Full Packet 022824Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less
than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may
not be possible on short notice. Please contact City Hall at 651.452.1850 with requests.
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, FEBRUARY 28, 2024 - 7:00 PM
Mendota Heights City Hall – Council Chambers
1101 Victoria Curve
Mendota Heights MN 55118
1.Call to Order / Roll Call
2.Election of Planning Commission Chair and Vice Chair for Year 2024
3.Approval of Minutes
a.Approve the January 30, 2023 Regular Meeting Minutes
4.Public Hearings
a.CASE No. 2024-02 Wetlands Permit – to authorize the construction of new single-
family dwelling adjacent to Rogers Lake and for property located at 941 Wagon Wheel
Trail (SD Custom Homes /Sean Doyle – Applicant / Owner)
5.New / Unfinished Business
6. Adjourn Meeting
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January 30, 2024 Mendota Heights Planning Commission Meeting Page 1 of 4
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
DRAFT PLANNING COMMISSION MINUTES
JANUARY 30, 2024
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January
30, 2024 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,
Cindy Johnson, Brian Petschel, Jason Stone, and Andrew Katz. Those absent: Commissioner Brian
Udell.
Approval of Agenda
The agenda was approved as submitted.
Approval of Minutes
a) Approve the December 20, 2023 Regular Meeting Minutes
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO
APPROVE THE REGULAR PLANNING COMMISSION MINUTES OF DECEMBER 20,
2023.
AYES: 6
NAYS: 0
b)Acknowledge the December 19, 2023 City Council and Planning Commission Joint
Work Session Minutes
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER STONE, TO
ACKNOWLEDGE THE DECEMBER 19, 2023 CITY COUNCIL AND PLANNING
COMMISSION JOINT WORK SESSION MINUTES.
AYES: 6
NAYS: 0
Hearings
There were no public hearings scheduled.
New/Unfinished Business
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January 30, 2024 Mendota Heights Planning Commission Meeting Page 2 of 4
A)CASE #2023-28 – CUP TO CONSTRUCT OUTDOOR PADEL AND PICKLEBALL
COURTS (GLENN BARON)
Community Development Manager Sarah Madden provided background information on the
previously considered request heard at the November 28, 2023 Commission meeting. She stated
that as directed, the applicant withdrew their application for a Variance for a painted sign on
January 11, 2024. The Conditional Use Permit request for accessory outdoor commercial
recreation remains an active request, as presented with an updated site plan provided by the
applicant. The public hearing remains open with the tabled request.
Community Development Manager Sarah Madden 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 asked if there is a letter or document from the applicant regarding the mural.
Community Development Manager Sarah Madden replied that there is a written withdrawal of the
variance.
Commissioner Katz asked the status of the changes to the zoning ordinances.
Chair Field replied that there will be an open house next month.
Commissioner Petschel commented that the Commission will also review and make a
recommendation before that goes to the City Council.
Community Development Manager Sarah Madden commented that the City is still within the
review and public comment phase of that process.
Commissioner Katz noted that at an earlier worksession, the Commission reviewed the issue of
signage and recommended striking the language that would prohibit signs painted on the outside
of the building.
Community Development Manager Sarah Madden commented that the applicant is aware of those
discussions within the revision process. She stated that this part of the applicant’s plan is a higher
priority and therefore chose to move forward on just this application for a CUP rather than continue
to table the signage request.
Commissioner Corbett referenced the parking range and asked how that was calculated as typically
there is a specific number of stalls required.
Community Development Manager Sarah Madden stated that the parking range was presented at
the November meeting and explained that the parking is calculated as a range because there is not
a specific use category in the parking table for this type of use.
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January 30, 2024 Mendota Heights Planning Commission Meeting Page 3 of 4
Commissioner Corbett asked if the range would continue to be used in the future or whether a
specific number would be developed for this type of use.
Community Development Manager Sarah Madden commented that there may be some
amendments to the parking chart during the overall zoning revision process.
Glenn Baron, applicant, stated that they revised the plans to ensure there would not be
complications with the dog use area.
Chair Field invited the public to make comments.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO
CLOSE THE PUBLIC HEARING.
