For the third time in three tries, the Rehoboth Beach Board of Adjustment has voted in favor of a request made by the development team behind the proposed Belhaven Hotel.

This time around, during a meeting Oct. 16, the board voted 3-2 to approve a variance request eliminating a requirement for all the hotel’s parking to be on site. The approval paves the way for the hotel’s development team to add up to 15 more rooms to the 92 that were already approved by the planning commission in July as part of the site-plan review process.

“We’re happy with the decision,” said Alex Papajohn, the day after the board’s favorable vote. “It was a good decision. It was a wise decision.”

First introduced to the public in April 2019, the proposed Belhaven Hotel has been working its way through the approval process for years. The project has been brought forward by multi-generational property owners John and Alex Papajohn, who are also father and son.

The design and number of rooms for the hotel have changed a few times, but during a meeting in July, the city’s planning commission voted in favor of a site plan that had 92 rooms and 94 parking spaces. As required by code, all of the parking spots for that plan are on site in an underground parking garage.

In November 2021, the board approved a variance request increasing the code-mandated floor-to-area ratio by 50%, from 2 to 3.

More recently, during a meeting Sept. 30, the board didn’t vote in favor of any variances, but took care of a few issues brought to them by the planning commission as part of its site-plan approval. The board issued a clarifying statement that says the hotel floors could exceed the maximum floor-to-area ratio because the increase had already been approved. Additionally, the board said at the very least, the project only needed one loading berth because city code related to the number of loading berths was ambiguous. The board also said the railings for the mechanical equipment on the roof were needed and an antenna was allowed.

The September meeting took hours, so the board decided to postpone the variance request on parking until a later date. A short time later, a special meeting was scheduled for Oct. 16.

There were two conditions of approval related to the variance request.

The first was that there will be at least a 10-foot buffer between the hotel’s foundation and the foundations of neighboring properties. This condition was brought up by the Belhaven team.

Attorney Richard Forsten represented the hotel at the meeting. He said the buffer was being suggested in an attempt to alleviate some of the concerns that have been brought up by neighbors Dr. Michael Trahos, who owns the building that’s home to Gus & Gus, and Go Brit! owner Alison Blythe. Both Trahos and Blythe have said, time and time again over the years, they are concerned that digging out and then constructing the foundation of the new hotel will lead to structural issues with their buildings.

Forsten said the buffer reduces the size of the underground parking garage, from 94 spaces to about 78. However, he said, the proposed buffer is contingent upon approval of the variance related to off-site parking. He went on to explain.

The lot at 10 and 12 Baltimore Ave. is 100 feet by 100 feet. Forsten said they’ve estimated the lot can hold 29 parking spaces, which, when combined with the 78 underground spots at the hotel, makes a total of 107 parking spaces for 105 rooms – city code requires one spot per room, plus two more. Depending on how structural pillars for the hotel are required to be situated, the reduction in underground parking spots could vary by a few, he said.

Forsten argued two main points for why a hotel with at least 105 rooms is needed. First, the city’s previous building inspector told the Papajohns they were allowed to have off-site parking at the Baltimore Avenue lot, which is why it was purchased. Second, it’s been many years since the Papajohns started this process, and inflation has made everything more expensive, he said.

The second condition of approval the board OK’d was that there couldn’t be more than 105 rooms.

There were concerns about the public notice process, specifically how the property owners on Wilmington and Rehoboth avenues within 200 feet of the hotel were notified, but not the property owners on Baltimore Avenue near the parking lot.

Board of adjustment attorney Fred Townsend said the city didn’t have to notify the Baltimore Avenue property owners because the variance was for the hotel, not the parking lot and its use. It’s a parking lot now and it’s going to be a parking lot in the future, he said.

Board of adjustment Chair Barry Brandt is the only member of the board who remains from the decision three years ago. He voted against that request because he thought the hotel, coming in at 116 rooms at the time, was too big.

This time around, he voted in favor since the Papajohns were suggesting a smaller underground parking garage.

Board members Edith Herron and William Perlstein also voted in favor.

Board members Mark Saunders and Jan Konesey voted against the off-site parking variance request. Both were concerned about the public notice process.

Saunders said he was also concerned that Baltimore Avenue property owners would have to bear some of the traffic issues for a hotel project on Wilmington Avenue.

Konesey said she didn’t think the hotel needed additional parking to make it successful. This is a want, not a need, she said.

Prior to the vote, during the public hearing portion, Trahos and Blythe reiterated their concerns about the project. Both said the 10-foot buffer didn’t do much to alleviate those concerns. The issue of liquefaction still exists, regardless of the 10 feet, said Trahos.

As for the next step for the hotel, Alex said he isn’t exactly sure what that will be and that the development team as a whole will figure that out in the coming days.

Alex said whatever the next step, the hotel itself will not be bigger, even with additional rooms. It will be the same size and footprint, he said.

Alex said, overall, the team is happy with the decision. However, after six years, he and his father have learned to temper their excitement at the small steps forward, he said.

“Once dirt gets moving, that’s when we’ll get excited,” said Alex. “We’ve got to keep things in perspective. There are still a number of steps to go before dirt is moving.”