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Board of Adjustments Packet - July 22, 2025 Board of Adjustments Regular Meeting Agenda Tuesday, July 22, 2025 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSIDER MINUTES 4.1 Draft Minutes - June 24, 2025 5. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 5.1 Variance: Wetland Setback, Minnesota Municipal Power Agency - PID #75-00102-2000 5.2 Variance: Zero-foot Setback - Elk River Landfill/Waste Management - 22460 Highway 169 6. MOTION TO ADJOURN REGULAR MEETING Page 1 of 81 Meeting of the Board of Adjustments Held at the Elk River City Hall Tuesday, June 24, 2025 Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg, Commissioner Dennis Booth, Commissioner James Zahler, Commissioner Anthony Kaba, Commissioner Dornan Bland Members Absent:None Staff Present:Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green 1.CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:30 p.m. 2.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3.CONSIDER AGENDA Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the agenda. Motion carried 7-0 4.CONSIDER MINUTES Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the following draft minutes as outlined in the packet. Motion carried 7-0. 4.1 Draft Minutes from May 27, 2025 5.PUBLIC HEARINGS 5.1 Variance: Wetland Setback for Driveway, David Held - 20189 Meadowvale Rd NW Mr. Carlton presented the staff report. Commissioner Rydberg asked if the proposed driveway to the east lot is currently dividing the wetland or is there a culvert under it. Mr. Carlton felt there would need to be a culvert to keep the hydrologic connection and water flow active but will check with environmental staff. Page 2 of 81 Board of Adjustments Minutes June 24, 2025 --------- Page 2 of 3 Chair Beise opened the public hearing. There being no one to speak, Chair Beise closed the public hearing. Moved by Commissioner Booth and seconded by Commissioner Rydberg to approve the Variance request for David Held to allow a driveway to encroach up to 1-foot from a delineated wetland, and into the wetland setback ordinance, for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of Residential and the use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following conditions: 1. The plat of Meadow Hills must be approved by the City Council and recorded with Sherburne County. 3. The applicant shall work with staff for an on-site review of the driveway location prior to beginning construction activities. 4. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip setback that are not part of the driveway or side slope shall not be maintained as yard areas (no mowing, planting, or landscaping) and must be left to grow naturally. 5. All conditions and best practices outlined by the Wetland Conservation Act via the Technical Evaluation Panel decision shall be satisfied. Motion Carried 7-0. 5.2 Variance: Zero Lot Line Setback, Todd Bialon with Jarvis LLC - 9672 163rd Ave. NW Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. There being no one present to speak, Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Rydberg to approve the parking lot east side yard setback variance of 10-feet for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of General Industrial and the use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is otherwise permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner’s own action or inaction. 5. The variance will not alter the essential character of the locality. And with the following conditions: 1. Conditional Use Permit (CU 25-06) shall be approved and recorded. Page 3 of 81 Board of Adjustments Minutes June 24, 2025 --------- Page 3 of 3 2. If the applicant wishes to construct the fence on the property line, written permission from the adjacent property owner to the east shall be obtained and provided to the city. Motion Carried 7-0. 6.MOTION TO ADJOURN REGULAR MEETING Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the meeting. Motion carried 7-0. The meeting adjourned at 6:42 p.m. Minutes prepared by Jennifer Green. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk Page 4 of 81 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.1 Meeting Date July 22, 2025 Prepared By Zack Carlton, Community Development Director Item Description Variance: Wetland Setback, Minnesota Municipal Power Agency - PID #75-00102-2000 Reviewed by Chris Leeseberg Action Requested Approve, by motion, the variance request from Minnesota Municipal Power Agency (MMPA) to allow a driveway and associated grading to encroach into the required wetland setbacks up to 1-foot from a delineated wetland, as the following standards have been met: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use guidance of Residential, and the proposed utility use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommend the following conditions: 1. The City Council must approve the essential services application (SP 25-08). 2. The applicant shall work with staff for an on-site review of the driveway location prior to beginning construction activities. 3. All areas within the 25-foot wetland buffer strip and 20-foot wetland buffer strip setback that are not part of the driveway or side slope shall not be maintained as yard areas (no mowing, planting, or landscaping) and must be left to grow naturally. 4. The wetland delineation must be approved prior to commencement of any construction activities or the issuance of permits. Background/Discussion The applicant, MMPA, has submitted a wetland setback variance application to support construction of an access road providing access to a new natural gas facility along the Northern Natural Gas (NNG) pipeline. This is part of a larger renewable natural gas project proposed at the Elk River Landfill that includes piping natural gas harvested from the Elk River Landfill to the NNG pipeline for use as domestic natural gas. The wetland setback variance will support the required access road improvements, which generally follow the existing access road that had been used for agricultural purposes. Underground electric and natural gas utilities will also be added along the proposed road corridor, but the underground utilities do not require a variance. Page 5 of 81 The applicant is currently working with the city on the wetland delineation for the site and final approval of the delineation is a condition of