Board of Appeals grants variance to keep Dessert First pavilion at waterfront

Queen Anne's County — The Board of Appeals unanimously approved a variance to allow Harris Family Properties LLC to elevate the Dessert First pavilion on Kent Narrows to an elevation advertised as 5.56 feet, the board announced after deliberation and public testimony.

John Clling, floodplain manager for the Queen Anne's County Department of Public Works, told the board the proposal would raise the pavilion floor to 5'6 3/4" to meet FEMA's base flood elevation and said county policy sets a higher local flood-protection elevation of seven feet. "The county has a flood protection elevation of minimum is 7 feet," Clling said, noting the proposal is roughly 1.44 feet below that local standard but above FEMA's minimum.

Applicant counsel Genevie McFarland of Stevens Palmer framed the request under the county's variance standard and cited case law to define "exceptional hardship" as denial of "reasonable and significant use of the property." Engineer Jeff Hubard of Lane Engineering described site constraints — a tight waterfront lot with existing grades below three feet — and testified that placing the structure on pilings would allow nuisance floodwaters to pass beneath the building. "That's going to make the building a lot safer for years, many many years to come," Hubard said, explaining the proposed design and use of flood-damage-resistant materials.

Owners and operators of Harris Crab House and Dessert First, Sherry and Bill Ortell, told the board the food-service operation supports local employment, tourism visits, and longstanding watermen traditions. "There is a huge hardship here," Sherry Ortell said, arguing that a forced closure or lengthy shutdown would imperil jobs and related local businesses. Bill Ortell described the operation as a "living museum" tied to the waterfront and said the requested elevation was the minimum the family could accept without additional variances or loss of parking and access.

Several neighbors spoke in favor of the application, noting the business's multi-generational role in the community and local economic benefits. The record also includes staff reports and applicant exhibits, and the county noted an August 14, 2025 FEMA letter that offered no comment on the proposed approach.

During discussion, board members reviewed the floodplain ordinance criteria (sections cited in the record included 143-41C, 143-42A and 143-42B and the variance criteria under 143-66/143-65) and asked whether granting the variance would increase flood heights or create public-safety threats. Staff and the applicant's witnesses said the design would not increase flood heights and would reduce flood risk to the structure.

A board member moved to grant the variances to permit the structure to be raised 5.56 ft ("which is 1.44 ft below the flood protection elevation of 7 ft"), identifying the enclosures below 5.56 ft as subject to section 143-41C; another member seconded the motion. The chair announced the motion passed and said a formal written decision will follow.

The board adjourned the hearing after announcing the outcome.