2020-08-25 Planning Commission MinutesApproved: 09/22/2020
August 25, 2020 Mendota Heights Planning Commission Meeting Page 1 of 5
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
August 25, 2020
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August
25, 2020 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, Litton Field, Michael Toth, Brian Petschel, and Andrew Katz. Those
absent: None
Approval of Agenda
The agenda was approved as submitted.
Approval of July 28, 2020 Minutes
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER TOTH TO APPROVE
THE MINUTES OF JULY 28, 2020.
AYES: 5
NAYS: 0
ABSTAIN: 2 (Mazzitello and Petschel)
Hearings
A) PLANNING CASE 2020-16
GRAND REAL ESTATE ADVISORS/MH DEVELOPMENT LLC, 725 LINDEN
STREET AND 735 MAPLE STREET – PRELIMINARY AND FINAL PLAT
Community Development Director Tim Benetti explained that Pope Architects, acting on behalf
of Grand Real Estate Advisors, is requesting consideration of a Preliminary Plat and Final Plat of
the former City-owned parcels, generally located in The Village at Mendota Heights. The lots are
bounded by Dodd Road to the west, Maple Street to the south, and Linden Street to the east. The
proposed title of the plat is “Mendota Heights Senior Living”.
Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments
or objections to this request were received.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
Staff recommended approval of this application based on the findings.
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August 25, 2020 Mendota Heights Planning Commission Meeting Page 2 of 5
Chair Magnuson asked if Outlot A would contain trees that would provide screening between the
condominiums and this facility.
Community Development Director Tim Benetti confirmed that area would remain undisturbed and
function as a needed drainage area and would also provide buffering.
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 TOTH TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO
RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND FINAL PLAT OF
MENDOTA HEIGHTS SENIOR LIVING, BASED ON THE FINDINGS OF FACT.
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its September 1, 2020
meeting.
B) PLANNING CASE 2020-18
JOHN STEVEKEN, 781 PONDHAVEN LANE – WETLAND PERMIT
Community Development Director Tim Benetti explained that John Steveken is seeking approval
of a Wetlands Permit to allow the installation of a new in-ground swimming pool on the property
located at 781 Pondhaven Lane.
Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments
or objections to this request were received.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
Staff recommended approval of this application based on the findings and with conditions.
Commissioner Mazzitello asked if the height requirement for a pool is five feet.
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August 25, 2020 Mendota Heights Planning Commission Meeting Page 3 of 5
Community Development Director Tim Benetti confirmed that the ordinance requires a minimum
of five feet.
Commissioner Toth referenced the ordinary high-water level of 874 and asked if that water level
has been stable over the years.
Community Development Director Tim Benetti explained how the number was developed through
modeling. He noted that the buffer requirement begins from that point.
Chair Magnuson stated that she cannot recall a situation where someone has been allowed to
encroach on the 25-foot setback and asked what would be done to ensure that there would not be
damage to the wetland from erosion or land disturbance.
Community Development Director Tim Benetti stated that the Natural Resources Technician is a
great resource and advocate for helping residents with projects of this nature and also conducts
reviews to ensure erosion control measures are in place.
Public Works Director Ryan Ruzek replied that minimum construction activity is required for
fencing and therefore staff is not too concerned.
Commissioner Mazzitello stated that there will be disturbance within the 25-foot buffer to
construct the pool and noted that draft condition four states that the applicant must restore plantings
in coordination with the Natural Resources Technician.
