Clay County BZA denies variance to allow 60-foot shared easement for subdividing 43-acre Quinn Road parcel

The Clay County Board of Zoning Adjustment voted unanimously to deny a variance request that would have allowed a 60-foot shared ingress/egress easement to serve multiple lots smaller than the 20-acre minimum on a roughly 43-acre parcel near Quinn Road.

The applicant, Russell Walter, asked the board to allow lots of roughly 10 acres instead of the 20-acre minimum. Walter told the board he had measured surrounding lot sizes and “from KIPP, I got that the average size lot is 10.08 acres within a half a mile of the property,” and said that informed his plan to divide the parcel into smaller lots.

Board staff told commissioners the variance was sought under section 151882.b5 of the county land development code, which requires a 60-foot-wide shared ingress/egress easement to limit driveway proliferation on county and state roads and permits such an easement only where certain acreage thresholds are met. Staff described the parcel as about 43 acres, currently zoned agricultural, with Lot 1 shown in the application as about 13.5 acres and other back lots proposed as landlocked parcels accessed by the easement. Public notice included a 2,000-foot radius and 29 mailed letters; staff received written opposition letters and phone calls.

Neighbors raised concerns about traffic, dust, light and wildlife impacts. “I am absolutely against this,” said Greg Green, a neighbor who said he has lived on the adjacent farm for 44 years and worried about construction traffic, light pollution and strain on water and roads.

Commissioners discussed the four variance approval criteria in the land development code, including whether unique physical conditions justified relief and whether approval would adversely affect neighbors. Commissioner John Carpenter said the application’s justification that it would not adversely affect adjacent property owners was “not especially compelling” in light of opposition letters, and signaled he would lean toward denial. Commissioner Crocker moved to deny the variance. The motion was seconded and carried on a roll call vote: John Carpenter, Joanne Lawson and Scott Wagner voted yes; the motion to deny passed.

The decision denies the applicant the right to record a 60-foot shared ingress/egress easement under the requested conditions. If the applicant still seeks to develop the property at smaller lot sizes, further action would be needed through the county’s subdivision and planning processes; staff told the board that if a planning application later conflicts with the comprehensive plan, staff would recommend denial at that stage.

The board’s denial applies only to the variance request considered tonight; it does not prevent the applicant from pursuing other lawful avenues, such as reconfiguring parcels to meet existing code standards.