Morrison County Board of Adjustment approves variance to allow type 3 septic on newly created lot

On May 27, 2025, the Morrison County Board of Adjustment voted to approve a variance allowing a type 3 septic system on a newly created lot identified on the agenda as “Cutler Gatticks.” The board’s action follows staff findings that soil borings show the parcel cannot support a standard type 1 septic system and that a deed restriction recorded at the time of the March 2024 split currently prohibits development.

The variance matters because Morrison County and state rules require lots created after Jan. 23, 1996, to have two soil treatment and dispersal areas capable of supporting type 1 systems. Without those soils, a property owner must either provide soil data that demonstrates treatment capacity or secure a variance to allow development with an alternative (type 3) system. Amy Hamy, Morrison County Land Services staff, told the board, "If you go back to the ordinance requirement, it is all lots created after 01/23/1996 must have a minimum of 2 soil treatment and dispersal areas that can support type 1 systems."

In a staff report, Hamy said the parcel was created in March 2024 and that the applicant provided soil boring information and a septic design completed in November 2023. The submitted soil data show the site cannot support a type 1 system; the deed restriction was recorded in lieu of soils during the split process. The applicant requested the variance to develop the lot with a type 3 septic system.

Applicants at the hearing identified themselves as Keller Gaddich and Amanda Hoppe. Gaddich told the board, "I was just totally unaware," explaining the applicants believed the title/abstract company handling the split had given them incomplete direction about when soil information was required. Hamy said title companies are normally made aware that soils or a signed deed restriction are required when a split is processed.

Board members reported a site visit before the hearing. Discussion during the hearing centered on the Board of Adjustment’s required findings: harmony with the comprehensive plan and county ordinance, reasonable use of the property, maintenance of the character of the locality, uniqueness of circumstances, whether the need was created by actions other than the applicant, and whether the difficulty involved more than economic considerations. Board member Clint summarized the parcel conditions during the site visit, saying the soils and a high water table made the site unable to support a type 1 system: "it's just the soils over time with high water table or whatever didn't give us the quality of, dirt that we need to have a type 1." Several board members noted there were alternative locations on the lot where a type 3 design could be placed if one location failed.

The board answered all six required findings in the affirmative. Board member Marvin moved to approve the variance; board member George seconded. The vote was recorded as yes from John, Marvin, George and Clint; the motion carried and the variance was approved as requested. The board chair told the applicants, "I'll work with Amy if you have any questions as you move ahead," indicating staff will assist with next steps to lift the deed restriction and implement the approved design.

No members of the public offered comment at the hearing on this item. The staff report and the affirmative findings will be reflected in the formal written decision and any recorded documents needed to lift the deed restriction or memorialize conditions of approval.