HomeMy WebLinkAbout15.D.1. Appeal of Board of Adjustment and Appeal Denial of Expansion of Noncomformity
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-088
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Appeal of Board of Adjustment and Appeal Denial of Expansion of Nonconformity
DATE: July 19,2005
INTRODUCTION
Mark Menke has filed an appeal of the Board of Adjustment and Appeals determination to not allow the
expansion of a nonconforming use. The specific request was to allow the demolition of an existing building
(which is a Type B nonconformity, meaning it does not meet setback requirements) and the demolition and
reconstruction of an existing building (Type A nonconformity, meaning that it is a commercial use in a
residential zone).
The Board of Adjustment and Appeals discussed this issue at its June 9, 2005 meeting, and by a 7-0 vote, the
Board denied the request. A copy of the staff report to the Board of Adjustment and Appeals is attached for
the Council's reference.
ALTERNATIVES
1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a
resolution for the Council's consent agenda that is consistent with that decision.
2. Uphold the appeal of the applicant, thereby granting the requested expansion of a nonconforming
use, and direct staff to prepare a resolution for the Council's consent agenda that is consistent with
that decision.
J. Table the appeal for additional information.
ACTION REOUESTED
Offer a motion directing staff to prepare a resolution for action at the next meeting, and move its adoption.
h:\cc\2005\07 -19\appealmenke05088.doc
#11
CITY OF SHAKOPEE
Memorandum
CASELOG NO.: 05-058
TO: Shakopee Board of Adjustment and Appeals
FROM: Julie Klima, Planner II
SUBJECT: Mark Menke Request for BOAA Determination
DATE: June 9, 2005
DISCUSSION
Mark Menke has filed an appeal of staff s determination regarding a nonconforming use.
The subject property is located at 1250 Fuller Street (please see Exhibit A). The property
is currently zoned Urban Residential (R-IB) and is used for commercial purposes making
the site a nonconforming use. This type of nonconformity is classified by City Code
Section 11.91 as a Type A nonconformity. In addition, the site also has a Type B
nonconformity (as defined in Section 11.91) in that one of the buildings currently does
not meet the minimum setback requirement of 30 feet for the rear yard.
CityCode Section 11.91, Subd. 3.A requires the following ofa Type A nonconformity:
"no such use shall be expanded, enlarged to use more land area, intensified, replaced,
structurally changed, or relocated except to make it a permitted use. Normal
maintenance and non-structural repairs shall be exceptedfrom this prohibition".
The existing structures on the subject site are sized at 1508 square feet. The existing
buildings are constructed of block and metal materials. Please see photos of existing
conditions (Exhibit B). The applicant is requesting to build a single structure that would
measure approximately 1536 square feet. In short, the request is to allow an expansion of
a Type A nonconformity (a commercial use that is not consistent with those allowed in a
residential zoning district) while eliminating the Type B nonconformity (setback not
being met). Please see Exhibit C. This drawing depicts the 2 existing buildings on site,
as well as, the single proposed building and parking lot and stalls. The applicant has also
provided a proposed building elevation for review by the BOAA (Exhibit D):
Staffhas determined that demolishing the two existing buildings and constructing a new
building is not consistent with the requirements of Section 11.91, Subd. 3.A. The
applicant proposes that the proposed structure would be constructed of materials that
comply with the City Code and would be located to meet setback requirements. The
proposed structure would continue to operate as a commercial business in a residential
zone. The BOAA is asked to make a determination regarding the proposed changes to
the site.
The Engineering Department has reviewed the request and has provided comments.
These comments are attached as Exhibit E. Please note that the Engineering Dept. is
recommending conditions be applied in the event that the BOAA approves the request.
When staff initially discussed the site with the applicant, the applicant questioned the
possibility of removing the building along the rear property line (approximately 686 sq.
feet in size) and adding that same square footage to the existing block building on the
site. Thereby, eliminating the Type B nonconformity and not increasing the Type A
nonconformity. Staff determined that that proposal would be in compliance with the
requirements of City Code, so long as the overall square footage of building on the site
did not increase. The applicant then approached staffwith the proposal that is reflected
in this report.
Section 11.91, Subd. 1 states "it is the purpose and intent of this Chapter to discourage
the survival of Type A nonconformities and such uses are hereby declared to be
incompatible with the Chapter and with the comprehensive plan. It is further the purpose
and intent of this Chapter to discourage the enlargement, expansion, or extension of anY'
Type A nonconformity or increase the impact of such nonconformity on adjoining
property." This section ofthe code also goes onto state that "Type A nonconformities will
be discouraged and not allowed to expand while Type B nonconformities will be allowed
to continue in existence and expand under carefully regulated conditions".
The Board is asked to make a determination regarding the proposed
improvement/expansion of the existing Type A nonconformity on the subject site.
ALTERNATIVES
1. Approve the request of the applicant to construct a 1536 square foot building that
complies with all design standards of the City Code.
2. Approve the request of the applicant to construct a 1536 square foot building that
complies with all design standards of the City Code with conditions/revisions.
3. Deny the request of the applicant.
...
ACTION REQUESTED
Offer a motion consistent with the wishes of the Board, and move its adoption.
g:\boaa-pc\2005\06-09\menke05058.doc
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SHAKOPEE .~ r .....". Shakopee Boundary
c"",~~n"J'PRIUHSlNCt': 11157 S r:=l ZonIng Boundary
c=J Parcel Boundary
Determination of BOAA ton
construct new buidling
http://gis.1ogis. org/ shakopeellocationmap/map.asp?title=Determination+of+BOAA +ton+ ... 05/03/2005
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City of Shakopee
Memorandum
TO: Julie Klima, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Determination of the BOAA for Construction of a New Building (1250 Fuller Street)
PID NO.: 27-912028-0
CASE NO.: 05058
DATE: May 31,2005
The application indicates a request for a determination by the Board of Adjustment and Appeals to
construct a new building at the above referenced property.
