Public Hearing Agenda - Board of Adjustment

The following items are scheduled to be heard at the Board of Adjustment public hearing.

Meeting Date:Thursday, April 11, 2013
Meeting Time:6:00 p.m.
Location:NCC Government Center, 87 Reads Way, New Castle Corporate Commons

Agenda Items
108 Stahl Avenue, New Castle 19720 Area variances to maintain a dwelling 4.8 feet from the easterly side lot line (6-foot side yard setback), and to construct an attached garage 4 feet from the westerly side lot line (6-foot side yard setback). Daniel Hunter. NC5 Zoning. CD 7. (App. 2013-0205-A) TP 10-014.30-511	Status/Map
122 Donhaven Drive, New Castle 19720 Area variances to maintain a dwelling 24 feet from the Donhaven Drive right-of-way (25-foot street yard setback) and 3 feet from the southerly side lot line (6-foot side yard setback). Mile High Investments. NC6.5 Zoning. CD 10. (App. 2013-0207-A) TP 10-010.30-219	Status/Map
40 Kollman Drive, Newark 19713 Area variance to maintain a dwelling 14 feet from the Kollman Drive right-of-way (25-foot street yard setback). Mile High Investments. NC6.5 Zoning. CD 5. (App. 2013-0211-A) TP 11-006.10-191	Status/Map
4525 Shady Drive, Wilmington 19808 Area variances to maintain a dwelling 3 feet from the easterly side lot line and 5 feet from the westerly side lot line (6-foot side yard setback). Joseph T. Kanich. NC6.5 Zoning. CD 1. (App. 2013-0212-A) TP 08-044.40-103	Status/Map
46 South Lunenburg Drive, New Castle 19720 Area variances to maintain a shed 2 feet from the southerly side lot line and another shed 0.8 foot from the northerly side lot line (3-foot setback for detached accessory structures), and to maintain an above-ground pool 4 feet from the southerly side lot line (6-foot pool setback). Penelope E. Gay. NC6.5 Zoning. CD 7. (App. 2013-0213-A) TP 10-019.20-271	Status/Map
301 McKennans Church Road, Wilmington 19808 Area variances to maintain eight existing school signs and to construct one new ground sign for McKean High School: 1. to construct a new 55 square foot ground sign (including a 40 square foot EVMS) 14 feet from the McKennans Church Road right-of-way (20 square foot maximum sign area and one wall or ground sign per building section and 20-foot sign setback); 2. to maintain an existing 68 square foot ground sign (20 square foot maximum sign area and one wall or ground sign per building section); 3. to maintain four clustered walls signs with a combined 80 square foot sign area (20 square foot maximum sign area and one wall or ground sign per building section); 4. to maintain a 96 square foot wall sign (20 square foot maximum sign area and one wall or ground sign per building section); and 5. to maintain a 30 square foot wall sign (20 square foot maximum sign area and one wall or ground sign per building section). Tupp Signs Inc. S Zoning. CD 3. (App. 2013-0206-A) TP 08-026.00-018	Status/Map
1080 Old Lancaster Pike, Hockessin 19707 Area variances to facilitate the rezoning and recordation of a major residential subdivision to create 46 residential dwelling lots: 1. to vary the dwelling unit mix requirement to provide a minimum of 3.7 percent of any dwelling unit type and a 90 percent maximum of any dwelling unit type (a 70 percent maximum and a 20 percent minimum of any dwelling unit type); and 2. to permit 100 percent disturbance of the portion of the property within the Water Resource Protection Area (50 percent maximum disturbance in the Cockeysville Formation Drainage Area WRPA); 3. To permit Lot 47 to have 0 opacity along Old Lancaster Pike (0.3 minimum bufferyard opacity); 4. to provide a 0 opacity bufferyard between Lot 27 and Lot 47, which is classified as an "other permitted use/nursery and landscaping business" (0.3 minimum bufferyard opacity); 5; to provide a 3-foot street yard paving setback for Lot 47 along Old Lancaster Pike (10-foot street yard paving setback); and 6. to provide a 1-foot side yard paving setback for Lot 47 (10-foot side yard paving setback). CCS Farms LLC - Drake Cattermole. Neighborhood Conservation (NC) 21 Zoning, which is proposed to be rezoned to (ST) Suburban Transition. CD 3. (App. 2012-0702-A) TP 08-013.10-210	Status/Map
3701 Kirkwood Highway and 2102 & 2110 Duncan Road, Wilmington 19808 Area variances to permit the construction of a 5,125 square foot convenience store with gasoline: 1. to permit a 23 percent Landscape Surface Ratio/0.5351 acre (20 percent minimum LSR in the CR combined with 50 percent minimum LSR in the CN, resulting in a combined 41 percent minimum LSR or 0.95 acre of open space); 2. to permit a 0 paving street yard setback along Duncan Road (25-foot street yard paving setback in CR and 40-foot street yard paving setback in CN); 3. to permit a 5-foot street yard paving setback along Larson Avenue (25-foot street yard paving setback in CR and 40-foot street yard paving setback in CN); 4. to permit 0 bufferyard opacity along Kirkwood Highway (0.4 minimum bufferyard opacity along arterial in CR); 5. to permit 0 bufferyard opacity along Duncan Road (0.4 minimum bufferyard opacity along major collector in CR and 0.3 minimum bufferyard opacity along major collector in CN); 6. to permit 0 bufferyard opacity along Larson Avenue (0.3 minimum bufferyard opacity along a minor/local road in CR and CN zoning districts); 7. to permit a 0-foot side yard paving setback along property line shared with tax parcel 08-039.30-010/2116 Duncan Road (10-foot other yard paving setback in the CN); 8. to maintain a 0 bufferyard opacity along property line shared with tax parcel 08-039.30-010/2116 Duncan Road (0.3 total minimum bufferyard opacity = 0.2 for CN-zoned use abutting NC6.5-zoned use plus 0.1 for parking area); 9. to permit 0 street trees along Duncan Road (7 trees required); 10. to permit 0 street trees along Kirkwood Highway (4 trees required); 11. to permit 0 street trees along Larson Avenue (8 trees required); and 12. to construct a ground sign 5 feet from the Kirkwood Highway right-of-way (40-foot sign setback). Royal Farms/MAA Real Estate. CR and CN Zoning. CD 9 (App. 2012-0661-A) TPs 08-039.30-011, 08-039.30-012 and 08-039.30-210	Status/Map

