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HomeMy WebLinkAboutMay 08, 2025 - BOAA PacketShakopee Board of Adjustment and Appeals Regular Meeting Thursday, May 8, 2025 7:00 PM City Hall, 485 Gorman Street Vision: Shakopee is a distinctive river town with a variety of business, cultural, and recreational opportunities in a safe, welcoming, and attractive environment. Our vision is for Shakopee to continue being the place people want to live, work, and play! Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. 1. Roll Call 2. Approval of Agenda 3. Recognition by Board of Adjustment and Appeals of Interested Citizens 4. Consent Agenda These items are considered routine and will be enacted by one motion. There will be no separate discussion of these unless a Commissioner or staff requests, in which event the item will be removed from the consent agenda for separate discussion & action. 4.a Approve Minutes 5. General Business 5.a PUBLIC HEARING: Conditional Use Permit request for additional accessory structures at 735 5th Ave W. 5.b PUBLIC HEARING: Conditional Use Permit for Vehicle Repair and Service in the B-1, Highway Business Zone at 936 First Avenue East 6. Other Business 7. Adjournment If a commissioner has any comments, concerns or questions, he or she should contact the staff project manager prior to the scheduled meeting date. Also, if a commissioner is unable to attend the meeting for any reason, Please call the Department of Planning and Development at (952)233- 1 9300 as soon as possible. Thank you! 2 Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals May 8, 2025 Approve Minutes Heidi Emerson, Deputy City Clerk Action to be considered: Approve the meeting minutes from April 3, 2025. Motion Type: Simple Majority Background: Minutes from April 3, 2025. Recommendation: Approve the minutes after review. Budget Impact: N/A Attachments: BOAA Minutes April 3, 2025 4.a 3 Board of Adjustment and Appeals Meeting City of Shakopee Thursday, April 3, 2025 7:00 PM City Hall, 485 Gorman Street 1. Roll Call Present: Commissioners Ranua (Vice Chair), Reding, Robbins, Sandhu , and Weiler Absent: Commissioners Forsythe, Sepulveda Staff Present: Kerski Meeting started at 7:04PM 2. Approval of Agenda: Motion by Reding and seconded by Sandhu., Approved unanimously. 3. Recognition by Board of Adjustment of interested_Ctizens - None -== 4. Consent Agenda 4.a March 2025 minutes Motio_nby Robbins_and seconded by Sandhu. Approved with Redingabti:iiigT. 5. Other Business - None 6. Adjournmelnt Motion to=adjaurn by__Robbins seconded by Sandu and meeting adjourned to May 8;-2025 at 7 00 p rn. Passed unanirnd1usly.- 4 Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals May 8, 2025 PUBLIC HEARING: Conditional Use Permit request for additional accessory structures at 735 5th Ave W. Amanda Schwabe, Planner Michael Kerski 5.a Action to be considered: Approve Resolution PC2025-001 to allow accessory structures totaling up to 100% of the sq. ft. of the principal dwelling. Motion Type: Simple Majority Background: John Wright, applicant and property owner, is requesting the Board of Adjustment and Appeals approve a Conditional Use Permit (CUP) to allow accessory structures on the property up to 100% of the footprint of the principal dwelling at 735 5th Ave W. The property is approximately .29 acres in size (12,632 sq. ft.) and is improved with a single family dwelling (footprint of 1,176 sq. ft.), a detached 2 -car garage (798 sq. ft.) and a small shed (80 sq. ft.). Mr. Wright recently obtained a Home Occupation permit to convert the existing 2 -car garage into a recording studio. As a result, additional storage space is being requested for the property. The applicant is proposing to place an additional accessory structure totaling approximately 80 sq. ft. in size in the rear yard of the property. The proposed structure will meet setback requirements and will be used to store personal items and is not associated with the Home Occupation. City Code Section 151.007B.2. allows properties in the R1 -C zoning district to have accessory structure sq. ft. up to 10% of the lot area or up to 75% of the footprint of the principal dwelling, whichever is less. As a result, the subject property is limited to a total of 882 sq. ft. of accessory structures. The property has a total of 878 sq. ft. of accessory storage space today, which includes a detached garage (798 sq. ft) and a detached shed (80 sq. ft.). A CUP is required to request more sq. ft. than what is allowed in this zoning district. The property owner is proposing to add an accessory storage structure is 8' x 10' (80 sq. ft.) 5 bringing the total on the property to 962 sq. ft. While the applicant is not proposing to add up to 100% of the footprint of the principal dwelling (1,176 sq. ft.), staff felt it reasonable to process the CUP request in that fashion to avoid the property owner from having to go through the CUP process again in the future should the size of the proposed accessory structure change. The following findings have been determined to meet the required criteria: Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2 The conditional use permit should not impede future development and improvement in the area. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been provided for the site. The applicant is not requesting utility services for the proposed accessory storage structure. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The use of the subject property is consistent with the purposes of the Traditional Neighborhood District (R1 -C) which allows residential dwellings and accessory structures. