5.5.
Planning Commission Regular Meeting
- Meeting Date:
- 08/27/2025
Title
| CY43-25 |
Request of Wrestling Brotherhood, with permission of the property owner, for a variance from Mankato City Code Chapter 10, Article 2, Division 5, Sec. 10-169 to decrease the rear yard setback from the required 49.5’ to 25’ in the R-3, Limited Multiple Family Dwelling District, and for a conditional use permit to allow for a wrestling recreational facility in the R-3, Limited Multiple Dwelling zoning district. The subject properties are described as Lots 3, 4, 5, Block 16, Mankato City, Blue Earth County (Blue Earth County PID R010907206004, R010907206005, R010907206006, 1416, 1420, 1430 2nd Avenue).
The anticipated date of City Council action is September 8, 2025.
Applicant
The applicant is Wrestling Brotherhood, with permission of the property owner.
Request
The applicant is seeking a conditional use permit for the operation of a wrestling facility and a variance to decrease the rear yard setback in the R-3, Limited Multiple Family Dwelling District.
Location
The subject properties are located at 1416, 1420, and 1430 2nd Avenue.
Existing Land Use
The two northerly properties are currently vacant and were the previous location of a bar. The southerly property has an existing residential house.
Zoning
The properties are currently zoned M-1, Light Industrial. The Planning Commission reviewed a rezoning request to change the zoning to R-3 at their July 23, 2025 meeting and recommended approval. That request will be reviewed by the City of Mankato City Council on September 8, 2025 for final action and decision.
Environmentally Sensitive Areas
There are no known environmentally sensitive areas on the site.
Public Utilities
With development, the subject sites will be required to be served by public utilities.
City Code
Mankato City Code related to the R-3 zoning districts can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTIIREDI_DIV5LIMUDWDI
Mankato City Code related to Conditional Use Permits can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTXIADEN_DIV3COUSPE
Mankato City Code related to Variances can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTXIADEN_DIV5VA
Mankato City Code related to Conditional Use Permits can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTXIADEN_DIV3COUSPE
Mankato City Code related to Variances can be found here: https://library.municode.com/mn/mankato/codes/code_of_ordinances?nodeId=CH10LAUSDE_ARTXIADEN_DIV5VA
Site Plan Review Comments
The Site Plan and Traffic Advisory Committee reviewed the item at the August 12, 2025, meeting and provided the following comments. The applicants' subsequent responses are also included in italics.
- The applicant shall be aware that all existing, unused public utility services will need to be abandoned/vacated at the main. Applicant's response: Acknowledged.
- The applicant shall confirm the roof drainage design for the proposed building. Applicant's response: The roof drainage design is your standard gutter and downspout.
- Per the variance request information provided from an engineer licensed to do work in the State of Minnesota, the reason for the variance request/practical difficulty is as follows: “There is concern about the type of fill material that was used when the building and foundations were removed. We don’t know if the fill material is appropriate to build on and if it was uniformly filled across the entire building pad or not. The concern is that the differing soil properties could cause uneven settlement under the building. We need to keep the building as far south and west as possible to minimize the risk of building over the existing buildings and undocumented fill.” Please provide confirmation. Applicant's response: Confirmed.
- On the revised site plan, “Parking surface requirements in setbacks” – clarify whether the rear and side yard’s are reversed on the plans. Applicant's response: They were reversed and are now updated on the attached Site Plan.
- From July Site Plan comments: Please confirm– the facility will not be used for tournaments, meets, scrimmages, etc. Applicant's response: Confirmed.
- From July Site Plan comments – Please confirm – spectators will not be attending any events occurring at the facility. The floor plan does not show bleachers or other seating to accommodate seating for events. Applicant's response: Confirmed.
- From July Site Plan comments - Please confirm- the facility/property will be set up and operated as a not-for-profit organization. Based on the most recent narrative, the information provided indicates that, “No retail operations, commercial services, or for-profit activities will occur at the site.” Applicant's response: Confirmed.
- If not already complete, applicant shall log in to the online portal and make notification fee payment. Applicant's response: Payment was made on 8/13/25 for the notification fees.
- The applicant shall be aware that existing connections will need to be capped if PVC. If not PVC, then it must be removed from the main. Applicant's response:Acknowledged.
