CYM03-25

Request of Mitch Kleist, on behalf of Northern Natural Gas, for a conditional use permit for an expansion of an existing essential public utility operation in the Agriculture zoning district. Additionally, the applicant is requesting variances on behalf of the adjacent property owner Elaine Lang, to reduce the required frontyard setback from 130 feet to 92 feet, a sideyard setback from 50 feet to 26 feet for the purpose of constructing a structure, a variance for the height of the fence enclosing the facility from the required 6 feet to 7 feet in the rear and sideyard, and lastly, the height of the fence in the frontyard from 42 inches height to 7 feet. The subject property is described as a 0.17-acre lot that is part of the Northwest ¼ section of the Southeast ¼ of Section 22, Township 108 North, Range 26 West, Blue Earth County (20761 586^th Avenue, Blue Earth County PID R430922400001).

Mitch Kliest, on behalf of the property owners, Northern Natural Gas and Elaine Lang.
 

Request of Mitch Kleist, on behalf of Northern Natural Gas, for a conditional use permit for an expansion of an existing essential public utility operation in the Agriculture zoning district. Additionally, the applicant is requesting variances on behalf of the adjacent property owner Elaine Lang, to reduce the required frontyard setback from 130 feet to 92 feet, a sideyard setback from 50 feet to 26 feet for the purpose of constructing a structure, a variance for the height of the fence enclosing the facility from the required 6 feet to 7 feet in the rear and sideyard, and lastly, the height of the fence in the frontyard from 42 inches height to 7 feet. 
 

The property is located East of Siesta Hills subdivision and State Highway 22. It is Southeast of Prairie Winds Middle School and State Highway 83.
 

The land consists of 0.17 acres and is currently used for essential public utility operations.
 

The site is zoned Agricultural by the Mankato Township Zoning Ordinance.
 

There are environmentally sensitive areas in both parcels of land. There is a shoreline district and an archaeological site on the environmental sensitive map for parcel.
 

The Mankato Township Land Use Ordinance can be found at this link: Mankato Township Land Use Ordinance
 

Conditional Use Permit
The applicant is requesting a conditional use permit for essential public utilities and service buildings. The site is zoned Agriculture, where this use is a conditional use within the Mankato Township Land Use Ordinance. The applicant is proposing to expand the facilities on site, as well as expand on the adjacent parcel with the permission of that property owner.

The current use of the property is an essential utility facility that includes pipelines to disperse natural gas to the surrounding areas. The applicant is requesting to replace the 8” steel Natural Gas Transmission line and a 30’ culvert with a 15” x 40’ CMP. The replacement of the pipeline is found within the county highway right-of-way and will need approval from the Blue Earth County. The applicant has submitted and was approved by the county for a Utility Permit on the County Highway Right-of Way.

Access to the site will remain off of 586^th Avenue or CSAH 41; However, the applicant requested to enlarge the mouth and the width of the driveway by 5 feet. The current driveway is 15 feet and the applicant requested an additional 5 feet, making the total width 20 feet. According to Section 13 General Regulations, Part 1310 Access Standards, subpart 2, “access to any country road shall be approved by the Blue Earth County Highway Engineer and Land Use Administrator prior to any development of the property.” A driveway permit application has been submitted and approved by Blue Earth County for 20 feet driveway. Any changes to the width shall be submitted and approved by Blue Earth County. A condition has been listed herein, the applicant shall conform to Blue Earth County’s requirements of driveways or access sites. Commentary was received from Minnesota Department of Transportation requesting no new access points shall be granted from State Highway 83.

There is no septic or well systems within the vicinity of the proposed expansion.

The location of the utility facilities is located within the shoreland district and the replacement of the steel pipe and culvert conforms to the impervious surface coverage requirement within the shoreland area. Blue Earth County provided feedback relative to the shoreland district, stating the additional area being used for the new infrastructure will be under an easement not ownership of Northern Natural Gas Company and will not exceed the impervious surface coverage requirement of 25%. There was additional commentary received from the Department of Natural Resources, stating impervious surface coverage for the parcel(s) shall not exceed 25% of the overall lot space.

