06.a Lubke CUP Distribution Solar Extension - PC Packet
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Date of Meeting: October 6, 2026
To: Chair Hogle and Planning Commission Members
From: Greenlee Dahle, Consultant Planner
T.J. Hofer, Consultant Planner
Re: Extension for Multiple Conditional Use Permits for Distribution SES at
10929 Scandia Trail North
Applicants:
Patrick Dalseth, SV CSG Scandia,
LLC
Sean O’Connor, Gordian Energy
Systems and DIVOCSG N LLC
Zoning: AG-C, SM-O, SES-O
Owners: Michael Lubke & Molly Minogue Future
Land Use: Agricultural Core
Location:
PID: 1903220130001
10929 Scandia Trail North,
Scandia, MN 55073
Review
Deadline November 10, 2026
SUMMARY
The City Council approved conditional use permits (CUP) to allow for multiple Distribution
Solar Energy Systems (SES) on the same parcel located at 10929 Scandia Trail North in 2023.
The CUP approval expires after one year if the use has not commenced on the site.
The applicants requested to extend the CUPs approved with Resolution 10-17-23-03 and
Resolution 10-17-23-05 in 2024. Both were approved administratively to be extended for an
additional year to October 17, 2025, as both applicants had demonstrated a good faith attempt to
complete or utilize the use permitted in the conditional permit by continuing to work through the
design elements on the site that were required to be revised.
The applicants requested another extension in October 2025, which was approved by Resolution
10-21-25-01 (Sunvest DSES) and Resolution 10-21-25-02 (Gordian Energy Systems). Additional
extension requests require consideration by the Planning Commission and approval by the City
Council.
The applicants are requesting to extend the CUP approvals an additional six months, to April 21,
2027.
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REQUEST
Unless the City Council specifically approves a different time when action is officially taken on
the request, conditional use permits shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use within one
year of the date of the conditional use permit is issued; or unless before the expiration of the one
year period the applicant shall apply for an extension thereof by completing and submitting a
request for extension, including the renewal fee as set forth by City ordinance. The request for
extension shall state facts showing a good faith attempt to complete or utilize the use permitted
by the conditional permit.
A request for an extension not exceeding one year shall be subject to the review and approval of
the Zoning Administrator. Should a second extension of time or any extension of time longer
than one year be requested by the applicant, it shall be presented to the Planning Commission for
a recommendation and to the City Council for a decision.
The applicant has met with city staff, Xcel Energy, and MnDOT numerous times and has made
minor site plan adjustments throughout the last three years. Staff find that the past three years of
meetings and plan changes show a good faith attempt to complete or utilize the use permitted by
the conditional permit.
Based on the construction season and winter limitations, staff believes it may be reasonable to
grant another one year extension, even though a six month extension was requested.
COMMISSION ACTION
The Planning Commision can do one of the following:
1. Recommend approval, with or without conditions, of the attached resolution.
2. Recommend denial, with findings, of the attached resolution.
RECOMMENDATION
Staff recommend approval of the CUP extension request for up to one year, ending on October
17, 2027:
Motion to recommend approval of Resolution 10-20-26-XX to approve an extension of
the Conditional Use Permit to allow for a Distribution SES, as approved by Resolution
10-17-23-03.
Motion to recommend approval of Resolution 10-20-26-YY to approve an extension of
the Conditional Use Permit to allow for a Distribution SES, as approved by Resolution
10-17-23-05.
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Attachments
A. Resolution 10-20-26-XX Approving an Extension to Resolution 10-17-23-03
B. Resolution 10-20-26-YY Approving an Extension to Resolution 10-17-23-05
C. Request - Sunvest
D. Request - Gordian
E. Resolution 10-17-23-03 Sunvest Conditional Use Permit
F. Resolution 10-17-23-05 Gordian Conditional Use Permit
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 10-20-26-__
APPROVING AN EXTENSION OF RESOLUTION 10-17-23-03
WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-
23-03 for the development of a distribution solar energy system at 10929 Scandia Trail North; and
WHEREAS, the property is legally described as follows:
The West Half of the Northeast Quarter ( W 1/ 2 of NE 1/ 4) of Section Nineteen
19), Township Thirty- two ( 32), Range Twenty ( 20), Washington County,
Minnesota.
