2016-03-22 Planning Comm Minutes
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSON MINUTES
March 22, 2016
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March
22, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard
Roston, Michael Noonan, Doug Hennes, Mary Magnuson, and Brian Petschel. Those absent:
Christine Costello. Others present were City Planner Nolan Wall and Public Works Director/City
Engineer John Mazzitello.
Approval of Agenda
The agenda was approved as submitted.
Approval of February 23, 2016 Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER ROSTON TO
APPROVE THE MINUTES OF FEBRUARY 23, 2016 AS PRESENTED.
AYES: 6
NAYS: 0
ABSENT: 1
Hearings
PLANNING CASE #2016-05
Emily Dosh, 1140 Sibley Memorial Highway
Critical Area Permit, Conditional Use Permit, and Variances
City Planner Nolan Wall explained that the applicant was requesting a critical area permit,
conditional use permit, and variances to construct an addition to an existing single-family
residence. The subject parcel fronts Highway 13 and is zoned R-1 Residential. Being located in
the Mississippi River Corridor Critical Area, the subject property requires site plan approval before
a building permit can be issued.
The subject property contains two parcels totaling 19,555 square feet and contains an existing
dwelling, which was constructed in 1940, and a detached garage. The proposed project would
construct an approximately 1,600 square foot addition that would include a living area and deck
expansion towards the highway and the river on portions of the existing driveway and landscaped
area.
Based on the applicable City Code requirements, the proposed project requires three separate
requests: 1) critical area permit for the general construction activities; 2) conditional use permit to
March 22, 2016 Mendota Heights Planning Commission Meeting Page 1
disturb slopes between 18% to 40%; and 3) three separate variances to expand the existing
structure towards the river and also to disturb slopes that over both 18% and 40%.
Specific to the critical area permit request, Planner Wall reviewed the applicable dimensional and
natural resource management standards for development in the critical area. Based on the
information provided by the applicant, planning and engineering staff determined the proposed
project was compliant the setback, building height, wildlife/vegetation management, and surface
water run-off standards.
Specific to the conditional use permit request, the Code does require a conditional use permit for
any affected activities on slopes between 18% and 40% in the critical area. It further requires that
properties developed prior to 2006, which is the case with this site, that only accessory or incidental
structures are then allowed to disturb slopes that are over 18%. Planner Wall then reviewed the
four requirements for approval of a conditional use permit in the critical area; this proposed project
is compliant with each of the requirements.
Planner Wall shared photographs of the site and the existing building provided by the applicant.
He further described the proposed project and associated grading activities in relation to the
existing conditions.
Three separate variances are required as part of this application: 1) expansion of an existing
structure towards the river; 2) construction on slopes greater than 18%; and 3) construction on
slopes greater than 40%.
At this point, Planner Wall asked the Commission if they had any questions on the application so
far; there were none.
Planner Wall reviewed the three standards necessary for each of the requested variances and how
this application meets those standards.
It was also noted that as part of this process, staff notified the City of Lilydale and the Minnesota
Department of Natural Resources to get their input; neither provided comments regarding this
application.
Staff recommended approval of the critical area permit, conditional use permit, and all variance
requests with conditions, based on the findings of fact.
Ms. Emily Dosh, 1140 Sibley Memorial Highway came forward to answer questions from the
Commission; there were none.
Chair Field opened the public hearing.
Seeing no one coming forward to comment at the public hearing, Chair Field asked for a motion
to close the public hearing.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
CLOSE THE PUBLIC HEARING.
March 22, 2016 Mendota Heights Planning Commission Meeting Page 2
AYES: 6
NAYS: 0
ABSENT: 1
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO
RECOMMEND APPROVAL OF PLANNING CASE 2016-05, CRITICAL AREA PERMIT,
CONDITIONAL USE PERMIT, AND VARIANCES BASED ON THE FOLLOWING
FINDINGS OF FACT:
1. The proposed project meets the purpose and intent of the City Code and is consistent with
the Comprehensive Plan.
2. The proposed project meets the purpose and intent of the Critical Area Overlay District,
including the additional conditional use permit and variance standards.
