CY31-25

Request of Northern Natural Gas Co. for 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 8’ barbed wire fence in the residential 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. (Blue Earth County PID R010919226001 and R010919226002, 1204 and 1210 Warren Street).

The anticipated date of City Council action is July 28, 2025. 
 

The applicant is Northern Natural Gas. 

The applicant is requesting a conditional use permit to allow for 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 8' barbed wire fence in the residential district. 

The subject properties are located at 1204 and 1210 Warren Street. 

The property at 1204 Warren Street is currently the location of an essential service utility facility. 1210 Warren Street is the location of an existing church. 

The subject properties are zoned R-1, one-family dwelling, district. 

There is a slope/bluff area and a woodland located at 1210 Warren Street. 

If needed, public utilities will serve the site. 

Mankato City Code pertaining to the applicable R-1, one family dwelling, zoning district can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTIIREDI_DIV3OMIDWDI 

Mankato City Code pertiaing to Special Provisions for essential use facilities can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTXSTGEAP_DIV2SPPRAPSPPECOUS_S10-1504ESSEUTSTFA

 

The Site Plan and Traffic Advisory Committee reviewed the item at their June 10, 2025 meeting and provided the following comments: 

1. Provide a grading plan that minimizes drainage toward the ravine to reduce impacts. This shall be provided with the building permit submittal for the improvements.
2. General note: if not already complete, please log onto the online portal and make notification fee payment.
3. General note: the installation of equipment will be subject to Minnesota Rule standards 7030 and the applicant will be responsible for obtaining noise studies in the event that issues arise related to the noise from the new equipment. 

Northern Natural Gas Co. is requesting 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 8’ barbed wire fence in the residential 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. The Parcel Identification Numbers include Blue Earth County PID R010919226001 and R010919226002,and the subject addresses associated with the proposal are1204 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.

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. Mankato City Code section 10-2, Definitions, further provides, "Essential service utility structure and facility includes, 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’ X 100’ 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 applicant’s narrative states that 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 X, Division 2, Sec. 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' 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 criteria. 

The City of Mankato Code requires that essential service utility structures and facilities that are located in residential districts be screened from adjacent residential uses. This site is located in a residential district and the screening/landscaping plans provided with the submission 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' 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, in the event that 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’ 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, Sec. 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 chain link, to the height of 6 feet. Then, atop the wire fabric material, 3 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 face 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 particular 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 the 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 to the essential character of the locality.
 

Staff respectfully submits the following findings of fact for the requested conditional use permit to allow the operation of an essential services facility in the R-1, one family dwelling, district. 

1. The proposed use as an essential services facility is considered a conditional use permit in the R-1 zoning district.
2. The request is in keeping with the comprehensive planning policies of the City as the underlying land use plan identifies this parcel as "low density residential", where as facilities are necessary to serve residences and other related uses. 
3. The proposal does not interfere with or diminish the use of property in the immediate vicinity. The existing facility has operated at this location in the past and there has been no indication of interference or diminished property values in the immediate vicinity. 
4. The proposal will be served public facilities and services as necessary. 
5. The proposal does not cause undue traffic congestion as the site will be accessed for maintenance and servicing purposes, and parking stalls, if added, will be required to conform to the Code criteria. There are no proposed changes to the access to the Site from Warren Street.   
6. There are no known historical or architectural resources on the site. 
7. There is a natural and environmental features on the site, a bluff/ravine. There are no impacts proposed, and the applicant intends to maintain the code required 10' setback with the proposed expansion. 
8. It will not cause a negative cumulative effect and effect on the City as a whole. 
9. To the extent known, the development conforms with all other applicable regulations of the district, and other applicable ordinances. 
10. The proposal will not jeopardize the public's health, safety, or general welfare. 

Staff respectfully submits the following findings of fact for the requested variance to allow for the installation of a barbed wire fence in the R-1, one-family dwelling district. 

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 necessity to provide safety and security, and a minimum height fence for the site.
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 that given the presence of the existing use and facility, there is a unique and particular hardship . 
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 site has been at the location previously.  
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 installation of the fence will deprive the owner the ability to continue the existing fencing style and conditions and will, additionally, deprive the owner of the ability to continue to secure their site to the established safety protocols.  
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. 
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:

Staff recommends approval of the conditional use permit to allow the expansion of the essential services facility and the variance with the following conditions:

1. Screening on the west side, also known as the front yard, of the facility shall be incorporated in accordance with the Mankato City Code.  
2. The installation of equipment will be subject to achieving Minnesota Rule standards 7030 related to noise. The applicant will be responsible for obtaining noise studies and implementing mitigation strategies, in the event that issues arise related to the noise from the new equipment.
3. If new exterior lighting is proposed, it shall achieve Mankato City Code. This requires, but is not limited to, full-cut, fully shielded light fixtures and a photometric plan demonstrating that lighting levels at the property line do not exceed 1/2 foot candle. 
4. The finished side of the fence should face outward in conformance with the Mankato City Code.