2018-04-24 Planning Comm MinutesApril 24, 2018 Mendota Heights Planning Commission Meeting – Approved Page 1 of 5
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
April 24, 2018
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April
24, 2018 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 John
Mazzitello, Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel.
Those absent: None
Approval of Agenda
The agenda was approved as submitted.
Approval of March 27, 2018 Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO
TO APPROVE THE MINUTES OF MARCH 27, 2018, AS PRESENTED.
AYES: 7
NAYS: 0
Hearings
A) PLANNING CASE #2018-10 WETLANDS PERMIT
ELEVATION HOMES / ROB & SUEMI TUTTLE, 954 WAGON WHEEL TRAIL
Working from materials provided to the Commission prior to the meeting, Community
Development Director Tim Benetti explained that Elevation Homes had applied for a Wetlands
Permit on behalf of Drrs. Rob and SueMi Tuttle. They desire to construct a new single-family
dwelling with a three-car attached garage and an in-ground swimming pool on their property
located at 954 Wagon Wheel Trail. This property is located on the north side of Rogers Lake and
any work done within 100 feet of a water feature requires a Wetlands Permit. A public hearing
notice on this application was published in the local newspaper and notice letters were mailed to
all surrounding properties within 350-feet of the subject property. No comments or objections had
been received prior to this meeting.
Mr. Benetti then noted that the site is just over 4.0 acres with the buildable part consisting of just
under 2.0 acres. The property currently has an 810 square foot single-story home which was built
in 1939 and is in a dilapidated condition. This dwelling is scheduled for removal, as well as the
existing and abandoned foundation and some old fencing.
April 24, 2018 Mendota Heights Planning Commission Meeting – Approved Page 2 of 5
The planned setbacks for the site are 132-feet from Wagon Wheel Trail; 15-feet from the easterly
property line; over 107-feet from the ordinary high water mark off Rogers Lake; and 106-feet from
the westerly property line. As part of this plan, approximately 26 to 28 trees are to be removed
with a number of trees being saved or protected; they also plan to install 10 new coniferous
evergreens and 14 deciduous trees. The owners have no plans to alter the area near the lake. As
recommended by staff, the plan shows an approximately 25 -foot wetland buffer from the
delineated wetland edges along Rogers Lake and the north wetland body.
Mr. Benetti shared elevation images of the planned 5,500 square foot, two-story home; 1,193
square foot three-car attached garage, and swimming pool. This property would have direct access
from Wagon Wheel Trail; water and sanitary sewer are available from the mains in the Wagon
Wheel Trail right-of-way to the north; and the old septic system appears to have been removed
many years ago. The Wagon Wheel Trail ROW was partially vacated under Resolution 2017-88,
which conveyed a 30-foot wide strip of land over to this property owner.
Mr. Benetti then reviewed the analysis of this property in the Comprehensive Plan; the City Code
pertaining to Wetlands Systems; and the specific allowances, rules, and standards for a permit for
the construction, alteration, or removal of any structure near these Wetlands Systems. He stated
that his preliminary review revealed that this house is worth being built with the new grades being
established, satisfactory to both engineering and zoning standards, and staff would verify or
confirm these standards are met before a building permit is issued.
Staff recommended approval of this Wetlands Permit application based on the Findings of Facts
and with Conditions as noted in the staff report.
Commissioner Magnuson asked about standards in the ordinance regarding swimming pools. With
this pool being closest to Rogers Lake, she asked what the requirements are when it comes to
draining the chlorinated water, backwashing the filtering system, and where do they go to ensure
they are not being pumped into the wetland area or the buffer zone for Rogers Lake. Mr. Benetti
deferred to Public Works Director Ryan Ruzek, who replied that the engineering department had
not addressed that yet. Staff agreed to do more research on this item and should they discover that
it would adversely impact the lake they would request that the owners connect those systems to
the sanitary sewer system.
Commissioner Toth, knowing that the previous home had been built in 1939, asked about any
existing septic or sewer systems on the property and the removal of any potentially contaminated
soil around the old system. Mr. Benetti replied that this is usually handled by the demolition permit
or by the contractor. These are usually capped before any work is started. The new builder would
access or examine the existing sewer line to determine if it is reusable or if they would need to lay
a new one. Mr. Ruzek also noted that the existing home is connected to city sewer and water.
Commissioner Toth then asked if there would be any problems with potentially old fuel tanks
inside the existing home. Mr. Benetti replied that if there were any, they would be handled under
the demolition permit. All remediation efforts need to be done as part of that demolition permit.
April 24, 2018 Mendota Heights Planning Commission Meeting – Approved Page 3 of 5
Commissioner Mazzitello clarified that if the draining of the pool or grade is a problem with that
water getting Rogers Lake that it would have to go to the storm sewer system, not to the sanitary
sewer system. Any pool water going into the storm sewer system would go through treatment
ponds before reaching Rogers Lake. Mr. Ruzek also noted that pool water going through the pipes
evaporates its chlorine fairly quickly but he would do additional research on the subject.
Commissioner Mazzitello suggested that extra measures be taken next to Rogers Lake during
construction for sediment control.
