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AGENDA RECOMMENDATION |
Public Hearings 7.A.
City Council Regular Meeting
- Meeting Date:
- 07/28/2025
Agenda Item:
Resolution approving 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 a variance to allow for the continuation of an 8-foot barbed wire fence in the residential district (1204 and 1210 Warren Street); by request of Northern Natural Gas Company.
Recommendation/Action(s):
At the June 25, 2025, meeting, the Planning Commission recommended the adoption of a joint resolution approving the variance and conditional use permit.
Summary:
Northern Natural Gas Company is requesting a Conditional Use Permit to allow for the expansion of an existing essential service utility facility located within the R-1, One-Family Dwelling District, and a variance to permit the continuation of an 8-foot barbed wire fence in a residential zoning district. The subject property is legally 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 (1204 and 1210 Warren Street).
Conditional Use Permit
The applicant seeks a Conditional Use Permit to expand the existing natural gas utility facility at 1204 and 1210 Warren Street.
The properties proposed for the essential service utility expansion are situated within the R-1, One-Family Dwelling District. According to the Mankato City Code, “Public utilities, essential service utility facilities and structures, as regulated in Article X, Division 2,” are identified as conditional uses within the R-1 District. Section 10-2 (Definitions) of the Code further define essential service utility structure and facility as including, but not
limited to, structures or facilities used for the location, maintenance, or servicing of communication lines, natural gas, petroleum pipelines, television cables, or electrical transmission lines.
The site is currently used as a natural gas facility. The proposed expansion involves a 40’ x 100’ area situated on a parcel directly east of the existing facility. This expansion area is under the ownership of a church, from whom the applicant would secure a lease for the project.
According to the applicant’s narrative, the expansion is necessary to accommodate a heater that warms the gas as it flows through the pipeline. This is intended to prevent freezing at the regulator and ensure reliable gas delivery. The narrative details that the pipeline entering the station operates at 500 psig and is regulated down to 94 psig. This significant pressure drop results in a temperature decrease that can impair the functionality of regulators and downstream equipment, particularly during winter months. The proposed heater would mitigate these risks.
Plans submitted by the applicant illustrate the placement of new equipment—namely, the heater and associated apparatuses—in the expansion area to the east of the existing facility. Per Section 10-1504 of the Mankato City Code, parcels used exclusively for essential service utility facilities are exempt from minimum area and width requirements. The Code also establishes setback requirements for essential services. No alterations are proposed for the front yard setback. The new equipment meets the required 6-foot side and rear yard setbacks for such facilities. Fencing is permitted up to, but not on, the property line, and the proposed fence locations comply with these standards.
The Mankato City Code requires that essential service utility structures in residential districts be screened from adjacent residential properties. The submitted landscaping plan proposes to continue the existing evergreen screening along the southern boundary. The northern and eastern boundaries are screened by existing trees and natural topography, including a ravine and woodland areas. However, the western boundary, which faces residential properties along Warren Street, is currently unscreened. A recommended condition requires that screening be installed along this frontage.
The Code further requires that essential service utility structures comply with the height limitations of the underlying zoning district. The plans indicate that the pipe extending from the proposed heater is approximately 208 inches (17 feet, 4 inches) in height, which is well within the R-1 district's 30-foot height limit.
No additional parking areas are proposed. The existing facility will continue to provide parking. If temporary parking of maintenance or utility vehicles is anticipated within the new expansion area, it must comply with City Code standards. Specifically, all parking areas and driveways must be hard-surfaced and may only be used for the temporary parking of such vehicles. Up to 50% of the front yard may be used for parking, with the remaining 50% reserved for landscaping.
The eastern portion of the site contains environmentally sensitive bluffs and woodland areas. Although the applicant’s leased area extends into the bluff, no activity—including fencing or grading—is proposed within the 10-foot bluff setback, and no tree removal is planned. As part of the site plan review, City staff required a grading plan to evaluate potential drainage and environmental impacts. The applicant responded that the proposed expansion would not alter drainage patterns or topography in a way that would impact the bluff or adjacent natural areas.
