2022-06-28 Planning Commission Minutes
June 28, 2022 Mendota Heights Planning Commission Meeting Page 1 of 3
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
JUNE 28, 2022
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 28,
2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett,
Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. No absence.
Approval of Agenda
The agenda was approved as submitted.
Approval of May 24, 2022 Minutes
Commissioner Lorberbaum noted on page three, the fifth paragraph from the bottom, it should
state, “…information about…”
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO
APPROVE THE MINUTES OF MAY 24, 2022 WITH THE NOTED CHANGE.
AYES: 6
NAYS: 0
ABSTAIN: 1 (PETSCHEL)
Hearings
A) PLANNING CASE 2022-11
ELIZABETH AND CALEB JOHNSON, 1903 HUNTER LANE – MRCCA PERMIT
Community Development Director Tim Benetti explained that the Johnsons are seeking approval
of a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new in ground
swimming pool on their property, located at 1903 Hunter 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.
Chair Field opened the public hearing.
June 28, 2022 Mendota Heights Planning Commission Meeting Page 2 of 3
Elizabeth Johnson, applicant, stated that they were happy to work with their contractors to find a
location for the pool that would avoid tree removal. She stated that once they receive this approval,
they would submit a separate fence permit and solidify plans for vegetation.
Commissioner Johnson thanked staff for recommending the down lighting to ensure neighboring
properties would not be impacted. She referenced the Japanese lilac tree listed as an option noting
that is considered invasive and suggested that the applicant look at other option.
Mrs. Johnson confirmed that they would be happy to look at one of their other options.
Commissioner Johnson stated that during construction the existing trees should be fenced in order
to protect those root systems from construction vehicles. She asked and received confirmation
that the applicant is aware of the condition related to drainage of the pool only onto the subject
property.
Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close
the public hearing.
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT,
TO RECOMMEND APPROVAL OF THE MRCCA PERMIT REQUEST FROM ELIZABETH
AND CALEB JOHNSON AND FOR 1903 HUNTER LANE BASED ON THE FINDINGS OF
FACT THAT THE PROPOSED POOL PROJECT IS COMPLIANCE WITH THE POLICIES
AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE AND SUBJECT TO
THE FOLLOWING CONDITIONS:
1. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT
OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED
LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY
BETWEEN THE HOURS OR 7 A.M. AND 8 P.M. WEEKDAYS; AND 9 A.M. TO 5
P.M. WEEKENDS.
2. BEST EFFORTS WILL BE MADE BY THE APPLICANT’S CONTRACTOR(S) TO
“COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF ANY
CONSTRUCTION WORK PERFORMED ON THE SUBJECT PROPERTY IN ORDER
TO PREVENT THE SPREAD OR CONTAMINATION OF INVASIVE SPECIES TO
AND FROM THE PROPERTY.
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. FULL EROSION AND SEDIMENTATION PREVENTION
MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND
CONSTRUCTION WORK ACTIVITIES.
June 28, 2022 Mendota Heights Planning Commission Meeting Page 3 of 3
4. THE POOL AREA SHALL BE ENCLOSED WITH FENCING, WHICH SHALL BE AT
LEAST FIVE FEET, BUT NOT EXCEEDING SIX FEET IN HEIGHT TO PREVENT
UNCONTROLLED ACCESS TO THE POOL AREA. SAID FENCE MUST HAVE
SELF-CLOSING AND SELF-LATCHING GATES WITH PROVISIONS FOR
LOCKING AND SHALL BE COMPLETELY INSTALLED PRIOR TO THE FILLING
OF THE POOL AND PRIOR TO THE ISSUANCE OF ANY C.O. OR FINAL
INSPECTION BY THE CITY.
5. ANY NEW LIGHTING FOR THE POOL MUST INCLUDE DOWNCAST/CUT-OFF
FEATURES THAT PREVENT GLARE OR LIGHT SPILL-OVER, AND ALL NEW
LIGHTS MUST BE DIRECTED DOWN OR TOWARDS THE POOL AREA ONLY
AND AWAY FROM ANY NEIGHBORING PROPERTIES.
6. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE
DIRECTED ONTO THE SUBJECT PROPERTY ONLY. ANY DRAINAGE ONTO
PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE
PERMISSION OF THE PUBLIC WORKS DIRECTOR.
7. ALL NEW TREES AND VEGETATION, INCLUDING GROUND COVER FOR
RESTORING DISTURBED AREAS ON THE SUBJECT SITE, SHALL CONFORM TO
THE LANDSCAPE PLAN – EXHIBIT D AS PRESENTED, REVIEWED AND
APPROVED UNDER THIS MRCCA PERMIT APPLICATION.
8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, 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.
FURTHER DISCUSSION: COMMISSIONER PETSCHEL REFERENCED CONDITION
EIGHT, NOTING THAT HE HAS NOT YET SEEN THAT TYPE OF CONDITION.
COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF
PROPOSES THAT CONDITION BECOME STANDARD GOING FORWARD TO PROVIDE
A REMINDER TO APPLICANTS.
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its July 5, 2022 meeting.
New/Unfinished Business
Community Development Director Tim Benetti stated that there are three applications on the
docket for the July meeting; and gave reminder on the Thursday PC Workshop meeting.
Adjournment
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO
ADJOURN THE MEETING AT 7:18 P.M.
AYES: 7
NAYS: 0