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Board approves Midwest Tank impervious-surface variance, requires septic and stormwater upgrades
Summary
The Sherburne County Board of Adjustment approved a variance allowing Midwest Tank to expand industrial buildings in Big Lake despite shoreland impervious limits, conditioned on septic permits, building permits and an upgraded infiltration basin.
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Chairperson Roger Johnson read the variance request for Midwest Tank, noting the Shoreland Ordinance language that "impervious surfaces of lots must not exceed 25 percent of the lot area." The board voted to approve a variance that will allow two additions to existing buildings on property owned by L & E Properties, LLC at 17368 197th Ave NW in Big Lake.
Derek Anderson, representing Midwest Tank, described the project as two additions—about 20,820 square feet on the northern building and 6,000 square feet on the southern building—largely constructed over existing impervious surface. Planner Kailee Vik told the board staff reviewed aerials, building and civil plans and a septic design; the northern septic was evaluated June 4, 2026 and found noncompliant and will be upgraded to serve the proposed office space. Schneider said staff recalculated hydro requirements and "sized a pond deeper and provide more volume capacity for the stormwater runoff" and that the infiltration basin will be expanded to improve stormwater management.
Board member Steve Demeules asked about runoff mitigation; Vik confirmed an existing infiltration basin will be expanded. Demeules also asked how long the business had been on site; Vik said "at least since the 80's." Anderson told the board the two driveways would be retained and said the buildings will be roughly 38 feet apart at the narrowest point. On fire protection, Anderson said they "are not required to have sprinklers and it has been deemed a light hazard building, so it does not require fire protection."
Bruce Aubol abstained from the proceedings because of a relationship with Midwest Tank; the remaining six members voted to approve the variance. The approval includes three conditions: the applicant must obtain a septic permit and a building permit and pay associated fees; development must be consistent with the submitted civil and building plans; and the variance is valid only if acted on within one year.
The board recorded findings of fact that the property’s preexisting industrial use and later shoreland mapping changes created exceptional circumstances and that the variance would not alter the essential character of the industrial area.
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