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Clay County Board of Adjustment grants Northern Improvement variance to mine closer to County Road 26
Summary
The Clay County Board of Adjustment approved a variance allowing Northern Improvement Company to locate mining operations closer than the 200-foot road right-of-way setback on County Road 26, with conditions including no stockpiling inside the 200-foot buffer and requirements for reclamation.
The Clay County Board of Adjustment voted to approve a variance for Northern Improvement Company to reduce the mining setback from the County Road 26 right-of-way, allowing mining as close as 43 feet from the right-of-way, provided conditions intended to limit impacts on the roadway and require reclamation.
Staff member Matt described the request as an application to reduce the extractive-use setback on Parcel ID 27.002.0100 in the fractional north half of the northeast quarter of Section 2, Township 140 Range 46 West (Spring Prairie Township). Matt said the county’s development code normally requires a 200-foot setback for structures, storage of excavated materials and excavation edges from existing roads and highways, and that the applicant requested a reduction to allow mining operations nearer to County State Aid Highway 26 because “there is good material within the setback, that would be used in local infrastructure projects.”
Matt told the board that the parcel has a 1989 conditional use permit for gravel mining and that the requested variance would focus operations on the northeast side of the property. He also noted that Clay County previously received a variance for a pit across the road and that the county engineer recommended limiting stockpiles and berms within the 200-foot setback for snow control.
Leon Schlafman, identified as “one of the elected supervisors for the Spring Prairie Township,” spoke at the hearing and said the township’s minutes recorded opposition to reducing the 200-foot setback and asked for “strict oversight” if the variance were granted. Schlafman said reclamation timeliness and weeds were township concerns, though he added he had “no doubt in my mind that Northern's a good company.”
Jeff Reynolds, representing Northern Improvement Company, told the board the company had spoken with nearby residents, plans to limit effects on neighbors and expects to reclaim the disturbed land back to hay fields and pasture when mining is finished: “once we're done with it to try to get the piles and everything out of there as fast as we can and put that land back into production.” He said the deposit is shallow, “like 8 to 9 feet deep” in most places.
The board read findings of fact required by the Clay County Land Development Code and found the requested variance met the criteria including that gravel extraction is a primary use in the aggregate resource zoning district, practical difficulties exist due to the location of aggregate reserves, and the variance would not significantly alter the character of the area. The board imposed two conditions including a prohibition on stockpiling or berming closer than 200 feet to the County Road 26 right-of-way.
Motion to approve the variance was made by Leo (Board member) and seconded by Tim (Board member). The chair called for a voice vote; the motion carried. The board granted the variance with the stated conditions.
The decision allows Northern Improvement to continue mining closer to County Road 26 than the code’s 200-foot standard while requiring measures intended to protect roadway conditions and ensure reclamation.
