Sea Esta Motel property rezoning approved

Following a recommendation by the planning and zoning commission, Dewey Beach commissioners voted unanimously April 12 to approve the rezoning of 24 Houston St. and to amend the comprehensive map accordingly.

Speaking via Zoom, Vincent C. Thomas of GIR Properties LLC said he and partners Paul Perna and Mike Williams want to change the zoning of the property from Resort Business-2 to Resort Residential to build three single-family homes on the three divided lots, each measuring 50 feet by 100 feet.

The rezoning would better fit the character of the district, Thomas said, and three homes would cause less congestion than the current 30-unit Sea Esta Motel, which is on its last legs. Redeveloping a blighted property conforms with the town’s comprehensive plan, he said, and removing the curb cut-out on Coastal Highway promotes safety.

The application went through the state Preliminary Land Use Service process and received no comments or objections from any state agency, Thomas said.

Commissioner Gary Persinger said he thought the LLC members planned to operate the hotel another year and asked for clarification. 

That was the original intention, Thomas said, noting he and partners are still in negotiations with the property owner. The sale is set to close in June, he said, and if the owner doesn’t open the motel before then, he and his partners will be under the gun. He suggested an effective rezoning date of Oct. 1 would be sufficient.

Commissioners voted unanimously on Persinger’s amended motion to approve the request with an Oct. 1 rezoning date. Council cited the building’s age, safety and consistency with contiguous properties as reasons for approval.

After the vote, Thomas asked if the rezoning effective date has any impact on their ability to demolish the motel in the summer, if permitted.

Town Counsel Fred Townsend said the permit to demo would not be impacted by the nature of the zoning district. The issue is pulling the building permit, he said; a permit can’t be pulled to redevelop a property until the effective date of the zoning change.

Assistant Town Manager Jim Dedes confirmed that demolition and building are permitted in the summer, just not pile driving.

Thomas asked if he and his partners could submit the permit application earlier so it could be pulled Oct. 1, and Townsend said they could meet with the town building official but that a permit couldn’t be issued until the zoning date is effective.

Perna then spoke in person, stating that if the motel doesn’t open this summer, they would have more time for demolition and for donating materials and fixtures to Habitat for Humanity. With the property then a clean site, he said, it would be nice if they could apply for the building permit and go through the approval process and be ready to go by Labor Day.

Thomas asked if the effective date could be changed to immediately and the property could be a nonconforming use until October, and was reminded commissioners had already voted.

Townsend said the property can only be legal nonconforming if its use predates the zoning change, but once the zoning is changed, it must be operated in accordance with the zoning.

Building Official Daune Hinks confirmed that she must review building plans in accordance with the zoning district of the property. Hinks said she could consult with property owners before then, but that she would only be able to approve plans when the rezoning is effective.