Clayton Board recommends approval for accessory structure variance amid flood concerns

The City of Clayton's Board of Zoning Appeals convened on March 4, 2025, to discuss a significant variance request concerning property development in a designated flood zone. The meeting highlighted the complexities of local zoning regulations and the implications of building in areas prone to flooding.

The applicant seeks permission to construct a second accessory structure exceeding 200 square feet on their property, which is currently marked as a flood zone by FEMA. According to FEMA guidelines, properties in these zones face a substantial risk of flooding, with a one in four chance of experiencing flooding during a 30-year mortgage period. The proposed structure is intended for personal storage and maintenance items, as the existing structure has deteriorated over time.

Under the Clayton Planning and Zoning Code, properties are typically limited to two accessory structures, with only one allowed to exceed 200 square feet. However, properties in the rural conservation district can have both structures larger than this limit. The applicant plans to demolish the existing structure after the new one is built, effectively maintaining compliance with zoning regulations.

During the meeting, staff recommended approval of the variance request, contingent upon the condition that the new structure must not be located within the identified flood zone. This stipulation reflects the city's commitment to safety and adherence to federal guidelines regarding flood-prone areas.

Discussion among board members also touched on the accuracy of FEMA flood maps, which are updated periodically. Concerns were raised about potential changes in local drainage patterns due to construction or road work, which could affect flooding in surrounding neighborhoods. The applicant acknowledged these concerns and expressed a willingness to comply with all regulations, including building outside the flood zone.

In conclusion, the Board of Zoning Appeals' deliberations underscore the ongoing challenges of urban development in flood-prone areas. The decision on the variance request will not only impact the applicant but also set a precedent for future developments in similar zones. The board's careful consideration of safety and regulatory compliance reflects a broader commitment to responsible urban planning in Clayton.