DEPARTMENT: Environmental Resources
FILE TYPE: Regular Action
TITLE
title
Public Hearing To Receive Comments On And Approval Of Variance To Dakota County Ordinance No. 113, Subsurface Sewage Treatment Systems For Property Lines And Structures At 29715 Gerlach Way Cannon Falls, MN 55009
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PURPOSE/ACTION REQUESTED
Conduct a public hearing to receive comments on and consider a variance to Dakota County Ordinance No. 113, Subsurface Sewage Treatment Systems (Septic Systems) for property lines and structures at 29715 Gerlach Way Cannon Falls, MN 55009.
SUMMARY
The property owner must build a new septic system to replace a system that is showing signs of failure by draining very slowly, according to homeowner testimony and the licensed septic contractor proposing the new septic design. Due to the size of the lot, placement of neighboring wells, and other infrastructure, the only remaining area available would encroach upon the property line to the township road and to the property owners' attached garage. The placement of the proposed septic system would cover most of the same area as the existing system, which must be completely removed. Strict adherence to the ordinance would prohibit the construction of a septic system of appropriate capacity for the three-bedroom house at four hundred fifty gallons per day. The required drain field size for this capacity is three hundred seventy-five square feet. The available area is limited by setbacks to private drinking water wells in the area, and the proposed variance would allow the system to avoid encroaching on those setbacks. Alternatives include installing a more costly system that would operate at a lower capacity or a holding tank system that would require pumping several times a month. The property is in a neighborhood where acquiring additional property is infeasible, as every neighbor has similar restrictions. Denial of the variance would limit the owner’s ability to maintain their residence on the lot.
Rules 7080.2150 Final Treatment and Dispersal F. Table VII: Minimum setback distance requires ten feet to property lines and 20 feet to structures.
Notice of the proposed variance was sent on August 20, 2025, to all property owners within 500 feet of the subject property, Randolph Township, and the City of Cannon Falls. No significant comments or concerns were identified.
Notice of the variance and the scheduled public hearing were published in the newspaper of record for Dakota County on August 28, 2025, and September 4, 2025.
RECOMMENDATION
recommendation
Staff recommends that the County Board adopt the proposed variance to County Ordinance 113 Subsurface Sewage Treatment Systems 6.01 Standards adopted by reference Minn. Rules 7080.2150 Final Treatment and Dispersal F. Table VII: Minimum setback distance to allow one foot from the property line to the right of way with Gerlach Way instead of the required ten feet, and four feet to the property owner’s attached garage instead of the required twenty feet.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
body
WHEREAS, pursuant to Minn. Stat. Ch. 115, 145A, and 375 and Minn. R. Chs. 7080, 7081, and 7082, Dakota County has adopted Ordinance No. 113 to establish minimum requirements for regulation of subsurface sewage treatment systems to protect public health and safety, groundwater quality, and to prevent or eliminate the development of public nuisances; and
WHEREAS, Subsection 6.01 of Ordinance No. 113 adopts the minimum setback requirements set forth in Minn. Rules 7080.2150; and
WHEREAS, pursuant to Section 10 of Ordinance No. 113, a “variance” is an exception that may be granted by the Dakota County Board of Commissioners from the literal provisions of the regulation where it appears by the reason of exceptional circumstances the strict enforcement of any provision of the standards would be unreasonable, impractical or not feasible under the circumstances in order to promote the effective and reasonable application and enforcement of the provisions of the ordinance; and
WHEREAS, a variance has been requested by the property owner, Joshua Dockter (Applicant), to construct a replacement septic system that encroaches within the minimum structure and property line setback distances required by Minn. Rules 7080.2150 at 29715 Gerlach Way, Cannon Falls, MN 55009; and
WHEREAS, notice of the public hearing was published in the newspaper of record for Dakota County on August 28, 2025, and September 4, 2025; and
WHEREAS, the Dakota County Board of Commissioners held a public hearing on September 23, 2025, in the Boardroom, Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, for the purpose of receiving comments on the proposed variance to Dakota County Ordinance No. 113, Subsurface Sewage Treatment Systems for property lines and structures at 29715 Gerlach Way Cannon Falls, MN 55009; and
WHEREAS, pursuant to Subsection 10.03 (F) of Ordinance 113, a variance may be granted provided that: (1) the conditions causing the demonstrated hardship are unique to the property and were not caused by the action of the applicant; (2) the granting of the variance will not be contrary to the public interest or damaging to the rights of other person or property values in the vicinity; (3) the property owner would have no reasonable use of the land without the variance; (4) the granting of the variance would not allow a prohibited use; and (5) the granting of the variance would be in accordance with Minn. R. Chs. 7080, 7081, and 7082; and
WHEREAS, the Applicant has provided the following information establishing why compliance with the setback provisions is difficult or inappropriate: (1) the property owner must build a new septic system to replace an existing system that is worn out; (2) due to the size of the lot, placement of neighboring wells, and other infrastructure, the only remaining area available would encroach upon the property line to the township road and to the property owner’s attached garage; (3) the placement of the proposed septic system would cover most of the same area as the existing system that is being replace; (4) strict adherence to ordinance’s set back requirements would prohibit construction of a septic system of appropriate capacity for the existing structure on the property; (5) alternative would be more costly and would operate at a lower capacity or a holding tank system that would require pumping several times a month; (6) the property is in a neighborhood where acquiring additional property is infeasible as every neighbor has similar restrictions; and denial of a variance would limit the owner’s ability to maintain their residence on the lot; and
WHEREAS, the Dakota County Environmental Resources Department recommends approval of the variance based on its review of the information provided by the Applicant; and
WHEREAS, the Dakota County Board of Commissioners has reviewed the variance request at the public hearing on September 23, 2025, and made the following determination based on the information provided by the Applicant:
1. the conditions causing the demonstrated hardship are unique to the property and were not caused by the action of the applicant; and
2. the granting of the variance will not be contrary to the public interest or damaging to the rights of other persons or to property values in the vicinity; and
3. the property owner would have no reasonable use of the land without the variance; and
4. the granting of the variance would not allow a prohibited use; and
5. the granting of the variance would be in accordance with Minn. R. chs. 7080, 7081, and 7082.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approve the variance to County Ordinance 113 Subsurface Sewage Treatment Systems 6.01 Standards adopted by reference Minn. Rules 7080.2150 Final Treatment and Dispersal F. Table VII: Minimum property line and structure setback distances to allow one foot from the property line to the right of way with Gerlach Way, and four feet to the property owner’s attached garage, as presented on September 23, 2025.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: Application
Attachment: Affidavit of Notice to newspaper
Attachment: Staff report and Map
Attachment: Presentation Slides
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Nikki Stewart
Author: Ben Hoyt