In response, the Rehoboth Beach commissioners will look into code changes to solve the issue.

The commissioners recently changed the subdivision code to state on public streets at least 50 feet wide, lots must front on the street, unless the lot fronts on an approved dead-end street. The new language does not address existing streets.

Most of Canal Street is 40 feet wide, but in two places it becomes 50 feet wide – so homes by ordinance should face Canal. The Oak Grove proposal calls for a short, dead-end street off Sixth Street serving the interior lots. Canal Street runs along the rear of the property, facing the Lewes-Rehoboth Canal.

Because the language is in the subdivision code, the Oak Grove owners, the Lovett family, cannot go to the board of adjustment for a variance. The options available to solve the problem are a code change or reworking the Oak Grove project as condominiums.
The planning commission has stated previously that it would prefer to see the Oak Grove land developed as single-family homes.

Commissioner Bill Sargent volunteered to work with members of the planning commission to solve the Oak Grove problem. Sargent said he plans to make a presentation to his fellow commissioners at the Feb. 5 workshop.

“I’ve been looking into the history of what’s there, trying to ask myself, ‘What’s going to be best for the city,’” he said. “A landowner has rights to his or her land. We have to follow procedures tightly, and we have to make it possible, as long as it’s consistent with the city’s aims, objectives and laws, for that person to realize what they want to do. From what I can tell, the Lovetts have a very nice proposal.”

Mayor Sam Cooper said, “If we’re going to change the code I think it ought to be very narrowly tailored to include areas that have already been subdivided before. I think there is some validity that there were already lots subdivided along that street, so why has it become an issue now?”

Oak Grove co-owner Paul Lovett said he hopes the issue will be resolved.

“Where we can provide useful information, we will do so. Otherwise, it is in the city’s hands,” he said.

Lovett said there are no plans to change the Oak Grove proposal.

“After working with the city boards for over 18 months under the current concept, we hope we will not have to do that,” he said.