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Clay County board approves variance to replace nine grain bins with two within shoreland setback
Summary
The Clay County Board of Adjustment approved a variance allowing a farm operation to replace nine aging grain bins with two larger bins inside a shoreland setback, with a required 130-foot setback condition. Planners said the change would reduce the site footprint and runoff; the waterway’s status and past DNR mapping decisions were discussed.
Clay County planners and the Board of Adjustment approved a variance request allowing a farm to replace nine older grain bins with two larger bins within the shoreland setback of an unnamed tributary.
The applicant proposed replacing nine grain bins with a combined previous capacity of about 52,000 bushels with two new bins totaling roughly 130,000 bushels. Planning staff recommended approval on the finding that the consolidation would reduce the bin site footprint and impervious surface and could reduce runoff entering the public water.
The board record shows the subject water is listed in the county public waters inventory but was removed from the DNR buffer map in 2018. Planners said the tributary is short and historically functions as a drainage ditch; its listing in the public waters inventory, however, still triggers shoreland setbacks tied to public waters.
Matt (planning staff) summarized the application and the technical background. He told commissioners, “The replacement of all of these grain bins with 2 other grain bins would definitely reduce the footprint and the impervious surface on the site.” The applicant, Brandon Menholt, spoke at the hearing and said he had no additional information beyond the staff presentation.
During findings-of-fact discussion the board determined the variance met the county code’s standards for variances and that the requested change represented the minimum variance necessary to alleviate the practical difficulty facing the property owner. Commissioners discussed potential conditions and agreed to require the new bins be sited at least 130 feet from the existing ditch/right-of-way to keep them out of the shore impact zone (the shore impact zone was described in the record as approximately 100 feet from the ordinary high water level).
Outcome and conditions: The board approved the variance and added a condition that the new bins be placed a minimum of 130 feet from the current ditch/right-of-way. No formal roll-call vote with named tallies was recorded in the transcript; the approval and conditions were adopted by voice vote during the meeting.
Why it matters: The decision allows a farm operation to modernize and consolidate storage capacity while keeping structures farther from the water than many existing nonconforming structures on the parcel. It also highlights how state-level mapping and inventories (DNR buffer maps and the public waters inventory) interact with county shoreland rules and local variance decisions.
The board’s action incorporates staff’s findings and the imposed setback condition; the transcript indicates county staff and the board expect future state-level public waters inventory updates could affect similar cases going forward.
