Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Mining Variance topic
No spam. Unsubscribe anytime.
Planning Commission approves variance to allow mining up to north property line at parcel 11.018.0260
Summary
The Clay County Board of Adjustment-approved variance allows a gravel mining operator to excavate to the north property line on parcel 11.018.0260 after the adjacent owner provided written consent; the commission found the request consistent with code standards and comprehensive-plan goals.
The Clay County Planning Commission heard and confirmed a variance to allow a gravel mine to operate into the north property-line setback on parcel ID 11.018.0260, the commission said, after staff and the applicant described the site, adjacent ownership and mitigation measures.
County planner Matt (last name not specified in record) told commissioners the parcel is zoned Agricultural General and Resource Protection Aggregate and has operated under a conditional-use permit granted in 2010. He said code ordinarily requires a 100-foot setback from an adjoining property line for excavation, but the adjacent landowner to the north, Jeffrey and Connie Mortensen, provided written consent to mine up to the property line. Matt said the request responds to “practical difficulty” because aggregate deposits do not follow property lines and the material inside the setback is valuable to the operation.
Applicant representatives from Wholesome (listed in the record as the operator) — including Sheree Eilers, operations manager Chris Forrest and an environmental staff member — told the commission they intend to process material at the bottom of the pit to reduce noise and to follow existing permit conditions. Gooseberry Township supervisor Shelly Stegan spoke in favor, noting the township had reviewed the operator’s materials and expects the operator to follow local permit conditions.
During findings of fact, commissioners addressed consistency with the Clay County Land Development Code and comprehensive plan, reclamation coordination with neighboring pits, absence of mapped wetlands in the mine area, and the site’s classification as prime farmland that would be returned to agricultural use after reclamation. Commissioners concluded the variance met the statutory findings (practical difficulty, minimum necessary relief, no significant adverse effect to public health or surrounding property) and voted to approve the variance on a voice vote.
The record shows a motion to approve the variance was made by Leo, seconded by Tim; the chair called for the voice vote and declared the motion carried. The written consent of the adjacent landowner and the operator’s existing conditional-use permit were noted as relevant protections and constraints.
The commission did not record a roll-call vote in the transcript; approval was announced after the voice vote.
The commission also discussed that a forthcoming update to the Clay County Land Development and Subdivision Ordinance would remove the variance requirement for this type of request and instead require filing of the adjacent-owner consent with the Planning Department, which may make this one of the last variance decisions of this kind under the current code.