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #5 The uses are not in conflict with the Comprehensive Plan (Old Shakopee Neighborhood). 6 Recommendation: Approve Resolution PC2025-001. Budget Impact: None Attachments: Resolution PC2025-001 Site Plan Narrative Engineering Memo 7 RESOLUTION PC2025-001 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW ACCESSORY STORAGE SPACE TOTALING UP TO 100% OF THE FOOTPRINT OF THE PRINCIPAL DWELLING AT 735 5th AVE W WHEREAS, John Wright, applicant and property owner, has made an application for a Conditional Use Permit (CUP) to allow for accessory structures totaling up to 100% of the footprint of the principal dwelling located at 735 5th Ave W per City Code Section 151.007B.2.; and WHEREAS, the property upon which the request is being made is legally described as: Lot 1, Block 62, City of Shakopee; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review this application on May 8, 2025, and adopted the following findings: Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 Finding #3 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; The conditional use permit should not impede future development and improvement in the area. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; The Board finds that adequate utilities, access, drainage and other necessary 8 facilities have been provided for the site. The applicant is not requesting utility services for the proposed accessory storage structure. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The use of the subject property is consistent with the purposes of the Traditional Neighborhood District (R1 -C) which allows residential dwellings and accessory structures. Criteria #5 Finding #5 The use is not in conflict with the Comprehensive Plan. The uses are not in conflict with the Comprehensive Plan (Old Shakopee Neighborhood). NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that the requested CUP is hereby approved, subject to the following conditions: 1. The total accessory structures allowed on the property shall not exceed 1,176 sq. ft. 2. Proposed accessory structure(s) shall meet City Code requirements related to setbacks, construction materials, and height. 3. Accessory structures shall be used for personal use only unless additional land use approvals (e.g. Home Occupation Permit) have been obtained. 4. Please refer to the Engineering Memo dated April 25, 2025, for specific conditions. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 8th day of May, 2025. 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NI "' 'I s1oNIMidlOum nn11111111111111111 0 "m" � IIIIiiiiVi°°°° oMMIWIYylWIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIYI' ' I'1'OY wwllNl AI ` i IAKO[ E F April 29, 2025 735 5th Ave W 0 20 40 80 ft 10 To Whom it may Concern, I am applying for a CUP to put in an additional storage shed on my property. I am converting my garage to a studio and need space to store items that are currently housed in that structure. In addition to the above please also note: 1. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; 2. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; 3. Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; 4. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and 5. The use is not in conflict with the comprehensive plan. Thanks in advance for your consideration, John Wright 11 City of Shakopee Memorandum TO: Amanda Schwabe, Planner FROM: Darin Manning, Project Engineer SUBJECT: Conditional Use Permit — 735 5th Avenue West PID NO.: 27-001455-0 CASE NO.: USE -000285-2025 DATE: April 25, 2025 The application includes a request for a Conditional Use Permit to allow additional accessory storage space on the property. The proposed storage would consist of an 8 -foot by 10 -foot shed The Engineering Department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. The storage structure must be located a minimum of five (5) feet from both the side and rear property lines. Recommendation The Engineering Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. H:ADevelopmentV735 5th Avenue West (CUP-Storage)ACUP (735 5th Ave) 04 28 25.docx 12 Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals May 8, 2025 5.b PUBLIC HEARING: Conditional Use Permit for Vehicle Repair and Service in the B-1, Highway Business Zone at 936 First Avenue East Kyle Sobota, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Approve Resolution PC2025-002. Motion Type: Simple Majority Background: Site Information: Address: 936 First Avenue East Property Owner: Affinity Plumbing LLC Lot Area: 0.39 acres Current Zoning: B-1, Highway Business 2040 Comp. Plan: Mixed Use Commercial Corridor Clay Monsrud, representing HLG Autos, has applied for a conditional use permit for vehicle repair and service at 936 First Avenue East. The proposed operation involves general repair and light bodywork and paint service. The expected hours of hours of operation are Monday -Friday 8:00 a.m. to 4:00 p.m. and four to six employees are anticipated. Vehicle access to the site is from Prairie Street and the alley south of the lot. There are two service bays in the northern building and space for three vehicles in the southern building. The southern building is for storage of vehicles and that are inoperable and where painting would take place in a portable paint booth. A Change of Occupancy Permit is required from the Building Department would be required prior to operation of the business. As noted on the site plan, angled parking is located on