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Record of Proceedings

Milford Board of Adjustment Approves Three Variances on September 10, 2026

Board of Adjustment — Thursday, September 10, 2026
BodyMilford, Delaware
SessionBoard of Adjustment
DateThursday, September 10, 2026
StatusFILED
Video Record
0:00 / 40:26

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Speaker numbers apply only to this recording.

Speaker 1

0:00

Meeting to order.

0:01

The first item is the open public comment period for items that are not on the agenda.

0:07

Has anyone signed up?

Speaker 2

0:09

There's one gentleman signed up, but I think is he signed up, but he has an agenda item, so it's for Mr.

0:16

Lesnar.

0:17

So, but there's no one else signed up.

0:18

I don't know

Speaker 3

0:19

if there's anyone online.

0:22

Is there anyone online who wishes to make a general comment before the meeting begins?

0:26

Please raise your

Unassigned speaker

0:28

hand.

Speaker 3

0:29

There's nobody coming forward.

Speaker 1

0:33

All right.

0:35

Start into the regular meeting, please rise and we'll please allegiance.

0:58

We do have a full quorum today with uh Mr.

1:02

Wiley.

1:02

He's joining us online.

1:07

Do we have the previous minutes?

Speaker 4

1:10

We

Speaker 1

1:10

do not have any other previous minutes.

1:12

So we'll move right into the public hearings.

1:16

The first application is Tellos Properties 606 Northwest Front Street.

1:25

When Mr.

1:26

Pierce is ready, he'll explain the applicant's request.

Speaker 3

1:30

This application begins on page five of your packet.

1:38

This is application BOA-374-2026 T Lowe's properties.

1:44

This is a uh variance application for a property that's zoned R3, garden apartment and townhouse district,

Unassigned speaker

1:50

uh

Speaker 3

1:51

located along the south side of Northwest Sixth Street, uh, between Truett Avenue and West Street.

1:56

The applicant's proposing to construct a single family detached dwelling on an existing parcel as shown on the provided survey.

2:03

In order to construct a dwelling as shown,

Unassigned speaker

2:05

uh

Speaker 3

2:05

the applicant has to obtain the following variances from the board.

Unassigned speaker

2:10

The

Speaker 3

2:11

first variance is from chapter 230-11, paragraph D1D, which states the minimum front yard setback line shall be 30 feet.

Unassigned speaker

2:18

The

Speaker 3

2:19

applicant seeking a reduction in the front yard setback along Northwest Sixth Street from 30 feet to 1.9 feet, resulting in a 28.1 foot reduction in the front yard setback requirement.

2:31

The second variance is from chapter 230-11, paragraph D1F, which states the minimum rear yard setback shall be 15 feet.

Unassigned speaker

2:39

Uh

Speaker 3

2:39

for corner lots, the rear yard may be reduced 20% in depth to allow for skewing of a residential dwelling on a lot.

2:47

The applicant seeking a reduction in the rear yard setback from 15 feet to 5 feet, resulting in a 10 foot um a reduction in the rear yard setback of 10

Unassigned speaker

2:55

feet.

Speaker 3

2:57

The third variance is from chapter 230-11, paragraph D1E, which states side yards shall be provided as follows.

3:04

Each lot shall have a at least two side yards, eight feet in width.

3:09

Um except for semi-detached structures, which shall have at least one side yard, eight feet in width.

Unassigned speaker

3:16

The

Speaker 3

3:16

applicant seeking a reduction in the western side yard setback from eight feet to five feet, resulting in a side yard that is three feet less than what is required by the city's code.

3:26

The last variance that's being sought is from chapter 230-11, paragraph D1B, which states the maximum lot coverage shall be 40%.

3:35

The applicant seeking permission to increase the maximum lot coverage from 40% to 65%, resulting in a lot coverage that is 25% greater than what is um permitted by the zoning ordinance.

3:47

Section two of the staff report provides staff's analysis and the applicants' responses to the four criteria used to evaluate area variances for each of the requests.

4:00

We have a location and zoning map, which shows the property along um the south side of Northwest Sixth Street.