- The applicant shall be aware that the 3 addresses for the existing homes will be retired. The address for this location will be 1422 2nd Ave. Applicant's response:Acknowledged.
- The applicant shall be aware that with the increase in the impervious area, they are encouraged to install stormwater infrastructure to reduce direct runoff to adjacent ROW from the parking lot. Existing storm sewers exist on Spruce Street, portions of 2nd Ave and the adjacent alley. Applicant's Response: This will be addressed in a future zoning request.
- The applicant shall confirm that roof drainage design does not require storm sewer for plumbing code purposes. Applicant's response: Acknowledged.
- The Applicant shall be aware that a curbing complying with the Mankato City Code (6”) is required by code for parking lots in accordance with Mankato City Code. Applicant's Response: This will be addressed in a future zoning request.
- The applicant shall provide clarity on how the building will be used and if public events will take place. ISG Response: Please see revised narrative.
- The applicant shall be aware that any future use/reuse of the property shall conform to the standards of the R-3 zoning district. Applicant's response: Acknowledged.
- Applicant shall make the notification fee payment on the online portal, if not already complete. Applicant's Response: Payment was made on 07/09/2025 for the notification fee.
- The applicant shall provide a submittal that contains cohesive plans. As presently submitted, there is an architectural plan that appears to demonstrate different setbacks and information than the provided civil plans. The unified site plan should include accurate setbacks which include a front, and corner side yard, side yard and rear yard and must include the building dimensions, lot size, lot summary information for the proposed site such as structure and parking coverage in the yards, parking information, proposed zoning, etc. Note plans C3-10, and Concept 1. Response: This will be addressed in a future zoning request.
- Applicant shall provide lot summary information relating to structure coverage in the R-3 district, accurate setbacks, and parking in required yard coverage as required in the R-3 district.
- Code reference: Not more than 35 percent of the front, corner side yard, or rear yard setbacks shall be hard surfaced or used for driveways or unenclosed motor vehicle parking. Motor vehicle parking shall not be allowed in the required side yard setback.
- Code reference: Every corner lot shall provide a required front yard and a corner side yard on the secondary street side of the lot. The width of the corner side yard shall not be less than one-half the distance of the required front yard depth requirement for the lot. The corner side yard shall extend from the front to the rear of the lot along the secondary side street. No building shall be allowed in the corner side yard, and the restrictions on parking in the front yard shall apply to parking in the corner side yard. Corner lots in the B-3 district shall provide a corner side yard equal to the dimensions of the required front yard.
- Code reference: The sum total of ground area that may be covered by all structures located on a zoning lot in the R-3 district shall not exceed 35 percent of the lot area. Accessory buildings shall occupy not more than 50 percent of the total area of a required rear yard.
- Applicant's Response: This will be addressed in a future zoning request
- Applicant shall provide a site plan that accurately reflects the site setbacks. Specifically, where is the rear yard setback?
- Code reference: R-3 Rear yard setback: All other principal buildings and uses: 25 percent of lot depth, provided the yard is a minimum of 25 feet or a maximum of 75 feet.
- Applicant's Response: This will be addressed in a future zoning request.
- Applicant shall confirm the location of the sight triangle relative to the parking spaces: Code reference: Sec. 10-1618: The location of parking spaces and internal driveways shall conform to the stated setbacks and ground coverages for impervious surfaces contained in each zoning district. Parking areas shall be designed so as to avoid parked vehicles encroaching into required yards. Parking shall not be located in the required sight triangle as defined by section 5-20. Applicant's Response: This will be addressed in a future zoning request.
- Applicant shall provide detail on the proposed usage of the structure. Code outlines the conditional uses in this R-3 district as the following, “Golf courses, country clubs, and private recreational uses, all noncommercial.” Will the proposed use be non-commercial in nature? If so, please describe in narrative form. Or, if the request is seeking some other conditional use permit category, that should be provided along with the detail for that request. Applicant's Response: Please see revised narrative for proposed usage information.
- There are no bleachers shown on the floor plan. Is the intention to host scrimmages, meets, tournaments, etc. where spectators will be attending? Or, will this facility only be used for training purposes? If so, the parking should be revised to reflect as much and the narrative provided should reflect how the facility will be used. Applicant's Response: This facility will be used for training purposes only.
