Small Town News

Sussex eyes reducing variance cost

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Ordinance would bring county process in line with Kent, New Castle

Sussex County could fall in line with Kent and New Castle counties as it seeks to expedite the variance process to make it less costly.

Under a proposed ordinance, the director of planning and zoning would decide on variances related to setback and building separation violations of 1 foot and less. The board of adjustment currently rules on all variances.

With a pair of public hearings complete, neither county council nor the planning and zoning commission has voted on the proposed ordinance. Council awaits a recommendation from planning and zoning; that body deferred on a decision at its March 10 and 24 meetings.

Commissioners are concerned about controlling repeat offenders and that the new process would eliminate public hearings.

In a letter read to council at its March 29 public hearing, board of adjustment attorney Richard Berl backed the ordinance.

"Numerous individuals, including owners of manufactured homes, have complained about costs, and that was what we were trying to minimize and which the ordinance addresses," he wrote.

Berl supported placing manufactured homes under the proposed ordinance, but Lawrence Lank, director of county planning and zoning, made it clear manufactured homes are not included.

The proposed ordinance allows the director of planning and zoning to rule on

variances of 1 foot or less. Applicants would pay a $50 fee and letters describing the application would be sent to adjacent property owners. A survey would be required to be submitted with the application. A decision would be required within 30 days. Objections by neighbors could

spark submission of the variance to the board of adjustment. If the director deemed the application should be forwarded to the board of adjustment, the $50 fee would be credited to the $400 board application fee.

Under the current variance process, the cost - including the application fee, survey and possible legal fees - could reach as much as $1,000.

Under the proposed ordinance the cost of minor variances would be cut in half. County officials have not been able to estimate how many variance applications would fall under the proposed ordinance other than to say some surface each month.

Lank said he was not aware of any major problems encountered by the other counties. New Castle has the same process as proposed in Sussex County, while Kent County's administrative variance is triggered when the variance is 10 percent or less of the setback or required distance. Two manufactured-home residents spoke in opposition to the proposed ordinance.

Roberta Hemmerich of Lewes said she applauded the effort to make the variance process easier. "We've been assured this ordinance would have nothing to do with manufactured homes, but we still need that to be clearly stated in wording. Intent without verbiage can be manipulated by attorneys; we've seen this happen in the past," she said.

John Walsh of Rehoboth Beach

agreed with Hemmerich. He said Berl's letter inferring that manufactured homes should be included under the ordinance creates confusion. He also said the proposed ordinance lacks transparency. "There would be one person deciding this in private what previously was decided in public by a five-member board. This could possibly lead to difficulties." He said the proposed ordinance does not contain provisions for publication of decisions or state an appeal process.





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