August 22, 2006

 Kent County Levy Court  Public Hearing Highlights.

An applicant sought a conditional us permit  to conduct a motorcycle repair shop in an area zoned AC  under the Home-Based Contractor’s Establishment exemption. The  RPC voted against the conditional use. It takes 5 Levy Court Commissioner votes to overturn the RPC.

The applicant rebuilds engines and tests them in his shop and then test drives them across the street in a neighbor’s field. He has been conducting this business for the last three years. Noise concerns for neighbors was a factor.

Mr. Payton, landowner, spoke in favor of his application.  He worked with his neighbor’s schedules to try and avoid bothering them. A neighbor spoke in favor of the applicant. He  indicated he probably makes more noise running his chainsaw to cut firewood, then the applicant makes. He said  given the high gas prices he burns a lot of firewood. A second person spoke in favor of applicant. He was speaking on behalf of a commercial repair shop, L&D Suzuki. L&D subs out work to the applicant. A third person spoke in favor of the applicant. He indicated the noise does not bother him. He lives about 1/4 mi. away. He said it doesn’t bother his wife and if it did his wife would be sure to tell her husband.

One neighbor spoke against the applicant because of noise concerns. He thought that this type of  business is not proper in a residential area. A second  neighbor spoke against the applicant. He indicated the only other businesses in the area are a couple of in home day care businesses. He was concerned with the number  of customers who visit the business. The customers start their engines to demonstrate the problem and the engines are started up when the ATV is picked up. This neighbor happened to be the same one  that initially supported Mr. Payton. He had a change of heart due to the increased noise and customer traffic. The noise is disturbing his use of his property and his sleep.

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The hearing lasted about 2  hours. The final vote - Conditional Use Permit denied because the business did not fit into the  Home-Based Contractor’s Establishment ordinance since applicant’s business was conducted entirely on sight. The ordinance was designed primarily for a business conducted primarily offsite with little customer traffic and low noise levels.   

August 21, 2006

Four new developments are working their way through the Regional Planning Commission (“RPC”): 214- home Johnson farm subdivision near Kenton; 166-home Winterberry Woods subdivision near Camden;  210-home Dover Meadows subdivision northwest of Dover; and a 214-home Jarrell Ridge subdivision near Viola.

Developers tend to plan subdivisions with less than 215 homes so that they are not required to conduct a Department of Transportation traffic impact study.

The proposed Adequate Public Facilities Ordinance, winding its way from the RPC to Levy Court, will eliminate this loophole.

 

August 12, 2006

Thanks for checking in. The Delaware Solid Waste Authority is looking for few good men and women. The City of Dover is running a pilot curbside recycling program. It costs $4.00 per month for weekly service. They pick up your plastic, cans, glass, newspapers, junk mail etc. Bags and bins are provided to you.

 Here is where you can help. They need a total of 500 customers by the end of September 2006 to keep the program running.  They have 400 to date. Go ahead, sign up. Maybe you could give the gift of recycling to a friend for their birthday. They may think you’re a little weird, but what the heck.

 To sign up go to www.dswa.com or call 1-800-404-7080

--Brad