HomeMy WebLinkAbout15.C.1. Appeal of Board of Adjustment and Appeal Denial of Expansion of Nonconformity-Res. No. 6277
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-088 CONSENT
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: August 3,2005
INTRODUCTION
On July 19th the City Council voted 3-2 to uphold the determination of the Board of Adjustment and
Appeals regarding nonconformities on property at 1250 Fuller Street. Mark Menke had 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. Attached to this memo is a draft resolution for consideration by the City
Council.
ALTERNATIVES
1. Approve Resolution No. 6277, A Resolution Upholding the determination ofthe Board of
Adjustment and Appeals.
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.
3. Table action on the appeal for additional information.
ACTION REQUESTED
Offer a motion approving Resolution No. 6277, and move its adoptio ..
h: \cc \2005\08-03 \appealmenkeresolution 05088.doc
RESOLUTION NO. 6277
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE BOARD OF ADJUSTMENT AND
APPEALS DETERMINATION REGARDING
NONCONFORMITIES AT 1250 FULLER STREET
WHEREAS, Mark Menke, applicant and property owner, has filed an application for an appeal of a
determination by staff under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee
City Code, Section 11.90 and Section 11.91, to allow the construction and expansion related to a nonconforming
use; and
WHEREAS, the subject parcel ofland is presently zoned Urban Residential (R-1B) Zone; and
WHEREAS, the subject parcel ofland for which the request is being made is legally described as:
The north 72 feet of the South 132 feet of the East 165 feet of Southeast Quarter of the Northwest Quarter of
Section 12, Township 115, Range 23, Scott County, Minnesota; and
WHEREAS, on June 9, 2005, the Board of Adjustment and Appeals conducted a review regarding this
application, at which it heard from the Community Development Director or his designee and invited members of
the public to comment; and
WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals;
and
WHEREAS, the City Council reviewed the appeal of the applicant at their meeting of July 19, 2005; and
WHEREAS, the City Council's reached the following findings with respect to the request:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, AS FOLLOWS:
The construction and expansion of nonconforming uses on the subject property do not meet the stated purpose of
Section 11.91, Subd. 1 of the City Code. This portion of the code states "it is the purpose and intent of this
Chapter to discourage the survival of Type A nonconformities and such uses are herby 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".
That the decision of the Board of Adjustments and Appeals is hereby upheld, and the applicant's request for an
expansion and construction of a nonconforming use is hereby denied.
Adopted in session of the City Council of the City of Shako pee, Minnesota: held the_
day of ,2005.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Caselog 05088