Dewey board clears hotel sign, denies height variance

Sami Awayes received two of the three variances he requested from the Dewey Beach Board of Adjustment. Though his hotel won’t get an enclosure for its rooftop pool, Awayes said he’s pleased with the results.

“I’m happy, very happy,” he said. “And hearing the people’s concerns, I’m very sympathetic with their position.”

Awayes owns the Best Western Gold Leaf on Dickinson Ave. with his mother, Maha. They came before the board of adjustment Tuesday, Nov. 10, to appeal a denied building permit for three variances: a veneer that would intrude four inches onto the sidewalk; a sign that would be placed inside the mandated setback; and a glass enclosure for the rooftop pool that would violate the 35-foot height limit by 5.3 feet.

Board member Rick Dryer said it was hard to find a compelling reason to let Awayes breach the height limit.

“It’s a very tough decision,” Dryer said. “They’ve been wonderful neighbors, but they haven’t demonstrated exceptional practical difficulty.”

Dewey code states that zoning variances may be granted if applicants are exceptionally hindered by the rules. Attorney George Smith, representing Awayes, said an enclosed pool would allow them to attract customers during the off season; as it stands, he said, the hotel needs to shut down during the winter months, putting many out of work.

“I feel a certain amount of financial pressure,” Awayes said. “Most of the calls we get after September are, ‘Do you have an indoor pool?’”

Board member Phil Davenport said he wasn’t comfortable violating the height limit. He cited the 2008 referendum in which 86 percent of Dewey voters supported a 35-foot ceiling in the town’s charter.

“When I was appointed to this board, I said I would be for the people of Dewey Beach,” he said. “And with 86 percent, I have to say no.”

Board member Don Zeigler agreed. “Unfortunately, really, you haven’t demonstrated a real compelling reason for us to approve this variance.”

Planning and zoning committee member Faith Duncan expressed concern that even the slightest variance would set a dangerous precedent and threaten the 35-foot height limit. Property owner Joy Howell questioned whether it would affect litigation. Town attorney Glenn Mandalas said board cases stand alone, and do not create precedent; property owner Marcia Shieck disagreed.

“We’ll have others coming to the board, if you now allow a breach,” she said.

The board voted to deny the variance 5-0. But after Dewey residents praised the Awayeses as good citizens, the board voted to approve the two other variances.

Anne Tooke, Dickinson Ave. resident and neighbor to the Gold Leaf, said the hotel let her use its parking garage when flood waters threatened to damage her car. “They’ve been excellent neighbors,” she said.

Smith noted that Dewey committees use the hotel’s conference room for daytime meetings during the summer months, when lifeguards occupy the Lifesaving Station.

“They’ve been very good, as citizens,” said Commissioner Diane Hanson.

Zeigler said the potential inconvenience of the requested variances was far outweighed by the potential benefit to the hotel. The four-inch veneer would hide insulation used to seal the hotel against flooding, while the sign would simply give the hotel greater presence. Building Official Bill Mears said the sign would be within code specifications, comparable in size to the Rusty Rudder sign across the street.

Chatting with residents after the hearing, Awayes said he would look into alternative solutions for a pool enclosure. For now, he said, two out of three isn’t bad.