Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning CU2476 Masonry topic
No spam. Unsubscribe anytime.
Council approves masonry business conditional use in Sussex County after removing gate relocation requirement
Summary
Council approved conditional use CU2476 for a masonry business on a 5.37‑acre AR‑1 parcel near Georgetown, deleting a Planning & Zoning condition requiring gate relocation (condition F) after applicant proposed removing the gate after the first building is constructed.
Sussex County Council voted to grant conditional use CU2476 for a masonry business on a 5.37‑acre parcel along Hard Scrabble Road in Georgetown and amended the Planning & Zoning Commission's conditions by deleting condition F, which had required relocating an on‑site gate for ingress and egress safety.
Attorney James Churchman, representing the applicants, told council the masonry use would provide storage and administrative space for about 30 employees and summarized site features and hours of operation. He quoted county code and the Delaware case Gibson v. Sussex County Council to say that, if the application meets code requirements, a presumption favors conditional use approval. Churchman proposed revising condition F to instead require that "the gate itself will be removed after construction of the first building." The applicant, Richard Gettner Jr., said the gate is used for nighttime security and that he plans a fenced area attached to the first building for long‑term security.
Engineer Roger Gross said agency approvals (fire marshal, DelDOT, stormwater) remain pending and estimated about six months to secure agency approvals and finalize the site plan. Councilors raised concerns about interim traffic safety if the gate remained in its current position and discussed whether moving the gate back 80 feet would address safety issues. Council also noted condition G requires compliance with DelDOT standards.
After discussion, a council member moved to remove condition F from the conditional‑use approval; the amendment passed. The council then voted to adopt CU2476 as amended (conditions A–M with deletion of F). Several council members said they voted yes based on Planning & Zoning's reasons and the testimony heard at the hearing.
The approval permits the masonry business conditional use with the Planning & Zoning Commission's recommended conditions except for the deleted gate relocation requirement. Applicant representatives said they will proceed to secure agency approvals and complete any required site‑plan steps before building.
