2019-09-24 Planning Comm MinutesSeptember 24, 2019 Mendota Heights Planning Commission Meeting Page 1 of 10
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
September 24, 2019
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday,
September 24, 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
Approval of Agenda
The agenda was approved as submitted.
Approval of August 27, 2019 Minutes
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT
TO APPROVE THE MINUTES OF AUGUST 27, 2019
AYES: 7
NAYS: 0
Hearings
A) PLANNING CASE 2019-25
INDEPENDENT SCHOOL DISTRICT #197 (SOMERSET ELEMENTARY SCHOOL)
VARIANCE
Community Development Director Tim Benetti explained that Independent School District #197
is looking to construct three new additions on the Somerset Elementary School; the gymnasium
addition was the only one requiring a Variance due to the height. Notices for this public hearing
were mailed to all properties within 750 feet of the school and was published in the Pioneer Press.
Staff met with one homeowner to the north of the school site and shared her concerns later in the
meeting. She was also in attendance.
In 2018 voters approved a $117M building bond for the school district for upkeep and modernizing
outdated educational spaces. Somerset Elementary is located in the R-1 District and guided for S-
School (Institutional) use. Height limits in this district are restricted to 25 feet.
The parcel is located right off of Dodd Road, is 9.3 acres in size, a contains a 33,194 square foot,
two-story, school facility with parking for visitors and staff, a bus/delivery service area, and
playground with a small ball field.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 2 of 10
Part of their plan is to reconfigure the parking lot to improve the school’s bus drop-off and
visitor/staff parking lot area. This new plan calls for the parking to be split or separated into two
areas. There would be no changes to the access points along Dodd Road.
The school also provided a new landscape plan with new landscaping to be provided along the
north side for additional screening. The homeowner on the north side has a long driveway is almost
up against the property line. All of the plantings would be inside the school property line.
Of the three new additions – elevator, classroom, and gymnasium – only the gymnasium required
a variance and was under consideration. This new gymnasium addition is 56 feet by 86 feet to be
added to the existing school gymnasium/cafeteria space. The addition has a 30-foot height on the
front and north sides, and a 41-foot height in the back. The city only measures the height from the
front building grade elevation.
Mr. Benetti reviewed the criteria to be met when considering a Variance request and explained
how this application met those criteria.
Mr. Benetti shared the concerns raised by the neighbor to the north by pointing out where her
house sits in relation to the gymnasium and her concerns about lights or windows on the backside
of the building; however, the images of the new facility show no windows on that side. There is
only one light planned over the rear door; upon talking to the architect it was discovered that the
light would be LED with a downcast cut-off. There would be no type of unshielded light source in
that area. There are no other lights planned for that side of the building.
A concern was also raised about students crossing over their lot; so a question was asked of the
architect if they would be able to provide a fence. That answer was deferred to the architect.
Chair Magnuson, referencing the new parking lot, asked if it would be lit. Mr. Benetti replied in
the affirmative and explained that any new lights would be the downcast cut-off type.
Ms. Jennifer Tuttle, LSC Architects explained that this project was very similar to the one reviewed
by the Commission for Friendly Hills. The height variance request is due to the requirements for
the functionality of the space. The building materials are compatible with the existing facilities;
and the existing 50-foot buffer or tree line between the neighbor and the school should do quite a
bit to buffer the view.
As far as the parking separation – bus traffic from the parent traffic, it is a safety issue and is
planned at each of the elementary schools throughout the district.
Commissioner Mazzitello asked if the landscape plan had been reviewed by the Master Gardeners
who work with the public works department on satiation and layout. Ms. Tuttle was not aware of
any review taking place. The landscape architect, Mr. Jay Pomeroy, Anderson-Johnson Associates,
Inc. replied that he had just met with a master gardener on Henry Sibley and generated this plan.
The plans they have incorporated into the Somerset plan and plants that she recommended for
other facilities in Mendota Heights. He would have no objections with meeting with the Master
Gardeners again.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 3 of 10
Commissioner Mazzitello asked if they considered aligning the south curb cut with Emerson
Avenue. Mr. Pomeroy replied that they met with city staff and, since MnDOT just improved Dodd
Road, it was requested that they not touch that. Also, if they were to install that curb cut, it would
shorten the drop off lane.
