Ocean View Board of Adjustment grants sign-variance for 70 Atlantic Avenue

The Ocean View Board of Adjustment voted to approve a variance allowing the owner of 70 Atlantic Avenue to install a 19.75-square-foot wall sign, concluding that the town’s 10-square-foot limit would make a sign on that façade unreadable from Route 26.

Town staff opened the hearing with an overview of application V-473, noting the applicant (Phillips and Gay), property owner (Terrell Phillips LLC), parcel identifiers (EIDN 065001, county tax map 13412530), and the code sections the board must apply (Article 5, sec. 14065; Article 17, sec. 14108; referenced Title 22 sec. 3-27 of the Delaware Code). The applicant, Ronald Wilson, testified he recently purchased 70 Atlantic Avenue and said his law office will occupy the space; he told the board the existing front sign is obscured by trees and the 10-square-foot side sign permitted by code is not legible at typical viewing distances on Route 26.

Matthew Mariner of That Art Design Company, sworn as a witness, described the proposed fabrication and said the letters would be routed and nested on a 4-by-8 sheet to minimize material waste. Mariner testified the actual routed material area would be compact even though the proposed wall sign panel totals 19.75 square feet.

Board members and staff questioned whether the parcel sits in the GB-1 district, whether neighboring properties would be harmed if a larger sign were allowed, and whether future changes to adjacent spaces could alter sightlines. Planning/operations staff told the board that many businesses in the General Business District have received sign variances in the past, that the town is working on sign-code revisions, and that planning staff did not object to the requested variance. The applicant and designer confirmed the proposed sign will not be externally lit.

After public comment was opened, no members of the public spoke for or against the application. A board member moved to approve the variance, citing the lack of detriment to neighboring properties and the visibility hardship; a second followed. Multiple members stated they voted in favor and incorporated staff and applicant testimony into their reasoning. The Chair announced the motion carried, stating five in favor and none opposed. A staff member clarified that the vote is not final until the board’s written decision is prepared and filed in the office of the Board of Adjustment; the written decision will trigger a 30-day appeal period and staff said they aim to issue the decision within the month.

The board’s action allows the applicant to install the proposed 19.75-square-foot wall sign at 70 Atlantic Avenue, subject to the Town’s written decision and any timely appeal. The applicant said he wants a sign that is visible to passersby but not obtrusive: "I just want people to know I'm there," he told the board. The hearing record includes discussion of the code findings the board relied on, including the exceptional practical difficulty standard set out in Article 17 of the town code and Title 22 of the Delaware Code.