4:07

Um the applicants provided a house placement survey um dimensioning and showing the the location of the proposed structure and its setbacks from the property lines.

4:19

Um we also have a narrative from the applicant and a presentation that they

Unassigned speaker

4:24

will

Speaker 3

4:24

uh go over here in a as part of their present uh presentation.

4:30

We have a copy of the zoning code at the end of the packet material highlighting the sections are seeking a variance from, and we also have a copy of the public notice.

4:39

Uh the public notice was advertised in the Daily State News on August 21st, 2026, and all properties within 200 feet were mailed a copy of the public notice for this morning's meeting, and the property is posted with a public notice signed to meet our advertising requirements.

4:54

Uh so with that, I'm available to answer any questions and the applicants here to go over the request.

Unassigned speaker

5:10

All

Speaker 1

5:10

right, someone here on behalf of the applicant.

Discussion Breakdown — Share of Meeting
Land Use Regulation█████████████████████████████████████████████77%
Procedural████6%
Affordable Housing███5%
Public Engagement███5%
Engineering And Infrastructure██4%
Transportation Safety██3%
Summary of Proceedings

Milford Board of Adjustment Public Hearing Summary – September 10, 2026

The Milford Board of Adjustment met on September 10, 2026, with a full quorum, and held public hearings on three variance applications. Staff reported that for each hearing, notice was published in the Daily State News on August 21, 2026, mailed to property owners within 200 feet, and posted on the property. The board unanimously granted all three variances and also approved two findings of fact. No previous meeting minutes were presented for approval.

Public Comments & Testimony

  • Heidi Barnhart, who said she owns and lives at 513 Truett Avenue, submitted a letter about the Tellos Properties application. Her only concern was that she could not discern the parking plan; she said street parking would be dangerous and could impede emergency vehicles, trash collection, delivery, snow removal, and travel by residents. Staff and the applicant responded that the plan includes two off-street parking spaces.
  • Julie Morris spoke on the Baltimore Air Coil application. She said she thought the pavilion was great for staff but questioned the large increase in impervious surface and why it needed to be that large. She also noted that Baltimore Air Coil is renewing its industrial stormwater discharge authorization through DNREC and asked how the new impervious structure would affect Milford's water quality.
  • No public comments were offered for the Timothy Lesnar application.

Application BOA-374-2026: Tellos Properties

Kyle Nichols, representing Tellos Properties, requested variances to build a single-family detached home on a nonconforming R3-zoned lot along the south side of Northwest Sixth Street between Truett Avenue and West Street. The applicant sought four variances:

  • Reduce the front yard setback along Northwest Sixth Street from 30 feet to 1.9 feet, a 28.1-foot reduction.
  • Reduce the rear yard setback from 15 feet to 5 feet, a 10-foot reduction.
  • Reduce the western side yard setback from 8 feet to 5 feet, a 3-foot reduction.
  • Increase maximum lot coverage from 40% to 65%, a 25-percentage-point increase.

Nichols said the hardship is that the existing lot is nonconforming and zero square feet of it would conform to current building code setbacks. He described a two-story house of 26 by 28 feet with a first floor of about 700 square feet, a 10 by 36 foot driveway to meet the minimum two-space parking requirement, and a side deck to provide two points of egress. The target sales price was about $290,000, with three bedrooms and two and a half baths. Board discussion addressed the deck's encroachment; the applicant said a crawl-space foundation requires a landing, so the deck could be shortened but probably not eliminated. Mr. Wiley commented that the applicant had done a responsible job of choosing the minimum footprint for the legal nonconforming lot. All four variances were approved unanimously.

Application BOA-380-2026: Baltimore Air Coil Company

Jonathan Richard of Beckhamorgan Group, on behalf of Baltimore Air Coil Company, requested a variance to build an 828-square-foot employee pavilion in the front yard of the industrial property at 1162 Holly Hill Road, zoned I2. The only variance sought was from the code requirement that accessory structures be located in side and rear lot areas. Richard explained that the site is largely paved and used for material storage and truck transport, is secured by a fence, and the only available green space within the secured area is in front. The pavilion would be screened by existing trees from Holly Hill Road. A board member said the location made sense and was a safety issue because employees would not have to walk near truck and loading areas. Julie Morris raised environmental concerns about impervious surface and stormwater; after the hearing, the board unanimously granted the variance.

