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Planning commission sends favorable recommendation for Chestertown front‑yard variance tied to well placement
Summary
The commission voted May 7 to recommend that the Board of Appeals grant a 24‑foot front‑yard setback variance for Kevin and Jenny Leghardt (21251 Kansas Avenue) so a new well can be sited and a new single‑family home can match the adjacent dwelling; commissioners recorded a unanimous favorable recommendation.
The Kent County Planning Commission on May 7 voted to send a favorable recommendation to the Board of Appeals for a 24‑foot variance from the standard 35‑foot front‑yard setback at 21251 Kansas Avenue in Chestertown, allowing an 11‑foot front setback for a proposed single‑family home.
Staff told the commission the 12,000‑square‑foot lot in the Community Residential district has a practical difficulty because the applicants need a new well that must be located 30 feet from the house. Granting the variance would also make the proposed house align with the applicants’ adjacent home, creating congruency on the corner.
Applicant Jenny Leghardt described the property and the neighborhood, saying the old well on the demolished dwelling was no longer potable and that a new well placement requires shifting the house forward. “When we started the process, we didn’t know what the exact setbacks were … we had talked to the Board of Health about the old well,” she said. She added that she had surveyed the lot and spoken with a nearby neighbor who indicated the proposed placement would be acceptable.
Commissioners asked several practical questions about the private roads in Tollchester Estates, whether there is a legal association, and who would maintain the road. A neighborhood association vice president said the association is incorporated but lacks resources to develop roads, and residents currently maintain the portion in front of their homes. The applicants said they plan to maintain access and place gravel where needed.
A commissioner moved to send a favorable recommendation to the Board of Appeals for the 24‑foot variance; the motion was seconded and carried unanimously.
Next steps: the Board of Appeals will hold its own hearing and make the final decision on the variance.
