CYL09-25

Request of SunVest Solar, LLC, with permission of the property owner, for an interim use permit to allow for an additional one-megawatt community solar garden in the Lime Township Rural Conservation zoning district, for a variance from Section 15.B.15.4.3 of Lime Township Solar ordinance to allow an additional one-megawatt community solar energy system in the Rural Conservation District on an existing tax parcel already approved  for a one-megawatt solar site without the informed written consent signed by the adjoining property owners agreeing to more than one Community Solar Energy System per tax parcel, and for a variance from Section 15.B.3 of the Lime Township Solar Ordinance to allow an increase in the Maximum Size and Capacity of a Community Solar Energy System from the code allowed maximum size from no greater than ten (10) acres in size to no greater than seventeen (17) acres in size and increase from one megawatt of production to two megawatts of production. The subject property is described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3rd Avenue; Blue Earth County PID R400429200017).

The anticipated date of Lime Town Board action is March 18, 2025. 

The applicant, Sunvest Solar LLC, with permission of the property owner John Bohrer.
 

Jacob Van Domelen, on behalf of Sunvest Solar LLC, with permission of the property owner has applied for an interim use permit to allow for an additional one-megawatt solar garden on approximately 8 acre site located at 23759 Third Avenue. Additionally, the applicant is requesting for a variance from Section 15.B.15.4.3 of Lime Township Solar ordinance to allow an additional one-megawatt community solar energy system use in the Rural Conservation district on an existing tax parcel that already approved for a one-megawatt solar site without the informed written consent signed by the adjoining property owners agreeing to more than one community Solar Energy System per tax parcel. Sunvest Solar is also requesting for a second variance from Section 15.B.3 of the Lime Township Solar Ordinance to allow an increase in the Maximum Size and Capacity of a Community Solar Energy System from the code allowed maximum size from no greater than ten (10) acres in size to no greater than seventeen (17) acres in size and increase from one megawatt of production to two megawatts of production.
 

The subject property is zoned Conservation and is legally described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3rd Avenue; Blue Earth County PID R400429200017).
 

The parcel is made of 84.22 acres and was previously used for agricultural purposes. On September 10th, 2024 a one-megawatt solar garden was approved by the Lime Township Board.
 

The property is located in Lime Township and is zoned Rural Conservation.
 

The site has been delineated for wetlands. Based on a wetland delineation that was completed in July 2023, there is one wetland located on site, in the northwest corner.

The Lime Township Ordinance can be found at this link: Lime Township Ordinances
 

The Site Plan and Traffic Advisory Committee reviewed the request at their February 11, 2025, meeting and provided the following comments:

1. A drainage narrative is provided and references another submittal item for a visual (Stormwater Management, Erosion and Sediment Control Plan). This appears to have some conflicting visuals compared to the Site Plan and appears to be missing some grading and design information. The MPCA calculation results for solar installations should also be provided. Peak flow results should be provided.
2. Applicant shall log on to the eportal and make notification payments if they have not already been paid

Sunvest Solar, with the property owner’s consent, is requesting an Interim Use Permit (IUP) to construct and operate an additional one-megawatt community solar garden within the Rural Conservation District of Lime Township. The subject property encompasses 84.22 acres, with the applicant proposing to utilize 8 acres for the solar facility. A previously approved IUP, granted in September 2024 to New Energy Equity, allows for the development of a separate one-megawatt community solar garden on 7.2 acres of this same parcel.

The proposed Sunvest Solar project does not conform to Section 15, Part B, Subpart 3 of the Lime Township Solar Ordinance, which restricts community solar energy systems to a maximum area of 10 acres and a production capacity of 1 megawatt per parcel. This proposal exceeds both the allowable area and production capacity. Consequently, the applicant is seeking a variance to expand the permissible size from 10 acres to 17 acres and the production capacity from 1 megawatt to 2 megawatts.

To obtain approval for additional community solar energy systems on an existing tax parcel, the applicant must secure written consent from all adjoining property owners. The applicant has obtained consent from four of the six adjoining property owners and is therefore requesting a variance from Section 15.B15.4.3 of the Lime Township Solar Ordinance to proceed without full consent.

Sunvest Solar has requested a 35-year IUP, including one year for construction. The project will consist of approximately 2,346 solar modules mounted on driven piles with an installation height of approximately 8 feet. The panels will be arranged in north-south rows, with connectivity points grouping them into functional units.

Blue Earth County has noted that the existing septic system on-site has been non-compliant since 2018. Compliance must be achieved before construction begins.
The applicant has not yet submitted a signage plan. Any future signage must comply with the Lime Township Solar Ordinance and other regulatory requirements.

The submitted site plans indicate that all lines between solar panels will be buried underground. However, the interconnection point includes above-ground lines, which does not comply with the ordinance requirement that all lines between the system and the interconnection point be underground (Section 15, Part B, Subpart 6).

