Lewes home business ordinance heads to council

Sarah Prieto and Stephen Matthews walked out of the Rollins Center at almost 10 p.m., April 16, knowing they still have several steps before they might get approval for an at-home dog grooming business in their Lewes row home.

They have been waiting for a year.

The latest milestone came when the Lewes Planning Commission recommended a home-based business ordinance to mayor and city council after a lengthy discussion.

Neighbors who live on either side of Prieto and Matthews, in the strip of row homes between 401 and 407 Savannah Road, have objected to the application, citing the potential for barking dogs, odor and lack of parking for clients.

The couple said they have added soundproofing and a separate basement entrance. They say they have photos and data to show there is adequate parking.

But, Prieto and Matthews are concerned that one provision in the ordinance could stop their business in its tracks.

Line B-8 states that any business “working with animals requires an administrative process.”

The city’s home occupation subcommittee, which worked for six months to draft the ordinance, created the administrative process for businesses with the most potential impact to a neighborhood. But, they also applied it to low-impact businesses that work with animals.

Commissioner Kevin Keane, who chaired the subcommittee, said it is a way to give neighbors a say.

“If animals weren’t part of that, in all likelihood, that would have denied those people who have raised objections. The subcommittee felt it wasn’t up to us to deny those people a voice,” Keane said.

But, Prieto said that requirement singles out dog grooming.

Prieto suggested that any business that includes groups of people, like child or senior daycares, be subject to the same review process.

“You are being biased against my application because of the type of client,” she said. “A bunch of kids are lot more of a nuisance than one dog coming in and maybe barking when it’s getting its hair dried.”

Commissioner Debra Evalds said she has concerns about including neighbors in the administrative process.

“We don’t all get along with our neighbors. Maybe we have nice neighbors who just don’t like that business. I feel our city staff have the ability to make decisions without soliciting input from the neighbors,” Evalds said.

“We are basically allowing businesses to operate in residential areas,” said Commissioner Thierry Poirey. “People have not acquired their property to find themselves all of a sudden in a business district.”

The administrative process would start with an applicant sending a letter to adjacent neighbors. If the city planning department does not receive any objections within 30 days, the business is approved.

If there are objections, the city planner will schedule a meeting with all parties to try and reach a resolution. If an agreement cannot be reached, the applicant can submit a conditional-use application for review by the planning commission.

Prieto and Matthews have argued that because they are the only full-time residents in the strip of row homes, their application should carry more weight.

The planning commission’s recommendation came after a lengthy discussion on the details.

Poirey offered six amendments, five of which failed.

Commissioner Alan Roth tried to introduce a substitute ordinance, but was rejected because it was not on the public agenda.

Ultimately, Keane was successful in getting the panel to vote on the draft ordinance as presented, with the addition of a single amendment that would allow only one nonresident or nonresident equivalent employee in low-impact home businesses.

“We didn’t want to put too many impediments in front of applicants. We wanted to make the process as smooth as possible, recognizing existing building conditions and, at the same time, incorporating it in a way that makes sense for neighborhoods,” Keane said.

Mayor and city council will consider the home occupation ordinance at a future meeting.