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 TOTH, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL
TO RECOMMEND APPROVAL OF A WETLANDS PERMIT TO JOHN STEVEKEN AND
THE PROPERTY LOCATED AT 781 PONDHAVEN LANE, WHICH WOULD ALLOW THE
CONSTRUCTION OF A NEW IN-GROUND SWIMMING POOL AND FENCE LOCATED
WITHIN 100 FEET OF A WETLAND, BASED ON THE FINDINGS OF FACT AND SUBJECT
TO THE FOLLOWING CONDITIONS:
1. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND
RULES UNDER TITLE 9 BUILDING REGULATIONS SECTION 9-2-1: SWIMMING
POOLS, AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA
STATE BUILDING CODE REGULATIONS. THE NEW FENCE MUST BE A
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August 25, 2020 Mendota Heights Planning Commission Meeting Page 4 of 5
MINIMUM OF 5 FEET IN HEIGHT AND FULLY INSTALLED AND INSPECTED
PRIOR TO USING THE SWIMMING POOL
2. THE NEW SWIMMING POOL AND RELATED STRUCTURE WORK SHALL
COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED
UNDER TITLE 12, CHAPTER 2 WETLANDS SYSTEMS OF CITY CODE.
3. DRAINING OR BACK-FLUSHING OF WATER FROM THE POOL SHALL BE
DIRECTED ONTO THE OWNER’S PROPERTY ONLY AND SHALL NOT DRAIN
DIRECTLY INTO THE POND/WETLAND SYSTEMS. ANY DRAINAGE ONTO
PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE
PERMISSION OF THE APPROPRIATE LOCAL CITY OFFICIALS.
4. THE APPLICANT/OWNER SHALL REPLANT AND RE-VEGETATE THE 25 FOOT
WETLAND BUFFER AREA WITH PLANTINGS AND MATERIALS PER THE
DIRECTION FO THE CITY’S NATURAL RESOURCES TECHNICIAN.
5. ANY NEW EXCAVATING, GRADING AND/OR CONSTRUCTION ACTIVITY
RELATED TO THE NEW POOL AND FENCE WORK SHALL 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. FULL EROSION/SEDIMENT MEASURES SHALL BE
INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED
THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT.
6. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT
OF ANY CONSTRUCTION WORK ON THIS POOL. SITE CONSTRUCTION SHALL
OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS;
AND 9:00 A.M. TO 5:00 P.M. WEEKENDS.
7. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE
RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT
GROUND COVER IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED.
AYES: 7
NAYS: 0
Chair Magnuson advised the City Council would consider this application at its September 1, 2020
meeting.
Staff Announcements / Updates
Community Development Director Tim Benetti gave the following verbal review:
The Park Commission reviewed the Culligan request and provided comments. Staff shared
concerns along with concerns expressed by neighboring property owners. The applicant is
completing soil borings/samples. This request is scheduled to come back to the Planning
Commission at the September meeting. The applicant is also investigating some of the variances
included in the original application.
In August, the Commission unanimously recommended approval of the request from 1217 Victoria
Curve but that application has been postponed because of concerns from neighbors. The applicant
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August 25, 2020 Mendota Heights Planning Commission Meeting Page 5 of 5
is reviewing the possibility of moving the home further south and will continue to hold discussions
with the neighboring property owners. He asked if the Planning Commission would feel
comfortable with the case still going forward to the City Council if the home were moved, as a
second public hearing would be held at the City Council or whether the Commission would feel it
necessary for the case to return to the Commission.
Commissioner Katz stated that he would like the case brought back to review in its totality.
Commissioner Field agreed that it would be difficult to have that recommendation of approval
remain if there are changes made to the request. The Commission confirmed consensus.
Commissioner Mazzitello asked and received confirmation that changes to the application would
result in the 60-day review period timeline starting over.
Community Development Director Tim Benetti stated that the City Council has changed its
meeting time to 6:00 p.m. He asked if the Commission would be interested in moving its start
time to 6:00 p.m. as well.
The Commission confirmed consensus with leaving the start time at 7:00 p.m.
Community Development Director Tim Benetti reported that the cell tower CUP was approved for
Verizon at Deerwood Bank and noted that Peterson Plat was also approved by the City Council
with a vote of 3-2.
Adjournment
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO
ADJOURN THE MEETING AT 7:33 P.M.
AYES: 7
NAYS: 0