Board of Adjustment Meeting Packet

CITY OF DOVER, DELAWARE BOARD OF ADJUSTMENT MEETING Wednesday, July 16, 2025 at 9:00 AM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA IN-PERSON & VIRTUAL MEETING This Board of Adjustment Meeting for July 16, 2025 will be held in City Hall, City 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 July 16, 2025 Join by Phone: Dial 1-650-479-3208 Access Code: 253 476 92041 Password for Phones: 36837262 Join Online: https://bit.ly/BOA07162025 Webinar Number: 2534 769 2041 Webinar Password: DoverBOA 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. 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. WELCOME ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES 1. Adoption of Minutes of June 18, 2025 COMMUNICATIONS & REPORTS 1

BOARD OF ADJUSTMENT MEETING - July 16, 2025 PAGE 2 Meeting Reminder: The next Board of Adjustment Meeting date is Wednesday, August 20, 2025 at 9:00 AM OLD BUSINESS NEW BUSINESS The following Application was filed for Review and Public Hearing before the Board of Adjustment. 2. Application #V-25-03 Property at 506 Pear Street. A Request has been made for a Variance from the requirements of Zoning Ordinance, Article 5 §1.114, as associated with a proposed above-ground swimming pool. The Variance Request seeks a reduction of the minimum setback from 15 feet to 10 feet from the side property line for the edge of the water containment portion of the swimming pool. The property is zoned RG-1 (General Residence Zone). The owner of record is Kelsey Short. Property Address: 506 Pear Street, Dover, DE. The Tax Parcel ID is ED-05-067.20-01-07.00- 000. ADJOURN Posted Agenda: July 09, 2025 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 2

Item 1. MINUTES OF BOARD OF ADJUSTMENT MEETING OF JUNE 18, 2025 o The Meeting Minutes of the June 18, 2025 are still being prepared. These Meeting Minutes will be distributed to the Board of Adjustment via email or hand delivered. o Adoption of the Meeting Minutes may be considered at the July 16, 2025 meeting of the Board of Adjustment. 3

Item 2. City of Dover Board of Adjustment July 16, 2025 V-25-03 Title: Property at 506 Pear St - Application for a Variance Location: West side of Pear Street, North of William Street Address: 506 Pear St, Dover, DE Owner: Kelsey Short Tax Parcel: ED-05-067.20-01-07.00-000 Application Date: June 13, 2025 Present Zoning: RG-1 (General Residence Zone) Present Use: One-family detached house Proposed Use: One-family detached house with above-ground swimming pool Reviewed By: Chris Salzano, AICP, Planner II Variance Type: Area Variance Variances Requested: Request has been made for a Variance from the requirements of Zoning Ordinance, Article 5 §1.114 to allow for the edge of the water containment portion of the pool to be 10 feet (less than the 15 feet required) from the side property line. Project Description The property is located at 506 Pear Street. A Request has been made for a Variance from the requirements of Zoning Ordinance, Article 5 §1.114, as associated with a proposed above- ground swimming pool. The Variance Request seeks a reduction of the minimum setback from 15 feet to 10 feet from the side property line for the edge of the water containment portion of the swimming pool. The property is zoned RG-1 (General Residence Zone). The owner of record is Kelsey Short. Property Address: 506 Pear Street, Dover, DE. The Tax Parcel ID is ED-05- 067.20-01-07.00-000. 4

