2021-04-27 Planning Commission Meeting Agenda PacketCITY OF MENDOTA HEIGHTS
PLANNING COMMISSION AGENDA
April 27, 2021 – 7:00 pm
Mendota Heights - City Hall
MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a
meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is
not practical or prudent because of a health pandemic or declared emergency.
At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19
pandemic. As a part of this action, until further notice all Planning Commission meetings will be held by telephone or
through other electronic means, with social distancing measures in place. All public meetings will continue to follow
the requirements of the Minnesota Open Meeting Law.
Note that while all or most of the members of the Planning Commission will be participating remotely, the Council
Chambers in City Hall will be open to the public during this meeting, assuming that social distancing protocols are
followed. Interested individuals may access the meeting by using the meeting connection information below.
With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the
agenda items will need to contact the City Clerk (lorris@mendota-heights.com / 651.255-1138) or the Community
Development Director (timb@mendota-heights.com / 651.255.1142) no later than 12:00 Noon on the day of the
meeting, and provide their contact information and the agenda item which they want to address. Note that any
applicable long-distance telephone charges may apply.
Public Attendance is available via telephone: 1-312-535-8110; Meeting Access Code: 133 756 8889 # #
For viewing City Council meetings, tune in to Comcast Cable Channel 18 or view online at
https://www.townsquare.tv/webstreaming during the posted meeting times.
Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming .
1. Call to Order / Roll Call
2. Adopt Agenda
3. Approval of the February 23, 2021 regular meeting minutes
4. Approval of the March 23, 2021 work session minutes
5. Public Hearings
a. Case No. 2021-01 Variance for property located at 573 Hiawatha Avenue – Dale Krystosek
(Applicant / Owner)
b. Case No. 2021-02 Conditional Use Permit and Variances for property located at 806 Bachelor
Avenue – Michael Cashill (Applicant / Owner)
6.BOARD of APPEALS
a. Case No. 2021-03 Appeal of Zoning Decision regarding proposed Massage Therapy Use as a
Home Occupation in the R-1 Zone and in an accessory structure – property located at 2159
Delaware Avenue – Julie A. Olson (Applicant) and Mike & Julie Gerend (Owners)
7. Staff Announcements / Updates
8. Adjourn Meeting
February 23, 2021 Mendota Heights Planning Commission Meeting Page 1 of 9
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
February 23, 2021
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February
23, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Commissioners Patrick Corbett, Litton Field, Sally
Lorberbaum, Cindy Johnson, Michael Toth, Andrew Katz and Brian Petschel (arrived/appeared at
7:22 p.m.). Those absent: None.
Election of Planning Commission Chair and Vice Chair for 2021
Community Development Director Tim Benetti opened the floor for nominations for the Chair
position for the next one year.
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO
NOMINATE LITTON FIELD AS CHAIR OF THE PLANNING COMMISSION FOR 2021.
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ TO
NOMINATE PATRICK CORBETT AS CHAIR OF THE PLANNING COMMISSION FOR
2021.
FURTHER DISCUSSION: COMMISSIONER KATZ SUGGESTED THAT EACH NOMINEE
BE ALLOWED TO MAKE A STATEMENT.
COMMISSIONER FIELD STATED THAT HE HAS BEEN A LONG TIME RESIDENT OF
MENDOTA HEIGHTS AND HAS A LARGE AMOUNT OF EXPERIENCE ON THE
PLANNING COMMISSION IN BOTH MENDOTA HEIGHTS AND SAINT PAUL.
COMMISSIONER CORBETT COMMENTED THAT HE DOES NOT HAVE THE SAME
EXPERIENCE BUT IS EAGER TO PARTICIPATE AND LEARN MORE AND WOULD
WELCOME THE OPPORTUNITY TO SERVE AS CHAIR.
A ROLL CALL VOTE WAS PERFORMED TO ELECT LITTON FIELD AS CHAIR:
COMMISSIONER KATZ AYE
COMMISSIONER TOTH NAY
COMMISSIONER LORBERBAUM AYE
COMMISSIONER JOHNSON AYE
COMMISSIONER CORBETT NAY
COMMISSIONER FIELD AYE
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 2 of 9
AYES: 4
NAYS: 2
A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS CHAIR:
COMMISSIONER JOHNSON NAY
COMMISSIONER LORBERBAUM NAY
COMMISSIONER TOTH AYE
COMMISSIONER KATZ AYE
COMMISSIONER FIELD NAY
COMMISSIONER CORBETT AYE
AYES: 3
NAYS: 3
COMMISSIONER LITTON FIELD WAS ELECTED TO THE POSITION OF CHAIR.
Community Development Director Tim Benetti opened the floor for nominations for the position
of Vice Chair.
COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER LORBERBAUM TO
NOMINATE SALLY LORBERBAUM AS VICE CHAIR OF THE PLANNING COMMISSION
FOR 2021.
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH TO
NOMINATE PATRICK CORBETT AS VICE CHAIR OF THE PLANNING COMMISSION
FOR 2021.
FURTHER DISCUSSION: COMMISSIONER LORBERBAUM RECOGNIZED THAT SHE IS
NEW TO THE GROUP BUT PREVIOUSLY SERVED 12 YEARS ON THE PLANNING
COMMISSION AND SIX OF THOSE YEARS AS CHAIR. SHE WOULD LOOK FORWARD
TO THE OPPORTUNITY TO SERVE IN THIS POSITION.
COMMISSIONER CORBETT COMMENTED THAT HE WOULD WELCOME THE
OPPORTUNITY TO SERVE IN THIS POSITION AND WOULD LOVE TO SEE SOMEONE
RECEIVE THIS OPPORTUNITY THAT HAS NOT PREVIOUSLY SERVED IN THIS
CAPACITY.
A ROLL CALL VOTE WAS PERFORMED TO ELECT SALLY LORBERBAUM AS VICE
CHAIR.
COMMISSIONER TOTH NAY
COMMISSIONER JOHNSON AYE
CHAIR FIELD AYE
COMMISSIONER KATZ NAY
COMMISSIONER CORBETT NAY
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 3 of 9
COMMISSIONER LORBERBAUM AYE
AYES: 3
NAYS: 3
A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS VICE
CHAIR:
COMMISSIONER JOHNSON NAY
COMMISSIONER LORBERBAUM NAY
COMMISSIONER TOTH AYE
COMMISSIONER KATZ AYE
CHAIR FIELD NAY
COMMISSIONER CORBETT AYE
AYES: 3
NAYS: 3
Community Development Director Tim Benetti reported a tied vote for the candidates.
The Commission decided to table the decision of Vice Chair to the next meeting when
Commissioner Petschel is present to break the tie.
Approval of Agenda
The agenda was approved as submitted.
Approval of December 17, 2020 Minutes
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH TO APPROVE
THE MINUTES OF DECEMBER 17, 2020.
