Location : 0.124 +/- acres of land located along the east side of North Street approximately 35 feet south of the NW Fourth Street. Addressed as 309 North Street.
I. NATURE OF REQUEST:
Background and Use Variance Request
The applicant is seeking a variance from the use regulations found in Chapter 230-10 to allow the construction of a 30’ x 48’ funeral home within the R-2 Residential zoning district. Per Chapter 230-10, a funeral home is not listed as a permitted or conditional use within the R-2 zoning category.
The subject parcel is the former location of the Young/McPherson Funeral Home, which has not been in operation since sustaining fire and water damage in 2008. The previous funeral home use included the subject parcel and an adjacent property to the north which is not currently owned by the applicant. The parcel to the north contained the northern entrance into the previously used parking area. The parcel to the north is not part of the application.
Per Chapter 230-39(B), “whenever a nonconforming use has been discontinued for a period of one year, such use shall not be reestablished, and any further use shall be in conformity with the provisions of this chapter, except when such discontinuance is on account of a cause beyond the control of the owner or tenant, the period of abandonment shall, for the purpose of this chapter, date from the termination of such cause.”
The funeral home was struck by lightning in 2008 which resulted in fire and water damage and led to the eventual condemnation of the principal structure by the City of Milford. The property owner engaged a contractor to perform repairs on the building with the intent of reopening the business; however, the contractor failed to complete the work and the owner entered into litigation with the contractor.
During the litigation period, the two properties that were owned by the funeral home were delinquent on property taxes and the parcels were sold at tax monition sale in 2018 to separate owners. The applicant was able to repurchase the main parcel containing the condemned funeral home structure after the tax monition sale, but was unable to secure the property to the north that housed the majority of the funeral home’s off-street parking and second entrance.
The building was condemned by the City of Milford on June 11, 2013, at which time the City ordered the closure of the structure to prevent the building from becoming a public nuisance. In June of 2020, the property owner demolished the condemned funeral home and the property currently only contains the detached accessory building.
Prior to the demolition of the condemned funeral home, the applicant surveyed the property to document the non-conforming conditions of the principal structure and detached garage. The applicant has provided a copy of the former conditions survey for the Board’s consideration in both the use variance application and area variance requests. In addition, the applicant has provided a drawing showing the proposed conditions of a new funeral home building and parking area for the Board to review as part of the use and area variance applications.
Lastly, the applicant has provided letters of support from established churches in the area who have offered their parking lots for overflow parking.
Variance #2
The applicant is seeking a variance from Chapter 230-10 (G)(1)(b) which states the “maximum lot coverage shall be 30%.” The applicant proposes a lot coverage of 35%, which would exceed the maximum lot coverage by 5%.
Variance #3
The applicant is seeking a variance from Chapter 230-10(G)(1)(e) which states the “minimum front building setback line shall be 30 feet.” The applicant proposes to construct the 30’ x 48’ funeral home 3 feet from the front property line, which would result in a 27 foot encroachment into the front yard setback.
II. STAFF ANALYSIS:
Use Variance #1
1. The property cannot yield a reasonable return when used only for the permitted use.
Applicant Response: No written response provided.
Staff Response: The subject parcel is located within the R-2 Residential zoning district which allows the construction of single-family detached dwellings, single-family semi-detached dwellings, churches, schools, day-care centers, professional home occupations, social clubs, cultural facilities, bed and breakfast operations and planned unit developments. The property previously contained a funeral home which was considered a legal non-conforming use and was governed by Chapter 230-39.
2. The need for the variance is due to unique circumstances and not general conditions in the neighborhood.
Applicant Response: No written response provided.
Staff Response: The need for the variance is due to several unique circumstances outlined in Section I of the Staff Report titled Nature of Request. The applicant has also provided the attached written narrative for the Board’s consideration when reviewing the variance application.
3. The use sought will not alter the essential character of the locality.
Applicant Response: No written response provided.
Staff Response: The funeral home use being sought by the applicant previously existed on the subject parcel prior to 2008. Although the proposed use meets the off-street parking requirements found in Chapter 230 for an undertaker use, staff has concerns that new residents in the neighborhood may not be aware of the previous funeral home use and may have objections regarding parking, noise and traffic congestion. The applicant has provided letters from local churches offering support for the reestablishment of the funeral home along with the use of their off-street parking lots that are within walking distance of the subject parcel.
