HomeMy WebLinkAbout10.A.1. Appeal of Board of Adjustment and Apeals Decision, Curb to Curb Contractor Conditional Use Permit-Res. No. 7409General Business 10. A. 1.
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TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Senior Planner
DATE: 01/21/2014
SUBJECT: Appeal of Board of Adjustment and Appeals Decision, Curb to Curb Contractor
Conditional Use Permit -Res. No. 7409 (B)
Action Sought
Adopt Resolution No. 7409, a resolution denying the appeal of Mr. Mike Saxton of The Board of
Adjustment and Appeals approval of Resolution No. PC 14 -002 granting a Conditional Use
Permit to Curb to Curb for Landscape Service /Contractor and Exterior Storage of Goods for Sale
for property located at 1480 Third Avenue.
Background
On September 27, 2013 Roger Dvorak made application for a zoning text amendment to allow
landscape services and contractors as a conditional use in the Highway Business (B -1) zone,
which was reviewed by the Planning Commission on November 7, and the City Council on
November 19, 2013. The City Council approved the zoning text amendment unanimously on
November 19th. Mr. Dvorak has purchased the property at 1480 Third Avenue West and applied
for a conditional use permit to operate his business at this location. At the January 9th meeting of
the Board of Adjustment and Appeals (BOAA) the CUP request was heard,and the BOAA
adopted Resolution PC 14 -002, approving a Conditional Use Permit for a Landscape Service /
Contractor and Exterior Storage of Goods For Sale. The Board chose to revise two of the
draft conditions of the resolution relating to the amount of screened material that could be stored
in bunkers on the site (75 cubic yards), as well as revising a condition on noise generation during
evening hours.
Mr. Mike Saxton, 1901 10th Avenue West has filed an application to appeal the Board's decision
to the City Council. Mr. Saxton states in his letter that Mr. Dvorak's use is not a listed permitted
or conditional use in the previous code or the amended ordinance. Mr. Saxton contends that Curb
to Curb Property Maintenance is not a landscape service or a contractor because a significant
portion of Curb to Curb's operation involves sweeping of parking lots or streets. Along with
sweeping, Curb to Curb's business also involves snow plowing and snow removal, as well
as lawn maintenance. It is staffs belief that offering a full service property maintenance company
falls in line with the use classification of a landscape service or a contractor. The classification as
a landscape service or contractor does not exclude certain maintenance activities to be performed
by landscape services, or a contractor. Staff also believes that storage of the materials in the
concrete bunkers will be materials that are for sale, such as screened fill, mulch, and other
landscape supplies.
As part of an appeal, the City Council is tasked with determining if the if there were errors or
omissions in the decision of the Board of Adjustment and Appeals approving the Conditional Use
Permit. Staff and the Board believe that the proposed use of the property meets the definition of
both a landscape service and a contractor, which are permitted with the zoning ordinance
amendment adopted by the City Council. The applicant applied for a conditional use permit and is
subject to several conditions regarding the use of the property and has agreed to comply with the
conditions.
Staff has discussed both Mr. Dvorak's Conditional Use Permit and Mr. Saxton's appeal with the
City Attorney. The City Attorney assisted staff in the drafting of the attached resolution for the
City Council's review. The City Attorney is confident that Mr. Dvorak's business meets the
definitions of the uses prescribed in the zoning ordinance.
Recommendation
Staff recommends that the City Council adopt Resolution No. 7409, a resolution denying the
appeal of Mr. Mike Saxton of The Board of Adjustment and Appeals approval of Resolution No.
PC 14 -002.
Budget Impact
There is not an immediate budgetary impact to this application. Mr. Dvorak intends to invest
money into this property relating to berming, landscaping, paving, and fencing, which will
increase the value of the property.
Relationship to Vision
Staff believes that upholding the Board's determination is in line with the zoning text amendment
recently adopted by the City Council, and that the use of the property under the conditions
imposed in the CUP will not be injurious to nearby or adjacent properties. Mr. Dvorak is
proposing to move his business from Burnsville to Shakopee and occupy a building that has been
under utilized the past few years.
Requested Action
Offer a motion to approve Resolution No. 7409, a resolution denying the appeal of Mr. Mike
Saxton of The Board of Adjustment and Appeals approval of Resolution No. PC14 -002, and
move its adoption.
Attachments: CUP Report (W / Attachmentsl
Applicant Narrative
Resolution No. 7409