A ROLL CALL VOTE WAS PERFORMED:
COMMISSIONER CORBETT AYE
COMMISSIONER TOTH AYE
COMMISSIONER KATZ AYE
CHAIR FIELD AYE
COMMISSIONER LORBERBAUM ABSTAIN
COMMISSIONER JOHNSON ABSTAIN
Hearings
There were none.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 4 of 9
New or Unfinished Business
A) REVIEW OF DRAFT ORDINANCE REGULATING ADULT-ORIENTED
BUSINESSES AND USES IN THE CITY OF MENDOTA HEIGHTS
Community Development Director Tim Benetti stated that the intent was to have a draft ordinance
for the Planning Commission to review tonight but legal counsel wanted additional time to work
with staff to draft an ordinance that would be relevant to the current case laws and that would be
fair and reasonable. He stated that staff intends to bring back more information for the
Commission to review in the near future.
Commissioner Toth asked if the City has been approached by business owners to open this type
of business in the past.
Community Development Director Tim Benetti replied that he received a call from a party two
years that was interested in bringing a sexually orientated business into the community, which is
when he realized the City did not have an ordinance addressing those types of businesses. He
stated that he told that interested party that the business is not listed as an allowed use and the
business owner moved on. He stated that following that, the City enacted a moratorium, but staff
was too busy during that time and was unable to accomplish that goal.
Commissioner Corbett asked if any work has been done to determine the numbers related to the
percentages listed.
Community Development Director Tim Benetti stated that initially the draft he prepared simply
provided a mechanism for those businesses to be conditionally allowed in industrial zones with
distance standards from certain types of existing businesses. He noted that the City Attorney
provided additional input and wanted to ensure that analysis and mapping was done related to that
five percent. He stated that staff will use the GIS mapping services to show that five percent and
confirmed that would be part of the overall presentation that comes forward.
Commissioner Corbett stated that he would be shocked if there is five percent of land available in
that manner today.
Community Development Director Tim Benetti replied that staff will complete the analysis and
work together with the City Attorney in a manner that would be defensible.
Commissioner Corbett noted that Mendota Heights is an established community, and he would not
want to see rezoning occur simply to make the five percent feasible.
Chair Field recognized that this is complicated and agreed that staff should use more time
preparing this matter.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 5 of 9
Election of Planning Commission Chair and Vice Chair for 2021 (Continued)
Chair Field noted that Commissioner Petschel is now present and suggested that the tabled Vice
Chair election be resumed.
Community Development Director Tim Benetti reported that both Commissioner Lorberbaum and
Commissioner Corbett were nominated for Vice Chair and that vote ended in a tie vote, therefore
Commissioner Petschel is needed to break the tie.
A ROLL CALL VOTE WAS PERFORMED TO ELECT SALLY LORBERBAUM AS VICE
CHAIR.
COMMISSIONER TOTH NAY
COMMISSIONER JOHNSON AYE
CHAIR FIELD AYE
COMMISSIONER KATZ NAY
COMMISSIONER CORBETT NAY
COMMISSIONER PETSCHEL AYE
COMMISSIONER LORBERBAUM AYE
AYES: 4
NAYS: 3
A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS VICE
CHAIR:
COMMISSIONER TOTH AYE
COMMISSIONER KATZ AYE
CHAIR FIELD NAY
COMMISSIONER LORBERBAUM NAY
COMMISSIONER JOHNSON NAY
COMMISSIONER PETSCHEL NAY
COMMISSIONER CORBETT AYE
AYES: 3
NAYS: 4
COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI REPORTED THAT
COMMISSIONER SALLY LORBERBAUM WAS ELECTED TO THE POSITION OF VICE
CHAIR.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 6 of 9
B) REVIEW OF PRELIMINARY INFORMATION RELATED TO AN ORDINANCE
REGULATING THE TEMPORARY KEEPING OF GOATS FOR GRAZING OF
INVASIVE VEGETATION
Community Development Director Tim Benetti stated that the Planning Commission is being
asked to once again discuss and provide thoughts, comments, and direction on creating a new
ordinance (or policy) regulating the temporary keeping of goats for prescribed grazing and
invasive/noxious vegetation management on properties in Mendota Heights.
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).
Commissioner Petschel asked what was considered during the last discussion, as he thought an
ordinance was proposed.
Community Development Director Tim Benetti noted that the previous discussion was just a
discussion with intent to bring forward an ordinance in the future. He suggested that this move
forward more quickly as with spring coming forward more people may be interested in this
opportunity.
Chair Fieldcommented that there are two clients in his office that operate these types of businesses.
Community Development Director Tim Benetti noted that many communities are beginning to
allow this type of prescriptive grazing and if there is a need or demand, he does not see a problem
with allowing the activity with a permit and allowed period of time.
Commissioner Lorberbaum asked the current status and how this activity could occur without an
ordinance.
Community Development Director Tim Benetti replied that there is currently not an ordinance
allowing goats.
Commissioner Lorberbaum asked if the goats that were used to reduce invasive species near the
Mendota Bridge were allowed without an ordinance.
Community Development Director Tim Benetti replied that five years ago the City participated in
a pilot project with the DNR for a temporary managed grazing project. He noted that was a
temporary use for that purpose. He stated that staff will work to bring back a draft ordinance for
the Commission to review.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 7 of 9
C) REVIEW OF DEPARTMENT OF NATURAL RESOURCES MISSISSIPPI RIVER
CORRIDOR CRITICAL AREA (MRCCA) MODEL ORDINANCE
Community Development Director Tim Benetti explained that the Planning Commission is being
asked to review the Mississippi River Corridor Critical Area (MRCCA) Model Ordinance. This
draft document was prepared by the Department of Natural Resources for all of those metropolitan
communities situated along the Mississippi River with similar critical area overlay districts,
including the City of Mendota Heights.
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).
Chair Field asked if staff and the City Attorney may draft modifications as deemed necessary.
Community Development Director Tim Benetti confirmed that the City could make the ordinance
its own to fit within the Mendota Heights community but at minimum it must conform to the base
rules of the DNR.
Commissioner Katz recognized that the City currently has a moratorium in place but expressed
concern with the ability for property owners to clear cut without proposed construction. He asked
who would be charged with enforcement.
Community Development Director Tim Benetti replied that vegetation removal requires a Critical
Area Permit and therefore would be prohibited during the moratorium. He noted that the City
would allow for invasive species management as suggested by the DNR. He used the example of
goats and noted that if that is allowed, it could occur during the moratorium as the purpose is
invasive species management. He stated that enforcement would be charged to staff, noting that
there are some staff members actively in the community and neighbors typically report on that
type of activity.
Public Works Director Ryan Ruzek stated that the Council has drafted goals for the next two years
that include drafting a Tree Preservation Ordinance.
Commissioner Petschel asked if the moratorium would apply to permits that would not increase
the size of the structure and would be more maintenance type activities.
Community Development Director Tim Benetti replied that the intent was to stop major
development projects and noted that maintenance type activities would still be allowed as
exemptions.
Commissioner Petschel commented that he believed many of those activities also require a Critical
Area review.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 8 of 9
Community Development Director Tim Benetti replied that there is an administrative Critical Area
Permit which is review administratively by staff and approved by the City Council via the Consent
Agenda.
