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Clayton planning board approves variance to add 1,600 sq ft ADU at 5074 North County Line Road
Summary
The Clayton planning board unanimously approved Variance V2603 May 6, 2026, allowing a 1,600-square-foot accessory dwelling unit to be added as an addition to an existing nonconforming accessory structure at 5074 North County Line Road, subject to staff conditions including adherence to the submitted site plan and size limit.
The Clayton Planning and Zoning Board on May 6, 2026, voted unanimously to approve Variance V2603, permitting a 40x40 (about 1,600 sq ft) accessory dwelling unit (ADU) to be added to an existing 40x80 nonconforming accessory structure at 5074 North County Line Road. Staff had recommended approval with conditions limiting the ADU to 1,600 square feet and requiring construction in accordance with the submitted plan.
Ellen, planning staff, told the board that application V2603 was filed March 30, 2026, and that notice was mailed to property owners within 300 feet on April 20 and published in the Eaton Register Herald on April 22. She described parcel M6030040025 as 14.9883 acres in RCD2 (rural conservation district) and summarized the requested relief as exceptions for non-matching exterior materials, placement of the ADU and enlargement of an existing nonconforming accessory structure. "After evaluating the applicant's request and the provisions of the zoning code, staff recommends approval of the request with the following conditions," Ellen said, listing the plan-based location and the 1,600-square-foot cap.
Applicant Larry Wisman spoke in support of the request, describing the existing building as green-sided with a black roof and saying the 40x40 addition will be designed to match the accessory structure so it "will look like a home on the side of it." Wisman said the ADU is needed to provide accessible living space for medical care; he told the board the addition will tie into the house for water and electricity and that he has a septic system design ready to submit to the health department.
Board members asked practical questions about access, driveway surfacing and fire separation between the ADU and storage areas. Wisman said the contractor advised a fire barrier (described in discussion as roughly 2 in of 5/8" drywall or equivalent) between the ADU living area and the storage side. A board member voiced concern that the request represented "adding a variance to a variance;" Ellen responded that enlargement or alteration of an existing variance is an application type the board may consider and that the board has approved similar adjustments in the past.
A member read the required findings of fact (special conditions, hardship, minimum relief, harmony with the code, and no change of zoning), and the board voted to approve the variance with the staff conditions. Roll call votes were recorded as: Mr. Maidwell — Yes; Mr. McInness — Yes; Mr. Pin — Yes; Mr. Greer — Yes; Mr. Petroski — Yes.
Votes at a glance: - Motion to approve minutes of the previous meeting — approved unanimously during opening roll call. - Motion to approve Variance V2603 with staff conditions — approved unanimously (5–0). - Motion to enter executive session to discuss pending litigation — approved unanimously; the board returned and closed executive session. - Motion to adjourn — approved unanimously.
The board noted no written public comments had been submitted; staff said several callers had inquired about the ADU location but chose not to send written testimony. The applicant was congratulated and the meeting proceeded into executive session for pending litigation before adjourning. The board indicated it had no pending applications on the calendar for the next month.