approval. Applicable Regulations The city ordinance identifies two wetland buffers (shown in the image below): first, a 25-foot no-mow/ maintenance buffer, which prohibits alterations to the established vegetation, (red) and second, an additional 20-foot buffer prohibiting structures (orange). The proposed driveway extends 24 feet into the wetland setback and wetland buffer area. Section 30-1852 regulates wetland setbacks. Staff have no concerns about issuing a variance for the driveways as the location results in the least impact on wetlands due to local and county regulations. Variance Requirements The variance standards are outlined below. The applicant's responses are noted in italics. A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The purpose and intent of the ordinance is the protection of wetlands to maximum extent possible while allowing a reasonable use of the property. The proposed access road provides access to the east side of the site. Other wetlands and topography on the site prevent a reasonable routing alternative. The routing is also consistent with historical use of the property. The requested variances allow for access to the east side of the site and are in harmony with the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The City of Elk River Comprehensive Plan designates the future land use of the site as Business Park. The proposed access road and location of the utility equipment enables future development of the land consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The zoning ordinance requires a 25-foot wetland buffer strip and a 20-foot wetland buffer strip setback. A reasonable routing alternative is not available, and wetlands are present on both sides of the proposed access road. The requested variances are reasonable. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and The requested variances are in locations where wetlands are present on both sides and prevent a complete avoidance of the wetland buffer strip and setback. The requested variances are because of circumstances unique to the property. 5. The variance, if granted, will not alter the essential character of the locality. Page 6 of 81 The proposed access road is routed on an existing farming road which provides access to the east side of the site. The requested variances will not alter the essential character of the locality. If the Board of Adjustments denies the request, or an appeal is made by any interested party by August 1, 2025, the variance will be reviewed by the City Council on Monday, August 18, at 6:00 p.m. Financial Impact None Mission/Policy/Goal Meet changing needs - agile. Attachments 1. Location Map 2. Overall Site Plan 3. Applicant's Narrative and Plans 4. 5.1 MMPA Wetland Variance Page 7 of 81 Page 8 of 81 FILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67FILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98XXParcel ID75-00103-1105Parcel ID75-00103-1400Parcel ID75-00102-3201Parcel ID30-00035-3400Parcel ID75-00102-2000 Parcel ID30-00034-4405Tangent68.1Tangent44.369.733134.2Parcel ID75-00102-2000Parcel ID75-00103-1400Parcel ID30-00035-3400EX YARD HYDXXXXX X X XXXXXXXXXXXX X X X X X W WXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWSOEMOHLOHLOHLOHLOHLOHLOHLGGGGGGGGGGGGGGGGGGUEWET42TTX X XXXXXXXXXXXXXXXX X X XXXXXXXXXXXXXXXWETWETWETGGGGGTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C3-SITE-OADATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C3-SITE-OA.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C3-10 OVERALL SITE AND UTILITY PLAN ---- ---- C3-10ELK RIVER MINNESOTAOVERALL SITE ANDUTILITY PLAN0SCALE IN FEET150 300LHHLHHBMPPage 9 of 81 SETBACK VARIANCE REQUEST TO THE CITY OF ELK RIVER FOR ACCESS ROAD AND UTILITY EQUIPMENT June 30, 2025 Page 10 of 81 Variance Request to the City of Elk River Table of Contents June 30, 2025 Table of Contents Section 1. Introduction Page 1 Section 1.1 MMPA Background Page 1 Section 2. Setback Variance Request Page 2 Section 2.1 Project Narrative Page 2 Section 2.2 Variance Request Page 2 Attachment A. Legal Description Page A-1 Attachment B. Access Road Plans Page B-1 Page 11 of 81 Variance Request to the City of Elk River Section 1. Introduction June 30, 2025 1 Section 1. Introduction Section 1.1 MMPA Background The Minnesota Municipal Power Agency (MMPA or Agency) is a municipal power agency and political subdivision of the State of Minnesota engaged in the generation and transmission of electrical power and energy to twelve municipally owned member utilities. MMPA currently serves the Minnesota municipal utilities in Anoka, Arlington, Brownton, Buffalo, Chaska, East Grand Forks, Elk River, Le Sueur, North St. Paul, Olivia, Shakopee, and Winthrop. The member communities, including the City of Elk River, in turn deliver and sell the electricity to residential and business customers in their communities. MMPA’s mission is to provide reliable, competitively priced power to its members and to create value for both the Agency and its members. MMPA’s power supply portfolio is a mix of owned generation and power purchase agreements and a combination of conventional and renewable resources. MMPA completed a renewable natural gas (RNG) project in Le Sueur, MN and plans to add further RNG projects to its portfolio. This proposed project includes an access road and utility equipment associated with an RNG project located at the Elk River Landfill. Page 12 of 81 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 2 Section 2. Setback Variance Request Section 2.1 Project Narrative The proposed project is an access road and utility equipment for an underground natural gas interconnection to the Northern Natural Gas (NNG) pipeline located on the eastern side of the property. The utility equipment supports the MMPA renewable natural gas project proposed at the Elk River Landfill. The proposed gravel access road is approximately 3,300 feet in length and 20 feet wide. Underground electric and natural gas utilities are proposed along the length of the access road. The utility equipment includes three equipment enclosures and two fenced equipment yards. The proposed utility equipment includes a compressor, natural gas instrumentation, measurement and metering equipment, electrical equipment, and underground piping. Section 2.2 Variance Request MMPA owns the proposed project property in the City of Elk River. The legal description of the