Commissioner Petschel asked if there is any appetite to for there not to be a required review by the
Planning Commission and City Council for maintenance type activities.
Community Development Director Tim Benetti replied that language could be drafted in that
nature if that is the desire.
Commissioner Petschel commented that while it does not happen often, the Commission
sometimes reviews applications that do not require a fundamental change to the buildings, but the
review is required because of the location of the property.
Chair Field confirmed that could be part of the overall discussion. He noted that with the
moratorium Critical Area Permits could not be applied for.
Commissioner Johnson commented that within the packet it was stated that additional optional
language was shown from the DNR. She asked if there was additional language proposed by the
DNR that was not included.
Community Development Director Tim Benetti replied that this is the model language that was
sent to all communities. He noted that the optional language is optional, and the community can
choose whether or not to incorporate that language.
Staff Announcements / Updates
Community Development Director Tim Benetti gave the following verbal review:
The City will be completed a TIF analysis for a new building off Pilot Knob on the old Lloyd’s
BBQ site for a 75,000 square foot office facility. He stated that the applicant has a proposed tenant
that would bring 20 new jobs to the community. He stated that the applicant would be looking for
nine-year TIF assistance to provide for a private road, driveway, and utilities. He stated that the
Commission will not be seeing the plan but noted that the plan does meet all the requirements of
City Code. He stated that in the future it could be helpful to provide a stipulation for
commercial/industrial development that would require review by the Planning Commission and
therefore intends to bring an ordinance amendment to the Commission in the future. He stated
that as the ordinance is drafted this is a permitted use and therefore does not require Site Plan
Review by the Commission or City Council.
Commissioner Lorberbaum asked if the ordinance amendment would apply to size or for any
commercial/industrial development.
Community Development Director Tim Benetti replied that the intent would be to draft the
language to require any new commercial or industrial Site Plan to come before the Commission
and Council for review.
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February 23, 2021 Mendota Heights Planning Commission Meeting Page 9 of 9
Commissioner Corbett asked the process for TIF requests.
Community Development Director Tim Benetti replied that a TIF request is reviewed and
considered through public hearing by the City Council. He provided additional details on the TIF
being requested in this case. He confirmed that the site is currently vacant.
Commissioner Corbett asked if anything has been done to make it easier to obtain variances as
previously discussed by the Commission.
Chair Field agreed that was previous direction and he would be in favor of ensuring that discussion
continues as it would provide fairness to the different property owners.
Public Works Director Ryan Ruzek provided an update on plowing activities for the season.
Adjournment
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO
ADJOURN THE MEETING AT 7:53 P.M.
AYES: 7
NAYS: 0
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
MINUTES
PLANNING COMMISSION WORKSHOP MEETING
MARCH 23, 2021
A workshop training session of the Mendota Heights Planning Commission was held on Tuesday,
March 23, 2021. Because of the ongoing pandemic, the training session was held virtually.
The following Commissioners were in attendance: Commissioners Patrick Corbett, Litton Field,
Sally Lorberbaum, Cindy Johnson, Michael Toth, Andrew Katz and Brian Petschel. Those absent:
None.
The following staff members were in attendance: Public Works Director Ryan Ruzek, City
Administrator Mark McNeill. Community Development Director Tim Benetti joined at 7:20 PM.
Also in attendance: City Councilor John Mazzitello, and City Attorneys Elliot Knetsch and Joel
Jamnik with Campbell-Knutson Law.
Discussion Items:
City Administrator McNeill introduced Attorneys Knetsch and Jamnik from the law firm of
Campbell Knutson. The attorneys discussed several common land use issues which come before
Planning Commissions, and spent a significant amount of time on variances.
The city attorneys also reviewed a number of court case studies where variances and zoning
decision-making by other municipalities were either upheld or reversed by the courts for specific
reasons. The city attorneys explained the rationale for such court decisions, and answered a
number of questions from the commissioners.
This was not an official meeting of the Commission, and no votes were taken or decisions were
made.
Adjourn:
Upon no additional questions or comments from the commissioners, city attorneys and city staff,
the workshop session officially adjourned at 8:54 PM.
Minutes taken by:
__________________________
Mark McNeill
City Administrator
03/23/2021
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x Effect of variance upon health, safety, and welfare of the community.
x Existing and anticipated traffic conditions.
x Effect on light and air, as well as the danger of fire and the risk to public safety.
x Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan.
x Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue
hardship or difficulty.
PC Packet Page #12
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PC Packet Page #13
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x LUP #5: Emphasize quality design, innovative solutions, and a high general aesthetic level
in community development and building.
x LUP #2.2.2: Emphasize quality design, innovative solutions, and a high general aesthetic
level in community development and building.
x LUP # 2.2.6: Provide a mechanism to allow for the maintenance and reinvestment in select
non-conforming properties.
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PC Packet Page #22
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PC Packet Page #23
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Planning Staff Report
MEETING DATE:April 27, 2021
TO:Planning Commission
FROM:Tim Benetti, Community Development Director
SUBJECT:Planning Case No. 2021-02
Conditional Use Permit and Variance for Oversized Detached Garage
APPLICANT:Mike Cashill
PROPERTY ADDRESS:806 Bachelor Avenue
ACTION DEADLINE:May 28, 2021
INTRODUCTION
The applicant is seeking a conditional use permit for an over-sized d etached garage, with multiple
variances to the following detached accessory structure standards: (a) allow garage to exceed the maximum
area of 1,800-sq. ft. up to 2,400-sq. ft.; and (b) allow garage to exceed the maximum height of 15-ft. up to
17.5-ft. / 24-ft. in overall height
This item is being presented under a duly noticed public hearing process. A notice of hearing was published
in the Pioneer Press; and notice letters were mailed to all neighboring property owners within 350-feet of
the subject property. The city received no objections or comments from the neighboring properties.
DESCRIPTION OF THE REQUEST
The subject site is generally located
immediately west of the Par-3 Golf Course
(see aerial image- right). The property
consists of approximately 8 acres, and
contains a large single-family dwelling
(image – below) near the central part of the
property. Most of the areas around the
perimeter of the parcel are wooded, and the
home is very well screened from the
neighboring homes to the north off Deer Trail
Path and the homes along south side of
Bachelor Avenue.
PC Packet Page #32
Planning Case No. 2021-02 (M. Cashill)Page 2
The current home has a finished square footage space of 9,356-sf., with an attached garage of 1,272-sq. ft.
For properties large enough to have both an attached and detached garage, the combined garage building
footprint area must not exceed the finished square footage of the principal structure.
The Owner/Applicant is seeking to build a new 40’ x 60’ (2,400-sq. ft.) detached garage structure, with a
mid-point measured height of 17’-6”, and an overall (uppermost) height of 24-feet.
The garage is planned to be placed near the east edge of the property, setback approximately 20-ft. from
this easterly property line. A separate (new) asphalt driveway is planned to serve the new garage, which
will come off the main driveway.
