Clay County BZA approves variance for already-installed solar array after installer missed permit

A variance request to let a ground-mounted solar array remain in a side/front yard was approved by the Clay County Board of Zoning Adjustments after the applicant and installer explained the array had been installed without the correct local permit.

Planning and zoning staff said the property is roughly 4 acres in unincorporated Clay County near the Liberty city limits and is zoned R-1 (Residential Rural). The applicant sought relief from Clay County Land Development Code section 151-6.3(f)(3), which requires ground-mounted solar collectors to be no taller than 8 feet and placed in rear yards at least 12 feet inside property lines. "The request of variance arises from conditions that are unique to the subject property," said Chuck Howard, director of operations for Solar Energy, while presenting the applicant's response to the approval criteria.

The staff report, accepted into the record, said the solar array was installed before county staff were made aware. Howard told the board the installer's permitting administrator selected the wrong county when applying and the mistake was only discovered later; the installer then applied for the proper permit and proceeded to the variance stage. The installer and homeowner said utilities, septic laterals, a propane tank and an existing pool in the rear yard make placement in the rear impractical. Howard told commissioners the array requires pillars "at a 5 foot depth, roughly an 18 inch diameter," and that drilling in the rear could conflict with those utilities.

Homeowner Jim Fergie told the board he and his neighbors want the system activated and that Evergy had granted permission for burying an overhead line that will run to the system. Planning staff said they followed standard public-notice procedures, publishing, posting on site and sending 33 notices to property owners within 1,500 feet. Staff reported phone calls with questions but no written oppositions were on file.

Commissioners moved to approve case number 25-102 BZA. On roll call, Commissioner John Carpenter voted yes, Commissioner Scott Wagner voted yes and Commissioner Joanne Lawson voted yes; the motion carried.

The action was limited to the variance request before the board. No additional conditions or follow-up tasks were recorded on the record. Planning staff can provide permit and inspection follow-up under the county’s enforcement process if needed.