- Applicant shall clarify the intention of the overhead door. Will outdoor activities be occurring with the proposed use, and/or will the door be opened during operations? Applicant's Response: Intention of the overhead door is for bringing in wrestling mats as needed, they will not fit through a standard exterior man door.
- Applicant shall verify that all noise generated from the proposed development conforms to Minnesota Rule 7030 related to noise. Applicant's Response: Acknowledged.
- Applicant shall conform to the franchise coloring standards in building color selection. Applicant's Response: Acknowledged.
- The applicant shall combine the lots into one zoning lot. If this can be done by a parcel combination with Blue Earth County, that will achieve the intent of a zoning lot. If not, the applicant shall submit documentation that creates one zoning lot. Applicant's Response: ISG discussed with David Sieberg, Blue Earth County, on 05/28/2025 who confirmed a lot combination can be handled administratively without the need of a survey or plat.
- The applicant shall provide a landscaping plan that achieves Mankato City Code. For example, as currently submitted the required trees are shown in the public right of way. Applicant's Response: This will be addressed in a future zoning request.
- If exterior lighting is proposed, the applicant shall provide a lighting plan conforms to Mankato City Code including light fixture cut sheets. Applicant's Response: This will be addressed in a future zoning request.
- The applicant shall provide a refuse plan for the site. If anything besides inside refuse storage is proposed, a dumpster enclosure achieving Mankato City Code will be required and this shall be included on an updated plan. Applicant's Response: No exterior refuse storage is proposed.
- The applicant shall provide bicycle parking in accordance with Mankato City Code. Applicant's Response: This will be addressed in a future zoning request.
Review
Wrestling Brotherhood, with permission of the property owner, is requesting a variance from Mankato City Code Chapter 10, Article 2, Division 5, Sec. 10-169 to decrease the rear yard setback from the required 49.5 feet to 25.36 feet in the R-3, Limited Multiple-Family Dwelling District, and a conditional use permit to allow for a wrestling recreational facility in the R-3, Limited Multiple-Family Dwelling zoning district. The subject properties are located at 1416, 1420, and 1430 2nd Avenue and are legally described as Lots 3, 4, and 5, Block 16, Mankato City, Blue Earth County.
History
The northern two lots were formerly occupied by "Mac's Bar & Café" and an accessory storage shed. Online sources indicate that Mac’s Bar & Café operated as a local establishment offering casual dining and beverages.
In November 2011, a fire occurred at the establishment, and in 2013 the City of Mankato issued a demolition permit for the removal of the structures and foundations. Since that demolition, the parcels have remained vacant.
On July 14, 2025, the Mankato City Council approved a land use plan amendment to change the guided land use of the subject parcels from Light Industrial to Medium Density Residential.
On July 28, 2025, the Mankato Planning Commission recommended approval of a rezoning of the subject properties from M-1, Light Industrial, to R-3, Medium Density Residential. The rezoning request is anticipated to be reviewed, with final action by the Mankato City Council on September 8, 2025, in conjunction with the review of the conditional use permit and variance requests contained in this report.
Conditional Use Permit
The applicant is seeking a conditional use permit to allow for the development of a wrestling facility on the subject parcels. The request assumes approval of the rezoning to R-3, Limited Multiple-Family Dwelling, which will be considered prior to the review of the conditional use permit on September 8, 2025.
Within the R-3 zoning district, Mankato City Code Chapter 10, Article 2, Division 5, Sec. 10-166 identifies “golf courses, country clubs, and private recreational uses, all non-commercial” as conditional uses. The proposal seeks to establish a private recreational use—a wrestling facility—operated as a not-for-profit entity. The applicant has acknowledged the non-commercial nature of the facility, and a condition of approval is included to reinforce this operational limitation.
According to the applicant’s narrative, “this facility will primarily serve local youth wrestling programs and will be used for training, practice, and skill development for children and teenagers. It will not function as a commercial gym or open recreational center. Instead, the facility will be reserved for scheduled practices and training sessions. Participation will be limited to registered members of the youth wrestling program, and the facility will not be open to the general public for drop-in use. The intended purpose of the facility is to provide a safe, structured environment for physical fitness, character development, and training. No retail operations, commercial services, or for-profit activities will occur at the site.” All future uses will be required to comply with the standards of the R-3 zoning district.
