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Clay County board grants variance to replace multiple grain bins near unnamed creek
Summary
The Clay County Board of Adjustment approved a variance permitting an agricultural property owner to replace nine older grain bins (52,000 bushel total) with two larger bins (130,000 bushel capacity each), with a 130-foot setback condition from the existing ditch; staff said the replacement would reduce impervious surface and runoff.
The Clay County Board of Adjustment voted to grant a variance allowing an agricultural property owner to replace multiple small grain bins with two larger bins within the county’s shoreland setback.
Staff member Matt presented the application, saying the proposal would replace nine existing grain bins with a combined capacity of about 52,000 bushels by installing two new bins with roughly 130,000-bushel capacity. He told the board the structures are within a roughly 200-foot setback from an unnamed creek (described in the record as a drainage ditch), and that many of the existing bins predate the county’s shoreland regulations. "The replacement of all of these grain bins with two other grain bins would definitely reduce the footprint and the impervious surface on the site," Matt said.
The property and surrounding parcels are zoned Agricultural General with shoreland protections. Matt noted the tributary had been removed from the state Department of Natural Resources buffer map in 2018 and that the state is beginning an update of the public waters inventory, but he told the board removal from the buffer map does not change a feature’s status as a listed public water and that setbacks are tied to that listing.
The applicant, Brandon Menhold, appeared at the podium, introduced himself and said he had nothing substantive to add beyond staff’s presentation: "Matt did a really good job of, kind of, saying everything that I would probably say myself. I really don't have nothing more to add," Menhold said.
Board members reviewed the findings of fact, which staff read into the record, and concluded the replacement would reduce impervious area and therefore could be found consistent with the Clay County Land Development Code. During deliberations, members discussed conditions; one board member proposed, and other members supported, requiring the new bins be set back about 130 feet from the current ditch so they would lie outside the roughly 100-foot shore impact zone.
A motion to grant the variance in harmony with the Clay County Land Development Code was moved, seconded and carried by voice vote. The record contains no roll-call tally; results were announced as carried.
The variance decision is final subject to judicial appeal timelines discussed by staff; staff noted that aggrieved parties may appeal to district court under applicable statutory deadlines. The board then moved on to other business and adjourned.
Why it matters: The variance allows an agricultural operation to consolidate storage into fewer, larger structures, which staff said will reduce the site footprint and runoff entering the public water. The board also signaled intent to attach a measurable setback condition (approximately 130 feet) to ensure the bins sit outside the shore impact zone.
