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Clay County planning board approves Henry family variance for home near Buffalo River
Summary
The Clay County Planning Board granted the Henrys an 18-foot reduction to the 150-foot ordinary high water level setback (to 132 ft) and a 13-foot reduction to the 53-foot road setback (to 40 ft) for a single-family home, imposing conditions including septic permitting and the two setbacks.
The Clay County Planning Board approved a variance Thursday allowing Matt and Amanda Henry to rebuild a single-family home closer to the Buffalo River than current shoreland and road setbacks allow. The board approved the request with conditions after staff recommended approval and the applicant spoke in support.
A county planning staff member said the application requested an 18-foot variance from the 150-foot ordinary high water level setback (proposed 132 feet) and a 13-foot variance from the 53-foot road setback (proposed 40 feet). The staff presentation described overlay zoning on the parcel (floodplain/fringe, floodway, shoreland special protection, rivers and streams), noted an existing late-1950s residence currently at about 64 feet from the river, and stated the proposed replacement would sit further from the Buffalo River and would remove part of the existing structure from the regulatory floodway.
"Strict application of both the 150-foot lake/stream setback and the 53-foot road setback creates a practical difficulty due to the unique configuration and depth of the lot," the staff presentation said, recommending approval subject to conditions. The staff member also reported that the county environmental health director had reviewed septic plans and found the proposed septic placement acceptable.
Matt Henry, the applicant, told the board he grew up in the area and said neighbors support the project. "When the opportunity arose for us to get this property, we jumped on it," he said, adding that he appreciated having environmental health review completed ahead of the hearing.
After reading draft findings of fact that recommended approval under the county's Land Development Code and Comprehensive and Transportation Plan, the board adopted conditions including a minimum 132-foot setback from the ordinary high water level of the Buffalo River and a minimum 40-foot setback from the centerline of 110th Avenue North. Dennis moved to approve the findings and conditions; Tim seconded. The motion passed by voice vote and the variance was granted.
The board did not record a roll-call tally in the transcript; the approval was entered on a voice vote. The staff presentation and the approved conditions specify that construction and septic installation remain subject to required permits and inspections.
