5 New City Issues that Impact You(7/30/2022)
This past week, Dennis Reardon and I attended a City Workshop/Meeting where four issues that directly impact you were discussed. Here’s a link to a video of the meeting. In addition, we learned about a unilateral decision made by the City Planner, which affects all properties between Bay Avenue and the Beach. All are discussed in more detail below.
1. Right of Way. The City staff recently sent out a questionnaire entitled Ground Cover. Instead, the questionnaire and accompanying materials make clear the real subject was City Rights of Way and what can and cannot be in a City Right of Way. Only 29 people answered the questionnaire. Click here for a copy of the comments I made on behalf of the Board. We tried to address questions about the City’s understanding of the law, about respecting the existing Right of Way policy, and the importance of protecting areas in Rights of Way where we should be encouraging planting and other types of flood mitigation. Several Council members, including Khalil and Andrew, seemed to agree with the concerns we were raising. The City staff said we shouldn’t worry; they promised the rule or policy will be prospective. Unfortunately, as you know, that simply means enforcement will be prospective. It doesn’t mean anything currently in a Right of Way will be grandfathered in. The staff was directed to draft a proposal which will identify what is always prohibited in a Right of Way (e.g. concrete) and what is always acceptable (sand and grass). For everything else, it appears a property owner will be required to get a license from the City.
2. Planning Commission Targets the Beach. The City Planning Commission shared its proposed regulatory agenda with Council members outlining the topic areas it wants to focus on this year and work towards a proposed new policy. Click here for their proposals. One calls for yet another complete review of Section 197-73 and related sections involving the floodplain and sea level rise. Apparently, the Planning Commission was not pleased with the findings of the recent Resiliency Committee. Another top priority was a proposal entitled "No Building within the floodplain and Retreat from the Sea." That's a direct quote. No one, including members of Council, seems to know what it means. The Council has been asked to indicate whether they are interested in these priorities.
3. Moratorium on New Requests for Reserved Parking. Recently, due to Council Member Saliba, the City began accepting requests for reserved parking for property owners without any off-street parking on their property. This week, the City Council voted to put these requests on hold until it can determine how to apply a policy City-wide. During this moratorium, requests based upon physical handicap will still be considered.
4. Parking Spaces on Lewes Beach. In conjunction with Item 3, the Council voted to have Council Member Connie Vessella undertake a project to identify ever public parking space in Lewes, including Lewes Beach. It is hoped this effort will give the Council a firm number of the number of public spots throughout the City, as well as the total number of properties without any opportunity for off-street parking. Unfortunately, it appears that she will be working primarily with City staff. No mention was made of talking with residents or reviewing the comments that were submitted earlier this year about public parking spots on the beach. Moreover, there was no mention as to how such a count can be impacted by the City’s failure to clarify the existing rules barring stacking cars on driveways on the beach. Just to be clear, the City has still failed to respond to the questions on off-street parking we submitted earlier this year, despite repeated promises they would do so.
5. Re-orientation for Every Lot Between Bay Avenue and the Beach. The City Planner, without notifying or getting permission from the Council, has unilaterally decided to overturn more than 80 years of precedent for homes situated between Bay Avenue and the Beach. The front of every property will now be the side that faces Bay Avenue, not the side facing the beach. Dennis has challenged this decision, pointing out the history of this area and why for over 80 years the City has treated the beach side of the property as the front. The City planner acknowledged she may need to do more research on her decision, but she will continue to impose her new interpretation while her review is underway.
We will share more information on each issue as it becomes available. As always, we’re interested in your thoughts and suggestions.