Kent County Board of Adjustment Meeting

Date: April 16, 2026
Time: Public hearing began at approximately 11:00 AM; business meeting followed.
Location: Kent County, Delaware
Board Present: Mr. Carter, Mr. Simpson, Mr. Jenkins, Mr. Gallo, Miss Denny, Miss Hudson, Mr. Cusick (7 members, quorum established).
Staff Present: Jamie Fensky (Hearing Officer), Mark Kennedy (IT), Fred Townsend (Legal Counsel).

This meeting included a public hearing and a subsequent business meeting to consider three variance applications. The board also approved minutes from the March 19, 2026 meeting and granted a one-year extension for a previously approved variance.

Consent Calendar

• Minutes Approval: Motion to approve the minutes from the March 19, 2026 Board of Adjustment meeting was seconded and passed unanimously.
• Notice of Decision – A-26-05: Motion to approve the notice of decision for application A-26-05 was seconded and passed unanimously.

Old Business: One-Year Extension for Application A-25-09 (Ms. Faye Wing)

• Purpose: Ms. Wing was previously granted a variance for a fence and accessory buildings due to the relocation of Walnut Chain and a DelDOT roundabout project. DelDOT is not yet ready for construction, so she requested a one-year extension.
• Discussion: Staff and DelDOT support the extension. The delay is out of the applicant's control.
• Key Outcome: The board approved the one‑year extension by a unanimous roll‑call vote (7-0). Members cited DelDOT’s timeline as the cause of delay.

Discussion Items & Key Outcomes

Application A‑26‑06 – Big Jim's Homes, LLC (Relocation of Manufactured Home)

• Location: Southeast corner of East Fourth Street and East Poplar Street, southeast of Magnolia.
• Zoning: RMH (Residential Manufactured Home).
• Request: Variances from 40‑ft front setback, 25‑ft rear setback, and the requirement that an accessory structure not be placed in the front yard unless 100 ft from the front property line. The applicant seeks to relocate an existing manufactured home that currently encroaches 16–18 ft onto a neighbor's property.
• Testimony in Favor: Applicant James Hartnett explained he purchased the property, later learned the home encroached, and wants to rotate it 90° to fit entirely on the lot without affecting neighbors. Neighbor Ed Halleck (lived in the neighborhood since 1966) supported the request, noting the applicant has cleaned up the property and that the relocation would improve the neighborhood.
• Testimony in Opposition: None.
• Board Discussion: Members noted the lot's double frontage creates inherent practical difficulties; the relocation will place the home entirely on the applicant's property and is an improvement over the current situation.
• Decision: Approved by unanimous roll‑call vote (7‑0).

Application A‑26‑07 – Tidewater Utilities LLC (Water Tower and Signage)

• Location: North side of Fire Tower Road, approximately 900 ft west of Turkey Point Road, south of Viola.
• Zoning: AR.
• Request: Three variances:
  1. Height of tower: Increase from permitted 80 ft to 140 ft (tower top at 137 ft).
  2. Sign size: Increase from permitted 280 sq ft (10% of building front) to 672 sq ft (24% of the bulb).
  3. Sign height: Increase from permitted 30 ft above grade to 124 ft above grade.
• Testimony in Favor:
  • Attorney Elio Batista Jr. of Tidewater Utilities noted identical three‑variance requests were approved for Eagle Meadows and Fork Branch in late 2024.
  • Engineer Charlie Barnett (Ritchie & Associates) provided technical justification: the 140‑ft height is needed for water pressure and fire suppression for the proposed 85‑lot subdivision and surrounding area. The 500,000‑gallon tank meets code‑required setbacks (nearest property line 140 ft away).
  • Regarding sign variance, Barnett argued the ordinance was written for buildings, not spherical tanks. Tidewater uses a standard sign‑to‑bulb ratio. Staff recommended denial of the sign size variance but supported the height variances.
• Testimony in Opposition: None.
• Board Discussion:
  • Height: Members agreed the height is necessary for adequate pressure and fire safety.
  • Sign Height: Considered logical given the tower height.
  • Sign Size: Split debate. Mr. Gallo voted against, stating the applicant did not demonstrate an exceptional practical difficulty for the size; he questioned whether a smaller sign would be legible. Others (e.g., Mr. Cusick, Ms. Denny) emphasized it is Tidewater's standard brand and that the tower's shape and height justify the size. Mr. Townsend suggested the board struggles with such routine relief and encouraged Tidewater to work with the county to amend the code to avoid future variances.
• Decision:
  • Height (80 → 140 ft): Approved 7‑0.
  • Sign height (30 → 124 ft): Approved 7‑0.
  • Sign size (280 → 672 sq ft): Approved 6‑1 (Mr. Gallo opposed).
    All three variances granted; total 6‑1 on the third item.

Application A‑26‑08 – Mr. & Mrs. Cross (Legalize Detached Garage)

• Location: West side of Iron Mine Road, about 0.28 miles north of Sand Town Road, Felton.
• Zoning: AR.
• Request: Variance to allow an existing detached garage to remain 57 ft from the front property line (required: 100 ft). The dwelling is 73 ft from the front line.
• Testimony in Favor:
  • Applicant Deborah Cross stated the contractor mismeasured; moving the garage would be costly and she does not have the funds.
  • Neighbor Ron Kitching testified the garage does not impair his view or create safety issues; he supports it and added the applicant cleared trees, improving sightlines for exiting driveways.
• Testimony in Opposition: None.
• Board Discussion: Members agreed the error was the builder's fault, and the cost of demolition, concrete removal, and rebuilding would create an exceptional financial hardship. Mr. Gallo noted the county had an opportunity to correct the situation before construction.
• Decision: Approved unanimously (7‑0).

Adjournment

• Motion to adjourn, seconded, and passed by voice vote.

Note: All applicants will receive written notification of the board's decisions. Those not attending the business meeting may call the Kent County Planning Department (74471) between 8 AM and 5 PM the following day to learn the rulings. The public notice of this evening's hearing was published on March 27, 2026 in the Delaware State News.