Chair Magnuson noticed in the packet that the existing gymnasium is 27-feet in height and this is
proposed to be 30-feet tall. She asked if there was a reason why it needed to be an additional three
feet. Ms. Tuttle replied that the existing gymnasium is actually a gymnasium and cafeteria; on the
interior it is a sloping roof and does not function like a gymnasium should. This is one of the reason
why they need a new gymnasium. The 30-foot height is a standard height to get the clearance they
need – minimum parapet.
Chair Magnuson opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the
public hearing.
Ms. Jean Haskell, 1311 Dodd Road, expressed her appreciation to Mr. Benetti for spending a lot
of time with her to address her concerns. She noted that very little information was put out about
this. She was assured that the light issue would be dealt with – the lights that are there now glare
into her kitchen all night long. They occasionally have a problem with people thinking that their
driveway is a shortcut to the school’s parking lot. Now with the retaining wall there they will not
be able to do that. She would appreciate it when the school district puts out their maps that they
would mark the private properties as ‘private property’. The current map makes it look like their
property is part of the school district plan.
If the school could do some screening or landscaping on that side they would appreciate it. They
cannot put in anything on their side of the lot line because of the power lines. If they could do
some shrubbery on their side it would help a lot.
Ms. Tuttle returned and explained that Mr. Benetti had shared these comments with them and they
had a chance to ensure, when looking at the landscaping plans, that there was a buffer created.
They have increased the existing buffer to include the buffer between the driveway and the bus
drop as well.
In terms of fencing, a fence would really be of no benefit to the school district in that location. To
do so would probably impact the amount of landscaping that would be able to be installed as a
buffer.
Mr. Peter Olson-Skog, Superintendent ISD 197 said that they would be willing to work with the
neighbors on the trespassing issue.
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT,
TO CLOSE THE PUBLIC HEARING.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 4 of 10
AYES: 7
NAYS: 0
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER CORBETT,
TO RECOMMEND APPROVAL OF PLANNING CASE 2019-25 VARIANCE BASED ON
THE FOLLOWING FINDINGS OF FACT:
1. The scale and scope of the variance needed to justify and approve the extended height of
the proposed gym addition structure are considered consistent with the spirit and intent of
the City Code and Comprehensive Plan for the community, and may be approved as
presented.
2. The Applicant has proven or demonstrated a practical difficulty or reasonableness in this
case for granting of a variance to exceed the 25-ft. maximum height of structures in the
underlying R-1 Zone; and it is recognized the new gymnasium height is less than what
exists today with the bell tower on the original school house building.
3. The plight of the landowner is due to circumstances unique to the property, as this school
use is not a typical single-family use in the underlying R-1 One Family Residential District,
and therefore warrants approval or granting of said variance.
4. 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 this gym addition improvement can be
considered a reasonable improvement for the overall benefit and enjoyment of the school,
its students, faculty, and the community.
AND WITH THE FOLLOWING CONDITIONS:
1. The Applicant shall obtain all necessary building permit for the new structure identified
herein, including any fences or electrical permits as necessary.
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: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its October 2, 2019
meeting.
B) PLANNING CASE 2019-26
MATTHEW MOSVICK, 1135 ORCHARD PLACE
CRITICAL AREA PERMIT
Community Development Director Tim Benetti explained that Mr. Matthew Mosvick was seeking
a Critical Area Permit to construct a new single family home at 1135 Orchard Place. The property
is located in the Mississippi River Corridor Critical Area, thus the requirement for a Critical Area
Permit. This item was heard under a public hearing and notices were sent to all property owners
within 350 feet of the subject property. There were no comments or objections received.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 5 of 10
The parcel is located mid-block between Lexington Avenue and Orchard Circle, just north of
Ocean Heights. This lot was created in June 2019 under Resolution 2019-42, approval of a lot
split, when Mr. Mosvick separated the lot from his mother’s lot next door.
Mr. Mosvick plans to construct a 4,650 square foot dwelling with an attached three-car garage;
there would a single access point onto Orchard Place. The dwelling would have a setback of 57-
feet, side yard setbacks will be 16.5-feet on each side, and a rear yard setback of approximately
48-feet from the deck edge.
