Dewey Board of Adjustment approves residential request

A homeowner seeking two setback variance requests received approval from the Dewey Beach Board of Adjustment Dec. 7.

Attorney Hal Dukes represented homeowners Jeremy and Robin London of 13 and 15 Chicago St. in Sea Gate Village. Building official Daune Hinks said the unit was a duplex and is now a single dwelling.

The owners requested permission to extend a multi-level porch and deck structure 8 feet into the 20-foot front-yard setback and permission to allow a proposed hot tub to extend into the 20-foot front-yard setback.

A survey showed the west side of the house is 20 feet from the property line and the east side is 19-feet-7-inches from the property line, Hinks said. Setbacks are taken from the property line, she said, and the proposed porch on the south side of the home would come out 8 feet in the direction of the street. 

In this zone, she said, the rear- and side-yard setbacks are 12 feet, and the street setback is 20 feet.

Robin London said daytime sun and nighttime bugs make it difficult to enjoy the outdoors in the summer. A covered deck would provide more space for her family and help protect her middle child, who has special needs, from the heat, she said. The proposed hot tub would calm her child when she feels anxious, she said.

The structure is 8 feet deep and doesn’t run the entire width of the building, said Town Counsel Fred Townsend, noting it is 12 feet from the existing wall. It meets the requirement of a rear yard, he said.

During public comment, a neighbor said he was confused whether the request was for a front- or rear-yard setback. Townsend said they were built before setback regulations were put in place and are not affected. Another neighbor said he did not oppose the request, but he thought the setback encroachment was significant. He said he was concerned about setting a precedent.

Board Chair Julie Johnson said the board evaluates each request on its own merits, and that no decision sets a precedent for future decisions. She noted she received three letters from Sea Gate Village residents, all in support of the request.

A motion to approve the request passed 4-1, with member David Shuey voting against. Shuey said the request would affect neighbors, and he did not see an exceptional practical difficulty. Other members said the request would not have an impact on neighbors and would not affect parking, and Johnson said she was swayed because of the daughter’s special needs.

Regarding the hot tub extension into the setback, Shuey said the request was not consistent with the nature of the street and would have a negative impact. 

Townsend said the request is not consistent with this or any other neighborhood. Town zoning code does not prohibit pools or hot tubs in the front yard, he said. Hinks agreed, stating pools or hot tubs just can’t be in the setback.

A motion to approve the request passed 3-2, with Shuey and member Randy Wise voting against.