Mariners’ Retreat home granted height variance

Mariners' Retreat builder Randy Burton has been granted a variance from the Lewes Board of Adjustment to finish building a house that will be 7 inches taller than the height city code allows.

The home at 401 Virden Way stands at 46.44 feet, which is 9 inches over the maximum height. According to Burton, the mistake began in September 2021 after the established first-floor finish elevation needed to be adjusted. The architectural roof plan drawings indicated an incorrect roof pitch, and trusses were manufactured with those specifications. 

The trusses were built, delivered, installed, and construction continued at the property until an Aug. 27 survey revealed the height of the home was noncompliant. With the home nearly complete, Burton believed that if a variance was not granted, the hardship on the owner would be punitive and unnecessary, because a substantial amount of work and time would need to be dedicated for correction.

“It was completely unintentional and it's quite devastating. I'm ready to move. I've been ready to move for a bit,” said homeowner Ann Freeman.

Freeman professed it was a brutal surprise when she was informed of the noncompliance. She said she would have had Burton build the home to the correct specifications if she had been aware of problems earlier. Burton produced plans showing that the area beneath the roof is sealed off and cannot be converted into an extra living space in the future. 

Mark Chura, a project manager in the Cape Region, spoke in favor of granting the variance and explained how some variances come to be. He said he is aware of builders who intentionally construct noncompliant structures, then ask for permission after the fact through variances, but he believes that was not the case with 401 Virden Way. Some attending sympathized with the homeowner, but believed rules are rules.

“They should stay within compliance and correct the mistake that was made,” said resident Dawnel White.

The Lewes resident explained that when mistakes are made, such as the location of the net reel, people are held accountable and changes are made to produce compliance.

Resident Ed Tessein warned of opening Pandora’s box if they set a precedent and approve the variance. The board did not see the correlation between the Mariners' Retreat home and the net reel, saying they handle situations uniquely. 

“I think it's important for everyone to understand that the board of adjustment makes these decisions on a case-by-case basis. They are intensely fact-driven,” Vice Chair Luke Mette said. “It's not like somebody's writing a decision like judges writing decisions.” 

Mette motioned to grant the variance, and members voted unanimously in favor of approval. After Virden Way is completed and paved, 2 inches will be added to the centerline of the street, reducing the height protrusion from 9 inches to 7 inches.