property is shown in Attachment A. MMPA requests a variance for a wetland buffer strip setback encroachment at two (2) locations and a wetland buffer strip encroachment at one (1) location as shown in Attachment B – see drawings C3-20 and C3-21. MMPA will maintain 25-foot wetland buffer strip and comply with the additional 20-foot wetland buffer strip setback in all other locations along the access road. No impacts to wetlands are proposed. The following information is provided as required by the City of Elk River ordinance Section 30-365. A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. The purpose and intent of the ordinance is the protection of wetlands to maximum extent possible while allowing a reasonable use of the property. The proposed access road provides access to the east side of the site. Other wetlands and topography on the site prevent a reasonable routing alternative. The routing is also consistent with historical use of the property. The requested variances allow for access to the east side of the site and are in harmony with the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. The City of Elk River Comprehensive Plan designates the future land use of the site as Business Park. The proposed access road and location of the utility equipment enables future development of the land consistent with the Comprehensive Plan. Page 13 of 81 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 3 Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance The zoning ordinance requires a 25-foot wetland buffer strip and a 20-foot wetland buffer strip setback. A reasonable routing alternative is not available, and wetlands are present on both sides of the proposed access road. The requested variances are reasonable. (2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction The requested variances are in locations where wetlands are present on both sides and prevent a complete avoidance of the wetland buffer strip and setback. The requested variances are because of circumstances unique to the property. (3) The variance, if granted, will not alter the essential character of the locality. The proposed access road is routed on an existing farming road which provides access to the east side of the site. The requested variances will not alter the essential character of the locality. Page 14 of 81 Variance Request to the City of Elk River Attachment A. Legal Description June 30, 2025 A-1 Attachment A. Legal Description Parcel ID 75-00102-2000 Sec-Twp-Rng Sec.2 T33N R26W Legal Description NW 1-4 & NE 1-4 OF SW 1-4 Map of Parcel Page 15 of 81 Variance Request to the City of Elk River Attachment B. Access Road Plans June 30, 2025 B-1 Attachment B. Access Road Plans See access road drawing set. Page 16 of 81 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.LIC. NO.DATE06/27/2532893-C0-GENERALDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C0-GENERAL.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR.ELK RIVER EAST SITEELK RIVER, MINNESOTA MMPAISG PROJECT # 25-32893MMPA OVERALLPROPERTYB.M. ELEVATION=XXXX.XXSPECIFICATIONS REFERENCEALL CONSTRUCTION SHALL COMPLY WITH THE CITY OF ELK RIVERREQUIREMENTS AND MnDOT STANDARD SPECIFICATIONS FORCONSTRUCTION, 2020 EDITION, THE STANDARD SPECIFICATIONS FORSANITARY SEWER, STORM DRAIN AND WATERMAIN AS PROPOSED BY THECITY ENGINEERS ASSOCIATION OF MINNESOTA, 2023 EDITION, AND THECURRENT VERSION OF THE MINNESOTA STATE PLUMBING CODE UNLESSDIRECTED OTHERWISE.PROJECT DATUMHORIZONTAL COORDINATES HAVE BEEN REFERENCED TO THE NORTHAMERICAN DATUM OF 1983 (NAD83), 1996 ADJUSTMENT (NAD83(1996)) ONTHE SHERBURNE COUNTY COORDINATE SYSTEM, IN U.S. SURVEY FEET.ELEVATIONS HAVE BEEN REFERENCED TO THE NORTH AMERICANVERTICAL DATUM OF 1988 (NAVD 88).RTK GPS METHODS WERE USED TO ESTABLISH HORIZONTAL AND VERTICALCOORDINATES FOR THIS PROJECT.TOPOGRAPHIC SURVEYTHIS PROJECT'S TOPOGRAPHIC SURVEY CONSISTSOF DATA COLLECTED IN JUNE 2025 BY ISG.PROJECT GENERAL NOTESLOCATION MAP1. ALL WORK SHALL CONFORM TO THE CONTRACTDOCUMENTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO,THE OWNER - CONTRACTOR AGREEMENT, THE PROJECTMANUAL (WHICH INCLUDES GENERAL SUPPLEMENTARYCONDITIONS AND SPECIFICATIONS), DRAWINGS OF ALLDISCIPLINES AND ALL ADDENDA, MODIFICATIONS, ANDCLARIFICATIONS ISSUED BY ARCHITECT/ENGINEER.2. CONTRACT DOCUMENTS SHALL BE ISSUED TO ALLSUBCONTRACTORS BY THE GENERAL CONTRACTOR INCOMPLETE SETS IN ORDER TO ACHIEVE THE FULL EXTENTAND COMPLETE COORDINATION OF ALL WORK.3. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALEDDIMENSIONS. NOTIFY ARCHITECT/ENGINEER OF ANYDISCREPANCIES OR CONDITIONS REQUIRING INFORMATIONOR CLARIFICATION BEFORE PROCEEDING WITH THE WORK.4. FIELD VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS.NOTIFY ARCHITECT/ENGINEER OF ANY DISCREPANCIES ORCONDITIONS REQUIRING INFORMATION OR CLARIFICATIONBEFORE PROCEEDING WITH THE WORK.5. DETAILS SHOWN ARE INTENDED TO BE INDICATIVE OF THEPROFILES AND TYPE OF DETAILING REQUIREDTHROUGHOUT THE WORK. DETAILS NOT SHOWN ARESIMILAR IN CHARACTER TO DETAILS SHOWN. WHERESPECIFIC DIMENSIONS, DETAILS, OR DESIGN INTENTCANNOT BE DETERMINED, NOTIFY ARCHITECT/ENGINEERBEFORE PROCEEDING WITH THE WORK.6. ALL MANUFACTURED ARTICLES, MATERIALS, ANDEQUIPMENT SHALL BE APPLIED, INSTALLED, CONNECTED,ERECTED, CLEANED, AND CONDITIONED ACCORDING TOMANUFACTURERS' INSTRUCTIONS. IN CASE OFDISCREPANCIES BETWEEN MANUFACTURERS'INSTRUCTIONS AND THE CONTRACT DOCUMENTS, NOTIFYARCHITECT/ENGINEER BEFORE PROCEEDING WITH THEWORK.7. ALL DISSIMILAR METALS SHALL BE EFFECTIVELY ISOLATEDFROM EACH OTHER TO AVOID GALVANIC CORROSION.8. THE LOCATION AND TYPE OF ALL EXISTING UTILITIESSHOWN ON THE PLANS ARE FOR GENERAL INFORMATIONONLY AND ARE ACCURATE AND COMPLETE TO THE BESTOF THE KNOWLEDGE OF I & S GROUP, INC. (ISG). NOWARRANTY OR GUARANTEE IS IMPLIED. THE CONTRACTORSHALL VERIFY THE SIZES, LOCATIONS, AND ELEVATIONS OFALL EXISTING UTILITIES PRIOR TO CONSTRUCTION.CONTRACTOR SHALL IMMEDIATELY NOTIFY ENGINEER OFANY DISCREPANCIES OR VARIATIONS FROM PLAN.9. THE CONTRACTOR IS TO CONTACT "GOPHER STATE ONECALL" FOR UTILITY LOCATIONS A MINIMUM OF 2 BUSINESSDAYS PRIOR TO ANY EXCAVATION / CONSTRUCTION(1-800-252-1166).NSWE ---/--/--25-32893C0-10 TITLE ---- ---- C0-10C0-10TITLELHHLHHBMPSHEET INDEXPROJECT CONTACTSPROJECT INDEX:OWNER:MINNESOTA MUNICIPAL POWER AGENCY220 SOUTH 6TH STREET, SUITE 1300MINNEAPOLIS, MN 55402CONTACT: SAM MEERSMANEMAIL: SAM.MEERSMAN@AVANTENERGY.COMPROJECTADDRESS / LOCATION:MMPA OWNED LANDPARCEL ID: 75-00102-200SEC2, TWP 33N, RANGE 26WELK RIVER, MN115 EAST HICKORY STREETSUITE 300MANKATO, MN 56001PHONE: 507.387.6651MANKATO OFFICEMANAGING OFFICE:I & S GROUP, INC. (ISG)PROJECT AREAPARCEL ID: 75-00102-2000Page 17 of 81 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.LIC. NO.DATE06/27/2532893-C0-GENERALDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C0-GENERAL.