Clay County board approves variance for homeowner to add 80-sq-ft shed

The Clay County Board of Adjustments on May 22 approved a variance for Daryl and Carol Pratt that permits an accessory shed that will increase lot coverage above the RB Zoning District's 30% maximum.

Jenny Breyla, zoning chief, told the board the request (case BOA250006) sought permission to allow up to 50% lot coverage under Clay County Land Development Code section 3.17(f)(7)(8) to place a shed on a 0.183-acre parcel on the southeast side of Brandon Drive, northeast of Peoria Road and west of Doctors Lake Drive. Breyla said staff reviewed the application and "did not find a hardship that exists with this lot" and therefore provided "a recommendation of denial." The report notes the home was built before the current lot-coverage language was codified and that the existing home already exceeded the 30% limit.

The applicant, Daryl Pratt of 1315 Brandon Drive, said he is a 78-year-old, 100% disabled U.S. military veteran and a retired Clay County teacher and described the shed as an 8-by-10 structure of about 80 square feet to store lawn equipment and belongings and to allow the couple to park in their garage for medical and mobility reasons. "I need an 80 square foot, which is one of the smallest sheds available to store my lawn equipment, my tool, and some personal items so that we can get our vehicles in our garage because of medical conditions," Pratt said.

Troy Courtney, a representative for Tough Shed and Permatech, told the board the shed would be built to withstand weather, would be elevated off the ground to avoid blocking drainage and would match neighborhood character. Courtney also argued approving the variance would encourage property owners to pursue permits rather than erecting unpermitted structures.

Board members discussed the narrow size of the proposed shed and the lot metrics. Breyla said the parcel is approximately 0.183 acres and the property appraiser lists the home's gross area at about 3,146 square feet; the proposed 80-square-foot shed would represent a small percentage increase in coverage. The staff report also noted a 20-foot drainage easement on the north side of the lot.

One board member moved to approve the variance, citing the small, rear-yard location of the shed, the homeowners association's approval and the desire to incentivize owners to follow permitting channels. A second member supported the motion. With no members opposed, the board voted to approve the variance. The board's vice chair said staff would provide an approval letter so the applicant could submit a building permit.

The action overturns the staff recommendation and allows the Pratts to apply for a building permit for the 80-square-foot accessory structure. The board did not specify conditions limiting the approval to the exact 80-square-foot unit in its motion; staff and the applicant discussed that the applicant had not yet filed a building permit with final dimensions and the degree of overage was reported in staff materials as between roughly 40% and 50%.