The applicant has also indicated that the proposed equipment will not create noise nuisances. A recommended condition requires the applicant to submit a noise study verifying compliance with Minnesota Rule 7030 (Noise Pollution Control). Should the equipment generate noise above allowable thresholds, the applicant will be required to implement appropriate mitigation strategies.
No new exterior lighting is proposed. If lighting is added in the future, it must conform to City Code regulations. A recommended condition reflects this requirement.
Variance
The applicant is also requesting a variance to allow for the continuation of an existing 8-foot fence topped with barbed wire around the expanded area. This fencing matches the existing perimeter fence surrounding the current utility site. While barbed wire is permitted in industrial zoning districts, it is prohibited in residential districts, such as R-1. Accordingly, the applicant is seeking flexibility to continue the same fencing design.
Section 10-1746 of the Mankato City Code 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 also specifies that:
"All fences in residential districts shall be constructed of stone, brick, finished wood, or chain link. The finished side of the fence...shall face the neighboring properties or streets."
The proposed fencing will consist of wire fabric similar in appearance to a chain link, with a height of 6 feet. Three strands of galvanized, four-point barbed wire are proposed above this base, adding approximately 1 foot 3 inches, for a total height of 7 feet 3 inches. The orientation of the fence (i.e., which direction the finished side faces) is not indicated on the plans; therefore, a condition is recommended to ensure that the finished side faces outward toward neighboring properties.
When evaluating a variance request, the following three criteria are considered:
1. Reasonableness
The applicant seeks to continue the existing fencing design for consistency and safety. The barbed wire element is part of required security standards for the facility.
Applicant’s Response:
Yes – there is already an existing facility operating at this location.
2. Uniqueness
The site is unique in that it is an essential service facility located within a residential zoning district, where additional safety measures, including security fencing, are necessary. The use is conditionally permitted and subject to federal regulations.
Applicant’s Response:
Yes – Northern Natural Gas must meet multiple security standards required by FERC and PHMSA. Minimum fence height is one such standard.
3. Essential Character
The proposed fence extension continues the existing facility’s use and appearance. With the proposed screening along the western boundary, the project will not alter the essential character of the neighborhood.
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.
Conditional Use Permit
The applicant seeks a Conditional Use Permit to expand the existing natural gas utility facility at 1204 and 1210 Warren Street.
The properties proposed for the essential service utility expansion are situated within the R-1, One-Family Dwelling District. According to the Mankato City Code, “Public utilities, essential service utility facilities and structures, as regulated in Article X, Division 2,” are identified as conditional uses within the R-1 District. Section 10-2 (Definitions) of the Code further define essential service utility structure and facility as including, but not
limited to, structures or facilities used for the location, maintenance, or servicing of communication lines, natural gas, petroleum pipelines, television cables, or electrical transmission lines.
The site is currently used as a natural gas facility. The proposed expansion involves a 40’ x 100’ area situated on a parcel directly east of the existing facility. This expansion area is under the ownership of a church, from whom the applicant would secure a lease for the project.
According to the applicant’s narrative, the expansion is necessary to accommodate a heater that warms the gas as it flows through the pipeline. This is intended to prevent freezing at the regulator and ensure reliable gas delivery. The narrative details that the pipeline entering the station operates at 500 psig and is regulated down to 94 psig. This significant pressure drop results in a temperature decrease that can impair the functionality of regulators and downstream equipment, particularly during winter months. The proposed heater would mitigate these risks.
