Set July 28, 2025, as the date of the public hearing to review a Conditional Use Permit to allow the expansion of an existing essential service utility facility located in the R-1, One-Family Dwelling District, and for a variance to allow for the continuation of an eight-foot barbed wire fence in the residential district (1204 and 1210 Warren Street); by request of Northern Natural Gas Company.

At the June 25, 2025, meeting, the Planning Commission recommended setting the date of public hearing to review the request.

Northern Natural Gas Company is requesting to set the date of hearing for a variance to allow for the continuation of an 8-foot barbed wire fence in the residential district and a conditional use permit to allow the expansion of an existing essential service utility facility located in the R-1, one-family dwelling district. The subject property is described as a tract of land located in the north 13.90 acres of the Northeast Quarter of the Northeast Quarter of Section 19, Township 108 North, Range 26 West, Blue Earth County (PID's R010919226001 and R010919226002), and the subject addresses associated with the proposal are 1204 and 1210 Warren Street. 

Conditional Use Permit
The applicant is seeking a conditional use permit to allow an extension of the existing gas utility facility site at 1204 and 1210 Warren Street. The properties proposed for the essential service utility facility expansion are located in the R-1, one-family dwelling district, zoning designation and, as such, "Public utilities, essential service utility facilities and structures, as regulated in Article X, Division 2, of this chapter" are outlined in the Code as conditional uses in the R-1 district. The Mankato City Code, Section 10-2, Definitions, states, "Essential service utility structure and facility include, but is not limited to, a structure or facility used for the location, maintenance or service of communication lines, natural gas, petroleum pipelines, television cables, or electrical transmission lines." 

The site is currently the location of a natural gas facility, and this proposal seeks to expand the subject site. The 40-foot X 100-foot expansion area is on a parcel located to the east of the current essential services utility site and would be available by way of a lease from the church, who currently owns the subject expansion area parcel.

The purpose of the expansion is to accommodate a heater to warm the gas as it passes through the piping to prevent the regulator from freezing and to ensure reliable gas delivery. The narrative describes that the pipeline entering the station operates at 500 psig, which is regulated down to 94 psig for the customer. The significant pressure reduction causes a temperature drop across the regulator, which can impair the operation of regulators and downstream equipment, particularly in winter. To mitigate this, a heater is proposed for installation to warm the gas as it passes through, preventing regulator freezing and ensuring reliable gas delivery.

Plans provided by the applicant depict new equipment located in the expansion area on the eastern side of the existing site and include a heater and associated equipment, piping and apparatuses. The Code, Section 10-1504, provides that a parcel exclusively used for essential service utility structures and facilities is exempt from the minimum area and width requirements. The Code also provides setbacks for essential service sites. No changes are proposed to the front yard setback of the subject parcel, and the new equipment is located such that it achieves the required 6-foot side and rear yard setbacks for essential service structures and facilities. Fences are allowed up to, but not on, the property line, so the setbacks for the location of the fence also conform with the Code. 

The Code requires that essential service utility structures and facilities that are located in residential districts be screened from adjacent residential uses. This site is in a residential district and the screening/landscaping plans provided show the continuation of evergreen trees on the southern side of the property. The northern and eastern sides of the property are screened with existing trees and ravine/woodland/topography conditions. The western side, which faces residential houses across Warren Street, is not currently screened, and a recommended condition is included herein that screening be incorporated into the front yard area, the western side, of the project. 

The Code provides that the essential service utility structures or facilities shall conform to the height provisions of the underlying zoning district. The plans provided show a pipe on the new heater that is approximately 208 inches tall, which is just over 17 feet, and this achieves the R-1 district height criteria of 30 feet. 

The plans do not show the addition of any new parking areas, and the existing site will be utilized for parking. If temporary parking of maintenance or utility vehicles is proposed in the new expansion area, those areas will be required to achieve Mankato City Code standards, which state that, "All parking areas and drives shall be hard surfaced and conform to the standards set forth in this article. Parking areas shall only be used for the temporary parking of maintenance and utility vehicles. Parking is permitted in the required front yard building setback. Fifty percent of the front yard area must be reserved for landscaping, exclusive of parking."  

There are environmentally sensitive bluffs located on the eastern side of the subject site, and they also include woodland areas. While the applicant's leased easement area extends into the bluff area, the applicant is not proposing any fencing or activity in the bluff or the required 10-foot bluff setback area, nor are any trees proposed for removal from the woodland area. Additionally, during the Site Plan process, a comment was provided that the applicant would be required to provide a grading plan to demonstrate the drainage and grading and potential impacts to the adjacent environmentally sensitive bluff. The applicant subsequently responded, indicating that the proposed expansion will not increase drainage towards the ravine and that there will not be a change in the grade. 

The applicant has indicated that the installation of the proposed equipment will not cause noise nuisances. A recommended condition is included herein that requires the applicant to provide a noise study that demonstrates conformance with the rule that applies to all noise in Minnesota, Minnesota Rule 7030, and implement any required noise mitigation strategies to conform to the Minnesota Rule, if noise nuisance issues arise. 

Plans do not depict any new lighting installation and, if any lighting is proposed, it will need to achieve Mankato City Code requirements. A recommended condition is included herein which represents these requirements. 

Variance
A variance is also being requested to continue the existing 8-foot fence, which includes barbed wire on the top, around the new area. There is an existing fence of the same construction type around the current site. Barbed wire is allowed in industrial districts, but because of the zoning designation, R-1, the applicant is seeking flexibility in the use of the fence materials. 

Mankato City Code, Section 10-1746 - Fences, states, "Prohibited material. No fence or wall shall be constructed of any electrically charged element or barbed wire, except that in the industrial districts barbed wire may be used above a height of 6 ½ feet when incorporated with a permitted fence or wall." The Code goes on to say that "All fences in residential districts shall be constructed of stone, brick, finished wood, or chain link. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets." The proposed fencing plans show that the applicant is proposing wire fabric, having an appearance similar to a chain link, to the height of 6-feet. Then, atop the wire fabric material, three strands of galvanized, 4-point, barbed wire are proposed for an additional, approximately 1'3" for a total height of approximately 7'3". The plans do not show which way the fence faces, and a condition is included herein that requires that the finished side of the fence faces outward. 

When considering the variance, three factors should be considered: reasonableness, uniqueness, and essential character. The applicant's responses to each of the factors are also included in italics below. 
Reasonableness- This factor means that the landowner would like to use the property in a particularly reasonable way but cannot do so under the rules of the ordinance. The proposed fence would be a continuation of the existing fencing and is necessary to achieve the required safety standards necessary for the facility. 

Applicant's response: Yes - there is already an existing facility operating at this location.

Uniqueness - The second factor is that the landowner’s problem is due to circumstances unique to the property, not caused by the landowner. The site is an existing site, and the code allows essential service facilities in the R-1 district upon the issuance of a conditional use permit. The site is unique in that there is a necessity to protect the site and provide the necessary safety precautions which are unique to this type of site. 

Applicant's response: Yes - Northern Natural Gas does have to meet multiple security standards brought forth by our obligations to FERC and PHMSA. Minimum fence height is one of those standards.

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. The site is a continuation of its current use as an essential services facility and will not be out of scale, or out of place. The applicant intends to continue the existing evergreen tree screening on the southern side, and a condition is included for screening on the westerly side of the project. 

Applicant's response: Yes - considering there is already a facility in operation at this location, this project will cause no change in the essential character of the locality.