Rehoboth BoA grants variance allowing shed in backyard

By a vote of 3-2, the Rehoboth Beach Board of Adjustment approved a variance request related to required natural area and maximum lot coverage that will allow the placement of a 6-by-8-foot shed in the backyard of 17 Stockley St.

During a hearing Aug. 28, property owner Jay Rosenblum said he and his wife Robin suffer from chronic physical conditions that affect their ability to walk up and down stairs, and carry heavy things. Their house, he said, has no outside storage available, which means they have to carry their bikes and lawnmowers up and down their basement steps when they want to use them. 

The smallest shed available was chosen and it’s shorter than the surrounding fence, so it would not be a detriment to the neighbors, said Rosenblum. There will be no electricity or plumbing, he said, adding they were open to a condition of approval requiring removal of the shed if they ever sold the house. The Rosenblums purchased the house in 2020.

Board Chair Barry Brandt said he appreciated the offer, but variances go with the property, not the owners, so the shed would be allowed to stay even if the house is sold.

Amy Evans, a neighbor to the Rosenblums, spoke in favor of the shed. She’s seen the Rosenblums struggle, she said.

Board member Edith Herron said she thought the request was a matter of want and of convenience, not exceptional difficulty. The handicap is with the owners, not the property, and a favorable vote on the variance just adds to the creep of buildings taking up more space, she said.

Board member Jan Konesey said everybody in Rehoboth Beach would like to have a shed and that everybody has a reason. There are so many people who would like to have a shed, but can’t have one, she said.

Konesey also echoed Herron’s concerns, adding that she’s very concerned about the creep too.

Board member William Perlstein said he recognized that once the board starts down this road, it will be difficult to say where it ends, but there aren’t any neighbors speaking against the request, and the request would put them just percentage points over.

Board member Mark Saunders said he thought the Rosenblums demonstrated a clear disability and met the criteria in every way.

Side-yard setback variance

The board also unanimously approved a variance request related to side-yard setbacks at 17 Park Ave.

Representing the property owners, Burton Builders owner Randy Burton said the surveyors erred when a survey was done in advance of the owners purchasing the 1930s beach cottage in 2020. The owners hired Burton Builders to add onto the existing house, but the error wasn’t discovered until the project neared exterior completion and a preliminary final survey was conducted by a different survey company, he said.

Burton said the error in the original survey resulted in a 2.7-square-foot triangular portion of the new addition encroaching into the side-yard setback. If the variance wasn’t granted, it would add months to the project. To fix it properly would mean removing feet from the house and the foundation, and then having to rerun electric and water, he said.

“I’m the frustrated architect here,” said Burton.

Ultimately, the board granted the variance because the members didn’t think it was fair that such a minor measuring error be held against the property owners.

Brandt said the biggest thing in favor of the applicant was how the surveyors couldn’t seem to come up with the same measurements.

Editor’s note: This story has corrected the spelling of board member Jan Konesey’s last name.