Board of Zoning Appeals approves variance for second accessory structure at 438 South Kimball Road

The Board of Zoning Appeals of City Clayton on March 4, 2025 approved a variance (VAR 25-01) permitting a second accessory structure exceeding 200 square feet at 438 South Kimball Road, contingent on the structure being placed outside the property’s mapped flood zone.

Staff presented the application and recommended approval with one condition. "Staff recommends the Board of Zoning Appeals approve the requested variance with 1 condition and that condition being that the proposed accessory structure shall not be located within the identified flood zone," said Ms. Snyder, planning staff, during the hearing. The board voted verbally in roll call: Mr. McGinnis, Ms. Caldwell and Mr. Perrin all voted yes; one member, Mr. Madewell, was excused. The motion passed.

The property owner, William R. Merrill, told the board he has lived on the parcel 35 years and is seeking to replace an aging accessory building. "I've lived here 35 years and the building I'm replacing was there when I moved in," Merrill said. He described the existing building as deteriorated and said the new structure would be slightly raised to reduce flooding: "The floor elevation? It's going to be maybe probably 2 to 3 feet higher because the way the water drains in off the street it gets right into my existing shed. So that's another reason to move it to higher ground."

Staff’s report said the application (received Feb. 3, 2025) requests a variance from a Clayton Planning and Zoning Code provision limiting lots to one accessory structure over 200 square feet (referenced in the hearing as "section 11 21 dot 0 2 dot c dot 1 dot I"). Staff also pointed the board to related code passages that govern accessory building siting and variance procedure (referenced in the hearing as "section 1 1 1 1.17 point D" and "section 1 1 4 1.07"). Notices to property owners within 300 feet were mailed Feb. 17, 2025 and a public notice ran in the Eaton Register Herald on Feb. 19, 2025, the staff report said.

The parcel (identified in staff materials as M600002160032) covers 14.443 acres and is zoned SCD (Suburban Conservation District). Staff’s recommended condition requires that the proposed accessory structure not be located in the property’s FEMA-mapped flood area (labeled as zone A in the staff presentation). The applicant told the board he would build outside the mapped flood zone and demolish the existing larger accessory structure after the new building is usable.

A handwritten letter from neighboring property owners Ron and Donna Marsh of 439 South Kimball Road was entered into the record; the letter said the Marshes "have no problem" with Merrill erecting a 30-by-40 building on his property. During questions the board discussed flood-map currency; staff noted the map in use was from 2020 and that FEMA updates are infrequent. The applicant described occasional creek overflow that typically subsides within a day.

The board reviewed the required findings of fact for a variance, including special conditions peculiar to the land, the existence of an older accessory structure on the lot, and that granting relief would not alter the zoning district or harm public health and safety. A board member summarized: the proposal would be an improvement, the applicant intends to remove the old structure, and the lot’s size provides adequate space for the replacement building.

Action taken: the board approved the variance with the condition that the new accessory structure not be located within the FEMA-identified flood zone. The applicant and staff discussed that the new structure must still comply with other applicable sections of the Clayton Planning and Zoning Code governing accessory building location, setbacks and heights and with any required permits.

No further business was recorded on the agenda and the meeting was adjourned.