HomeMy WebLinkAbout7. Appeal of the BOAA's Determination-Main St Vet Services
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 09-007
TO: Mayor and City Council
FROM: Kyle Sobota, Planner I
SUBJECT: Appeal of Board of Adjustment Determination - Main Street Veterinary
Services
MEETING DATE: February 3,2009
SITE INFORMATION:
Applicant: Ronald Gaskin, Main Street Veterinary Services
Location: 536 First A venue East
Existing Zoning: Highway Business (B-1)
Adjacent Zoning: Highway Business (B-1)
INTRODUCTION
Ronald Gaskin, representing Main Street Veterinary Services has submitted an application to appeal a
Board of Adjustment determination regarding the use of an addition. Please see the attachments for the
staff report to the Board of Adjustment, property location, plans submitted, and information supplied by
the applicant. A video of the Board of Adjustment meeting can be viewed on the City's web site at
http://shakopee.granicus.com/ViewPublisher.php?view id=2 and by selecting Board of Adjustment, and
January 8,2009 meeting. The item starts at approximately 30 minutes and 40 seconds elapsed time.
DISCUSSION
. On April 4, 1996 the applicant received a conditional use permit to operate a veterinary clinic in a
residence at 536 First Avenue East that would be staffed by the applicant and one part-time employee.
The applicant's submitted site plan in 1996 depicted the north side of the residence space for the
veterinary clinic, which encompassed approximately 365 square-feet as noted in the meeting minutes. On
November 26, 2007 a building permit for a 576 square-foot (24'x24') addition to the south side of the
structure was issued with the condition that the addition not be used for operation of the veterinary clinic
since an amendment to the conditional use permit had not been applied for (see exhibit B). The plans
submitted depicted the rooms in the addition to be a kitchen; dining room, living room, and a 9'x 8' office
(see exhibit C).
Construction of the addition commenced into 2008 and in June 2008 the City of Shakopee received a
complaint that the addition may be used, or was intended to be used as part of the veterinary clinic. On
June 12, 2008 staff sent a letter notifYing the applicant that the addition was not to be used as an
expansion of the veterinary clinic, since a conditional use permit amendment had not been granted (see
exhibit I). The applicant filed an appeal of staff's determination on December 3,2008.
The applicant appealed staffs determination and believes that the addition should be able to be used for
the veterinary clinic and stated on the appeal of staff determination application "Use of additional space to
upgrade (not expand) service. I do not see increased traffic to clinic but a possible decrease." Staffs
position was to allow the expansion of a permitted use, in this case a single-family residence. The
expans~on of a conditional use would require a new conditional use permit or an amendment. The Board
did not review the original conditional use permit with an anticipated expansion area to the south.
The applicant states that he wishes to use 288 square-feet of the addition, or 50% of the area for the
veterinary clinic, bringing the total square footage of the clinic to 653 square-feet. The applicant stated at
the January 8, 2009 Board meeting that the reason he applied for a residential building permit was
because of the length of review time for commercial building permits and the more restrictive plans and
construction. In speaking with the Building Official, a commercial building permit would have only
required the plans to be drawn by a licensed architect; the construction materials and practices would be
allowed to be the same since the applicant uses the structure as a residence. Submitting a commercial
building permit application would have triggered the requirement for a conditional use permit
amendment. The applicant chose to have his contractor submit a residential building permit and to have
the rooms of the addition represented as residential uses instead of an addition to the veterinary clinic.
At the January 8,2009 meeting of the Board of Adjustment the Board unanimously voted 6-0 to uphold
staff s decision.
If an expansion to the veterinary clinic were permitted additional parking would be required comply with
the zoning ordinance. Veterinary clinics require I off-street space per 500 square-feet. An expansion of
greater than 135 square-feet would trigger the need for a total of 4 off-street parking spaces, 2 for the
residence and 2 for the veterinary clinic. A minimum of 3 off-street spaces were required as part of the
original condItional use permit, currently only 2 spaces are provided outside of the single stall garage.
Since the property is located in the (B-1) Highway Business district, the spaces are required to be asphalt
or concrete.
ALTERNATIVES
1. Offer and approve a motion upholding the determination of the Board of Adjustment and
Appeals, requiring the applicant to apply for a conditional use permit amendment if the addition
is to be used as part of the veterinary clinic.
