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Outdoor patio approved for Nalu in Dewey

Ohana building to be demolished
October 5, 2019

Diners at Nalu in Dewey will soon enjoy meals in an outdoor patio next to the popular restaurant. 

Dewey Beach commissioners voted unanimously Sept. 13 to approve an amendment of an existing conditional use permit to demolish the Ponos building, known as Ohana, and replace it with a patio. 

The vote follows an Aug. 8 recommendation from planning and zoning commissioners to approve the project. 

Town Counsel Fred Townsend said when planning and zoning first reviewed the application, some confusion arose as to whether the code allowed loudspeakers in the district, zoned RB2.

Since then, Nalu owner Regan Derrickson said, he was told that outdoor speakers were not allowed per town code. 

“Even with a conditional use, you still couldn’t approve it with speakers,” Derrickson said. “With that being said, I’m going to ask that after this meeting, you consider changing the code to allow speakers, considering so many places in town, like grandfathered places, already have them.”

Derrickson said the upcoming minigolf course planned to have speakers, and he assumed the new bayside Lighthouse Restaurant would also want outdoor speakers.

Townsend said town code forbids stand-up consumption of alcohol on an open-air deck and external speakers or amplifiers. Further, he said, internal speakers cannot be directed outside, and patio areas must be cleared of patrons by 11 p.m. Townsend said the rules apply townwide except to businesses that predate the code. 

By eliminating proposed speakers and adding all required parking spaces, Townsend said, Derrickson would bring the restaurant more into compliance with town code, instead of asking commissioners to relax it.

Commissioner Paul Bauer said he was concerned town code restricts music.

“We really need to take a look at that,” he said. “I think the intent is to keep the peace with neighbors. But I’d rather hear music than road noise.”

Assistant Town Manager Jim Dedes said the minigolf course’s original plan has been revised to eliminate speakers.

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