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Clay County planning commission grants interim use permit for home-based tree service
Summary
The Clay County Planning Commission voted to grant an interim use permit for a tree service operated from a residence south of Holly, with standard conditions including limits on nonfamily employees, hours of operation and requirement that the permit end if ownership changes.
The Clay County Planning Commission granted an interim use permit to Jake Edwards to operate a tree service from his residence south of Holly on County State Aid Highway 31.
The permit allows Edwards to continue using two outbuildings (about 300 square feet) for vehicle and equipment parking and maintenance, subject to the county’s home-occupation standards and conditions the commission identified. Planning staff said the business operates roughly 7 a.m. to 5 p.m. for about 11 months of the year, has three employees in addition to the owner, and does not receive customer visits at the property.
Planning staff presented the request as an after-the-fact application because the business originally operated from a highway-commercial zoned site and moved to a home-based location, which triggers the interim use permit requirement. The planner said the nearest residence is about 1,000 feet to the northeast and that the site is buffered by trees and buildings.
Matt, Clay County planning staff, summarized the proposal and said it appears to meet the comprehensive-plan goals and the county’s home-occupation standards. He described the typical use on the property and noted that the business would primarily use the northwest corner of the parcel for parking and maintenance.
Jake Edwards, the applicant, told the commission he agreed with the facts presented by staff and said the site would be kept clean. "We don't plan on storing any big equipment or anything outside to make it kind of an eyesore or anything like that," Edwards said.
Commissioners discussed standard permit conditions. Staff proposed three conditions commonly used for service-type home occupations: compliance with home-occupation standards; the permit ceasing upon property ownership change; and an employee limit that allows household members plus up to 10 nonfamily employees unless additional employee parking mitigation is provided. Commissioners also confirmed a 4-by-8 sign restriction would apply.
When asked whether he agreed to the conditions, Jake Edwards responded, "Yes, I am." Following discussion, Commissioner Dave moved to approve the interim use permit; Commissioner Kurt seconded the motion. The commission voted in favor and the motion carried, granting the IUP. The commission noted that if the business expands beyond the employee limit, the applicant must submit a plan for additional employee parking to county staff for review.
The permit will be recorded with the planning office and enforced under Clay County zoning procedures; the county will treat nonconformance or repeated violations under its enforcement processes.