; and,
WHEREAS, in 2023, Patrick Dalseth, SV CSG Scandia, LLC (the “applicant” or the
“operator”), on behalf of Michael Lubke & Molly Minogue (the “owners”), made an application
for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES); and
WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.]
provides that the applicant must commence the use or improvement within on year of the date on
which a conditional use permit is issued. A request for an extension not exceeding one year may
be approved by the Zoning Administrator. A second extension or a time longer than one year shall
be presented to the Planning Commission for a recommendation and to the City Council for a
decision; and,
WHEREAS, the Zoning Administrator granted an extension for the conditional use permit
approved with Resolution 10-17-23-03 on October 16, 2024, for one year; and,
WHERAS, the applicant made a request on September 11, 2025, to extend Resolution 10-
17-23-03 for an additional year; and,
WHEREAS, the City Council approved an extension for the conditional use permit
approved with Resolution 10-17-23-03 on October 21, 2025, for one year; and
WHEREAS, the applicant made a request on September 11, 2026, to extend Resolution
10-17-23-03 for an additional six months; and,
WHEREAS, the City Council found that the construction season and winter restrictions
within the six month request was potentially prohibitive to the development of the site; and,
WHEREAS, the City Council found that the applicant showed a good faith attempt to
complete the project through numerous meetings with city staff, Xcel, MnDOT, and various minor
site plan amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council
hereby approves an extension to the approval given with Resolution 10-17-23-03 for the
development of a distribution solar energy system at 10929 Scandia Trail North, subject to the
conditions established within said resolution, to expire on October 17, 2027.
Whereupon, said Resolution is hereby declared adopted on this 20th day of October 2026.
____________________________
Steve Kronmiller, Mayor
ATTEST:
____________________________
Kyle Morell, City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 10-20-26-__
APPROVING AN EXTENSION OF RESOLUTION 10-17-23-05
WHEREAS, on October 17, 2023, the Scandia City Council adopted Resolution 10-17-
23-05 for the development of a distribution solar energy system at 10929 Scandia Trail North; and
WHEREAS, the property is legally described as follows:
The West Half of the Northeast Quarter ( W 1/ 2 of NE 1/ 4) of Section Nineteen
19), Township Thirty- two ( 32), Range Twenty ( 20), Washington County,
Minnesota.
; and,
WHEREAS, in 2023, Sean O’Connor, Gordian Energy Systems and DIVOCSG N LLC
(the “applicant” or the “operator”), on behalf of Michael Lubke & Molly Minogue (the “owners”),
made an application for a Conditional Use Permit to allow for a Distribution Solar Energy System
(SES); and
WHEREAS, Scandia’s Unified Development Code Section [153.500.060 Subd. 1. (C) V.]
provides that the applicant must commence the use or improvement within on year of the date on
which a conditional use permit is issued. A request for an extension not exceeding one year may
be approved by the Zoning Administrator. A second extension or a time longer than one year shall
be presented to the Planning Commission for a recommendation and to the City Council for a
decision; and,
WHEREAS, the Zoning Administrator granted an extension for the conditional use permit
approved with Resolution 10-17-23-05 on October 16, 2024, for one year; and,
WHERAS, the applicant made a request on September 11, 2025, to extend Resolution 10-
17-23-03 for an additional year; and,
WHEREAS, the City Council approved an extension for the conditional use permit
approved with Resolution 10-17-23-05 on October 21, 2025, for one year; and
WHEREAS, the applicant made a request on September 11, 2026, to extend Resolution
10-17-23-03 for an additional six months; and,
WHEREAS, the City Council found that the construction season and winter restrictions
within the six month request was potentially prohibitive to the development of the site; and,
WHEREAS, the City Council found that the applicant showed a good faith attempt to
complete the project through numerous meetings with city staff, Xcel, MnDOT, and various minor
site plan amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that the Scandia City Council
hereby approves an extension to the approval given with Resolution 10-17-23-05 for the
development of a distribution solar energy system at 10929 Scandia Trail North, subject to the
conditions established within said resolution, to expire on October 17, 2027.
Whereupon, said Resolution is hereby declared adopted on this 20th day of October 2026.
____________________________
Steve Kronmiller, Mayor
ATTEST:
____________________________
Kyle Morell, City Administrator
Hello Mr. Morell and Mr. Hofer,
Updating you on the SV CSG Scandia project on Mike Lubke’s project.
Since early 2025 the project was required by Xcel Energy to obtain an oƯ-site easement for
a guy-wire that would support a new Xcel Energy pole on the north side of Scandia Trail.
Both SunVest and Mr. Lubke had been in contact with that landowner but in late 2025 we
were not able to come to terms with the landowner. At that point we had to pivot to Xcel
Energy requesting permission from MnDOT for a “push brace pole”, which was not a
standard pole that MnDOT allowed. That initial request was submitted on Jan 7, 2026
The request for the push brace pole was denied by MnDOT in March 2026, so Xcel pivoted
to using a larger-diameter pole, that still needed to be approved by MnDOT.