3. The proposed project expands the existing dwelling towards the river in compliance with
the applicable setbacks and avoids disturbing areas that may reduce the existing natural
landscape and increase stormwater run-off.
4. The grades in excess of 18% and 40% impacted by the proposed project appear to have
been man-made and will not negatively impact the river or the character of the surrounding
area.
5. \[Added by the Commission\] The proposed variances are found to be in harmony with the
general purpose and intent of the ordinance and the comprehensive plan; that the applicant
has established practical difficulties in complying with the ordinance because expansion to
the side or rear yard would require additional land disturbance and/or increase water run-
off issues; and that the proposed variances will not alter the essential character of the
neighborhood since there is already a highway, a trail, a rail line, and structures already in
existence between the property and the river.
AND WITH THE FOLLOWING CONDITIONS:
1. Building and grading permits are approved by the City prior to construction of the proposed
project.
2. All grading and construction activity will be in compliance with applicable federal, state,
and local regulations and codes, as well as in compliance with the City’s Land Disturbance
Guidance Document.
AYES: 6
NAYS: 0
ABSENT: 1
Chair Field advised the City Council would consider this application at its April 5, 2016 meeting.
PLANNING CASE #2016-06
Northern States Power (d.b.a Xcel Energy) Sibley Propane Plant
Conditional Use Permit and Critical Area Permit
City Planner Nolan Wall explained that the applicant was seeking a conditional use permit to bring
an existing use into compliance with applicable zoning districts, as well as a critical area permit to
make improvements to an existing structure on the subject property within the Mississippi River
Corridor Critical Area.
March 22, 2016 Mendota Heights Planning Commission Meeting Page 3
The subject property contains two parcels on approximately 25 acres, operated by Xcel Energy
formerly Northern States Power. According to the applicant, the use has existed in its current
location since the mid-1950’s. Neither the applicant nor the city has record of the appropriate
permit approvals establishing the existing use. Therefore, it is assumed that it pre-dates the city’s
incorporation and the current City Code requirements. In order to establish the appropriate permit
and recognize the existing conditions and use of the property, staff requested that the applicant
apply for a conditional use permit to ensure that future improvements can be made in compliance
with applicable standards and procedures.
Planner Wall noted that the subject property contains two zones, B-1A and R-1, and that both
zoning districts permit essential service structures as a conditional use. Based on the definition,
the existing use of the subject property requires a conditional use permit.
He then explained the four findings of facts necessary to approve the conditional use permit in the
critical area: 1) the proposed use is consistent with the intent of the critical area order and the
comprehensive plan; 2) the proposed use is compatible with uses in the immediate vicinity; 3) the
proposed use is allowed under the applicable ordinances; and 4) requires DNR notification.
Planner Wall described the existing fencing, vegetative/landscape cover, and topography and how
they relate to the surrounding land uses. He noted that both residential developments in closest
proximity to the site were platted after the existing use was established. Staff determined that the
existing use is therefore compliant with the required findings.
At this point, Planner Wall asked if there were any questions specific to the conditional use request;
there were none.
Specific to the critical area permit request, Planner Wall explained that the proposed project seeks
to replace an interior compressor within an existing building. As part of that project, there will
also be re-siding and roofing improvements to the existing structure. There are no proposed
grading activities or vegetation removal and the existing structure will not be expanded in size or
height. The proposed improvements require a building permit, so a critical area permit is also
required due to the subject property’s location. He shared an image of the existing building and
noted that due to the limited scope of the proposed project, staff is unaware of any potential impacts
to the river.
An interagency review is also required as part of this application; the private property owners were
noticed within 350 feet within the City and the application materials were sent to the Minnesota
Department of Natural Resources, as well as the City of Lilydale and the City of St. Paul for
review; no comments were received.
Staff recommended approval of the critical area permit and conditional use permit with conditions,
based on the findings of fact.
Commissioner Roston stated that he has a conflict of interest and would not be voting on this
application and will abstain from participating in the discussion.
Mr. Brian Sullivan with Xcel Energy was present to answer any questions from the Commission.