Mr. Benetti shared the provisions necessary for a Critical Area Permit and noted that the
construction of the new building would have little, if any, affect upon the existing Mississippi
Critical Area or the surrounding neighborhood environment. He also noted that this is one of the
very few lots that has no bluff line; it is over 1,200 from the Mississippi River; and there are no
adjacent water bodies.
Commissioner Corbett noted that Condition #4 provides a work hours and asked if it was consistent
with the Orchard Heights Development. Mr. Benetti confirmed that this was the same.
Chair Magnuson opened the public hearing and asked the applicant to come forward. Mr. Matt
Mosvick had nothing to add to Mr. Benetti’s report.
Mr. Jay Phillips, 1127 Orchard Place, stated that he may break protocol here a bit because he was
unfamiliar with the critical area and how far it extends. He was under the impression that his home
was not in the critical area; however, if Mr. Mosvick’s home is then his is probably as well. Chair
Magnuson noted that he probably was and asked for confirmation from Mr. Benetti. Mr. Benetti
replied that most of the properties along the north edge of Orchard are in the critical area but he
was unsure how far towards Lexington Avenue it went. This is a line set by the Department of
Natural Resources and the city has no control over it. Commissioner Mazzitello noted that public
works has a map and Public Works Director Ryan Ruzek was obtaining that.
Upon review of the map, it was discovered that all of the properties on the north edge of Orchard
– all of the way to Lexington Avenue – are in the Mississippi Critical Area.
Mr. Phillips then listed new constructions in the identified critical area and asked, if they were
required to, did they obtain Critical Area Permits. Mr. Benetti replied that the Hunter house was
just reviewed a few months ago for a Critical Area Permit. The new house on the east side of the
Hunter – the Weisbecker lot – is not in the critical area. The property on Lexington at the end of
Marie Avenue – it is unknown at this time if they obtained a Critical Area Permit. Mr. Phillips
mentioned other properties and asked why some work is under the critical area requirements and
some are not. Chair Magnuson replied that all properties located in the critical area are required to
obtain Critical Area Permits if there is construction on the properties. She believed there was an
issue whether a boulder wall constitutes construction or not because it is not a structure – if under
four feet tall. Residents who live in the Mississippi Area Corridor are advised to check and see if
their actions require a permit.
Chair Magnuson asked for a motion to close the public hearing.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 6 of 10
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO,
TO RECOMMEND APPROVAL OF PLANNING CASE 2019-26, CRITICAL AREA PERMIT,
BASED ON THE FOLLOWING FINDINGS OF FACT:
1. The proposed single-family dwelling project meets the purpose and intent of the Critical
Area Overlay District.
2. The proposed work and disturbance to construct this new single-family dwelling is deemed
minimal, reasonable and within the spirit and intent of the Critical Area Overlay District.
3. The proposed single-family dwelling project will be a nice addition to the neighborhood
and is in keeping with the character of the area.
4. The construction of this new single-family dwelling will comply with all standards and
regulations of the Zoning Ordinance and other applicable ordinances.
AND WITH THE FOLLOWING CONDITIONS:
1. A building permit, including all new grading and drainage work, must be approved by the
City of Mendota Heights prior to the commencement of any new construction work.
2. Full erosion and sedimentation measures will be put in place prior to and during grading
and construction work activities.
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. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM
Monday through Friday; 9:00 AM to 5:00 PM weekends.
5. All disturbed areas in and around the project site shall be restored and have an established
and permanent ground cover immediately after the project is completed.
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its October 2, 2019
meeting.
C) PLANNING CASE 2019-27
CITY OF MENDOTA HEIGHTS / METRO STORAGE, LLC
ZONING CODE AMENDMENT
Community Development Director Tim Benetti explained this request was filed on behalf of Metro
Storage, LLC with cooperation with the City of Mendota Heights looking at amending the city’s
current floor area ratio (FAR) standard for uses in the I-Industrial District. This item was presented
under a fully noticed public hearing; not comments or objections were provided.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 7 of 10
On August 27 of this year, the Planning Commission heard a request from Metro Storage, LLC
for a Conditional Use Permit to allow a new three-story, 117,810 square foot interior only self-
storage facility. Self-storage uses were recently added under Ordinance 538 approved in May
2019. Metro Storage, LLC also requested a Variance to the FAR standard, which is currently 0.5
and they wanted to go up to 1.23. The motion failed on a 3-3-1 vote, resulting in no decision or
recommendation. A follow-up motion was made to table the decision and staff was directed to
prepare and present a separate code amendment to the industrial zoning code to alter the FAR
standard.
