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Record of Proceedings

City of Milford Board of Adjustment Meeting - December 11, 2025

Board of Adjustment — Thursday, December 11, 2025
BodyMilford, Delaware
SessionBoard of Adjustment
DateThursday, December 11, 2025
StatusFILED
Video Record
0:00 / 42:42

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:02

Meeting to order.

0:04

We'll go to the public comment period first before we go into the regular meeting.

0:10

Has anyone signed up?

0:11

Or is there anyone online?

Speaker 2

0:15

Anyone online wish to make a comment in the general statement period?

0:20

Please raise your

Unassigned speaker

0:21

hand.

Speaker 2

0:26

Nobody's coming forward.

Speaker 1

0:29

Okay.

0:29

Seeing no one will close the public comment.

0:32

We'll go into the regular meeting.

0:35

Let's rise and pledge allegiance.

Unassigned speaker

0:58

All

Speaker 1

0:58

right, we do have a full board members.

1:00

All our board members are here and the city attorney.

1:03

So we can move right into the um approval of the previous minutes.

1:08

Do we have a motion to approve them?

1:12

Do we have the minutes?

1:14

Okay.

1:15

Not in the packet.

1:16

We'll move on to the public hearing.

1:19

The first item on the public hearing is the reserves at Herring Branch.

1:25

Mr.

1:25

Pierce will explain the applicant's request.

Speaker 2

1:29

Yes, so before I get started, I just want to have the solicitor go over the public hearing procedures.

Speaker 3

1:44

Yes, this is the time set aside for public hearing.

1:46

I'm going to review the procedure to be filed for each of the hearings.

1:51

When the Board of Adjustment holds a public hearing on a zoning application, they engage in alleged slave process.

2:29

Public comments made on the basis of bias and stereotype concerning people within those protected classes will not be taken into consideration by the Board of Adjustment.

2:38

After each application has been announced, uh planning director Rob Pierce will review with the Board of Adjusting the pending application.

2:45

The applicate applicant and any witnesses it may have will then be called to present and explain the application with reasons supporting for its approval.

2:55

The Board of Adjustment will have an opportunity to ask questions of the applicant or witnesses.

2:59

We ask the applicant to limit the presentation to 15 minutes, though leeway will be given if it's a detailed and complicated matter.

3:07

After the applicant's presentation, persons who are in favor of the application, and then those who oppose the application will be given an opportunity to speak, followed by anyone who may have comments in general.

3:18

We ask anyone speaking at these times to limit comments to three minutes.

3:28

There will be no rebuttal by the applicant and the public hearing will be closed unless the board of adjustment wants answers from any speaker on a question that rises during the hearing.

3:37

Further applicant will not be allowed to question persons who speak in opposition.

3:41

Persons who speak in opposition will not be allowed to question the applicant or its witnesses.

3:46

All questions should be directed to the chairperson of the board of adjustment.

3:51

If you intend to speak, please come to the front and stand at the podium, state your name and home address before you make your statement.

3:57

Because there may be number of people speaking.

4:01

Again, uh keep your uh statements concise.

4:04

If you represent or speak for a group or organization, please identify when you uh whom you represent.

4:10

If you make your statement, please be uh concise and and not repeat yourself.

4:14

There's more than one person in favor of the application or more one person in opposition.

4:19

Please do not repeat points that a prior speaker has already stated.

4:22

However, you may make a statement to support another speaker's comment.

4:26

Have your thoughts organized because you will only be permitted to speak one time unless being asked to answer a question.

4:32

All persons in the tenants should conduct themselves in an orderly fashion.

4:35

No applause, no cheers, no jeers, or other disruptive behavior that will prolong the hearing or negatively affect the record being made.

4:43

If you have a cell phone, page or beeper or other device with you, please make sure it's turned off or silent.

4:49

At the conclusion of the public hearing, the Board of Adjustment will take the application under consideration and may either prove it tonight or may defer it to a later date.

Unassigned speaker

5:00

Umce this is being conducted as a virtual online hearing, we ask uh to check to see if anyone joining remotely has a comment as well.

Speaker 3

5:07

That's all the rules, and I turn it back over to you, gentlemen.

Unassigned speaker

5:11

All

Speaker 2

5:12

right, thank you, solicitor.

5:13

Um beginning on page four of your packet is the um application.

5:18

It's BOA-223-2025 reserve at Herring Branch.

5:22

This is a variance application for a property that's zoned R3 guard apartment and townhouse district.

Unassigned speaker

5:28

Uh

Discussion Breakdown — Share of Meeting
Planning and Zoning█████████████████████████████████████████████59%
Public Safety███████████15%
Procedural███████████14%
Affordable Housing███████9%
Public Engagement██3%
Summary of Proceedings

City of Milford Board of Adjustment Meeting - December 11, 2025

The City of Milford Board of Adjustment met at 10:00 AM on December 11, 2025. The primary action was a public hearing and vote on a height variance application for the Reserves at Herring Branch multifamily apartment project. The board also approved findings of facts for two prior applications. The meeting began with a general public comment period with no speakers.