AYES: 6
NAYS: 0
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR 1415 MENDOTA
HEIGHTS ROAD, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING
CONDITIONS OF APPROVAL:
1.ALL PARKING FOR THE MULTI-TENANT BUILDING MUST BE
ACCOMMODATE ON SITE. ANY INDICATION THAT THE SITE IS UNDER
PARKED MAY RESULT IN REQUIRED AMENDMENTS TO THE SITE PLAN
AND/OR CONDITIONAL USE PERMIT.
2.THE HOURS OF OPERATION FOR THE OUTDOOR COMMERCIAL RECREATION
(PADEL AND PICKLEBALL COURTS) SHALL BE SEASONAL AND LIMITED TO
7:00 A.M. TO DUSK.
3.NO ADDITIONAL EXTERIOR LIGHTING WAS REVIEWED OR APPROVED AS
PART OF THE CONDITIONAL USE PERMIT. ANY EXTERIOR LIGHTING, IF
RELATED TO LIGHTING OF THE PICKLEBALL/PADEL COURTS, MAY
REQUIRED AN AMENDMENT TO THE PERMIT.
4.THE APPLICANT MUST OBTAIN ALL NECESSARY PERMITS FROM THE
PUBLIC WORKS DIRECTOR AND COMPLY WITH THE LAND DISTURBANCE
REQUIREMENTS.
5.THE APPLICANT MUST OBTAIN ALL REQUIRED CITY PERMITS, INCLUDING
BUT NOT LIMITED TO, A GRADING PERMIT AND BUILDING PERMIT.
6.THE APPLICANT MUST OBTAIN ANY NECESSARY PERMITS FROM ALL
APPLICABLE AGENCIES WITH JURISDICTION OVER THE PROJECT.
AYES: 6
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January 30, 2024 Mendota Heights Planning Commission Meeting Page 4 of 4
NAYS: 0
Chair Field advised the City Council would consider this application at its February 6, 2024
meeting.
B)2024 MEETING SCHEDULE
Community Development Manager Sarah Madden reviewed the proposed 2024 meeting calendar.
She noted changes for the months of February and December. It was also noted that July should
be reflected as the 23rd rather than the 30th.
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO
APPROVE THE 2024 PLANNING COMMISSION MEETING DATES AS PROPOSED.
AYES: 6
NAYS: 0
Staff Announcements / Updates
Community Development Manager Sarah Madden provided an update on the City Council review
of planning related items. She also noted an upcoming training session for City commission
members.
Adjournment
COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO
ADJOURN THE MEETING AT 7:25 P.M.
AYES: 6
NAYS: 0
5
PLANNING STAFF REPORT
DATE: February 28, 2024
TO: Planning Commission
FROM: Sarah Madden, Community Development Manager
SUBJECT: Planning Case 2024-02
WETLANDS PERMIT
APPLICANT: SD Custom Homes (Sean Doyle)
PROPERTY ADDRESS: 941 Wagon Wheel Trail
ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE: March 29, 2024
INTRODUCTION
The applicants are seeking a Wetlands Permit to allow the permitting and construction of a new single-
family dwelling adjacent to Upper (North) Rogers Lake.
A public hearing notice for this planning item was published in the Pioneer Press and notice letters were
mailed to all properties within 350-feet of the subject property. The city has not received any comments or
objections to this land use request.
BACKGROUND / PROJECT DESCRIPTION
The subject property legally described as Lot 2, Block 1, Lillies
Lakeview and is generally located at the southwest corner of Rogers
Lake-North, and north of Wagon Wheel Trail. The property is
accessed by a partially paved and shared driveway, which is located
within dedicated and undeveloped right-of-way known as Rogers
Avenue on the official Plat. This shared driveway also serves two
separate homes to the west, and will serve the recently approved
home at 947 Wagon Wheel Trail to the north of the subject site.
Prior to the subdivision of this property, this site was an un-platted
parcel of land consisting of 6.05 total acres (including part of the
adjacent lake) and contained one single-family home and some
associated accessory structures. On April 26, 2022, the Planning
Commission reviewed a proposed preliminary plat of “Lillies
Lakeview” submitted by SD Homes/Sean Doyle, which was later
approved creating two new single-family lots: Lot 1 consisting of
3.28 total acres and Lot 2 consisting of 2.06 total acres. The plat
approval noted that the future building pad layouts were preliminary
and that a future wetlands permit review would follow. The Planning
Commission reviewed the Wetlands Permit for Lot 1 at their regular
meeting on December 20, 2023, and the site has been approved for
construction.