Agenda Items

108 Stahl Avenue, New Castle 19720
Area variances to maintain a dwelling 4.8 feet from the easterly side lot line (6-foot side yard setback), and to construct an attached garage 4 feet from the westerly side lot line (6-foot side yard setback). Daniel Hunter. NC5 Zoning. CD 7. (App. 2013-0205-A) TP 10-014.30-511

Status/Map

122 Donhaven Drive, New Castle 19720
Area variances to maintain a dwelling 24 feet from the Donhaven Drive right-of-way (25-foot street yard setback) and 3 feet from the southerly side lot line (6-foot side yard setback). Mile High Investments. NC6.5 Zoning. CD 10. (App. 2013-0207-A) TP 10-010.30-219

Status/Map

40 Kollman Drive, Newark 19713
Area variance to maintain a dwelling 14 feet from the Kollman Drive right-of-way (25-foot street yard setback). Mile High Investments. NC6.5 Zoning. CD 5. (App. 2013-0211-A) TP 11-006.10-191

Status/Map

4525 Shady Drive, Wilmington 19808
Area variances to maintain a dwelling 3 feet from the easterly side lot line and 5 feet from the westerly side lot line (6-foot side yard setback). Joseph T. Kanich. NC6.5 Zoning. CD 1. (App. 2013-0212-A) TP 08-044.40-103

Status/Map

46 South Lunenburg Drive, New Castle 19720
Area variances to maintain a shed 2 feet from the southerly side lot line and another shed 0.8 foot from the northerly side lot line (3-foot setback for detached accessory structures), and to maintain an above-ground pool 4 feet from the southerly side lot line (6-foot pool setback). Penelope E. Gay. NC6.5 Zoning. CD 7. (App. 2013-0213-A) TP 10-019.20-271

