CY01-25

Request of Habib Sadaka for an amended certificate of design compliance for a new structure located in the Highway Gateway Overlay District and for a review of a previously approved variance to reduce the front yard building setback on the Madison Avenue side of the property from 15 feet to .92 feet. The subject property is described as the north half of Lot 9, and Lot 10, Auditors Plat 27, (830 N. Broad Street, etal). 

The applicant is Habib Sadaka.

The request for an amended certificate of design compliance for a new structure located in the Highway Gateway Overlay District and for a review of a previously approved variance to reduce the front yard setback on the Madison Avenue side of the property from 15 feet to .92 feet. 

The subject property is described as the north half of Lot 9, and Lot 10, Auditors Plat 27, (830 N. Broad Street, etal).

The existing land use is a vacant building. 

The property is zoned B-1, Community Business District. 

There are no known environmentally sensitive areas on the site. 

The site is currently served by public utilities and the new proposed development is also proposed to be served by public utilities.

Mankato City Code section 10.45 pertaining to the B-1, Community Business District, can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSZO_PTVCODI_S10.45COBUDI 

Mankato City Code section 10.48 pertaining to the Highway Gateway Overlay District can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSZO_PTVCODI_S10.48GTGAOVDI 

Mankato City Code section 10.94 pertaining to Variances can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSZO_PTXADEN_S10.94VA 

The Site Plan and Traffic Committee reviewed the item on January 14, 2025 and submitted the comments below:

1. Applicants shall be aware that additional connection fees will be removed because of the removal of the residential units.
2. Applicant shall be aware that the utility connection will be in Broad St. Applicants will need to coordinate with public works. 
3. The applicant shall be aware that a storm sewer connection will need to connect with a structure and that can be buried. It does not need to be located at the surface.
4. Applicants shall be aware that City of Mankato does snow removal on Madison Avenue, but Broad Street would be their responsibility to maintain. 
5. Applicant shall be aware that this location will have the address 830 Broad Street. 
6. The applicant is advised that landscaping activities must be conducted exclusively on private property and shall not extend into the public right of way.

Site plan comments from May 9, 2023 for the previous request and reviewed were as follows:  

1. Notification fee shall be paid on the online portal prior to the Planning Commission meeting. 
2. The contract for deed owner shall provide their consent for the application in order for the application to continue processing. 
3. The applicant shall provide a snow removal plan. 
4. The applicant shall clarify whether there are encroachments needed for footings or other permanent building materials/systems. 
5. The parking proposed for use to achieve the code standards shall achieve Manakato City Code including, but not limited to, hard surfacing, 6" curb around the entire parking area, striping, the City of Mankato parking plates for stall size and backing movements, screening and all other criteria as found in Mankato City Code. This includes the 4 stalls on the vacant lot across the alley, and the stalls in the existing parking lot located across the alley. 
6. The applicant shall provide a legally recorded long-term, perpetual easement that allocates exclusive use of the required stalls on the adjacent sites to demonstrate conformity with the subject development site. This will be required prior to the building permit submission. 
7. The applicant shall arrange for the use of the right of way if necessary for future window cleaning, or other access or maintenance issues on the Madison Avenue side of the structure. This will require an obstruction permit each time access is desired from the right-of-way area. 
8. In order to achieve ADA requirements, the applicant shall include either an elevator, or an ADA unit on the lower level of structure. 
9. The applicant will be responsible for connection fees as per City of Mankato standards. The connection fee is roughly one REU, Residential Equivalent unit, per residential unit, and the estimated fee is $2,500 per REU. Questions pertaining to this item shall be directed to Carie Becker in Utility Billing. 
10. The commercial spaces will require a separate water meter than the residential. 
11. There will be two addresses for the facility. 828 N. Broad will be the address for the residential units, and 830 N Broad will continue as the commercial suite address. 824 and 826 N Broad and 225 Madison Avenue addresses will be retired. 
12. The applicant shall provide a private storm drainage system that achieves Mankato City Code. 
13. Applicant shall identify the location of the mechanical equipment, and the equipment shall be screened accordingly.
14. The photometric plan appears to require slight modifications in order to achieve the maximum lighting levels of ½ foot candle at the property line. Adjust accordingly.
15. Applicant shall provide the details on the proposed fence to be located to screen the parking lot area. Details shall include the fence material, and softening. Additionally, the fence shall not exceed 4’ be located in the front yard (Broad Street). Details shall be provided which address the current neighboring fence encroachment and the proposed resolution.
16. The landscaping plan shall include a minimum of 1 deciduous tree, 2 1/2” caliper for every 50 lf of parking lot. 

