On April 11, 2025, Kent County approved a variance reducing the required 25‑foot side‑yard setback by 12.5 feet so Morgan Brown may install a swimming pool on a pie‑shaped lot in the Village District.

Staff explained that the rear yard slopes away from the dwelling and that the proposed pool location must also respect the well setback; moving the pool to meet the 25‑foot side setback would conflict with the well setback and the topography. Staff further noted the parcel’s pie shape and adjacent community open space access reduce impacts on neighboring properties. Based on these practical difficulties, staff recommended approval and assessed that approval would not change neighborhood character.

Gary of Sparkle Pools, representing the contractor, told the hearing the installer builds pools rapidly (in two days) with concrete work completed about a month later; he said the client has submitted the permit application and would install fencing and a winter cover. Morgan Brown confirmed a fence and winter cover will be used and said construction would proceed promptly once permit approval and liner delivery occur. The applicants said neighbors have provided written and in‑person support.

Director Bill Mackey accepted staff comments and testimony into the record and granted the variance with the condition that the approval will lapse after one year if no substantial construction occurs. He noted a written decision will be issued in one to two weeks and reminded the public of the 30‑day appeal period; permits may be prepared but not issued until that period lapses.