Planning commission backs setback variance but issues unfavorable recommendation for Chestertown dog kennel special exception; approves reduced parking

On Nov. 6 the Kent County Planning Commission considered Melissa Kidd's application for a special exception and setback variance to operate a commercial dog kennel at 7515 Poplar Avenue in Chestertown. The applicant currently operates a doggy day care from her home and sought relief from the ordinance requirement that any open dog pens or kennels be at least 200 feet from side and rear lot lines.

Staff summarized the application and recommended forwarding favorable recommendations for the variance and the special exception with conditions, noting practical difficulty created by the lot's size (0.357 acres) and proposed operational measures including staggered drop-off/pick-up and a waste management plan informed by the Kent County Health Department. Multiple neighbors testified in support, citing no observed noise or parking problems.

Commission discussion focused on the required findings for a special exception and whether the variance would change neighborhood character. After deliberation the commission forwarded a favorable recommendation to the Board of Appeals for the setback variance (reducing side setback to 8.5 feet and rear to 10 feet). The commission then voted 7–1 to send an unfavorable recommendation on the special exception to the Board of Appeals but attached a list of items the applicant could demonstrate to the appeals board (including evidence addressing traffic, noise and compatibility) and suggested recommended conditions such as limits on the number of dogs and operating hours.

Separately, the Planning Commission approved a reduction in required parking from four spaces to three, citing the applicant's staggering of arrival and departure times. The commission noted that final determinations on the special exception and variance rest with the Board of Appeals and that the planning record should be tightened for appeals.