Board approves rear-setback variance for accessory dwelling unit, citing septic and site constraints

The Kent County Board of Adjustment approved a variance to allow a detached accessory dwelling unit (ADU) to remain 9 feet from the rear property line where the code requires 15 feet.

Staff introduced application a25-31 for Daniel Clow (referred to in testimony as Daniel Cloud) and displayed site plans showing a proposed new house in front, an existing trailer to be removed, and the ADU positioned close to the rear lot line. Nick Smith, who said he is the applicant’s brother-in-law and was representing the applicant, told the board the ADU was placed following an emergency housing need for an elderly relative and that the unit meets building-code tie-downs, electric and foundation requirements.

Mickey Hughes, general manager at Clayton Homes, testified the company set the new home and connected the ADU to a relocated septic mound system and that the septic work cost roughly $40,000–$45,000. Hughes said moving the ADU even a few feet forward would require relocating septic components, pumps and chambers, and would be a major undertaking.

Members of the board discussed whether the application met the four variance factors. Several members said the lot’s septic-mound layout and other constraints created an exceptional practical difficulty. One motion approved the 9-foot rear setback with a condition that the extra building(s) identified in testimony be removed as part of the permitting process. Board members specifically cited upgraded property conditions and encouraged ADU development when feasible.

The board voted 5-0 to approve application a25-31. Staff will issue a written notice of decision and applicants may proceed with required permitting after the removal condition is satisfied.