6 4a.
Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 2 of 11
The work proposed under this Wetlands Permit application is for Lot 2 of Lillies Lakeview addition. Of the
2.08 acres within the parcel boundaries, 1.18 acres are above the Ordinary High Water Line (OHWL) of
Rogers Lake-North and the remaining acres are considered “water acres” of Rogers Lake (see GIS image –
page 1). The applicant is seeking to construct a new two-story 4,478 square foot single-family home on the
lot with a 1,314 square foot attached garage (3,008 square-foot footprint). The site impacts within 100-feet
of the normal high water mark of Rogers Lake include site grading, tree removal, an infiltration basin, a
120 S.F. accessory structure, and construction of the principal dwelling structure.
The proposed Site Plan shows a large number of existing trees scattered throughout the subject property,
twenty-six (26) of which are scheduled for removal as part of this new home location.
ANALYSIS
Per Title 12-Zoning, Chapter 2 Wetlands Systems, Sect. 12-2-3, any development or construction work on
lands within 100-feet of normal high water markers of wetlands and water resources (as delineated on the
official city wetlands systems map) shall be subject to a Wetlands Permit application review process.
The Wetlands Ordinance further states that any work or development upon or which would otherwise alter
a wetland or potentially impact a water related resource area, must obtain a written permit from the city.
The construction of the new home, grading work in and around the home, vegetation removal, and
installation of the infiltration basin requires this permit before any work commences.
The purpose of the Wetlands Systems chapter of City Code Section 12-2-1 is to:
•Provide for the protection, preservation, maintenance, and use of Mendota Heights wetlands and water
resource related areas;
•Maintain the natural drainage system;
•Minimize the disturbance which may result from alteration by earthwork, loss of vegetation, loss of
wildlife and aquatic organisms as a result of the disturbance of the natural environment or from
excessive sedimentation;
•Provide for protection of potable fresh water supplies; and
•Ensure safety from floods.
As part of any Wetlands Permit review, the city must consider and evaluate the standards and conditions
as noted in the Wetland Ordinance Section 12-2-7, including but not limited to the following:
•Runoff from developed property and construction projects may be directed to the wetland only when
reasonably free of silt and debris and chemical pollutants, and at such rates such as not to disturb
wetland vegetation or increase turbidity.
•Any increase in runoff due to the proposed action will be detained on the site for infiltration through
the soil to the water table.
•No deleterious waste shall be discharged in a wetland or disposed of in a manner that would cause the
waste to enter the wetland or other water resource area.
•Lowest floor elevation of buildings located within the W district must be at least three feet (3') above
the highest known water level.
•Removal of vegetation shall be permitted only when and where such work within the W district has
been approved in accordance with the standards of this chapter.
•Removal of vegetation within the W district but outside the wetland shall be limited to that reasonably
required for the placement of structures and the use of property.
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 3 of 11
•Development of woodlands shall not reduce the existing crown cover by more than fifty percent (50%).
The removal of trees seriously damaged by storms or other act of God, or diseased trees shall not be
prohibited.
As part of the planning review for Lilies Lakeview subdivision in early 2022, staff provided a plat
illustration which included proposed “setback delineation” boundaries for any new dwelling structure on
each lot. This plat included a minimum front-yard setback of 30-feet from new easterly ROW line of
Rogers Avenue (note: Lillie’s Lakeview dedicated an additional 30-feet of land from the original 945
Wagon Wheel parcel, which created a 60-foot ROW section for future roadway purposes); a 15-foot side-
yard setbacks; and a 75-foot rear yard setback – as measured from the ordinary high water line (OHWL)
on Rogers Lake. This added setback is part of the Minn. Dept. of Natural Resources (DNR) identification
of Rogers Lake as a Recreational Development water body; with various structure setbacks noted in the
table – below:
Since this new home is considered a Sewered Structure, it must meet or exceed the 75’ setback as indicated.
