A New Castle City Board of Adjustment Hearing took place on February 21, 2007 at
7 p.m. in the City of New Castle’s Town Hall.
**UNOFFICIAL AND NOT FOR PURPOSE OF APPEAL**
Present: Mayor John F. Klingmeyer
James F. Harker, City Solicitor
David Athey, City Engineer
Staff: Jeff Bergstrom
Mayor Klingmeyer called the meeting to order at 7 p.m.
The Mayor read the Notice of Public Hearing that states, “An application has been filed by Thomas A. Koch for property located at 2 The Strand and 102 Delaware Street, New Castle, Delaware, Parcel Numbers 2101500194 and 2101500193, seeking a variance from the required minimum rear yard setback from 25 feet to 0.8-2.8 feet, in order to permit subdivision of the property.
For the purpose of considering this application, the Board of Adjustment will hold a public hearing on Wednesday, February 21, 2007, at 7 p.m. in Old Town Hall, 2nd floor, located at 201 Delaware Street, New Castle, Delaware.”
The hearing has been properly advertised. Mr. Jeff Bergstrom, Building Inspector, confirmed the property has been properly posted.
Mr. Bergstrom provided a brief background on the application which involves subdivision of the property. The application to the Historical Area Commission (HAC) involves removal of the rear portion of the property at 2 The Strand along Dalby Alley and add it to the property located at 102 Delaware Street. The HAC unanimously approved the subdivision subject to approval of the Board of Adjustment of the variance request.
Mr. Shawn Tucker, representing Ms. Chris Stone and Mr. & Mrs. Thomas A. Koch, presented a plan for the Board and explained what they are proposing. Following the presentation Mr. Tucker addressed questions from the Board. Current zoning of both parcels is Historic Commercial (HC). Mayor Klingmeyer questioned Mr. Koch if he could make a driveway on property he owns. Mr. Koch said that there is enough parking for approximately eight vehicles in the rear. Access is through an area (he referred to the map) and he hoped to have an easement through the alley to access the area without reconfiguring the fence. The Mayor expressed concern over off-street parking and future development in the area. (Extensive discussion about off-street parking and egress continued.) Mr. Harker inquired about the existing house on 102 Delaware Street being a single-family home and the existing one-story building that would be incorporated if the Board approves this plan is currently vacant. He asked about its current layout regarding residential use. Mr. Koch said the previous residents slept in the building but used the kitchen in the main house; there is also a full bath. He asked Ms. Stone if she had any current plans to develop the existing one-story building. She said eventually she would like to attach the two and make it one house. Mr. Athey asked Mr. Bergstrom if there is any way that this could become two family single-parcel use properties. Mr. Bergstrom said the code
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February 21, 2007
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allows a two family home in the HC district but you are not allowed two one-family homes in this district.
Mr. Athey questioned the “proposed areas” data shown on the presentation. (Discussion took place about dimensions.) Mr. Koch is willing to have a dedicated easement for parking for Ms. Stone or her successor to have access to. Mr. Athey wanted to make it clear that if there were a parking space dedicated to the other parcel by easement and someone built more homes in the area, the space by easement would not count in the amount of existing parking there. Mr. Harker confirmed his statement.
Mr. Harker summarized what has been discussed. The applicant is seeking a rear-yard variance for the existing 2-1/2 story home of 8/10th’s a foot; a second variance of 2.8 feet on the extension of the lot line and is willing to accept the condition that the owner dedicate one parking space on 2 The Strand to the use of 102 Delaware Street. Mr. Koch confirmed the summarization.
Mr. Tucker reviewed the Kwik Check standards with Mr. Koch and Ms. Stone.
No comments were offered from the audience.
Mr. Harker made a motion to approve the following variance as requested, that there be a variance granted from what is the existing rear property line of 102 Delaware Street to the rear lot line of 8/10th’s of a foot that permit the relocation of the property line and re-subdivide the lot on 2 The Strand allowing a rear yard line to what will be the new rear yard line for 102 Delaware Street, 2.8 feet, conditioned on the owner of 2 The Strand dedicating at least one (1) parking space on the property at 2 The Strand for the use of 102 Delaware Street. Mr. Athey seconded the motion. The Mayor expressed concern about one (1) parking space being inadequate considering enlargement of the existing property, potential future development in the area and the current city code that reduces the requirements of the law regarding off-street parking. (Additional discussion about potential future development and off-street parking took place.)
Mr. Harker read aloud Section 230-57(c) describing what this Board’s standards are for the record. Mr. Harker votes in favor of the variance because he believes it will help to reduce the non-conformity of 102 Delaware Street in terms of both area and parking, it would turn a non-conforming lot in size to a conforming lot and also in terms of parking spaces, providing two parking spaces; one on the lot and one by way of easements. Our approval does not require any changes to the existing structures. He does not feel there is any substantial effect on any adjoining properties other than parking which is a problem that exists in the historic district as a whole. He believes that denying the variance would have an impact on the owners of both properties concerning future development of that property or use of their properties.
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February 21, 2007
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Mayor Klingmeyer stated that Dalby Alley is a very narrow alley, there are more homes along that alley that are much smaller and have limited parking and he sees the addition to this property as one that will be expanded and while it might meet the minimum parking requirement of two (2) spaces for the existing property, as it expands he feels that parking issues would be compounded. He does not feel that
the one (1) additional parking space which meets the current regulation adequately satisfies future needs.
Mr. Harker said the proposal is that there be an existing single parking lot on 102 Delaware Street and a dedicated parking space located on 2 The Strand for the benefit of 102 Delaware Street thereby providing access to two (2) parking spaces for 102 Delaware Street. He proposes as part of his motion that in granting the variance there be two (2) parking spaces (one existing and two to be provided).
(Continued discussion about the motion took place.)
The Mayor would like to amend the motion on the floor to require that the owner of 102 Delaware Street provide three (3) parking spaces.
Mr. Athey feels the Mayor’s concerns are not directly relevant to the variance being sought this evening. This variance has nothing to do with off-street parking. The Mayor responded that past practice provides that we have addressed a number of concerns that are not directly involved with variance requests.
At present there is no provision in the code that recognizes the size of a property or size of a house needing more off-street parking than smaller properties.
(Discussion about content in the code and its impact on the applicant and egress followed.)
Mr. Tucker commented that currently the city has a chapter that doesn’t require any parking so they are going beyond what is expected in asking for two which goes beyond the language in the chapter that the Board should be using to make their decision. He understands the logic of asking for three parking spaces but feels his client should not be burdened.
The Mayor made a motion to amend the original motion to include three (3) parking spaces total. The motion died for lack of a second.
Mr. Harker votes in favor of the variance for reasons he has already stated; it will reduce the non-conformity of 102 Delaware Street in both area and parking, provide two (2) spaces for 102 Delaware Street for which there is no existing parking, it appears that the buildings are existing, there are no proposed changes to the buildings at this time, no adjoining properties that will be currently affected by the change in property lines, no impact in changing the property lines on any adjoining
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February 21, 2007
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properties, and denial of the variance would present difficulty or unusual hardship for the owners of the properties. Mr. Athey concurs with Mr. Harker and also votes in favor of granting the variance. Mayor Klingmeyer voted to deny the variance request because he believes it is inadequate, that there is a critical problem at this location, and the Board is in a position to look out for the future.
The variance request was granted by a vote of 2-1. Messrs. Harker and Athey cast affirmative votes while Mayor Klingmeyer cast a dissenting vote.
The hearing was adjourned at 8:25 p.m.
Respectfully submitted,
Debbie Turner
Stenographer