The approval for the larger pole was ultimately approved by MnDOT early June 2026 (notice
of approval was verbal from Xcel during a call) but by that time the buyer of our project,
Green Street Power Partners (“GS”) had pulled out of transaction due to the lengthy delays.
If you’ll recall, GS had planning on purchasing this project since 2024 and had participated
(via Teams) in the sit-down meeting with the City of Scandia, Xcel Energy, Gordian Energy
and SunVest to discuss the number of poles at the Point of Interconnection. Since that time
SunVest has been engaging with other organizations to buy the project and move forward
with construction. But in all instances, those organizations expressed concern over the
upcoming Oct. 21st deadline to pull a building permit before the Conditional Use Permit
expires.
Due to all of these factors, most of which were outside of SunVest’s control, we are
requesting the City of Scandia to consider granting one more extension for an additional 6
months to the CUP.
Thank you for your consideration.
Patrick Dalseth
Hello Mr. Morell and Mr. Hofer,
I am writing on behalf of Gordian Energy Systems to request an additional extension of the
Conditional Use Permit for the DIVOCSG N solar project located on Mike Lubke's property in
Scandia, Minnesota. This project previously received a Conditional Use Permit extension
approved by the City of Scandia on October 21, 2025, extending the permit through October 21,
2026.
Since issuance of the Conditional Use Permit, the project team has continued to advance
development activities and work toward construction readiness. Significant efforts have been
made to complete preliminary engineering, interconnection coordination, and project financing
requirements. Unfortunately, several circumstances outside of the project team's control have
delayed the commencement of construction.
A significant source of delay has been the utility infrastructure required for the project's
interconnection. On August 7, 2025, an Xcel Energy representative informed Gordian that the
project would require a separate easement for a guywire associated with a new utility pole on the
north side of Scandia Trail and separate easements would be required for each project.
Following that determination, Gordian coordinated with Xcel Energy, surveyors, and the
property owner to prepare and submit ALTA surveys, easement exhibits, deeds, and other
documentation necessary to obtain the required utility easement.
Despite these efforts, the required easement could not be successfully secured from the
neighboring landowner. As a result, the project team worked with Xcel Energy to evaluate
alternative utility pole configurations that could satisfy interconnection requirements without the
need for the off-site easement. This redesign process required additional preliminary engineering
efforts, permitting considerations, and utility coordination beyond the original project schedule.
The need to pursue alternative pole solutions is reflected in the ongoing coordination and project
discussions held throughout 2026.
Beginning on January 16, 2026, Gordian Energy Systems initiated discussions with an Xcel
Energy representative regarding alternative utility pole configurations after it became clear that
the required easement could not be obtained from the neighboring property owner. On that same
day, Gordian was informed that Xcel had submitted an application to MnDOT seeking approval
for a push-brace pole configuration that could eliminate the need for the off-site easement. Xcel
advised that the permit review process could take one to two months and that final approval
could not be guaranteed.
On March 9, 2026, after Gordian confirmed that the easement could not be obtained, Xcel
advised that MnDOT had denied the push-brace pole permit request. As a result, the project team
and Xcel shifted focus to finding a self-supporting pole alternative. Xcel further advised that the
revised configuration could result in higher infrastructure costs than originally anticipated.
Throughout the spring of 2026, Gordian maintained regular communication with Xcel regarding
the revised pole solution. Follow-up requests were made on March 27, April 8, and April 27,
2026 seeking updates and guidance regarding the remaining steps necessary to advance the
project. During this period, progress remained dependent upon the development and review of
the updated interconnection path.
In addition to direct correspondence, Gordian participated in recurring monthly coordination
meetings with Xcel Energy throughout the development process to discuss project status and
address interconnection-related items. The DIVO N utility pole remained a recurring topic of
discussion, and Gordian regularly sought updates regarding pole design options, MnDOT
coordination, anticipated costs, and next steps necessary to move the project forward. Meeting
schedules and communication efforts were adjusted as needed to facilitate continued
collaboration between all parties. While progress was being made toward a viable solution,
several elements of the revised design and associated costs required additional review and
remained under evaluation for an extended period due to the complexity of the redesign effort.
On May 20, 2026, approximately four months after the alternative utility pole review process
began, Xcel advised that MnDOT approvals had been obtained and that a self-supporting pole
would be ordered. Although this represented a significant milestone toward a utility-approved
solution, certain preliminary engineering and cost details were still under development. Gordian
subsequently requested additional design and cost information on May 21, May 28, and June 9,
2026 so that the revised utility infrastructure could be incorporated into ongoing project planning
and preliminary engineering activities.