Habib Sadaka, is requesting an amendment to the certificate of design compliance for a new structure located in the Highway Gateway Overlay District and for a variance to reduce the front yard building setback on the Madison Avenue side of the property from 15 feet to .92 feet.

The subject property is located on 3 existing parcels, which will be combined to form one zoning lot. The addresses associated with the parcels are 824, 826 and 830 N. Broad Street, and 225 Madison Avenue. The subject properties are described as the north half of Lot 9, and Lot 10, Auditors Plat 27. 

The property is currently occupied by a one-story, approximately 960 square foot building, which is proposed for demolition with this redevelopment proposal.

On June 12, 2023, the same variance proposal was approved by city council. 

Certificate of Desgin Compliance 
The subject property is located in the Highway Gateway Overlay District and, as such, a certificate of design compliance is required for the construction of a new approximately 106' x 32' two-story structure.

A certificate of design compliance was approved in June 2023. This current request includes changes, such as the building from the previous 3-story structure to a now proposed 2-story structure. This request removes the parking area that was previously located adjacent to Broad Street, which eliminates the previously required variance on that side of the property. Additionally, the previous approval contemplated residential uses within the building, and the current request is proposing that the use of the building will be for office purposes only. 

The materials for the exterior will be a mix of lime stone from Vetterstone, metal plank in Harrywood, Hardie square panel siding, black metal trim, and matte black or earthtone canopies. The submittal mentions that lighting fixtures will be down lighting only, which meets city code standards for exterior lighting. However, the photometric plan that the applicant sent in with the proposal will need to be adjusted in order to achieve Mankato City Code requirements which allow a maximum lighting level at the property line of a one-half-foot candle.

The structure lot coverage of 21.76% conforms to Mankato City Code requirements, which allow 75% coverage. The Floor Area Ratio, (FAR), which is the floor area of the building, or buildings, on a lot divided by the area of that lot, conforms to the Mankato City Code. The building height, proposed at 24 feet, also conforms to Mankato City Code requirements, which allows 35 feet. 

The building will be used as an office building. The floor plans show offices on both floors, storage areas, conference rooms, and bathrooms. The proposed building floor plans depict a 2-story structure, with a building footprint of 3,392 square feet on each level for a total building area of 6,784 square feet. The topography is significantly higher on the Madison Avenue side of the lot, than on the southerly side, and for that reason, the new structure will be designed and constructed to accommodate the lot's existing topography. This will result in a structure that is at grade on the Madison Avenue side, and only 1 story will be above grade. Retaining walls are shown on the plan on the Madison Avenue side of the structure. The rear of the building will be a full 2 stories at grade level. 

The parking conforms to Mankato City Code. The site requires 20 parking stalls and the applicant is providing 23. The new commercial building is proposed for office-type uses, which has a parking requirement of 1 parking stall per 250 square feet of usable floor area, thus 20 stalls are required and 23 stalls, including 2 handicapped stalls, are being provided. Bicycle parking will also be a requirement per city code, a condition has been included herein. 

The Highway Gateway Overlay District requires that wherever a surface parking area faces a street frontage, the parking area shall be screened from the street with a wall fence, or hedge to a minimum of four (4) feet nor more than eight (8) feet in height, nor be less than eighty percent (80%) opaque. This screening must be accomplished in the setback area between ten (10) feet and fifteen (15) feet from the right-of-way line. Landscaping is shown around the parking lot areas adjacent to Broad Street. Adjustments to the landscaping will be required to ensure that the plans achieve Mankato City Code. Adjustments such as providing a minimum of one, 2 1/2" caliper deciduous tree for every 50 lineal feet of parking lot as well as a minimum of one, 6' evergreen tree for every 25 lineal feet of parking lot, softening of the fencing area, and the required screening will be required. A recommended condition is included which requires a Mankato City Code conforming landscaping submission to be included at the time of building permit submission.  