Additionally, a 32’x24’ shed has been proposed to house a heater for the pipes to ensure continued safe and reliable delivery of natural gas to the surrounding communities. The placement of the structure is located on the adjacent property. The applicant was able to secure an easement agreement with the adjacent property owner and permission to build on their land. A variance has been requested for the building due to the front and side yard setbacks not being met. Per the Department of Natural Resources, during construction, the applicant shall take appropriate erosion control measures during the construction of the additional facility space and fence installation. Stormwater control measures shall be taken by the applicant following the construction. Prior to the issuance of a construction permit, the applicant will be required to verify whether any work will be taking place below the OHWL, Ordinary High Water Level, of the Public Water Wetland 07-73W, which may require a DNR Public Water Work Permit application to be submitted and issued.

No landscaping plans have been submitted. The applicant shall conform to the landscaping standards set forth in the Mankato Township Land Use Ordinance stating all yards “shall either be landscaped or be left in a natural state” (Section 13 General Regulations, Part 1303 Performance Standards, Subpart 1 Landscaping).

The applicant shall conform to the noise requirements of Minnesota Rule 7030.

No exterior lighting has been proposed at this time. If the applicant, in the future, proposes to install exterior lighting, it shall conform to the Mankato Township Land Use Ordinance.

The applicant will only be utilizing signage required by the regulatory agencies. The applicant shall conform to the Mankato Township Sign Regulations Ordinance found in Section 15.
 
Shed Variances
The applicant is requesting a variance to reduce the required front yard setback from 130 feet to 92 feet and to reduce the required side yard setback from 50 feet to 26 feet for the purpose of constructing a new accessory structure to serve the essential public utility use. The building is a 32x24 shed that will house a heater to reduce gas pipes from expanding or contracting due to weather that has caused frost boils, which has led to cracks in the road.

Mankato Township Land Use ordinance states that all structures located within the agricultural district shall obtain “a front yard setback of 130 feet from the center line of all Federal, State, County, and County-State Aid highways” (Section 6 Agricultural District, Part Height, Yard, and Lot Area, Width, and Depth Regulations, Subpart 2 Front Yard Regulations). The applicant is requesting to reduce the front yard setback to 92 feet instead of the required 130 feet. It has been recognized by Blue Earth County that the essential service is located in the right-of-way, and they have issued a permit for the continued use of Northern Natural Gas.

The Mankato Township Land Use ordinance states that all structures located within the agricultural district shall obtain “a side yard having a width of not less than 50 feet on each side of a building” (Section 6 Agricultural District, Part Height, Yard, and Lot Area, Width, and Depth Regulations, Subpart 3 Side Yard Regulations). The applicant is requesting to reduce the side yard setback to 26 instead of the required 50 feet. The placement of the structure will be located on the adjacent lot, thus the applicant requesting a side yard setback from their northern property line.

In order to grant a variance, the Board shall make affirmative findings in five categories. Those categories are: conformance to code 0100.2005-part A and B in Mankato Township Zoning ordinance, the use of property is in a reasonable manner, the circumstances are unique to the property that is not caused by the property owner, the request does not alter the essential character or the zoning district, and that the use is in harmony with Mankato Township Ordinances and Comprehensive Plan.

The proposed variance conforms to the standards for grating a variance found in the Mankato Township ordinance section 0100.2005. There are special circumstances or conditions affecting the land, building, or use that apply generally to other properties in the same vicinity. The structure’s placement is a necessity to keep the pipes from swelling and causing potential road damage to 586^th Avenue. There are not other structures within the near vicinity that require a building to supply others with a resource. Secondly, the request “will not materially adversely affect the health or safety of persons residing or working in the area adjacent to the property” nor will it be “detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property” (Section 20 Board of Adjustment, Part 2005 Finding Required, Subpart 1B Findings). With the addition of updating some of the underground pipes the applicant is requesting to build a structure to keep the pipes from changing in size all year round. This change would assist in the assurance of safely transporting natural gas to the greater Mankato area.