On June 1, 2026, Xcel advised that the revised self-supporting pole design would eliminate the
down-guy wire associated with the original easement requirement. However, cost information
associated with the revised design remained unavailable at that time. Gordian continued
coordinating with Xcel throughout the summer and followed up again on July 27, 2026 regarding
project status. Xcel subsequently provided a design sketch of the revised pole configuration but
advised that detailed cost information was still being developed. As a result, key utility
infrastructure information necessary for final project planning remained outstanding while the
revised solution continued moving through the utility review process.
These delays resulted from the unsuccessful easement effort, MnDOT review and denial of the
initial push-brace pole concept, the subsequent redesign of the utility interconnection
infrastructure, and the time required to develop and review an alternative self-supporting pole
configuration. Collectively, these circumstances were outside of Gordian Energy Systems'
control and affected the project's ability to advance toward construction despite the continued
efforts of both Gordian and utility stakeholders to resolve the issues.
Due to these factors, most of which were outside of Gordian Energy Systems' control, we
respectfully request that the City of Scandia consider granting an additional six-month extension
to the Conditional Use Permit. The project remains viable, and Gordian remains fully committed
to completing development and moving the project into construction. An extension would
provide the necessary time to complete the remaining utility-related requirements, finalize
interconnection infrastructure design activities, complete remaining preliminary engineering, and
preserve the significant investment already made in advancing the project.
We appreciate the City of Scandia's continued support and consideration of this request.
Sincerely,
Sean O'Connor
Project Developer
Gordian Energy Systems
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 10-17-23-03
APPROVING CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE SOLAR
ENERGY SYSTEM LOCATED ON 19.032.20.13.0001 LOCATED AT 10929 SCANDIA
TRAIL NORTH
WHEREAS, Patrick Dalseth, SV CSG Scandia, LLC (the "applicant" or the
operator"), on behalf of Michael Lubke & Molly Minogue (the "owners"), made an application
for a Conditional Use Permit to allow for a Distribution Solar Energy System (SES) to be located
at PID 19.032.20.13.0001 located at 10929 Scandia Trail North:
The West Half of the Northeast Quarter (W 1/2 of NE 1/4) of Section Nineteen
19), Township Thirty-two(32), Range Twenty (20), Washington County,
Minnesota.
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on October 3, 2023, and recommended that the
City Council approve the CUP, with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use
Permit to allow for a Distribution SES, located at 10929 Scandia Trail North, based on the
following findings:
1. Objectives of the Comprehensive Plan include promoting the use of renewable energy
systems on housing and in areas where such systems can be safely operated and produce
a minimum level of visual impact. The Distribution SES is allowed through a Conditional
Use Permit within the SES-0 district and helps obtain the objectives of the
Comprehensive Plan. Staff has included conditions to address the conditions established
within the UDC.
2. The Distribution SES will promote and enhance the general public welfare, and will not
be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable
conditions of approval can be added if the Planning Commission finds issues with the
proposed SES.
3. The Distribution SES use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially diminish
and impair property values or scenic views. Screening to roadways, public waters, and
nearby dwellings is required as a condition of approval. The proposed system meets
setbacks as required within the UDC.
4. The proposed Distribution SES will not impede development or improvement of
surrounding properties.
Resolution No.: 10-17-23-03
Page 2 of 6
5. Staff has included a condition that an access permit be granted by the Minnesota
Department of Transportation. The proposed Distribution SES use is not anticipated to
substantially increase use, cause undue wear, or cause any detriment that is atypical from
regular use.
6. The proposed use is consistent with the applicable regulations of the AG-C District and is
generally consistent with the requirements of the UDC. Any future changes to the
Distribution SES will be required to conform with the applicable regulations of the
district and the Conditional Use Permit must be amended to allow for the change.
Reasonable conditions of approval have been added where the City finds issues with the
proposed use.
7. The Conditional Use Permit generally meets the general and specific performance
standards of the UDC. Staff has included conditions where the application does not meet
these standards.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans submitted to the City on
August 26, 2023, with the exception of where revisions are required with this approval.
2. Treatment of stormwater runoff should be consistent with MPCA storm water manual
guidance for solar projects.
