Kent County Board of Adjustment Public Hearing and Business Meeting - July 16, 2026

The Kent County Board of Adjustment convened on July 16, 2026 (timestamp per user instruction: 2026-07-16 11:00:00+00:00) at the Levy Court Chambers in Dover, Delaware. The meeting included a public hearing for three variance applications followed by a business meeting for deliberation and voting. All six board members were present, constituting a quorum.

Consent Calendar

• Minutes: The board unanimously approved the minutes from the May 2026 meeting.
• Notices of Decision: The board unanimously approved the Notices of Decision for applications A-26-08 through A-26-14 (from the previous meeting) without discussion.

Public Comments & Testimony

No members of the general public (other than the applicants and their representatives) provided testimony.

• A-26-15 (Bell - Garage): Applicant Robert Bell testified that a septic mound and well limited building space on his lot. He stated the proposed location (22 ft from the front property line, 2 ft from the side property line) was the only viable option and would not interfere with neighbors. A minor discrepancy was noted between the application materials (listing the garage as 18x20 ft) and the applicant's testimony (stating the garage was 21 ft).
• A-26-16 (Lapierre - Fence): Applicant Brenden Lapierre testified that the 6-foot fence was installed immediately upon purchase in 2019 for the safety and privacy of his young children and pets. He argued the corner lot configuration and recent road widening by DelDOT created unique circumstances. He presented a $5,150 quote to relocate the fence and stated that reducing its height to 4 ft would not provide adequate privacy from a new 200+ unit development directly across the street.
• A-26-17 (Tigon Golf Carts - Building): Representative Chad Warren (engineer) argued the proposed location was the only site for the new 1,860 sq ft building without a complete property reconfiguration. Representative Jeremy Pelliquin stated the building was needed for employee safety (shelter from weather), winter cart storage, and to improve site aesthetics and traffic flow.

Discussion Items

• A-26-15 (Bell): Staff recommended a compromise approving the 22-foot front setback variance while denying the 2-foot side setback variance to maintain a 5-foot side setback. The applicant agreed to this 3-foot adjustment. The board voted separately on each variance.
• A-26-16 (Lapierre): The board deliberated on the self-imposed hardship of the unpermitted fence. Members noted the lack of complaints over seven years, the unique double-fronted corner lot situation, the financial burden of altering the fence, and recent development. The variance was approved over one dissenting vote (5-1), with the dissenter arguing the hardship was entirely self-inflicted.
• A-26-17 (Tigon): The board debated the narrow 6-foot side setback adjacent to the neighboring propane business. Despite concerns about emergency access, the board cited the business's positive impact on the area, the high cost of land and relocating the business, and the minimal impact on neighboring properties in approving the variance over one dissenting vote (5-1).

Key Outcomes

• A-26-15 (Bell): Variance for the 22-foot front setback was APPROVED (6-0 vote). Variance for the 2-foot side setback was DENIED (6-0 vote); standard 5 ft side setback is required.
• A-26-16 (Lapierre): Variance to legalize the existing 6-foot fence within the front setback was APPROVED (5-1 vote).
• A-26-17 (Tigon Golf Carts): Variance for a new 1,860 sq. ft. service and storage building (10 ft from the rear and 6 ft from the side property line) was APPROVED (5-1 vote).