On April 11, 2025, the Kent County Department of Planning, Housing and Zoning granted an administrative special exception for Robert and Shelly Sheaker to install a 2,000‑square‑foot in‑ground swimming pool and patio between their house and the water at 24000 Max Lane in Wharton.

Deputy Director Carla Gerber summarized the staff review: the 4.9‑acre (transcript: "49 acre"—staff clarified the parcel size in context as a sizable waterfront lot) resource conservation parcel places the proposed pool in the front yard but outside the vegetated buffer. Staff reported the nearest neighboring residence is more than 1,000 feet away, established forest separates the Sheakers' lot from adjacent parcels, the health department raised no objections, and the pool was included in the original development plans and accounted for in stormwater and buffer enhancement plans. Based on those findings, staff recommended granting the special exception.

Robert Sheaker told the hearing the pool was included in the original plan and that the applicants have submitted a building permit; he said they hope to have construction timed for a June 2026 event and that a one‑year lapse would be sufficient. Carla Gerber confirmed the file includes the permit application and accepted staff and applicant comments into the record.

Director Bill Mackey granted the special exception with the condition that approval will lapse after one year if no substantial construction occurs and noted a written decision will issue within one to two weeks. He reminded the applicants and public that the 30‑day appeal period applies from the date of the written decision; permit processing may continue during that time but the building permit cannot be issued until the appeal period lapses.