V-25-03 Lands of Short at 506 Pear St, Dover DE Item 2. Board of Adjustment Report Page 2 of 6 Property and Adjacent Properties: Zoning and Land Use The property is zoned RG-1 (General Residence Zone). The property survey (Exhibit C) lists the property as 5,250 SF+/-. The property contains a One-family detached dwelling. The adjacent properties on Pear Street are zoned RG-1, and the lots to the immediate north and south are One- family homes, the lot to the west is zoned M and is a moving company. There is another group of One-family homes east across the street on Pear Street, they are zoned R-8 (One-family Residence Zone). A Map Exhibit (Exhibit D) prepared by Staff is attached to this Report. It shows the subject property’s location and the surrounding zoning. Map Exhibit E shows an aerial view of the area. Code Citations RG-1 (General Residence Zone) The subject project area is zoned RG-1 (General Residence Zone). Zoning Ordinance, Article 3 §2 lists the permitted uses, conditional uses, and other provisions of the RG-1 zone. Per the Zoning Ordinance, Article 3 §2 notes that One-family detached dwellings are a permitted use. This section references that permitted uses include all uses permitted in the one-family residences zones as described in Article 3 §1. Zoning Ordinance, Article 3 §1.15 (b) allows for a pool that is incidental to the residential use and not operated for personal gain. Swimming Pools Requirements for swimming pools are addressed in Zoning Ordinance, Article 5 §1.11. Article 5, Section 1. - Supplementary regulations applying to residence zones 1.11 Swimming pools. 1.111 Definition. For the purposes of this section, swimming pools shall be defined as any pool, tank, depression, or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than 24 inches. 1.112 Safety. All swimming pools as defined in this section must conform to the requirements of Dover Code, Chapter 22—Buildings and Building Regulations. 1.113 Placement. Swimming pools shall be permitted to be established in the side and rear yard, but shall be prohibited from placement between the principal structure and the street. 1.114 Setback. The edge of the swimming pool, specifically referring to the edge of the water containment portion of the pool, shall be no less than 15 feet away from all property lines. All associated structures, buildings, and pavement related to the swimming pool shall be no less than five feet away from all property lines. Applicant’s Proposed Project and Variances Requested The Applicant has submitted a property survey (Exhibit C) that shows the lot, location of the house and other improvements on the lot, and the proposed pool with the approximate dimensions and proposed setback from the property line. The Exhibit shows a 10-foot setback between the pool and the side property line. The proposed above ground pool is round with a 15- foot diameter. 5

V-25-03 Lands of Short at 506 Pear St, Dover DE Item 2. Board of Adjustment Report Page 3 of 6 The Applicant described the project as follows: Installation of 15’ x 48” pool The Applicant also provided a series of Photographs; See Exhibit F. 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. 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 responses are provided in Exhibit B – Written Narrative listed below. The 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: The nature of the zone the property lies on is RG-1. Staff Response: The subject property is zoned RG-1 (General Residence Zone) and developed as a residential lot with a one-family detached dwelling. The property was developed prior to 1937 prior to the City of Dover’s adoption of the Zoning Ordinance. In the Zoning Ordinance, Article 4 §1.11, the accessory use of a swimming pool is permitted within residential zones. 2. The character of the immediate vicinity and the contained uses therein. 6

V-25-03 Lands of Short at 506 Pear St, Dover DE Item 2. Board of Adjustment Report Page 4 of 6 Applicant Response: The character of the immediate vicinity contains two neighbors. I have a neighbor to the left of me that is divided by a vinyl privacy fence. I have a neighbor to the right of me that is also divided by a vinyl privacy fence. To the rear of my property is a City of Dover building that is separated by a patch of woods. The front of my property is the street that divides me from another row of homes. Both neighbors have been notified of my new vinyl fence install as well as intentions of a pool being placed that is gated. Staff Response: The Pear Street neighborhood consists of One-family residences, including One-family detached dwellings. The area also includes some businesses and institutional uses, including Berry Van Lines, Fairview Elementary School, the City of Dover Warehouse Operations Facility, and the Campus Community School. Some of the nearby dwellings include swimming pools, and many include fenced yards. The accessory use of a swimming pool in a residential yard is compatible with the character of the immediate vicinity and surrounding residential and commercial uses. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Response: If restriction on property was removed it would not affect neighboring properties. The pool I intend to get is the smallest one I could find to accommodate my family. lt does not hold enough water to affect neighboring homes with vinyl fencing dividing our properties. Staff Response: As stated by the applicant, the above-ground pool will be located behind a six-foot-tall privacy fence in the rear yard of the property. The neighborhood consists of one-story houses pushed to the street and the pool is 30+ feet away from any neighboring homes. Based on specifications provided in the Narrative (Exhibit B), the total height of the above-ground pool is four feet. If the variance is granted, the pool would be ten feet from the property line on each side and behind the six-foot-tall vinyl privacy fence limiting visibility. Therefore, it would not seriously affect the neighboring properties at 502 and 510 Pear Street. 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: If the restriction was not removed it would create an unnecessary hardship because a vinyl privacy fence was installed with intentions of a pool to be placed. I bought the property with the goal of eventually getting a pool and creating a backyard for the family I was not aware that my property was not wide enough to accommodate a pool per City of Dover regulations. Pictures are provided of my yard to show intended pool placement and surrounding areas. (See exhibit F for photographs) Staff Response: The Zoning Ordinance allows for swimming pools as an accessory use on residential lots. Article 5 §1.11 provides specific requirements for the placement of swimming pools on 7