The FAR is a numerical value obtained by dividing the floor area of a building or buildings by the
lot area on which the building is, or to be, located. The 0.5 FAR standard imposes challenging
restrictions on the planned or desired overall size of a proposed building space, especially when
referring to the construction of a multiple storied building.
Staff provided a Comparison Table of Metro Cities FAR/Lot Coverage/Building Height Standards,
showing that a majority of the cities in the area do not have an FAR in their industrial districts.
However, Bloomington, Minneapolis, and St. Paul do have FARs. These range from 2.0 – 5.0,
which is a lot more than Mendota Heights currently has. Others have ranges from 0.5 to 1.5.
Mendota Heights is consistent with building coverage, lot cover, green space, and building height
requirements.
Upon reviewing the FAR of buildings currently in the city’s industrial district, all of the buildings
meet or are below the 0.5 ratio; with the exception of one that is at a 0.92 ratio. There is one other
that is at 0.51.
Staff requested that the Commission either remove the current FAR or amend the ordinance with
a new higher ratio standard of 1.5 or 2.0.
Commissioner Petschel asked if there was a case that justifies the existence of the FAR that is not
taken care of by the height; maybe something like 5-foot ceilings.
Commissioner Noonan noted that he reviewed the discussion in the minutes of the last meeting
and wondered at what point the FAR, in many suburban locations, was deemed somewhat
antiquated. And was it antiquated because the FAR, in its current location, was there to control the
massing. Whereas, combining the building coverage, the setbacks, the height limitations, the
parking regulations, increases the limitations and therefore says a lot about eliminating the FAR
all together.
Chair Magnuson noted that any city, with the exception of South St. Paul, that had an FAR did not
have a maximum building coverage. The cities that did not have FARs tended to have a maximum
building coverage or maximum lot coverage. It seemed to her that the trend is to have one or the
other, but not both. The only question she would have then would be was if there was any need or
interest in addressing green space, in addition to maximum building coverage. Mr. Benetti replied
that in the industrial district there is increased setbacks for the business and industrial districts for
their parking. There are more than what is seen in a typical residential or business center. There
September 24, 2019 Mendota Heights Planning Commission Meeting Page 8 of 10
are larger setbacks for parking and for buildings – the purpose of which is to allow or provide for
the increased green space.
Commissioner Corbett asked what the intent of a minimum FAR was – just to drive efficient use.
Mr. Benetti replied that was probably the correct intent. It is to limit the scale of a development.
Chair Magnuson opened the public hearing.
Seeing no one coming forward wishing to speak, 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 NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO,
TO RECOMMEND APPROVAL OF PLANNING CASE 2019-27, ORDINANCE NO. 544, “AN
ORDINANCE AMENDING TITLE 12, ARTICLE G, I INDUSTRIAL DISTRICT, CHAPTER 1
GENERAL PROVISIONS REGARDING FLOOR AREA RATIO STANDARDS” where the
subpart section F. Floor Area Ratio: Floor area ratio shall not exceed 0.5, under Sect. 12-1G-7 is
removed
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its October 2, 2019
meeting.
D) PLANNING CASE 2019-20
METRO STORAGE, LLC, 1178 NORTHLAND DRIVE
CONDITIONAL USE PERMIT AND VARIANCE
Community Development Director Tim Benetti reminded the Commission that this item was
tabled at the last Planning Commission Meeting in order to allow staff and the Applicant time to
prepare and present a new Zoning Code Amendment to remove the floor area ratio (FAR)
requirements. That zoning amendment was just recommended for approval by the Commission in
the previous public hearing. Since that amendment has been recommended for approval, the
request for the Variance can be disregarded.
Mr. Benetti reviewed the information for the Conditional Use Permit that was shared at the August
27, 2019 Planning Commission Meeting for this three-story, interior only, self-storage facility.
The building would be just under 118,000 square feet total, has nice features, the site fits well,
parking would be along the front and side, one entry in / out, all of the setbacks are met, all parking
September 24, 2019 Mendota Heights Planning Commission Meeting Page 9 of 10
lot setbacks are met, no need for a Variance, all new lighting will be downcast cut-off, retention
pond adding to the open space, and landscaping.
