Dewey board grants reduced setback variance request
The Dewey Beach Board of Adjustment voted unanimously to approve a reduced rear-yard setback request for a property at 109 Houston St. during a Sept. 15 public hearing.
Tracey Meder, speaking on behalf of applicant Erin Meder, trustee of the Jane M. Meder Irrevocable Trust, asked for the reduction of the rear-yard setback from 12 feet to 5 feet in order to improve the home, which sits on a uniquely shaped lot.
Typical lots in Dewey Beach are 50 feet by 100 feet comprising 5,000 square feet, of which 2,380 square feet is buildable. The lot at 109 Houston is angled, comprising 3,589 square feet, of which 1,191 square feet is buildable, the variance request application states.
The building’s foundation is crumbling, Meder said; plans call for raising and repositioning the existing home, replacing the foundation and building an addition. The cost of tearing down the home and rebuilding would constitute a financial hardship, he said, and the plan is to maintain the character of the home.
In deciding whether to grant the variance, Town Counsel Fred Townsend told the board they must consider the character of the area, if a strict zoning code application creates an exceptional practical difficulty, if removing the restriction would seriously affect neighbors, and if failing to remove the restrictions would create an unnecessary hardship or difficulty for the owner in making normal improvements.
Several residents called in or emailed objections to the request, stating concerns with future building plans and saying that an irregular lot doesn’t constitute a hardship.
Board Chair Julie Johnson said the house would move closer to Coastal Highway rather than to its neighbor and that the lot’s shape creates a difficulty and hardship in making improvements.
Townsend said changing the rear-yard setback would increase the building envelope, giving owners the flexibility to make improvements. He said it is the town’s job, and not the board’s, to approve building plans.
The board will issue its written decision in 30 days, Townsend said.