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C0-11 LEGENDS AND NOTES ---- ---- C0-11ELK RIVER MINNESOTALEGENDS ANDNOTESLHHLHHBMPLINETYPE LEGENDEXISTINGPROPOSED>>>>>><IIII>IIGGOEOEUEUEUTUTUTVUTVOHLOHLUTLUTLFOFOWETWETWXXABBREVIATIONSSYMBOL LEGENDEXISTINGPROPOSEDEX STM MHEX CBEX CO>>>>>>>>EX SAN MHEX CO>>LSEX LIFT STATIONWSOEX POST INDICATOR VALVEWWEX MWEX YARD HYDEX HHEX ELEC MHEMACGMGGVSB-1MBEX SIGNALRRPage 18 of 81 GRAVEL ROAD SECTIONNTSAGGREGATE SURFACENTSHEAVY DUTYUTILITY CORRIDORNTSLIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C0-DETAILSDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C0-DETAILS.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C0-20 SITE DETAILS ---- ---- C0-20ELK RIVER MINNESOTASITE DETAILSLHHLHHBMPPage 19 of 81 RIPRAP OVERFLOWNTSISOMETRIC VIEWOVERFLOW SECTION A-AOVERFLOW SECTION B-BAABBXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXCHAIN-LINK FENCE W/ BARB WIRENTSLIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C0-DETAILSDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C0-DETAILS.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C0-21 SITE DETAILS ---- ---- C0-21ELK RIVER MINNESOTASITE DETAILSLHHLHHBMPPage 20 of 81 SILT FENCEINLET PROTECTIONNTSPROFILE VIEWPLAN VIEWNOTES:SEDIMENT CONTROL LOG STAKINGNTS11KEY NOTES:1SWALE/DITCHSEDIMENT CONTROL LOG STAKINGNTSCULVERT END CONTROLSEDIMENT CONTROL LOGNTSNOTES:LIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-SWPPP-DETAILSDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-SWPPP-DETAILS.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-20 SWPPP DETAILS ---- ---- C1-20ELK RIVER MINNESOTASWPPP DETAILSLHHLHHBMPPage 21 of 81 STAPLE DETAILTERMINAL ENDBLANKET SIDE EDGEBLANKET ROLL END OVERLAPBLANKET SIDE OVERLAPANCHOR TRENCHSTAPLESSTAPLEEVERY 12"FLOWDIRECTION12" STAGGERED1" MIN6" - 12"CENTER OFWATERWAY6" MINSTAPLEFLOWDIRECTION6" MIN4" STAGGERED1 ROW OFSTAPLES12" O.C.6"TAMP SOIL FIRMLY6"2 ROWSOF STAPLES12" O.C.STAGGERED2 ROWS OF STAPLES,STAGGERED 12" O.C.ALONG ROWSEAMSEAMROW OFSTAPLESCOLUMN OFSTAPLES4145322CENTER OFWATERWAY34521EROSION CONTROL BLANKET INSTALLATIONNTSKEY NOTES:12345NOTES:STAPLELIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-SWPPP-DETAILSDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-SWPPP-DETAILS.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-21 SWPPP DETAILS ---- ---- C1-21ELK RIVER MINNESOTASWPPP DETAILSLHHLHHBMPPage 22 of 81 Parcel ID75-00103-1105Tangent69.7XXXXXXXXXXXXXXXXX X X X X X X X X X X XXXXXX X XXXXXXXXXXXX X X X XXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X XXXXXXWET WSOEMOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOUEUEUESFSFLIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-EX-SWPPPDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-EX-SWPPP.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-30 PRE- CONSTRUCTION SWPPP ---- ---- C1-30ELK RIVER MINNESOTAPRE-CONSTRUCTIONSWPPP0SCALE IN FEET50 100LHHLHHBMPEROSION CONTROL LEGENDSYMBOL DESCRIPTIONSF101100Page 23 of 81 Parcel ID75-00102-2000XXXXXXXXXXX X X X X X XXXXXXXXXXXXXXXXXXXWET WETWETWETWETWETWETWETWETWETWETWETWETWETWET WET WET SF SFSFSF SF SFSFSF SFSFSF SF SFSFSFSF SFSFSFSFTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-EX-SWPPPDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-EX-SWPPP.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-31 PRE- CONSTRUCTION SWPPP ---- ---- C1-31ELK RIVER MINNESOTAPRE-CONSTRUCTIONSWPPPLHHLHHBMPLIC. NO.DATE06/27/25EROSION CONTROL LEGENDSYMBOL DESCRIPTIONSF1011000SCALE IN FEET50 100 Page 24 of 81 134.2Parcel ID75-00102-2000XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWETWETWETWETWETWETWETWETGGGGGGGGGGGGGGGGGGGSFSFSF SF SFSFSFSFSF SFSF SF SFSFSFSFSFSFSF SFTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-EX-SWPPPDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-EX-SWPPP.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-32 PRE- CONSTRUCTION SWPPP ---- ---- C1-32ELK RIVER MINNESOTAPRE-CONSTRUCTIONSWPPPLHHLHHBMPLIC. NO.DATE06/27/25EROSION CONTROL LEGENDSYMBOL DESCRIPTIONSF1011000SCALE IN FEET50 100 Page 25 of 81 Parcel ID75-00103-1105Tangent69.7XXXXXXXXXXXXXXXXX X X X X X X X X X X XXXXXX X XXXXXXXXXXXX X X X XXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X XXXXXXWET WSOEMOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOUEUEUEFILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98>>SFSFLIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-PRO-SWPPPDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-PRO-SWPPP.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-40 SWPPP ---- ---- C1-40ELK RIVER MINNESOTASWPPP0SCALE IN FEET50 100LHHLHHBMPEROSION CONTROL LEGENDSYMBOL DESCRIPTIONPCSF101100TURF RESTORATION LEGENDSYMBOLITEMNO.DESCRIPTION UNITSQUANTITYPage 26 of 81 Parcel ID75-00102-2000XXXXXXXXXXX X X X X X XXXXXXXXXXXXXXXXXXXWET WETWETWETWETWETWETWETWETWETWETWETWETWETWET WET WET FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67SF SFSFSF SF SFSFSF SFSFSF SF SFSFSFSF SFSFSFSFTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C1-PRO-SWPPPDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C1-PRO-SWPPP.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C1-41 SWPPP ---- ---- C1-41ELK RIVER MINNESOTASWPPP0SCALE IN FEET50 100LHHLHHBMPLIC. NO.DATE06/27/25EROSION CONTROL LEGENDSYMBOL DESCRIPTIONPCSF101100TURF RESTORATION LEGENDSYMBOLITEMNO.DESCRIPTION UNITSQUANTITYPage 27 of 81 134.2Parcel ID75-00102-2000XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWETWETWETWETWETWETWETWETGGGGGGGGGGGGGGGGGGGFILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87X XXXXXXXXXXXX X X>>SFSFSFSF SF SFSFSFSFSFSFSFSFSF SF SFSFSFSFSFSFSFSFTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. 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NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C2-EXISTDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C2-EXIST.