The applicant has proposed placing a construction dumpster on-site during development, with materials to be recycled and disposed of per all applicable regulations. The site’s eventual decommissioning must comply with ordinance requirements, ensuring that panels, wiring, and mounting systems are resold or recycled rather than disposed of in landfills.

The interconnection agreement with Xcel Energy includes six on-site utility poles, exceeding the ordinance’s maximum of three (Section 15, Part B, Subpart 8).

The submitted plan outlines the complete dismantling of the site and restoration to a grass field. Estimated decommissioning costs total $143,513.24.

The applicant asserts compliance with state and local noise regulations. The provided fact sheet indicates a noise emission level of 59.2 dB(A), below the Minnesota Rule 7030 threshold of 65 dB(A) for 50% of the time.

If approved, the project must adhere to Lime Township Code standards, which mandate testing of electrical capacity and connections (Section 15, Part B, Subpart 11).

The photovoltaic panels are constructed from dark, light-absorbing materials that reflect minimal sunlight. A glare study found no significant impact, and given the site’s distance from an airport, an airport glare study is deemed unnecessary.

The submitted site plans comply with required setbacks of 50 feet for side and rear yards.

The solar array will be enclosed by an eight-foot-high knotted wire fence with an eight-inch ground clearance for wildlife corridors. The natural tree barrier and distance from adjacent properties negate the need for additional vegetative screening.

Sunvest Solar anticipates conducting monthly and quarterly inspections covering equipment functionality, vegetation management, and snow removal.

Prior to obtaining a building permit, the applicant will investigate and map any drain tiles on-site. Any damaged tile lines discovered during construction will be repaired immediately.

The proposed solar site will share an access point with New Energy Equity via 3rd Avenue, crossing a railroad track. The applicant must coordinate with Union Pacific for a private road crossing agreement.

No tree clearing is planned. A pollinator habitat assessment has been submitted, and if approved, the applicant must provide a cost estimate and a corresponding vegetative bond as required by ordinance.
If approved, the applicant must pay a $1,000 inspection fee to the Township every five years to cover monitoring and enforcement costs.

A wetland delineation and Natural Heritage Review indicate that the project will not impact wetlands. The applicant must implement measures to minimize disturbances to state-listed species.

Xcel Energy has been notified of the permit request through the standard process.

The applicant requests a variance from Section 15.4.3 due to the lack of full consent from adjoining property owners. The Township Board must determine whether the request meets the necessary variance criteria, which include consistency with the ordinance’s intent, alignment with the comprehensive plan, demonstration of practical difficulties, and conformity with zoning regulations.

The existing IUP allows for a one-megawatt solar garden on 7.2 acres. The applicant now seeks to expand the project to two megawatts over 17 acres, which exceeds the ordinance’s 10-acre, one-megawatt limit. The ordinance prohibits use variances (Minn. Stat. § 462.357, subd. 6), and increasing coverage would alter the rural conservation district’s character. Given that other approved projects conform to the 10-acre/1-megawatt standard, there is no unique hardship justifying an exception.

As the proposed variance does not align with the ordinance’s intent and exceeds permitted size and capacity limits, denial of the variance request is recommended.



 