Public Hearing: Reserves at Herring Branch (BOA-223-2025)

  • Applicant's Request: Tim Metzner (Davis Bone Perdell) and owner John Rathfon (Metropolitan 2 LLC) requested a variance from Chapter 230-11 D7 to increase the maximum building height from 35 feet to 39.5 feet in the R3 Garden Apartment and Townhouse District. The property, formerly Phase 4 of the Milford Ponds PUD, had previously allowed heights of 48‑50 feet. A 2022 code change redefined building height measurement (from the underside of the uppermost story to the average between eave and ridge), making the 35-foot cap more restrictive. The applicant argued that reducing interior ceiling heights (from 9 feet) or switching to a flat roof would degrade quality and be inconsistent with adjacent PUDs. They cited hardship due to significant investment in design before the height limitation was clarified.
  • Staff Analysis: Planning Director Rob Pierce noted that the final site plan was approved before the height issue was identified. The property is now a standalone project subject to R3 zoning. Neighboring PUDs (Simpson’s Crossing, Milford Ponds) still permit 48‑50 foot heights.

Public Comments & Testimony

  • Julie Morris (210 East Street) submitted a letter read into the record. She expressed concern that fire ladders and standpipe requirements may not be adequate for a 39.5‑foot roof line and argued the hardship was self‑created (a design preference, not an exceptional difficulty). She requested the board either deny the variance or defer action for a fully informed public review.
  • Dawn Tom Zach (5 Lindstone Lane) agreed with Ms. Morris and stated that developers should verify regulations before purchasing property.
  • Trish Marvel (6525 Shawnee Road) asked for clarification from city staff on fire department capabilities and code compliance to ensure an informed decision.
  • The chairman and Mr. Pierce clarified that building permits would require state fire marshal approval (including hydrants and standpipes) and that the height definition change made the code more restrictive than before.

Board Discussion

  • Board members (Ron Rizzo, Wiley, Mascola, White, Worfle) questioned ceiling heights, roof pitch, and the nature of the hardship. Mr. Rizzo noted that even 8‑foot ceilings would not permit the desired roof pitch under the current height limit. Mr. Pierce explained that the city had received a grant to study zoning reform, including building height, and that this issue would be reviewed in 2026.
  • The board concluded that the 4.5‑foot increase (≈10% over code) was modest, would not negatively affect the neighborhood (given surrounding PUD heights), and would allow a better-quality product. The complexity of the zoning history was considered a contributing hardship.

Key Outcomes

  • Height Variance Granted (5‑0): Motion by Mr. Rizzo, seconded by Mr. Wiley. All members voted to approve, citing the modest increase, the benefit of maintaining 9‑foot ceilings and a pitched roof, and the unusual circumstances of the zoning change.
  • Approval of Findings of Facts (unanimous):
    • Application 188‑2025 (609 Won at LLC)
    • Application 186‑2025 (11 South DuPont Properties LLC)
  • The meeting was adjourned after a brief announcement about the 2025 city holiday party.

Meeting Transcript

Meeting to order. We'll go to the public comment period first before we go into the regular meeting. Has anyone signed up? Or is there anyone online? Anyone online wish to make a comment in the general statement period? Please raise your hand. Nobody's coming forward. Okay. Seeing no one will close the public comment. We'll go into the regular meeting. Let's rise and pledge allegiance. All right, we do have a full board members. All our board members are here and the city attorney. So we can move right into the um approval of the previous minutes. Do we have a motion to approve them? Do we have the minutes? Okay. Not in the packet. We'll move on to the public hearing. The first item on the public hearing is the reserves at Herring Branch. Mr. Pierce will explain the applicant's request. Yes, so before I get started, I just want to have the solicitor go over the public hearing procedures. Yes, this is the time set aside for public hearing. I'm going to review the procedure to be filed for each of the hearings. When the Board of Adjustment holds a public hearing on a zoning application, they engage in alleged slave process. Public comments made on the basis of bias and stereotype concerning people within those protected classes will not be taken into consideration by the Board of Adjustment. After each application has been announced, uh planning director Rob Pierce will review with the Board of Adjusting the pending application. The applicate applicant and any witnesses it may have will then be called to present and explain the application with reasons supporting for its approval. The Board of Adjustment will have an opportunity to ask questions of the applicant or witnesses. We ask the applicant to limit the presentation to 15 minutes, though leeway will be given if it's a detailed and complicated matter. After the applicant's presentation, persons who are in favor of the application, and then those who oppose the application will be given an opportunity to speak, followed by anyone who may have comments in general. We ask anyone speaking at these times to limit comments to three minutes. There will be no rebuttal by the applicant and the public hearing will be closed unless the board of adjustment wants answers from any speaker on a question that rises during the hearing. Further applicant will not be allowed to question persons who speak in opposition. Persons who speak in opposition will not be allowed to question the applicant or its witnesses. All questions should be directed to the chairperson of the board of adjustment. If you intend to speak, please come to the front and stand at the podium, state your name and home address before you make your statement. Because there may be number of people speaking. Again, uh keep your uh statements concise. If you represent or speak for a group or organization, please identify when you uh whom you represent. If you make your statement, please be uh concise and and not repeat yourself. There's more than one person in favor of the application or more one person in opposition. Please do not repeat points that a prior speaker has already stated. However, you may make a statement to support another speaker's comment. Have your thoughts organized because you will only be permitted to speak one time unless being asked to answer a question. All persons in the tenants should conduct themselves in an orderly fashion. No applause, no cheers, no jeers, or other disruptive behavior that will prolong the hearing or negatively affect the record being made.

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