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April 14, 2000     Cape Gazette
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April 14, 2000
 
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Rehoboth Continued from page 8 along that strip. R6 would en- compass the Schoolvue neighbor- hood, where the lots are larger than the usual 50-by-100 feet, ex- cept for Scarborough Avenue, Ex- tended, where lots are narrower, and the Rehoboth Elementary School property, which would be designated 6A. They addressed the fact that there are some lots along Hen- lopen and Columbia that fall short of 5,000 square feet and how they could be accommodat- ed, given the fact that they have been included in the R3 district. "You don't want to spot zone," McCaney advised, noting "This is where the rubber meets the road." He advised that the owners of such lots plead hardship before the board of adjustment and re- quest a variance. While they may be noncon- forming, Mayor Sam Cooper pointed out that if they have 50 feet of frontage and are still along the lines of the original city plot plans, then they would remain buildable. Currently, if someone has a lot 84-feet in depth, they would need a variance to build a new dwelling. However, if there were two merged lots with less than the required square footage, they couldn't be perfunctorily partitioned into two buildable lots. A lengthy discussion ensued about the legalities concerning mergers and partitionings. "I'm more concerned with what's going up than coming down. It's not like we have 300- year-old houses, we have a lot of Nanticokes," said Commissioner Richard Sargent. "Whether we split up the lots or put them to- gether is what's important." What bothers Sargent is that if someone has an empty lot, they can build according to city code without going to the planning commission. Someone wishing to partition parcels into conform- ing lots and build must answer to the planners. They also discussed the powers of the building inspector vs. those of the planning commission with regards to final building ap- provals under a Neighborhood Preservation Ordinance. Before a building permit is issued, Mc- Caney said the planners could re- view the plans to confirm they conform to the new standards of a particular district in an advisory capacity. "We're asked to review things a lot of the time, but when we say a deck isn't appropriate we have no power to stop it if it meets code, so what's the point?" asked plan- ner Jan Konesey. "The best path is the tightest code," MeCaney replied. Planner Mable Granke added that oversights in enforcement of present code also occurs, such as with the requirement that 40 per- cent of a lot must be devoted to green space. "We need new stan- dards because the minimum stan- dards can totally overpower a neighborhood," she said. McCaney advised that with the green space, more could be re- quired in the front of the lot, rather than anywhere on the prop- erty. Cooper noted that under ex- isting code, someone seeking a partitioning doesn't need to demonstrate what they will build, although the planners have often requested that the petitioner bring plans to the table for inspection. But Sargent noted that if someone wanted to create a subdivision and sell off the undeveloped lots, they wouldn't be required to pres- ent building plans. Commissioner Patti Shreeve suggested they could set up a review policy under the new code, but City Solicitor Walt Speakman warned that the conditions would have to be rea- sonable and not arbitrary provi- sions. "You'll be overburdened if you examine every plan. You've hired a professional and you ei- ther have confidence or you don't." Sargent suggested that a group of three planners could review building plans and if there are possible problems, the entire commission could review them. "It's not the role of the planners to look over the building inspec- tor's shoulder. You could talk to the builder and try to influence their plans. There's no avenue for input now," McCaney said. Granke, noting the present process isn't coordinated, said "any decisions on what goes on the land should be looked at ac- cording to the standards in the code." If the city wants intercon- nection, they should examine what exists and what is proposed, along with the placement of a structure. Before the group dis- persed, they discussed problems concerning bulk and allowable height, which as now defined, pe- nalizes the builder for incorporat- ing a sloped roof, as a flat and less desirable roof allows more build- able space inside. McCaney advised that other communities have adopted new height provisions measuring on a plane sloping inward at a 30 de- gree angle. They also discussed the floor to area rations (FAR), which is difficult to calculate and enforce due to varying ceiling heights, and ended by noting their unhappiness with the appearance of some of the new multifamily dwellings that are being built in the city. McCaney told them that they could adopt provisions that required multifamily dwellings to be indistinguishable from the typ- ical single family home. He said he would return to the Monday, May 24 meeting the draft codes for each of the districts he drew up and they would also continue discussing some of these issues. Est. 1958 HAZZARD Electrical Contractor L.P.I. Cert. 959 645-8457 645-9060 1-800-610-8457 CERTIFIED LIGH TNING PROTECTION P.O. 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