The land in question, zoned as agricultural with shoreland protections, is in a special protection low development overlay district, which normally mandates a minimum lot size of 10 acres. The applicants, John and Laura Elely, sought to subdivide approximately 6 and 12 acres from the larger parcel. However, complications arose due to the presence of wetlands and a small lake on the property, leading to discussions about the actual usable land area, given state rules that exclude water-covered land from lot area calculations.

The applicants explained that the subdivision was primarily motivated by a desire to sell the portion of the property containing a steel building where they had lived for 18 years before constructing a separate house. This move aligns with their plans to retire and the reduced need for the building as a business space. The board’s approval was contingent upon the condition that both properties maintain compliant septic systems, which will be inspected upon the sale of the subdivided property.

The board considered various factors, including the county’s comprehensive plan goals, which aim to protect and enhance the health of surface waters and prevent overdevelopment of smaller lakes. The variance was deemed consistent with these goals, as well as with the general purposes and intent of the Clay County Land Development Code. The applicants’ request was found to meet the necessary criteria for practical difficulty, and no objections were raised during the public hearing portion of the meeting.