Lewes council passes Donovan-Smith zoning changes

After months of discussion, Lewes Mayor and City Council unanimously approved a text amendment it believes creates a path to bringing the Donovan-Smith manufactured home park up to city code.

The amendment sets standards for any new homes that are placed in the park, which residents have said has been neglected by co-owner Ken Burnham.

Existing properties are grandfathered, but if a home is removed for any reason, the new structure must meet the new standards.

“I believe this is a compromise that will allow Donovan-Smith to move forward,” said Councilman Joe Elder.

Before the vote Dec. 11, city officials changed some of the provisions.

They raised maximum lot coverage to 65% from 40%, but the main structure can only cover 50%, leaving the rest for parking, patios and sheds.

Front setbacks are now required to be 5 to 8 feet, instead of a set 5 feet. Side and rear setbacks remain at 5 feet.

Separation distance between structures was left at the current standard of 16 feet, instead of a proposed 20 feet. Some residents wanted a greater distance for fire safety, but the fire marshal said 16 feet is adequate.

Building height is capped at 20 feet, up from 15 feet, and limited to a single story. Height would be adjusted based on freeboard requirements for properties in the floodplain.

The measure calls for a minimum of 1.5 acres of open space.

Sam Saunders, president of Donovan-Smith Homeowners Association, declined to comment after the vote.

The city annexed Donovan-Smith last year with a stated goal of trying to clean up the park and create affordable housing.

Donovan-Smith residents have said a zoning change would not do anything to force Burnham to fix issues in their community. For years, they have been dealing with leaking septic tanks, overcrowding and an electrical system in need of updating.

“The electrical system is owned by the park owner. There are many components that are not code compliant,” said Councilman Tim Ritzert.

Ritzert and Elder said they have reported the violations to the city many times.

City Planner Janelle Cornwell said the city is not responsible for the electrical system, but she does have a letter stating it is in compliance with code.

Donovan-Smith resident Toni Bowman told council she has seen improvement.

“We’re getting water and sewer, trash pickup is regular, trash isn’t blowing around,” she said. “There are a few things that need to be done, but I’m glad you’ve worked with us and accomplished things in our park.”

The Lewes Board of Public Works is currently working to connect homes to city water and sewer. At a progress meeting Dec. 6, BPW said 13 homes have been connected so far.

Donovan-Smith residents will get free water and sewer service for 20 years. The streets will be repaved once BPW finishes the project in November 2024.

The Donovan-Smith website says there are 127 lots in the community, but the city says the exact number is unknown. 

The approval of the text amendment means Burnham can now file for a conditional-use permit. If he does, he will be required to present a site plan with the locations and dimensions of all lots.

Burnham is proposing to add 30 new homes.

John Paradee, Burnham’s attorney, said his client can work with the provisions of the text amendment.

“I think it will make [Donovan-Smith] a better, stronger community,” he said.

Before the vote, Mayor Andrew Williams addressed Deputy Mayor Khalil Saliba’s motives in the Donovan-Smith process.

“He works quite hard looking at opportunities where we can bring in housing for people of all income levels,” Williams said. “I recognize this isn’t necessarily a form of affordable housing, but his efforts were done in that spirit. I respect that.”

Some members of the community have suggested that Saliba should recuse himself because of his friendship with Paradee.

But, Saliba told the Cape Gazette he has no connection to Donovan-Smith or its owners.

“I do not have, nor have I ever had, a financial interest in Donovan-Smith or any business relationship with Paradee,” Saliba said.