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The Dewey Beach commissioners have accepted a report by the planning and zoning commission recommending not to accept ordinances that would relax height standards for construction of a resort complex in the town’s commercial center.
The planners voted unanimously to make a recommendation to the council to keep the height limit for new construction at 35 feet. A lack of proper notification left the commissioners unable to vote to accept the recommendations made by the planners and scrambling for another option. So instead of voting on the recommendations made by the planning and zoning commission Saturday, Oct. 20, the vote made by the board was to accept the report made by planning Chairman Harry Wilson. According to Town Attorney John Brady, the unanimous vote to accept the report made by Wilson fulfilled all obligations of the town charter. That document stipulates the planning and zoning commission has 60 days to file a report to the council. If a report is not filed, it is deemed a recommendation of approval.
At their Saturday, Nov. 10, meeting, the commissioners will discuss and vote regarding the recommendations made by the planners. The council will also vote on an ordinance that would eliminate the 60-day rush in which the planners have to file reports to the council.
The planning commission voted Friday to recommend the board reject the proposal made by Harvey Hanna by a unanimous vote of the planners who were present. George Metz was absent, but Chairman Harry Wilson, David King, Jim Dedes, Carol Ann Dryer, Faith Duncan and Ed Beste voted to shoot the ordinance down. The planners held a string of meetings and workshops in the past months and any planners who missed meetings said they listened to the tapes of the meetings. Duncan missed several meetings and said she spent several hours Thursday listening to the tapes at town hall.
On Saturday during his report to the council, Wilson cited many reasons why the proposal doesn’t make it. Wilson said the ordinances didn’t achieve the goals of the comprehensive plan and could introduce new discrepancies to the zoning code.
It would be hard to say the planners did not receive sufficient public comment. Most of the meetings over the past month included a public forum while Friday featured an hour of public comment. The voices rang out during that hour, with the vast majority against relaxing height standards. Citizens to Preserve Dewey members Marcia Schieck and Rick Judge brought their attorney Max Walton, who ironically used to work for Shawn Tucker, who represents Harvey, Hanna and Associates. Walton spoke for his allotted three minutes and said he did not feel that Harvey Hanna had grounds for a lawsuit. Intrigued by Walton’s comments, several people tried to donate their time to speak to Walton. Town attorney John Brady said he researched the issue earlier because he expected it to come up. Citing a lack of precedent, Brady did not allow the time-sharing tactics.
The proposal of a 68-foot hotel/condo hybrid – nearly twice the 35-foot height limit — by developer Harvey, Hanna and Associates in the Ruddertowne parcel had sparked debate over the past few months. The developer, who will settle on the property by the end of the October, recently offered to cut 20 feet from the structure. But the ordinance originally sent to the planners by the council on July 13 was a proposed height of 68 feet. A compromise in height has not been ruled out.
Contact Eddie Phillipps at eddiep@capegazette.com
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