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Kent County board approves variance to keep existing garage 94 feet from property line

November 21, 2025 | Kent County, Delaware


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Kent County board approves variance to keep existing garage 94 feet from property line
The Kent County Board of Adjustment voted 5-0 to approve application A25-30, granting a 6-foot variance to legalize an existing detached garage at 94 feet from the front property line on Still Road.

Dorese Gingrich told the board the garage was structurally sound and used for storage and woodworking, and that she plans to demolish an existing manufactured home behind it and keep the detached garage because it sits 94 feet from the road instead of the 100 feet required. "My husband developed dementia, so he wasn't able to help me," Gingrich said, explaining delays in removing the trailer and related structures.

Board members questioned when the demolition would occur and noted that an occupancy permit issued in August 2024 carried a 30-day expectation for removal of the prior structure. Staff and members discussed site layout, septic and well locations, and the logistical and financial difficulty of moving the garage.

Board members cited the Delaware Supreme Court standard (Board of Adjustment v. Quick Check Realty) in weighing the four factors that govern area variances and said the applicant demonstrated an exceptional practical difficulty. Mister Gallo said the expense and difficulty of moving the garage supported approval; Mister Jenkins and other members likewise said the application met the four statutory factors.

The board moved and seconded a motion to approve the variance; votes in favor were recorded from Mister Gallo, Mister Jenkins, Miss Denny, Mr Carter, and Mister Cusick. The board reported written notice of the decision will be mailed to the applicants and that final decisions are provided in the business meeting record.

The board will issue written notification of its decision and the applicants may call the Kent County Planning Department for instructions on obtaining permits and next steps.

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