Clay County Board Approves Variance for Mining Operations
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Meeting Type:
County Council
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Meeting Date:
11/19/2024
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Recording Published:
11/26/2024
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Duration:
67 Minutes
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State:
Minnesota
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County:
Clay County
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Towns:
Alliance Township, Barnesville, Barnesville Township, Comstock, Cromwell Township, Dilworth, Eglon Township, Elkton Township, Elmwood Township, Felton, Felton Township, Flowing Township, Georgetown, Georgetown Township, Glyndon, Glyndon Township, Goose Prairie Township, Hagen Township, Hawley, Hawley Township, Highland Grove Township, Hitterdal, Holy Cross Township, Humboldt, Keene Township, Kragnes Township, Kurtz Township, Moland Township, Moorhead, Moorhead Township, Morken Township, Parke Township, Riverton Township, Sabin, Skree Township, Spring Prairie Township, Tansem Township, Ulen, Ulen Township, Viding Township
- Meeting Overview:
The Clay County Board of Commissioners convened to address several variance requests, with the most notable being the approval of an after-the-fact variance for Central Specialties to continue mining activities within a 100-foot setback on land owned by Diane Blomster. The decision, which followed a thorough evaluation of compliance with local land development codes, underscored the complex balance between resource extraction and environmental stewardship.
The meeting’s primary focus was the variance request made by Central Specialties to permit mining activities closer to the property boundary than typically allowed by zoning regulations. Luke Lippert represented the company, explaining that without this variance, access to valuable aggregate materials would be severely limited. This request involved mining along the west boundary, an area where activities had already occurred, necessitating the after-the-fact nature of the variance. The board considered the implications of the 2009 Minnesota Supreme Court decision, which permits review of such variances post-activity based on specific standards.
Discussions emphasized the necessity of these materials for the county while balancing environmental impacts and the rights of adjacent property owners. The land is classified as agricultural general and resource protection aggregate, with a history of conditional use permits for mining operations. The variance would extend previous permissions granted for similar setbacks on the north property line.
During deliberations, the board examined whether practical difficulties existed that would justify the variance and assessed potential adverse effects on public health and safety, ultimately finding no concerns. The board also confirmed that written consent had been obtained from adjacent landowner Diane Blomster, although setbacks must be maintained from properties owned by the Department of Natural Resources and other nearby owners.
The board’s decision to approve the variance, with conditions to mitigate any potential impacts, was made after confirming that the proposal aligned with the intent of the land development code and comprehensive plan. Conditions included restricting mining activities within specified setbacks, requiring further variances and landowner consent for any additional operations.
Following this, the meeting addressed a variance request by Jacob Murac, who sought approval to build a residence closer to the centerline of a public road than typically permitted. The proposal involved a significant reduction in the setback requirement on 60th Avenue North, an area described as low-traffic and predominantly agricultural. The applicant highlighted practical difficulties in adhering to the existing setback, with the intent to situate the home south of existing trees for shelter.
The dialogue around this request was marked by safety concerns due to proximity to the road and existing drainage infrastructure. Board members deliberated on the practicality of the proposed location, with suggestions to adjust the placement to balance safety and the property’s natural features. A compromise emerged to establish a new setback of approximately 85 to 90 feet from the road centerline, providing additional space and maintaining safety standards.
The board’s evaluation included affirmations that the variance aligned with the land development code and addressed practical difficulties while preserving the character of the locality. Members agreed that the proposal would not adversely affect public safety or health. The variance was approved with the 90-foot condition attached, resolving procedural concerns raised by the initial public notice’s omission of specific details.
The meeting also considered a variance request from Bradley Berg, seeking permission for an after-the-fact variance to allow a temporary second dwelling with a separate well. This proposal was part of a broader discussion on housing diversity and affordability in the county. The board assessed the practical difficulties associated with existing environmental conditions and the property’s zoning, which requires adherence to resource protection and agricultural standards.
The board’s decision to approve this variance highlighted the need for flexibility in local regulations to accommodate diverse living arrangements, while ensuring compliance with environmental and zoning requirements. Conditions were imposed to ensure the separate well met all necessary setbacks according to Minnesota regulations.
County Council Officials:
Frank Gross, Kevin Campbell, Paul Krabbenhoft, Jenny Mongeau, David Ebinger
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Meeting Type:
County Council
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Committee:
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Meeting Date:
11/19/2024
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Recording Published:
11/26/2024
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Duration:
67 Minutes
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Notability Score:
Routine
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State:
Minnesota
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County:
Clay County
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Towns:
Alliance Township, Barnesville, Barnesville Township, Comstock, Cromwell Township, Dilworth, Eglon Township, Elkton Township, Elmwood Township, Felton, Felton Township, Flowing Township, Georgetown, Georgetown Township, Glyndon, Glyndon Township, Goose Prairie Township, Hagen Township, Hawley, Hawley Township, Highland Grove Township, Hitterdal, Holy Cross Township, Humboldt, Keene Township, Kragnes Township, Kurtz Township, Moland Township, Moorhead, Moorhead Township, Morken Township, Parke Township, Riverton Township, Sabin, Skree Township, Spring Prairie Township, Tansem Township, Ulen, Ulen Township, Viding Township
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