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C2-20 EXISTING SITE AND REMOVAL PLAN ---- ---- C2-20ELK RIVER MINNESOTAEXISTING SITE ANDREMOVAL PLAN0SCALE IN FEET50 100LHHLHHBMPPage 30 of 81 Parcel ID75-00102-2000XXXXXXXXXXX X X X X X XXXXXXXXXXXXXXXXXXXWET WETWETWETWETWETWETWETWETWETWETWETWETWETWET WET WETTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C2-EXISTDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C2-EXIST.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C2-21 EXISTING SITE AND REMOVAL PLAN ---- ---- C2-21ELK RIVER MINNESOTAEXISTING SITE ANDREMOVAL PLAN0SCALE IN FEET50 100LHHLHHBMPLIC. NO.DATE06/27/25Page 31 of 81 134.2Parcel ID75-00102-2000XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWETWETWETWETWETWETWETWETGGGGGGGGGGGGGGGGGGGTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C2-EXISTDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C2-EXIST.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C2-22 EXISTING SITE AND REMOVAL PLAN ---- ---- C2-22ELK RIVER MINNESOTAEXISTING SITE ANDREMOVAL PLAN0SCALE IN FEET50 100LHHLHHBMPLIC. NO.DATE06/27/25Page 32 of 81 FILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67FILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98XXParcel ID75-00103-1105Parcel ID75-00103-1400Parcel ID75-00102-3201Parcel ID30-00035-3400Parcel ID75-00102-2000 Parcel ID30-00034-4405Tangent68.1Tangent44.369.733134.2Parcel ID75-00102-2000Parcel ID75-00103-1400Parcel ID30-00035-3400EX YARD HYDXXXXX X X XXXXXXXXXXXX X X X X X W WXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWSOEMOHLOHLOHLOHLOHLOHLOHLGGGGGGGGGGGGGGGGGGUEWET42TTX X XXXXXXXXXXXXXXXX X X XXXXXXXXXXXXXXXWETWETWETGGGGGTHIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C3-SITE-OADATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C3-SITE-OA.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C3-10 OVERALL SITE AND UTILITY PLAN ---- ---- C3-10ELK RIVER MINNESOTAOVERALL SITE ANDUTILITY PLAN0SCALE IN FEET150 300LHHLHHBMPPage 33 of 81 FILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98>>EX YARD HYDXXXXXXXXXXXXX XXXXXX X XXXXX XXXXXWET WETWETWETWETWETWETWSOWET 940 950 960 970 980 990 1000 940 950 960 970 980 990 10000+50981.11+00979.8979.921+50977.9979.102+00975.4978.282+50973.5977.463+00974.1976.643+50974.5975.824+00973.6975.004+50970.0974.185+00966.7973.365+50964.7972.966+00963.9974.176+50966.8976.637+00969.7979.167+50977.4981.698+00982.4983.468+50981.8982.609+00987.8979.829+50980.3976.9510+00972.7974.0810+50972.7971.2111+00971.2968.4311+50971.8966.6912+00973.9966.1612+50980.4965.90THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C3-SITEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C3-SITE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C3-20 PLAN AND PROFILE ---- ---- C3-20ELK RIVER MINNESOTAPLAN AND PROFILE0SCALE IN FEET50 100LHHLHHBMPPAVEMENT LEGENDSYMBOL DESCRIPTION Page 34 of 81 FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67X X X X XXXXXXXXXXXXXXXXWETWETWETWETW E T WETWETWETWETWETWETWETWETWETWETWETWET 930 940 950 960 970 980 990 930 940 950 960 970 980 99013+00978.6965.6413+50973.3965.3814+00968.1965.1114+50965.4964.8515+00965.5964.5915+50965.4964.3316+00965.5964.0716+50966.2963.8017+00964.0963.5417+50961.9963.2818+00963.4963.0218+50964.1962.7619+00963.0962.4919+50963.5962.4520+00965.1962.9420+50965.1963.7521+00964.2964.5721+50966.1965.3922+00969.2966.2122+50971.6967.0223+00970.6967.8323+50969.3968.0124+00968.5967.1624+50967.3965.9425+00965.3964.71THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C3-SITEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C3-SITE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C3-21 PLAN AND PROFILE ---- ---- C3-21ELK RIVER MINNESOTAPLAN AND PROFILE0SCALE IN FEET50 100LHHLHHBMPPAVEMENT LEGENDSYMBOL DESCRIPTION Page 35 of 81 1342FILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87X XXXXXXXXXXXX X X>>XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWETWETWETWETWETWETWETWETGGGGGGGGGGGGGFILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87 930 940 950 960 970 980 990 930 940 950 960 970 980 99020+50965.1963.7521+00964.2964.5721+50966.1965.3922+00969.2966.2122+50971.6967.0223+00970.6967.8323+50969.3968.0124+00968.5967.1624+50967.3965.9425+00965.3964.7125+50962.8963.4826+00961.4962.2626+50960.2961.0327+00958.4960.1827+50957.4960.0528+00960.1960.2428+50959.2960.4429+00956.5960.6429+50955.7960.8430+00957.9961.0430+50959.7961.2431+00958.9961.4431+50957.7961.6432+00956.9961.8432+50957.0962.04THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C3-SITEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C3-SITE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C3-22 PLAN AND PROFILE ---- ---- C3-22ELK RIVER MINNESOTAPLAN AND PROFILE0SCALE IN FEET50 100LHHLHHBMPPAVEMENT LEGENDSYMBOL DESCRIPTION Page 36 of 81 FILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98Parcel ID75-00103-1105Tangent69.7XXXXXXXXXXXXXXXXX X X X X X X X X X X XXXXXX X XXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X XXXXXWET WSOEMOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOHLOUEUEUE>>FILTRATION BASIN 1TOP OF POND = 970.98TOP OF MEDIA = 968.98OVERFLOW = 969.98LIC. NO.DATE06/27/25THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C4-GRADEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C4-GRADE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C4-10 GRADING PLAN ---- ---- C4-10ELK RIVER MINNESOTAGRADING PLAN0SCALE IN FEET50 100LHHLHHBMPGRADING LEGENDGENERAL GRADING NOTES101100Page 37 of 81 FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67Parcel ID75-00102-2000XXXXXXXXXXXXXXWET WETWETWETWETWETWETWETWETWETWETWETWETWETWET WET WET FILTRATION BASIN 2TOP OF POND = 961.67TOP OF MEDIA = 959.67OVERFLOW = 960.67THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C4-GRADEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C4-GRADE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C4-11 GRADING PLAN ---- ---- C4-11ELK RIVER MINNESOTAGRADING PLAN0SCALE IN FEET50 100LHHLHHBMPLIC. NO.DATE06/27/25GRADING LEGENDGENERAL GRADING NOTES101100Page 38 of 81 FILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87X XXXXXXXXXXXX X X134.2Parcel ID75-00102-2000XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWETWETWETWETWETWETWETWETWETWETWETWETWETWETGGGGGGGGGGGGGGGGGGG>>FILTRATION BASIN 3TOP OF POND = 959.87TOP OF MEDIA = 957.87OVERFLOW = 958.87THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,INC. AND MAY NOT BE USED, COPIED OR DUPLICATEDWITHOUT PRIOR WRITTEN CONSENT.