The New Castle City meeting for the Board of Adjustment took place on Wednesday, April 07, 2004 at 7:00 p.m. in the City of New Castle’s Town Hall.
Members Present:
John Klingmeyer, Mayor
David Athey, City Engineer
Clifford B. Hearn, Jr., City Solicitor
Michael F. Lenoir
Charles Gruver, III
Jeffrey Bergstrom
Mayor John Klingmeyer called the meeting to order and the roll was called.
For the purpose of considering this application, the Board of Adjustment this public hearing on Wednesday, April 7, 2004 at 7:00 p.m. is for an application filed by Michael Lenoir for property located at 1207 Wilmington Road, New Castle, Delaware, Parcel Number 21-004-151 seeking variances from the required: Minimum front setback; side setback and the combined side setback; rear setback; and the maximum building bulk, to permit the maintenance of a one story 19 x 26 foot addition to the rear of the residence (attaching it to the existing garage.)
Motion for Judgment:
Mayor John Klingmeyer: Cliff, would you like to make a motion?
Clifford Hearn, Jr.: I move that we grant the requested variances on the basis that the addition to two (2) pre-existing structures created an accessory use of one, creating a larger structure which is incorporated a garage and a house into an addition thus necessitating variances requested. Also the unique shape of the lot requires a rear variance. The rear shape of the lot also creates the variance requirement of the side variance. Since the garage is an accessory use, so you get a unique shape of the lot, two existing buildings combined.
David Athey: Do we need to be more specific? I believe there is a question on the front set back.
Clifford Hearn, Jr.: The front set back is just what was requested, I think.
Charles Gruver: The question is because of the old house now being incorporated into the garage and with the new house we do have to have another variance requested?
David Athey: I think you have to have a larger variance than what is requested because that property now is there. That is how I interpreted it. It is a close call.
Mayor John Klingmeyer: Are you going to argue either way?
David Athey: Well, my question is really more whether we second your motion and vote on it, to me it is that it can still be left up to interpretation.
Charles Gruver: That is correct.
David Athey: Okay, then I believe we better change and amend the motion.
Clifford Hearn, Jr.: I will amend the motion that we will grant a larger variance for the front set back.
Mayor John Klingmeyer: Is there a second to the motion?
David Athey: I will second it.
Mayor John Klingmeyer: All those in favor?
Decision: Unanimous.
There being no further business before the Board of Adjustment, the meeting was adjourned unanimously at 7:30.
