Sherburne County Board of Adjustment denies screening variance for Becker solar site

The Sherburne County Board of Adjustment on May 21 denied a variance request from Cedar Creek Energy that would have allowed existing deciduous trees along the west boundary of a proposed Becker solar farm to satisfy the county’s screening rule.

Roger Johnson, chairperson of the Sherburne County Board of Adjustment, opened the meeting and the board heard staff and public testimony on a variance to Section 16.2, Subdivision 21 C.9 of the Sherburne County Zoning Ordinance, which requires “vegetative screening such as coniferous trees a minimum of 6’ in height” or an alternative approved by the zoning administrator. Senior Planner Mitch Glines read the staff comments explaining that Cedar Creek Energy asked to use the existing, mostly deciduous, trees on the parcel’s west side in place of the required coniferous screening and noted that County Ditch #19 runs along that boundary; staff also said an Interim Use Permit condition would prevent disturbance within a 16.5-foot buffer measured from the ditch crown.

Alex Gast, representing Cedar Creek Energy, said the company sought to rely on the existing tree line and apologized for arriving late. Board members questioned whether the trees were located inside the solar fence (which gives the operator control) or outside it; several members said past approvals had required evergreen plantings inside the fenced area so the operator could maintain them. Resident Jamie Smith, who said she lives across the street from the site, told the board she opposed the variance and told the board she had seen dozens of trees removed and sold from the parcel over the prior two years, arguing it was improper to rely on neighboring vegetation for screening. “This is a tree farm. They have the trees for the screening and they should not be relying on other peoples property to screen something they most definitely have the capability of doing themselves,” Smith said.

After deliberation, Board member Bud Stimmler moved and Steve Demeules seconded a motion to deny the variance. The board read and adopted Findings of Fact concluding the request conflicted with the ordinance’s requirement for evergreens, did not present extraordinary circumstances unique to the property, and would not represent the minimum necessary variance. The motion carried unanimously; the minutes state “All in favor.”

The packet for the variance included an aerial photo, site plan, tree plan and site photo; the parcel was described in the record as the East 1/2 of the NW 1/4 (full legal on file), PID #45-00032-2100, Section 32, Township 35, Range 28, approximately 43.22 acres in Santiago Township. The minutes also note that the western property line abuts County Ditch #19 and that an IUP condition would prohibit disturbance of grass or vegetation within a 16.5-foot buffer measured from the ditch crown.

The hearing on the variance was limited to the screening requirement; the minutes indicate the board’s agenda included a separate item for the substantive Interim Use Permit for the solar farm itself. The meeting adjourned at 5:15 p.m.