Kent County board approves special exception and setback variance for Hot Diggity Dog at 7515 Poplar Avenue

The Kent County Board of Zoning Appeals on Nov. 17 approved a special exception and a setback variance permitting a home‑based dog daycare and occasional boarding operation at 7515 Poplar Avenue in Chestertown, known in the record as Hot Diggity Dog. The board approved the special exception and accepted the planning commission's recommendations for conditions by voice vote.

The applicant, who was listed in the public notice as Melissa Kidd and who testified on the record as Jessica Kidd, described a small, cage‑free operation she said she opened in 2019. "I keep my numbers small, no more than 7 dogs per day for day care and 4 for overnight boarding," she told the board, and said she staggers drop‑offs to limit traffic, requires vaccinations and behavioral screening, and follows a written waste‑management plan.

Carla Gerber, acting director of Planning, Housing and Zoning, told the board the planning commission reviewed the application on Nov. 6 and initially did not make a favorable recommendation because it wanted more information on special‑exception criteria. "They suggested that Ms. Kidd show that there is not an adverse effect on traffic patterns, proximity to dwellings and places of gathering, and probable effects of noise," Gerber said. Gerber also summarized the planning commission's recommended conditions, which the board incorporated in its action.

Under the board's action, approved conditions include hours of operation of 8 a.m. to 5 p.m. Monday through Friday and 8 a.m. to 4 p.m. on Saturdays for daycare (no daycare hours on Sundays); a total animal limit recommended by the planning commission that the board adopted (up to 10 animals on the property during daytime hours, which the board discussed as including the applicant's personal pets); no more than three dogs in the yard at one time after 5 p.m.; and a compliance mechanism that the board framed as a review of the special exception if three separate noise complaints from different neighboring parties occur within a two‑week period.

On the related variance, the board accepted the planning commission's findings and approved setback variances for the existing fence: 8.5 feet from the side property line and 10 feet from the rear property line. The board also noted the planning commission's review of parking/driveway arrangements for the property (a driveway described in the packet as approximately 60 feet long and 12 feet wide, accommodating three vehicles).

Board members discussed that the special exception runs with the land (so a future owner would be bound by the conditions) and debated enforcement language, including numeric conditions and a complaint threshold to give code enforcement a clear trigger for review. Supporters attending the hearing described personal experiences leaving dogs with Hot Diggity Dog and said the operation is quiet and well managed.

The board's votes were taken by voice; individual roll‑call votes were not recorded in the hearing transcript. The motions to grant the special exception and to approve the variance carried with no recorded opposition.

The board then moved on to routine minutes and scheduling business and adjourned. Future items noted for the December/January agendas included a cemetery special exception, an assisted‑living special exception and related variances, a floodplain variance for a marina, and a commercial solar matter. The clerk will prepare written findings and the formal decisions that memorialize the board's action and conditions.

Votes at a glance: Special exception for Hot Diggity Dog (7515 Poplar Avenue): approved by voice vote; conditions include hours (8–5 M–F; 8–4 Sat; no daycare Sun), total animals limit (planning commission recommended 10 total), no more than three dogs in yard after 5 p.m., and review triggered by three separate noise complaints within two weeks. Setback variance for existing fence (side 8.5 ft; rear 10 ft): approved by voice vote.