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Board tables lot-width/after-the-fact variance for Cragnus Township property pending septic and floodplain inspections
Summary
A variance request to reduce the minimum lot width for an existing structure in Cragnus Township was tabled to the July meeting so environmental health can inspect holding tanks and confirm floodplain and septic compliance; the applicant may also pursue acquiring adjacent land as an alternative.
The Clay County Board of Adjustment voted to table a decision on an after-the-fact variance for minimum lot width at a Cragnus Township property after staff and members said environmental health inspections and documentation of a holding tank’s compliance are needed before positive findings can be made.
Planner Matt explained the lot currently measures about 229.35 feet at the building setback line, short of the 250-foot minimum required by county code and state shoreline rules. The property contains an unpermitted concrete slab completed in 2019, apparent holding tanks, and sits in the floodplain fringe. Matt said the holding tank(s) and other systems had not been inspected and that without those inspections the board could not confidently make the findings required under the Clay County Land Development Code.
Applicant Todd Fuller said he purchased the lot as a building site after bidding at auction on a parcel that included infrastructure; he said the slab and utility work preexisted his ownership and recounted discussions with the prior owner and a realtor. Fuller said he had a licensed contractor install the holding tank(s) and that he was willing to have environmental health inspect and approve the systems. "I spent a lot of money to buy something ... I hope at least you can see where I'm coming from," Fuller told the board.
Board members and staff discussed options: (1) deny if required findings cannot be made; (2) approve if inspections confirm compliance; or (3) continue to allow inspections. The board voted to table the hearing to the July meeting (July 21) and instructed the applicant to submit the environmental health application so staff can inspect the holding tank(s) and provide results to the board. The chair and staff noted that if the applicant acquires additional land to meet the 250-foot width, a variance would not be necessary but septic compliance and a building permit would still be required.
Next steps: applicant to apply for environmental health inspection and provide results to staff before the July hearing. If inspections show noncompliance, the board indicated it may deny the variance or require corrective actions.