Status/Map

301 McKennans Church Road, Wilmington 19808
Area variances to maintain eight existing school signs and to construct one new ground sign for McKean High School: 1. to construct a new 55 square foot ground sign (including a 40 square foot EVMS) 14 feet from the McKennans Church Road right-of-way (20 square foot maximum sign area and one wall or ground sign per building section and 20-foot sign setback); 2. to maintain an existing 68 square foot ground sign (20 square foot maximum sign area and one wall or ground sign per building section); 3. to maintain four clustered walls signs with a combined 80 square foot sign area (20 square foot maximum sign area and one wall or ground sign per building section); 4. to maintain a 96 square foot wall sign (20 square foot maximum sign area and one wall or ground sign per building section); and 5. to maintain a 30 square foot wall sign (20 square foot maximum sign area and one wall or ground sign per building section). Tupp Signs Inc. S Zoning. CD 3. (App. 2013-0206-A) TP 08-026.00-018

Status/Map

1080 Old Lancaster Pike, Hockessin 19707
Area variances to facilitate the rezoning and recordation of a major residential subdivision to create 46 residential dwelling lots: 1. to vary the dwelling unit mix requirement to provide a minimum of 3.7 percent of any dwelling unit type and a 90 percent maximum of any dwelling unit type (a 70 percent maximum and a 20 percent minimum of any dwelling unit type); and 2. to permit 100 percent disturbance of the portion of the property within the Water Resource Protection Area (50 percent maximum disturbance in the Cockeysville Formation Drainage Area WRPA); 3. To permit Lot 47 to have 0 opacity along Old Lancaster Pike (0.3 minimum bufferyard opacity); 4. to provide a 0 opacity bufferyard between Lot 27 and Lot 47, which is classified as an "other permitted use/nursery and landscaping business" (0.3 minimum bufferyard opacity); 5; to provide a 3-foot street yard paving setback for Lot 47 along Old Lancaster Pike (10-foot street yard paving setback); and 6. to provide a 1-foot side yard paving setback for Lot 47 (10-foot side yard paving setback). CCS Farms LLC - Drake Cattermole. Neighborhood Conservation (NC) 21 Zoning, which is proposed to be rezoned to (ST) Suburban Transition. CD 3. (App. 2012-0702-A) TP 08-013.10-210

Status/Map

3701 Kirkwood Highway and 2102 & 2110 Duncan Road, Wilmington 19808
Area variances to permit the construction of a 5,125 square foot convenience store with gasoline: 1. to permit a 23 percent Landscape Surface Ratio/0.5351 acre (20 percent minimum LSR in the CR combined with 50 percent minimum LSR in the CN, resulting in a combined 41 percent minimum LSR or 0.95 acre of open space); 2. to permit a 0 paving street yard setback along Duncan Road (25-foot street yard paving setback in CR and 40-foot street yard paving setback in CN); 3. to permit a 5-foot street yard paving setback along Larson Avenue (25-foot street yard paving setback in CR and 40-foot street yard paving setback in CN); 4. to permit 0 bufferyard opacity along Kirkwood Highway (0.4 minimum bufferyard opacity along arterial in CR); 5. to permit 0 bufferyard opacity along Duncan Road (0.4 minimum bufferyard opacity along major collector in CR and 0.3 minimum bufferyard opacity along major collector in CN); 6. to permit 0 bufferyard opacity along Larson Avenue (0.3 minimum bufferyard opacity along a minor/local road in CR and CN zoning districts); 7. to permit a 0-foot side yard paving setback along property line shared with tax parcel 08-039.30-010/2116 Duncan Road (10-foot other yard paving setback in the CN); 8. to maintain a 0 bufferyard opacity along property line shared with tax parcel 08-039.30-010/2116 Duncan Road (0.3 total minimum bufferyard opacity = 0.2 for CN-zoned use abutting NC6.5-zoned use plus 0.1 for parking area); 9. to permit 0 street trees along Duncan Road (7 trees required); 10. to permit 0 street trees along Kirkwood Highway (4 trees required); 11. to permit 0 street trees along Larson Avenue (8 trees required); and 12. to construct a ground sign 5 feet from the Kirkwood Highway right-of-way (40-foot sign setback). Royal Farms/MAA Real Estate. CR and CN Zoning. CD 9 (App. 2012-0661-A) TPs 08-039.30-011, 08-039.30-012 and 08-039.30-210

Status/Map

Information on all applications is available for public review in the Land Use Department, New Castle County Government Center, 87 Reads Way, Corporate Commons, New Castle, DE, from 8:00 A.M. to 4:00 P.M., Monday through Friday.

Individuals needing reasonable accommodations according to the Americans with Disabilities Act, call 395-5400 (TT/TRY/T.D.: D.S., 1-800-232-5460) at least five business days before the meeting/hearing.