Planning Commission Delays Vote on Proposed Lot Reorientation (9/25/21)

For a second time, the Planning Commission delayed voting on a proposed proposed subdivision and lot reorientation at the corner of Oregon and Bay Avenues.  The members of the Commission indicated they needed more information about the proposal, as well as answers to the questions they raised during the last meeting.

Children’s Beach House (9/3/21)

The Children’s Beach House (CBH), which has been part of the Lewes Community since 1937, has done a remarkable job helping young people, especially those with communicative disabilities who are further challenged by family economics. Recently, they clarified their use of the facility to host private events. First, any such event will be limited to 150 guests, and any resulting parking will be managed on the property. Second, they are not offering overnight accommodations, and they will continue to be mindful of all noise restrictions, as they have in the past. For more information about the CBH, click here. For more information about their hosting of events, click here.

Repairing Homes on Lewes Beach or in the Flood Plain (9/1/21)

After several rounds with city staff, it is now clear that the rule that a property owner could not spend more than 50% of the fair market value of the main edifice over 10 years is not a FEMA rule the city had to adopt. It's a city rule. The corresponding FEMA rule is yearly. The 10 year cap was approved by the Mayor and City Council in October 16, 2006. In explaining the rule, city staff suggested that the purpose of a ten year cap probably was to push home owners on the beach and in the flood zone to bring their homes into compliance with the newest rules on lot coverage and freeboard.

LBCA filed a FOIA request for all relevant documents concerning adoption of the 10 year rule. The city provided a total of 13 pages, which can be found here. The only mention of the 10 year cap was to change "Any repair, reconstruction or improvement of a structure over a period of ten (10) years" by adding the word "cumulative" between "any" and "repair." It is impossible from the materials provided to assess the reasoning, legal basis, or policy considerations behind the adoption of the 10 year period.

 As a property owner in Lewes, you have the right to make necessary repairs and improvements to your home to preserve and maintain it while you own it.  But, if you live in the Lewes flood plain, which covers all of Lewes Beach and a growing part of the rest of the city, those rights are restricted by other city  ordinances.  According to the city, the fact that your house complied with all rules at the time it was built does not matter.

 Today, according to the city, in the flood plain:

 a. If your property is non-conforming with the current city ordinance(s) which determine the height of the bottom of the first floor (current formula is Base Flood Elevation plus 18” of freeboard) 

AND

b. The cost of repairs to your property for damage of any kind when added to any repairs, improvements, additions, etc. over the last 10 years by you or anyone else totals more than 50% of the current market value of the edifice 

THEN

 c. To make those repairs you must bring the entire edifice into compliance with the current ordinances on lot coverage and the formula for determining the elevation of the height of the bottom of the first floor.

 For example, let’s say your current edifice -not the property, just the building -has a fair market value of $200,000.  To repair damage from a recent storm damage, you need to replace the roof, which will cost $10,000.  To perform that job, you will need a permit from the city.  When you apply  for a building permit , you learn that the previous owner spent $95,000 improving the house over the last five years before selling it to you.  It doesn’t matter that this was never shared with you. Since your $10,000, when added to the $95,000, exceeds 50% of the current fair market value of the house, you will need to bring the entire house in compliance with the current  ordinances before you can repair your roof. Again, this is the city’s position, not mine.

 The fact that such a major change to the edifice may cost several hundred thousand dollars does not matter. There is no exemption for proportionality.

 This gets more confusing because there is an exemption in the rule for safety, health, or sanitation.  When asked what this meant, we were told a broken sewer line that made it impossible to flush toilets would satisfy the exemption.  Internal damage caused by a water leak inside would not.  The earlier example of the roof may not.

 As explained, if your house develops a leak, such as at a window, a sliding door, damaged siding, and you’d like to repair the leak before the damage  becomes extensive, floors buckle, and mold sets in, you would not be able to take advantage of the exemption.  To fix the leak, you would either have to bring the entire edifice into compliance or wait until the damage from the leak was so extensive that the entire house was in jeopardy.

 Moreover, if you bring your house into compliance, there is no grace period. According to the city, if for example, you spend several hundred thousand dollars to raise your house to satisfy the current  ordinance(s) to determine the height of the bottom of the first floor, once those rules are changed, you are again in the 10 year period. 

 Despite our repeated efforts, the city will not commit any of this to paper, nor provide specific code citations for these rules.  Instead, they require each homeowner to meet with the city or call on the phone individually, and they will provide an oral response.  The only way you can be sure you understood their interpretation of the rules sufficiently is to submit a building permit application and see if it’s approved.

 There are two ways to determine the fair market value of your house.  First, the city already has made a calculation for tax purposes based on the assessed value of the property, although this is often low.  The second way is to have your home appraised and they will accept the appraiser’s estimation.

 As a potential buyer, you are not entitled to learning what the  previous owners have spent on the house in the past 10 years.  You may, however, file a Freedom of Information Act request.

