Hearing set on Rehoboth zoning ordinances
Rehoboth officials are set to close loopholes in the zoning code revealed when plans for the 63-unit BeachWalk condominium were proposed. A hearing on new regulations is set Friday, Oct. 21.
One proposal would allow only one single-family detached home on a lot, no matter the size of the lot. A second ordinance concerns access to a public street.
Both ordinances came about as a result of BeachWalk, a condominium development on a 7.75-acre lot on Route 1 currently occupied by the Rehoboth Beach Plaza shopping center.
Building inspector Dam Molina originally denied BeachWalk’s plans, ruling that no more than one building can be built on a lot. Molina based his ruling on a footnote in the R-1(S) section of the code. However, BeachWalk argued that its property is zoned commercial, which is subject to R-2 regulations, where the footnote is not included. The city board of adjustment later overturned Molina’s decision, saying the code was ambiguous. Mayor Sam Cooper said the ordinance clarifies the code so that the one home per lot rule applies to all zoning districts.
The second proposed ordinance would require the primary entrance to any one-or-two family home to be within 100 feet of a public street. BeachWalk has proposed closing access to the property at Route 1; southbound cars would instead make a U-turn and then turn right onto Terrace Road to enter the development. BeachWalk’s plan has drawn strong criticism from residents of Terrrace Road and local legislators including Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach.
At the commissioners’ Sept. 16 meeting, Commissioner Paul Kuhns asked City Solicitor Glenn Mandalas whether the ordinances would apply to BeachWalk now. The project is undergoing site-plan review by the planning commission. Mandalas said the new rules “probably would not” apply to Beach Walk, unless their plans were deemed a subdivision - a question currently before the planners - and resubmitted.
The planners will resume discussion of BeachWalk in October. Legal briefs regarding whether BeachWalk constitutes a subdivision were due in September. BeachWalk was proposed as a condominium project with 58 single-family units and five multifamily units, but if it is found to be a subdivision, it would have to comply with city regulations regarding setbacks and street size.