4. All uses permitted on the land under the existing zoning are economically unfeasible.
Applicant Response: No written response provided.
Staff Response: The subject parcel is located within the R-2 Residential zoning district which allows the construction of single-family detached dwellings, single-family semi-detached dwellings, churches, schools, day-care centers, professional home occupations, social clubs, cultural facilities, bed and breakfast operations and planned unit developments. The property previously contained a funeral home which was considered a legal non-conforming use and was governed by Chapter 230-39.
Variance #2
1. The nature of the zone where the property lies.
Applicant Response: No written response provided.
Staff Response: As shown on the attached Exhibit A, the property is zoned R-2 (Residential District). The purpose of the R-2 zoning district is to permit housing at a greater density than in the R-1 District by providing for the orderly development of low- to medium- density residential housing into those areas where public services are available.
2. The character and use of the immediate vicinity.
Applicant Response: No written response provided.
Staff Response: The character and use of the immediate vicinity is a mixture of single-family detached dwellings on smaller non-conforming lots, single-family semi-detached dwellings, a cemetery and a church.
3. Whether failure to remove the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in relation to the owner’s efforts to make normal improvements to the property. Economic hardship, standing alone, may justify granting an area variance and the inability to improve one’s business or to stay competitive as a result of area limitations may qualify as a legitimate exceptional practical difficulty.
Applicant Response: No written response provided.
Staff Response: The removal of the restriction should not seriously affect neighboring properties since the proposed lot coverage conditions are very similar to the lot coverage conditions under the previous funeral home use. Enclosed is a copy of the proposed conditions and the previous conditions for comparison. The proposed conditions provides a smaller building footprint but a larger paved parking area to meet the City’s off-street parking requirements. Concerns regarding lot coverage could include overall aesthetics of the neighborhood and stormwater run-off.
4. Whether failure to remove the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in relation to the owner’s efforts to make normal improvements to the property. Economic hardship, standing alone, may justify granting an area variance and the inability to improve one’s business or to stay competitive as a result of area limitations may qualify as a legitimate exceptional practical difficulty.
Applicant Response: No written response provided.
Staff Response: Failure to remove the restriction would require the applicant reduce the building footprint and/or the off-street parking area. The proposed building footprint is smaller than the previous funeral home building which did not provide adequate paved off-street parking.
Variance #3
1. The nature of the zone where the property lies.
Applicant Response: No written response provided.
Staff Response: As shown on the attached Exhibit A, the property is zoned R-2 (Residential District). The purpose of the R-2 zoning district is to permit housing at a greater density than in the R-1 District by providing for the orderly development of low- to medium- density residential housing into those areas where public services are available.
2. The character and use of the immediate vicinity.
Applicant Response: No written response provided.
Staff Response: The character and use of the immediate vicinity is a mixture of single-family detached dwellings on smaller non-conforming lots, single-family semi-detached dwellings, a cemetery and a church.
3. Whether removal of the restriction on the applicant’s property would seriously affect the neighboring properties.
Applicant Response: No written response provided.
Staff Response: The removal of the restriction should not seriously affect neighboring properties since the previous building was constructed 1 foot from the front property line. The applicant is proposing to construct a one-story structure 3 feet from the front property. There are no other residential properties within 200 feet of the subject parcel on the same block. The neighboring property to the south contains an existing cemetery. The property to the north is a vacant parcel at the corner of North Street and NW Fourth Street.
4. Whether failure to remove the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in relation to the owner’s efforts to make normal improvements to the property. Economic hardship, standing alone, may justify granting an area variance and the inability to improve one’s business or to stay competitive as a result of area limitations may qualify as a legitimate exceptional practical difficulty.
Applicant Response: No written response provided.
Staff Response: Failure to remove the restriction would require the applicant construct the new structure 30 feet from the front property line, which would not be in character with the surrounding residential properties. The applicant is providing off-street parking to the rear of the proposed building which is better suited for pedestrian oriented areas.
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Scale: Title: Feet 0 100 200 Variance McPherson Funeral Services Drawn by: WRP Date: 08/25/20 Location & Zoning Map Filepath: Variance_McPherson.mxd
Updated Narrative II
During the litigation the building was lost in tax sale. The Young & McPherson Funeral Home and it’s corporate officers were in litigation with the continental casualty company and also Butler Home Improvement LLC. The applicant had no way of salvaging the property during these vexatious litigations and after multiple discussions with tax officials the building issue became cumbersome and the building and property went up for sale. The applicant needed Clarence Young Jr. or his representatives to execute documents so salvage the tax delinquencies, unfortunately Mr. Young was incapacitated and there was no appointed representatives. The applicant made several attempts through his attorney to have tax sale moved to abeyance but was not successful.
