2019-07-11 Planning Comm Minutes Special MeetingJuly 11, 2019 Mendota Heights Planning Commission Meeting Page 1 of 6
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SPECIAL PLANNING COMMISSION MEETING MINUTES
July 11, 2019
The special meeting of the Mendota Heights Planning Commission was held on Thursday, July
11, 2019 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Mary Magnuson, Commissioners John
Mazzitello, Patrick Corbett, Michael Noonan, Michael Toth, Brian Petschel, and Andrew Katz.
Those absent: None
Hearing Continuation
A) PLANNING CASE #2019-18
INDEPENDENT SCHOOL DISTRICT #197 – HENRY SIBLEY HIGH SCHOOL
VARIANCE TO EXCEED MAXIMUM HEIGHT LIMIT
Upon seeing quite a few residents in attendance, Chair Magnuson clarified for the record that this
was a request for a height variance; it is not about whether or not there would be a swimming pool.
There is no need for a lot of conversation about the need for a pool. What they do need to talk
about is the design. The conversations that the school district has had with the area residents who
were concerned about the siting of the facility, the landscaping, and other issues. She requested
the attendees limit their comments to the item under consideration; which was the height variance.
Commissioner Mazzitello asked for a show of hands of how many of the attendees were in favor
of the height variance and were in support of the construction of the Aquatic Center. Mr. Mazzitello
reported approximately 90% of the attendees raised their hands.
Community Development Director Tim Benetti explained that Independent School District #197
on behalf of Henry Sibley High School requested three Variances to Exceed Maximum Height of
Structures in the R-1 One Family Residential District; for each for the Aquatic Center, the
Gymnasium, and the Entryway. At the June 25, 2019 regular meeting of the Planning Commission,
they elected to recommend approval of the Variance requests for the Gymnasium and the
Entryway. However, due to questions and concerns raised regarding the Aquatic Center Variance
request, it was pulled and the public hearing left open to allow the school district and the developer
to meet with residents.
Mr. Benetti noted for the record that the City Council took action on t he two variances related to
the gymnasium and entryway at their July 2, 2019 regular meeting; they adopted Resolution 2019-
48 approving the variances by a vote of 3-1.
Returning to the topic of the Aquatic Center, Mr. Benetti explained that the original request was
for a 35-foot 8-inch height variance; they have lowered that to a 31-foot 8-inch height.
July 11, 2019 Mendota Heights Planning Commission Meeting Page 2 of 6
The building was originally placed at a 30-foot setback from Delaware Avenue; it is now being
placed at a 35-foot setback. The school district has also agreed to install a small earthen berm along
the westerly edge of Delaware Avenue in order to provide natural screening of the aquatics
building from the residents.
Mr. Benetti shared images or renderings of the aquatic center building and the landscape plan. He
also shared the Traffic & Parking Analysis and the Variance Process shared at the last Planning
Commission Meeting.
Ms. Jennifer Anderson-Tuttle with LSE Architects came forward and expressed her appreciation
for the Planning Commission taking time for this special meeting to help with the progress of this
project. She shared the following things that have taken place since the June 25, 2019 meeting:
Three neighborhood meetings – positive and collaborative discussions
Worked diligently and found ways to work balancing both the district’s need to stay within
a very fiscally responsible budget and accommodate being a very good neighbor
Moved the building down by four feet
o They did not lower the original height of the building because of the height required
for the space within it
o They are excavating more soil away to bring the elevation of the building itself down
Added the berms along the side of the building
Created a dense landscaping buffer
Talked with residents about window locations and the use of day lighting
Moved the building back 5 additional feet from Delaware Avenue
Mr. Peter Olson-Skog, Superintendent stated that he too believed the conversations and meetings
with the neighbors was very positive and collaborative.
Commission Mazzitello expressed his appreciation for the school district working with the
neighbors on the modifications made. He asked if moving the building down by four feet create
any accessibility issues or anything that would put accessibility to the building in jeopardy. Ms.
Anderson-Tuttle replied in the negative and stated that the district has made a real strong
commitment to accessibility on all of the projects; that would not have been something that they
would have been able to do – it actually helped a little bit by elevating the need for some ramping.
Commissioner Noonan noted that the renderings showed the transition in the height of the building
and asked how much of the elevation is above the 25 foot height. Ms. Anderson-Tuttle pointed out
the answer on the rendering.
Commissioner Noonan then asked about the berm and the height thereof; which Ms. Anderson-
Tuttle replied that anything over three feet in height would require a retaining wall. He then asked
about the mature trees being installed, which Ms. Anderson-Tuttle shared the number, height, and
types of trees to be installed.
