Res 2022-69 Approving MRCA Permit_Variance- 944 Sibley Memorial3558591
Receipt:# 862509
RES $46.00
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5072 NORTH 300 W
PROVO UT 54604
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Recorded on: 9/19/2022 2:48 PM
By: CAC, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Christine Lusian, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-69 RESOLUTION APPROVING A
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT AND
VARIAN CE TO XCEL ENERGY AND FOR PROPERTY LOCATED AT 944 SIBLEY
MEMORIAL HIGHWAY [PLANNING CASE NO. 2022-19] is an exact copy of the
resolution on file in my office adopted by the Mendota Heights City Council on September 6,
2022.
Signed and sealed by my hand on this 6 day of September 2022.
64��"
Christine Lusian, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-69
RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR
CRITICAL AREA (MRCCA) PERMIT AND VARIANCE TO XCEL ENERGY
AND FOR PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY
[PLANNING CASE NO.2022-191
WHEREAS, Xcel Energy (the "Applicant") applied for a Mississippi River Corridor
Critical Area (MRCCA) permit to make necessary site and safety improvements to their existing
natural gas transfer/distribution site, located at 944 Sibley Memorial Highway (State Trunk
Highway 13), and legally described in Exhibit A (the "Subject Property"); and
WHEREAS, the site improvements and upgrades by the Applicant include replacing the
older and inefficient 6-ft, high chain -linked fencing with barbed-wire extensions, with a new 10-
foot high, rust -resistant metal mesh fence material for added screening and safety measures, as
proposed and presented under Planning Application No. 2022-19; and
WHEREAS, the Subject Property is guided P-Parks and Open Space in the 2040
Comprehensh)e Plan, zoned R-1 One Family Residential, and is situated in the Mississippi River
Corridor Critical Area Overlay District; and
WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area
Overlay District, a permit is required to approve any new development activities involving a
building permit, land disturbance, vegetation removal, or special zoning approval, and the
Applicant is seeking permission to make new safety upgrades and site improvements under the
rules and standards established by the R-1 District and the Mississippi River Corridor Critical Area
Overlay District ordinance and standards; and
WHEREAS, Title 12-lL-5: Variances of the Mendota Heights City Code allows for the
City Council to grant variances or certain modifications from the strict application of the
provisions of the City Code, and impose conditions and safeguards with variances if so needed or
granted; and
WHEREAS, on August 23, 2022, the Mendota Heights Planning Commission conducted
a public hearing on the proposed MRCCA Permit and Variance applications, and whereupon
closing the hearing, recommended unanimously (6-0 vote) to approve the MRCCA Permit and
Variance, which would allow the replacement and installation of a new 10-foot high security fence
on the Subject Property, with certain conditions and finding -of -fact to support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the MRCCA Permit and Variance proposed under Planning Case No. 2022-19, is approved based
on the following findings -of -fact with conditions noted herein:
A. The proposed ten -foot (10') high fence improvement will help provide added screening
measures and security for this utility service site, and meets the general purpose and
intent of utility service uses that are governed by the Mississippi River Corridor Critical
Area (MRCCA) District ordinances and standards.
B. The replacement of the older and smaller fence with the new oversized fence on the
subject site is deemed minimally invasive, and is considered a necessary upgrade in
order to provide added security and protection to this utility site.
C. This higher fence will not impact any nearby bluffs, bluff impact zones, steep slopes,
natural vegetative stands, or woodlands.
D. The proposed new fence work will not be detrimental to the health, safety or general
welfare of the community; or creates any impacts to traffic or pedestrian visibility
(sight -lines) or hazards; will not seriously depreciate surrounding property value; and
also, is in harmony with the general purpose and intent of the City Code and the
Comprehensive Plan-
E. The overall construction of this new security fence improvement will comply with all
standards and regulations of the MRCCA Ordinance and any related Zoning Ordinance,
State Building Codes, and other applicable ordinances; and represents a considerable
investment by the Applicants (Xcel Energy) to an important utility service feature in
the community.
F. Under Title 12-1 L-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. The
Applicant has met the burden of demonstrating the requisite "practical difficulties" in
order to justify the granting of a Variance to allow a residential fence height increase
from 6-ft. to 10-ft. by the following findings:
i.) the proposed ten -foot fence height is considered a reasonable request by the
Applicant and for the subject property due to the Applicant's strong desire to
provide suitable screening, and provide better, adequate and suitable security
measures needed to protect this important utility site; and for this reason, the request
is not solely based on economic considerations alone;
ii.) although this property is situated in the R-1 One Family Residential District, and is
considered an essential service/utility (conditional) use in the R-1 zone, said use
does not compare to or function as a typical single-family residential use under this
zoning category, thus making this property "unique" and special enough to warrant
the granting of a variance for added fence height; and
iii.)the new fence will not impact or alter the essential character of this neighborhood.
G. 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
Res. 2022-69 Page 2 of 4
determined this variance will not affect or pose any negative impacts upon the
neighborhood or the community in general.
H. Approval of this variance is for 944 Sibley Memorial Highway 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; and all variance requests must be reviewed independently by City staff and
legal counsel under the requirements of the City Code.
1. The factual findings and analysis found in the Planning Staff Report for Planning Case
No. 2022-19, dated and presented August 23, 2022 (can file in)ith the City of Mendota
Heights), is hereby fully incorporated into Resolution No. 2022-69.
J. The City has the authority to place reasonable conditions upon the property subject to
his Variance request. Conditions must be directly related to and roughly proportional
to the impact created by the variance. Conditions related to this transaction are as
follows:
i.) The proposed higher fence shall require a building permit (instead of zoning permit)
as per Minnesota State Building Codes.
ii.) Xcel will consider providing a black or darker gray color on the fence, if available.
iii.)All construction activity will follow applicable federal, state, and local regulations
and codes, as well as in compliance with the City's Land Disturbance Guidance
Document.
iv.) 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.
Adopted by the City Council of the City of Mendota Heights this bth day of September, 2022
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Christine Lusia , City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Res. 2022--69 Page 3 of 4
EXHIBIT A
Property Address: 944 Sibley Memorial Highway, Mendota Heights MN 55120
PID: 27-02300-04-021 and 27-02300-04-030
Legal Description
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Res. 2022-69 Page 4 of 4