PC Packet Page #33
Planning Case No. 2021-02 (M. Cashill)Page 3
ANALYSIS
Conditional Use Permit
Pursuant to City Code Title 12-1D-3: Accessory Structures, owners of larger, single family sized parcels
are allowed to have an additional (or larger) detached private garage either by permitted use or by
conditional use permit, according to the following table:
Lot Size Permitted Conditional Use Permit
0.75 acre or less Not allowed Not allowed
>0.75 acre - 1.5 acres 750 sq. ft. 1,000 sq. ft.
>1.5 acres - 2.5 acres 1,000 sq. ft.1,200 sq. ft.
>2.5 acres 1,500 sq. ft. 1,800 sq. ft.
The subject property is 8-acres in size, so a 1,500-sf. detached would be permitted while an 1,800-sf. garage
may be allowed by conditional use permit. The garage proposed under this application is 2,400-sf. , which
is 600-sf over the maximum amount allowed under the CUP process.
Because this is an over-sized garage, staff required the applicant to submit both the conditional use permit
and variance application to exceed the size and height standards as noted previously, in order to receive any
approvals of this structure.
Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request, with
the following standards to be taken into consideration:
The proposed use will not be detrimental to the health, safety or general welfare of the community;
will not cause serious traffic congestion nor hazards;
will not seriously depreciate surrounding property value; and
the proposed use is in harmony with the general purpose and intent of the City Code and the
comprehensive plan.
The new garage proposed by the Applicant appears to be a very nice design; is intended to match with the
appearance and architectural elements of the current home; and should easily accommodate the needs of
parking additional personal vehicles and equipment. All setbacks will be met under this plan.
Based on the site picture (image-right) and site
inspection, Mr. Cashill marked out the location
of the new garage with green survey stakes
(circled in RED). It appears approximately 15 –
18 trees will be removed to make room for this
garage. Most of the trees appear to be smaller,
scrub/volunteer deciduous trees and a few
evergreen tress as well. The area located behind
the garage space rises up a bit in elevation,
which ties into the existing grades/elevations
coming off the westerly edge of the Par-3
property. The Applicant intends to save or
protect these trees as part of a continuous
screening/buffering from the course.
PC Packet Page #34
Planning Case No. 2021-02 (M. Cashill)Page 4
To the north of the garage, a large area of this property is also wooded and buffered from the residences to
the north; and the garage will be spaced far enough away that it is unlikely neighboring owners will see the
garage from their locations.
This larger parcel owned by the Applicant is somewhat of an anomaly in this community, and there are
very few residential parcels in this community that share or compare in size to this property. By calculating
and comparing a building to land ratio, and comparing the city code allowance versus the proposed, staff
notes the following:
x 1,800-sf. garage with a 2.5 ac. (min.) parcel: 1,800-sf. / 108,900-sf. = .0165% (bldg. to land area)
x 2,400-sf. garage on 8-acres (subject) parcel: 2,400-sf. / 348,480-sf. = .0069% (bldg. to land area)
As demonstrated above, the proposed oversized garage on this very large parcel would have
minimal/nominal impacts on lot coverage; nor would it create any significant impacts or addition to
impervious surface coverage.
Due to the over-sized nature and scale of the Applicant’s property at this location, staff believes the new,
larger garage will not be detrimental to the health, safety or general welfare of the neighborhood or the
community; or cause any serious traffic congestion, hazards; or seriously depreciate surrounding property
values. This proposed garage appears to be in harmony with the general purpose and intent of the City
Code and the comprehensive plan; and the CUP to allow a larger, oversized garage can be reasonably
supported due to the size and scale of this larger residential parcel.
Variances
Due to the overall size of the subject property, and the desire to provide additional storage space on the
property, the applicant is also seeking the two variances to exceed the allowable area of a detached garage
from 1,800-sf. to 2,400-sf; and allow the garage to exceed the maximum height of 15-feet for accessory
structures up to 17.5-feet (mid-point measurement) and an overall height of 24-feet.
City Code Section 12-1L-5 governs variance requests. The Planning Commission must consider a number
of variables when recommending or deciding on a variance, which generally fall into two categories: (i)
practical difficulties; and (ii) impact to the community.
The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in
a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner
is due to circumstances unique to the property, not created by the property owner; and (iii) the variance will
not alter the essential character of the neighborhood. Also, economic considerations alone do not constitute
practical difficulties.
Section 12-1L-5(E)(1) further references other variables the City can consider when granting or denying a
variance, noted as follows:
x Effect of variance upon health, safety, and welfare of the community.
x Existing and anticipated traffic conditions.
x Effect on light and air, as well as the danger of fire and the risk to public safety.
x Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan.
x Granting of the variance is not a convenience to the applicant, but necessary to alleviate a practical
difficulty.
PC Packet Page #35
Planning Case No. 2021-02 (M. Cashill)Page 5
When considering a variance request, the Planning Commission must determine if these standards have
been met in granting a variance, and provide findings-of-facts to support such a recommendation to the
City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or
has not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact
supporting a recommendation of denial must be determined.
As part of any variance request, Applicants are required to prepare and submit their own responses and
findings, which for this case, are noted below (in italic text):
1. The property owner proposes to use the property in a reasonable manner not otherwise permitted
by the zoning ordinance.
Applicant’s Response: Is this Variance reasonable? Yes, a structure of this size is required to store all of the
equipment necessary to properly maintain a lot of 8 acres. My property backs up to the Valley Park and the
Mendota Heights Par 3 golf course. I have very few neighbors. The proposed structure will not be able to be
viewed by the neighbors. Therefore, it will not affect the health, safety, and welfare of the community, or pose
any risk to the public safety and will not affect the value of properties in the surrounding area.
Staff’s Response:For a property of this size, it may seem fair or reasonable to allow owners with
larger parcels to request additional structural standards, especially if it is determined the project will
have little or no impacts upon the subject property and more particularly the surrounding properties.
The city must determine if the requested variances to exceed the maximum accessory garage size under
a CUP and excess garage height standards are reasonable; and has the Applicant adequately
demonstrated or proven this is a reasonable request, and provide supportable arguments this project
(and variance) is acceptable.
2. The plight of the property owner is due to circumstances unique to the property, not created by
the property owner.
Applicant’s Response: I live on an 8 acre parcel of land and am requesting a variance to build a 60 foot wide
by 40 foot deep storage shed. My property is unique in that it is one of the larger private parcels of land in the
community and it takes a substantial amount of equipment to properly care for it. Therefore, it is necessary to
build a storage garage of this size to store and maintain the amount of equipment necessary to properly care
and maintain for this parcel. Some of the equipment needed are snow blowers, Cushman Carry All golf cart,
backpack blowers, fertilizer spreaders, lawnmowers, tractors, wood chippers, trimmers, trailers and equipment
for caring for my apple trees. I maintain a 60 foot x 120 foot ice rink in my side yard and need a facility to store
this equipment I like to have a clean yard and like to take care of my equipment, so I do not want to leave
anything out in the elements. I also want to be respectful for those in the neighborhood, to keep a clean yard
free of clutter and debris.
Staff’s Response: The city will admit this property is truly “unique” when compared to many other
single family residential properties throughout the city. Again the city must determine if the requested
variance to allow the increased garage area and height, and the reasons stated herein for the added
storage space by the Applicant are “unique” enough to support such a variance approval.
