Kent County Board of Adjustment Meeting - January 22, 2026
Kent County Board of Adjustment Meeting - January 22, 2026
The Kent County Board of Adjustment convened on January 22, 2026, to conduct a public hearing regarding variance applications and hold an election of board officers. During the session, Application A26-02 was withdrawn, resulting in its removal from the agenda. The board reviewed Application A26-01, involving a request by Douglas and Cindy Jacobs for a front setback variance. After hearing testimony and deliberating on the four legal standards for variances, the board voted to approve the application. The meeting concluded with the unanimous re-election of board officers for the upcoming term.
Consent Calendar
- Election of Officers:
- Chair: Mr. Brian Cusick was nominated and unanimously re-elected as Chair (5 votes for, 1 recused).
- Vice Chair: Ms. Hudson was nominated and unanimously re-elected as Vice Chair (5 votes for, 1 recused).
- Minutes Approval: The minutes from the December 18, 2025, meeting were approved unanimously.
- Notice of Decision Approval: Approval granted for decisions regarding Applications A-25-3, A-25-34, and A-25-25.
Public Comments & Testimony
- Darren Simpson (Blue Hend Construction, representing the Jacobs):
- Expressed that strict adherence to the 25-foot front setback would create an "exceptional practical difficulty" by limiting the home's design to a 28-foot depth, preventing it from being reasonably sized.
- Stated the request is necessary to maximize the usable footprint and align the property with neighboring properties that have received similar variances (10-foot setback).
- Clarified that the side setbacks remain at 10 feet and that the Denrec Easement and Do Not Build Line create the specific practical difficulties, not the Do Not Build line alone.
- Positioned the request as in keeping with the neighborhood character and the zoning district (AR).
- Board Members (Public Testimony/Positions on A26-01):
- Mr. Simpson (Speaker): Stated positions aligning that the variance is necessary due to the Denrec easement and non-buildable lines creating exceptional practical difficulties.
- Mr. Jenkins: Expressed support, citing the Denrec easement and non-buildable line as creating exceptional practical difficulties for the owner.
- Mr. Gallo: Expressed support, noting that the applicant representative demonstrated exceptional practical difficulty and the granted variance appears reasonable.
- Ms. Denny: Expressed full support, agreeing that the Denrec easement presents an exceptional practical difficulty and aligning with the planner's recommendation.
- Ms. Hudson: Expressed support, agreeing that the application meets all four required criteria per staff recommendations.
- Mr. Cusick: Expressed support, stating the application checks all four criteria.
Discussion Items
- Application A26-01 (Jacobs Variances):
- Nature of the Zone & Vicinity: The board discussed the AR zoning district and the character of the immediate vicinity on North Bay Drive, noting that neighboring properties have already been granted similar 10-foot variances.
- Exceptional Practical Difficulties: The board deliberated on the constraint created by the Denrec Easement and the Do Not Build line, which limits the buildable area to a 28x50 footprint if the 25-foot setback is strictly enforced. Testimony clarified that the elevation of the home allows for parking underneath, mitigating issues with the street.
- Effect on Neighboring Properties: Board members concluded that removing the restriction would not seriously affect neighboring properties, as the variance aligns the new structure with the existing neighborhood pattern.
- Application A26-02:
- The applicants withdrew this application, and it was removed from the agenda.
Key Outcomes
- Application A26-01 Approved: The board voted 5 in favor to approve Application A26-01, granting a variance from the 25-foot front setback to a 10-foot front setback. One member (Mr. Simpson) recused himself from the vote on this specific item.
- Adjournment: The meeting was adjourned following the approval of the application.
Meeting Transcript
Well, and then my COVID to ground the closed web. But it will be a part of our speech, but if you like to depend on which meeting is being transcribed and summarized. Can you uh please call um roll call, please? Yes, sir. Mr. Jenkins. Here. Mr. Gallo? Here. Mr. Simpson. Here. Miss Denny. Here. Miss Hudson. Here. Mr. Cusick. Here. Thank you. That is six present. Thank you. Good evening, everyone. My name is Jesse Lindenberg. I am a planner with planning office, and I will be residing as the hearing officer for tonight's meeting. To my left, we have Mark Kennedy, our AT specialist, and down at the end, we have Mr. Fred Townsend, the legal counsel for the board. Thank you. At this time, everyone please stand for pledge allegiance. Yes, sir. The applicants for application A twenty six oh two have withdrawn their application, so we would need to remove that from the agenda. All right, thank you. Public hearing introduction. Good evening, everyone. My name is Jesse Lindenberg, and I will preside as the hearing officer for tonight's public hearing. This hearing is being conducted for the purpose of providing the citizens of the county an opportunity to present testimony on these applications before the Kent County Board of Adjustment. Everyone will have an opportunity to speak. This will provide those who wish an opportunity to give their testimony. If there is a group of interested citizens in favor or opposed to any of the applications, they may wish to elect one spokesperson among them to present testimony to the board. Furthermore, there shall be no cross-examination of witnesses permitted during the public hearing, but the board can ask the applicant questions after any opposition if necessary. As a courtesy to other participants in this hearing, a maximum of five minutes will be allotted to any person who wishes to provide testimony. The chairperson of the board has the discretion to allow additional time if deemed to be necessary. To make statements when your application is called, and for the record, please give your name, address, and allow our attorney to swear you in prior to providing testimony. Copies of any written statements or exhibits used during the hearing should be presented for identification so that they may be included in the permanent record. The procedure on each application will be as follows. The legal notice will be read on each case prior to the receipt of testimony. There will be a brief explanation of the application by the staff. The board will then receive testimony from all of those in favor of the application, followed by testimony of those who may be opposed. Once those persons in favor and those in opposition have had an opportunity to speak, the hearing on the application will be declared closed.
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