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Summit County Board of Health upholds denial of wastewater variance for undersized lot
Summary
The board voted 5'0 to uphold the Summit County Health Department's denial of a variance requested by the Hatch family to install a new well and an on-site Level 3 wastewater system on a 0.13-acre lot (KK-4A). Staff cited lot size, soil type and shallow groundwater as the basis for denial; engineers argued advanced treatment technology mitigates those risks.
The Summit County Board of Health voted 5-1 on Feb. 5 to uphold the health department's decision denying a variance request for an undersized lot at KK-4A that sought a new well and an on-site Level 3 wastewater system.
The motion to uphold the department's denial was made by board member Chris Cherniak and seconded; the board recorded five votes in favor and one opposed. The decision leaves the department's written denial and its findings in place.
Why it matters: The appeal centered on whether modern alternative on-site wastewater treatment systems that treat effluent more intensively than conventional septic systems can justify an exception to the county's minimum lot-size restrictions. The county's health code and the state on-site wastewater rules establish minimum lot sizes and setbacks meant to protect groundwater and neighboring properties; department staff argued the applicant's parcel did not meet those protections even with advanced treatment.
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