2. Offer and approve a motion granting the appeal.ofthe applicant and require compliance with
the existing conditional use permit, as well as current performance standards.
3. Table a decision and request additional information from staff and/or the applicant.
ACTION REQUESTED
Offer and approve a motion upholding the determination of the Board of A . tment and Appeals.
~7
CITY OF SHAKOPEE
Memorandum
CASE NO.: 08-068
TO: Board of Adjustment and Appeals
FROM: Kyle Sobota, Planner I
SUBJECT: Appeal of Staff Determination - Main Street Veterinary Services
MEETING DATE: January 8,2008
SITE INFORMATION:
Applicant: Ronald Gaskin, Main Street Veterinary Services
Location: 536 First Avenue East
Existing Zoning: Highway Business (B-1)
Adjacent Zoning: Highway Business (B-1)
INTRODUCTION
Ronald Gaskin, representing Main Street Veterinary Services has submitted an application to appeal a
staff determination regarding the use of an addition to the principal structure. Please see the attachments
for the property location and plans submitted for initial conditional use permit and the addition to the
building in 2007.
DISCUSSION
On April 4, 1996 the applicant received a conditional use permit to operate a veterinary clinic in a
residence at 536 First Avenue East that would be staffed by the applicant and one part-time employee.
The applicant's submitted site plan in 1996 depicted the north side of the residence space for the
veterinary clinic, which encompassed approximately 365 square-feet as noted in the meeting minutes. On
November 26, 2007 a building permit for a 24'x24' addition to the south side ofthe structure was issued
with the condition that the addition not be used for operation of the veterinary clinic, since an amendment
to the conditional use permit had not been applied for (see exhibit B). The plans submitted depicted the
rooms in the addition to be a kitchen; dining room, living room, and a 9'x 8' office (see exhibit C).
Construction of the addition commenced into 2008 and in June 2008 the City of Shakopee received a
complaint that the addition may be used or was intended to be used as part of the veterinary clinic. On
June 12, 2008 staff sent a letter notifying the applicant that the addition was not to be used as an
expansion of the veterinary clinic, since a conditional use permit amendment had not been granted (see
exhibit n.
The applicant has since appealed staff's determination and believes that the addition should be able to be
used for the veterinary clinic and has stated on the appeal application "Use of additional space to upgrade
(not expand) service. I do not see increased traffic to clinic but a possible decrease." Staff's position is to
allow the expansion of a permitted use, in this case a single-family residence. The expansion of a
.
conditional use would require a new conditional use permit or an amendment. The Board did not review
the original conditional use permit with an anticipated expansion area to the south.
Staff is also concerned about off-street parking spaces as a result of the expansion of the veterinary clinic.
To comply with the zoning ordinance, veterinary clinics require 1 off-street space per 500 square-feet. An
expansion of greater than 135 square-feet would trigger the need for a total of 4 off-street parking spaces,
2 for the residence and 2 for the veterinary clinic. A minimum of3 off-street spaces were required as part
of the original conditional use permit, currently only 2 spaces are provided. Since the property is located
in the (B-1) Highway Business district, the spaces are required to be asphalt or concrete.
ALTERNATIVES
1. Offer and approve a motion upholding the determination of staff, requiring the applicant to
apply for a conditional use permit amendment if the addition is to be used as part of the
veterinary clinic.
2. Offer and approve a motion granting the appeal of the applicant and require compliance with
the existing conditional use permit.
3. Table a decision and request additional information from staff and/or the applicant.
ACTION REQUESTED
Offer and approve a motion upholding the determination of staff.
y./iJ-J
-kyle Sobota
Planner I
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PID:270018470 ~
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536 1 AVE E SHAKOPE
SHAKOPEE MN 55379
COMMUNITY PRIDE SINCE 1857
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PERMIT
City of Shakopee " t.. Permit Type: Building
129 Holmes Street South Permit Number: SH053337
Shako pee. ~ 55379 SHAJKOJPlEE rnDIIIDID
952-233-9396 *053337*
www.ci.shakopee.mn.us ~IE'BII.mSlN:2l85'J Date Issued: 11/26/2007
Site Address: 536 1 Av E
Lot: 006 Block: 168 Addition: Original Shakopee Plat
PID: 27-001847-0
Use:
Description:
Sub Type: Porch Construction Type: V-B
Work Type: New
Description: Reroof & New Addition
CenSLlS Code: - Occupancy: I-Ll
Zoning: B-1
Bldg Sq Ft: 576
Bsmt Sq Ft: 0
~ommeDB: CONTRACTOR TO PULL ROOFING PERMIT IN ADDITION TO BUILDING PERMIT. ADDITION MUST
ONLY BE USED FOR RESIDENTAL USE. USE AS PART OF A "VET CLINIC" IS NOT ALLOWED.