Site removal plans show the removal of the existing residential house and accessory structure on the southerly lot, as well as the removal of the existing gas line and overhead utility line. The concrete and bituminous surfaces on the northerly lot will also be removed, along with several trees.
Site plans show a new approximately 46-by-144-foot structure situated on the western side of the parcels, with a 16-by-24-foot entrance located on the northeastern side of the proposed building. The structure, approximately 7,000 square feet in size, is oriented north-south. The applicant intends for the three underlying parcels to be considered one zoning lot for development purposes.
Access to the development is proposed from Spruce Street and 2nd Avenue. A Trip Generation Memo dated May 19, 2025, prepared by a Professional Traffic Operations Engineer (PTOE), was reviewed in conjunction with the land use plan amendment. The report concluded that due to the low trip generation potential and alternative access routes, the proposed development would have minimal impacts on surrounding roadway networks. The analysis noted that the former bar generated 64 trips during the PM peak hour, which exceeds the expected trips from the proposed wrestling facility. While minimal traffic impacts are anticipated, the report recommended that if traffic issues arise, a more in-depth traffic study may be warranted to evaluate intersection geometry or traffic control needs. A condition of approval is included requiring the applicant/property owner to fund such a study and any necessary improvements, at the discretion of the City Engineer.
The structure and parking lot placement achieve a front yard setback of 25 feet from Spruce Street. The corner side yard setback along 2nd Avenue conforms to Code at 12.5 feet. The side yard setback of 15 feet in the R-3 district is also met. For rear yards, City Code requires 25 feet for one- and two-family dwellings, but for all other principal buildings and uses, 25 percent of lot depth, with a minimum of 25 feet and maximum of 75 feet. For this lot depth of 198 feet, a 49.5-foot setback is required. The applicant proposes 25.36 feet, which requires a variance.
The maximum building coverage permitted in the R-3 zoning district is 35 percent. The proposed 7,008-square-foot structure achieves compliance, with coverage of 22.45 percent on the 31,215-square-foot lot.
Utility connections for water and sanitary sewer are proposed from 2nd Avenue, with a new stormwater connection also shown. A condition of approval requires the removal and termination of all existing, unused public utility services at the main.
The site plan shows a new parking lot east of the structure. The lot provides 28 stalls, meeting Code requirements, which require one stall per four persons of maximum occupancy. With a maximum occupancy of 108 persons, 27 stalls are required. The proposal meets Code standards for maximum parking surface coverage (35 percent), sight triangles, curbing, striping, and bicycle parking.
The floor plan shows two training areas, restrooms, changing areas, an office, and a registration area. An overhead door is included for moving wrestling mats, which would not fit through a standard door. The plans do not show bleachers or spectator seating. The applicant has indicated that spectators will not be allowed, and the facility will not host tournaments, meets, or scrimmages.
The proposed building height of 22 feet is below the 35-foot maximum allowed. Exterior finishes are shown as vertical siding. City Code requires muted, neutral, or earth-tone colors, with limited use of primary colors as accents. A condition of approval is included to ensure conformance. No signage is shown; a condition requires a sign permit before fabrication or installation.
The photometric plan demonstrates compliance with the Code limit of 0.5 foot-candles at property lines. The parking lot lights are full cut-off style with shield options noted. Additional fixtures would require an updated photometric plan. A condition is included to ensure ongoing compliance.
Noise from the site must conform to Minnesota Rule 7030 and City Code standards. A condition requires the applicant to conduct a noise study and implement improvements if noise issues arise. Mechanical equipment shown on the west side of the structure must also comply.
Landscaping plans show 6-foot evergreen trees, 2.5-inch caliper shade trees, and parking lot screening. Code requires effective screening for lots with more than four stalls adjacent to residential uses. Screening must be 4–8 feet in height and at least 80 percent opaque within one year. The southerly lot shows shrubs and evergreens, which must achieve screening standards within one year or be supplemented.