The new home meets all required setbacks for this lot. The proposed Site and Grading Plan for the new
single-family dwelling is shown with a 30-foot setback from the west lot line (the easterly right-of-way line
of the undeveloped Rogers Avenue); along with a setback of 30’ from the north side lot line (shared with
Lot 1, Lillies Lakeview). The applicant is also indicating on the site plan a proposed accessory structure, a
shed, to the northeast of the home. The shed is shown to be 15’ setback from the side property line and its
size is consistent with zoning requirements for accessory structures. The plan shows that the proposed home
exceeds the 75’setback from the OHWL of Rogers Lake-North to the west and southwest. The accessory
structure is also located outside of the OHWL setback. Along with the delineated 75’ OHWL setback line,
the applicant has provided a 37.5’ buffer which is called out on the plans as a “No Impact Shore Zone” (see
partial Site Plan image – page 4). This buffer is above and beyond what the City ordinance would require
for a 25’ no disturbance buffer on this lot.
The closest point of the new dwelling as well as the south-east corner of the proposed 3-season porch to the
rear of the home is approximately 97’ to the OHWL of Rogers Lake. The proposed upper deck on the rear
of the home is not within the 100’ buffer, and is setback 109’ at its closest point. Additionally, the proposed
12’x10’ (120 Square feet) shed is setback approximately 98’ to the OHWL of Rogers Lake. The ground-
floor elevation of the southeast corner of the proposed dwelling is 875.7, which is consistent with the
Wetlands System ordinance requirement that the lowest floor elevation must be at least 3’ above the highest
known water level. The OHWL of Rogers Lake is 872.2, and the highest known water level.
The Site and Grading Plan shows an infiltration basin south of the proposed home, planned to be 10’ wide
and 1.2’ deep. The basin is setback approximately 55’ from the OHWL of Rogers Lake-North, and
approximately 5’ north of the delineation line of the wetland features, per the recorded delineation as
provided by the applicant. The applicant has provided a map of the surveyed wetland line, which is also
delineated on the provided civil drawings. The survey indicates that the wetland boundary encroaches onto
the existing turf grass remaining from the previous home and lawn. A map illustrating this survey line is
included as an attachment to this report: “Delineated Aquatic Resources Map”. The Commission should
note that the wetland delineation has been provided to the City as part of the Wetland Conservation Act
process, to be evaluated by the City’s Natural Resources staff. This Statutory process is separate from the
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 4 of 11
Planning and Zoning Wetlands District, which is measured within 100’ of the high water mark of water
resources as delineated on the City’s official wetland map, dated 1976.
The Plan illustrates new, gradual grades to be created from the outer perimeter of the new dwelling, which
tie into the existing grades moving east of the dwelling, and which provide drainage patterns south of the
dwelling towards the infiltration basin.
The City reviews grading, drainage and
erosion control as part of the Wetlands
Permit process for stormwater runoff
and management, and the development
will be subject to a Best Management
Practices (Stormwater Management)
Agreement, as reflected in the staff
recommendation and conditions of this
report. The Stormwater Best
Management Practice (BMP) Plan
must demonstrate that the site will
retain 1.1 inches of rainwater/runoff
from any new impervious surfaces.
This BMP Agreement is typically
handled through the building permit
process. Full erosion/sedimentation
measures will be installed prior to
commencement of work and
maintained throughout the duration of
the construction project.
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 5 of 11
The Erosion Control Plan outlines a perimeter of silt fence or bio rolls which will be present prior to
construction (see partial Erosion Control Plan – page 4) and identifies a “37.5-ft. No Impact Shore Zone”
as a wetland buffer following the lake edge and beginning in width at the OHWL. The contours illustrated
on both the Site and Grading Plan, and the Erosion Control Plan indicate that no additional land disturbance
through grading associated with the project will be located beyond the perimeter erosion control measures.
Some grading and erosion control measures will also occur west of the parcel within the undeveloped
Rogers Avenue ROW, including the temporary rock construction entrance.
The applicant is proposing some vegetation removal to occur within the 37.5’ No Impact Zone as identified
on the Trees to be Removed Plan, to facilitate the removal of seven (7) ash trees. Per 12-2-7A(23), the
removal of diseased trees shall not be prohibited in the Wetlands District. A condition has been added
within the staff recommendation that no additional grading or land disturbance is to occur within this buffer,
except for the installation of erosion control measures (if applicable). Disturbed areas adjacent to the Rogers
Lake edge are recommended to be seeded with a wetland or native plant seed mix if needed as part of the
aforementioned erosion control needs. In addition to compliance with the City’s Land Disturbance guidance
Document, the development of this lot is also expected to comply with applicable regulations and codes
from other agencies.