INSPECTORS VERIFY INFO SENT OUT WITH INSPECTIONS...
Fee Summary: Description Amount Revenue Code
MN League (BP) $638.75 0333-4251
Valuation: 45,953.00 Plan Review (PC) $26.00 0332.4259
Surcharge. Based on Valuation $22.98 0913.2060 (BS)
Total: $687~ 73
Contractor: - Applicant - Owner:
. Exterior Expressions Ronald W & Pamela R Gaskin lAo...0r'7S
1335 Parkview Dr 536 lAvE
Chaska MN 55318 Shakopee MN 55379
(952) 368-3325 This permit becomes null and void if work or construction authorized is not commenced within180 days, or if construction is suspended or
abandoned for a period of 180 days at any time after the work is commence
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Notes to Applicant:
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1. Separate permits are requiTed for electrical, plumbingl, mechanical, sewer and water service and individual sewage
treatment systems.
2. This permit shall be null and void if authorized work is not started within 180 days or if work is suspended' or
abandoned for ] 80 days or more after work is started.
3. Comply with City.Code prohibitions and limitations of construction on City or Shakopee Public Utilities
easements, SEC. 4.03.
Permit and Plan Review Fee are based on City Code 4.05.
The undersigned hereby represents upon all of the penalties of the law, for the purpose of including the City of Shakopee to take the
action herein requested, that all statements, are true, and that aU work herein will be done in accordance with the ordinances of the
City of Shakopee and the State of Minnesota ,
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ARRANGE FORINSPECTlONS 24 HRS IN ADVANCE .
_ Completed Application
_ ISTS Review (provided by Scott County. Environmental Health)(septic sites ONLY)
_Three (3) Legal Surveys Wrrree Preservation Plan
_ Two (2) Complete Sets of Plans (One No Larger than 11" X 17");
_ Two (2) MN Check (www.energycodes.gov)
_ SPUC Application
_ Residential Equipment Form
_ Woodland Management Form
_ Alternate Erosion Control & Sediment Control Form (With Attached Plan/Survey)
Zone Ty..pe oi'.Congt. '['itEWU..s.q. (Ft. . "Fwe~Sp:r.m;kriersC([JDE
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Permit :Approved By: Notes:
Go~-cM c.Xpt-. TO f~
Shakopee Public Utilities I Date
Scott County Envir.Health . f' /' 1, fJ. --- ,_ _ )
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Engineering Depar1ment Date '
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RESOLUTION NO. PC-749
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
GRANTING ^ CONDmONAL USE PERMIT FOR A VETERINARY CLINIC
IN THE HIGHWAY BUSINESS (B-1) ZONE
WHEREAS, Ronald Gaskin, owner and applicant, has filed an application dated March 11, 1996,
for a Conditional Use Pennit under the provisions of Chapter 11, Land Use Regulation (Zoning), of the
Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use pennit fora veterinary clinic; and
. ,_.
WHEREAS, this parcel is presently zoned Highway Business (B-1); and
J
WHEREAS;'theproperty up6riwhichthe request is being made is:legallydescribed as follows:
Lot 6, Block 168, East Shalwpee Plat, City of Shalropee, Scott County, Minnesota; and
WHEREAS, notice was provided and on April 4, 1996, the Board of Adjustment and Appeals
I conducted a public hearing regarding this application, at which it heard from the Community Development
Director and invited members of the public to comment.
J
! NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND
I APPEALS OF THE CIIT OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
j
!
i
, That the application for Conditional Use Permit No. PC,. 749 is hereby GRANTED, subject to the following
conditions:
1. A minimum of three off-street parking spaces must be provided.
2. The applicant shall obtain a Change of Occupancy Permit from the Building Department for
the change in use of the building prior to recording of the CUP Resolution.