the north side of the lot along First Avenue and three spaces east of the northern building of vehicles waiting for service. As proposed, two of the employee parking spaces are within the right-of-way, which is not permitted. Prior to Affinity Plumbing operating on this site, the northern building was 13 used for a vehicle repair operation with two service bays. Fire has also noted that they have numerous conditions including that the proposed inflatable paint room is not allowed. The applicant's proposal is strictly for vehicle service, as used vehicle sales in the B- 1 zone is not permitted without the sales of new vehicles. Recommendation: Approve the resolution, as presented. Budget Impact: N/A Attachments: Location Map Applicant Narrative Floor Plan / Site Plan Engineering Department Memo CUP - Fire Memo.docx Resolution PC2025-002 14 NSW ';I1,111N, 6mj''N' h;l'll° uu uupl iiiilllll VIIINkWdllll"IPI I0011111111111111111111111011111111111i00000I nnlum'i'"''1W1 II�w�VN'A'NII hoII niiil111 111 gplp III III I �INIIII VI'I'll lilii� I V� II�III��IIIV��^VIIIIIIIIIIIIIIIIIIIII^I °'11,lgll' I'I� YIII�,li1'J�'lIU1u 1iljllll,l..II' 141 io II m�11NIN,9IVW y' ^Mm'�I,I. a uew Ndwi)jlnd „111111111111111,,,1116„WiJ�„��,IIII�IIII�II�III!ul illllllllNIIIIIIV1w a IIIII� Iiuullllillll IV Pump Iwlmluuuullu 111111111111,1,1111111 II II ° m uIIVI ull 111111 1111 IIIIIII III poolv III °I 0mllluuulhl,!ggplilp11 �lllllll,�001 II luml N II k°° � NVNIVp,1VIWIV�IV VIII lil,„"""���°I'' ol� 'W�P 111111^' ^I IIY'III�NI�V�IWIIIIIIIIIIIuuu U'° "f �1 ` �lllllllllllllllll 111111111111000DIM 0000000000000000 moo oo 000mol II II I � p II W !IIIIIIIII IIII III IpIIIIIIIIIIIIuIII 1V 4»wnw 111 �yY111 III ryy iIIli11IIIII N 'VIII r INNI Ipp�� I�Illwll NNNIV�IIIIIIIIIIIou 1„ 1ti�ah !I1. 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Our mission is to be a one -stop shop for vehicle owners, combining expert mechanical repairs and minor bodywork services. We aim to offer reliable, efficient, and affordable services that keep vehicles running smoothly and looking great. Services Offered 1. Mechanical Repairs and Maintenance: o Routine maintenance (oil changes, tire rotations, fluid checks) o Engine diagnostics and repair o Transmission services o Brake system repair o Suspension and alignment services o Detailing services 2. Minor Body Repair: o Scratch and dent removal o Bumper repairs o Paint touch-ups o Headlight restoration o Small panel replacements By offering mechanical and cosmetic repair services, we address the common needs of vehicle owners under one roof, saving our customers time and effort. Facility and Equipment Our shop is equipped with state-of-the-art tools and diagnostic equipment to handle mechanical repairs and minor bodywork. We maintain a clean and organized workspace, ensuring safety and professionalism in every aspect of our operations. The facility includes designated areas for mechanical repairs and bodywork. 16 Target Market We serve: • Individual car owners looking for reliable repairs and touch-ups. • Small businesses with fleet vehicles needing consistent maintenance and minor repairs • Insurance companies seeking affordable solutions for minor collision repairs Core Values 1. Quality Workmanship: Every repair, whether mechanical or cosmetic, meets the highest standards of quality and durability. 2. Customer Satisfaction: We prioritize open communication, transparency, and a customer -first approach. 3. Efficiency: Quick turnaround times without compromising on quality. 4. Integrity: Honest assessments and fair pricing are the cornerstones of our business. Sustainability Practices We are committed to environmentally friendly practices, including proper disposal of hazardous materials, recycling used parts, and using eco-friendly paints and materials for body repairs. Growth and Vision As our business grows, we aim to expand our services to include: • Vehicle detailing packages • Advanced collision repair services • Custom paint jobs • Partnerships with local dealerships and businesses • By consistently delivering value and maintaining a reputation for excellence, our shop will continue to thrive as a trusted name in the automotive repair and sales industry. 17 ILmumu > I Q5 Y.) _c c a) -O t1D f- sC L L O cB ▪ E Service Bay 1 Office/reception Storage/Mechanicals Q.) 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The property is located on the southwest corner of Prairie Street South and First Avenue East. The Engineering department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. Connection to sanitary sewer must meet all requirements for the proposed use. This may require updates to the existing sanitary sewer floor drain to include an oil separator and/or other appurtenances. Recommendation The Engineering department recommends approval of the CUP application subject to the items above being attached as conditions of the approval. H: Development 936 1st Avenue (USE) _Project Management\Letters and Memos Staff Review CI (HLG Autos) 04 30 25.docx 21 Shakopee Fire Auto Repair Approve with Changes/Conditions Listed and as noted The inflatable paint booth would not be an allowed option. The Fire Code is specific that paint booths must be constructed of non-combustible materials and are required to have approved automatic fire -extinguished systems. Following are conditions beyond the paint booth: 1. Applicant shall obtain a hazardous material generator license from Scott County if vehicle service and repairs include the removal, installation, or use of hazardous materials, including but not limited to oils, greases, anti -freeze, and automotive batteries. 