3. Native vegetation must be planted on the site wherever practical to provide habitat.
4. Facility location and design must minimize impact on habitat and wildlife movement.
5. Before a building permit can be issued on the site the following must occur:
a. The applicant must complete an interconnection agreement with a local utility and
provide a copy of the agreement to the City. The system operator must provide a
visible external disconnect if required by the utility.
b. The City will require the establishment of an escrow account, from a creditable
banking institution chartered to operate in the State of Minnesota, to ensure
vegetation is installed and establishes itself as identified in the approved permit,
based on an estimated cost for plantings and labor provided by the applicant. The
planting and screening plan must utilize the recommended plant types described
in Section [153.400.060] and must be approved by the City.
c. The City will require the posting of a bond, letter of credit or the establishment of
an escrow account to ensure decommissioning. The decommissioning plan must
provide a letter of credit that does not give credit towards salvage material. The
guarantee shall be from a creditable banking institution chartered to operate in the
State of Minnesota.
d. The applicant must submit proof that a current general liability policy covering
bodily injury and property damage with limits of at least $1 million per
occurrence and $2 million in the aggregate or the maximum liability thresholds
set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, to
the City.
e. Submit specification showing the maximum that the panels do not exceed 15 feet
in height when oriented at maximum tilt.
Resolution No.: 10-17-23-03
Page 3 of 6
f. The screening shall fully obscure 100% view of the solar panels from any
adjacent road right-of-way immediately upon screen completion in accordance
with this section, and shall be completed prior to the remainder of solar facilities
and panel installation. Effectiveness of screening shall be reviewed and approved
by city staff prior to continuation of project installation.
g. Any fences or barriers installed for the project must be mounted on wood posts,
and may not include any chain link, barbed or razor wire. The fence may not
exceed eight (8) feet in height from the ground, and must incorporate wildlife -
friendly design with a gap at the bottom for passage of birds and small animals.
The City will utilize recommendations from the Minnesota DNR to determine if
the fence design is wildlife -friendly. All fencing must comply with Character
Area Standards and Fencing standards established in Section 153.400 of the
Unified Development Code.
h. All ground areas under solar array installs that are not occupied by equipment or
essential access paths, must be planted with a deep rooted, native grass and
pollinator seed mix suitable to the soil and moisture conditions of the immediate
area. Plant growth must be stable and self-supporting within one (1) growing
seasons from the date of building permit approval. The landscaping plan shall be
revised to show the location of ground plantings including which seed mixes are
proposed and where the mixes will be used.
i. Power and communication lines that are not defined in this the UDC as Essential
Services and running between banks of solar panels and the interconnection pole
or other point of interconnection must be buried underground.
j. Drainage and utility easements will be placed around the permitter of the property
in accordance with the subdivision ordinance for both as needed maintenance and
assuring compliance with the approvals.
k. A MPCA General Stormwater Permit will be required.
1. The applicant shall verify with MnDOT, and provide City proof of, need for a
work within ROW permit that may be required for construction activities.
m. The stormwater basin being constructed in the southwest portion of the project
has no future access reserved to account for accessing to perform maintenance.
The applicant must demonstrate how a backhoe would be able to access in the
future to perform maintenance.
6. If any concrete is used onsite for construction, all wash outs from cement trucks shall not
be dumped on site.
7. The required screening must be achieved within six (6) growing seasons from the date of
project approval. If the screening is not established within 6 growing seasons, it must be
implemented through the planting of mature vegetation to fully obscure (100%) view of
the solar panels as described in current ordinance.
8. The applicant shall maintain landscaping and screening for the full term of the permit.
The City may enter and inspect the property, outside the area protected around the array
by fencing, at any reasonable time for the purpose of investigating a reported violation or
to ascertain compliance or noncompliance with the current standards or approvals
regulating screening.
Resolution No.: 10-17-23-03
Page 4 of 6
9. The City reserves the right to utilize the vegetative escrow required with the permit to
address noncompliance with approved screening if the applicant or operator does not
bring the site into compliance within nine months.
10. If glare is reported as a nuisance staff will review the existing conditions and the
applicant must address any concerns identified by staff to bring the use into compliance
with the current regulations.
11. No lighting is proposed or approved with this approval.
12. The first 50 ft. of the access road off of MN 97 shall be either bituminous or concrete to
prevent tracking sediment onto MN 97.
13. The applicant shall stake the required setback from MN 97 so that the Building Inspector
can verify the setbacks before construction begins.
14. The applicant shall identify the boundaries of the wetland buffers in the field prior to
construction of the facilities on the site.
15. Erosion control along wetland shall be required.
16. Signage must be installed that clearly identifies the array and emergency contacts that are
responsible in the case of an emergency within three months of a final building permit
being issued. Signage must be screened from public right of way and residential uses
within 350 ft.
17. Signs, informational, or visual communication devices shall comply with applicable
regulations.
18. All plans submitted for building permit approval shall be prepared by a licensed,
professional engineer.