Plans submitted by the applicant illustrate the placement of new equipment—namely, the heater and associated apparatuses—in the expansion area to the east of the existing facility. Per Section 10-1504 of the Mankato City Code, parcels used exclusively for essential service utility facilities are exempt from minimum area and width requirements. The Code also establishes setback requirements for essential services. No alterations are proposed for the front yard setback. The new equipment meets the required 6-foot side and rear yard setbacks for such facilities. Fencing is permitted up to, but not on, the property line, and the proposed fence locations comply with these standards.
The Mankato City Code requires that essential service utility structures in residential districts be screened from adjacent residential properties. The submitted landscaping plan proposes to continue the existing evergreen screening along the southern boundary. The northern and eastern boundaries are screened by existing trees and natural topography, including a ravine and woodland areas. However, the western boundary, which faces residential properties along Warren Street, is currently unscreened. A recommended condition requires that screening be installed along this frontage.
The Code further requires that essential service utility structures comply with the height limitations of the underlying zoning district. The plans indicate that the pipe extending from the proposed heater is approximately 208 inches (17 feet, 4 inches) in height, which is well within the R-1 district's 30-foot height limit.
No additional parking areas are proposed. The existing facility will continue to provide parking. If temporary parking of maintenance or utility vehicles is anticipated within the new expansion area, it must comply with City Code standards. Specifically, all parking areas and driveways must be hard-surfaced and may only be used for the temporary parking of such vehicles. Up to 50% of the front yard may be used for parking, with the remaining 50% reserved for landscaping.
The eastern portion of the site contains environmentally sensitive bluffs and woodland areas. Although the applicant’s leased area extends into the bluff, no activity—including fencing or grading—is proposed within the 10-foot bluff setback, and no tree removal is planned. As part of the site plan review, City staff required a grading plan to evaluate potential drainage and environmental impacts. The applicant responded that the proposed expansion would not alter drainage patterns or topography in a way that would impact the bluff or adjacent natural areas.
The applicant has also indicated that the proposed equipment will not create noise nuisances. A recommended condition requires the applicant to submit a noise study verifying compliance with Minnesota Rule 7030 (Noise Pollution Control). Should the equipment generate noise above allowable thresholds, the applicant will be required to implement appropriate mitigation strategies.
No new exterior lighting is proposed. If lighting is added in the future, it must conform to City Code regulations. A recommended condition reflects this requirement.
Variance
The applicant is also requesting a variance to allow for the continuation of an existing 8-foot fence topped with barbed wire around the expanded area. This fencing matches the existing perimeter fence surrounding the current utility site. While barbed wire is permitted in industrial zoning districts, it is prohibited in residential districts, such as R-1. Accordingly, the applicant is seeking flexibility to continue the same fencing design.
Section 10-1746 of the Mankato City Code 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 also specifies that:
"All fences in residential districts shall be constructed of stone, brick, finished wood, or chain link. The finished side of the fence...shall face the neighboring properties or streets."
The proposed fencing will consist of wire fabric similar in appearance to a chain link, with a height of 6 feet. Three strands of galvanized, four-point barbed wire are proposed above this base, adding approximately 1 foot 3 inches, for a total height of 7 feet 3 inches. The orientation of the fence (i.e., which direction the finished side faces) is not indicated on the plans; therefore, a condition is recommended to ensure that the finished side faces outward toward neighboring properties.
When evaluating a variance request, the following three criteria are considered:
1. Reasonableness
The applicant seeks to continue the existing fencing design for consistency and safety. The barbed wire element is part of required security standards for the facility.
Applicant’s Response:
Yes – there is already an existing facility operating at this location.
2. Uniqueness
The site is unique in that it is an essential service facility located within a residential zoning district, where additional safety measures, including security fencing, are necessary. The use is conditionally permitted and subject to federal regulations.
Applicant’s Response:
Yes – Northern Natural Gas must meet multiple security standards required by FERC and PHMSA. Minimum fence height is one such standard.
3. Essential Character
The proposed fence extension continues the existing facility’s use and appearance. With the proposed screening along the western boundary, the project will not alter the essential character of the neighborhood.
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.