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Kent County Board of General Appeals approves 24‑foot front‑yard setback for Chestertown homeowners
Summary
The Board of General Appeals unanimously granted Kevin and Jenny Lakehart a 24‑foot front‑yard setback variance for 21251 Kansas Avenue in Chestertown, reducing the required 35‑foot setback to 11 feet because well placement on the lot created a practical difficulty; staff and the Planning Commission recommended approval.
The Kent County Board of General Appeals on May 18 unanimously approved a 24‑foot front‑yard setback variance for Kevin and Jenny Lakehart, allowing an 11‑foot front setback for a replacement dwelling at 21251 Kansas Avenue in Chestertown.
The applicants told the board they purchased a lot with a dilapidated house that they demolished last year and now plan to build a single‑level cottage‑style home next to their current residence. “We were hoping to build a house next door to the house that we currently live in,” Jenny Lakehart said, explaining the intent to move into the new home and to match the neighborhood’s existing cottage scale.
County staff and the Planning Commission recommended approval. Holly Baldwin, a county staff associate, summarized the request as a 24‑foot variance on a 12,000‑square‑foot parcel in the Community Residential district and said the practical difficulty stems from the required placement of a new well and the 30‑foot health‑department separation between a potable well and other structures. Baldwin told the board the proposal would align the new home’s setback with the adjacent house and be consistent with neighborhood form.
Board discussion focused on utilities and site constraints. Members confirmed the property has an existing county sewer connection but no county water; applicants said the old house’s pump had been removed and the sewer line capped, and staff confirmed applicants can reconnect to the sewer when ready. Applicants also said the old well was capped after demolition and could not be used for potable water, requiring a new well and shaping where the house could be sited.
After matching the facts presented to the variance criteria, a board member moved to approve the 24‑foot variance, incorporating staff and Planning Commission findings. The motion passed unanimously on an aye vote. The board noted, and staff confirmed, that applicants have one year to submit a building permit and proceed with construction under the approved variance.
Staff reported there are no scheduled applications for June and no meeting will be held unless members request otherwise. The board then adjourned.
(Reporting based solely on the Board of General Appeals hearing transcript for May 18, 2026.)