19. Any expansion of the Distribution SES shall require an amended conditional use permit.
20. The applicant shall complete a Developer Agreement with the City. The Agreement shall
include financial guarantees acceptable to the City), to assure compliance with the
Vegetative Escrow, Landscaping Plan, and Decommissioning Plan. The Development
Agreement shall be signed by the City and the applicant before the City approves the
final permit for the solar installation.
21. The applicant shall obtain all necessary permits prior to work on the site, including but
not limited to:
a. The Distribution Scale Solar Energy System shall comply with all applicable
local, state and federal regulatory standards, including the current Uniform
Building Code, the National Electric Code, the State Plumbing Code and the
Minnesota Energy Code.
b. Driveway access permits from the Minnesota Department of Transportation shall
be secured for the access drives to the site from MN 97, before the City approves
the final permit for the solar installation.
c. The applicant shall obtain the required Watershed District permit(s).
d. The applicant shall obtain the required grading and erosion control permit from
the City.
e. The applicant shall obtain the required building permit from the City.
22. The applicant shall comply with all applicable local, state, and federal permits and
requirements for the new development on the parcel.
Resolution No.: 10-17-23-03
Page 5 of 6
23. The City may revoke the Conditional Use Permit for the site if the site is not in
compliance with any condition of this approval and if all permits and required work to
comply with approvals from other local, state, and federal permits is not completed.
24. The applicant/operator of the Distribution SES shall pay all costs incurred by the city to
monitor compliance with conditions of the Conditional Use Permit
25. The applicant shall pay all fees and escrows associated with this application.
Resolution No.: 10-17-23-03
Page 6 of 6
Whereupon, said Resolution is hereby declared adopted on this 17 day of October 2023.
ceve Krbnl3XIq4!cting Mayor
Patrick Dalseth, Applicant
A , A ?,,t Vir SV CSG
Michael Lubke, Owner
Molly Mi ogue, %vner
ATTEST:
Kyle l/lore I. City Administrator
CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 10-17-23-05
APPROVING CONDITIONAL USE PERMIT FOR A DISTRIBUTION SCALE SOLAR
ENERGY SYSTEM LOCATED ON 19.032.20.13.0001 LOCATED AT 10929 SCANDIA
TRAIL NORTH
WHEREAS, Courtney O'Connor, Gordian Energy Systems and DIVOCSG N LLC (the
applicant" or the "operator"), on behalf of Michael Lubke & Molly Minogue (the "owners"),
made an application for a Conditional Use Permit to allow for a Distribution Solar Energy
System (SES) to be located at PID 19.032.20.13.0001 located at 10929 Scandia Trail North:
THE WEST HALF OF THE NORTHEAST QUARTER (W 1/2 OF NE 1/4) OF
SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO (32), RANGE
TWENTY (20), WASHINGTON COUNTY, MINNESOTA, AND WHICH
INCLUDES A STRIP OF LAND FIFTY (50) FEET IN WIDTH RUNNING
OVER AND ACROSS THE WEST HALF OF THE NORTHEAST QUARTER
W1/2 OF NE1/4} OF SECTION NINETEEN (19), TOWNSHIP THIRTY-TWO
32) NORTH, RANGE TWENTY (20) WEST; SAID STRIP OF LAND BEING
TWENTY-FIVE (25) FEET IN WIDTH ON EACH SIDE OF A CENTER LINE
WHICH CROSSES ABOVE DESCRIBED TRACT AND IS DESCRIBED AS
FOLLOWS TO -WIT COMMENCING AT A STAKE ON THE EAST LINE OF
SAID SECTION, TWENTY (20) FEET SOUTH OF THE NORTHEAST
CORNER THEREOF; RUNNING THENCE SOUTHWESTERLY ON A ONE
DEGREE CURVE TO THE RIGHT FROM A LINE BEARING SOUTH FORTY-
TWO DEGREES AND THIRTEEN MINUTES WEST (S 42? 13? W) AS A
TANGENT; A DISTANCE OF ONE HUNDRED FORTY-SIX AND SEVEN -
TENTHS (146.7) FEET THENCE SOUTH FORTY-THREE DEGREES AND
FORTY-ONE MINUTES WEST (S 43 DEG 41- W) EIGHT THOUSAND ONE
HUNDRED SEVENTY-FOUR AND FIVE -TENTHS (8174.5) FEET TO A
STAKE ON THE WEST LINE OF SECTION THIRTY (30) IN SAID
TOWNSHIP AND RANGE, SIX HUNDRED NINETY AND THREE -TENTHS
690.3) FEET SOUTH OF THE NORTHWEST CORNER THEREOF,
WASHINGTON COUNTY, MINNESOTA.
