Board permits after-the-fact shed near Buffalo River with septic compliance condition

The Clay County Board of Adjustment granted an after-the-fact variance that allows an accessory shed to remain about 120.7 feet from the Buffalo River — roughly 29.3 feet closer than the standard 150-foot ordinary high-water setback — provided the owner meets two staff conditions related to septic compliance and permitting.

Planner Matt explained that the structure is an accessory shed located on the rear of the lot and that some mapped floodway delineation may be inaccurate; he said the shed appears to sit above the regulatory floodway elevation and that no township or public comments were received. He noted that in shoreland zones there are no usual square-footage exemptions and the applicant would need a building permit for structures within shoreland even if small.

Applicant Bruce Raymond said the shed was a Menards Arrow shed used for firewood and children's items, sits on a raised gravel bed about 16 inches high, and that he would prefer to improve the structure but sought approval to leave it in place. "This is my wife, Lucy. I guess we use the shed mainly to keep wood dry for the fireplace," Raymond said.

Because the property is in shoreland, staff recommended a septic compliance inspection as part of permitting. The board imposed two conditions: that the applicant obtain a septic compliance inspection (and complete any required corrections or installations) and that the shed obtain a required building permit or be removed if corrections are not made. Travis moved to approve on those conditions; Dennis seconded and the motion carried by voice vote.

Next steps: Raymond must apply for a building permit, complete a septic compliance inspection and, if necessary, perform corrective work or remove the shed. Staff will verify compliance before final acceptance.