The proposed 97-foot building setback of the home from the OHWL is in excess of the 75-foot OHWL
setback which was delineated as part of the Preliminary and Final Plat of this site. In addition, the proposed
37.5-ft. No Impact Shore Zone exceeds the width of the 25’ No Disturbance wetlands buffer that the City
has required as a condition of approval on other wetland permit applications. The enhanced buffer along
this lake edge will help to reduce and eliminate any runoff from the site and into the water resource area.
Trees & Vegetation
As part of the 2022 application review for the Lillies Lakeview plat request, this same Applicant/Developer
provided a very detailed survey and plan that illustrates a large number of significant trees scattered
throughout the original 945 Wagon Wheel Trail property. Most of these trees were identified as deciduous
species consisting of ash, maples, cherry, cottonwood, and oaks ranging in various sizes between 6 – 24-
inches in diameter, along with a few 6 – 12-ft. high pine or coniferous trees; and this report indicated or
stated the following:
“The Applicant/Developer intends to preserve and protect a number of these trees during the removal
of the old structures, and save as many as possible during the course of constructing the new homes
on each lot. However, the large number of ash trees identified on this site may lead to a number of
these trees to be removed as part of the EAB management program. [Developer] has stated they will
make every effort to save and protect any significant trees throughout the site; and agreed to provide
individualized and custom designed (architectural) landscape plans on each new home site that will
comply with the city’s Pollinator Friendly Policy, with new trees and vegetation to comply with the
related Native Plantings List. “
As noted previously, the Site Plan shows many existing trees, with 26 trees indicated for removal on the
attached “Trees to Be Removed Plan”. (Thirteen of the scheduled removals are ash trees, with an additional
5 Maples and 8 pine trees). Per the Plan, approximately 28 of the existing trees on the subject site will
remain in place or be made part of the overall landscaping plans for this new home project –a number of
mature maple trees, as well as cottonwoods, oaks, and pines. The scheduled removals do not exceed the
50% crown coverage threshold within Chapter 2: Wetlands Systems of the Zoning Title. The ordinance
also notes that the removal of damaged or diseased trees shall not be prohibited; there are a significant
number of ash trees on this site that may lead to future removal as a result of the Emerald Ash Borer. A
landscape plan has been submitted by the Applicant, indicating the installation of sod in areas surrounding
the perimeter of the home and a hydroseed mix applied within the remaining disturbed area on the site. The
Landscape Plan notes also indicate that a wetland mix will be applied within the infiltration basin. A
condition has also been included that a wetlands mix be applied to disturbed areas adjacent to Rogers Lake,
and that all new plantings in the Wetlands District be consistent with the Native and Pollinator Friendly
Plantings List of the City.
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 6 of 11
Utility & Access Plans
The approved Lillies Lakeview plat showed new and separate water and sanitary service lines would be
connected to the existing Wagon Wheel Trail systems, and extended north inside the Rogers Avenue ROW
section, and serve both new lots at this location. It was assumed that any proposed new home on Lot 2 (this
particular case) would re-use the existing services provided to the old 945 Wagon Wheel Trail dwelling. If
it is determined by the developer these services are no longer feasible, approval of any new (or existing)
service lines will have to be reviewed by the Public Works Director and/or St. Paul Regional Water
Services.
The two properties to the west of the subject site - 953 and 963 Wagon Wheel Trail have access over and
across the undeveloped section of Rogers Avenue ROW by means of a License Agreement approved by
the City in 2013 (see attachments). This agreement was created as part of a lot split approval at or around
the same time. This license agreement also provided a Shared Driveway Maintenance Agreement
between all the properties using this right of way.
The two new properties created under Lillies Lakeview were also approved to have their access granted
under a new (or revised) License Agreement with the city, and if necessary, the two adjacent properties to
the west (which currently have such an agreement). The Applicant is required to prepare or submit a
revised Shared Driveway Agreement between all residential properties utilizing this undeveloped ROW
for private driveways and access. At this time, the Applicant is working with staff to provide this
agreement, and will continue coordinating with the future buyers of both this property and the recently
approved home to the north prior to the Certificate of Occupancy issuance for the homes.
City Goals and Policies
City staff has also identified a select number of Goals and Policy statements from the Natural Resource
chapter of the 2040 Comprehensive Plan, which provide additional support in granting approval of this
requested Wetlands Permit, as follows:
GOAL 1: Develop a professional, comprehensive, strategic Natural Resources Management Plan for
city-wide natural areas and natural resources.
