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Morgan County BZA approves variance to place septic on adjacent lot in St. John’s Common
Summary
The Morgan County Board of Zoning Appeals on March 24 approved a standard variance allowing homeowner Linda Fuller to place a septic system on an adjacent lot (Lot 11) while building a house on Lot 10 in St. John’s Common Subdivision, subject to verifying existing easements.
The Morgan County Board of Zoning Appeals on March 24 approved a development standard variance (DD-25-03) that allows Linda Fuller to locate a septic tank on the lot adjacent to the primary dwelling at 2645 and 2651 South Gale Drive in St. John’s Common Subdivision in Jackson Township. The board voted to approve the request after concluding the applicant met the required findings of fact.
The variance was sought so Lot 10 can hold the house and Lot 11 can contain the septic system. Linda Fuller, the applicant, told the board she intends to keep Lot 11 largely wooded except for the septic installation. “Septic tanks are common in that subdivision,” Fuller said, and she told the board the health department had indicated where the septic should be placed.
Board members reviewed the three findings required for the variance. Staff and the health department reported no objections; the county surveyor noted a 10-foot-wide drainage and utility easement shown on the plat and asked the owner to verify that no utilities are placed within that easement. The board emphasized that, if approved, the owner must research and respect existing easements before construction.
During the hearing staff summarized the three findings that must be met: that the approval will not injure public health and welfare (Section 2.1), that adjacent property values and uses will not be substantially adversely affected (Section 2.2), and that strict application of the ordinance would create practical difficulties (Section 2.3). The applicant and staff stated the findings were satisfied, noting existing septic use in the subdivision, the planned wooded screening for Lot 11, and the health department’s absence of objection.
A board member moved to approve DD-25-03 based on the findings of fact; another board member seconded the motion. The board called for the vote and the motion carried. The board reminded the applicant to confirm locations of easements and avoid encroaching on them before any construction begins.
The decision authorizes the septic placement subject to adherence to applicable permitting and utility-easement requirements; the board record notes the health department and county surveyor comments and staff recommendation supporting the variance.