If this Conditional Use Pennit is not utilized within one year from this date, or ifit is discontinued for
a period of six months, it shall become void.
Ado~!ed by the Board of Adjustment ana of the City of Shakopee, Minnesota this 4th day of
April, 1996.
.~
v;0~ Chair of the Board of Adj
---
ArrEST:
Community Development Director
6'" fI' .'1 ",
June 12, 2008
Ronald Gaskin
536 First A venue East
Shakopee,~ 55379
Subject: Home Addition
Dear Mr. Gaskin:
On November 26, 2007 a building permit was granted for an addition to your home. One of
the conditions of the permit was that the addition not he used for your veterinary business.
Please be aware that using the addition for your business would require an amendment to your
Conditional Use Permit.
Thank you for your anticipated cooperation in this matter. If you have any questions, please
feel free to contact me at (952) 233-9349.
Sincerely,
/;,f ;t;:J
Kyle Sobota
Planning Department
'.II'~lr ,
City of Shakopee
Board of Adjustment and Appeals
April 4, 1996 Page 8
8.
.'!i
. Bennett stated that the applicant, Ronald Gaskin, has submitted a conditional use pennit
application to use approximately 365 square feet of the existing property at 536 East First
Avenue as a limited service veterinary clinic. The remainder of the property would continue to
be used as a residence by the applicant. She noted that there is a condition in the City Code
that animal hospitals and veterinary clinics should not be located within residential areas. She
stated that the City Code requires one off-street parking space for veterinary clinics, and two
spaces for residential structures. Ms. Bennett stated that staff is recommending an additional
parking space be provided as the applicant's cover. letter indicated a part-time employee would
be hired for the business. Ms. Bennett explained that she was contacted by the applicant that
the part time employee may be his spouse, thus the additional parking space may not be
necessary. She noted that a condition has also been added to address the need for a Change of
Occupancy permit that must be secured fromthe Building Department prior to approval of the
conditional use permit.
Commissioner Mars asked what guidelines are in place for the disposal of waste by a vet clinic.
Ms. Bennett stated that the Scott County Environmental Health Department has recommended
. approval of this request, and this concern would be within their review.
Commissioner Meilleur asked if this is the applicant's primary source of business.
Ronald Gaskin. 536 East First Avenue, stated that his wife currently works full-time and this
business would be his primary source of revenue. He noted that either his wife will be gone at
work all day or she would be his part time employee, thus he asked the Board to consider that
no additional parking space for a part time employee would be necessary. Mr. Gaskin stated
,thatifhe nee.ded additional help as the business gre~,~e~C>,y.!~,.1.9~~,[<?E~}~~~L[~~~!i':.""~"..,,,~.. ,;.., .
Commissioner Madigan asked if animals would be boarded on the site. Mr. Gaskin replied that
boarding and grooming would not be options at this time due to the limited space, and that is
why he specified this as a "limited service" vet clinic.
Commissioner Madigan asked what the hours of operation would be. Mr. Gaskin replied that
the hours would be 9:00 a.m. to 6:00 p.m.
Mr. Gaskin addressed Commissioner Mars' question regarding the disposal of waste by noting
that there '.1,;11 be continued dialogue with the County relating to the handling of waste.
bf1tp!T J1
City of Shakopee
Board of Adjustment and Appeals
April 4, 1996 Page 9
MOTION: Commissioners MarslLink offered a motion to close the public hearing.
VOTE: Motion carried unanimously.
MOTION: Commissioners MeilleurfRomansky made a motion to offer Resolution No.
PC-749, a Resolution of the City of Shakopee, Minnesota, Granting a
Conditional Use Permit for a Veterinary Clinic in the Highway Business (B-1)
Zone, subject to the following conditions as amended (Motion by Brekke,
seconded by Mars to change "four" to "three" in condition one):
1. A minimum of three off-street parking spaces must be provided.
2. The applicant shall obtain a Change of Occupancy Permit from the
Building Department for the change in use of the building prior to
recording of the CUP Resolution.
and.moved its adoption, based on the following Findings:
Criterion 1: The use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already
pennitted, nor substantially diminish and impair property values within
the immediate vicinity.