3. The variance will not alter the essential character of the neighborhood; and economic
considerations alone do not constitute practical difficulties.
Applicant’s Response: This structure will match my existing home and blend in with the existing character of
the neighborhood. The proposed structure is designed to match my existing house using the same stone and
stucco materials as I have on my home. I plan to use the exact same shingle for the roof to make sure the
structures match each other.
PC Packet Page #36
Planning Case No. 2021-02 (M. Cashill)Page 6
Staff’s Response:The existing neighborhood is all residential in character. The placement of this
garage near the east edge and lower area of the property, along with keeping the existing woodlands
surrounding the property alone, should reduce any visual impacts, and provide adequate buffer and
screening form the neighbors. Staff does not believe the larger garage would alter the essential
character of the neighborhood.
4. Restrictions on Granting Variances.
The following restrictions should be considered when reviewing a variance:
a) Economic considerations alone do not constitute practical difficulties.
When weighing the economic factor(s) of a variance application, taking economic considerations
alone should not be the only reason for denying - or even approving a variance. In this particular
case, the property owner is requesting to add an oversized garage that better suits his personal
storage needs, which is likely more of an added need on this parcel than a smaller or normal sized
lot in the city. This new oversized detached garage will most definitely provide the added storage
space indicated by the Applicant as a necessity; and to some extent the new garage adds economic
value to the property value and/or marketability.
Although the Applicant states the garage should not impact any neighboring properties, it is
required to demonstrate reasonable practical difficulties in supporting or granting of a variance. It
is not clear how economic considerations alone may affect the outcome of this variance request, as
they do not appear to be the sole reason for rejecting this variance.
b)Variances are only to be permitted when they are in harmony with the general purposes and
intent of the zoning ordinance and consistent with the comprehensive plan.
The subject property is zoned R-1 One Family Residential; and is designated LR-Low Density
Residential in the current 2030 Comprehensive Plan and the proposed 2040 Plan. Certain land use
goals and policies are noted below:
x LUG #1: Maintain and enrich the mature, fully developed residential environment and
character of the community.
x LUP #5: Emphasize quality design, innovative solutions, and a high general aesthetic level
in community development and building.
x LUP #2.2.2: Emphasize quality design, innovative solutions, and a high general aesthetic
level in community development and building.
The guiding principles in the comprehensive plan provide for maintaining, preserving, and
enhancing existing single-family neighborhoods. The proposed over-sized garage structure should
not pose any threat or create any negative impacts to the residential character of the neighborhood;
and provides a substantial investment into a property to enhance its overall use and enjoyment by
the owner. The proposed garage also poses no threat or any effect on light and air, as well as the
danger of fire and the risk to public safety. This new garage and request for variance can be viewed
or considered in harmony with the general purpose of the zoning ordinance and consistent with the
current and proposed land use plans for the community.
PC Packet Page #37
Planning Case No. 2021-02 (M. Cashill)Page 7
ALTERNATIVE for CUP APPROVALS
Per City Code on Conditional Uses:
Section 12-1L-6.E.2 Denial Of Permit: Conditional uses may be denied by resolution of the city council,
and such resolution shall include a finding and determination that the conditions required for approval
do not exist. No application for a conditional use which has been denied wholly or in part shall be
resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new
evidence or proof of change of conditions found to be valid by the planning commission.
Typically, when land use applications are run or tied together (i.e. variance with conditional use permit),
they must be considered together; and either approved or denied together. In this case, the Applicant clearly
has a large enough parcel to allow an additional 1,800-sq. ft. detached garage that could meet code without
variances. With this said, should the city deny the request for variance to the Applicant, staff is offering
for added consideration a waiver to the six month re-filing period on the CUP application in this case,
provided the Applicant submits a revised building plan and site plan of a new detached garage that meets
the 1,800-sq. ft. area standard (lots 2.5 acres+) and does not exceed 15-feet in height, or require any other
variances.
ALTERNATIVES for ACTION
1. Recommend approval of the conditional use permit with variances to allow a proposed detached
oversized garage up to 2,400-sq. ft. in area and up to 17.5-ft. (mid-point measure) and 24-ft. in
overall height, based on the following findings-of-fact that support the granting of the conditional
use permit and variances requested herein:
A.Pursuant to City Code Title 12-1D-3 Accessory Structures, residential properties of 2.5 acres or
greater are allowed to have one additional detached garage up to 1,800-sq. ft. in size by means of a
conditional use permit; however, the Applicant in this case has requested certain variances to
exceed the size (area) and height limits placed on accessory structures. Nevertheless, the Applicant
has demonstrated a reasonable need and justification for the oversized garage, which is supported
by the following findings-of-facts:
i. The proposed oversized detached garage on the subject residential property is found to be in
generally conformance with many other provisions and standards of the City Code, and meets
other related City Code standards such as setbacks, appearance and aesthetics.
ii. The large (8-acres) subject property is somewhat unique when compared with other typical
single family residential properties in the community; therefore,the proposed over-sized
detached garage under this application can be considered a reasonable request and may be
viewed as being consistent with the City Code and Comprehensive Plan.
iii. The proposed over-sized detached garage will not cause or create any negative impacts to the
surrounding properties or subject property.
iv. The proposed over-sized detached garage will not be detrimental to the health, safety or
general welfare of the community; should not cause any serious traffic congestion nor
hazards; will not seriously depreciate surrounding property value; and said use appears to be
in harmony with the general purpose and intent of the City Code and the Comprehensive
Plan.
PC Packet Page #38
Planning Case No. 2021-02 (M. Cashill)Page 8
v. The proposed over-sized detached garage will be compliant with the conditions included in
the City Code that allow it by conditional use permit.
vi. The proposed over-sized detached garage represents a reasonable reinvestment in a
residential property and neighborhood that is consistent with the Comprehensive Plan’s goals
for residential land uses.
B.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.”
C.The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to
justify the granting of a Variance to allow the oversized garage not to exceed 2,400 sq. ft. in area
or exceed the height of 17.5-ft. and 24-ft. with the following findings:
i.) The proposed oversized garage is considered a reasonable request on the subject property,
due to the need to provide suitable and additional storage needs for the homeowners, due in
part to the oversized (8 acres) and unique character of the subject property.
ii.) This larger subject property provides unique circumstances for supporting or allowing the
granting of this variance;
iii.) The visual impacts or effect of the over-sized detached garage at this location appears
minimal, both on the subject property and with the surrounding neighborhood; and therefore
approving the proposed over-sized detached garage under this variance (and CUP) will not
alter the essential character of the neighborhood.
D.The proposed garage will not be detrimental to the health, safety or general welfare of the
community; should not cause any serious traffic congestion nor hazards; will not seriously
depreciate surrounding property value; and said use appears to be in harmony with the general
purpose and intent of the City Code and the Comprehensive Plan.
E.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 Variance 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 variance associated with this conditional use permit
will not affect or pose any negative impacts upon the neighborhood or the community in general.
F.Approval of this Variance is for 806 Bachelor Avenue 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.
