Amendment Helps Ease Passage
Dewey Beach may yet have a 35-foot height limit written into its charter. After much contention between Rep. Pete Schwartzkopf, D-Rehoboth Beach, and Dewey officials and citizens, a charter change to limit building height to 35 feet passed unanimously in the House May 14.
Despite being passed by referendum with 86 percent of the vote, the charter change came under scrutiny by Schwartzkopf for possible conflict with state law. Zoning laws are typically placed in town codes, where citizens can easily appeal them to a board of adjustment, he said. Inserting a zoning law into a town’s charter makes it much harder to appeal.
By securing a height limit in the town charter, Dewey officials hope to protect the limit from developers who aim to build above 35 feet.
Schwartzkopf chairs the house administration committee, where the bill was introduced in January as House Bill 50. Schwartzkopf vowed the bill wouldn’t make it out of committee without an amendment guaranteeing the right of an appeal to a board of adjustment.
Mayor Dell Tush said HB50 would have languished without an amendment.
“Absolutely,” she said. “Rep. Schwartzkopf and Rep. Hocker both made it pretty apparent that the only way it would go through would be with an amendment. We had no choice. We had to do it.”
She is thankful, however, the original amendment was shortened from five pages to one.
“I was very pleased, obviously. I understand the concern that the General Assembly had, so I was glad that the original amendment was trimmed down,” she said.
Citizens to Preserve Dewey (CPD), a civil action group composed of Dewey property owners, drew ire from Schwartzkopf for its active support of HB50. CPD opposes an amendment, claiming it weakens HB50.
“It’s a concern that the amendment weakens the intent of the Dewey voters,” said CPD member Rick Judge. However, Judge said he is comforted by the endorsement of town attorney Glenn Mandalas. “I haven’t seen the amendment language,” he said. “If our attorney is content with it, then I assume it protects us.”
Judge said CPD is examining the amendment for loopholes.
“The initial feedback we’re getting says there is a concern,” said Judge. “If there’s a loophole in the language, then I’m very concerned.” The charter amendment proceeds to the Senate, where it will be heard when the General Assembly reconvenes Tuesday, June 2.
By Rob Kunzig | Cape Gazette Staff