A garage constructed earlier this year in South Bethany on the property of Alfred Buhr is cause for concern among some residents. Some of Buhr's Anchorage Avenue neighbors are opposed to the structure for many reasons and, because of a town error, the building's future is in question.

The garage exceeds the allowable height requirements for an accessory building by 6.5 feet. Accessory buildings cannot be taller than 15 feet, according to South Bethany town codes.

Residents want the problem corrected, but to date town officials have done nothing to address their concerns. Town officials gave Buhr permission to construct the garage at that height, according to Town Manager Wayne Stacey.

Stacey said Buhr came to town hall with all required county permits escorted by an engineer. At the time, the town was without an on-duty Building Inspector/Code Enforcement Constable.

Stacey, who had "picked up the slack," called George Stevenson for advice.

Stevenson is the former town inspector who was aiding the town with issues until his replacement could be found.

Stacey said he and Stevenson reviewed the plans over the telephone and inadvertently overlooked the fact that the garage was considered an accessory building or outbuilding.

Accessory buildings have different requirements than primary buildings as outlined in town code.

The code states in Chapter 145 Articles X, XI, XII and XIII that accessory buildings must be 25 feet away from property lines in the front and rear and have eight feet clearance on either side of the structure. These buildings also cannot exceed 15 feet in height.

Buhr's garage is 21.5 feet tall, which was planned to accommodate his motor home, according to Stacey.

Stacey said the reason the garage was built at the given height was because of roof pitch requirements in town code. All roofs must be a 4/12 pitch. This denotes the angle of the rooftop.

"Flat roofs are prohibited in the town," Stacey added.

Wendy Manley, wife of former council member Tim Manley, said she is opposed to the structure as it is currently designed.

"It's quite offensive to look at," she said. "It looks like an airplane hangar."

Manley said she also dislikes the appearance of the side of the building that faces her home, describing it as all sheet metal with no windows.

Mike Bevenour, another neighbor, said he was surprised when the garage was constructed, adding that it seemed to "appear overnight."

Bevenour said he spoke with Buhr and said he thought the over-sized garage was out of character with the area, as well as too large.

"I feel bad for the Buhrs," Bevenour said. "They felt they were working within conformance. I feel Al [Buhr] was trying to mitigate the calls on the Winnebago, but I'd rather look at the Winnebago."

More than anything at this time, Bevenour is trying to discover what is going on with the garage and what actions, if any, the town is taking.

"My fear is the longer no action is taken, the harder it will be to clear up," he said.

His sentiment was echoed by Manley who added that a real estate agent advised her it could have a negative effect on her rental unit.

Manley said she supports the Buhrs' right to improve their property.

"But, we also have the right to object," she added.

Stacey said a resident brought the problem to his attention by pointing out the garage was classified as an accessory building and was too tall according to code.

He said when he realized the error, he immediately contacted council and the town solicitor, Terence Jaywork.

Stacey said Jaywork offered a solution that would have Buhr consolidate the two lots he owns where the garage sits adjacent to his home and apply for an Exceptional Practical Difficulty ruling.

This means that Buhr could be given an exception because of the costs of changing the approved building. To do this, Buhr must submit an application to the board.

Town officials are in contact with the Buhr family, who declined to comment on the issue.

For now, no action has been taken as officials wait for Buhr to take his case before the town's Board of Adjustment Committee.

"I don't think [Buhr] intentionally did anything wrong," Bevenour said. "But the town needs to correct their mistake."

Reach Roxann Moore at (302) 537-1881, ext. 108, or by e-mail at mailto:rmoore@smgpo.gannett.com

Originally published Wednesday, September 10, 2003