The use of the property is in a reasonable manner. The placement of the structure is to be used as a service building, which is allowed in code under the conditional uses within the agricultural district. (Section 6 Agricultural district, Part 0602 Agricultural District uses, Subpart 2E Conditional Uses).

The placement of the shed will not alter the essential character of the locality. Given the distance to the parcel owned by Northern Natural Gas, the structure will appear to be a part of the operation. The applicant is also required by other regulatory agencies to place a fence around the perimeter of the facilities, which will illustrate the structure that is being utilized for Northern Natural Gas operations.

The variance is in harmony with the purposes and intent of the ordinance, and is consistent with the comprehensive plan. The proposal puts the property to use in a reasonable manner and, if granted, will not alter the essential character of the locality.

Fence Variances
The applicant is requesting a variance for the required height of the fence located within the front, rear, and side yard. In the Mankato Township Land Use Ordinance, fences located “in the agricultural and residential districts shall not exceed six (6) feet in height in the side and rear yards and shall not exceed 42 inches in height in the front yard” (Section 13 General Regulations, Part 1307 Additional Requirements, Exceptions, and Modification, Subpart 8 Fences). It has been requested by the applicant for an additional foot of height in the rear and side yard, making the fence 7 feet in height. Additionally, the applicant is requesting a height variance for the front yard from the required 42 inches to 7 feet. The proposed fence surrounding the facilities is a 6-foot chain link fence with a 1-foot barbed wire top, making the fence 7 feet in height.

In order to grant a variance, the Board shall make affirmative findings in five categories. Those categories are: the conformance to code 0100.2005-part A and B in Mankato Township Zoning ordinance, the use of property is in a reasonable manner, the circumstances are unique to the property that is not caused by the property owner, the request does not alter the essential character or the zoning district, and that the use is in harmony with Mankato Township Ordinances and Comprehensive Plan.

The proposed variance conforms to the standards for granting a variance found in the Mankato Township ordinance section 0100.2005. There are special circumstances or conditions affecting the land, building, or use that do not apply generally to other properties in the same vicinity. The applicant states “Northern Natural Gas is governed by FERC, TSA, and PHMSA which are prompting the fencing requirement” (Variance Supplement Questionnaire). It is a requirement of the listed outside agencies to provide safety to the public. The request would align with Section 20, Part 2005, Subpart 1B, that states “the granting of the application would not materially adversely affect the health or safety of persons residing or working the area adjacent to the property of the applicant” (Mankato Township Land Use Ordinance). A fence surrounding the operation Northern Natural Gas is a safety precaution and requirement of the applicant.

The property owners propose to use the property in a reasonable manner. The use will remain the same, for an essential public utilities and service building to the surrounding communities.

There are unique circumstances to the property that are not caused but the property owner. Given the use, it is a requirement to secure the facilities with a 7-foot chain link fence as previously stated.

The request does not alter the essential character of the Mankato Township and the Agricultural district. There is currently a fence located at the site and allowing this variance would not change the character of the locality given the current use.

The variance is in harmony with the purposes and intent of the ordinance, and is consistent with the comprehensive plan. The proposal puts the property to use in a reasonable manner and, if granted, will not alter the essential character of the locality.

 

Conditional Use Permit
Staff respectfully submits the following findings:

1. The proposed use conforms with the Township Land Use Plan. Essential public utilities and service buildings are considered conditional uses in the Agricultural District, and there is currently an essential public utilities site being occupied at the location enclosed.
2. The applicant has demonstrated the need for the proposed use.
3. The proposed use will not degrade the water quality of the Township since there are no existing wells, septic systems, or wetlands within the proposed parcels.
4. The proposed use will not adversely increase the quantity of water runoff. There are no known adverse impacts from water runoff.
5. The soil conditions are adequate to accommodate the proposed use. There are no known soil issues with the current public utilities and service buildings use.
6. The proposed use does not create a potential pollution hazard. There are no known pollution hazards with the proposal.
7. Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
8. Adequate measures have been taken by the applicant to continue to provide sufficient off-street parking and loading space.
9. The proposed conditional use permit is not proposed to increase traffic congestion or traffic hazards. There is currently an essential public utilities and service building that has no known traffic congestion or hazards.
10. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. The proposed use will be the same as the current; an extension of the current essential public utilities and service building.
11. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses of the agricultural district.
12. Adequate measures have been taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will none of these will constitute a nuisance.
13. Site-specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare have been established and are included herein.

