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<br />is also working with Livonia Township/ Sherburne County for approval within their jurisdiction. Constructing <br />the facility across parcel lines and across jurisdiction lines requires a variance to reduce/eliminate the required <br />setbacks. The entirety of the improvements include buildings, fencing, parking, and equipment, but the only <br />improvements physically crossing the jurisdictional boundary are piping supports. <br /> <br />In addition to the variance application, Elk River Landfill has also submitted a Conditional Use Permit <br />application, which will be reviewed by the Planning Commission and City Council. Approval of the variance <br />will be a condition of approval for the CUP. <br /> <br />Applicable Regulations <br />City ordinances require a 20-foot setback for all structures within the zoning district. The proposed use will <br />be constructed across property lines, requiring a zero-foot property line setback. <br /> <br />Variance Requirements <br />The variance standards are outlined below. The applicant's responses are noted in italics. <br /> <br />A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The proposed project is located within the Solid Waste Facility overlay zoning district. The adjacent property to the <br />north is also owned by ERL and used as part of the landfill. Because of the ownership and use of the northern adjacent <br />property, the variance is in harmony with the ordinance. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The City of Elk River comprehensive plan designates the land of the proposed project for Industrial use. The proposed <br />landfill gas to renewable natural gas processing facility is consistent with the comprehensive plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with <br />the zoning ordinance. Practical difficulties mean that: <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />The zoning ordinance requires a 20-foot side building setback from the property line. However, the landfill is located on <br />multiple parcels within the City of Elk River and Livonia Township, including the property to the north. The proposed <br />use is reasonable for a facility covering multiple parcels. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the <br />petition's own action or inaction; and <br />The proposed project location was selected based on access to the landfill gas supply and the existing landfill <br />equipment. In addition, sufficient access around the facility was needed for safety and routine operations and <br />maintenance. Alternate locations were not feasible for the project. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />The proposed project is within the landfill and land owned by ERL. The project will not alter the essential character of <br />the locality. <br /> <br />If the Board of Adjustments denies the request, or an appeal is made by any interested party by August 1, <br />2025, the variance will be reviewed by the City Council on Monday, August 18, at 6:00 p.m. <br /> <br />Financial Impact <br />None <br /> <br />Page 56 of 81