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Board approves septic‑setback variance after after‑the‑fact deck complicates replacement
Summary
Stearns County approved a variance allowing a replacement septic tank and partially replaced drain field that would sit closer to a house/deck than current setbacks require, with staff noting the deck was built without a permit in 2004 and an after‑the‑fact construction permit will be required if the variance is approved.
The Stearns County Board of Adjustment voted to grant a variance that allows a new septic tank and associated components to be placed closer to a structure than current setback rules normally permit, resolving a compliance issue discovered as the property’s septic failed.
Staff explained the septic tank failed while the existing soil treatment area passed inspection; a licensed designer proposed a replacement system that would place a tank 5 feet from a structure and a soil‑treatment area 3 feet from a deck, short of the county’s 10‑foot tank and 20‑foot soil‑treatment setbacks under Ordinance No. 422. Staff said the lot is in an R1 zoning district, the plat predates shoreland rules, and the deck was added in 2004 without a permit.
The property owner said she was unaware a permit had not been pulled and is preparing to sell the home; board members discussed options including removing the illegal deck or replacing it with a permitted four‑foot walkway that would not count toward the setbacks. Environmental staff said replacing a failed component still requires meeting setback standards and that, if the board grants the variance, the deck could be legalized with an after‑the‑fact construction‑site permit.
Neighbor Dan Rolfus asked whether the proposed system would encroach on his lot line; staff confirmed the system components meet property‑line setbacks. After completing the required findings and hearing that alternatives were limited by lot size and topography, the Board moved, seconded and approved the variance by voice vote.