2. The applicant shall provide to the City of Shakopee Building Department and to the Shakopee Fire Department information including a list of hazardous materials and quantities to be used and stored at the location; details of approved oil separators or traps on all floor drains; location of all sources of ignition in the proposed tenant space and details on what types of vehicles are to be serviced and repaired (gas, gas/ethanol, diesel, compressed natural gas, liquefied natural gas, hydrogen, propane, hybrid or electric). 3. Applicant shall comply with Minnesota State Fire Code Section 2311 regulating repair garages. This section requires all ignition sources to be a minimum of 18" above the floor. 4. Applicant shall comply with Minnesota State Fire Code Chapter 24regulating Flammable Finishes when spray finishing or painting operations are present. This shall include the installation of a spray booth where required. Such spray booths, spray rooms, or spray spaces shall comply with recognized national standards. 5. Applicant shall comply with the Minnesota State Fire Code Chapter 34 Section 3409 for storage of tires. 6. Applicant shall comply with Minnesota State Fire Code Chapter 35 regulating Welding and Other Hot Work. 7. Applicant shall maintain all used vehicle parts storage in a neat and orderly manner. 8. Applicant shall maintain exterior storage in a manner consistent with locally adopted rules and regulations. 22 RESOLUTION PC2025-002 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLE SERVICE AND REPAIR AT 936 FIRST AVENUE EAST WHEREAS, Clay Monsrud, applicant, and Affinity Plumbing LLC, property owner, have made application for a Conditional Use Permit (CUP) to allow for a vehicle service and repair facility on property located at 936 First Avenue East; and WHEREAS, the property which the request is being made is legally described as: Lots 6 and 7, Block 15, East Shakopee, Scott County, MN; and WHEREAS, all required public notices regarding the public hearing for the application were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review this application on May 8, 2025, and adopted the following findings: Criteria #1 The City has not received any evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the use complies with the conditions of the resolution. Finding #1 The applicant is proposing to operate a vehicle repair /service business. Neighborhood meetings were held regarding the proposed use of the property. Criteria #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Finding #2 Conditions are put in place to require that the use follow City Code and not have impacts on surrounding properties. 23 Criteria #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution. Finding #3 This site is served by both city sewer and water and other private utilities. Access to the site is from existing driveways that can support the anticipated number of vehicle trips. The applicant will be required to provide adequate facilities for protection of the sanitary sewer system and make the necessary changes to the building to meet the current Building and /or Fire Code. Criteria #4 The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone. Finding #1 Vehicle service and repair is a listed conditional use in the B-1, Highway Business Zone. Criteria #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Commercial Center). Finding #5 Vehicle service and repair is an allowed use by the comprehensive plan in the Mixed -Use Commercial Corridor designation. NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that the requested CUP is hereby approved, subject to the following conditions: 1. The applicant must comply with the Engineering Dept. Memo dated April 30, 2025. 2. The applicant must receive a Hazardous Waste Generator License from Scott County Environmental Services prior to operation of the business, contact Joan Anderson at Scott County Environmental Services for details. 3. All service or repair work on vehicles must take place inside the building. 4. The applicant must receive a Change of Occupancy Permit from the Building Department and make the required modifications to the buildings prior to operation. 5. Trash handling must either take place inside the building, or be contained in a trash enclosure that meets City Code requirements, including a roof. 6. Unlicensed or inoperable vehicles must not be stored outside of buildings on the site. 7. The operation must not have a public address system or exterior speakers. 8. If bodywork and painting is performed on the site, installation of a paint booth and the necessary and appropriate permits is required from the Building Department and Fire Department. 9. Exterior storage of new or used vehicle parts, or storage tanks is not permitted. 10. Hours of operation must not be outside the hours of 8:00 a.m. to 7:00 p.m. 11. Vehicle sales is not permitted as part of this request. 12. Use of the site / circulation must be consistent with the proposed site plan, with the exception of only four parking spaces being allowed east of the southern building on the site due to space constraints. Impervious surface on the site must not exceed 75%. 24 13. All vehicles associated with this business and customers must be parked on this site, not on streets or the parking lots of adjacent properties. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 8th day of May, 2025. Chairperson, Board of Adjustment and Appeals ATTEST: Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 25