Highland Acres family faces setback surprise

After years of planning an addition to their Lewes home, in January, James and Jeannie Rial were finally ready to get the project started.

A contractor was hired, the family moved to an Ocean City, Md., rental property and the family’s belongings were put into a storage unit. But when final plans were submitted to city officials for a building permit, a problem arose. 

The Rials’ property was one of 53 in the Highland Acres community to be annexed into Lewes in early 2015. Unbeknownst to the Rials, when the annexation was finalized, their home became nonconforming.

Under Sussex County code, the Rials’ home conformed to the 10-foot side-yard setback requirement in AR-1, agricultural-residential. 

But their 16,000-square-foot lot is smaller than the typical 20,000-square-foot minimum for Lewes properties zoned R-1, suburban zone. With R-1 zoning, side-yard setbacks are set at 15 feet. 

“I would say this is probably one of the more unique [cases],” said Bill Schab, the Rials’ attorney. “Had they done this addition three years ago they would’ve taken the plans into the [Sussex] building office, approved would be stamped on, and they would’ve walked out.” 

Schab argued on behalf of the Rials for the approval of variances to Lewes’ code at a board of adjustment hearing March 21. He said the only thing that has changed is a change in jurisdiction. 

When the residents of Highland Acres voted in favor of annexing into Lewes, he said, most were concerned about aging septic systems and wanted to tap into the city’s wastewater system. 

One thing most probably overlooked, he said, was the impact annexation could have on a homeowner’s ability to renovate or expand their homes. 

Prior to annexation in 2015, the Rials had hired an architect to develop a plan for their Sussex Drive home. In doing his homework, architect David Quillin reviewed the zoning map.

“One of my first steps is to do a code review,” he said.

Quillin went to the Sussex County website to search for the zoning map. It showed the property as being within Sussex jurisdiction. He then went to Lewes’ website, and there he found the same map. 

“My assumption was that it was in the county because that’s what both zoning maps showed me,” he said. “As a side note, if you look at the map today, it still shows [Highland Acres] in the county.”

Lewes Building Official Henry Baynum said the updated zoning maps are still awaiting approval from the state as part of the city’s 2015 comprehensive plan. When that is approved, the map will be updated and posted online, he said. 

Accompanying the Rials’ request to the board of adjustment were letters from the three closest neighbors, all in support of the variances. The board voted unanimously in favor of granting the variances.

“To me, it seems unjustified to not grant the variance,” said board member Jonathan Sharp.

“There is no detriment to the community,” added board member Candace Vessella.