Board of Adjustment v. Henderson Union Ass'n

This is an appeal from a decision of the Superior Court reversing an order of the New Castle County Board of Adjustment granting a variance. We affirm.

I

Tri-Dale, Inc. (respondent) proposes to develop a 180-acre parcel of land in New Castle County with single family dwellings. The land is zoned R-2, which requires a minimum lot size of one-half acre (21,780 square feet). Respondent applied to the Board of Adjustment for a variance authorizing it to cluster the. dwellings on lots ranging in area from 14,000 to 21,600 square feet; it proposes to dedicate 34 acres (19% of the total land area) to…