 
Shed Variance
Staff respectfully submits the following findings:

1. The proposed variance does conform to the standards for granting a variance found in the Mankato Township ordinance section 0100.2005. Given that there are unique and special circumstances to the immediate surrounding area, the applicant’s proposal of the structure will assist in the safe delivery of natural gas to the surrounding communities. 
2. The property owner proposes to use the property in a reasonable manner. The placement of the structure is to be used as a service building, which conforms to the Town code.
3. There are circumstances unique to the property that are not caused by the property owner. The location and size of the existing infrastructure dictate where the new installation must be placed. The existing lot does not achieve the lot size standards, thus making expansion that conforms to the current setbacks challenging.  
4. The request does not alter the essential character of Mankato Township given that there is an existing use of an essential public utilities and service building. The applicant is requesting to expand the current use of the site, which will be encapsulated with a chain-link fence.
5. The proposed use is in harmony with the general intent of Mankato Townships ordinance and is consistent with the Mankato Township comprehensive plan.

Fence Variance
Staff respectfully submits the following findings:

1. The proposed variance does conform to the standards for granting a variance found in the Mankato Township ordinance section 0100.2005. Installation of a fence around the essential services is a requirement from federal agencies.
2. The property owners propose to use the property in a reasonable manner. The use will remain the same for essential public utilities and service building to service the surrounding communities.
3. There are circumstances unique to the property that are not caused by the property owner. The location and size of the existing infrastructure dictate where the new installation must be placed. 
4. The request does not alter the essential character of Mankato Township. There is currently a fence located at the site and allowing this variance would not change the character of locality given the current use.
5. The proposed use is in harmony with the general intent of Mankato Townships ordinance and is inconsistent with the Mankato Township comprehensive plan.

Conditional Use Permit
Staff recommends approval of the conditional use permit to allow essential services in the Agriculture district with the following recommendation:

1. Prior to any work occurring, the applicant shall apply for and obtain a construction permit.
2. The applicant shall conform to the landscaping standards set forth in the Mankato Township Land Use Ordinance.
3. The applicant shall conform to noise requirements of Minnesota Rule 7030.
4. The applicant shall conform to the Mankato Township Sign Regulations Ordinance found in Section 15.
5. In the future, proposals to install exterior lighting shall conform to the Mankato Township Land Use Ordinance.
6. During construction, the applicant shall take appropriate erosion control measures during the construction of the additional facility space and fence installation.
7. Stormwater control measures shall be taken by the applicant following the construction.
8. At the time of construction permit submission, the applicant shall provide documentation demonstrating that the proposal does not exceed 25% of the overall lot and leased space. 
9. Prior to the issuance of a construction permit, the applicant will be required to verify whether any work will be taking place below the OHWL, Ordinary High Water Level, of the Public Water Wetland 07-73W, which may require a DNR Public Water Work Permit application to be submitted and issued. 

Variance for shed
Staff recommends approval of the variance to reduce the required front yard setback of 130 feet to 92 feet and to reduce the required side yard setback of 50 feet to 26 feet for the purpose of constructing a new accessory structure to serve the essential public utility and servicing building with the following conditions:

1. Prior to any work commencing, the applicant shall apply for and obtain a construction permit.

Fence Variance
Staff recommends approval of the variance for the required height of the fence in front yard from the code allowed 42 inches to 7 feet in height and for the required 6 feet requirement in the side and rear yard to 7 feet with the following conditions:

1. Prior to any work commencing, the applicant shall apply for and obtain a construction permit.