Board approves after-the-fact variance for Westland Excavating in Keene Township with slope and reclamation conditions
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Summary
The Clay County Board of Adjustment approved an after-the-fact variance for Westland Excavating to operate closer than the county's 200-foot mining setback in Keene Township, adding three conditions including a minimum 4:1 reclamation slope to reduce safety risk on the dead-end road.
The Clay County Board of Adjustment granted an after-the-fact variance to Westland Excavating allowing mining activities and an onsite scale to be located closer than the county’s 200-foot right-of-way setback on parcels in Keene Township, subject to three staff-recommended conditions including a minimum 4:1 reclamation slope at the road end.
Staff member Matt summarized the request for Parcels 17.030.00 and 17.0310.01 (fractional Sections 30 and 31, Township 141, Range 45 West). He said the parcels are zoned AG general and resource protection aggregate with a small area of shoreland, and that Westland received an interim use permit for gravel mining in 2024. Matt said the operator sought an after-the-fact variance because productive material “hugging up against the road” made the current location the best point of access and that the practical difficulty was tied to accessing those reserves.
Jeff, representing Westland Excavating, told the board he subleases the pit to Alexandria (referred to in the hearing) and said he did not realize the scale had been placed so far forward until an inspection. He said he had spoken with town board members who expressed no objection because the road is a dead end and receives little traffic.
Board members discussed depth and reclamation; Jeff and staff described the deposit as shallow and said final reclamation would require sloping. Staff recommended three conditions, including (1) limiting mining activities relative to the right-of-way, (2) no stockpiling within the 200-foot right-of-way setback, and (3) requiring a minimum 4:1 slope on final reclamation at the roadway end to reduce the risk of vehicles leaving the dead-end road.
Motion to approve the variance with the three conditions was made by Dennis (Board member) and seconded by Tim (Board member). The chair called for a voice vote; the motion carried and the variance was granted with the three conditions.
The board noted that variances run with the land, so future operators could use the same location unless additional restrictions are imposed; staff will inspect for compliance with the conditions and reclamation requirements.