© 2024 I & S GROUP, INC.32893-C4-GRADEDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTPROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYDWG LOCATION: S:\PROJECTS\32000 PROJ\32800-32899\32893 MMPA ELK RIVEREAST SITE-ELK RIVER MN\32893 PRODUCTION FILES\32893 CIVIL 3D\PRODUCTION DWGS\32893-C4-GRADE.DWG SAVED BY: LOGAN.HARMSSHEET NOT VALID UNLESS THIS TEXT IS COLOR. ---/--/--25-32893C4-12 GRADING PLAN ---- ---- C4-12ELK RIVER MINNESOTAGRADING PLAN0SCALE IN FEET50 100LHHLHHBMPLIC. NO.DATE06/27/25GRADING LEGENDGENERAL GRADING NOTES101100Page 39 of 81   )HHWOrthophoto (NAIP, 2023)Parcels (County, 2023)Zoning (County, 2024)PN: 25-32893Source:MMPAELK RIVEREAST SIDEZoning MapElk River,Sherburne County, MinnesotaJune 30, 2025k/HJHQG(DVW3URSHUW\%RXQGDU\3URMHFW6LWH)RRW5DGLXV3DUFHO=RQLQJ&ODVVLILFDWLRQ5D6LQJOH)DPLO\5HVLGHQWLDO&57&RPPHUFLDO5HVHUYH7UDQVLWLRQ5HVLGHQWLDO &RXQW\ 0(0LQHUDO([FDYDWLRQ2YHUOD\'LVWULFW(DVW3URSHUW\%RXQGDU\ Page 40 of 81 MMPAWetland Setback Variance Page 41 of 81 Page 42 of 81 Background §MMPA, in partnership with Waste Management, propose a renewable natural gas facility. §Recycles waste gas from landfill into usable product. §Current variance supports an access road for the connection point with Northern Natural Gas (NNG) §Last step in the process §Proposed route follows existing field road. §Wetland delineation shows the improvement will encroach into the wetland buffer and buffer setback. Page 43 of 81 Page 44 of 81 Page 45 of 81 Page 46 of 81 Page 47 of 81 Action Requested §Staff’s analysis finds that the variance meets the five criteria required for approval. §Approve the wetland setback variance with the 4 conditions noted in the memo. Page 48 of 81 City Council Meeting §If the BOA denies the request, or an appeal is made by any interested party by August 1, 2025, this item will go to the August 18, 2025, City Council Meeting. §The essential services application will be reviewed by the Council on this date as well. Page 49 of 81 Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance The purpose and intent of the ordinance is the protection of wetlands to maximum extent possible while allowing a reasonable use of the property. The proposed access road provides access to the east side of the site. Other wetlands and topography on the site prevent a reasonable routing alternative. The routing is also consistent with historical use of the property. The requested variances allow for access to the east side of the site and are in harmony with the ordinance. Page 50 of 81 Applicable Regulations 2. Is consistent with the City of Elk River Comprehensive Plan The City of Elk River Comprehensive Plan designates the future land use of the site as Business Park. The proposed access road and location of the utility equipment enables future development of the land consistent with the Comprehensive Plan. Page 51 of 81 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The zoning ordinance requires a 25-foot wetland buffer strip and a 20-foot wetland buffer strip setback. A reasonable routing alternative is not available, and wetlands are present on both sides of the proposed access road. The requested variances are reasonable. Page 52 of 81 Applicable Regulations 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. The requested variances are in locations where wetlands are present on both sides and prevent a complete avoidance of the wetland buffer strip and setback. The requested variances are because of circumstances unique to the property. Page 53 of 81 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. The proposed access road is routed on an existing farming road which provides access to the east side of the site. The requested variances will not alter the essential character of the locality. Page 54 of 81 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.2 Meeting Date July 22, 2025 Prepared By Zack Carlton, Community Development Director Item Description Variance: Zero-foot Setback - Elk River Landfill/Waste Management - 22460 Highway 169 Reviewed by Chris Leeseberg Action Requested Approve, by motion, the Variance request from the Elk River Landfill to allow a 0-foot property line setback, supporting construction of a renewable natural gas processing facility, as the following standards have been met: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use guidance of Industrial and the proposed use is consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petitioner's own action or inaction. 5. The variance will not alter the essential character of the locality. If the Board approves the request, staff recommend the following conditions: 1. The City Council must approve the Conditional Use Permit for the renewable natural gas facility (CU 25- 08). 2. Sherburne County/Livonia Township must approve all land use applications associated with the proposed use. 3. The applicant shall work with staff for an on-site review of the facility location prior to beginning construction activities. Background/Discussion The Elk River Landfill (ERL) and Minnesota Municipal Power Association (MMPA) are proposing the development of a renewable natural gas facility that will recycle waste landfill gas into a fuel source for domestic uses. The landfill gas will be processed to remove water vapor, carbon dioxide, nitrogen, oxygen, and other impurities. The processed gas will then be transported underground to a sister facility that will add the gas to an existing Northern Natural Gas line. Elk River Landfill operates on numerous parcels within the City of Elk River and Livonia Township. In siting the facility, the landfill had to take many factors into account, and the best location ultimately ended up crossing jurisdictional boundaries. The Board of Adjustments is only reviewing the improvements located within their jurisdiction. The applicant Page 55 of 81 is also working with Livonia Township/ Sherburne County for approval within their jurisdiction. Constructing the facility across parcel lines and across jurisdiction lines requires a variance to reduce/eliminate the required setbacks. The entirety of the improvements include buildings, fencing, parking, and equipment, but the only improvements physically crossing the jurisdictional boundary are piping supports. In addition to the variance application, Elk River Landfill has also submitted a Conditional Use Permit application, which will be reviewed by the