Board grants variance to replace failing 1977 septic system closer to Stoney Creek

The Clay County Board of Adjustment approved a variance allowing a property owner southeast of Sabin to replace a failing 1977 septic system and locate the new tank and drain field closer to Stoney Creek than county setback rules normally allow.

Planner Matt told the board the applicant is seeking a 75-foot reduction for the tank location and a 15-foot reduction for the drain field from the ordinary high-water level to replace a nonconforming, failing system serving a single-family dwelling. He said environmental health recommended the variance and suggested turning the tank parallel to the house to increase distance from the stream. "This is a request to reduce the setback to the ordinary high water level," Matt said in his presentation.

Why it matters: staff said the replacement would improve shoreline protection compared with the existing system and avoid relocation of other site improvements, but the proposal requires close review to ensure private-well separation and floodplain compliance. The applicant, who identified himself as Blake Carson, told the board the existing system "is original. It's a 1977 septic," and said his private well measures about 54 feet from the proposed works, which he said meets the 50-foot minimum separation.

In deliberations, board members walked through the Clay County Land Development Code and the county comprehensive plan criteria for variances. Staff described six conditions attached to approval, including: obtaining all Clay County Environmental Health permits and approvals; installing the replacement system substantially consistent with the approved site plan (or a plan that provides equal or greater protection of the adjacent stream); maintaining required separation distances from the private well and structures; stabilizing disturbed areas to prevent erosion; obtaining any required floodplain approvals; and documenting abandonment of the old system so it cannot be reconnected.

Dennis moved to approve the variance with the listed conditions; Travis seconded. The motion carried by voice vote and the board formally "granted the variance." The board recorded approval by voice (Dennis and Travis were recorded as voting in favor in the hearing record). The approval allows the applicant to proceed with designing and permitting the replacement system under the conditions the board adopted.

Next steps: the applicant must secure Clay County environmental health permits and any floodplain approvals, complete required inspections, and ensure the old system is abandoned per staff direction before final acceptance.