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Houston County board grants variance allowing two Type 3 septic sites for proposed lot in La Crescent Township
Summary
The Board granted a variance allowing a new lot in La Crescent Township to show two Type 3 septic system locations instead of two Type 1 locations after a perk test indicated the soil can accept effluent but borings did not meet Type 1 depth requirements.
The Houston County Board of Adjustment on July 31 granted a variance allowing the creation of a new lot in La Crescent Township that will rely on two Type 3 septic system locations instead of the two Type 1 locations required by county code. The application was filed by representatives of the Ronald McKelvey Bridal Trust and the Christine Sadek Trust for parcel ID 080245000.
County staff told the board that borings at the proposed lot did not consistently show the depth of natural soil the zoning ordinance requires for Type 1 systems, but a perk (percolation) test showed the soils can accept water and thus could support modified (Type 3) systems. Staff recommended allowing the applicant to locate two Type 3 sites and then proceed with rezone and additional reviews if they move forward with lot creation.
The applicant, Christine Sadek, told the board she owns the parcel (about 75 acres total) and wants to subdivide a small two- to three-acre parcel so her daughter and son-in-law can build a smaller house nearby. Sadek said she had the septic work done first because the rezone and survey steps depend on the septic feasibility.
Board members discussed the difference between Type 1 and Type 3 systems: Type 1 being the full-size systems required where there is sufficient natural soil depth, Type 3 being a modified system often used when soil depth is limited and which can include time-dosed or other engineered measures. Staff explained the county and state regulations require new lots to demonstrate two suitable locations; the county code references the state code but allows the county to consider a variance in cases where a Type 3 system is feasible.
Several neighbors submitted letters; one resident sought clarification but did not appear at the hearing. The Minnesota Pollution Control Agency (MPCA) provided comment confirming the county may grant this type of variance under the rules cited in staff materials.
After asking questions about long-term issues such as shared wells and future lot divisions, the board voted to approve a motion to grant a variance permitting two Type 3 septic locations rather than two Type 1 locations. The board noted that any new dwelling will still need to meet septic design, rezone and permitting steps before building could occur.
The board's vote was recorded by roll call as affirmative (yes) from Ken Anderson, Franklin Hahn, Dean Hoppell, Wayne Runigan and Ken Visker. The applicant was advised to continue with the county rezone and permitting process and to record the proposed replacement site(s) so future development or changes will follow the approved siting.
The approval applies only to the county setback/onsite septic-location requirement and does not itself authorize a new house; additional permits and a rezone will be required if the owner proceeds.
