CU 1881 Request (10/19/2010)
P&Z Hearing and Deferral on on 2/24/2011 -
Minutes at https://sussexcountyde.gov/sites/default/files/minutes/PZ02242011.pdf from Page 12
C/U #1881 – application of HAROLD R. ENNIS, JR. & DICK ENNIS, INC. to consider the Conditional Use of land in an AR-1 Agricultural Residential District to operate businesses related to grass cutting, power washing, marine services and sales, and construction services to be located on a certain parcel of land lying and being in Indian River Hundred, Sussex County, 1.5188 acres, more or less, lying southwest corner of Route 24 (John J. Williams Highway) and Route 277 (Angola Road).
The Commission found that on December 30, 2011 the Applicant provided an Exhibit Booklet for the record which contains copies of deeds to the properties, a site plan depicting existing and proposed buildings, a copy of the DelDOT Service Level Evaluation Request, DelDOT comments, a copy of the Application form, references to compliance with the Zoning Code and the 2008 Comprehensive Land Use Plan, suggested proposed Findings of Fact, and a letter in support from Barbara Dorman, neighbor.
that the use should not adversely affect neighboring uses; that the Applicant has been operating his businesses for the past ten (10) years; that the Applicant does repair boats, but there is no storage of boats on the property; that the Applicant intends to have no more than five employees at the property at any one time; that proposed hours of operations are seven days per week with hours Monday through Saturday from 8:00 a.m. to 5:00 p.m. and on Sunday from 9:00 a.m. to 2:00 p.m.; that the Applicant removed this signage per the County request; that the Applicant seeks to replace his previous sign with an illuminated sign similar in size to advertise his four businesses; that there are a variety of business uses in close proximity, including retail, office and related uses; that the proposed use should be considered in character with the surrounding area due to these other uses; that the other uses in the area include produce sales, lawn care, a fire substation, churches, shopping, and boat storage; that the Applicant has not received any complaints from surrounding property owners with regard to his uses; that the proposed use should not have an adverse impact on traffic; that DelDOT did not request a traffic impact study; that a neighboring property owner has written a letter of no objection to the use; that most of the uses provided by the Applicant are seasonal uses; that the Applicant does not have any intent to expand the businesses; that a mature stand of evergreen trees exist on the site and additional evergreen trees are proposed to be planted; that the site is served by a septic system and a well; that according to the Applicant he was cited for operating businesses three times; that the existing buildings on the residential lot will convert to residential accessory uses when the project is completed; that boat repairs are performed off-site 90% of the time; that the proposed building will be used for storage of equipment related to the business uses and for marine services; that some boats will be on display for sale, and that there will not be any boat storage; that there will not be any parking in the front yard setback; that there may be a portable toilet utilized for a short time; and that . . .
P&Z Deferral again on 3/10/2011
Minutes at https://sussexcountyde.gov/sites/default/files/minutes/PZ03102011.pdf on Page 2
P&Z Approval Recommendation - 3/24/2011
Minutes https://sussexcountyde.gov/sites/default/files/minutes/pz03242011.pdf on Page 2
Council Hearing and Deferral - 3/22/2011
Minutes from Page 15 of https://sussexcountyde.gov/sites/default/files/minutes/Council%20Minutes%20032211.pdf
Council Approval - 5/10/2011
Minutes from page 16 at https://sussexcountyde.gov/sites/default/files/minutes/Council%20Minutes%20051011.pdf
---> Ordinance 2191 (3/22/2011)
https://sussexcountyde.gov/sites/default/files/LandUse/o2191.pdf
This Ordinance was adopted subject to the following conditions:
1. All parking on the site shall comply with County parking ordinances. The location of the parking areas and spaces shall be shown on the Final Site Plan.
2. The Applicant shall comply with all DelDOT requirements regarding entrances.
3. There may be one (1) lighted sign, not to exceed 32 square feet in size per side. The location of the sign shall be in accordance with County and State regulations, especially setbacks.
4. All security lighting shall be downward screened so that it does not shine on neighboring properties or roadways.
5. There shall be no vehicle or boat parking in the setback areas fronting on Route 24 or Angola Road.
6. There shall not be any off-season boat storage on the site other than boats for sale or boats that are being worked on by the Applicant's business.
7. All areas for boat sales shall be designated on the Final Site Plan.
8. No RVs or other vehicles shall be stored or sold from the site.
9. A landscaping plan for the perimeter shall be included as part of the Final Site Plan.
10. As stated by the Applicant, the hours of operation shall be from 8:00 a.m. until 5:00 p.m. Monday through Saturday, and 9:00 a.m. until 2:00 p.m. on Sundays.
11. The Final Site Plan shall be subject to the review and approval of the Sussex County Planning and Zoning Commission.
Cape Gazette: Ennis seeks county approvals
Conditional use approval would set record straight
Sussex County officials forced Dick Ennis to remove a sign in front of his home business at the intersection of Route 24 and Angola Road. He is in the process of obtaining a conditional use to continue to operate several businesses at the site – and put his sign back in place. BY RON MACARTHUR
Ron MacArthur - March 1, 2011
An area boat repairman is seeking county approval for businesses he has operated out of his home for the past 10 years – all in violation of zoning regulations.
Dick Ennis, owner of Dick Ennis Inc., appeared Thursday, Feb. 24, before Sussex County planning and zoning commissioners with his attorney, Shannon Carmean, to ask county officials to approve a conditional use application. He wants the county to allow him to continue to operate grass-cutting, power-washing, marine service and sales and construction businesses. His home, which he uses as a model home for potential construction customers, is also included on the 1.5 acres at Route 24 and Angola Road.
Without a conditional use, commercial uses are not permitted in the AR-1 or agricultural-residential zone where Ennis' property is located.
Carmean said Ennis wants to build a new 4,500-square-foot building on a vacant parcel adjacent to his house for a business office, garage and storage facilities, all under one roof.
Commissioner Mike Johnson wasted no time when it was his time to ask questions. He asked Ennis how many county code violations he had received over the past 10 years.
Ennis said he had received three violations.
“Why are you here now?” Johnson asked.
“Because of the violations; I want to make it legit,” Ennis said. “I want to keep a roof over my head and continue to work.”
Because he does not have a conditional use to operate a business in an AR-1 zone, Ennis was forced to remove a sign from the front of his property.
Johnson also asked if Ennis’ home is part of the application. Ennis said as part of his construction business, he includes tours of his modular home. “I sell one or two a year,” he said.
Johnson said Ennis' request was confusing and asked how many businesses he actually operated. Johnson called the application “clear as dishwater.”
“His business card is a little large,” said county planning and zoning Director Lawrence Lank.
Carmean said there were six letters of support in the public record. She said there would be no boat storage, but a few used boats would be for sale, on the parcel. In addition, there would be no more than five employees at one time and the hours would be 8 a.m. to 5 p.m. Monday-Saturday and 9 a.m. to 2 p.m. Sunday.
Ennis said a new building would allow him to do boat repairs on site. During the summer season, he said, he works off site about 90 percent of the time to “go where the boats are.”
When asked, Ennis said he had not met with Delaware Department of Transportation (DelDOT) officials to get an approved entrance permit.
“It might be worthwhile to have a discussion with DelDOT real quickly,” Johnson said.
Nearby resident Vic Gross questioned the county’s motives in forcing Ennis to apply for a conditional use to operate his businesses.
“We are not trying to take business away or shut him down,” Commission President Robert Wheatley responded. “There are rules and regulations at every level of government, and everyone has to abide by them.”
No one spoke in opposition to the application.