HomeMy WebLinkAbout5.C.1. Upholding Board of Adjustments and Appeals Denial of Variances for SHelter of Shakopee for property at 1523 3rd Ave West-Res. No. 6486
5, e.l.
CITY OF SHAKO PEE CONSENT
Memorandum
CASE NO.: 06-079
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination on Variances of
Allowable Building Materials and Rear Yard Setback for Shelter of Shakopee,
located at 1523 3rd Avenue West
DATE: September 19, 2006
INTRODUCTION
Rob Schatzle, Shelter of Shakopee, has filed an appeal of the Board of Adjustment and Appeals (BOAA)
decision concerning a variance to allow for the construction of a steel sided building with a 10 foot rear
yard setback at his property, which is located at 1523 3rd Avenue West.
The Board of Adjustment and Appeals held a public hearing on the variance request for Shelter of
Shakopee at its August 10, 2006 meeting. By a 5-1 vote, the Board denied the Variance request. The
Board determined that the request did not meet all of the criteria required for granting the variance, noting
that there were building materials available for the applicant to utilize that would be consistent with the
City Code regulations.
At their September 5, 2006 City Council meeting, the Council reviewed the appeal submitted by Mr.
Schatzle, at which time they directed staffto prepare a resolution denying the request.
ALTERNATIVES
1. Approve Resolution No. 6486, a resolution upholding the determination of the Board of
Adjustment and Appeals.
2. Uphold the appeal of the applicant, thereby granting the requested variance, and direct staff to
prepare a resolution for the Council's consent agenda that is consistent with that decision.
3. Do not approve Resolution No. 6486, and direct staff to prepare a resolution denying the request.
4. Table the appeal for additional information.
ACTION REQUESTED
Approve Resolution No. 6486, a resolution upholding the determination of the Board of Adjustment and
Appeals.
g:\cc\2006\09-19\appeal schatzlevariance.doc
RESOLUTION NO. 6486
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE BOARD OF
ADJUSTMENT AND APPEALS DETERMINATION REGARDING
A VARIANCE OF ALLOW ABLE BUILDING MATERIALS AND A REDUCED REAR
YARD SETBACK FOR PROPERTY LOCATED AT 1523 3RD A VENUE WEST
WHEREAS, Rob Schatzle, applicant, and Shelter of Shakopee, property owner, has filed
an application for an appeal of a determination by the Board of Adjustment and Appeals under
the provisions of Chapter II, Land Use Regulation (Zoning), of the City of Shakopee City Code,
Section 11.90 (Appeals); and
WHEREAS, the subject parcel is presently zoned Highway Business (B-1) Zone; and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
Exhibit 1 (attached); and
WHEREAS, on August 10, 2006, the Board of Adjustment and Appeals (BOAA)
conducted a review regarding a Variance request to allow the construction of a new building
constructed of steel materials with a ten (10) foot rear yard setback at Shelter of Shako pee,
located at 1523 3rd Avenue West, at which time it heard from the Community Development
Director or his designee and invited members of the public to comment; and
WHEREAS, the BOAA denied the Variance request at their August 10, 2006 meeting;
and
WHEREAS, the applicant timely appealed the determination ofthe Board of
Adjustments and Appeals; and
WHEREAS, the City Council reviewed the appeal of the applicant at their meeting of
September 5, 2006; 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:
1.A. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls:
Finding 1.A. The property can continue to be utilized as a commercial development with a
building to be constructed of materials that would comply with the regulations as stated in the City
Code.
1.B. The plight of the landowner is due to circumstances unique to the property;
FindingI.B. The plight of the applicant/landowner is not due to circumstances unique to the
property. The circumstances are based on their desire for utilizing building materials that are not
consistent with the current City Code regulations.
1.c. The circumstances were not created by the landowner;
Finding I.C The circumstances were created by the applicant/landowner as a result of their
desirefor buildings that do not meet the design standards of the City Code.
I.D. The variance, if granted, will not alter. the essential character of the locality; and
Finding I.D. The variance would not alter the essential character of the locality.
I.E. The problems extend beyond economic considerations. Economic considerations do not
constitute an undue hardship if reasonable use for the property exists under the terms of the
ordinance.
Finding I.E. The problems do not extend beyond economic considerations.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and intent
of this Chapter.
Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11
(Zoning) in that it would allow additional signage beyond what is allowed by City Code.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to
protect the adjacent properties.
Finding 4 (Dependent on the Board's action on the request.)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
Finding 5 (Not applicable since the property is not within the flood plain overlay zone)
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 Shelter of Shakopee's request for
construction of a steel building with a reduced rear yard setback is hereby denied.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held the _ day of ,2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Caselog # 06079
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A triangular piece of land lying within the limits of the City of Shakopee, County, of Scott, State
of Minnesota; commencing at a point on the South line of the Chicago, St. Paul, Minneapolis and
Omaha Railroad 2.29 chains West of the East line of Madison Street of Koeper' s Addition to
Shakopee, according to the plat thereof; thence running Westerly along the Sou,th line of the bed
of said railroad, 11.16 chains.to a point where the Shakopee road crosses said tracks of railroad
above mentioned; thence Easterly along the North line of said Shakopee Road a distance of11.74
chains; thence Northerly and parallel with the East line of Madison Street 3.65 chains to the place
of beginning.
EXCb.l:'TlNU 1'~.K..b.t' K01Vf approximately'T:zrl acres taken by the highway condemnation. All
of the above being in Section TWO (2), Township One Hundred Fifteen (115), Range Twenty-
three (23).
. AND
That part of Outlot D, Hussman Addition, Scott County, Minnesota, lying northeasterly of the
following described line: Beginning at apoint on the southeasterly line of said Outlot D, distant
342.62 feet southwesterly of the most easterly corner of said Outlot D; thence northwesterly to a
point on the northerly line of said Outlot D, distant 391.92 feet westerly of said most easterly
comer and there terminating, according to the plat thereof on file and of record in the Office of
the Re~ter of Deeds in and for said county and state.
CERTIFICATION OF RESOLUTION NO. 6486
I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true
and correct copy of Resolution No. 6486, presented to and adopted by the City Council ofthe
City of Shakopee at a duly authorized meeting thereof held on the _ day of , 2006,
as shown by minutes of the meeting in my possession.
Dated this _ day of ,20_.
Judith S. Cox
City Clerk
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