Kent County grants 24‑foot front setback variance for East Beachwood Road house

A Kent County hearing officer on June 13, 2025, granted a 24‑foot variance from the 50‑foot front setback requirement to allow David Chance to build a single‑family dwelling with an attached pool on a 32,408‑square‑foot property on East Beachwood Road, subject to a two‑year lapse condition if no substantial construction occurs.

County staff told the hearing the applicant proposes a 59‑by‑45‑foot single‑family dwelling and a 40‑by‑24‑foot swimming pool. Staff said the practical difficulty justifying the variance stems from the placement of the septic reserve area and the size and shape of the parcel, not from actions by the applicant. Staff reported no known detriments to adjacent properties and that the comprehensive plan is neutral on the matter.

David Chance, the applicant, confirmed the details on the record and told the hearing the proposed house would include a 1,700‑square‑foot living area and an attached garage. The health department had reviewed the site during technical advisory committee (TAC) review, and staff said the proposed house placement does not intrude into the septic reserve area; the exact well location was not finalized at the hearing but staff said it must meet required setbacks.

The hearing officer said there was an "unusual size and shape to the property, and the location of the septic reserve area, creating a limited building area," and indicated an inclination to grant the variance. The variance was granted with the condition that it would lapse after two years if no substantial construction in accordance with the submitted plans occurred. The written decision will be sent to the applicant, and a building permit could be issued after 30 days.