PC Packet Page #39
Planning Case No. 2021-02 (M. Cashill)Page 9
G.The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2021-
02, dated and presented April 27, 2021, (on file with the City of Mendota Heights), is hereby fully
incorporated into Resolution No. 2021-____. [final number to be added later]
H.Pursuant to City Code Section 12-1L-5: Variances, the city has the authority to place reasonable
conditions upon the property subject to this Variance request, and 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 new detached garage must match the overall architecture and design of the existing
residential dwelling on the subject property.
2.The proposed garage addition and all other proposed improvements shall be constructed in
compliance with all applicable City Code and State of Minnesota Building Code standards.
3.No part of the upper rafter sections of the garage shall be used for added storage, livable or
habitable space.
4.The applicant shall obtain a building permit prior to any excavation or construction of the
new garage addition.
5.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. Full erosion and sedimentation measures will be put in place prior to
and during grading and construction work activities.
6.Approval of the variance is contingent upon City Council approval of the application and
corresponding site plan. If the variance is approved by the City Council, the Applicant
shall obtain a building permit for construction of the proposed addition within one-year
from said approval date.
2. Recommend denial of the conditional use permit with variances to allow a proposed detached
oversized garage up to 2,400-sq. ft. in area and up to 17.5-ft. (mid-point measure) and 24-ft. in
overall height, based on the findings-of-fact that confirm the Applicant failed to meet the
burden(s) of proof or standards in granting of the variance requested herein, noted as follows:
A. Under Title 12-1L-5A of the City Code, the City 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 City hereby determines the Applicant has not met the burden of demonstrating the requisite
“practical difficulties” in order to justify the granting of a variance for an increased garage structure
beyond the 1,800 sq. ft. as allowed under City Code Title 12-1D-3, or the garage to exceed the
maximum height of 15-ft. up to 17.5-feet or 24-ft. overall. The proposed over-sized detached
garage is not essential to the overall enjoyment and continued use of the property; and is therefore
not considered a reasonable use of the property.
PC Packet Page #40
Planning Case No. 2021-02 (M. Cashill)Page 10
C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is
not met by the Applicant, the City need not consider the remaining two prongs of the test (unique
circumstances of the property and essential character of the neighborhood).
3. Table the request and direct staff to extend the application review period an additional 60 days,
in compliance with MN STAT. 15.99.
RECOMMENDATION
Staff is deferring the final recommendation on this case to the Planning Commission; and upon closing the
public hearing and discussions related to this item, please give careful consideration to one of the first two
alternatives noted above.
ATTACHMENTS
1. Aerial site map
2. Planning application, including supporting materials
3.Survey and Garage Elevation Plans
PC Packet Page #41
SITE IMAGES
LOOKING SOUTHWARD – TOWARDS ENTRANCE OFF BACHELOR AVENUE
LOOKING WESTERLY – TOWARDS DWELLING
PC Packet Page #42
Planning Case No. 2021-02 (M. Cashill)Page 12
LOOKING NORTHERLY – TOWARDS LOCATION OF NEW GARAGE
APPROXIMATE LOCATION OF NEW GARAGE (NOTE MARKING STAKES – RED CIRCLES)
PC Packet Page #43
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TRAIL RDBACHELOR AVE
EVERGREEN KNL
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'50'
806 BACHELOR AVENUE
(Mike Cashill res.)
City of
Mendota
Heights0200
SCALE IN FEET
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
4/6/2021
PC Packet Page #44
10'-0"10'-09'-0"10'-0PC Packet Page #45
20'Proposed 40' x 60'Detached Garage
PC Packet Page #46
PC Packet Page #47
PC Packet Page #48
PC Packet Page #49
PC Packet Page #50
PC Packet Page #51
PC Packet Page #52
PC Packet Page #53
PC Packet Page #54
Planning Staff Report
DATE:April 27, 2021
TO:Planning Commission
FROM:Tim Benetti, Community Development Director
SUBJECT:Planning Case 2021-03
APPEAL [ZONING DECISION]
APPLICANT:Julie A. Olson (Mike & Julie Gerend- Owners)
SUBJECT PROPERTY:2159 Delaware Avenue
ZONING/GUIDED:R-1 One Family Residential / LR - Low Density Residential
ACTION DEADLINE:June 7, 2021
INTRODUCTION
The applicant Julie A. Olson is seeking an appeal of an official zoning decision made by the city’s zoning
administrator regarding the allowance or licensing of a massage therapy business in the R-1 One Family
Residential zoning district. The applicant is requesting said business be allowed as a permitted home
occupation use, and to operate from an accessory structure on the subject property.
BACKGROUND
This matter was first brought to staff’s attention when the city clerk was contacted by Ms. Olson requesting
a license to operate a new massage therapy business at a residential property located at 2159 Delaware
Avenue. The property is owned by Mike and Julie Gerend. Ms. Olson would be using a space inside a
separate, large accessory building situated near the north corner of the Gerend property. This structure is a
converted barn, with a fully finished interior living space and adjacent vehicle parking area.
According to Ms. Olson’s letter of intent, she is a certified (professional) massage therapist practicing for
over 18 years in Minnesota. Ms. Olson is requesting to operate her massage business Monday - Saturday,
from approximately 10:00 am to 8:00 pm each day; with no more than five clients per day. She operates
alone and does not have any employees.
ANALYSIS
Pursuant to City Code Title 12-1L-3: Appeals:
Board Of Appeals; Planning Commission Serve As: The planning commission is designated as the
board of zoning appeals and shall determine, in harmony with the general purpose of this chapter
and the comprehensive plan, by resolution, all appeals from any order, requirement, permit or
decision made by the zoning administrator under this chapter, and from any interpretation of the
text of this chapter, or any determination by the zoning administrator as to the location of the
boundary of a zoning district as shown on the zoning map.
PC Packet Page #55
The Board of Appeals –in this case the Planning Commission, is tasked with conducting a public hearing,
and must give careful consideration of this appeal from the interpretation of the City Code or the decision
made by the zoning administrator. The City Council may review and revise any decision of the Board, in
compliance with Title 12-1L-3.(D) of the City Code.
Massage Therapy businesses or uses are only permitted in the B-1 Limited Business, B-2 Neighborhood
Business, and B-3 General Business districts. Massage therapy services are also allowed by conditional
use permit in the I-Industrial district, provided it is related to an accredited teaching program through a
permitted post-secondary college, business or vocational school.
This requested appeal [application] is not a variance or a “use variance”, which by State Statute are not
allowed to be granted by municipalities. The Appeal provisions differ from the Variance provisions within
City Code. Generally speaking, the appeal for consideration before the Board of Appeals is whether or not
the Applicant can be allowed to operate a massage therapy business as a “home occupation” on a residential
zoned property; and whether the Applicant is permitted to operate such use from an accessory structure on
the subject property.
