Board of Adjustment Meeting - March 19, 2026
Board of Adjustment Meeting - March 19, 2026
The Kent County Board of Adjustment held a public hearing and business meeting on March 19, 2026, to consider one variance application (A26-05) and to approve previous meeting minutes and two earlier applications. The board voted unanimously to approve the variance.
Consent Calendar
- Business Meeting Minutes (February 19, 2026): Approved without objection.
- Applications A26-03 and A26-04: Approved by a motion and second, with all seven members voting in favor.
Public Comments & Testimony
- Application A26-05 (Mullen):
- Gene Mullen (applicant): Stated the property has a 16.5-foot deeded easement established in the 1920s. He requested a variance from the current 18-foot requirement to build a single-family dwelling (or a "barndominium") after a fire destroyed his previous pole barn. He noted the easement is already in use, has a 62-foot turnaround, and that infrastructure (well, septic, electric) is in place. He emphasized the property is landlocked without the easement and that denial would cause a significant financial hardship.
- Fred Zimmerman (neighbor, supporting): Owns the property adjacent to the easement. He recommended the board grant the variance, stating the request is reasonable.
- Ronald Emerson (neighbor, opposing): Owns the property over which the easement runs. He expressed concerns about traffic, speeding, and safety due to past use of the property for cabinet making and a shooting range. He stated that the easement was never used before Mullen bought the property. He also worried that a residence would lead to resumed business activities. The board clarified that the variance only concerns the easement width, not land expansion or business use.
Discussion Items
- Variance Criteria: The board reviewed the four Quick Check Realty factors: zoning district (AC), character of the area, effect on neighboring properties, and exceptional practical difficulty. Staff noted that the property is landlocked and the requested relief (1.5 feet) is minimal.
- Legal Context: The easement is 16.5 feet; the code requires 18 feet for residential structures. The variance does not change the easement dimensions or ownership.
- Board Deliberation: Members discussed that the applicant faces exceptional practical difficulty due to being landlocked, the financial impact of not being able to build, and the minimal nature of the variance. They noted that neighbor concerns about business or shooting are separate issues not within the board's jurisdiction.
Key Outcomes
- Application A26-05 (Mullen) – Approved: Motion to approve carried 7-0. The board found that the applicant demonstrated an exceptional practical difficulty (landlocked property, significant financial hardship) and that the variance (allowing a 16.5-foot easement for residential use) is minimally intrusive. The decision permits the applicant to construct a single-family dwelling using the existing 16.5-foot easement. Written notification will be mailed after the next scheduled meeting.
Meeting Transcript
This meeting is being transcribed and summarized. Good evening. Welcome everyone to the nineteenth Board of Adjustment Meeting. Can you please do roll call? Yes, sir. Mr. Galloway. Here. Mr. Carter. Here. Mr. Jenkins. Here. Miss Denny. Mr. Simpson. Here. Ms. Hudson. Here. Mr. Cusick. Here. Thank you. That's seven present. Thank you. Seven present. We have a quorum. Introduction of staff, please. Good evening, everyone. My name is Jesse Lindenberg. I'll be presiding as hearing officer for tonight's meeting. To my left is Mark Kennedy, our IT specialist, and down at the end, we have Mr. Fred Townsend, the legal counsel for 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 variance 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. Decisions on all applications heard this evening will be made by the board during the business meeting following the public hearing. However, you are not required to remain after the public hearing once your request has been heard and closed. During the business meeting, the board will consider all information of record. A common vote of four members of the board shall be required to make a decision on each application. If you do not wish to wait for the business meeting later this evening, you may call the Kent County Planning Department tomorrow between 8 a.m.
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