Dewey board approves one request, tables vote on another

The Dewey Beach Board of Adjustment voted unanimously Feb. 21 to approve one property owner’s requests and table a vote on another’s, citing the need to take more time before making a decision.

Attorney Hal Dukes represented homeowners Kevin and Jennifer Kaufman, who requested two variances for their property at 2000 Bayard Ave. 

One variance sought construction of a second-floor addition to extend 8-feet-11-inches into the 22-foot front-yard setback, and the other sought construction of a third-floor addition to extend 4 feet into the 22-foot front-yard setback.

Dukes said the property has flooding issues. The foundation has failed, he said, and owners want to rebuild. The variance requests don’t affect the neighborhood, he said, and removing the home’s garage will lessen the amount of ground coverage. 

Turnstone Custom Homes Preconstruction Manager Julie Clark said the house has structural defects. The new home will match the character of the neighborhood and meet FEMA requirements, she said.

The home will be 1,425 square feet when construction is complete, Clark said, noting that if the variances aren’t granted, the home would lose a bedroom and about 400 square feet of living space.

Town Building Official Daune Hinks said the home’s foundation is under peril at no fault of the property owners. The house sits in a flood zone and has experienced flooding for years, she said.

Chair Julie Johnson said the board received letters from 10 neighbors, all in support of the variance requests.

During public comment, resident Marcia Schieck spoke via Zoom to state that if the board approved the requests, it would set a precedent for others to encroach on setbacks. Schieck said the home could be lifted and built within setbacks and that there is a difference between a hardship and a personal preference.

Johnson said she states at every meeting that no application sets a precedent. All applications are unique and heard on a case-by-case basis, she said.

Town Counsel Fred Townsend said the homeowners face a difficulty in that the property is a 50-by-50-foot lot. Hinks said the property is nonconforming and has two homes on it, she said. The house to the south experienced a similar structural failure and was rebuilt, she said.

Board members noted the new construction will conform with the neighborhood, and the foundation’s structural integrity poses a difficulty in that the home cannot be raised. The decision won’t set a precedent, the board ruled, and anybody living there would have a hardship because the flooding is not their fault.

Request tabled

After much discussion on variances requested by attorney Glenn Mandalas on behalf of property owners Gary and Maisy Wooten of 1 McKinley Ave., Unit 11, the board tabled a vote, citing the need for more time before making a decision.

The owners are seeking three variances. One would permit the construction of a third-floor addition to extend 2-feet-2-inches into the 8-foot side-yard setback, another would permit the construction of a third-floor addition to extend 18-feet-7-inches into the 22-foot front-yard setback, and the third would permit the construction of a second- and third-story deck to extend 4 feet into the 8-foot side-yard setback.

Johnson said the board received 13 letters opposing the requests and three in favor from residents of the same community. The main concern is the loss of the ocean view from residents behind the unit, Johnson said.

Mandalas said he disagreed views would be affected, and said the exceptional practical difficulty standard should be applied. The requested change is minimal, Mandalas said, and the harm to the applicant if the requests are denied is greater than the effect on neighboring properties.

The townhomes were built about 1965, before zoning laws, in front of the Department of Natural Resources and Environmental Control no-build line, Mandalas said. 

The unit is already sitting within the side-yard setback and is clearly nonconforming, he said, making it difficult to make changes in compliance with current zoning regulations. Many neighboring homes are three stories with decks, he said, and the addition will comply with the 32-foot height requirement.

Several residents spoke in person and via Zoom against the requested variances. Many said their views would be impacted, which would also affect property values. Others questioned whether the changes would affect the town’s participation in the National Flood Insurance Program.

Another property owner stated the unit is used primarily as a rental, and the changes would increase occupancy, traffic flow and the likelihood of younger renters. Adding more weight to the foundation without significant structural improvements is concerning and affects all units, she said.

Johnson said the board received a lot of information and materials she would like time to digest before making a decision to be fair to applicants and residents. With all members citing concerns, the board voted to table the requests.

Townsend said the hearing is closed, so the board cannot accept additional testimony in the form of written submissions or comments, and the members cannot discuss matters among themselves. All deliberations must be in public, he said. 

The board will reconvene at 6 p.m., Tuesday, March 19, at the Lifesaving Station, 1 Dagsworthy Ave. to discuss and possibly vote to approve the three variances requested. For the agenda and Zoom link, go to townofdeweybeach.com.