Rehoboth elementary plans move forward

The Rehoboth Beach Board of Adjustment unanimously granted a variance to the Cape Henlopen School District that allows the district to build a new school that exceeds lot coverage limits

The variance allows the school to cover 33 percent of the lot, which will accommodate all sidewalks, roadways and athletic facilities on the 24-acre site.

This variance is an extension of a previous one already approved allowing the school to exceed a 5 percent lot coverage limit in the school’s ER zoning district. Jim Fuqua, attorney for the school district, said during the planning commission’s site plan review, there was a question of whether portions of the sidewalks and roadways, as well as courts for pickleball, tennis and basketball are considered part of the lot coverage. To mitigate that, Fuqua said, the school district went before the board for an additional variance.

He said city code is confusing on lot coverage. In arguing for the variance, he said the school property is the only one of its kind in Rehoboth and is a community asset that provides a recreational area for city residents. Fuqua said the intention is to keep the property for use as a school for the foreseeable future.

Fuqua said the school only intends to have 11 percent lot coverage but asked for 33 percent to cover sidewalks and roadways in case they are later deemed structures. He said 33 percent covers all buildings, courts and paved surfaces on the site.

The district is using the same design in Rehoboth and for two other new elementary schools, Love Creek and H.O. Brittingham. That has led to criticism from neighbors that the district is trying to shoehorn a building onto a site that is not compatible.

“The site is 24 acres; there’s nothing being squeezed onto this site,” he said.

Board Chairman Tom Evans defended the school, saying that athletic facilities and sidewalks and roadways are not clearly spelled out in the ER zoning code. The board questioned why the ER zoning language allowed only 5 percent lot coverage, when residential and commercial zoning allows far more.

Mayor Sam Cooper and City Solicitor Glenn Mandalas, who helped craft the ER zoning ordinance in 2010, said that number was intended as a placeholder. They said at the time the ordinance was crafted, it was clear the school intended to do something on the site, but it was not known what that would be. Fuqua said when the ordinance was crafted, the concern was about curtailing possible future residential development.

The board’s Aug. 30 meeting was sparsely attended, but the request was supported by those who were present.

Attorney Vince Robertson said, “I think it’s an asset to the Rehoboth community. I think it’s important that all that stays.”

The school district will now head back before the planning commission to resume review of the site plan at the commission’s Friday, Sept. 15 meeting.