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Lewes, Delaware
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March 15, 2013     Cape Gazette
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March 15, 2013
 

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34 FRIDAY, MARCH 15- MONDAY, MARCH 18, 2013 NEWS , Cape Gazette Bradley denies city's bid for reargument By Ryan Mavity Compliance, the addition of a ryanm@capegazette.com patio would have to cause an enlargement of the structure A Delaware Superior Courtthat Stingray uses for restaurant judge has overturned the purposes," he wrote. Rehoboth Beach Board of Ad- Continuing, Bradley wrote, justment's denial of a variance "The addition of a patio will for an'outdoor patio at Stingray not require an enlargement of Sushi Bar and Asian Latino Grill. the structure that Stingray uses Delaware Superior Court for restaurant purposes, Thus, Judge E. Scott Bradley reversed Stingray does not need to obtain the Rehoboth board of adjust- a certificate of compliance." ment's ruling denying a variance Bradley wrote that city code for the restaurant to build a defines a patio as a deck or porch 720-square foot patio, used in connection with the res- Bradley agreed with Stingray taurant, although not necessarffy attorneys that the patio was not attached. He said if the patio is an extension of the premises, not necessarily attached, then it and that the board applied the is not part of the restaurant, and wrong legal standard in denying the addition of a patio is not an a variance, extension of the restaurant. After Bradley's original deci- Bradley also found that the sion on Feb. 28, city of Rehoboth board applied the wrong stan. attorneyDanGriffithfiledamo- dard in denying Stingray's tion to reargue the case.variance. The board grants vari: The city maintained all along ances based on whether the that the patio is an extension of applicant can prove a hardship the restaurant. In his decision, or exceptional practical difficul- Bradley said as defined in the ty if the variance is not granted. city code, modifications and While the board asked 11 times extensions are limited tO the about hardship, Bradley said, not portion of the structure used as once did it ask about an excep- a restaurant, tional practical difficulty, which "In order for Stingray tois the standard the board should have to obtain a certificate of have applied. He said in this case, RYAN MAVlTY PHOTO STINGRAY RESTAURANT in Rehoboth Beach got good news when a Superior Court judge overturned theboard of adjustment's denial of a variance for an outdoor patio. City attorneys filed a motion for reargument, but Judge E. Scott Bradley denied the motior~. an inability to improve one's expansion. He wrote that Sting- reaffirming his original decision. business in the face of area limi- ray's variance request related Stingray originally went to the tations qualifies as a legitimate to the use of the property and city in April 2010 to get a permit exceptional practical difficulty, should be held to the standard to operate an outdoor patio; the In his response, Griffith wrote requiring the restaurant prove a city commissioners denied the Bradley misapplied the law. substantial hardship, request. Griffith said Stingray, in its John Paradee, attorney for A year later, Stingray went own words on its permit of com- Stingray, said seeking a permit before the board of adjustment pliance application, referred to of compliance was not an ac- for avariance, which was needed the patio as an expansion, knowledgment that the patio was before a permit of compliance "The plain and ordinary an expansion. He said Stingray could be granted. meaning of those words made was forced to seek the permit at The restaurant's area is more clear that a patio was, in fact, the insistence of the city's build- than 5,000 square feet, but was an extension of the restaurant's ing and licensing department, grandfathered since it was built premises," he wrote. Paradee said Bradley's decision before the zoning code was ad- Griffith said Stingray began by was correct, and the city's rear- opted in 1991, making it a legally filing for a permit of compliance, gument should not be heard, nonconforming use. When the which would only be necessary if Bradley agreed, and denied board denied the variance, Sting- Stingray knew it was seeking an the city's motion for reargument, ray went to court. 1 You get the picture -join early, save morel Bear-Elasgow "Brandywine YMCA Family YMCA 3 Mr. Lebanon Road George WilliamsWay Talleyville Rt. 40- Bear 47B-YMCA B36-YMCA 351 TUESDAY 4 5 Joiner Joiner Fee s4 Fee s5 11 12 Joiner Joiner Fee Sll Fee S12 18 19 Joiner Joiner Fee S18 Fee s19 Joiner Joiner FeeS25 FeeS26 Central YMCA 501 West Street 1 Downtown Wilmington 254-YMCA WEDNESDAY THURSDAY 7 Joiner Joiner Fee S6 Fee s7 13 14 Joiner Joiner Fee S13 Fee $14 20 21 Joiner Joiner Fee $20 Fee s21 FRIDAY SATURDAY SUNDAY 1 2 3 Joiner Joiner Joiner Fee S 1 Fee S2 Fee $3 10 Joiner Joiner Joiner Fee S8 Fee S9 Fee S 10 15 16 17 Joiner Joiner Joiner Fee Sl 5 Fee Sl 6 Fee Sl 7 22 23 24 Joiner Joiner Joiner Fee S22 Fee s23 Fee S24 27 28 Joiner Joiner Fee s27 Fee S28 Dover YMCA 137 S. 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