Commissioner Toth asked for a walkthrough of Condition 8, which reads “The Property Owner
shall dedicate a 10-foot wide drainage and utility easement along the eastern property line within
the vacated Rogers Avenue right-of-way; and a new permanent drainage and utility easements
over the entire northerly wetland area, which should include the 25-foot no disturbance buffer strip
from the delineated wetland edge, with said easements to be denoted on the Certificate of Survey
or separate easement agreement submitted and recorded with Dakota County”, and how the
drainage easement is going to be implemented; and the 25-foot setback on the wetlands side.
Mr. Benetti, referring back to the site plan, noted that the city is requesting a 10-foot drainage and
utility easement along the east side of the property; which used to be half of the ROW. The city is
also asking for a permanent drainage and utility easement over the entire northerly wetland area –
including the 25-foot no disturbance buffer. This way it is the city’s responsibility to maintain or
take care of it, ensuring there are no adverse damages by the homeowner or anyone else to that
area.
Chair Field commented that in affect, the city is establishing control over that portion of the
property next to Rogers Lake. Mr. Benetti confirmed.
Commissioner Noonan asked if there was a condition that requires them to dedicate an easement
off of the wetland. Chair Field referred him to the entirety of Condition 8.
Chair Field opened the public hearing.
Mr. Joe Crowley of Elevation Homes, 909 Washington Avenue North, noted that they are a
division of Streeter and Associates, which has been building homes in the metropolitan area for
over 35 years. This division is going on their 12th year. He expressed his appreciation to Mr. Ruzek
and Mr. Benetti and to the City of Mendota Heights for being extremely welcoming.
Couple of points he wished to make:
• Swimming Pool – in terms of water discharge, many times now they are underwater closes;
so very minimal water has to be discharged unless the liner is being replaced. Water being
removed from the top of the pool cover can be directed wherever the city would like.
• Septic and Well – there was a well and a septic on site. The septic has been abandoned and
the well has been capped. They are currently hooked up to city sewer and water. They will
scope the lines to determine their condition for continued use or replacement.
April 24, 2018 Mendota Heights Planning Commission Meeting – Approved Page 4 of 5
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO,
TO CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO,
TO RECOMMEND APPROVAL OF PLANNING 2018-10 WETLANDS PERMIT
APPLICATION, BASED ON THE FOLLOWING FINDINGS OF FACT:
1. The use of the subject parcel as a new single-family residential dwelling is consistent with
the City Code and Comprehensive Plan.
2. The planned development of the new dwelling, garage and swimming pool is considered a
reasonable request, and is consistent with the City Code and Comprehensive Plan.
3. The proposed residential home meets the required setbacks and other standards established
under the R-1 One Family District.
4. The proposed garage and residential structure will be compliant with the conditions
included in the City Code.
5. The proposed new residential home project and any related construction activities will not
cause or create any negative impacts to the ecologically sensitive area of the wetlands or
Rogers Lake area, due to the implementation of new wetland setback and unaltered
shoreland areas; and the proximity and separation of the structure from said water features.
AND WITH THE FOLLOWING CONDITIONS:
1. The new single-family development, including the dwelling structure, garage and
swimming pool shall comply with all standards and rules under Title 9 Building
Regulations (ref. Ch. 2 Swimming Pools) and Title 12 Zoning of the City Code.
2. The new single-family development shall comply with or exceed the applicable standards
and conditions noted under Title 12, Chapter 2 Wetlands Systems of City Code.
3. The Applicant/Owners shall submit a final grading plan, utility plan and a dimensioned site
plan subject to review and approval by the Engineering Department and Planning
Department as part of any building permit application.
4. 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.
5. A building permit must be approved prior to the commencement of any construction work;
site construction shall occur only between the hours of 7:00 am and 7:00 pm.; and full
erosion/sedimentation measures shall be installed prior to commencement of work and
maintained throughout the duration of the construction project.
6. No disturbance, grading work or any type of construction activities, besides installation of
erosion control measures and/or limited vegetation removal, shall occur within the 25-ft.
buffer strip along the northerly wetland feature; or within the buffer area defined between
the wetland setback line and the OHWM line of Rogers Lake to the south; or on slopes
25% or greater.
April 24, 2018 Mendota Heights Planning Commission Meeting – Approved Page 5 of 5
7. All new trees and wetland buffer areas shall be planted with approved native trees and
pollinator friendly and wetland suitable plantings, as per the city’s Native Plant List.
8. The Property Owner shall dedicate a 10-foot wide drainage and utility easement along the
eastern property line within the vacated Rogers Avenue right-of-way; and a new permanent
drainage and utility easements over the entire northerly wetland area, which should include
the 25-foot non-disturbance buffer strip from the delineated wetland edge, with said
easements to be denoted on the Certificate of Survey or separate easement agreement
submitted and recorded with Dakota County.
9. All disturbed areas in and around the project site shall be restored and have an established,
protected and permanent ground cover immediately after the project is completed.
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its May 1, 2018 meeting.
Announcements / Update on Developments
Community Development Director Tim Benetti noted that everything is progressing well on the
new Gemini Medical site; and The Reserves of Mendota Heights (Plaza apartments) are doing well
and wrapping up construction.
Clean Up Day has been scheduled for Saturday, May 5, 2018 at Mendakota Park from 8:00 a.m.
to Noon.
Minnesota Public Radio (MPR) is hosting a large clean up event at Valley Park on Saturday, April
28, 2018 to do buckthorn busting and seed casts. They anticipate approximately 200 volunteers.
Adjournment
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL,
TO ADJOURN THE MEETING AT 7:22 P.M.
AYES: 7
NAYS: 0