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CITY, N.D. (NewsDakota.com) Farmers will be able to fill their tanks with Anhydrous Ammonia after the Barnes County commission passed a temporary variance for the Cuba Township facility at a special meeting Tuesday night on a 2 to one vote.

The issue came to light after Dakota Plains Cooperative built a new platform at the facility for loading that requires a 200-foot variance setback under state law.

Being the Planning and Zoning board doesn’t meet until November 8 Commissioner Jon Froehlich says two weeks is to long a time to wait.

Commissioners Phil Leitner and Froehlich voted to pass the variance while Commissioner Rodger Berntson voted “NO” acting on the advise of the state’s attorney citing liability issues if a loading problem occurred at the facility over the next two weeks.

Dakota Plains Cooperative Representative Gary Wieck says he and area growers are relieved the commission passed the temporary variance.

North Dakota Agriculture Department spokesman Jim Gray says the facility has met all the necessary engineering requirements for the state to issue an operating permit.