Chair Magnuson asked, since an applicant has been filed for a Variance, would it be more
appropriate to see if the applicant would like to withdraw the application. The Commission could
take action on it or could laterally determine that the issue is moot at this point because of the
ordinance proposal going to the City Council. She would feel more comfortable if the applicant
were to simply withdraw the Variance request.
Commissioner Mazzitello noted that the ordinance amendment has not been adopted by the City
Council yet. It is possible that they would not adopt it, in which case the Variance would still be
needed.
Commissioner Noonan suggested, rather than having the applicant withdraw the Variance request,
that the Commission would table the application until the Council takes action. Chair Magnuson
clarified that he suggested that the Commission take action on the CUP, table any action on the
Variance, and wait to see what the City Council does on the proposed amendment. If the Council
were to approve the proposed amendment, then the applicant could circle back with staff to
withdraw the request for Variance.
Commissioner Petschel asked if there would be any rationale to adding a condition to the CUP
basically making it subject to the adoption of the proposed ordinance amendment. Commissioner
Mazzitello replied that the proposed ordinance does not affect the CUP.
Commissioner Mazzitello asked, if the City Council were to not adopt the proposed amendment,
does the applicant have to wait another month to come back to the Planning Commission for them
to act on the application for Variance. Mr. Benetti replied that the Variance should be tabled
pending the action of the City Council. If the proposed amendment is denied, then the applicant
would have to come back to the Planning Commission if they decided to go ahead with the FAR
above 0.5. The CUP would have to come back as well.
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT, PLANNING CASE 2019-
20 FOR METRO STORAGE LLC AT 1178 NORTHLAND DRIVE SUBJECT TO
ALTERNATIVE #1 IN THE SUPPLEMENTAL STAFF MEMO ON PAGE 2 AND 3
Mr. Benetti noted a correction on page 3 – striking of Condition #12. Commissioner Mazzitello
accepted the correction as part of his motion.
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its October 2, 2019
meeting.
September 24, 2019 Mendota Heights Planning Commission Meeting Page 10 of 10
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER KATZ, TO
TABLE THE VARIANCE REQUEST FOR METRO STORAGE, LLC UNTIL AFTER
CONSIDERATION BY THE CITY COUNCIL OF PLANNING CASE 2019-27 ORDINANCE
NO. 544, “AN ORDINANCE AMENDING TITLE 12, ARTICLE G, I INDUSTRIAL
DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO
STANDARDS” where the subpart section F. Floor Area Ratio: Floor area ratio shall not exceed
0.5, under Sect. 12-1G-7 is removed ON OCTOBER 2, 2019; AND THE APPLICANT BE
DIRECTED TO WITHDRAW THE REQUEST FOR VARIANCE SHOULD THE PROPOSED
AMENDMENT BE ADOPTED BY THE CITY COUNCIL
AYES: 7
NAYS: 0
Staff Announcements / Updates
• Reminder: the October 22, 2019 Planning Commission Meeting will start at 8:00 P.M. due
to Simchat Torah holiday
Community Development Director Tim Benetti gave the following verbal review:
Planning Case 2019-23; Garland’s Inc. / JBT LLC, 2240 Enterprise Drive; Conditional Use Permit
for Outdoor Sale Lot; Approved by the City Council as recommended by the Planning
Commission
Planning Case 2019-17; Edward Sweeney, 777 Wentworth Avenue; Preliminary Plat; Approved
by the City Council as recommended by the Planning Commission
The first permit for the Orchard Heights Development came in last week; the first of the potential
18 new houses.
The vacant lot along Dodd, in The Village, were put out for RFP and a developer has been chosen
– Grand Real Estate Advisors. They are doing some pre-testing or site soil testing. They are looking
at doing a new 42-unit building for residents 55 years of age and over; with a 4,500 square foot
restaurant and a 2,000 square foot ‘co-working’ space. Their applications will probably come to
the city sometime in November or December 2019. They will be coming to the Commission for a
PUD amendment because the original PUD called for a 19 townhomes or home offices. The work
being done in the area currently is for a trail construction.
Adjournment
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN,
TO ADJOURN THE MEETING AT 8:04 P.M.
AYES: 7
NAYS: 0