Chair Magnuson, referencing concerns raised at the last meeting about lights emitting from the
windows, asked if they came to some kind of resolution in their discussions. Ms. Anderson-Tuttle
replied that the discussion had was that the district would be very receptive to including some kind
July 11, 2019 Mendota Heights Planning Commission Meeting Page 3 of 6
of window treatments to eliminate night lighting. There was really no discussion about what types
those would be. Shades were committed to but what type of shades has not been determined.
Chair Magnuson opened the public hearing first to anyone who was in opposition of the variance
request. There were no speakers in opposition to the variance request.
Chair Magnuson then stated that the Commission could take testimony from folks who were in
support of the variance request; and the Commission certainly did not want to preclude anyone
from the opportunity to express themselves. However, given the hands that were raised before the
Commission has a pretty good indication of where the attendees are at on this request; 99.9% of
the people in the room are in support. She opened the floor for anyone who wished to speak but
noted that the Commission understands their position and it would be taken into consideration
during the Commission’s deliberations.
Ms. Adrienne Meyers, 491 Deer Run Trail, West St. Paul, lives directly across Delaware Avenue
from the proposed aquatic center and spoke, reluctantly, in opposition to the aquatic center at the
June 25, 2019 Planning Commission meeting. However, this evening she was very happy to speak.
Her position on the requested height variance was never about whether or not to build the aquatic
center. She supported a new aquatic center at Sibley High School – she voted for it and believed
it was needed. Her position as a neighbor to the school was grounded in wanting to have a
meaningful dialogue with the district about how to mitigate the effects of then 35-foot tall 197-
foot long wall on the adjacent on the neighborhood. Their concerns related to the aesthetics of the
wall, light pollution, signage, loss of privacy from windows, landscaping, and traffic noise.
At the end of the last hearing the Commission asked the district and architects to meet with the
neighbors about these concerns. The very next day, several neighbors met at the building site with
Mr. Fortman [Mr. Mark Fortman, Director of Operations], Ms. Anderson-Tuttle, and a team of
architects. The meetings were positive and productive and resulted in the renderings included in
the Planning Commission’s packet. They were pleased to see those renderings that the building
was moved five more feet from Delaware Avenue and lowered four feet. They were also glad to
see the density and variety of trees and other landscaping, as well as an additional earthen berm,
all of which would provide additional screening of the wall from the neighborhood and the
buffering of traffic noise. These alterations would also help the aquatic center blend into bucolic
setting of the Sibley Campus with the adjacent residential neighborhood.
This morning a group of neighbors met again with Mr. Olson-Skog, Mr. Fortman, Ms. Anderson-
Tuttle, and Mr. Mannino. Ms. Anderson-Tuttle gave them a detailed landscaping plan, which they
were pleased to see added even more trees and landscaping. They confirmed that the existing berm
along Delaware would remain and that another smaller berm would be added. They also reviewed
samples of the precast concrete panels and were pleased to see that they matched the existing color
scheme of Sibley and would provide texture and visual interest and will blend in well with the
surrounding landscape.
The district also confirmed that they would not propose a sign on the eastern wall in its
Comprehensive Signage Plan. The district agreed to install blinds on eastern windows to prevent
light pollution and to protect the privacy of the residences during meets or other events that would
July 11, 2019 Mendota Heights Planning Commission Meeting Page 4 of 6
occur after dusk. The district confirmed that the solar panels on the roof would be installed as far
to the west as possible and would not be visible from the east. The district confirmed that the
building could not be moved any further west without impairing the turning radius needed for the
loading dock.
She believed that the modifications and agreements made by the school district makes the
requested height variance reasonable. Specifically, lowering the building four feet and adding a
three-foot berm brings the perceived height close to the allowable 25 feet. Although she bel ieved
the scale of the eastern wall in proximity to Delaware Avenue would alter the essential character
of the neighborhood, she understood that the relevant locality for the purposes of the practical
difficulties test includes both the Sibley Campus and the residential neighborhood. She was also
persuaded that the Sibley property is unique in that it is an institution located in a residential area
and that locating the pool elsewhere would take away from other desired uses of the property.
Thus, she believed that the school district met the practical difficulties test to obtain the variance.
She expressed her appreciation to the representatives of the school district, LSE Architects, and
ICS for meeting with the residents; but most of all for hearing them and truly collaborating with
them and the amount of time and effort they expended to do so. She also expressed her appreciation
to the Planning Commission for granting them the additional time to have these discussions and
for the time and effort expended in connection with this special hearing.
Chair Magnuson asked for a motion to close the public hearing.