The applicant indicates that minimal trash will be generated, and that containers will be stored indoors except during collection. A condition requires compliance with the City Code if outdoor refuse storage is used.
Variance
The applicant seeks a variance to reduce the rear yard setback from 49.5 feet to 25.36 feet. Minnesota Statute §462.357 Subd. 6(2) allows variances only when: (1) the variance is in harmony with the general intent and purpose of the ordinance; (2) the variance is consistent with the comprehensive plan; and (3) practical difficulties exist, meaning (a) the property can be reasonably used without the variance, (b) the circumstances are unique and not created by the landowner, and (c) the variance will not alter the essential character of the area.
Practical Difficulties Analysis:
Staff: Although the new use would not meet the code's required setback, the use itself is a reasonable use for the property as the Code specifically outlines non-commercial uses as conditional uses within the R-3 zoning district.
Nathan Hermer, a licensed engineer in the State of Minnesota, has further stated that, "there is concern about the type of fill material that was used when the building and foundations were removed. We don’t know if the fill material is appropriate to build on and if it was uniformly filled across the entire building pad or not. The concern is that the differing soil properties could cause uneven settlement under the building. We need to keep the building as far south and west as possible to minimize the risk of building over the existing buildings and undocumented fill."
Staff: There is a potential physical characteristic unique to the property that has been noted to potentially impact the available building area. The applicant has outlined that there is concern with the fill used when the previous foundations were removed from the location of the previous Mac's Bar. The engineering expertise outlines that the fill type is unknown. The engineer professional goes on to state that the potential of differing soil properties could cause uneven settlement under the new building. Based on this professional assessment of the site, the building needs to be kept as far south and west as possible to minimize the risk of building over the existing buildings and undocumented fill.
Staff: The neighborhood is a mix of existing residential properties and existing industrial properties. Directly across Spruce Street to the north and northwest are industrial-looking and use structures, some located very near the property line along Spruce Street, intermixed with residential homes. Located to the west of the proposed structure across the alley is an existing facility that was previously the location of House of Hope. Located to the east across 2nd Avenue is an industrial parking lot and further to the east are industrial structures. Given the existing placement and character of the industrial structures within the neighborhood, the proposed facility will be consistent with the essential character of the neighborhood.
Staff: The intent of the R-3 ordinance is to create a standard for properties and dwellings, including setbacks where non-residential type structures are constructed. In this case, given the previous use of the site and the undocumented fill, the code-required setback is difficult to achieve the non-residential setback. Further, the ordinance outlines allowable permitted and conditional uses, and the proposed recreational use is considered a conditional use within the R-3 zoning district, in contrast to the previous use of the site, which was a bar and café.
Staff: The comprehensive plan addresses the intent of how the city is planned and use of the properties in those zones. The land use plan, having been recently updated, designates the land use as Medium Density Residential. The zoning district rezone changed the zoning of the subject parcel to R-3, Limited Family Residential, where non-commercial recreational uses are considered conditional uses and, for these reasons, the proposed use is consistent with the uses set forth in the comprehensive plan.
History
The northern two lots were formerly occupied by "Mac's Bar & Café" and an accessory storage shed. Online sources indicate that Mac’s Bar & Café operated as a local establishment offering casual dining and beverages.
In November 2011, a fire occurred at the establishment, and in 2013 the City of Mankato issued a demolition permit for the removal of the structures and foundations. Since that demolition, the parcels have remained vacant.
On July 14, 2025, the Mankato City Council approved a land use plan amendment to change the guided land use of the subject parcels from Light Industrial to Medium Density Residential.
On July 28, 2025, the Mankato Planning Commission recommended approval of a rezoning of the subject properties from M-1, Light Industrial, to R-3, Medium Density Residential. The rezoning request is anticipated to be reviewed, with final action by the Mankato City Council on September 8, 2025, in conjunction with the review of the conditional use permit and variance requests contained in this report.
Conditional Use Permit
The applicant is seeking a conditional use permit to allow for the development of a wrestling facility on the subject parcels. The request assumes approval of the rezoning to R-3, Limited Multiple-Family Dwelling, which will be considered prior to the review of the conditional use permit on September 8, 2025.