Policies:
9.Protect steep slopes, bluffs, and other sensitive areas from erosion and other threats,
specifically throughout the development process.
10. Encourage and promote the use of conservation design principles.
Staff Comment: The applicant will provide Stormwater BMPs and erosion control measures, as
outlined in the City’s Land Disturbance Guidance Document. The proposed dwelling is situated at
the closest 30’ front yard setback, limiting the footprint impact of the structure.
GOAL 2: Protect, connect, restore, buffer, and manage natural areas, wildlife habitat, and other
natural resources, for high ecological quality and diversity of plant and animal species.
Policies:
1.Monitor new developments for restoration and invasive plant management.
4.Restore areas throughout the city with pollinator-friendly or native species to protect and
enhance habitat for native pollinators and birds.
7.Explore the development of ordinances and or policies that establish minimum soil standards for
development and redevelopment that can support turf, plantings, and/or healthy turf
alternatives.
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 7 of 11
10.Prior to approval of landscape and development plans, work with applicants to encourage the
preservation and installation of high ecosystem value communities.
Staff Comment: The developer is committed to maintaining erosion control throughout construction
and re-vegetating per the Landscape Plan within 48 hours of final grading. The development will utilize
a wetland seed mix within the infiltration basin, and the application is subject to the condition that
the Native and Pollinator Friendly Plantings list be utilized for new plantings within the Wetlands
district. Planning staff will work with the applicant during the building permit process in coordination
with the City’s Natural Resources Coordinator.
GOAL 3: Protect and restore the natural ecological functions of the city’s water resources with
emphasis on the improvement of stormwater management.
Policies:
1.Explore and develop operational and procedural modifications to better enhance and support the
thriving of the natural environment.
2.Work with partners to implement projects and develop and support programs that encourage
infiltration, to reduce stormwater runoff and pollution to water-bodies.
4.Identify areas within the city, including public and private land that are lacking adequate
stormwater treatment, and other stormwater BMPs. Implement projects to establish functioning
stormwater treatment in order to protect and improve the city’s water resources.
Staff Comment: City staff have implemented Stormwater BMP Agreements into the building permit
process. The BMP Plan and Agreement are recorded against the property with Dakota County.
ALTERNATIVES
1.Approve the Wetlands Permit for 941 Wagon Wheel Trail based on certain findings-of-fact, along with
specific conditions of approval; or
2.Deny the Wetlands Permit for 941 Wagon Wheel Trail based on revised findings-of-fact supporting
such a recommendation as determined by the Planning Commission; or
3.Table the request and direct staff to extend the application review period an additional 60-days, pursuant
to MN State Statute 15.99.
STAFF RECOMMENDATION
Staff recommends approval of the requested Wetlands Permit to SD Custom Homes/Sean Doyle and for
the property located at 941 Wagon Wheel Trail, which would allow the construction of a new single-family
residential dwelling, based on the attached findings-of-fact and subject to the following conditions:
1. The Applicant/Developer must provide a new and/or revised License Agreement with the city to
approve any access from the undeveloped section of Rogers Avenue right-of-way.
2.The Applicant/Developer must provide to the City a revised (or new) Shared Driveway Easement
Agreement signed by all owners (of record) of the adjacent residential properties utilizing Rogers
Avenue right-of-way for private driveways and access.
3.Any new or existing sanitary or water service lines shall be reviewed by the Public Works Director
and/or St. Paul Regional Water Services prior to issuance of any building permit.
4.The new dwelling and any related construction work shall comply with all other and applicable
standards and conditions under Title 12, Chapter 2 Wetlands Systems of City Code.
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 8 of 11
5.The Applicant/Developer must provide a Best Management Practices (Stormwater Management)
Agreement to the City as part of the building permit submittal and review process.
6.All disturbed areas adjacent to the Rogers Lake edge shall be planted or seeded with MnDOT Seed Mix
List #33-261, or a City-staff approved similar product.
7.No additional grading or other land disturbance shall occur within twenty-five feet (37.5’) from the
edge of the adjacent water body, except for the removal of diseased trees, installation of erosion control
measures (if needed) or for the plantings of any new seed mixtures or landscaping materials, and only
with city approvals.
8.Full erosion/sedimentation measures shall be installed prior to commencement of work and maintained
throughout the duration of the construction project. Erosion barriers shall be placed and maintained
along the outer edges of the new home project work area and remain in place until all disturbed areas
have been restored.
