Controversial car repair shop approved

A Lewes man who has been operating an illegal car-repair shop near the intersection of Cave Neck and Sweetbriar roads between Milton and Lewes has been given the green light to continue, but he will have to clean up his act.

With a 3-2 vote at its March 17 meeting, Sussex County Council approved a conditional-use application filed by Robert Wilkerson for a 1.5-acre parcel to allow for the repair shop.

Under the approved conditions, Wilkerson will be permitted to keep no more than 10 vehicles at any time on his property and he must have a screened porta-john and screened dumpster; and he must store all fluids in containers inside his garage. He will not be permitted to make repairs outside his shop, and he cannot keep any vehicles on his property for more than six months. Hours of operation for the shop are 8:30 a.m. to 5 p.m. with no Sunday hours. Wilkerson cannot sell vehicles at the site.

Voting in favor of the application were Councilwoman Joan Deaver, D-Rehoboth Beach, Council President Mike Vincent, R-Seaford, and Council Vice President Sam Wilson, R-Georgetown. Voting against the application were councilmen George Cole, R-Ocean View, and Rob Arlett, R-Frankford.

Deaver said the conditions are strict enough to police the project to address neighbors' concerns. She said once the conditions are complied with, the operation will change. She said it's a small operation with one employee.

Vincent and Wilson based their vote on the 4-0 recommendation for approval from the county's planning and zoning commission.

Arlett was concerned the applicant would not comply with the conditions. “Who is checking on him?” he asked.

Lawrence Lank, director of county planning and zoning, said county inspectors are charged with assuring applications are complied with, but in this case other eyes will be looking on as well. “We will hear from the neighbors,” he said.

Several neighbors testified against the application saying a commercial venture did not fit in with the residential setting of the area. They expressed concerns with the number of vehicles on the parcel, noise and work taking place during odd hours.

Arlett said he visited the site March 16, and there were more than 10 cars on the parcel.

“There have been as many as 28,” Lank said. “It's been an illegal operation since the day it opened.”

Lank went on to say it's the county's policy to allow a conditional-use applicant to continue to operate a business while going through the county application process. He said if an application is approved, the county then allows time for an applicant to comply with the conditions and get final site plan approval and state agency approvals.

If an applicant falters on any of the steps and does not comply with the conditions, the conditional-use of the property can be nullified by court action, Lank said.

Cole said the use of the property is commercial and would be difficult to enforce. He asked how the county would enforce the number of vehicles on the parcel. “It's not appropriate for neighbors to have to do this,” he said. “It's left open-ended.”

Cole said allowing the storage of 10 vehicles at one time is excessive. “It's not been in compliance, and won't ever be in compliance,” he said.

Lank said Wilkerson will have to submit his final site plan to the planning and zoning commission for review and approval and must also submit his plan to the Delaware Department of Transportation for entrance-plan approval.