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BZA approves variance for third accessory structure at 9374 North Diamond Mill Road
Summary
The Board granted a variance to allow a third accessory structure not to exceed 120 sq ft at 9374 North Diamond Mill Road in the rural conservation district, conditioned that the property be limited to three accessory structures and the new structure not exceed 120 square feet.
The City of Clayton Board of Zoning Appeals on Aug. 5 approved a variance allowing a third accessory structure at 9374 North Diamond Mill Road, subject to two conditions: the new structure may not exceed 120 square feet and the parcel’s total number of accessory structures shall be limited to three.
Staff presented the application and noted the property is a roughly two-acre parcel zoned Rural Conservation District (RCD-1). The applicant proposed a prefabricated wooden shed approximately 10 by 12 feet (roughly 120 square feet) and about 9.5 feet in height to store garden and yard tools. The plan places the proposed shed in a rear portion of the lot away from neighboring properties and outside the septic drain field.
The staff report cited Clayton Codified Ordinance section 1 1 2 1 0 2 c 1 I (transcript text) on accessory-structure limits and summarized the variance-standard criteria (practical difficulties, minimum relief, not self-created conditions, and no adverse public impact). Staff recommended approval with the two conditions now adopted by the board.
During the hearing a board member summarized findings of fact, noting the house predates detached garages and that the property’s lot size and existing structures create practical difficulties if a strict reading of the code were applied. The board concluded the requested relief was the minimum necessary and would not harm neighborhood character or public health and safety.
There were no public comments and the board voted, by roll call, to approve the variance with the stated conditions.
Discussion vs. decision: discussion focused on the code criteria for a variance and site-specific conditions (existing garage, workshop, septic field placement); the board’s decision granted the requested variance with two conditions limiting size and total accessory structures.
The approval allows the applicant to proceed with the specified shed design; building permits and inspections remain subject to standard city building-permit processes.
