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Baymart hearing set for May 23

Developer appeals permit denial to board of adjustment
May 20, 2016

Plans for a 63-unit housing development on the edge of Rehoboth Beach stalled when the developer failed to obtain building permits.

Developer Ocean Bay Mart LLC has appealed the city building inspector's decision to deny permits to the board of adjustment. A hearing on the case is set for 7 p.m., Monday, May 23, at Rehoboth fire hall.

The 7.75-acre property on Route 1 is zoned C-1 commercial. Plans show 58 single-family homes and five multifamily condos. Ocean Bay Mart does not plan to subdivide the property, meaning homeowners will not own the land on which their homes are built.

Building inspector Dam Molina said he turned the project down because regulations for the C-1 district state that no more than one main building may be erected on the lot. Multiple single-family detached dwellings are prohibited, Molina said. He said a variance is required for the development of multiple single-family detached dwellings in the C-1 district.

“The project does not comply,” Molina said.

Ocean Bay Mart's attorney, Dennis Schrader, declined comment on the case until the hearing.

The Baymart project has been in the works since last fall when it was submitted to building and licensing. The case would have been subject to site-plan review by the planning commission, but that was postponed when Molina denied Ocean Bay Mart’s building permit request.

The parcel fronts Route 1 on the Forgotten Mile; most of the land sits within the city’s border. Access to the homes would be by a 20-foot-wide cartway, similar to the width of a private driveway. The plans filed with the building and licensing office show multifamily units facing Route 1, with single-family homes set back from the highway.

The shopping center is home to All Saints Thrift Shop, Shell We Bounce, a large parking lot and the offices of surveyors Wingate and Eschenbach.

In addition to the Baymart case, the board will also hear a variance request for 2 St. Lawrence St.

Owners William and Pamela Hard are seeking a variance from the minimum 50 percent natural area requirement. The Hards, represented by attorney James Fuqua, are seeking to have only 42 percent natural area.

Ryan Mavity covers Milton and the court system. He is married to Rachel Swick Mavity and has two kids, Alex and Jane. Ryan started with the Cape Gazette all the way back in February 2007, previously covering the City of Rehoboth Beach. A native of Easton, Md. and graduate of Towson University, Ryan enjoys watching the Baltimore Ravens, Washington Capitals and Baltimore Orioles in his spare time.