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO
RECOMMEND APPROVAL OF PLANNING CASE 2019-18 VARIANCE REQUEST BASED
ON THE FOLLOWING FINDINGS OF FACT:
A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the
strict application of the provisions of the Code in cases where there are “practical
difficulties” in carrying out the strict letter of the regulations of the Code. “Practical
difficulties” consists of a three -part test: (i) the Applicant proposes to use the property in
a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant
is due to circumstances unique to the property not created by the Applicant; and (iii) the
variance, if granted, will not alter the essential character of the neighborhood. Economic
considerations alone do not constitute “practical difficulties.”
B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in
order to justify the granting of a Variance to allow the proposed aquatics building to exceed
the 25-ft. height limits in the R-1/R-1A One Family Residential District to 31-ft.-8-inches,
by the following:
i.) The proposed structure height increase is considered a reasonable request, based on
the overall scope, scale and use of the subject property as a high school campus
July 11, 2019 Mendota Heights Planning Commission Meeting Page 5 of 6
facility, and fits with the current design and layout of the existing school building
on the property; and is considered consistent with the spirit and intent of the City
Code and Comprehensive Plan;
ii.) The plight of the landowner is due to circumstances unique to the property, as this
proposed aquatics center building [and the related school facility buildings] are not
a typical single-family use in the underlying R-1 One Family Residential District;
and therefore warrants the approval or granting of such variances in this particular
case;
iii.) The excess heights of the new aquatics center is less than what exists today on the
school campus site, so there impacts will not be noticeable when compared to other
(pre-existing) structures on the campus site; and
iv.) The variances, if granted, will not alter the essential character of the neighborhoods;
since the school is and has been in place and operation for a number of years in the
community, and there is a general accepted expectation that school facility
improvements, such as this aquatics center can be considered a reasonable
improvement for the overall benefit and enjoyment of the school, its students,
faculty, and the community. Furthermore, the applicant has demonstrated an effort
to reducing the impacts to the neighborhoods by reducing the height of the proposed
aquatics building, moving the building away from the adjacent roadway, and
installing a new earthen berm as an added area and elevation for trees and plantings
that will provide an effective, natural screening to the neighborhoods.
C. The City has considered the factors required by Title 12-1L-5E1 of the City Code,
including but not limited to the effect of the Variances upon the health, safety, and welfare
of the community, existing and anticipated traffic conditions, the effect of the Variance on
the danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area, and upon the Comprehensive Plan, and has determined this Variances
will not affect or pose any negative impacts upon the neighborhood or the community in
general.
D. Approval of these Variances are for ISD-#197 (Henry Sibley High School) only, and does
not apply or give precedential value to any other properties throughout the City. All
variance applicants must apply for and provide a project narrative to the City to justify a
variance. All variance requests must be reviewed independently by City staff and legal
counsel under the requirements of the City Code.
E. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2019-18, dated and presented June 25, 2019 and July 11, 2019 (both on file with the City
of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-51.
F. The City has the authority to place reasonable conditions upon the property subject to his
Variance request. Conditions must be directly related to and roughly proportional to the
impact created by the variance. Conditions related to this transaction are as follows:
1) The Applicant shall obtain a building permit for the proposed aquatics
center building and related improvements and structures identified herein.
2) The Applicant shall not deviate or increase the height of the new aquatic
structure as approved or presented under this application. Any ch anges
must be reconsidered under a new application before the planning
commission and approved by the city council.
July 11, 2019 Mendota Heights Planning Commission Meeting Page 6 of 6
3) 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.
4) The Applicant shall not schedule or conduct a swim meet or any other
spectator event inside the aquatic center at the same time as a varsity
football home game.
5) The landscape plan shall be submitted to city staff for review by the Master
Gardener Volunteers.
Commissioner Noonan also asked if it would be appropriate for the Commission to add in another
condition that relates to what the school district promised so that there is a record of it in the
decision; specifically about the promise of no signage placed on the eastern faced wall of the
aquatic center. Furthermore, the school district agreed to provide the appropriate window
treatments on the eastern faced wall as well. Mr. Benetti replied that the minutes could speak for
that as they are the official forms of record of what was discussed and agreed to this evening, but
adding the conditions is also appropriate.
Commissioner Noonan suggested the following verbiage:
6) The future Comprehensive Signage Plan would not include a sign on the eastern facing
wall of the aquatic center
7) As plans are advanced, the school district will provide information on window
treatments on the eastern facing wall of the aquatic center
Commissioner Mazzitello agreed to this friendly amendment to his motion, as did Commissioner
Toth.
Commissioner Noonan expressed his thoughts on the time well spent in the discussions as they
provided a great opportunity for consultation with the neighbors to allow for an improvement of
the plans and for addressing the concerns. This was a great example of what community
consultations should look like and the results that can emerge from that process.
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its July 16, 2019
meeting.
Adjournment
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO ADJOURN THE MEETING AT 7:34 P.M.
AYES: 7
NAYS: 0