Planning commission approves side-setback variance for Burrell property after septic hardship debate

The Dawson County Planning Commission voted to approve variance VA 25-21, allowing a reduction of the side-yard setback to accommodate a proposed single-family home on a lot owned by Janie Burrell. Commissioners approved the variance by a recorded vote of 3-0 following testimony from the applicant’s engineer and several neighbors.

The request, presented by engineer Doug Sherrill on behalf of Janie Burrell, sought relief from the county’s side setback to place a 2,200-square-foot home on a 0.23-acre lake lot. Sherrill told the commission the site’s existing septic field occupies much of the front half of the lot and that “the septic system cannot be moved,” which he described as “absolutely the hardship” that limits where a compliant house can be built.

Why it matters: Neighbors opposed the variance as a matter of precedent and neighborhood character. Christopher Preet, an adjacent property owner, told the commission the request was a “preference, not a hardship,” and argued that alternatives such as narrowing or shifting the plan were available. Supporter Kathy S. Cox urged the commission to consider Burrell’s long ties to the subdivision and delays she said the owner has faced in permitting.

Commission discussion focused on technical details of the plan and whether nonliving elements (a deck and breezeway) affected setback measurements. Planning staff explained county practice for measuring setbacks and that the district historically required larger side setbacks. Sherrill provided an earlier survey showing the demolished home’s closer placement to the line and said the property line had been amended in the past.

Outcome and next steps: After closing the hearing and brief discussion, the commission moved and approved VA 25-21, recorded as carried 3-0. The commission did not attach conditions in the hearing record. The approval allows the applicant to proceed with designs reflecting the approved setback relief; any final building permit issuance remains subject to compliance with county permit processes and health department requirements for septic replacement.

Quotes from the hearing reflect the central dispute: Sherrill said, “The hardship is absolutely the septic system.” Opposing the request, Preet said, “This is a preference, not a hardship.” Supporter Kathy S. Cox said Burrell had “waited over 2 and a half years to get this permit.”

Provenance: The application was introduced and discussed during the commission’s November meeting; the item was opened at the chair’s introduction and the vote was recorded later in the same agenda item.