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Sussex County will appeal Superior Court ruling

Cape Gazette of Lewes, Delaware

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Sussex County Council voted 3-2 at its May 17 meeting to appeal a Superior Court ruling overturning a Nov. 1, 2010 decision by the board of adjustment to the Delaware Supreme Court. Attorney David Rutt recommended an appeal. Councilmen Vance Phillips, R-Laurel, and Sam Wilson, R-Georgetown, voted against the recommendation saying they agreed with the court ruling by Judge Scott Bradley. The board voted 5-0 to deny a request from Francois Verleysen and Walter Kotowski for a 10-foot variance from the required 10-foot-side-yard setback from an existing shed. The

board ruled the request did not meet the hardship standards for granting a variance. The court did not agree with the decision.

Verleysen said he purchased lot 20 in Washington Heights near Rehoboth Beach in 2009 and has done renovations to the cottage and built a new shed and barbecue area. He said, although he did not obtain a building permit, the new shed was built in the same location as a previous shed. He said there was no other place to locate the shed. He presented letters of support and petition with 10 signatures in support of the application. One letter in opposition was sent to the board.

Original Publication Date: May 27, 2011



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