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Clay County panel approves lot-size variance for property on South Highway 34
Summary
The Clay County Board granted a variance to allow a residential parcel split at 27451 South Highway 34 that would create a lot smaller than the special-protection low-development overlay district minimum, contingent on septic inspections and other conditions.
The Clay County Board of Adjustment approved a variance on a voice vote to allow a parcel split at 27451 South Highway 34 in Tansom Township that would create a lot smaller than the 10-acre minimum in the county’s special protection low-development shoreland zoning district. The board’s decision requires both resulting parcels to hold conforming septic systems or to reconstruct nonconforming systems before sale.
Board staff presented the application, saying the property is zoned Agricultural General with a Shoreland special protection low-development overlay and currently contains two residential structures and accessory solar arrays. Staff noted state shoreland rules count only land above ordinary high water toward lot-area minimums, so much of the proposed lot’s 10-acre footprint would be water. The staff presentation added that Minnesota Department of Transportation (MnDOT) would not permit a new access onto State Highway 34, which constrains where a new lot line could be located.
The applicants, Lorna Ealy and John Ealy, told the board they lived in a finished portion of a steel building on the property for about 18 years while they built a separate house. “We lived in 1,200 square feet on one end,” Lorna Ealy said, and the couple added they now intend to subdivide because the second dwelling and building exceed their needs as they approach retirement.
In discussion the board considered county and state shoreland rules, the property’s wetland areas and tree line that the applicants proposed to use as a natural property boundary, and whether creating a separate parcel would alter the character of the lake area. Staff emphasized the county’s comprehensive-plan objective to protect Clay County surface waters and to limit development pressure on smaller lakes, which underlies the district’s 10-acre minimum.
The board found the application met the variance criteria in the Clay County Land Development Code, including practical difficulties caused by site conditions (existing tree line, wetlands and restricted access), and concluded the variance requested was the minimum necessary to alleviate those difficulties. The motion to approve included a condition requiring both properties to have compliant septic systems and a requirement for inspections; the board specified that if inspections show systems are nonconforming, reconstruction would be required prior to sale.
The approval was taken by voice vote after a motion by Leo and second by Travis; the chair announced the motion carried. The board also noted the new county shoreland findings added since the ordinance update and confirmed the proposed lot would otherwise meet dimensional and setback standards.
The new parcel configuration must comply with all conditions recorded in the variance approval; staff will verify septic inspections and any reconstruction before final platting or transfer.
