Dewey tables vote to reduce corner-lot setbacks

Citing a need for further research, Dewey Beach commissioners tabled a measure that would nearly cut in half side-yard setbacks on corner lots in the town’s north end.

Dewey’s planning and zoning commission voted 4-1 in October to recommend reducing the setbacks from 15 feet to 8 feet in the Neighborhood Residential Zone. Planning and zoning Commissioner Rick Judge said the only safety issue found was an overgrowth of shrubbery on state right-of-way.

But some residents disagreed, stating reduced side-yard setbacks in Dewey’s lowest-density district would allow bigger houses to be built on Bayard and King Charles avenues, causing visibility issues.

Judge said planning and zoning commissioners thought corner lots were unduly subjected to restrictions. “And, an extra 7 feet of building does not increase density,” he said.

Property owner Marcia Schieck said she owns three corner lots in the north end she plans to develop.

“An additional 8 feet will allow me to build a modern, one-story structure with enough living space that also preserves the character of homes in the north end,” she said.

Several residents spoke against the change. Cooke said town commissioners received 35 emails from residents: one for the change, one seeking more information and the remainder against changing setbacks.

“There’s a reason for our zoning laws,” said Steve Hayes, who said the change would not prevent the construction of two-story homes in the NR Zone. “If the state decides to widen the road and put in sidewalks, there would indeed be a canyon effect.”

Gary Talley said Dewey’s property values are about 25 percent less than comparable homes in Rehoboth, representing a loss of hundreds of millions of dollars.

“It is very important that people who are speaking disclose their interest, especially conflicts of interest,” he said. “Some represent huge financial interests.”

Commissioner Dale Cooke agreed.

“I don’t know whether that’s been completely in the open yet,” he said. “I live in the north end, so I have a personal interest beside the fact I’m a commissioner. I feel we haven’t taken into account how it can affect the sight line and the canyon effect of a street.”

Commissioner Gary Persinger said commissioners have an obligation to look at the issue more closely.

“Clearly, there’s a lot of objection to this and some misinformation,” he said. 

Persinger suggested tabling the vote, and asking planning and zoning to investigate ways to allow corner-lot property owners to preserve their homes’ character and address concerns about perceived higher density.

“We can look for a middle ground,” he said. “Maybe a number in between is better.”

Cooke said he thought the issue was not explained sufficiently.

“We don’t know enough about the unintended consequences of changing it, and I would vote no on this,” he said. “I would rather vote to send it back to planning and zoning.”

Commissioners tabled the vote, directing planning and zoning to consider corner-lot setback changes that preserve the character of homes in the town’s north end and manage concerns about oversized houses, increased density and safety issues, including sight lines.

Town Manager Scott Koenig will research houses constructed before the town’s 1981 incorporation and zoning laws took effect; some may be considered legal noncomforming because they encroach into zoning code setbacks.