Planning Commission and City Council. Approval of the variance will be a condition of approval for the CUP. Applicable Regulations City ordinances require a 20-foot setback for all structures within the zoning district. The proposed use will be constructed across property lines, requiring a zero-foot property line setback. Variance Requirements The variance standards are outlined below. The applicant's responses are noted in italics. A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The proposed project is located within the Solid Waste Facility overlay zoning district. The adjacent property to the north is also owned by ERL and used as part of the landfill. Because of the ownership and use of the northern adjacent property, the variance is in harmony with the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The City of Elk River comprehensive plan designates the land of the proposed project for Industrial use. The proposed landfill gas to renewable natural gas processing facility is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The zoning ordinance requires a 20-foot side building setback from the property line. However, the landfill is located on multiple parcels within the City of Elk River and Livonia Township, including the property to the north. The proposed use is reasonable for a facility covering multiple parcels. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and The proposed project location was selected based on access to the landfill gas supply and the existing landfill equipment. In addition, sufficient access around the facility was needed for safety and routine operations and maintenance. Alternate locations were not feasible for the project. 5. The variance, if granted, will not alter the essential character of the locality. The proposed project is within the landfill and land owned by ERL. The project will not alter the essential character of the locality. If the Board of Adjustments denies the request, or an appeal is made by any interested party by August 1, 2025, the variance will be reviewed by the City Council on Monday, August 18, at 6:00 p.m. Financial Impact None Page 56 of 81 Mission/Policy/Goal Meet changing needs - agile. Together we win. Attachments 1. Location Map 2. Site Plan 3. Applicant's Narrative and Plans 4. 5.2 Landfill Setback Variance Page 57 of 81 Page 58 of 81 VARIANCE REQUESTPage 59 of 81 SETBACK VARIANCE REQUEST TO THE CITY OF ELK RIVER FOR ELK RIVER LANDFILL RENEWABLE NATURAL GAS PROJECT June 30, 2025 Page 60 of 81 Variance Request to the City of Elk River Table of Contents June 30, 2025 Table of Contents Section 1. Introduction Page 1 Section 1.1 Waste Management Background Page 1 Section 1.2 MMPA Background Page 1 Section 1.3 Proposed Project Summary Page 1 Section 2. Setback Variance Request Page 2 Section 2.1 Project Narrative Page 2 Section 2.2 Variance Request Page 2 Attachment A. Legal Description Page A-1 Attachment B. Setback Plan Page B-1 Page 61 of 81 Variance Request to the City of Elk River Section 1. Introduction June 30, 2025 1 Section 1. Introduction Section 1.1 Waste Management Background Elk River Landfill, Inc. (ERL), a wholly owned subsidiary of Waste Management (WM) of Minnesota, Inc., owns and operates a mixed municipal solid waste (MSW) landfill (Landfill) under Minnesota Solid Waste Permit Number SW-74. The Landfill is located along U.S. TH 169 in the NW 1/4 of Section 3, T33N, R26W, and the SW 1/4 of Section 34, T34N, R26W, Sherburne County, Minnesota. The Landfill is permitted to accept MSW, construction and demolition debris, yard waste for composting, and industrial waste in accordance with a MPCA-approved Industrial Solid Waste Management Plan. ERL maintains a Solid Waste Facility (SWF) license and a conditional use permit in accordance with City of Elk River (the City) requirements. Section 1.2 MMPA Background The Minnesota Municipal Power Agency (MMPA or Agency) is a municipal power agency and political subdivision of the State of Minnesota engaged in the generation and transmission of electrical power and energy to twelve municipally owned member utilities. MMPA currently serves the Minnesota municipal utilities in Anoka, Arlington, Brownton, Buffalo, Chaska, East Grand Forks, Elk River, Le Sueur, North St. Paul, Olivia, Shakopee, and Winthrop. The member communities, including the City of Elk River, in turn deliver and sell the electricity to residential and business customers in their communities. MMPA’s mission is to provide reliable, competitively priced power to its members and to create value for both the Agency and its members. MMPA’s power supply portfolio is a mix of owned generation and power purchase agreements and a combination of conventional and renewable resources. MMPA completed a renewable natural gas project in Le Sueur, MN and plans to add further RNG projects to its portfolio, including this proposed project in Elk River. Section 1.3 Proposed Project Summary The proposed project is a landfill gas (LFG) to renewable natural gas (RNG) processing facility. ERL and MMPA executed a contract for MMPA to build, own, and operate the LFG to RNG facility at the Landfill. Under the agreement, ERL will deliver LFG to the MMPA plant for processing and cleanup. MMPA will deliver the RNG to the Northern Natural Gas (NNG) interstate pipeline. The LFG to RNG cleanup process includes the removal of water vapor, carbon dioxide, nitrogen, oxygen, and other impurities. The processed RNG will be delivered to the NNG pipeline. Process byproducts will be returned to the ERL for disposal under existing permits. Page 62 of 81 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 2 Section 2. Setback Variance Request Section 2.1 Project Narrative ERL and MMPA are proposing to develop a landfill gas (LFG) to renewable natural gas (RNG) processing facility located at the Elk River Landfill in Elk River, MN. The legal description of the property is provided in Attachment A. Landfill gas collected by ERL will be delivered to the RNG facility for processing and cleanup. The RNG facility will remove water vapor, carbon dioxide, nitrogen, oxygen, and other impurities. The processed RNG will be transported via an underground low-pressure pipeline to a location approximately two miles east of the property for delivery to the NNG interstate pipeline. Process byproducts will be returned to the ERL for disposal under existing permits. The