Dewey board of adjustment to hear modified requests June 13

In response to concerns from nearby property owners at a May 16 Dewey Beach Board of Adjustment public hearing, Bay Resort Hotel representatives have withdrawn two variance requests for proposed renovations.

The board granted a request for a special exception for an elevator bulkhead structure to extend 42 inches above the roof peak, but did not take action on other requests from owner Moore Blue Water.

At the start of the meeting, Board Chair Julie Johnson said members were presented with a great deal of information and votes may not occur that evening.

Residents voiced concerns about the proposed relocation of a pavilion and a proposed outdoor pool.

One resident said she thought the area where the pool was proposed was protected wetlands, as she had seen many animals there. The area also floods often, she said. Another resident said she was concerned about the health of the wetlands, the bay and Sunset Park. One Cajun Cove resident said moving the cabana would increase the amount of noise in his neighborhood, and another said he opposed all variance requests because the town had a reason for implementing the regulations in the first place.

Johnson said the town received four emails from residents who were concerned about allowing a freeboard exception and its impact on flood insurance rates; setback requests with no precedence; and that business requests could trump residents’ interests. Another resident questioned why a building code was in place if it wasn’t followed.

Attorney Glenn Mandalas, representing Moore Blue Water, said at the hearing that he didn't know about any concerns for wildlife and would present them to hotel representatives.

At the end of the hearing, the board left the record open for written submissions regarding the four variances, two special exceptions and an appeal of the town building official’s decision that a proposed outdoor pool would not be in compliance.

In a May 31 letter to the board, Mandalas said residents had discussed the incredible viewsheds of both nature and wildlife they enjoy. 

“Having thoroughly considered their concerns, my client has decided to withdraw its proposals to relocate the pavilion and construct the outdoor pool,” Mandalas wrote.

Remaining requests include variances to enclose the existing outdoor pool and construct a deck, to allow for a cabana on the north side of the property, and for relief from the town’s freeboard requirement, which Mandalas said goes beyond that which is required by FEMA, but is lower than the town’s standard.

In his May 31 letter, Mandalas said because the hotel is already higher than FEMA’s required base flood elevation, the town is not at risk of being suspended from the National Flood Insurance Program and there’s no tangible risk that flood insurance premiums would increase.

Mandalas said Moore Blue Water has experienced exceptional practical difficulty and hardship in its planned, normal improvements to the property, which he said is deteriorating, because the hotel is legal nonconforming. The hotel was built after town zoning requirements were enacted, and the regulations have changed dramatically over 40 years, Mandalas said.

The public hearing will resume at 6 p.m., Monday, June 13, at the Lifesaving Station, 1 Dagsworthy Ave. For the full agenda and Zoom link to the meeting, go to townofdeweybeach.com.