TOWN OF OCEAN VIEW

BOARD OF ADJUSTMENT

OCTOBER 18, 2007

Chairman Dick Logue called the meeting to order at 6:06 p.m. with Board Members Bill Olsen and   Tom Sylvia in attendance.  Town Administrative Official Charles McMullen and Town Solicitor Dennis Schrader were also present.. 

1.      The Pledge of Allegiance was recited. 

2.      There were no changes to the Agenda.  Tom Sylvia made a motion to approve the agenda.  Bill Olsen seconded the motion, and it was approved unanimously.

3.      There were no changes to the minutes from the September 20, 2007, meeting.  Bill Olsen made a motion to approve the minutes.  Tom Sylvia seconded the motion, and it was approved unanimously. 

4.      Old Business

None

5.      Public Hearing Consideration of Application V-217, a request for a variance from Articles VIII,§ 222-40-B of the Ocean View Code submitted by Gerald Schaeffer on behalf of Charlotte and Gary Krebs who are seeking a variance to build a screened porch that will encroach 5 feet into the rear setback on property located at 33 Wedgefield Boulevard (PIDN 400.026)   The Town Administrative Official stated that notices were sent out to all property owners within a 200-foot radius of the applicant’s property, and a notice was published in the newspaper 15 days prior to this hearing.  The Town Solicitor swore in Gerald Schaeffer who served as spokesman.  Mr. Schaeffer explained that he is here to represent Charlotte and Gary Krebs in their application for a variance in order to build a screened porch.  He said that he obtained approval from the Wedgefield Homeowners Association and learned of that DelDOT has a 40 foot setback in the Krebs’ back yard so they can widen the road when went to obtain a building permit from Town Administrative Official Charles McMullen.   He then contacted DelDOT and received a letter of permission to intrude 5 feet into the 40 foot rear yard setback.  In answer to a question from Chairman Logue, Mr. McMullen said that copies of the letters from the HOA and DelDOT will be placed into the official record.  He said that Bob Radish of DelDOT had no problem with the passing of the 40 foot line by 5 feet for this structure and sent a plat indicating that the right of way will not be as far as this porch; they will have a 10 foot rear yard setback as required throughout Wedgefield.  Mr. McMullen said that he had a copy of a letter of approval from the Wedgefield HOA and has some correspondence from the President of the HOA regarding their restrictions and covenants and their no-objection to the variance being granted.  He also presented a letter from the Krebs authorizing Mr. Schaeffer to represent them at this hearing.  In answer to a question from the Town Solicitor, Mr. McMullen used a July 30, 2004, mortgage inspection plan with the porch sketched-in to explain the location of the porch and deck and said that the dimensions will be 24 x 12 feet.  In answer to a question from Bill Olsen, Mr. McMullen explained that the 40 foot setback was part of the site-plan approval and was requested by DelDOT because they planned to widen Windmill Road as part of the Route 26 project.  DelDOT extracted additional right of way to cover the expansion of Windmill Road; however, Mr. McMullen repeated that he has spoken with Bob Radish of DelDOT who provided the plat that he acquired from DelDOT engineers and stated that they had no objection to the 5 foot passing of the 40 foot setback; it would not impede their improvements.  In answer to another question from Bill Olsen, Mr. McMullen explained that the rear yard setback for the rest of Wedgefield is 10 foot; however, the three homes in Wedgefield that abut Windmill Lane   had a 40-foot setback imposed on them.  In answer to a question from Chairman Logue, Mr. Schaeffer said that Wedgefield’s Architectural Review Board does not inspect the finished work to ensure that it meets their requirements; the Town and the County inspect the work.  Chairman Logue noted that the HOA’s letter includes five requirements and asked if the Board of Adjustment should include their requirements because they are the basis for its approval.  The Town Solicitor said that the Town does not enforce restrictive covenants; it simply applies the Town’s zoning and subdivision codes.  There was no one in the audience to speak for or against the application.  Chairman Logue declared the public hearing to have been held.  Tom Sylvia made a motion to approve the variance as requested.  Bill Olsen seconded the motion, and it was approved unanimously.

The meeting adjourned at 6:17 p.m.

                                                                                    Respectfully submitted,

                                                                                    Richard J. Logue      

                                                                                    Chairman  

                                                                                    Board of Adjustment

Transcribed from Tape:  October 19, 2007