Clay County board denies variance to allow cannabis microbusiness at historic Baker Grain Elevator

The Clay County Board of Adjustment denied a variance request Tuesday to reduce the 500-foot residential setback required for a cannabis business at the Baker Grain Elevator, saying the reduction risked altering the character of the surrounding neighborhood.

Planning staff introduced the application as a request to reduce the county's 500-foot residential buffer for a proposed cannabis microbusiness to roughly 200–250 feet to allow adaptive reuse of the historic grain elevator at 11649 123rd Avenue in Baker. Staff noted the parcel sits in an Agricultural Service Center zoning district, is roughly a half-acre, and that the elevator predates current zoning standards.

The applicant, Scott Doms, told the board he had spent eight years restoring the elevator and defended the proposal as a way to preserve the landmark while creating a small, tightly regulated operation. "This project is about preservation, responsibility, and compassion," Doms said, adding the business would focus on cultivation and modest retail and operate under state rules that require tracking, security and limits on smoking. He said the retail/lounge would be adult-only and that local examples, including a tribal shop in Morehead, had not increased crime there.

More than 30 Baker-area residents spoke against the variance during public comment. Ray Bernard said he feared increased crime and break-ins if drugs were sold nearby, and Christie Donovan said many residents did not receive notice and that the elevator site sits near a daycare and softball fields. Gerald Buttenhoff, Alliance Township supervisor, told the board township meetings showed little to no support for the proposal. Several commenters questioned whether a rural town with limited law-enforcement presence could safely absorb a cash-intensive retail operation.

Board members reviewed the required variance criteria in light of staff reports and public testimony. Members acknowledged that reusing the elevator aligns with some county goals for revitalizing Agricultural Service Center communities but repeatedly cited the 500-foot setback as intended to protect residential buffering from odor, lighting, traffic and security impacts. The board discussed whether the applicant had shown "practical difficulties" under the county code and whether the requested reduction would be the minimum necessary. Several members said the public testimony indicated the change would alter the character of Baker.

After deliberation, a board member moved to deny the variance; the motion was seconded and the board took a roll-call voice vote. The motion carried and the variance was denied.

The board also discussed scheduling and a draft 2026 meeting calendar; staff noted one other application is pending and indicated the County would provide written notice if the applicant elects to extend review timelines. The board tentatively discussed meeting dates in January and adjourned.