Within the R-3 zoning district, Mankato City Code Chapter 10, Article 2, Division 5, Sec. 10-166 identifies “golf courses, country clubs, and private recreational uses, all non-commercial” as conditional uses. The proposal seeks to establish a private recreational use—a wrestling facility—operated as a not-for-profit entity. The applicant has acknowledged the non-commercial nature of the facility, and a condition of approval is included to reinforce this operational limitation.
According to the applicant’s narrative, “this facility will primarily serve local youth wrestling programs and will be used for training, practice, and skill development for children and teenagers. It will not function as a commercial gym or open recreational center. Instead, the facility will be reserved for scheduled practices and training sessions. Participation will be limited to registered members of the youth wrestling program, and the facility will not be open to the general public for drop-in use. The intended purpose of the facility is to provide a safe, structured environment for physical fitness, character development, and training. No retail operations, commercial services, or for-profit activities will occur at the site.” All future uses will be required to comply with the standards of the R-3 zoning district.
Site removal plans show the removal of the existing residential house and accessory structure on the southerly lot, as well as the removal of the existing gas line and overhead utility line. The concrete and bituminous surfaces on the northerly lot will also be removed, along with several trees.
Site plans show a new approximately 46-by-144-foot structure situated on the western side of the parcels, with a 16-by-24-foot entrance located on the northeastern side of the proposed building. The structure, approximately 7,000 square feet in size, is oriented north-south. The applicant intends for the three underlying parcels to be considered one zoning lot for development purposes.
Access to the development is proposed from Spruce Street and 2nd Avenue. A Trip Generation Memo dated May 19, 2025, prepared by a Professional Traffic Operations Engineer (PTOE), was reviewed in conjunction with the land use plan amendment. The report concluded that due to the low trip generation potential and alternative access routes, the proposed development would have minimal impacts on surrounding roadway networks. The analysis noted that the former bar generated 64 trips during the PM peak hour, which exceeds the expected trips from the proposed wrestling facility. While minimal traffic impacts are anticipated, the report recommended that if traffic issues arise, a more in-depth traffic study may be warranted to evaluate intersection geometry or traffic control needs. A condition of approval is included requiring the applicant/property owner to fund such a study and any necessary improvements, at the discretion of the City Engineer.
The structure and parking lot placement achieve a front yard setback of 25 feet from Spruce Street. The corner side yard setback along 2nd Avenue conforms to Code at 12.5 feet. The side yard setback of 15 feet in the R-3 district is also met. For rear yards, City Code requires 25 feet for one- and two-family dwellings, but for all other principal buildings and uses, 25 percent of lot depth, with a minimum of 25 feet and maximum of 75 feet. For this lot depth of 198 feet, a 49.5-foot setback is required. The applicant proposes 25.36 feet, which requires a variance.
The maximum building coverage permitted in the R-3 zoning district is 35 percent. The proposed 7,008-square-foot structure achieves compliance, with coverage of 22.45 percent on the 31,215-square-foot lot.
Utility connections for water and sanitary sewer are proposed from 2nd Avenue, with a new stormwater connection also shown. A condition of approval requires the removal and termination of all existing, unused public utility services at the main.
The site plan shows a new parking lot east of the structure. The lot provides 28 stalls, meeting Code requirements, which require one stall per four persons of maximum occupancy. With a maximum occupancy of 108 persons, 27 stalls are required. The proposal meets Code standards for maximum parking surface coverage (35 percent), sight triangles, curbing, striping, and bicycle parking.
The floor plan shows two training areas, restrooms, changing areas, an office, and a registration area. An overhead door is included for moving wrestling mats, which would not fit through a standard door. The plans do not show bleachers or spectator seating. The applicant has indicated that spectators will not be allowed, and the facility will not host tournaments, meets, or scrimmages.
The proposed building height of 22 feet is below the 35-foot maximum allowed. Exterior finishes are shown as vertical siding. City Code requires muted, neutral, or earth-tone colors, with limited use of primary colors as accents. A condition of approval is included to ensure conformance. No signage is shown; a condition requires a sign permit before fabrication or installation.
The photometric plan demonstrates compliance with the Code limit of 0.5 foot-candles at property lines. The parking lot lights are full cut-off style with shield options noted. Additional fixtures would require an updated photometric plan. A condition is included to ensure ongoing compliance.