The applicant has provided a snow removal plan which shows snow removal for the site to be stored on the adjacent vacant site, across the alley. The snow removal plan indicates that if the adjacent lot does not have sufficient space to accommodate the snow storage, or if the vacant lot is subsequently developed in the future, the snow will be hauled off site. A recommended condition is included, which conditions the placement of the snow on the subject vacant lot so as not to impede the site triangle. 

A fence is shown on the southern side of the property to screen the parking area from the adjacent property. 

A recommended condition is included which requires the applicant to submit a site signage plan for the development for review and approval prior to the first sign permit for the development being issued. The plan shall contemplate all the proposed businesses, their signage needs, and shared signage panels on those frontages that face the street and are primarily residential in nature.

Variance 
The applicant is seeking a variance for the placement of the building on the Madison Avenue side of the property. The Highway Gateway Overlay District requires a 15' minimum building setback, and the proposed setback is .92 feet. In 2008, a variance was granted  by the Mankato City Council for the subject parcel, which allowed a decrease in the setback to .75 feet. In 2023, a variance was approved by the Mankato City Council for the same proposed setback. However, those proposed structures were never constructed and the variance for the 2023 approval has lapsed. Consideration is again being sought for this new proposal for the site, which will also require a variance. 

Because of the requested variance on the Madison Avenue side of the property, mechanical and electrical and other equipment will not be permitted on the north/Madison Avenue side of the property. A recommended condition is included to address as much. 

A recommended condition is included, which outlines that if encroachments are necessary for footing or other building components, the applicant shall obtain a license to encroach. A recommended condition is also included that if the right of way is needed temporarily for construction purposes, a right of way permit or obstruction permit shall be obtained prior to work occurring. 

When considering the variance, three factors should be considered; reasonableness, uniqueness, and essential.

Reasonableness- This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. The ordinance requires a front yard structure setback of 15'. A previous variance was granted for the construction of the project on the subject site, which allowed the front yard to be reduced to .75', and then again approved for the same proposed setback being proposed today, in 2023. 

Uniqueness - The second factor is that the landowner’s problem is due to circumstances unique to the property not caused by the landowner. As stated, the property is limited in size and is narrow, which provides a development challenge. Additionally, the property's topography is significantly higher on the Madison Avenue side and the proposal includes a structure which adapts to the given topography on the site.

Essential Character - Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. As previously stated, the property is zoned B-1, Community Business District, which allows the proposed uses as a conditional use. Secondly, the City's adopted Urban Design Guidelines provide guidance on the Madison Avenue corridor generally. The general site development guidelines outline private redevelopment strategies that should work in concert with those of the city to improve the highway commercial areas along Madison Avenue. The guidelines state that the relationship between buildings, parking lots and the street is the most important design element within the highway's commercial areas. Madison Avenue's evolution into a typical suburban commercial strip has been influenced by increasingly accommodating the automobile. Widely spaced buildings that are separated from the street by parking lots characterize the Madison Avenue area. Such an environment, though convenient for the automobile, appears cluttered and inhospitable to pedestrians.

The Urban Design guidelines for the Madison Avenue area state that shaping community identity should occur with buildings, not parking lots. Buildings placed up to the street, especially at intersections, within the highway commercial districts will better shape the street corridors and, ultimately, the identity of the community. Parking should be placed on the side or at the rear of the building.

The guidelines further clarify the edges of the Madison Avenue corridor. The guidelines state that street corridor edges should be well defined by: 

• Locating buildings, or parts of buildings, close to the street;
• Locating buildings at the corner of sites abutting intersections;
• Buffering parking lot edges with a combination of trees, plantings, walls, or railings; and
• If a building must be set back from the street, it should be separated by no more than one row of parking.

Given the lot location at an intersection and the existing site topography, the development seeks to achieve the essential character of the Madison Avenue corridor urban design guidelines on the subject site. The applicant would be unable to attain the required 15' building setback and achieve the recommended parking at the rear of the structure as proposed in the Urban Design Guidelines for the Madison Avenue corridor area without the requested variance. The parking lot is behind the structure, and the structure is located along the edge of the street. 
 

