The developer of the Dutchman’s Harvest affordable workforce housing community in Lewes narrowly won approval for a variance to increase the size of some buildings, while decreasing the separation between those buildings.

The 3-2 vote March 4 by the Lewes Board of Adjustment came after challenges to the board’s authority to consider the application, which was submitted by developer Preston Schell of Ocean Atlantic and Lewes Attainable Housing.

Tom Tipton, Ocean Atlantic president, testified that an unexpected demand for three-bedroom units, rather than one- and two-bedroom spaces, is driving the need for slightly bigger buildings. He said it caught them by surprise.

“More than half of the applications we’ve received are for three bedrooms,” Tipton said. “We believe that what we’re seeing is what we wanted and that is young families. They’re buying the homes and planning to stay and start their families, so they need a third bedroom.”

Tipton declined to say how many applications have been received. 

Tipton said there will now be eight additional three-bedroom units spread over four buildings.

Five of 13 buildings will be expanded by 1.5 feet on each side. That will reduce separation from 20 to 18 feet between those buildings. 

Lewes City Planner Janelle Cornwell called the proposed change a minor increase that amounted to an additional 624 square feet. She said the narrower separation between buildings still meets state fire marshal requirements.

Dutchman’s Harvest is located on Savannah Road. It will have 140 townhomes, offered below market rate, with 42 of those units deeply discounted. Of those 42, 14 will be even further income-restricted. 

As of Dec. 13, those prices were $100,000 for one-bedroom units, $150,000 for two-bedroom units and $200,000 for three-bedroom units.

The remaining 28 units will be offered as rentals. The owner of those units is yet to be determined, according to Tipton.

Mayor and city council invested $200,000 from the American Rescue Plan Act in Dutchman’s Harvest.

The developer’s variance request met with opposition from Lewes Planning Commission member Thierry Poirey and former Commissioner Bob Heffernan. They argued that the board of adjustment did not have the jurisdiction to revisit a site plan that had already been approved by mayor and city council.

“I served on the LPC when [Dutchman’s Harvest] was approved. This plot plan was already tight. We had extensive discussion on where trash receptacles would be, where parking would be. To go back and give up on all that work would be a mistake,” Heffernan said.

Poirey said that in order for the board of adjustment  to have jurisdiction, an applicant has to prove a personal hardship. He said changing the buildings would only be a hardship to the community as a whole.

“Expanding the footprint has consequences with traffic, pedestrians, open space, parking, stormwater management and fire propagation,” Poirey said. “BOA should not be a back door to revisit decisions that have been already thoroughly examined by the city council and the planning commission.”

Both Heffernan and Poirey suggested the modified site plan should be sent back to the planning commission and city council.

Board of adjustment attorney Barrett Edwards said that while the board could do that, the application would only return to the board because the board has the sole responsibility to grant variances.

Cornwell’s office will now review the modified site plan.

Tipton said construction of the first of the five expanded buildings will begin when the city gives final approval. He said that will likely be in April.

He said the first residents of the community are slated to move into the community around that time.