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.
ATTEST:
Michael Kerski,
Director of Planning and Development
Chairperson,
Board of Adjustment and Appeals
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
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` 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
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May 5, 2025
936 First Avenue East
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HLG Autos
Open M -F 8pm-4pm
Projected number of employees 4-6
Auto Mechanic and Minor Body Repair
Overview
Our auto mechanic and minor body repair shop is dedicated to providing high -quality automotive
repair and maintenance for our customers. 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
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City of Shakopee
Memorandum
TO: Kyle Sobota, Senior Planner
FROM: Darin Manning, Project Engineer
SUBJECT: Conditional Use Permit (936 First Avenue) — HLG Auto Repair
PID #: 27-004101-0
CASE #: USE -000269-2025
DATE: April 30, 2025
The staff review indicates a request to review a Conditional Use Permit (CUP) to accommodate
an auto repair business. 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