Staff respectfully submits the following findings of fact for the certificate of design compliance.

1. The proposed use conforms with the standards set forth in the B-1 Community Business District. 
2. The proposal, when including the implementation of the required conditions, conforms to Mankato City Code section 10.48 Highway Gateway Overlay District. 

Staff respectfully submits the following findings of fact relative to the variance:

1. The applicant has established that conforming to the strict letter of the provisions of this chapter would create a unique and particular hardship because of the size of the existing lot, the existing topography of the site, and the desire to achieve the Urban Design Guidelines for the Madison Avenue corridor.
2. Unique and Particular Hardship. Unique and particular hardship is defined as the property is exceptional as compared to other property subject to the same provisions by reason of a unique physical condition, including the presence of an existing use or structure, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot. The hardship shall amount to more than a mere inconvenience to the owner and the hardship shall relate to the physical situation of the lot rather than the personal situation of the current owner of the lot. The applicant has demonstrated the existing physical conditions on the lot having a narrow width, the topography, and the desire to achieve the general site development guidelines for the Madison Avenue corridor by having the building define the corridor edges . 
3. Not Self-Created. The unique physical condition and hardship is not the result of any action or inaction of the property owner or its predecessors in title. The unique physical condition shall have existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this chapter. The current structure on the site does not appear to achieve the required setback, a variance was previously issued which allowed a decrease in the setback, and the width of the lot and topography have not been created by the applicant. 
4. Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other property subject to the same provisions. The current width of the lot, topography and in order to achieve the City's adopted design standards of locating the building to define the corridor edge with all of the parking behind the structure, and in navigating the topography of the site achieving the desired provisions for this lot, is challenging. 
5. Not Merely Special Privilege. The alleged hardship does not include the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision. The alleged hardship shall not include the inability of the property owner to realize a greater profit than if the variance were not granted.
6. No Other Remedy. There are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the lot. The development design strives to incorporate the urban design criteria, while navigating the existing site topography and width. 
7. Variance Less Than Requested. There is no known variance that is less than or different from that requested, which would provide the applicant with the right to some relief but not to the relief requested.
8. Essential Character of the Area. The variance would not result in a development on the lot that:
   1. Would be detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity. 
   2. Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity. 
   3. Would substantially increase congestion in the public streets due to traffic or parking. 
   4. Would unduly tax public utilities and facilities in the area. 
   5. Would unduly increase the danger of flood or fire. 
   6. Would endangers the public health or safety. 
   7. Would not be in harmony with the general and specific purposes of this chapter and the comprehensive planning policies and objectives of the City. 

 

Staff recommends the approval of the certificate of design compliance subject to the following conditions: 

1. Bicycle parking shall be provided in conformance with Mankato City Code. 
2. The applicant shall provide a photometric plan showing lighting levels at the property line that conform to City of Mankato 10.89 standards.
3. The applicant shall provide lighting cut sheets for all proposed exterior light fixtures, and the fixtures shall conform to Mankato City Code standards. 
4. The applicant shall provide a landscaping plan which achieves Mankato City Code sections 10.48 for screening and section 10.88. The plan shall be provided with the request for a building permit application. 
5. Prior to the installation of any signage, a development sign plan shall be submitted for review and approval. 
6. Prior to the fabrication or installation of any signage, a City of Mankato sign permit shall be in place. 
7. Snow storage as proposed on the adjacent vacant lot shall not be located in the sight triangle.
8. The elevations shall conform to the submitted elevations approved by the Planning Commission.
9. All new exterior finishes shall conform to the Mankato City Code. Exterior architectural metal panels shall have concealed fasteners and shall not be exposed. 

Staff recommends approval of the variance requests subject to the following conditions: 

1. If encroachments occur for permanent building components, a license to encroach shall be obtained prior to the subject encroachment occurring. 
2. If temporary access for construction, window cleaning or any other means is necessary in the public way, the appropriate right of way permit, obstruction permit or others shall be obtained in accordance with City of Mankato standards prior to work occurring.  
3. All mechanical and electrical equipment, venting, metering, and other related elements shall occur on the western side of the property and shall be screened in accordance with Mankato City Code.