WHEREAS, the Planning Commission reviewed the request for the Conditional Use
Permit (CUP) at a duly noticed Public Hearing on October 3, 2023, and recommended that the
City Council approve the CUP, with conditions;
Resolution No.: 10-17-23-05
Page 2 of 6
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it approves of a Conditional Use
Permit to allow for a Distribution SES, located at 10929 Scandia Trail North, based on the
following findings:
Objectives of the Comprehensive Plan include promoting the use of renewable energy
systems on housing and in areas where such systems can be safely operated and produce
a minimum level of visual impact. The Distribution SES is allowed through a Conditional
Use Permit within the SES-0 district and helps obtain the objectives of the
Comprehensive Plan. Staff has included conditions to address the conditions established
within the UDC.
2. The Distribution SES will promote and enhance the general public welfare, and will not
be detrimental to or endanger the public health, safety, morals, or comfort. Reasonable
conditions of approval can be added if the Planning Commission finds issues with the
proposed SES.
3. The Distribution SES use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially diminish
and impair property values or scenic views. Screening to roadways, public waters, and
nearby dwellings is required as a condition of approval. The proposed system meets
setbacks as required within the UDC.
4. The proposed Distribution SES will not impede development or improvement of
surrounding properties.
5. Staff has included a condition that an access permit be granted by the Minnesota
Department of Transportation. The proposed Distribution SES use is not anticipated to
substantially increase use, cause undue wear, or cause any detriment that is atypical from
regular use.
6. The proposed use is consistent with the applicable regulations of the AG-C District and is
generally consistent with the requirements of the UDC. Any future changes to the
Distribution SES will be required to conform with the applicable regulations of the
district and the Conditional Use Permit must be amended to allow for the change.
Reasonable conditions of approval have been added where the City finds issues with the
proposed use.
7. The Conditional Use Permit generally meets the general and specific performance
standards of the UDC. Staff has included conditions where the application does not meet
these standards.
FURTHER BE IT RESOLVED that the following conditions of approval shall be met:
1. The project shall be in substantial compliance with the plans submitted to the City on
August 25, 2023, with the exception of where revisions are required with this approval.
2. Treatment of stormwater runoff should be consistent with MPCA storm water manual
guidance for solar projects.
3. Native vegetation must be planted on the site wherever practical to provide habitat.
Resolution No.: 10-17-23-05
Page 3 of 6
4. Facility location and design must minimize impact on habitat and wildlife movement.
5. Before a building permit can be issued on the site the following must occur:
a. The applicant must complete an interconnection agreement with a local utility and
provide a copy of the agreement to the City. The system operator must provide a
visible external disconnect if required by the utility.
b. The City will require the establishment of an escrow account, from a creditable
banking institution chartered to operate in the State of Minnesota, to ensure
vegetation is installed and establishes itself as identified in the approved permit,
based on an estimated cost for plantings and labor provided by the applicant. The
planting and screening plan must utilize the recommended plant types described
in Section [153.400.060] and must be approved by the City.
c. The City will require the posting of a bond, letter of credit or the establishment of
an escrow account to ensure decommissioning. The decommissioning plan must
provide a letter of credit that does not give credit towards salvage material. The
guarantee shall be from a creditable banking institution chartered to operate in the
State of Minnesota.
d. The applicant must submit proof that a current general liability policy covering
bodily injury and property damage with limits of at least $1 million per
occurrence and $2 million in the aggregate or the maximum liability thresholds
set forth Minnesota Statutes, section 466.04, as amended, whichever is greater, to
the City.
e. Submit specification showing the maximum that the panels do not exceed 15 feet
in height when oriented at maximum tilt.
f. The screening shall fully obscure 100% view of the solar panels from any
adjacent road right-of-way immediately upon screen completion in accordance
with this section, and shall be completed prior to the remainder of solar facilities
and panel installation. Effectiveness of screening shall be reviewed and approved
by city staff prior to continuation of project installation.
g. The landscaping plan shall be revised to show permanent vegetative screening
designed to have a horizontal depth of at least 20 feet.
h. Any fences or barriers installed for the project must be mounted on wood posts,
and may not include any chain link, barbed or razor wire. The fence may not
exceed eight (8) feet in height from the ground, and must incorporate wildlife -
friendly design with a gap at the bottom for passage of birds and small animals.