After reviewing the above referenced application, the following items were noted:
1. The property is located in an urban residential (RI-B) zone.
2. The proposed use of the property is to operate a general contracting business, a non-
conforming use within an urban residential (RI-B) zone.
3. The proposed impervious surface percentage appears to exceed the requiremet;tts set forth by
the City Code for an urban residential (RI-B) zone.
4. No drainage and utility easements exist on the lot.
Recommendation
Should the Board of Adjustment and Appeals choose to approve the above referenced application,
the engineering department recommends the following conditions be attached:
1. The applicant shall work with City staff to reduce the impervious surface percentage to an
acceptable amount.
2. The applicant shall work with City staff to provide an acceptable storm water management
plan for the site.
3. The applicant shall dedicate drainage and utility easements as directed by the City of
Shakopee.
4. The applicant shall obtain a right-of-way permit for all proposed work within the Fuller
Street right-of-way.
5. The applicant shall obtain the appropriate grading permitslbuilding permits prior to any land
disturbing activity.
6. The building permit applicant shall be required to pay all applicable Trunk Storm Water
Charges and Trunk Storm Water Storage and Treatment Charges as required by the most
current City of Shakopee Fee Schedule.
C:\Documents and Settings\JKJima\Local Setlings\Tempo1'll1j' Internet Files\OLKA\Case.Number.05058.Det.BOAA.Bldg.Const (1250 Fuller St).doc
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ill'~~RD,]cl~ll ]112iOI5~
June 17, 2005
Mark,
First we want to thank you for showing us your plans for the new commercial
office building that you intend to build and replace the current building on your
Fuller 81. property. Of course this is pending approval by the city counsel.
The plan that you showed us included a 30-ft x 50-ft single story structure set back
from the street so that the front of the new building will be located approximately
where the old building now sits. Parking will be on a hard surface (concrete or
blacktop) on the east side (Fuller St. side) of the building. All other ground area
will be covered with a layer of topsoil and sod. The bushes and trees separating
our property from yours will be replaced. A new retaining wall will replace the old
one. and be extended as needed. Concrete building blocks used in construction of
the old wall will be replaced with concrete blocks designed for that purpose.
Building materials and construction machinery will no longer be stored on the
property.
This plan is so much better than the one you discussed with us earlier where you
were going to upgrade the existing concrete building and increase its size by the
area of the tin shed that no longer meets the setback requirements. Also by
providing a concrete or blacktop surface for vehicle traffic and a grass surface on
other parts of the property will provide an attractive addition to the area and reduce
the erosion problem that now occUrs whenever it rains.
We hope the counsel has a favorable opinion and approves your plan.
Jim and Joanne Menke
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July 10, 2005
Mark Menke
Mark, Thank you for taking the time to show us the new office
building plans that you are proposing to the city. The new office
building will be a great improvement from the current buildings.
We actually prefer this proposal next to us because it will be quiet,
Clean, and will eliminate the outdoor storage.
We hope the City of Shakopee will approve your proposal.
Sincerely,
Rick & Janni Hennes
1175 S. Shumway 81.
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July 10, 2005
We are in favor of the proposed plan that Mark Menke has presented to us to keep his lot commercial and
would like to see him be allowed to improve his lot per the new building plan.
".
We have lived at our current address since October of 1997 and would greatly see the improvement in
opposition of remaining deterioration to continue ifplan is not allowed.
We would like the City of Shakopee to consider his plan.
Sincerely,
M ~ S.,-.. ~ \.t.,:u...
Merle and Joan Marshall
RECEIVED jUt 1 .1 lOO~
July 3, 2005
Mark Menke & City of Shakopee,
Mark, Thank you for taking the time to show us the new office
building plans that you are proposing to the city. The new office
building will be a great improvement of that which was previously
discussed, in which you were you going to add on the square
footage of the metal shed to the existing block building.
We have no problem with a commercial property next to us; we
purchased this property with it already there. Across the street is
the Community Center which is commercial property. In fact we
prefer it because we will always know who our neighbor will be.
We hope the City of Shakopee will approve your proposal and
make . all of our property values increase.
Sincerely,
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Bob & Wendy Friendshuh _",; ,. .. ,:" .:/,_/ ./:",(,/
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o . Denotes ~et ar faund iran pipe manWnent~
a DEmates set woad hub and t,ack " ,
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184.0 .Denates existing eleva:ion
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I hereby certift tJ:1a t this is a true and carrect representa tion of a survey af .the baun~aries .
Mo~iIt\ -r2.()O~ (p~~e. ~u,l'~ \ ~.OO~ o\-+he .'
af Fl\€" ~lo9'00 ~\ ot E.~T~J\-lE: ~thQ. ~OIG\\\\}J~Yaunt'y. Minnesata as, an file and af 'record'
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in the Office af theCaunty'Recarder in and far said Caunty~ also. shawing the .prapased' lacatian
af a hause as staked therean.
That I am a duly Regi.stered .Land Surveyar under 'the' Laws of the' State af. Minnes<<;)ta.
Dated: APQlL '2.0. ~ '20P'7 ~
~cV~SED\.. ~P\<\L ~O I 2.~7
Allan R. Hastings
Minnesata Regist,ra tian No.. .17009
212 First Avenue E.
II d '1" ~ C D Suite No.. C
I\W1t: I\!'O.' ~ l'L E VPII)}1V~ ,""U,(2f\} ~~b'lt.O To ~\ E. Shakapee, . Minnesat~ 55379
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