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Clay County hearing approves variance to allow attached garage closer to road in Pearl View Estates
Summary
A Clay County hearing granted a variance allowing an attached garage to be built 66 feet from the road centerline — 24 feet inside the 90-foot standard — after finding practical difficulties related to utilities and lot layout.
At a Clay County public hearing, members voted to grant a variance that will allow an attached garage at a Pearl View Estates property in Barnesville to be built 66 feet from the road centerline, 24 feet closer than the 90-foot setback required for the local township road.
Matt, county staff member, told the panel the request concerns the road centerline setback and outlined the three-part practical-difficulty test the county applies. "It's a road centerline setback," he said, and noted the property is zoned Ag General and contains a single-family dwelling with a detached garage.
The applicant, Michael Ward, doing business as Benchmark Builders, representing landowner Kyle Schmidt, described the proposed addition. "The proposed dwelling or garage would be 26 feet wide and roughly 32 and a half feet deep," Ward said. He said the new attached garage would encroach about 24 feet into the required setback and that moving the addition west would place the structure at or beyond the property line and impede access to the existing detached garage.
County staff and the county engineer reviewed sight-line and maintenance concerns. Staff reported the county engineer does not expect issues with road maintenance or snowplow operations on this low-speed road. Staff also noted a previously denied variance in 2020 on a different property in the subdivision, but advised that past denials do not set precedent for separate lots.
During discussion, board members asked about dimensions and neighbor feedback. Kyle Schmidt, the landowner, said he had spoken to nearby residents and that those he contacted "didn't have an issue with it." No members of the public spoke against the request at the hearing.
The panel adopted findings of fact concluding the request met the Clay County Land Development Code criteria: the use is reasonable, the property's circumstances are unique and not created by the landowner, the variance would not alter the essential character of the locality, and it is the minimum variance necessary to alleviate the practical difficulty. The motion to approve the variance included a condition that the garage not be closer than 66 feet from the road centerline.
The motion to approve was made by Leo, seconded by Travis, and carried with all members present voting aye. The hearing record states simply, "Motion is carried. Variance is granted."
