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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br /> <br />Meeting Date <br />July 22, 2025 <br />Prepared By <br />Zack Carlton, Community Development Director <br /> <br />Item Description <br />Variance: Wetland Setback, Minnesota Municipal <br />Power Agency - PID #75-00102-2000 <br />Reviewed by <br />Chris Leeseberg <br /> <br />Action Requested <br />Approve, by motion, the variance request from Minnesota Municipal Power Agency (MMPA) to allow a <br />driveway and associated grading to encroach into the required wetland setbacks up to 1-foot from a <br />delineated wetland, as the following standards have been met: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use guidance of Residential, and the proposed utility use is consistent with the <br />Comprehensive Plan. <br />3. The proposed use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the <br />petitioner's own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />If the Board approves the request, staff recommend the following conditions: <br />1. The City Council must approve the essential services application (SP 25-08). <br />2. The applicant shall work with staff for an on-site review of the driveway location prior to beginning <br />construction activities. <br />3. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip setback that are not part <br />of the driveway or side slope shall not be maintained as yard areas (no mowing, planting, or landscaping) and <br />must be left to grow naturally. <br />4. The wetland delineation must be approved prior to commencement of any construction activities or the <br />issuance of permits. <br /> <br /> <br />Background/Discussion <br />The applicant, MMPA, has submitted a wetland setback variance application to support construction of an <br />access road providing access to a new natural gas facility along the Northern Natural Gas (NNG) pipeline. <br />This is part of a larger renewable natural gas project proposed at the Elk River Landfill that includes piping <br />natural gas harvested from the Elk River Landfill to the NNG pipeline for use as domestic natural gas. <br /> <br />The wetland setback variance will support the required access road improvements, which generally follow the <br />existing access road that had been used for agricultural purposes. Underground electric and natural gas <br />utilities will also be added along the proposed road corridor, but the underground utilities do not require a <br />variance. <br />Page 5 of 81