After the sale (months later) the applicant through Serendipity was able to contact the entity who purchased the property and through the grace of God was able to explain the unfortunate interruption to a pillar in the African American community and the city of Milford, fortunately the property was able to be purchased back by the applicant. Because of the dynamics of the Parcel the property was sold in two pieces. Applicant has the property back but is missing small portion (Drive way) the applicant is prepared to file a variance for the driveway and has signed agreements with community members in terms of parking. The applicant continues to rectify the other piece of property.
Applicant is prepared to build new facility in which plans , surveys, etc. are attached. The building was demolished my the applicants investor in better efforts to secure the safety of the town and create a better more efficient structure.
Wherefore, the applicant prays that this honorable city approves all necessary variances and allows the applicant to continue the legacy of the funeral home at this Location considering that this particular location has been a funeral home since the 60s. (Fact is that this property has been a known funeral home longer than the building location has been dilapidated.
Attached with this narrative are all documents needed and pertinent to the variances in which we requested.
Respectfully,
Darnell R. McPherson Funeral Director
Jesus Love Evangelist Association JESUS LOVE TEMPLE 106 South Walnut St. Milford, DE 19963 (302)422-2110
June 30, 2020
To whom it may concern:
Presiding over a religious organization for the last 19 years has given me the opportunity and pleasure to meet amazing people. Mr. Darnell McPherson, of McPherson Funeral Services, happens to be one of those special individuals that I’ve been pleased to work with professionally and ecumenically for over 10 years. I consider him a professional, kindhearted, and reliable friend. He and his business have played an integral part in my life and ministry.
Mr. Darnell McPherson and McPherson Funeral Services have already impacted the Greater Delaware Region in a positive way by helping families cope with grief and manage the most difficult times of their lives. I readily and happily recommend Mr. McPherson and his mortician services to the City of Milford. I truly believe that his impeccable character and outstanding reputation speak for themselves.
It is my honor to recommend Mr. Darnell McPherson and his Funeral Services. I’m confident that they will bring a high standard of professional services, positive impact and economic viability to the City of Milford. Feel free to contact me to discuss further.
Sincerely yours,
Pastor David A. Shockley, President Jesus Love Evangelist Association Jesus Love Temple (302)270-1625 Cell
§ 230‐10. ‐ R‐2 Residential District.
In an R-2 District no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses and complying with the requirements so indicated.
A. Purpose. The purpose of the R-2 District is to permit housing at a greater density than in the R-1 District by providing for the orderly development of low- to medium-density residential housing into those areas where public services are available. This district also allows for professional home occupations. Finally, it protects existing developments of this nature and excludes noncompatible ones. B. Permitted uses: all uses permitted in the R-1 District. C. Conditional uses: all uses specified as conditional uses in the R-1 District, and the following uses may be permitted with the approval of a conditional use permit by the Milford City Council in accordance with Article IX of this chapter: (1) Single-family semidetached dwelling. (a) Ownership. [1] Dwelling units and individual lots of a single-family semidetached dwelling may be owned separately if separate utility systems are provided and if separate lots for all dwelling units in a building are created at the same time in conformance with Chapter 200, Subdivision of Land, of this Code. [2] Provisions satisfactory to the City Council shall be made to assure that areas of common use of the occupants, but not in individual ownership, shall be maintained in an acceptable manner without expense to the general public. D. Design requirements. No apartment/dwelling units shall be located within a cellar. E. Site requirements. (1) The structure shall be so located as to provide proper access to the building for fire-fighting equipment, trash collection and deliveries. (2) Off-street parking shall be provided at the rate of 2 1/2 spaces for every dwelling unit on each lot. F. Facilities. (1) Outdoor light fixtures shall be provided at locations that will assure the safe and convenient use of walks, steps, parking areas, driveways, streets and other such facilities. (2) Facilities for temporary trash/refuse storage shall be provided in such a manner that is adequate for the dwelling units they must support. G. Area regulations. (1) For permitted uses and single-family semidetached dwellings not separately owned: (a) Minimum interior lot area shall be 8,000 square feet and minimum corner lot area shall be 13,000 square feet. (b) Maximum lot coverage shall be 30%. (c) Minimum lot width shall be 80 feet. (d) Height of buildings shall not exceed three stories or 35 feet. Accessory buildings shall not exceed 15 feet in height. (e) Minimum front building setback