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Lewes examining front-yard setbacks along Bay Avenue

Public hearing set for Oct. 3
September 20, 2022

Where is the front of a house? 

Lewes city code states that the front-yard setback of a home is based off the location of the street. For homes along Bay Avenue that once faced Bayview Avenue and now only face the beach, this presents a change in zoning orientation because Bay Avenue is the only street in the area. According to Lewes Beach resident Dennis Reardon, the front of the homes lying on the beach along Bay Avenue have always faced the water. 

Homeowners applying for permits to do work on the beachfront Bay Avenue properties were recently told what they thought was their backyard is now their front yard. City planner Janelle Cornwell explained during an Aug. 30 workshop that the new shift reflects what she believes to be proper interpretation of the city code and that there have not been changes made to the code. Reardon claims the interpretation contradicts years of precedent. 

Councilwoman Candace Vessella applauded Cornwell for qualifying her expertise to interpret the law as she saw fit and applying the standard in enforcement practices. Vessella understood why residents might be frustrated with the changes, but said the city planner should be commended for performing her duties and carrying out laws on the books, something residents and elected officials heavily emphasize. 

To that extent, an ordinance has been drafted that would allow officials to continue enforcing the rules as they are written, while appeasing property owners. A provision in the ordinance would allow property owners on Bay Avenue with frontage along the beach to continue using the beach as their front-yard setback. Affected residents will have a chance to hash out the details with officials during a Monday, Oct. 3 public hearing.

The proposal is a zoning change and requires public comment before it can be added as a code amendment. 

Bay Avenue resident Kevin McGuiness believes a lack of transparency helped fuel the confusion from homeowners and wishes there would have been more conversations with residents impacted by the shift. He urged officials to consider what impact the changes have not only on the front of the house, but the accessory structures on the property as well. 

City Manager Ann Marie Townshend said there was a six-month gap between building permit applications in the area and that staff did not knowingly alter the policy. Staff spoke with City Solicitor Glenn Mandalas about the issue.

“We concluded that when the code gives you clear language, it's not appropriate to knowingly go against it. I think if Janelle had realized that she was changing, in a serious way, prior practice, that would have come to [residents],” Townshend said.

The city is focusing on Bay Avenue setbacks, but officials are also looking at other locations around the city that have through lots. Through lots have frontage on two streets and are subject to front-yard setbacks in each yard. Shipcarpenter Square and Jefferson Court are two of the main areas officials have focused on. The unique situation can create certain complications for homeowners during property improvements, and revising the code could allow relief from unintended hardships.

 

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