A
New Castle City Board of Adjustment Hearing took place on
October
7, 2008 at 7 p.m. in the City of New Castle’s Town Hall.
Present:
Mayor John F. Klingmeyer
Roger A. Akin, City Solicitor
David
Athey, City Engineer
Mayor
Klingmeyer called the meeting to order at 7:07 p.m. He introduced
City Solicitor Roger Akin and City Engineer David Athey.
The
Mayor read the Notice of Public Hearing that states, “An
application has been filed by Gary Phillips, 608 Frenchtown Road, New
Castle, for an appeal from an administrative decision denying
permission to install a five foot, six-inch tall wood garden screen
in the required 25 foot front yard setback area on property located
at 608 Frenchtown Road, New Castle, Delaware, otherwise known as tax
parcel number 2101000009. For the purpose of considering this
application, the Board of Adjustment will hold a Public Hearing on
Tuesday, October 7, 2008, at 7 p.m. in Old Town Hall, 2nd
floor, located at 201 Delaware Street, New Castle, Delaware.”
A
check for $600 has been received from the applicant and notice of
affidavit was advertised in the News Journal paper on 9/22/08. Mr.
Jeff Bergstrom, City Inspector, confirmed that the property has been
properly posted.
Mr.
Bergstrom provided a brief description of the application.
(Mr.
Phillips was sworn in by Mayor Klingmeyer.)
Mr. Phillips described his property for the Board and the reasons
for his request to install the fence in the required setback area.
His property is close to two busy roadways. The fence will provide
added security, help reduce noise, and would add aesthetic value.
Neighbors on both sides are in favor of his application.
Mr.
Bergstrom explained the applicant’s request further using a
diagram provided by the applicant.
(No
audience members are present at this hearing.)
The
Mayor stated that through no fault of the applicant the highway has
been widened and it diminishes the value of the homes as well as the
quality of life in this area. Nearby property that was formerly
residential is now commercial property. Erecting this fence will
help to protect the property and is consistent to maintain it as a
residential area.
Mr.
Athey expressed concern that the notice does not mention a variance
request.
Mr.
Akin feels the notice is proper because Mr. Phillips is seeking an
appeal from the decision to deny his request to install a fence in
the setback area. In appealing that decision it is obvious that he
would be requesting a variance from the 25 foot front yard setback
requirement. He is satisfied that the public has
been given proper notice. (The
applicant noted on his application that he would be seeking a
variance from the front yard setbacks in the Code.)
The matter on the table tonight is whether we believe in our
discretion that a variance should be granted for the 25 foot setback
area for the fencing.
Mr.
Akin indicated that since there is no one in the audience this
evening it can be assumed that there is no opposition to this
application. This is an odd-shaped lot and the applicant has been
the recipient in the past (and possibly the future) of road-widening
projects by way of DelDOT. The shape of the lot is something that
the applicant did not create. No special privilege would be conveyed
upon the applicant; others in the area have installed fencing.
Mr.
Akin made a motion to grant two (2) variances (14th
Street frontage and Frenchtown
Road frontage) for the fence installation. Mr. Athey seconded the
motion. Mr. Athey voted in favor of the motion citing that having
two front yards is a hardship that the applicant did not create.
Mayor Klingmeyer voted in favor and stated that the property is
unique and agreed with the other rationale provided. Mr. Akin voted
in favor citing his earlier rationale.
The
motion was approved by unanimous vote.
The
hearing was adjourned at 7:45 p.m.
Respectfully
submitted,
Debbie
Turner
Stenographer
