HomeMy WebLinkAbout5.B.1. Appeal of the Board of Adjustment and Appeals Determination by Appliance Smart-Res. No. 6640
CITY OF SHAKOPEE S. f!J.~
Memorandum
CASE NO.: 07 -044 CONSft~T
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination by Appliance
Smart
DATE: August 21, 2006
INTRODUCTION
Appliance Smart has filed an appeal of the Board of Adjustment and Appeals (BOAA) determination
upholding staff's interpretation that the use of an Appliance Smart is not permitted within the Heavy
fudustrial (1-2) zone.
On August 8, the City Council heard the request for appeal by Appliance Smart and directed staff to prepare a
resolution upholding the determination of the BOAA. Attached is a copy of the resolution for Council's
consideration.
ALTERNATIVES
1. Offer a motion to approve Resolution No.6640, and move its adoption.
2. Direct staff to prepare a resolution granting the appeal of the applicant.
3. Table a decision and request additional information from staff and/or the applicant.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6640, and move its adoption (Alternative No.1).
...
RESOLUTION NO. 6640
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE BOARD OF
ADJUSTMENT AND APPEALS DETERMINATION REGARDING
AN APPLIANCE SMART TO BE LOCATED AT 424112TH A VENUE EAST
WHEREAS, Appliance Smart, applicant, and Shakopee Industrial Holdings, LLC,
property owner, have filed an application for an appeal of a determination by the Board of
Adjustment and Appeals under the provisions of Chapter 11, Land Use Regulation (Zoning), of
the City of Shako pee City Code, Section 11.90 (Appeals); and
WHEREAS, the subject parcel is presently zoned Heavy Industrial (1-2) Zone; and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
That part of Lot 1, Block 1, Valley Park Twelfth Addition, Scott County, Minnesota, which lies
Westerly of the following described line: Commencing at the southwest corner of said Lot 1,
Block 1, Valley Park Twelfth Addition, thence North 89 degrees 02 minutes 41 seconds East,
along the south line of said Lot 1, a distance of 794. 92 feet to the beginning of the line to be
described; thence northerly to a point on the north line of said Lot 1 distant 796.62 feet easterly
of the northwesterly corner thereof and said line there terminating; and
WHEREAS, on July 19, 2007, the Board of Adjustment and Appeals (BOAA)
conducted a review regarding a request to allow the consideration of a retail use in the Heavy
Industrial (1-2) zone as a Conditional Use Permit (CUP) for property located at 4241 lib Avenue
East, at which time it heard from the Community Development Director or his designee and
invited members of ~he public to comment; and
WHEREAS, the BOAA upheld the determination of staffthat retail sales is not a
Conditional Use within the Heavy Industrial (1-2) zone at their July 19, 2007 meeting; and
WHEREAS, the applicant timely appealed the determination of the Board of
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Adjustments and Appeals; and
WHEREASJ the City Council reviewed the appeal of the applicant at their meeting of
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J\ugust8,2007;andi
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WHEREAS~ the City Council's reached the following findings with respect to the
request: !
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NOW THEIU:FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF SHAKOJ,:>>EE, MINNESOTA, AS FOLLOWS:
1. The permittea uses of the 1-2 zone does not include retail sales.
2. The stated purpose of the Heavy Industry (I-2) zone is to provide an areafor industrial uses
in locations ~emote from residential uses and in which urban services and adequate
transportatioh exist. The spirit and intent of this purpose statement is not at all similar to the
purpose statement of the Highway Business (B I) zone which clearly allows retail sales as a
permitted use. The purpose statement of the B 1 zone reads "the purpose of the Highway
Business zone is to provide an area for business uses fronting on or with immediate access
to arterial and collector streets",
3. Section 11.46, Subdivision 3 of the City Code states that the conditional uses for the 1-2
zone include "retail sales of products manufactured, fabricated, assembled, or stored on
site" . The applicant's appliances are not manufactured, fabricated, or assembled on site.
Although the appliances are "stored" on site, they are stored there solely for the purposes of
offering the appliances for sale to retail customers. The intent of the "or stored" provision is
to allow incidental sales of products that are stored on site primarily for purposes unrelated
to retail sales, such as for distribution or warehousing purposes.
4. Section 11.88 of the City Code outlines the specific standards for conditional uses in the
Industrial zones. Section 11.88, Subd. 2.Y lists 5 conditions that shall be applied to retail
sales of products rnanufactured, fabricated, assembled, or stored on site. One of these
conditions is "shall limit the area devoted to display and sale of the products to no more
than 15 % of the principal structure or 2,000 square feet within the principal structure,
whichever is less", The use as outlined by the applicant exceeds this requirement.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the decision of the
Board of Adjustments and Appeals is hereby upheld, and Appliance Smart's request for the
consideration of a retail use in the Heavy Industrial (I-2) zone as a Conditional Use Permit
(CUP) for property located at 4241 lih Avenue East is hereby denied.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the _ day of ,2007.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Caselog #07-044