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Stingray granted permit for patio

Approval ends six year legal battle
August 23, 2016

Stingray Sushi Bar and Asian Latino Grill in Rehoboth Beach was granted a license to serve alcohol on its long-awaited outdoor patio, capping off years of legal battles to build and then serve drinks to customers on the 750-square-foot space.

At an Aug. 18 meeting before Delaware Alcoholic Beverage Control Commissioner John Cordrey in Georgetown, Stingray was granted its license after a brief 15-minute hearing. The room was empty except for the commissioner and staff and Stingray owner Darius Mansoory and general manager Maggie Morrison.

“It’s been a long time in the works. It enhances our business and we’re excited about it,” Mansoory said.

It was a somewhat anticlimatic end for a patio that has been the source of so much controversy. Stingray first sought to build the patio in 2010. The 59 Lake Ave. restaurant is a legal nonconforming structure that was grandfathered in because it predates the 1991 zoning code. City officials sent Stingray to the board of adjustment for a variance, as the patio was viewed as an expansion of the existing restaurant. Stingray’s variance request was denied; the restaurant then took the city to Delaware Superior Court, where Judge Richard Stokes overturned the board’s decision. The city appealed to Delaware Superior Court where Stokes’ ruling was upheld.

Despite the struggles with the city, Mansoory is philosophical about the situation today.

“That played itself out. It’s in the past. I’m happy to be part of the Rehoboth restaurant scene and looking forward to being there for many years to come,” he said.

In 2014, Stingray sought a license to serve alcohol on the patio, but the application was denied because the restaurant did not have a building permit from the city. However, Cordrey left the door open for Stingray to come back when it had a permit. When Stingray reapplied, Cordrey chose to have a hearing, as the original application had been protested by neighbors.

“I think it enhances the streetscape. That was the design,” Mansoory said. “We certainly want to be good neighbors. They have spoken positively. Thank you.”

Mansoory said after the original application was protested, Stingray worked with neighbors to try to minimize concerns about noise on the patio.

“I can understand the concerns. We’re happy to have it behind us,” he said.

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