The City will utilize recommendations from the Minnesota DNR to determine if
the fence design is wildlife -friendly. All fencing must comply with Character
Area Standards and Fencing standards established in Section 153.400 of the
Unified Development Code.
i. All ground areas under solar array installs that are not occupied by equipment or
essential access paths, must be planted with a deep rooted, native grass and
pollinator seed mix suitable to the soil and moisture conditions of the immediate
area. Plant growth must be stable and self-supporting within one (1) growing
seasons from the date of building permit approval. The landscaping plan shall be
Resolution No.: 10-17-23-05
Page 4 of 6
revised to show the location of ground plantings including which seed mixes are
proposed and where the mixes will be used.
j. Power and communication lines that are not defined in this the UDC as Essential
Services and running between banks of solar panels and the interconnection pole
or other point of interconnection must be buried underground.
k. Drainage and utility easements will be placed around the permitter of the property
in accordance with the subdivision ordinance for both as needed maintenance and
assuring compliance with the approvals.
1. A MPCA General Stormwater Permit will be required.
in. The applicant shall verify with MnDOT, and provide City proof of, need for a
work within ROW permit that may be required for construction activities.
n. The stormwater basin being constructed in the southwest portion of the project
has no future access reserved to account for accessing to perform maintenance.
The applicant must demonstrate how a backhoe would be able to access in the
future to perform maintenance.
6. If any concrete is used onsite for construction, all wash outs from cement trucks shall not
be dumped on site.
7. The required screening must be achieved within six (6) growing seasons from the date of
project approval. If the screening is not established within 6 growing seasons, it must be
implemented through the planting of mature vegetation to fully obscure (100%) view of
the solar panels as described in current ordinance.
8. The applicant shall maintain landscaping and screening for the full term of the permit.
The City may enter and inspect the property, outside the area protected around the array
by fencing, at any reasonable time for the purpose of investigating a reported violation or
to ascertain compliance or noncompliance with the current standards or approvals
regulating screening.
9. The City reserves the right to utilize the vegetative escrow required with the permit to
address noncompliance with approved screening if the applicant or operator does not
bring the site into compliance within nine months.
10. If glare is reported as a nuisance staff will review the existing conditions and the
applicant must address any concerns identified by staff to bring the use into compliance
with the current regulations.
11. No lighting is proposed or approved with this approval.
12. The first 50 ft. of the access road off of MN 97 shall be either bituminous or concrete to
prevent tracking sediment onto MN 97.
13. The applicant shall stake the required setback from MN 97 so that the Building Inspector
can verify the setbacks before construction begins.
14. The applicant shall identify the boundaries of the wetland buffers in the field prior to
construction of the facilities on the site.
15. Erosion control along wetland shall be required.
16. Signage must be installed that clearly identifies the array and emergency contacts that are
responsible in the case of an emergency within three months of a final building permit
being issued. Signage must be screened from public right of way and residential uses
within 350 ft.
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17. Signs, informational, or visual communication devices shall comply with applicable
regulations.
18. All plans submitted for building permit approval shall be prepared by a licensed,
professional engineer.
19. Any expansion of the Distribution SES shall require an amended conditional use permit.
20. The applicant shall complete a Developer Agreement with the City. The Agreement shall
include financial guarantees acceptable to the City), to assure compliance with the
Vegetative Escrow, Landscaping Plan, and Decommissioning Plan. The Development
Agreement shall be signed by the City and the applicant before the City approves the
final permit for the solar installation.
21. The applicant shall obtain all necessary permits prior to work on the site, including but
not limited to:
a. The Distribution Scale Solar Energy System shall comply with all applicable
local, state and federal regulatory standards, including the current Uniform
Building Code, the National Electric Code, the State Plumbing Code and the
Minnesota Energy Code.
b. Driveway access permits from the Minnesota Department of Transportation shall
be secured for the access drives to the site from MN 97, before the City approves
the final permit for the solar installation.
c. The applicant shall obtain the required Watershed District permit(s).
d. The applicant shall obtain the required grading and erosion control permit from
the City.
e. The applicant shall obtain the required building permit from the City.
22. The applicant shall comply with all applicable local, state, and federal permits and
requirements for the new development on the parcel.
23. The City may revoke the Conditional Use Permit for the site if the site is not in
compliance with any condition of this approval and if all permits and required work to
comply with approvals from other local, state, and federal permits is not completed.
24. The applicant/operator of the Distribution SES shall pay all costs incurred by the city to
monitor compliance with conditions of the Conditional Use Permit.
25. The applicant shall pay all fees and escrows associated with this application.
Resolution No.: 10-17-23-05
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Whereupon, said Resolution is hereby declared adopted on this 17t" day of October, 2023.
ronmill r, ting Mayor
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Cou Connor, Applicant
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Michael Lubke, Owner
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Molly Minogu . Own r
ATTEST:
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Kyle Mo ll. City Administrator