No action taken on illegally built Lake Gerar retaining wall

The future of an illegally built retaining wall at an old DuPont estate along Lake Gerar in Rehoboth Beach remains up in the air while property owners, neighbors and the city see if there’s a way to solve drainage issues.

Attorney Richard Forsten, on behalf of 80 Oak Ave. property owners Tom Gaynor and Steven Linehan, submitted an application to the Rehoboth Beach Board of Adjustment requesting a variance be granted to allow a structure to be placed within the 50-foot required rear-yard setback. In this case, the structure is an 18-inch-tall retaining wall along the western prong of Lake Gerar.

During an Oct. 25 board hearing, Forsten explained the wall was installed after the neighbor abutting 80 Oak Ave. on Third Street dug a pit in the eastern back corner of his lot to help with drainage issues. He said the pit was dug in January 2021, and almost immediately there were drainage issues for 80 Oak Ave.

Forsten said he believes the neighbor, Briggs Bralliar, dug the pit in good faith, but appears to have inadvertently hit a spring. Prior to the pit being dug, there were no erosion issues, he said, adding the pit is still there and the section of fencing removed to dig the pit is still sitting on city property.

Bralliar called in to the hearing. He said his property never had drainage issues until all the site work was done at 80 Oak Ave. to accommodate a new pool and pool house that were built after Gaynor and Linehan purchased and then remodeled the property, known as Goose Landing, in 2018.

During the hearing, Gaynor said the new landscaping was professionally designed and city approved. It’s one of the most well-drained lots in Rehoboth, he said.

The retaining wall was constructed, said Gaynor, because the water running from the neighboring property was eroding the back corner of his property. It was done without proper city approval because the city knew there was a problem and was dragging its feet in making a decision, he said.

Ultimately, board member Jan Konesey suggested a civil engineer be brought in to see if there was a way to figure out a solution to the drainage problem without the board having to be involved. After a brief recess, Forsten, City Solicitor Glenn Mandalas and Board of Adjustment Solicitor Fred Townsend agreed that was the best path forward. Forsten said he would be back before the board as soon as possible with a report.

Belhaven Hotel hearing postponed

The board was also scheduled to hear a variance request from the team representing the proposed Belhaven Hotel at 2 Rehoboth Ave. The request, made by attorney Hal Dukes on behalf of property owner John Papajohn, is for the project to have a floor-to-area ratio of 3, which is 50 percent more than city code allows.

However, that hearing was not conducted. Board Chair Jerry Capone began the Oct. 25 meeting by saying Papajohn’s son Alex Papajohn had requested a delay; the board followed by voting unanimously in favor of the delay.

In an email soon after the meeting, Alex Papajohn said the delay was requested so the team had more time to prepare, and it would be back before the board in November.

A public notice for a Nov. 22 hearing has already been issued by the city. The variance request is the same.

City building official no longer making recommendations on variances

For unknown reasons, City Building Inspector Matt Janis has apparently stopped making recommendations on variance requests to the board of adjustment. The recommendation section of his report to the board for 80 Oak Ave. says, “This office has discontinued its former practice of issuing recommendations on variance requests.”

City officials declined to answer why there’s a new policy, how long the old policy had been in place, when the change was made or if there’s anyone on staff who is now making recommendations on variance requests to the board. The city hired its first city planner, Tom West, this summer. 

As recently as the June meeting, Janis made a recommendation to the board. He recommended denial of a variance request for a 6-foot fence to encroach into a required 10-foot side-yard setback at 405 Stockley St. Ext.