Finding 1: The Board finds that no evidence has been received that the
proposed veterinary clinic will be injurious to the uses and the enjoyment of
other property in the immediate vicinity, nor would it substantially diminish or
impair property values in the area.
.Crlte.rion.2.:....T:he..es.tablishlI1eD.t.o[tbe~onditi.ol:1al use will not impede the
nonnal and orderly development and improvement of surrounding
vacant property for uses allowed in the area.
Finding 2: The Board finds that the area surrounding the site is within the
Highway Business (B-1) Zone and contains virtually no vacant property. The
conditional use will not impede the future development and improvement in
the area.
Criterion 3: Adequate utilities, access roads, drainage, and other
necessary facilities have been or will be provided.
G~HIBrr Jz.
City of Shakopee
Board of Adjustment and Appeals
April 4, 1996 Page 10
Finding 3: The Boardfinds that adequate utilities, access and drainage are
provided to the site. Necessary parking facilities will need to be provided per
the above discussion.
Criterion 4: The use is consistent with the purposes of the zone in which
the applicant intends to locate the proposed use.
Finding 4: The Boardfinds that the use is comistent with the purposes of the
Highway Business (B-J) zone, "...to provide an areafor business usesfronting
on or with immediate access to arterial and collector streets. "
Criterion 5: The use isnetftt'ftRftictwith the Comprehensive PlaIl.
Finding 5: The Boardfinds that the use is consistent with the Comprehensive
Plan. The area is.designed for commercial uses in the adopted 1980 and
draft 1995 Comprehensive Plans.
9. OTHER BUSINESS
No other business was on the agenda for discussion.
10. ADJOURN
Chairperson Joos adjourned the meeting at 8:02 p.m.
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Template: I City of Shakopee > City Code> 12 Chapter 11
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I 3. 8ualnea$Ilnduatry
a. airpoltli and hell I per 4 $etll$ ... _"II area
I '1 pet employee on latgest shift
I b. animal llO$Qi\iIll;. , per 500 $Quare /eet
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I c. bowling alley 5 per bowling lane
I 0 bUS_ I pet 500 square Ieet
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I e. car _hell; 3 pet SlaII
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I f. cem6Ie<le& 4 minimum
i g. 1 pet employee on largest sI\IIl
n. 1 pet employee on Iargest!lhif!
. 1 pet 5 Childten
I I. I pet 300 square Ieet
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I l( 1 per 200 sq..... teet 01 floor a....
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I I- forestry and 1 per 500 square leet of sales_
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I m. ~I homes I per employee on largest &Ilif!
I IumiIute and I per 400 square teet Of floor area
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8!lPiiance S1O....S
I o. g..-. I pet e gas PUI11l>S
I .1 pet 150 square teet
I p. gram _val!>rS 1 per employee on largest SIlI~
I CI 1 per 3 $tudenl5
· I pet Cft'lPIOYee on Ia1geSt SIlifI.
1 r. JunkyarllS 1 per emplOyee on largest snift
i 'ennels 1 per 400 oqu8lil feet
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I 1 1 per emplOyft on la/9GSt SlIiIt
I .1 pet 500 square feet of _ area
I u. 1 pet 500 sq_ teet ollloor _. CC' employee
I on largest shill. ~ .. greater
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This copy is registered 10: City of Shakopee
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http://www.cLshakopee.mn.us/weblink7/DocView .aspx?id= 152254&searchhandle= 14688&... 1/8/2009
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1/8/09
Appeal for 40% of new expansion for vet clinic use.
A) Expansion space use
1) Only 40% of expansion square footage for vet use.
2) 60% of expansion square footage for resident use.
a) Reason for residential building permits and time delay and expanse for
commercial submittal. SA or Holiday.requirements
B) Parking
1) Upgrade gravel to asphalt Gust told this 3 days ago)
2) Finish off roughed in landscape by October 1st 2009.
C) Waste plan submitted.
D) Statement of practice management to assure pet control.
1) Carriers for small dogs and cats required
2) Leashes on all dogs
NO Complaints to City in 12 years of operation.
Alternative #4
Offer and approve a motion granting the appeal of the applicant and require expansion
needed parking space, upgrade parking space to asphalt surface, and beautifully
landscape backyard and parking spaces by October 1 st 2009.
Consequence of non compliance would be review existing CUP for possible suspension
by the Board.
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