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New Castle County Board of Adjustment denies two variance requests, approves two others

Board of Adjustment, New Castle County · May 14, 2026
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Summary

At its May 14 meeting, the New Castle County Board of Adjustment denied variance requests from The ReDevelopment Company and Vincent J. D’Amico III, approved amended variances for Marty Mellinger (5-1), and granted a conditional special-use permit for a training center gym (6-0).

The New Castle County Board of Adjustment met May 14, 2026, via Zoom and at the Government Center in New Castle and recorded four final actions on area-variance and special-use permit applications.

Acting Chair Cora Castle presided. The board denied two area-variance applications and approved two others, including one granted with a condition.

The board voted to deny App 2026-0155-A, submitted by The ReDevelopment Company. Acting Chair Cora Castle moved to grant the application and Mr. Mohammed Cisse seconded; the motion failed, recorded VOTE: 0-6. The board denied four area variances requested under UDC Table 40.04.110.B: to permit a 37-foot lot width where a 75-foot minimum is required; to permit a 0.16-acre lot where a 0.50-acre minimum is required; and to allow a dwelling 10 feet from the Henderson Hill Road right-of-way and 6 feet from an unnamed right-of-way where a 40-foot street-yard setback is required.

The board also denied App 2026-0248-A, the variance request of Vincent J. D’Amico III. Ms. Castle moved to grant and Mr. Chase Barnes seconded; the motion failed, recorded VOTE: 0-6. The denied variance sought permission to pave one foot from the southerly side lot line where the UDC requires a two-foot paving setback (UDC Section 40.04.110.E). The property is zoned NC6.5.

For App 2026-0236-A (Marty Mellinger), the board first voted 6-0 to amend the application to remove Variance 2 at the Department of Land Use’s request. The board then amended Variance 1, at the applicant’s request, to permit a 6,200-square-foot lot size for Lot B (where the minimum is 6,500 square feet), the amendment passing 6-0. A subsequent motion to grant the amended variances passed 5-1, with Acting Chair Cora Castle recorded as opposed. These actions were taken to facilitate recordation of a land development plan in NC6.5 zoning.

The board granted App 2025-0753-A (Training Center Gym) with a condition, passing 6-0. The action approved a Special Use Permit to add 1,750 square feet of outdoor high-intensity recreational use to a previously granted indoor high-intensity recreational use and granted area variances to maintain 0.0 bufferyard opacity where 0.2 is required and to provide 68 parking spaces where 178 are required (UDC Sections 40.03.210 & 40.03.522). The board’s condition specified the outdoor recreational area shall not extend beyond the 1,750-square-foot area depicted in the renderings submitted into evidence.

The Department of Land Use listed 6/11/2026 for further department business. No public comments or direct quotes from applicants were recorded in the minutes provided.

The Board’s recorded roll call named Herb Inden, Cora Castle (presiding), Chase Barnes, Mohammed Cisse, Keith Rolph, and Edward Thomas as the members present; Nakishia Bailey was listed absent. County staff included Daniel Murray (Office of Law) and Melissa Hughes and Klesa Achaibar (Department of Land Use).