line shall be 30 feet. (f) Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot. (g) Side yards shall be provided as follows: each lot shall have two side yards a minimum width of eight feet on each side. (h) Parking shall comply with the requirements provided in Article IV of this chapter. (i) Signs shall comply with the requirements in Article VI of this chapter. (j) Decks, subject to the following requirements: [1] The deck cannot be located in the front yard. [2] A minimum distance of 10 feet must be maintained from the deck to the rear property line. (2) For single-family semidetached dwellings separately owned: (a) Minimum interior lot area shall be 4,000 square feet and minimum corner lot area shall be 6,500 square feet. (b) Maximum lot coverage shall be 30%. (c) Minimum lot width shall be 40 feet. (d) Height of buildings shall not exceed three stories or 35 feet. Accessory buildings shall not exceed 15 feet in height. (e) Minimum front building setback line shall be 30 feet. (f) Minimum rear yard setback shall be 15 feet. For lower lots the rear yard may be reduced 20% in depth to allow for the skewing of a residential dwelling on its lot. (g) Side yard shall be provided as follows: each lot shall have one side yard a minimum width of eight feet. (h) Parking shall comply with the requirements provided in Article IV of this chapter. (i) Signs shall comply with the requirements in Article VI of this chapter. § 230‐39. ‐ Nonconforming uses, structures and buildings.
A. A building, structure or use which is not in conformity with the provisions of this chapter at the effective date of its adoption may be continued in this present location, provided that no subsequent alteration or addition is made which would extend said building, structure or use for more than 20% of the cubicle content of the building or buildings or structure or structures existing and used for the nonconforming use or for more than 20% of the lot area existing and used for the nonconforming use. Any building or structure addition shall conform to the area and height regulations of the district where it is located. B. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not be reestablished, and any further use shall be in conformity with the provisions of this chapter, except that when such discontinuance is on account of any cause beyond the control of the owner or tenant, the period of abandonment shall, for the purpose of this chapter, date from the termination of such cause. C. Nothing in this chapter shall require any change in the plans, construction or designated use of any building or part thereof, the construction of which shall be lawfully in progress at the time of passage of this chapter or for which a permit shall have been issued pursuant to law, provided that construction shall be promptly and diligently pursued. D. In any case where a district boundary line crosses a building which existed at the time such boundary was established, a use permitted in the less restricted of the two districts may be extended as a nonconforming use during the life of said building into that part of the building situated within the more restricted district. E. When in the public interest and where loss or damage has occurred to property, to include land and/or buildings occupied by nonconforming uses, and where such loss or damage has occurred through the action of a governmental agency, the Board of Adjustment, as provided in Article VII of this chapter, may grant as a special exception, after a public hearing, continuance of the nonconforming use. The Board of Adjustment may further limit but not extend such nonconforming use, to include the size and location on the land of any reconstructed buildings, the modification of existing buildings and the use of the property either on the same lot or on a contiguous lot under the same ownership at the time of enactment of this chapter. F. A nonconforming use of a building or a nonconforming use of a nonconforming building may be extended either on the same lot or to a contiguous lot under the same ownership at the time of enactment of this chapter if granted as a special exception by the Board of Adjustment, as provided in Article VII of this chapter, subject to the following special requirements: (1) The extension is for a use which is necessarily incident to the existing use; (2) The estimated cost of any extension involved does not exceed 50% of the replacement value, as appraised by the Kent County or Sussex County Assessor, of the existing building to which it is incident; (3) Such extension shall have a floor area not to exceed 25% of the floor area of the existing building to which it is incident; (4) It will not impair the value of the adjoining property or adversely affect the character of the neighborhoods; and (5) Provided that only one extension shall be permitted by the Board of Adjustment during the life of a nonconforming use.
CITY OF MILFORD NOTICE OF PUBLIC HEARINGS
BOARD OF ADJUSTMENT PUBLIC HEARINGS: September 10, 2020
NOTICE IS HEREBY GIVEN the Board of Adjustment of the City of Milford will hold Public Hearings at 10:00 a.m. or as soon thereafter as possible to hear the following matters:
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.
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. 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.
By: Christine Crouch, MMC Deputy City Clerk
Advertised: Beacon 08/26/20