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With a building moratorium in Dewey Beach scheduled to expire Monday, Nov. 10, Dewey Beach Lions Club representatives appeared at the Nov. 8 town council meeting with plans for a new building, hoping to win approval to move forward.
But the club’s plans were delayed as town commissioners voted 4-0 to extend the moratorium. Mayor Dell Tush did not attend the meeting.
“We’re ready to go,” said Lions Club President Ron Krajewski of the facility the club has been planning to build for seven years. Having resolved a land dispute that evolved into litigation with adjoining property owners, the club hoped to begin construction now so the building could be open to the public by summer 2009.
The Lions’ plans were delayed because the building site on McKinley Avenue, abutting John Waples Memorial Park, is zoned Resort Residential (RR). It will change to Resort Business 3 (RB3) if the town adopts its proposed new zoning code. Though the Lions have said their proposed building would be a permitted use within the proposed RB3 zone, under current zoning, the plans might require conditional-use approval before a building permit could be issued. But such approval cannot be obtained during the moratorium.
“The moratorium being in place has put us in a tight spot,” Krajewski said. “With the moratorium set to expire, we thought we had a window and went to the town commissioners seeking guidance. Now we’re just waiting for a decision.”
Commissioner Diane Hanson, who chaired the Saturday, Nov. 8 meeting in the absence of Tush, said she was pleased with the plans, and she mentioned options that might allow the Lions to proceed.
“The risk you run is equal treatment,” said Town Attorney Glenn Mandalas. Hanson suggested Krajewski ask Building Official Bill Mears if the building would require conditional-use approval.
Resident Graham Smith said the building should be built and used in accordance with the existing zoning code. The Lions could later expand its use if the code expands permitted uses at that site, he said.
Mandalas agreed that if a permitted use is found under current zoning, it would not fall under the moratorium. He also said an institutional use would require conditional-use approval under existing zoning.
At press time, Mears said he would confer with Mandalas before deciding whether the building requires conditional-use approval.
Lions not deterred
With the new zoning code slated for approval by the end of January, Krajewski remains optimistic that the Lions Club building will be completed and open before the end of summer 2009.
“It’s an exciting thing for our club,” Krajewski said.
The building is designed to provide seating for 100 people. Its floor plan includes an archive room, office, meeting room and a unisex toilet that will be barrier-free and handicapped accessible for use by people on the playground.
In response to Dewey Beach resident Mary Nelson’s question whether the bathroom would be available for the general public, Krajewski said the bathroom is intended for use by children and families using the park.
“We don’t want to be the one public bathroom for Dewey Beach,” Krajewski said.
When Hanson asked if the building would be rented for weddings, Lions Vice President Rick Solloway said that is not the club’s intention, but the club wants to do whatever it is allowed to do. Future plans include the addition of a kitchen and banquet area.
Hearing set Dec. 6 on zoning code
Dewey Beach town commissioners unanimously extended the town’s building moratorium through Monday, Jan. 12. The four commissioners present at the Saturday, Nov. 8 meeting, Diane Hanson, Rich Hanewinckel, Marc Appelbaum and Marty Seitz, agreed the moratorium should be extended to allow the town time to finalize and approve its new zoning code.
The moratorium precludes all building applications that require review or approval by the town’s board of adjustment, planning and zoning commission or town commissioners. Included are minor and major subdivision applications, conditional-use site-plan applications, and other residential and commercial land development.
Excluded from the moratorium is an application for a variance or special exception based on a disability of a homeowner or resident, as required by the Americans With Disabilities Act.
Building permits can also be issued for proposed construction that complies with the existing zoning code. Building Official Bill Mears said plans for single-family homes that comply with existing code would fall within that category.
Having substantially completed their review of the new zoning code on Nov. 8, the town commissioners scheduled a public hearing regarding all aspects of the code to begin at 1 p.m. Saturday, Dec. 6, at the Lifesaving Station located at 1 Dagsworthy Ave.
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