 Again, this is the city’s interpretation of the law and their ordinances.  Others may disagree, but as you plan, you may well need to know how much you actually have to spend on repairs to protect and maintain your property.

Sea Level Rise Committee (9/1/21)

On July 12th, the City of Lewes officially announced the creation of a new Executive Committee to “develop recommendations to address resiliency of Lewes in response to sea level rise and climate change.” The Committee was formed after the Mayor and City Council voted not to accept the Planning Commission proposals on Sea Level Rise and Surface Water.  LBCA submitted a petition to the city signed by 143 people urging that the proposals be rejected and the building moratorium lifted until a more complete and equitable solution was developed. LBCA also helped coordinated testimony at a city hearing urging a more scientific, legal, and thorough review of the issue.

Several of you have asked why the Wastewater Treatment Plant was excluded from consideration or even discussion by the city's new Executive Committee on Resiliency. When asked, several city officials indicated this was a decision by the University of Delaware. In a recent email, Phil Barnes, the lead of the University of Delaware’s team involved with the Committee made it clear this was the Mayor's decision and not a decision by the University or DNREC. He observed, "BPW issues, in terms of BPW leadership and location of the treatment plant, are outside the scope of the Executive Committee. That is not my decision, nor DNREC's. That was the Mayor's decision when he formed the committee. This was contained in the mayor's charge..."

A list of committee members can be found here.

Additional Documents:

• Luke Mette’s testimony at the city of Lewes May 3rd public hearing

• Dennis Reardon’s Testimony at the city of Lewes May 3rd public hearing

• Planning Commission’s Proposed Ordinances on Surface Water and Sea Level Rise

• Cape Gazette article on LBCA’s petition on Planning Commission proposals

• Cape Gazette article on the City of Lewes May 3rd public hearing

Commercialization of Lewes Beach (8/3/21)

As you may remember, a few years ago, Quest was given a trial license to operate a business out of Roosevelt Inlet. At the time, the city wanted to assess the impact on the community. Quest offers kayaks, paddle boards, floating mats, beach chairs and umbrellas, bonfires, and beach parties. Click here to view the Quest website.

A new business, No Shoes Beach Bonfires petitioned to operate a similar bonfire and party business on Public Beach 1 and 2 . The petition was approved by the city's Parks and Recreation Commission by a 6 to 4 vote. As those opposing the petition pointed out, there doesn't appear to be a city plan for how best to address the growing number of businesses that want to operate on Lewes Beach, the right balance of use, and who best to provide these services. Instead, it appears commercialization will be decided on a petition by petition basis. Click here for an article in the Cape Gazette about Commission vote.

LBCA submitted a petition urging the City to postpone consideration of the license until it first developed a plan for beach commercialization.  Click here for a copy of the petition.  On Monday, August 9th, the the Mayor and City Council unanimously voted not to approve a license for No Shoes Beach Bonfires to operate another bonfire business on Lewes Beach.  Our petition was included in the meeting record and was referenced during the discussion as being indicative of community sentiment.  

Several of the Council members discussed the need for a plan to be developed regarding commercialization of the beach, especially before other proposals are considered.   In the end, the city voted unanimously to maintain the status quo - no additional businesses - and reconsider the issue when the Quest trial license expires in 2022.

Click here for the article in the Cape Gazette about the Mayor and City Council vote.  

City Policy on Trash Cans on Lewes Beach (8/3/21)

Questions have been raised about the location and placement of trash cans on Lewes Beach. In an email from the City Manager, the city will only place blue trash barrels in select areas, due in part to erosion, although there now are blue barrels in several locations where the beach is very narrow. In addition, unlike before, she suggested trash collection is scheduled for late morning or early afternoon, when use of the beach makes collection more difficult. The city has placed standard, lidded trash cans on beach entrances close to Bay Avenue, which the city claims has reduced sea gulls from removing garbage. Click here for a copy of the city’s email.

Parking, Parking, Parking (8/3/21)

An example of the confusion can be found on Michigan Avenue. There are signs that prohibit parking on either side of the street, but the city has also painted white parking lines on the ground in front of one of the no parking signs to help people know where to park. Apparently, in this case, the signs are supposed to be ignored.

This season, the city has hired two parking enforcement officers who periodically patrol local streets on the beach. In July , the police issues over 40 parking citations for violations on streets between Savannah Road and Roosevelt Inlet. Of the entire 2,328 citations issued by the police in Lewes, the two beach parking lots accounted for 1,429.

As several of your have observed, there could have been more. For example, here’s a picture of an acceptable parking, even though the car was almost in the intersection of New York Avenue and Bay Avenue.

We’re told city staff is continuing to work on a permit parking system that would start in 2022, although to date there are no details of how it would be designed or implemented. In addition, at least for the rest of this year at least, despite the value to residents and visitors alike, legal parking spots will not be identified on any state or city named streets off of Cedar Street.