March 22, 2016 Mendota Heights Planning Commission Meeting Page 4
Commissioners asked questions regarding the site history, service area, purpose of the operation,
and the proposed building improvements. Mr. Sullivan responded accordingly and indicated that
the intent was to maintain the existing operation and replace equipment within an existing building.
Chair Field opened the public hearing.
Seeing no one coming forward to comment at the public hearing, Chair Field asked for a motion
to close the public hearing.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSTAIN: 1 (Roston)
ABSENT: 1
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
RECOMMEND APPROVAL OF PLANNING CASE 2016-06, CONDITIONAL USE PERMIT
AND CRITICAL AREA PERMIT REQUESTS BASED ON THE FOLLOWING FINDINGS OF
FACT:
1. The existing use pre-dates the current City Code and development of the surrounding
residential uses.
2. The existing natural vegetative/landscape buffers and fencing provide adequate screening
without compromising site security.
3. The existing use meets the purpose and intent of the City Code and is consistent with the
Comprehensive Plan.
4. There are no proposed grading activities or vegetation removal and the existing structure
will not be expanded in size or height.
5. The proposed project meets the purpose and intent of the Critical Area Overlay District
Chapter of the City Code.
AND WITH THE FOLLOWING CONDITIONS:
1. Future improvements on the subject property that expand, alter, or otherwise change the
existing use or site conditions in any manner shall require an amendment to the conditional
use permit, including a critical area permit if applicable.
2. All applicable permits are obtained from the City prior to construction of the proposed
project.
AYES: 5
NAYS: 0
ABSTAIN: 1 (Roston)
ABSENT: 1
Chair Field advised the City Council would consider this application at its April 5, 2016 meeting.
Verbal Review
Planner Wall gave the following verbal review:
March 22, 2016 Mendota Heights Planning Commission Meeting Page 5
PLANNING CASE #2016-04
City of Mendota Heights
City Code Amendments Concerning Industrial District Uses and Definitions
• Approved by the City Council as recommended by the Planning Commission with a few
minor grammatical changes
Commissioners asked questions regarding the rumored Mendota Plaza developments. Planner
Wall indicated that preliminary discussions are occurring regarding amendments to the Planned
Unit Development; however, Mendota Plaza has not submitted any development applications. In
the event the approved Planned Unit Development is proposed to be amended, additional
applications will be required to be reviewed by the Planning Commission and City Council.
Commissioner Noonan asked, in light of the Vikings development applications with the City of
Eagan, if the interchange at Delaware Avenue/I-494 is back on the table. Public Works
Director/City Engineer John Mazzitello replied that staff is reviewing the draft Alternative Urban
Area-Wide Review (AUAR) document that came out for the proposed Viking development in
Eagan; the interchange referred to is not mentioned in the AUAR at all. Staff is discussing whether
or not they want to ask the developer to include a statement that this is not part of their development
plan and is not anticipated to be advanced as any part of their development.
Staff and Commission Announcements
The annual spring clean-up is scheduled for Saturday, May 7. Preliminary information is
available in the last edition of the Heights Highlights with more to come.
Commissioners have been invited to attend a seminar on April 6 to be held at the Eagan
Community Center from 6:00 – 9:00 p.m. titled Engineering 101. The Public Works
Directors and City Engineers from Dakota County are putting on this seminar.
On Wednesday, March 23 there will be an open house at City Hall from 6:30 – 8:00 p.m.,
where the 90% complete design plans for the 2016 Mendota Road Neighborhood
Improvements Project \[reconstructing Mendota Road (Highway 110 Frontage Road) from
Delaware Avenue to Oak Street and rehabilitation of Warrior Drive, High Ridge Circle,
and Sibley Court\] will be available.
When questioned, Mr. Mazzitello replied that the pedestrian crossing of Highway 110 has
been approved by Dakota County; it is going to be an underpass and is scheduled for
construction in 2017 in conjunction with MnDOT’s project that is going to rebuild
Highway 110.
Adjournment
COMMISSIONER ROSTON MOVED TO ADJOURN THE MEETING AT 7:46 P.M.
March 22, 2016 Mendota Heights Planning Commission Meeting Page 6