Drainage Board grants septic and driveway variances for Garrett Tharpe with owner liability condition

The Marshall County Drainage Board approved two variances Jan. 13 to allow construction of a septic mound and a stone driveway that encroach on a 75-foot drainage easement for property owned by Garrett Tharpe.

Garrett Tharpe told the board he plans to build a new home on Quince Road and the required mound septic system would extend into the 75-foot easement measured from the top of bank. Drainage staff presented site visuals showing the proposed mound location and reported the southernmost encroachment measured about 68 feet from top of bank. Staff noted the Emma Merschler Ditch is not on collection for maintenance currently.

The board first voted to approve a variance allowing the septic system to come within 68 feet of the ditch (motion made by Dave; seconded by Jesse). The board then voted to add language to the motion and record the landowner’s responsibility for any future damage to the driveway or mound if maintenance requires disturbance. The board approved that addition by voice vote.

Separately, the board approved a variance for a stone driveway within the easement and recorded that future maintenance-related damage to that driveway would be the landowner’s responsibility. The motion to approve the driveway variance was made and seconded as recorded in the minutes; members voted by voice and the motion carried.

The board’s actions included explicit conditions placing future maintenance liability on the property owner. Staff advised that, because the ditch is not on active collection, the board currently does not perform regular maintenance on that ditch.

Votes were recorded by unanimous voice vote; no roll-call tallies were recorded in the minutes.