Rehoboth board grants two variances

December 6, 2012

Meatloaf once sang that two out of three ain’t bad, and that was the case for the owners of 12 Country Club Drive in Rehoboth Beach, who were granted two of three variance requests by the board of adjustment.

The board unanimously granted owners William and Louise Markland variances to allow a shower and HVAC unit to remain in the south side yard setback and to allow new basement steps to encroach in the same setback. The house is a corner lot at Country Club Drive and Hickman Street.

However, the board unanimously denied a variance to expand a porch two feet into the Hickman Street setback, saying the porch being built in that location was a matter of personal preference not based on any hardship.

Vince Robertson, attorney for the Marklands, said the hardship was that moving the porch to a different location, would require cutting down a large magnolia tree. Building inspector Terri Sullivan said tree preservation is a justification for a variance.

The board, led by member Clif Hilderley, said the location of the porch was not dictated by the tree, but by where the homeowners wanted to put it.

The steps, shower and HVAC unit were far less controversial. Variances allowed building exterior steps for access to a renovated basement, and allow the shower and HVAC unit to continue as a legal nonconforming use.