Application BOA-387-2026: Timothy Lesnar

Timothy Lesnar requested a variance to install a five-foot-tall fence in the front yard of a corner lot at 1 East Thrush Drive in an R1 district. The code limits front-yard fence height to 3.5 feet, so the request was a 1.5-foot increase. He proposed an 8-foot panel, a 5-foot gate, and another 8-foot panel toward Meadowlark Drive, then the fence would run straight back. Lesnar stated the HOA approved the fence, he has a German Shepherd, the fence is not solid and has three-quarter-inch gaps, and it is intended to keep the dog safely contained. Staff noted that moving the fence back from Meadowlark Drive would still leave it in the front yard and would reduce the fenced backyard by about 21 feet; Lesnar said the fence would still be about 30 feet from the street. Board discussion referenced the corner lot's two front yards. No public comments were made. The board unanimously granted the variance.

Findings of Fact and Adjournment

Following the public hearings, the board found no unfinished or new business. It approved findings of fact for application 371-2026, identified as the Walmart application, and application 373-2026, identified as a Tellos Properties application similar to the one heard today. The board then adjourned.

Key Outcomes

  • Granted all four requested variances in BOA-374-2026.
  • Granted the requested variance in BOA-380-2026.
  • Granted the requested variance in BOA-387-2026.
  • Approved findings of fact for applications 371-2026 and 373-2026.
  • Adjourned without further business.

Meeting Transcript

Meeting to order. The first item is the open public comment period for items that are not on the agenda. Has anyone signed up? There's one gentleman signed up, but I think is he signed up, but he has an agenda item, so it's for Mr. Lesnar. So, but there's no one else signed up. I don't know if there's anyone online. Is there anyone online who wishes to make a general comment before the meeting begins? Please raise your hand. There's nobody coming forward. All right. Start into the regular meeting, please rise and we'll please allegiance. We do have a full quorum today with uh Mr. Wiley. He's joining us online. Do we have the previous minutes? We do not have any other previous minutes. So we'll move right into the public hearings. The first application is Tellos Properties 606 Northwest Front Street. When Mr. Pierce is ready, he'll explain the applicant's request. This application begins on page five of your packet. This is application BOA-374-2026 T Lowe's properties. This is a uh variance application for a property that's zoned R3, garden apartment and townhouse district, uh located along the south side of Northwest Sixth Street, uh, between Truett Avenue and West Street. The applicant's proposing to construct a single family detached dwelling on an existing parcel as shown on the provided survey. In order to construct a dwelling as shown, uh the applicant has to obtain the following variances from the board. The first variance is from chapter 230-11, paragraph D1D, which states the minimum front yard setback line shall be 30 feet. The applicant seeking a reduction in the front yard setback along Northwest Sixth Street from 30 feet to 1.9 feet, resulting in a 28.1 foot reduction in the front yard setback requirement. The second variance is from chapter 230-11, paragraph D1F, which states the minimum rear yard setback shall be 15 feet. Uh for corner lots, the rear yard may be reduced 20% in depth to allow for skewing of a residential dwelling on a lot. The applicant seeking a reduction in the rear yard setback from 15 feet to 5 feet, resulting in a 10 foot um a reduction in the rear yard setback of 10 feet. The third variance is from chapter 230-11, paragraph D1E, which states side yards shall be provided as follows. Each lot shall have a at least two side yards, eight feet in width. Um except for semi-detached structures, which shall have at least one side yard, eight feet in width. The applicant seeking a reduction in the western side yard setback from eight feet to five feet, resulting in a side yard that is three feet less than what is required by the city's code. The last variance that's being sought is from chapter 230-11, paragraph D1B, which states the maximum lot coverage shall be 40%. The applicant seeking permission to increase the maximum lot coverage from 40% to 65%, resulting in a lot coverage that is 25% greater than what is um permitted by the zoning ordinance. Section two of the staff report provides staff's analysis and the applicants' responses to the four criteria used to evaluate area variances for each of the requests.

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