Construction can resume on a lot at 311 Park Ave. in Lewes, after the board of adjustment voted to scrap a partial stop-work order issued by the city.

Neil Shister and Cait Clarke appealed to the board after Jon Ward, Lewes building official, ruled the renovations they had started had gone too far and would require them to go back to the city for a demolition permit.

The couple even put up a sign apologizing to neighbors for the mess the lot had become.

The board heard the couple's appeal May 5. Under city code, the board reviews city building official determinations.

The question before the board: Is the work renovation or demolition?

Clarke provided documents she said were proof they also had approval from a city employee, Ward and the Lewes Historic Preservation Architectural Review Commission, the keepers of the historic district.

"We followed the rules," Clarke said.

Ward's stop-work order only applied to the work on the original foundation where the previous house stood. Construction was allowed to continue on a new structure being built behind it.

Clarke said the 1950-vintage house had been vacant for decades. She said their contractor discovered rotting walls, floors and a roof that could not be saved.

"The woman from whom we purchased it said she hadn't been back in decades, but noted the paint on the walls, pink and blue in the bedroom, were there when she was a little girl and she couldn't believe it was still standing," Clarke said.

Alex Burns, city solicitor, told the board that, after issuing the stop-work order, Ward offered the couple a path to compliance, which included returning to HPARC for a review of the modifications, getting new permits and stabilizing the single remaining wall.

Ward explained that a demolition permit was now needed because more than 50% of the structure was removed, per building code.

"It was outside the scope of the original approved permit. It now constituted new construction. The one wall that was kept was very important, because the existing structure was nonconfirming. If the wall had been removed, they would have lost that noncontributing status," Ward said.

Several neighbors and Kevin Mallinson, former HPARC chair, testified on the couple's behalf.

The board voted 4-0 to lift the stop-work order.

"We were left with a dilapidated house that, for decades, had been in disrepair. Folks in Lewes would love to see this thing renovated and an eyesore removed," said Calvin Jabar, board member, in explaining his vote.

"We're both very relieved that we can move forward," Clarke said. "I'm going to take that sign down right now."