9.Any grading and/or construction activity related to the development of this lot shall comply with all
applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land
Disturbance Guidance Document.
10.Best efforts will be made by the contractor(s) to “come clean, leave clean” during the course of
construction on the Subject Property, and ensure new ground mulch or plant materials are free of any
invasive species
11.Prior to the release of any escrow payment or issuance of any certificate of occupancy (C/O) on the
new dwelling, all disturbed areas must be shown or demonstrated that the new vegetative buffer seed
mixture was successfully planted, and plant growth has been established, taking place or is holding.
12.A building permit must be approved prior to the commencement of any construction work on the new
residential dwelling. Construction work shall occur only between the hours of 7:00 am and 8:00 pm
weekdays; and 9:00 am to 5:00 pm weekends.
ATTACHMENTS
1.General Location/Aerial Map
2.Certificate of Survey
3.Site & Grading Plan
4. Erosion Control Plan
5.Trees To Be Removed Plan
6.Landscape Plan
7.Wetlands Map
8.Soils Map / Classification
9.Existing License Agreement
10.Existing Shared Driveway Maintenance Agreement
11.Delineated Aquatic Resources Map
12. Proposed Basement Floor Plan
13. Proposed First Floor Plan
14. Proposed Second Floor Plan
15. Proposed Exterior Elevations
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Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 9 of 11
FINDINGS-OF-FACT FOR APPROVAL
Wetlands Permit for SD Custom Homes/Sean Doyle
941 Wagon Wheel Trail
Planning Case No. 2024-02
1.The proposed construction activities related to the new dwelling project and allowed under this
Wetlands Permit meets the purpose and intent of the City Code; and meets a number of goals and
policies established under the Natural Resources chapter of the 2040 Comprehensive Plan.
2.All new work will have little, if any impacts to the adjacent lake, or the existing on-site drainage
or drainage from surrounding properties.
3.Applicant will provide additional and suitable wetland protective vegetation material to serve as an
effective natural buffering along the adjacent lake edge, which will help reduce any impacts caused
by stormwater run-off from the yard areas, and help reduce any soil and contaminant runoff.
4.This property will provide adequate erosion control measures throughout the duration of the project
and until all areas of the property have been fully planted and restored, which will ensure protection
and lessen any runoff impacts to the adjacent pond during and after construction.
5. The new dwelling project contemplated under this wetlands permit shall be done in accordance
with the current rules and standards of the City’s Land Disturbance Guidance document; and will
be closely monitored by city staff to ensure compliance with all Building Codes and related City
Codes.
14
SITE PHOTOS – 945 WAGON WHEEL TRAIL (EARLY 2022)
LOOKING NORTHEASTERLY – TOWARDS ROGERS LAKE LOOKING EASTERLY – TOWARDS ROGERS LAKE
LOOKING NORTHWARD – EAST SIDE OF HOME LOOKING NORTHEAST FROM NORTH LOT LINE
LOOKING SOUTHWARD – SHARED DRIVEWAY LOOKING TOWARDS FRONT AND SIDE YARD
15
Planning Case 2024-02 (941 Wagon Whl. Trl. – SD Custom Homes) Page 11 of 11
WEST SIDE YARD AREA LOOKING NORTHWARD – ROGERS AVE. ROW
LOOKING SOUTHWARD – ALONG SHARED DRIVEWAY
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WAGON WHEEL TRLPRIVATE RDCHERI LNSWAN CTCYGNET LNMENDAKOTA CTSWAN DRWAGON WHEEL CTNearmap US Inc, Dakota County, MN
Location Aerial Map941 Wagon Wheel Trail
Date: 2/23/2024
City of
Mendota
Heights0340
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 containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor 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.
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WETLANDS MAP
941 Wagon Wheel Trail
City of
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Heights0140
SCALE IN FEET4/20/2022
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Delineated Aquatic ResourcesSD Custom Homes941 Wagon Wheel RoadMendota Heights, MN
Figure 5
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Survey Area (2.2 ac.)
!Wetland Pin Flag
Wetland Line
Parcels (Dakota County)
LiDAR (2' contours)
Sources: color Dakota 6 in, 2021,MnGeo, MN Department of Natural Resources,US Census Bureau, Date: 2/14/2024
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