Definitions for Consideration
According to City Code Title 3-6-1: Therapeutic Massage Enterprises, the following is a detailed definition
and description of massage therapy businesses:
MASSAGE THERAPY BUSINESS:Any enterprise, establishment, or operation, whether under control
of an individual or legal entity, providing or offering to provide massage therapy services within the city
for a fee or other consideration paid either directly or indirectly, that:
A. Has one or more massage therapists, employed or contracted to provide massage therapy
services for the massage therapy business; or
B. Is located in a fixed location in a nonresidential district within the city wherein massage therapy
services are provided. Any health or medical facility, office, or clinic operated by state licensed
medical professional(s) or any health or medical-related business operated by state licensed medical
professional(s) which provides therapeutic massage to its patients shall not be deemed as a massage
therapy business.
Per City Code 12-1B-2: Definitions-Zoning, the following definitions are identified and should also be
considered in the determination of this appeal application:
ACCESSORY USE OR STRUCTURE: A use or structure subordinate to and serving the principal use
or structure on the same lot and customarily incidental thereto.
DWELLING:A building or one or more portions thereof occupied or intended to be occupied exclusively
for residence purposes, but not including motels, hotels, nursing homes, boarding houses, nor trailers,
tents, cabins or trailer coaches.
HOME OCCUPATION:Any gainful occupation meeting all of the following requirements: a) when
engaged in only by persons residing in their dwelling; b) when that occupation is conducted in not more
than one room within the principal structure; c) when evidence of the occupation is not visible from the
street; d) when the principal structure becomes the base of operation for that occupation using only
that equipment or machinery which is usually found in a home; and e) when not involving the retail
sales of products produced off the site. A professional person may use his residence for consultation,
emergency treatment or performance of religious rites but not for the general practice of his profession.
No accessory building shall be used for such home occupation.
MASSAGE THERAPY (THERAPEUTIC MASSAGE) BUSINESS:Any establishment or place
providing to the public at large therapeutic massage services, other than a hospital, sanatorium, rest
home, nursing home, boarding home, or other institution for the hospitalization or care of human beings,
duly licensed under the provisions of Minnesota statutes sections 144.50 through 144.69.
PC Packet Page #56
Land Use / Zoning Code Compliance
The subject property is currently zoned R-1 One Family Residential, and guided LR-Low Density
Residential in both the 2030 Comprehensive Plan and the new 2040 Plan. There are no business/industrial
districts nearby or adjacent to this property, so the likelihood or thought of re-guiding/rezoning the property
would not be supported or recommended.
Title 3-6-1 provides for the licensing requirements for such massage therapists and therapy businesses in
the city, and it specifically states: “Is located in a fixed location in a nonresidential district…”
The R-1 Zone district is limited to a small number of low-level/less-intensive uses, such as single family
dwellings, schools, churches, parks, cemeteries, nursery/daycare schools, etc. “Home Occupations” are
allowed as permitted accessory uses - as regulated by city code. In this case, the home occupation must
meet all of the requirements or provisions established by the definition noted above. This report provides
the following response statements regarding the home occupation provisions contained in the definition:
a) when engaged in only by persons residing in their dwelling;
Response: according to Ms. Olson’s application, she currently resides in Burnsville, and does not plan
to relocate or reside in the current residential dwelling on the subject property. The Gerend’s are the
current owners of the property and dwelling; and are not the Applicant(s) requesting the allowance to
operate as massage therapists in their dwelling.
b) when that occupation is conducted in not more than one room within the principal structure;
Response: according to Ms. Olson’s narrative letter, the massage therapy use is to be operated in “…a
beautiful space that they [Gerends] have created in their converted barn on the property. It is a fully
modern free standing structure with its own parking, a private room for massage and a sitting area for
clients to enjoy.” The converted barn is considered an accessory structure and not a principal structure,
therefore the use cannot be allowed in the barn, regardless if the structure can easily support or
accommodate such use or activity.
c) when evidence of the occupation is not visible from the street;
Response: The dwelling and the accessory structure are both located approx. 700-ft. or more from
Delaware Avenue. The property is fairly wooded and is well screened with natural and planted
vegetation along the roadside and property. The barn, and therefore the proposed location of the
massage business “occupation”, should not be visible from the street.
d) when the principal structure becomes the base of operation for that occupation using only that
equipment or machinery which is usually found in a home; and
Response: The Applicant has indicated the proposed massage business would operate from the
converted barn, and not the residence, which is the principal structure in this case.
e) when not involving the retail sales of products produced off the site.
Response: Staff is unaware or is unable to provide a response if retail sales of products will be or may
be offered on this site; but in any event, staff would discourage any forms of retails sales of products.
PC Packet Page #57
ALTERNATIVES
Following the public hearing, the Board of Zoning Appeals (the Planning Commission) should consider
one of the following proposed alternatives of action:
1. Deny the appeal from Julie A. Olson seeking to overturn the city zoning administrator’s decision to
not allow a massage therapy business as a home occupation use in the R-1 One Family Residential
District, specifically at 2159 Delaware Avenue, and present a draft resolution of denial based on
certain findings-of-fact to the City Council for final consideration and adoption; or
2. Approve and grant the appeal from Julie A. Olson seeking to overturn the city zoning administrator’s
decision to not allow a massage therapy business/license in the R-1 One Family Residential District,
specifically at 2159 Delaware Avenue, and present an amended draft resolution of approval based on
revised findings-of-fact that support such a recommendation to the City Council for final
consideration and adoption; or
3. Table the request and direct staff to extend the application review period an additional 60 days, in
compliance with MN STAT. 15.99.
STAFF RECOMMENDATION
While some form of home occupations are allowed in residential zoned properties, they are heavily
restricted for a reason, and are meant to be very passive or limited in their activity, as per the provisions
contained in the City Code definition of home occupations.
Based on these current and existing City Code provisions, it remains the Zoning Administrator’s position
that a massage therapy use or business can and should only be licensed in an established and recognized
business district; and because this use is being proposed in a residential district and within an accessory
structure, this appeal should be denied (Alternative No. 1 – above).
If the Board of Zoning Appeals desires to implement the recommendation, pass a motion adopting
RESOLUTION 2021-31 DENYING AN APPEAL TO ALLOW A MASSAGE THERAPY BUSINESS
AS A HOME OCCUPATION USE IN THE R-1 ONE FAMILY RESIDENTIAL DISTRICT AND
LOCATED AT 2159 DELAWARE AVENUE.
The motion and action to adopt this resolution requires a simple majority vote.
PC Packet Page #58
SITE / LOCATION of USE PICTURES
FRONT OF BARN (ACCESSORY STRUCTURE)SIDE VIEW OF BARN
INTERIOR VIEW – TOWARDS KITCHEN INTERIOR VIEW – SEATING AREA
DINING ROOM – PROPOSED MASSAGE ROOM
(CONVERTED)
VIEW LOOKING EAST TOWARDS DELAWARE
FROM PARKING-DRIVEWAY
PC Packet Page #59
6666666666666666666666666666666666HUBER DR DELAWARE AVEPRIVATE RD
HIG
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CHARLTON RD300'302'299'239'2
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0
'
154'192'40'
This imagery is copyrighted and licensed by Nearmap US Inc, which retains
ownership of the imagery. It is being provided by Dakota County under the
terms of that license. Under that license, Dakota County is allowed to
provide access to the “Offline Copy Add-On for Government”, on which this
image services is based, at 6-inch resolution, six months after the capture
date, provided the user acknowledges that the imagery will be used in their
normal course of business and must not be resold or distributed for the
LOCATION MAP
2159 DELAWARE AVE.
(Gerend res.)
