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<br /> <br />Board of Adjustments Minutes <br />July 22, 2025 <br />--------- <br />Page 2 of 3 <br />Sam Meersman, representing MMPA, answered Commissioner Bland's question, stating that swales and <br />culverts would be able to direct water away from the road. <br /> <br />Commissioner Rydberg asked if the water shown on the map was intermittent or standing. Mr. <br />Meersman responded that it was intermittent except for extreme rain events. <br /> <br />Commissioner Rydberg asked if there were any comments from the neighbors, and staff indicated none <br />had been received to date. <br /> <br />Chair Beise closed the public hearing. <br /> <br />Moved by Commissioner Rydberg and seconded by Commissioner Bland to approve the <br />variance request from Minnesota Municipal Power Agency (MMPA) to allow a driveway <br />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 <br />consistent with the 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 <br />consequence of the petitioner's own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />and with 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 <br />beginning construction activities. <br />3. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip setback <br />that are not part of the driveway or side slope shall not be maintained as yard areas (no <br />mowing, planting, or landscaping) and must be left to grow naturally. <br />4. The wetland delineation must be approved prior to commencement of any construction <br />activities or the issuance of permits. Motion carried 6-0. <br /> <br /> 5.2 Variance: Zero-foot Setback - Elk River Landfill/Waste Management - 22460 Highway 169 <br /> Mr. Carlton presented the staff report. <br /> <br />Chair Beise opened the public hearing. There being no one to speak to this matter, Chair Beise closed <br />the public hearing. <br /> <br />Commissioner Rydberg asked if Sherburne County or Livonia Township had any input. Mr. Carlton is <br />not aware of any specific concerns from them at this time. Sherburne County will be meeting as the <br />Board of Adjustments to review the application. <br /> <br />Moved by Commissioner Booth and seconded by Commissioner Johnson to approve the <br />Variance request from the Elk River Landfill to allow a 0-foot property line setback, <br />supporting construction of a renewable natural gas processing facility, as the following <br />standards have been met: <br />1. The general purpose and intent of the ordinance are met.