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AGENDA RECOMMENDATION |
Planning Commission 6.A.
City Council Regular Meeting
- Meeting Date:
- 06/08/2026
Agenda Item:
Resolution approving a Conditional Use Permit to allow for a modification to the approved subdivision grading plan that will allow the construction of a patio home on a lot that was graded for a walkout basement; Lot 3, Block 1, Miller Creek 1st Addition (112 Butler Falls Road); by request of Cherry Creek, Inc.
Recommendation/Action(s):
At the May 27, 2026, meeting, the Planning Commission recommended approval of the conditional use permit.
Summary:
Cherry Creek, Inc. is requesting a conditional use permit to allow for a modification to the approved subdivision grading plan that will allow the construction of a patio home on a lot that was graded for a walkout basement, requiring fill in excess of 25 cubic yards to be moved into the property. The subject property is located at 112 Butler Falls Road and is legally described as Lot 3, Block 1, Miller Creek 1st Addition, Mankato, MN 56001.
Mankato City Code Section 10-1498. (Substantial land alteration) requires that a Conditional Use Permit be obtained where the excavation, grading, and filling of any land would result in the movement of earth and materials in excess of 25 cubic yards and would significantly change the existing ground contour and existing drainage, or cause flooding or erosion.
Per Section 10-1498, Subd b, a conditional use permit would not be required for subdivisions or development projects with an approved grading/drainage plan, which would typically apply to the subject property, as Miller Creek 1st Addition has an approved grading & drainage plan on file with the City. But the approved grading & drainage plans on file with the City differs from the proposed scope of work, as the approved plans state that the subject property was designed for a walk-out or look-out structure only. As the applicant proposes to construct a slab-on-grade single-family home, substantial modifications to the ground contour/grading of the lot would be required for the proposed home style. Additionally, these grading alterations would notably alter the drainage condition of the lot and differ from the proposed drainage condition depicted in the approved Miller Creek 1st Addition drainage plan.
Because of these circumstances, the conditional use permit requirement is requested to allow for construction of the proposed single-family dwelling in the manner desired by the applicant.
The subject property is currently a vacant residential lot with a stormwater main with riprap. The applicant intends to develop a single-family dwelling on the subject property and has provided plans with that intent in mind. The applicant provided Site & Grading Plan shows significant alteration to the existing ground contours, which the applicant intends to accomplish by bringing a substantial amount of fill. The proposed grading changes will notably impact the existing site drainage. The proposed drainage (indicated as standalone arrows on the plan), shows that the proposed development will drain the eastern portion of the property to Butler Falls Road, and the central and western portions of the property to the Drainage & Utility Easement areas along the south & west property boundaries.
The proposed concept plan & exterior rendering shows a proposed 2,214.3 Sq. Ft. slab-on-grade single-family home with a 669.8 Sq. Ft. attached garage, front stoop, and elevated rear yard deck. Additionally, a two-tiered retaining wall is shown along the north-west dwelling boundary with steps. This retaining wall is proposed in order to ensure that the proposed site drainage remains onsite and does not impact adjacent residential lots. Note that maintenance of the subject property located between the retaining wall and adjacent lot will fully be the responsibility of the property owners. The applicant has provided written permission from the property owner of the adjacent property to allow Cherry Creek, Inc. and its subcontractors, temporary access through adjacent lots in order to complete the proposed onsite development.
Of note, the site includes environmentally sensitive areas, including slopes/bluffs as well as a wetland (a creek/freshwater pond) that traverses the western portion of the subject lot. The applicant provided Survey & Site Plan depicts the Bluff Line and 10' bluff setback and shows that the proposed plan conforms with this setback. During construction of proposed site improvements, the bluff shall be physically represented on the subject property to ensure no impacts to the bluff area shall occur as a result of the proposed project. Provided plans depict the estimated wetland boundary of the creek along the western extent of the subject property. A 16.5' wetland boundary buffer/setback must be maintained from the edge of the wetland boundary; within said buffer area, no work shall occur to prevent any impact to said wetland. Because of the presence of the wetland, the applicant shall be required to install code-compliant wetland signage along the wetland boundary prior to work occurring on site. This shall be done to ensure that no impacts occur on the adjacent wetland.
Mankato City Code Section 10-1498. (Substantial land alteration) requires that a Conditional Use Permit be obtained where the excavation, grading, and filling of any land would result in the movement of earth and materials in excess of 25 cubic yards and would significantly change the existing ground contour and existing drainage, or cause flooding or erosion.
Per Section 10-1498, Subd b, a conditional use permit would not be required for subdivisions or development projects with an approved grading/drainage plan, which would typically apply to the subject property, as Miller Creek 1st Addition has an approved grading & drainage plan on file with the City. But the approved grading & drainage plans on file with the City differs from the proposed scope of work, as the approved plans state that the subject property was designed for a walk-out or look-out structure only. As the applicant proposes to construct a slab-on-grade single-family home, substantial modifications to the ground contour/grading of the lot would be required for the proposed home style. Additionally, these grading alterations would notably alter the drainage condition of the lot and differ from the proposed drainage condition depicted in the approved Miller Creek 1st Addition drainage plan.
Because of these circumstances, the conditional use permit requirement is requested to allow for construction of the proposed single-family dwelling in the manner desired by the applicant.
The subject property is currently a vacant residential lot with a stormwater main with riprap. The applicant intends to develop a single-family dwelling on the subject property and has provided plans with that intent in mind. The applicant provided Site & Grading Plan shows significant alteration to the existing ground contours, which the applicant intends to accomplish by bringing a substantial amount of fill. The proposed grading changes will notably impact the existing site drainage. The proposed drainage (indicated as standalone arrows on the plan), shows that the proposed development will drain the eastern portion of the property to Butler Falls Road, and the central and western portions of the property to the Drainage & Utility Easement areas along the south & west property boundaries.
The proposed concept plan & exterior rendering shows a proposed 2,214.3 Sq. Ft. slab-on-grade single-family home with a 669.8 Sq. Ft. attached garage, front stoop, and elevated rear yard deck. Additionally, a two-tiered retaining wall is shown along the north-west dwelling boundary with steps. This retaining wall is proposed in order to ensure that the proposed site drainage remains onsite and does not impact adjacent residential lots. Note that maintenance of the subject property located between the retaining wall and adjacent lot will fully be the responsibility of the property owners. The applicant has provided written permission from the property owner of the adjacent property to allow Cherry Creek, Inc. and its subcontractors, temporary access through adjacent lots in order to complete the proposed onsite development.
Of note, the site includes environmentally sensitive areas, including slopes/bluffs as well as a wetland (a creek/freshwater pond) that traverses the western portion of the subject lot. The applicant provided Survey & Site Plan depicts the Bluff Line and 10' bluff setback and shows that the proposed plan conforms with this setback. During construction of proposed site improvements, the bluff shall be physically represented on the subject property to ensure no impacts to the bluff area shall occur as a result of the proposed project. Provided plans depict the estimated wetland boundary of the creek along the western extent of the subject property. A 16.5' wetland boundary buffer/setback must be maintained from the edge of the wetland boundary; within said buffer area, no work shall occur to prevent any impact to said wetland. Because of the presence of the wetland, the applicant shall be required to install code-compliant wetland signage along the wetland boundary prior to work occurring on site. This shall be done to ensure that no impacts occur on the adjacent wetland.