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Clay County approves after‑the‑fact variance for Bergs’ outbuilding that encroaches on road setback
Summary
The Clay County board granted an after‑the‑fact variance to Jeffrey and Rae Ann Berg for an outbuilding that encroaches about 23 feet into the 125‑foot road centerline setback, finding the reduction minimal and the construction an apparent honest mistake.
The Clay County Board granted an after‑the‑fact variance for Jeffrey and Rae Ann Berg on a request to reduce a road centerline setback for a replacement outbuilding.
The board voted to open a public hearing on the Bergs’ request, heard planning staff findings, closed the hearing and approved the variance by voice vote. Planning staff recommended approval, describing the encroachment as approximately 23 feet into the 125‑foot road centerline setback — an 18 percent reduction — and saying trees between the building and the road limited transportation impacts.
Planning staff member Matt told the board the new structure replaced an old outbuilding that collapsed and that the applicant had assumed the required centerline setback was 100 feet when building. He said there was no building permit for the replacement and that the construction did not appear to be an intentional violation. Matt summarized the practical difficulty: to comply, the building would essentially need to be torn down and rebuilt.
During deliberations the board worked through formal findings required under the Clay County Land Development Code and the Clay County Comprehensive Land Use Plan, determining the variance met criteria including harmony with the code and minimum necessary relief. The board also concluded the variance would not significantly affect public health or safety and that the essential character of the locality would not be altered.
The board approved the motion to grant the variance. The motion passed by voice vote; the transcript records the outcome as “Motion is carried” and “Variance is granted,” but does not provide a numerical roll‑call count.
The record notes the existing damaged outbuilding will be removed; staff said the older structure is essentially destroyed. Planning staff emphasized the purpose of the road centerline setback — to preserve access for future road projects, snow removal and similar uses — and concluded the small reduction plus vegetative screening reduced potential impacts.
The Bergs’ request was recorded as an after‑the‑fact variance; staff referenced the Minnesota Supreme Court Stads Fault case when discussing additional criteria for after‑the‑fact requests. No additional conditions or permit fees were specified in the meeting record.
The board moved on after the vote.
