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The developer planned to use 67 acres of the parcel and donate the difference to the Brandywine School District, but the area that would be donated includes one of the exit points to Shipley Road that the parcel for development would require. The total parcel of land is about 110 acres. Tracey said this plan provides the opportunity for the Brandywine School District, at no cost to taxpayers, to obtain a large portion of property to facilitate the construction of an Early Learning Center. “What matters is if you believe that the result would be unjust.”Īdditionally, Mr. “It doesn’t matter whether you believe we failed to meet one of five criteria or all five criteria,” he said. Tracey said, however, that the council retains the authority to grant the variance by concluding the denial will lead to an unjust resolve. The board has to find all standards in order to approve subdivision variants, but Mr. Garcia-Domenech, from the NCC Office of Law, went through several different substandards that are required for variance requests. “We presented evidence from DelDOT’s traffic engineers as well as the fire marshal that the proposed design did not present a safety concern and did not cause level of service concerns,” Mr. He said in regards to the variance standards themselves, there was no indication that access for emergency vehicles would be compromised. John Tracey, the developer’s legal representative from Young Conaway Stargatt and Taylor LLP, responded to several of the points raised by the board in opposition to the brief that was filed.
#New castle county parcel code
202.ĭocumentation from the appellant states a belief that the plan, as designed, complies with the Unified Development Code, that the planning board erred in its review of the matter and application, and the strict application of the code to the plan of Brandywine Country Club would cause an “unjust result.”
The developer could reduce the number of dwellings to 300 to avoid building the second entrance and exit on U.S. With a density of 365 total units, unless the board approved a variance, the county would require the developer to build a second entrance and exit on Shipley Road, which the developer does not plan to do. The project originally proposed to build 41 single-family homes, 24 townhouses and a 300-unit apartment complex on the site of the former golf club between Shipley Road and U.S. The planning board previously stalled the Brandywine Country Club project in late October due to density and traffic concerns. Thus, the New Castle County Planning Board’s decision to deny the request was upheld. NEW CASTLE - New Castle County Council was split in a decision to approve or deny a variance request appeal from Shipley Road Investments LLC on Tuesday afternoon, but a total vote of six in favor and six against, with one absent, resulted in a failure for the appeal.
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