Court reverses Sussex board decision that allowed homeless shelter

A proposed homeless shelter near Lewes has run into a roadblock.

A Sussex County Superior Court judge has reversed a Sussex County Board of Adjustment decision allowing the shelter at the site of John Wesley United Methodist Church near Five Points.

On June 19, 2017, the board voted 3-1 to grant a special-use exception to Immanuel Shelter for a homeless shelter. The controversial vote came after lengthy testimony by area residents opposed to the shelter.

“As it stands, the only way for a homeless shelter to be established in an AR-1 zone would be via amendment to the permitted uses for a special-use exception or, potentially, for the shelter to have a rental component in its operation,” wrote Judge Richard Stokes.

The judge ruled that a homeless shelter does not fit the definition of a tourist home, the use requested by the applicant. There is no specific mention of a homeless shelter as a permitted use in AR-1 zoning.

Stokes said a tourist home is an arrangement where a resident would pay rent. “The residents of the shelter will not be required to pay rent in order to live at the shelter,” Stokes wrote.

The ruling was handed down March 28.

After the board approved the shelter last year, Lewes residents John Hartigan, Kenneth Bartholomew and John Zawislak filed lawsuits against the board, Immanuel Shelter Inc. and Faith United Methodist Church Inc.

“The court finds that the board committed legal error in granting a special-use exception to Immanuel Shelter for the operation of a homeless shelter. Therefore, the finding of the board is reversed,” the judge wrote.

Stokes said the appeals focused on whether a homeless shelter could be considered a tourist home.

Under county code, a tourist home is a dwelling having no more than six rental rooms with no cooking facilities in guest rooms. Code also includes bed and breakfasts, rooming houses, boarding houses and lodging houses in the definition of a tourist home.

Stokes noted that county code states “uses not specially listed are prohibited.”

“Despite the relatively broad interpretation given to the term, the court finds that it is simply too far a stretch to say that a homeless shelter is a tourist home,” Stokes wrote.

The main concerns expressed by residents near the church included the probability of increased panhandling near their homes, which would deter prospective home buyers and decrease property values. Residents were also concerned about increased traffic in an area already suffering from congestion.

However, testifying for the applicant, appraiser Glenn Piper said property values were unlikely to decrease after the opening of the shelter. Testimony was also offered that state transportation officials said the traffic impact from the shelter would be negligible.

During testimony at a May 15, 2017 hearing, attorney David Hutt said Immanuel Shelter's plan was to refurbish the existing Belltown church, located on a 2-acre parcel, and then build an additional building that would house 18 to 24 people.

It's the second time Immanuel Shelter has suffered a setback. On Jan. 25, 2016, the board of adjustment voted 4-1 to deny a special-use exception for a shelter on Hebron Road in West Rehoboth.

Immanuel Shelter – started in 2010 – operates a Code Purple shelter for the homeless in Rehoboth Beach from Dec. 8 to April 1. The nonprofit organization is working to establish a year-round shelter in the Rehoboth Beach area.

Church has roots back to 1873

The 41,000-square-foot church, built in 1946 with roots back to 1873, closed in 2007 and the congregation merged with two other churches into Faith United Methodist Church in Rehoboth Beach.

Church representatives said during public hearings that the congregation had voted in favor of the sale of the building because upkeep costs were becoming an issue.

Prior to the application for a homeless shelter, a local brewing company had applied in late 2016 for a conditional use to convert the church to an 8,500-square-foot restaurant and brewery. Revelation Craft Brewing Co., with a location in West Rehoboth, eventually withdrew the application.

Immanuel Shelter board weighing options

David Hutt, attorney for Immanuel Shelter issued the following statement:

“Immanuel Shelter obviously disagrees with, and is disappointed by, the Superior Court’s decision. It is another unfortunate obstacle to delivering greatly needed services in Sussex County. Immanuel Shelter’s board will be meeting in the next few days to plan its next steps, and that discussion will include weighing the costs and benefits of an appeal,” he said.