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Commission recommends Board of Appeals approve Miller buffer variance for 580 sq ft addition
Summary
Staff recommended and the Planning Commission unanimously voted to forward a favorable recommendation to the Board of Appeals for a 580 sq ft addition at 10129 Cove Road, citing practical difficulty created by the existing septic location and subject to a buffer management plan and other conditions.
The Kent County Planning Commission voted Oct. 2 to forward a favorable recommendation to the Board of Appeals for a variance requested by Lawrence and Donna Miller to construct a 580-square-foot addition partially within the 100‑foot critical area buffer.
Rob Tracy, an associate planner with the Department of Planning and Zoning, told commissioners the proposal would place 266 square feet of the new footprint within the 100‑foot buffer and 314 square feet outside it, resulting in a net increase of 246 square feet of permanent disturbance inside the buffer. Tracy noted the Board of Appeals previously granted a smaller variance in 2023 for a 460.7‑square‑foot addition in the same location and said the applicant’s septic tank location prevents moving the addition away from the water.
Applicant Lawrence ("Larry") Miller testified that delays were largely due to contractor setbacks and that the proposed increase in width does not move the structure closer to the water; he said the expansion shifts into a relatively barren area of the lot previously used as a septic drainage field. "We're not going any closer to the water," he said, explaining the additional width was needed to make interior spaces functional once beam sizes, wall thickness and washer/dryer dimensions were accounted for.
Tracy said the application had been sent to the Critical Area Commission for comment and that staff had received a revised narrative and a buffer management plan. Staff recommended forwarding the variance to the Board of Appeals with conditions: approval of a buffer management plan, showing the well location on the site plan per Kent County Health Department requirements, and a one‑year lapse if no substantial construction occurs.
A commissioner moved to forward a favorable recommendation, citing consistency with the comprehensive plan, harmony with critical area law, lack of anticipated adverse impacts to water quality or habitat, and the practical difficulty posed by the septic tank. The motion passed by unanimous vote.
The recommendation now goes to the Board of Appeals, which will make the final determination; staff noted the variance will lapse if substantial construction does not begin within one year unless the Board of Appeals specifies otherwise.