Noise from the site must conform to Minnesota Rule 7030 and City Code standards. A condition requires the applicant to conduct a noise study and implement improvements if noise issues arise. Mechanical equipment shown on the west side of the structure must also comply.
Landscaping plans show 6-foot evergreen trees, 2.5-inch caliper shade trees, and parking lot screening. Code requires effective screening for lots with more than four stalls adjacent to residential uses. Screening must be 4–8 feet in height and at least 80 percent opaque within one year. The southerly lot shows shrubs and evergreens, which must achieve screening standards within one year or be supplemented.
The applicant indicates that minimal trash will be generated, and that containers will be stored indoors except during collection. A condition requires compliance with the City Code if outdoor refuse storage is used.
Variance
The applicant seeks a variance to reduce the rear yard setback from 49.5 feet to 25.36 feet. Minnesota Statute §462.357 Subd. 6(2) allows variances only when: (1) the variance is in harmony with the general intent and purpose of the ordinance; (2) the variance is consistent with the comprehensive plan; and (3) practical difficulties exist, meaning (a) the property can be reasonably used without the variance, (b) the circumstances are unique and not created by the landowner, and (c) the variance will not alter the essential character of the area.
Practical Difficulties Analysis:
- Reasonableness- This factor means the landowner's desired use of the property is reasonable. For example, if the variance application is for a building that does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable.
Staff: Although the new use would not meet the code's required setback, the use itself is a reasonable use for the property as the Code specifically outlines non-commercial uses as conditional uses within the R-3 zoning district.
- Uniqueness- The second factor is that the landowner’s desired use is not possible due to circumstances unique to the property that was not caused by the landowner or by the landowner’s desire to do something the code does not allow. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land, and not personal characteristics or preference of the landowner. When considering the variance for a building encroaching into a setback, the focus factor is whether or not there is anything physically unique to the property, for example, sloping topography or wetlands.
Nathan Hermer, a licensed engineer in the State of Minnesota, has further stated that, "there is concern about the type of fill material that was used when the building and foundations were removed. We don’t know if the fill material is appropriate to build on and if it was uniformly filled across the entire building pad or not. The concern is that the differing soil properties could cause uneven settlement under the building. We need to keep the building as far south and west as possible to minimize the risk of building over the existing buildings and undocumented fill."
Staff: There is a potential physical characteristic unique to the property that has been noted to potentially impact the available building area. The applicant has outlined that there is concern with the fill used when the previous foundations were removed from the location of the previous Mac's Bar. The engineering expertise outlines that the fill type is unknown. The engineer professional goes on to state that the potential of differing soil properties could cause uneven settlement under the new building. Based on this professional assessment of the site, the building needs to be kept as far south and west as possible to minimize the risk of building over the existing buildings and undocumented fill.
- Essential Character- Under this factor, the Council should consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular building will look closer to the lot lie and if it fits within the character of the area.
Staff: The neighborhood is a mix of existing residential properties and existing industrial properties. Directly across Spruce Street to the north and northwest are industrial-looking and use structures, some located very near the property line along Spruce Street, intermixed with residential homes. Located to the west of the proposed structure across the alley is an existing facility that was previously the location of House of Hope. Located to the east across 2nd Avenue is an industrial parking lot and further to the east are industrial structures. Given the existing placement and character of the industrial structures within the neighborhood, the proposed facility will be consistent with the essential character of the neighborhood.
- Harmony with the Intent of Zoned Area as set forth in the Ordinance: In addition to the three-factor practical difficulties, city staff has made findings during the evaluation of the variance on the harmony with the proposal and the intent of the ordinance and consistency with the comprehensive plan.
Staff: The intent of the R-3 ordinance is to create a standard for properties and dwellings, including setbacks where non-residential type structures are constructed. In this case, given the previous use of the site and the undocumented fill, the code-required setback is difficult to achieve the non-residential setback. Further, the ordinance outlines allowable permitted and conditional uses, and the proposed recreational use is considered a conditional use within the R-3 zoning district, in contrast to the previous use of the site, which was a bar and café.
- Consistencies with Uses set forth in the Comprehensive Plan.