City of
Mendota
Heights0290
SCALE IN FEET
GIS Map Disclaimer:
This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,
survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained
in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors
or omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
4/23/2021
PC Packet Page #60
Dear Mr. Benetti, Zoning Board, and City Council members,
My Name is Julie Olson. I am a certified massage therapist. I have been practicing for 18 years
in the state of Minnesota. I graduated from Center Point School of Massage Therapy in 2003. I
have received certification from Body Therapy Associates San Diego, California. I have been
trained in Swedish, integrative, deep tissue, myo-facial release, pregnancy (pre and post-natal)
massage as well lymphatic drainage, reflexology, aromatherapy and ear candling.
For nine years I have been an independent contractor for a yoga and healing center in Mendota
Heights, MN. While working with them, I have been involved with the Mendota 5-K, the Holiday
Tree Lighting ceremony, and professionally interact with many of the surrounding small
businesses. My 18 year career has included work as an employee for businesses in Eagan,
Shakopee, Woodbury, Bloomington, Burnsville and Lakeville. Throughout, I have maintained my
license, including background checks in good standing. As a therapist I have worked with
chiropractors, spas, free-standing massage chains, and private massage businesses.
This past year, due to CoVid-19, my business was closed for three months. Working in
a therapeutic and healing field this was very difficult both professionally and personally. In times
of change and stress, people often come to me to decompress, to receive care to maintain
physical and emotional support. I was unable to offer this for my clients. I spent time focusing on
how I could continue in this field and offer a safe place to provide massage therapy when we were
able to reopen and to move forward professionally. I want to be able to provide massage as long
as I am physically able. When we reopened in June I was extended a business opportunity
presented to me by clients Mike and Julie Gerend, owners of the property at 2159 Delaware
Ave. They have a beautiful space that they have created in their converted barn on property. It
is a fully modern free standing structure with its own parking, a private room for massage and a
sitting area for clients to enjoy. The land surrounding the barn butts up to Dodge Nature center.
The driveway is long and split, going in one direction to the main residence and the other side to
the barn and parking. The parking can accommodate ample room for massage clients, and still
maintain privacy for other neighbors including the road leading to the property.
I would be open Monday through Saturday from 10 am to 8 p.m. with a maximum of five clients
per day. Some of that time would be for administrative duties by me. I will have no employees.
During CoVid 19 and beyond, I would maintain strict sanitation protocols, following the CDC
guidelines for massage therapists as well as local policies for businesses owners. Minors would
be required to have a parent accompany them and written consent to receive service. All Clients
would be spaced an hour apart. There will be no signs visible from the road. Marketing will be
done from my website and online scheduling and referrals. There will be no retail products sold.
All deliveries of supplies will go to my home address..
The reason for my appeal for the R1 zoning is the space is private, and my business is small
enough to help me to continue to maintain a good work environment for myself and clients on
a small scale, while being able to continue to serve clients in the community, being able to
keep it manageable for me. It is my intent to maintain privacy to the residential neighbors and
The Gerend family
Thank you for your time and consideration.
Sincerely,
Julie A. Olson, CMT
PC Packet Page #61
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-31
RESOLUTION OF DENIAL BY THE BOARD OF APPEALS
TO ALLOW A MASSAGE THERAPY BUSINESS AS A HOME OCCUPATION
IN THE R-1 ONE FAMILY RESIDENTIAL DISTRICT
(PROPERTY LOCATED AT 2159 DELAWARE AVENUE)
WHEREAS, Julie A. Olson (the “Applicant”) has requested an appeal from a decision
made by the zoning administrator denying a request to allow a massage therapy business as a
permitted home occupation use and activity in the R-1 One Family Residential District, with said
business to operate within an accessory structure, and for the property located at 2159 Delaware
Avenue (the “Subject Property”), as proposed under Planning Case No. 2021-03; and
WHEREAS, City Code Title 3-6-1: Therapeutic Massage Enterprises contains specific
provisions regarding the placement of massage therapy businesses in nonresidential districts, and
City Code 12-1B-2: Definitions (Zoning) provides specific definitions and provisions related to
accessory uses or structures, dwellings, home occupations, and massage therapy (therapeutic
massage) businesses; and
WHEREAS, pursuant to City Code Title 12-1L-3, the City of Mendota Heights Planning
Commission serves and acts as the Board ofAppeals, and must determine by resolution, all appeals
from any order, requirement, permit or decision made by the zoning administrator under Chapter
12- Zoning and from any interpretation by the zoning administrator of the text of this chapter; and
WHEREAS, on April 27, 2021, the Mendota Heights Board of Appeals conducted a public
hearing at the regular Planning Commission meeting on the proposed appeal application, and
whereupon receiving a report from city staff and allowing comments from the applicant and
general public, the Board of Appeals closed the hearing and gave careful consideration to this
appeal matter.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights Board of Appeals,
that the decision made by the zoning administrator denying a request to allow a massage therapy
business as a permitted home occupation use and activity in the R-1 One Family Residential
District and to operate within an accessory structure on the Subject Property, as proposed under
Planning Case No. 2021-03, is hereby affirmed, and the appeal as requested herein is
recommended for denial based on the following findings-of-fact:
1. The subject property of 2159 Delaware Avenue is situated in the R-1 One Family
Residential District; and as such, this request to operate a massage therapy business as a
home occupation at his location violates the following provisions:
PC Packet Page #62
Res. No. 2021-31 page 2
a) the proposed massage therapy use would be conducted by a non-homestead or legal
resident of the subject property; and
b) the proposed massage therapy use would be conducted in a room or area outside of the
principal structure, which in this case is a converted barn/accessory structure, which is
not allowed by City Code.
2) The R-1 One Family Residential district does not allow a massage therapy business use as
either a permitted use, conditional use, or as an accessory permitted use in any residential
district.
3) The requested and proposed massage therapy use does not meet the qualifications or
provisions as an allowed home occupation in a residential district.
4) City Code Title 3-6-1 provides for the licensing requirements for massage therapists and
therapy businesses in the city, and it generally states: “Is located in a fixed location in a
nonresidential district within the city wherein massage therapy services are provided.”;
and since the subject property is located in a residential district, any allowed massage
therapist use or license would violate this provision.
5) Massage Therapy businesses or uses in the City of Mendota Heights are only permitted in
a nonresidential district, which include the B-1 Limited Business, B-2 Neighborhood
Business, and B-3 General Business districts, and by CUP in the I-Industrial district.
Adopted by the Board of Appeals for the City of Mendota Heights this 27th day of April, 2021.
BOARD OF APPEALS
(PLANNING COMMISSION)
CITY OF MENDOTA HEIGHTS
_________________________________
Litton Field, Jr., Chair
ATTEST:
_________________________________
Lorri Smith, City Clerk
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