Laserfiche WebLink
Variance Request to the City of Elk River Section 2. Setback Variance Request <br />June 30, 2025 <br /> <br />3 <br /> <br /> <br />A variance may be granted by the board only if it finds that: <br /> <br />(1) The variance is in harmony with the general purpose and intent of the ordinance. <br /> <br />The proposed project is located within the Solid Waste Facility overlay zoning district. The <br />adjacent property to the north is also owned by ERL and used as part of the Landfill. Because <br />of the ownership and use of the northern adjacent property, the variance is in harmony with the <br />ordinance. <br /> <br /> <br />(2) The variance is consistent with the City of Elk River comprehensive plan. <br /> <br />The City of Elk River comprehensive plan designates the land of the proposed project for <br />Industrial use. The proposed LFG to RNG processing facility is consistent with the <br />comprehensive plan. <br /> <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties <br />in complying with the zoning ordinance. Practical difficulties means that: <br /> <br />(1) The petitioner proposes to use the property in a reasonable manner not permitted by <br />the zoning ordinance <br /> <br />The zoning ordinance requires a 20-foot side building setback from the property line. However, <br />the landfill is located on multiple parcels within the City of Elk River and Livonia Township, <br />including the property to the north. The proposed use is reasonable for a facility covering <br />multiple parcels. <br /> <br /> <br />(2) The plight of the petitioner is due to circumstances unique to the property not a <br />consequence of the petition's own action or inaction <br /> <br />The proposed project location was selected based on access to the landfill gas supply and the <br />existing landfill equipment. In addition, sufficient access around the facility was needed for <br />safety and routine operations and maintenance. Alternate locations were not feasible for the <br />project. <br /> <br /> <br />(3) The variance, if granted, will not alter the essential character of the locality. <br /> <br />The proposed project is within the landfill and land owned by ERL. The project will not alter <br />the essential character of the locality. <br /> <br /> <br /> <br /> <br /> <br />Page 15 of 97