V-25-03 Lands of Short at 506 Pear St, Dover DE Item 2. Board of Adjustment Report Page 5 of 6 residential lots. The proposed swimming pool meets all of these criteria except for the required 15-foot distance for the water containment area from property lines. As proposed, the water containment would be 10 feet from the property lines. In reviewing the applicant’s submission, in particular Exhibit C, it is clear that the proposed pool location on the property is where it would provide the maximum distance from the property lines. The width of the property parcel is 35 feet and the pool setback requirements of the City of Dover as outlined in the Zoning Ordinance Article 4 §1.11 are 15 feet this results in available width of 5 feet for a pool. If the Variance is not granted, the property owners likely would not be able to place the swimming pool on the property, creating a practical difficulty that could be identified as exceptional. Variance Recommendations Staff recommends approval of the Variance that would allow for the water containment portion of the swimming pool to be located 10 feet from the property lines. Staff recommends approval of the variance for reasons as follows: • The Zoning Ordinance permits swimming pools accessory to residential uses within the residential zones. Therefore, the placement of the swimming pool is consistent with the zone and the uses expected within the surrounding residential neighborhood. • The proposed placement of the swimming pool is in a location that requires a variance of five feet and maximizes the distance from either side property line to mitigate any risk to neighboring properties. This property was developed before the City of Dover adopted the Zoning Ordinance. It has a total lot width of 35 feet; therefore, no other location on the lot could accommodate the required setback. • The location of the swimming pool will not seriously affect neighboring properties and uses. o The swimming pool will be placed behind a solid (privacy) fence that is six feet in height. • If the variance is not granted, the property owner would likely be unable to place a swimming pool on the lot, creating the potential for an exceptional practical difficulty. 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 variance is granted, a Building Permit is required prior to the commencement of the construction/installation of the swimming pool. All other code requirements for the placement of the swimming pool must be met. • 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). 8

V-25-03 Lands of Short at 506 Pear St, Dover DE Item 2. Board of Adjustment Report Page 6 of 6 GUIDE TO ATTACHMENTS Exhibit Description/Author # Pages A BOA Application Form 1 B Written Narrative 1 C Applicant’s Survey + Site Plan 1 D Zoning Map – Base View 1 E Zoning Map – Satellite View 1 F Applicant Photos 6 9

Exhibit A Item 2. 10

Exhibit B Item 2. 11

Exhibit C Item 2. 12

Item 2. Exhibit D ED-05-067.20-01-07.00-000 13

Item 2. Exhibit E ED-05-067.20-01-07.00-000 14

Item 2. Exhibit F Applicant Photos 15

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Item 2. Owner OWN_AD1 OWN_CITY OWN_STA OWN_ZIP CITY OF DOVER PO BOX 475 DOVER DE 19903 BERGOLD,LYNN W 8 HOYLAKE CT DOVER DE 19904 GOODWIN,JAMES 612 WILLIAM ST DOVER DE 19904 PEAR STREET ASSOC LLC 602 PEAR STREET DOVER DE 19904 DAVIS,SHATEARA & THOMAS,ANGELIA 502 PEAR ST DOVER DE 19904 WINDER,MARION S 521 PEAR ST DOVER DE 19904 SEFIL,ALFONSO SERVANO & SEFIL,JOSEFINA LABITIGAN 840 B WOODCREST DR DOVER DE 19904 MITCHELL,JOSHUA T 531 PEAR ST DOVER DE 19904 FONTANEZ,ERIC 515 PEAR ST DOVER DE 19904 WAGENHOFFER,ELIZABETH & BUCKLEY,MELANIE 415 FLECHER DR SMYRNA DE 19977 ROBERTS,KELSEY 621 WILLIAM ST DOVER DE 19904 BENSON,MILTON & DUDLEY,MELISSA A 522 PEAR ST DOVER DE 19904 IRVING,DWAYNE & LEONA G 509 PEAR ST DOVER DE 19904 GILBERT,WOODROW W & GILBERT,WOODROW H G 526 PEAR ST DOVER DE 19904 21

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