Interim Use Permit
Staff respectfully submits the following findings of fact for the proposed Interim Use Permit:
1.  Use. - The proposed community solar use is listed as an interim use in the Rural Conservation District, which is the zoning designation for Parcel Identification Number R400429200017.
2.  Prohibitions.  - The property is not located in shoreland, floodplain, or habitat areas. The site does contain wetlands, but a wetland delineation was conducted, and the project will not impact wetlands. The site is outside of any areas identified as flight zones.
3.  Maximum Size and Capacity.  - The proposed additional community solar facility is a 1-megawatt facility creating a total of 2 megawatts onsite. The proposed solar site encompasses approximately 8 acres and with the previously approved 7.2 solar site making it a 15.2-acre coverage. Thus, exceeding the maximum capacity and size of the Lime Township Solar Ordinance.
4.  Standards for Community Solar Energy Systems. - The site has access via 238^th Street off of 3^rd Avenue. The applicant uses piles as the foundation.  The report documents the use of steel and concrete piles. The applicant conforms to the impervious standards of Lime Township. 
5.  Signage.  - The applicant has not submitted plans for signage.
6.  Power and Communication Lines. - The applicant has an interconnection agreement with Xcel Energy.
7.  Waste Disposal.  - The applicant will be providing dumpster and portable waste facilities during construction for contractors and employees.
8.  Interconnection.  - The applicant has an interconnection agreement with Xcel Energy.
9.  Decommissioning Plan.  - The applicant has submitted a decommissioning plan. The plan addresses costs for decommissioning totaling $143,513.24. If approved, the application will be required to submit a cash escrow or irrevocable letter of credit for the amount of approximately $181,891.55. 
10.  Noise.  - The applicant will conform to the noise standards. If approved, a condition should include the submission of a noise study for confirmation that the proposed development conforms to Minnesota Rule 7030. Suspected violations will be forwarded to the MPCA for enforcement.
11.  Electrical Codes and Standards.  – If approved, the applicant will be required work with the State of Minnesota on the enforcement and/or compliance with the electrical code.
12.  Minnesota State Building Code.  - If approved, the applicant will be required to submit documentation of this with the land development permit.
13.  Maximum Height.  -  The proposed module conforms Lime Township ordinance standards and will be 8 feet in height.
14.  Glare.  - The applicant conducted a glare study. The assessment passed the Forge Solar FAA policy adherence.
15.  Setbacks.  - The site conforms to the rear, side yard, and principal dwelling setback requirements.
16.  Security Fencing.  - The proposal will have an 8-foot security fence surrounding the solar site.
17.  Screening.  - The applicant is not proposing a vegetative screening due to the natural barrier of trees located on the property. Code provides that the Board may consider this “type and location of the required screening” (Section 15 part B subpart 17).
18.  Inspections and Reports.  - The applicant will prepare the information for the boards and allow for inspections.
19.  Tile Lines. – Tiles lines have not been identified on the land development site.
20.  Roads.  - The applicant will be accessing the site via 3^rd Avenue onto 238^th Street. If approved, the applicant will need to work with Union Pacific for a private road agreement.
21.  Vegetation Requirements & Management.  – The trees on the site will not be cleared. The proposal indicates that a DNR approved pollinator seed mix will be used for the site.
22.  Inspection Fees.  - Inspection fees will be paid to the Lime Township Board per the standards in the ordinance.
23.  Natural Heritage Information System Review.  - The applicant has submitted a review of the cultural features of the site.
24.  Utility Notification.  - The utility company was notified with the standard notification process for the interim use permit.

Variance
Staff respectfully submits the following findings of fact for the proposed Written Consent variance:

1. The proposed variance is not in harmony with the general purposes and intent of the ordinance. In order for the Township to provide orderly development while protecting the character and preserving uses within areas of Township, all applicant shall conform to the ordinances listed within their zoning districts. The applicant does not conform due to the lack of signed consent letters for the additional solar site.
2. The proposed variance is not consistent with the comprehensive plan. The request does not conform to Lime Township Zoning Ordinance. The Lime Township has adopted a Lime Township Zoning Ordinance for Solar Sites, Section 15B 15.4.3 states informed written consent must be signed by adjoining property owners. The applicant is missing two of the needed letters in order to remain compliant with code.
3. There are no known practical difficulties in complying with this ordinance.
   1. The applicant proposes to use the property in a reasonable manner however they do not conform to the rural conservation district requirement of obtaining consent letters of the adjoining properties.
   2. The plight of the applicant is not unique to the property meaning there is not anything physically unique about the particular piece of property to approve the requested variance.
   3. The variance, if granted, would alter the essential character of the locality because of the required signatures needed in order to comply with Ordinance 15.B15.4.3.
   4. Economic consideration alone does not constitute practical difficulties
4. The variance, if approved, would be allowing for a use that is not permitted within the rural conservation district in which the property is located.

Staff respectfully submits the following findings of fact for the proposed Size and Capacity variance:

1. The proposed variance is not in harmony with the general purposes and intent of the ordinance. In order for the Township to provide orderly development while protecting the character and preserving uses within areas of Township, all applicant shall conform to the ordinances listed within their zoning districts. The applicant would surpass the maximum capacity (1 megawatt) and size (10 acres) in order to remain compliant with section 15.B3.
2. The proposed variance is not consistent with the comprehensive plan. The Lime Township Board has adopted a Lime Township Zoning Ordinance that states no more than one community solar energy system co-location of systems shall have a maximum area no greater than ten (10) acres in size or 1 megawatt of production. The applicant’s proposal exceeds both.
3. There are no known practical difficulties in complying with this ordinance.
   1. The applicant proposes to use the property in a reasonable manner that is consistent with the surrounding areas, however the applicant would not conform to the size and capacity ordinance listed with the solar ordinance.
   2. The plight of the applicant is not unique to the property meaning there is not anything physically unique about the particular piece of property to approve the requested variance.
   3. The variance, if granted, would alter the essential character of the locality, given that there are not co-locations within the area that exceeds the required size and capacity of a solar site.
   4. Economic consideration alone does not constitute practical difficulties
4. The variance, if approved, would be allowing for a use that is not permitted within the rural conservation district in which the property is located.

 

Interim Use Permit

Staff recommends denial of the Interim Use Permit to allow for an additional one-megawatt solar garden facility in the Rural Conservation District within Lime Township.

Variance

Staff recommends denial of the written consent and size and capacity variances.