RNG facility equipment will utilize membrane separation, pressure swing absorption, and media vessels to process and clean the gas. The RNG equipment will also utilize blowers and compressors to move the gas through the process. Cooling equipment will be used to cool oil and gas throughout the facility. The RNG facility will convert the existing LFG to a beneficial use as a renewable fuel. Once delivered to the interstate pipeline, RNG will be used by downstream customers such as homes, businesses, transportation, and power generation. Currently, LFG is combusted through ERL’s flare. The LFG to electricity generation plant at this site is no longer in operation. Section 2.2 Variance Request ERL owns and operates the Landfill on multiple parcels within the City of Elk River and Livonia Township in Sherburne County, including the adjacent property to the north. ERL and MMPA request a zero (0) foot setback variance from the north property boundary of the proposed project location. The proposed site layout, indicating equipment, buildings, accessways, fencing and property boundaries are included in Attachment B. The proposed project is located on parcels in both the City and County because of the location of the landfill gas supply and the need to have sufficient access around the facility. The proposed building is located within the city limits. The only facilities crossing the city boundary are piping supports. The following information is provided as required by the City of Elk River ordinance Section 30-365. Page 63 of 81 Variance Request to the City of Elk River Section 2. Setback Variance Request June 30, 2025 3 A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. The proposed project is located within the Solid Waste Facility overlay zoning district. The adjacent property to the north is also owned by ERL and used as part of the Landfill. Because of the ownership and use of the northern adjacent property, the variance is in harmony with the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. The City of Elk River comprehensive plan designates the land of the proposed project for Industrial use. The proposed LFG to RNG processing facility is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance The zoning ordinance requires a 20-foot side building setback from the property line. However, the landfill is located on multiple parcels within the City of Elk River and Livonia Township, including the property to the north. The proposed use is reasonable for a facility covering multiple parcels. (2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction The proposed project location was selected based on access to the landfill gas supply and the existing landfill equipment. In addition, sufficient access around the facility was needed for safety and routine operations and maintenance. Alternate locations were not feasible for the project. (3) The variance, if granted, will not alter the essential character of the locality. The proposed project is within the landfill and land owned by ERL. The project will not alter the essential character of the locality. Page 64 of 81 Variance Request to the City of Elk River Attachment A. Legal Description June 30, 2025 A-1 Attachment A. Legal Description Parcel ID 75-00103-2105 Sec-Twp-Rng Sec.3 T33N R26W Legal Description EAST 650 FT OF THE N 1/2 OF THE NW 1/4 LYING W OF US HWY 169. Map of Parcel Page 65 of 81 Variance Request to the City of Elk River Attachment B. Setback Plan June 30, 2025 B-1 Attachment B. Setback Plan See Drawing G-103. Page 66 of 81 VARIANCE REQUESTPage 67 of 81 Elk River Landfill/ Waste Management Property Setback Variance Page 68 of 81 Page 69 of 81 Background §MMPA, in partnership with Waste Management, propose a renewable natural gas facility (RNG). §Recycles waste gas from landfill into usable product. §Current variance supports construction of the RNG facility by allowing the building to be within the setback, and by allowing equipment to cross the property/jurisdictional boundary. §Support structures, piping, and conduit are only elements to cross the boundary line. §Limited options due to landfill operations, placement of the landfill gas supply, and access/circulation routes. §Applicant must receive approval from Sherburne County for all required land use applications. Page 70 of 81 Page 71 of 81 Page 72 of 81 Page 73 of 81 Page 74 of 81 Action Requested §Staff’s analysis finds that the variance meets the five criteria required for approval. §Approve the property line setback variance with the 3 conditions noted in the memo. Page 75 of 81 City Council Meeting §If the BOA denies the request, or an appeal is made by any interested party by August 1, 2025, this item will go to the August 18, 2025, City Council Meeting. Page 76 of 81 Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance The proposed project is located within the Solid Waste Facility overlay zoning district. The adjacent property to the north is also owned by ERL and used as part of the landfill. Because of the ownership and use of the northern adjacent property, the variance is in harmony with the ordinance. Page 77 of 81 Applicable Regulations 2. Is consistent with the City of Elk River Comprehensive Plan The City of Elk River comprehensive plan designates the land of the proposed project for Industrial use. The proposed landfill gas to renewable natural gas processing facility is consistent with the comprehensive plan. Page 78 of 81 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The zoning ordinance requires a 20-foot side building setback from the property line. However, the landfill is located on multiple parcels within the City of Elk River and Livonia Township, including the property to the north. The proposed use is reasonable for a facility covering multiple parcels. Page 79 of 81 Applicable Regulations 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. The proposed project location was selected based on access to the landfill gas supply and the existing landfill equipment. In addition, sufficient access around the facility was needed for safety and routine operations and maintenance. Alternate locations were not feasible for the project. Page 80 of 81 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. The proposed project is within the landfill and land owned by ERL. The project will not alter the essential character of the locality. Page 81 of 81