Staff: The comprehensive plan addresses the intent of how the city is planned and use of the properties in those zones. The land use plan, having been recently updated, designates the land use as Medium Density Residential. The zoning district rezone changed the zoning of the subject parcel to R-3, Limited Family Residential, where non-commercial recreational uses are considered conditional uses and, for these reasons, the proposed use is consistent with the uses set forth in the comprehensive plan.
Findings
Staff respectfully submits the following findings of fact with respect to the conditional use permit to allow a non-commercial, recreational use in the R-3 zoning district:
- The proposed use, a non-commercial recreational use, is considered a conditional use in the R-3 zoning district.
- The request is in keeping with the comprehensive planning policies of the City as the underlying land use plan identifies this parcel as "Medium Density Residential", and in that district this proposed use is identified in Code as a conditional use.
- The proposal does not interfere with or diminish the use of property in the immediate vicinity.
- The proposed development will be served by public utilities.
- The proposal will not cause undue traffic congestion, according to the trip generation memo provided. A condition is included herein that in the event that traffic impacts occur, the applicant will be required to study and implement mitigation strategies.
- There are no known historical or architectural resources on the site.
- There are no known environmentally sensitive areas on the site.
- It will not cause a negative cumulative effect and effect on the City as a whole.
- To the extent known, the development, when considered with the recommended conditions, conforms with all other applicable regulations of the district, and other applicable ordinances.
- The proposal will not jeopardize the public's health, safety, or general welfare.
- The use allowed by the variance is a reasonable use.
- The necessity of the variance arises out of the unique conditions of the lot not created by the property owner. The site was the location of a previous demolition building site, and the unknown fill types present challenges to locating the new structure over those previous building site locations.
- The variance achieves the essential character of the neighborhood. In addition to existing residential homes, there are existing industrial buildings located in the neighborhood, some of which are located at, or very near, the property line.
- The variance is in harmony with the intent of the ordinance because the new use is considered a conditional use within the district, and there are existing industrial-type structures and uses in the neighborhood.
- The variance is consistent with the comprehensive plan because the land use is considered "medium density" and the zoning is proposed to be R-3, Limited Multiple Family Dwelling District. The applicant is proposing to use the property is a manner allowed a conditional use within the subject zoning district, and is requesting flexibility from the setbacks in the R-3 district.
Recommendation
Staff recommends approval of the conditional use permit to allow the operation of a private recreational use and of the variance to reduce the rear yard setback from 49.5' to 25.36' with the following conditions of approval.
- The operation shall be, and remain, private and shall be non-commercial.
- If traffic issues arise associated with the development, at the discretion and request of the City of Mankato Engineering Department, the applicant/property owner will be responsible for having a more in-depth traffic study prepared, and will be a willing petition for the costs associated with any recommended geometry or traffic control improvements.
- All existing, unused public utility services shall be removed and vacated at the service main.
- The exterior finishes shall conform to the franchise coloring standards contained in Mankato City Code.
- Prior to the fabrication or installation of any signage at the site, a sign permit shall be issued. All signage shall conform to the standards in the Mankato City Code.
- Exterior lighting shall conform to Mankato City Code standards. All exterior light fixtures shall achieve Mankato City Code standards and a photometric plan shall be provided that demonstrates conformance with the Mankato City Code.
- The development shall conform to Mankato City Code noise standards and to Minnesota Rule 7030 noise standards. In the event that noise issues arise, the applicant will be required to provide a noise study that demonstrates site conformance and implement any recommended mitigation strategies for site conformance to the noise standards.
- Any refuse and recyclable material containers stored outdoors shall be fully enclosed in accordance with Mankato City Code standards.
- The facility will be used for private recreational practices. Tournaments, meets, or other events that involve spectators and additional occupants will require an amendment to the conditional use permit, which will allow a review of necessary additional parking for additional occupants.
- All future uses operating at the facility will be required to adhere to the standards of the R-3 zoning district.
Attachments
- General Location Map
- Aerial Plan
- Site Plan
- Existing Site Conditions and Removal Plan
- Grading Plan
- Site Restoration Plan
- Landscaping Plan
- Photometric Plan
- Floor Plans
- Narrative
- Traffic Memo