DEVELOPMENT

Sussex Board of Adjustment stalls variance to allow sunroom

Neighbors claim house addition would ruin their water views

By Brian Gilliland
Posted 7/3/24

An oddly shaped parcel — which, if developed, could interfere with views neighbors say they partially own — was up for discussion before the Sussex County Board of Adjustment on Monday.

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DEVELOPMENT

Sussex Board of Adjustment stalls variance to allow sunroom

Neighbors claim house addition would ruin their water views

Posted

GEORGETOWN — An oddly shaped parcel — which, if developed, could interfere with views neighbors say they partially own — was up for discussion before the Sussex County Board of Adjustment on Monday.

However, any action on the Selbyville site was stalled after questions of utility access arose.

The lot in question sits at Tyler Avenue and Lincoln Drive. Its owner, Michelle Kinsey, is hoping to add a sunroom to her property, whose northernmost border is determined by a canal — a body of water that ends on her land.

Currently, this section is open and has been for some time. Residents across the street say they enjoy a reasonable view of the canal without having waterfront property themselves.

These neighbors asserted, and the applicant did not dispute, that property owners in the subdivision, known as Cape Windsor, each have an equal ownership stake in the community, including the canals.

But now, the 10-year property owner, because she wishes to add the sunroom, needs a zoning variance, one of several contained within the proposal before the Board of Adjustment.

One thing the board looks for in an application is the approval of the homeowners association, which Ms. Kinsey has, albeit conditionally.

A letter signed by Rick Gray of the association, dated March 29, indicates that he has no objection to the site plan but adds a warning.

“The primary concern regarding your new build is that the five-foot easement remains unaffected,” Mr. Gray’s letter stated. “If any materials, such as cement or pavers, cover the easement and the Association requires access to the utilities within it, the owner is responsible to replace the removed materials.”

It is this condition the board wanted more information on, therefore delaying its action on the request.

But, as this was a public hearing, it also needed to hear from the neighbors. Several stood in opposition by commenting publicly during the hearing, submitting comments online or signing a petition.

The project did garner letters of support but no comments saying so during the session.

“When we bought that property 23 years ago,” said adjacent neighbor Doug Tenly, “we had a perfect view right down the middle of that canal. It would devastate our property value if she puts a structure up there on that.”

Karl Schmidt, another neighbor who spoke against, said he built a home in the subdivision in 2001.

“We put the house there because of the view. We can look all the way down the canal to Ocean City, (Maryland),” he said.

In response, Ms. Kinsey said, “I feel like I paid a premium to have a waterfront lot, and I feel I should have the ability to utilize my property to meet my needs. I have extensively reviewed my plans with the HOA. I have done all the due diligence I can do to build within the guidelines of Sussex County and my HOA.”

Ms. Kinsey then commented on the bad blood this has created between herself and the neighbors. She added that she feels she needs to retain counsel to move forward.

The Board of Adjustment ultimately voted to delay the determination on the issue until its July 15 meeting. It will hold the public record open to gather more information on a utility easement only, disallowing other public comment.

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