Loading...
HomeMy WebLinkAboutJuly 10, 2025 - BOAA PacketPliall SHAKOPE E Shakopee Board of Adjustment and Appeals Regular Meeting Thursday, July 10, 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 Approval of the Board of Adjustment and Appeals meeting minutes from June 5, 2025. 5. General Business 5.a Revocation of Conditional Use Permit for Vehicle Service and Repair 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- 9300 as soon as possible. Thank you! 1 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals July 10, 2025 Approval of the Board of Adjustment and Appeals meeting minutes from June 5, 2025. Mark Noble, Senior Planner Michael Kerski, Director of Planning and Development 4.a Action to be considered: Approve the meeting minutes from June 5, 2025. Motion Type: Simple Majority Background: Approve the meeting minutes from June 5, 2025. Recommendation: Approve the requested action. Budget Impact: N.A. Attachments: DRAFT BOAA Minutes June 5 2025.docx 2 Board of Adjustment and Appeals Meeting City of Shakopee Thursday, June 5, 2025 7:00 PM City Hall, 485 Gorman Street 1. Roll Call Present: Commissioners Sepulvado (Chair), Forsythe, Ranua, Reding, Robbins, and Weiler Absent: Sandhu Staff Present: Noble, Schwabe Meeting started at 7:00 PM 2. Approval of Agenda: Motion by Forsythe and seconded by Robbins. Approved unanimously (6-0). 3. Recognition by Board of Adjustment of interested Citizens: None 4. Consent Agenda: 4.a May 8, 2025 minutes: Motion by Ranua and seconded by Robbins. Approved unanimously (6-0). 5. Other Business: None 6. Adjournment: Motion to adjourn to July 10, 2025 at 7:00 PM made by Commissioner Robbins and seconded by Commissioner Ranua. Passed unanimously (6-0). Meeting ended at 7:02 PM. 3 PI°ILA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals July 10, 2025 5.a Revocation of Conditional Use Permit for Vehicle Service and Repair at 936 First Avenue East Kyle Sobota, Senior Planner Michael Kerski Action to be considered: Adopt Resolution PC2025-003, a resolution that rescinds Resolution PC2025-002. Motion Type: Simple Majority Background: On May 8th, 2025, the Board of Adjustment and Appeals reviewed and approved a conditional use permit for vehicle service and repair at 936 First Avenue East. The applicant, Clay Monsrud, was in the process of marketing the property when the Board approved the conditional use permit. The property has been sold recently and a business, Pepe Multiservicios, will be operating on the site. Pepe Multiservicios is a business that specializes in shipping packages for retail customers to Mexico, Central, and South America. This type of business is a permitted use in the B-1, Highway Business zone. As this site will be occupied solely by another business that is a permitted use, staff is requesting that the Board revoke the conditional use permit for vehicle service and repair; since the approved plan, parking areas and buildings would not allow for shared use by two businesses. During the conditional use permit review City staff notified the applicant that the conditional use permit would be revoked if the property were to be sold or occupied by a business that is not involved in vehicle service or repair. The new owner will not operate a vehicle service and repair operation. Recommendation: Adopt Resolution PC2025-003, as presented. 4 Budget Impact: N/A Attachments: LocationMap.pdf Resolution PC2025-002.pdf Resolution_PC2025_003.docx 5 CERTIFICATION I, Heidi Emerson, Deputy City Clerk, City of Shakopee, do hereby certify that the above Resolution No. PC2025-002 is an accurate copy of the Resolution adopted by the City Council of the City of Shakopee at an authorized meeting held on the 15th day of May, 2025, as shown by the minutes of the meeting in my possession. SEAL ( Heidi Emerson, Deputy City Clerk Receipt:# 754845 RES $46.00 Return to: G-SHAKOPEE CITY 485 GORMAN STREET SHAKOPEE MN 55379 A1206364 Office of the County Recorder Scott County, Minnesota Julie IC Hanson, County Recorder 7 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 of impairpropefty 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. 8 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 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. 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. The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone. Vehicle service and repair is a listed conditional use in the B-1, Highway Business Zone. The use is not in conflict with the Comprehensive Plan (Mixed Use Commercial Center). 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 handlmg 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%. 9 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. ATTEST: Michael Kers Director of Planning ai(d Development Chair Board o Adjustment and Appeals PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 10 RESOLUTION PC2025-003 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING RESOLUTION PC2025-002, A CONDITIONAL USE PERMIT FOR VEHICLE SERVICE AND REPAIR AT 936 FIRST AVENUE EAST WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and approved a Conditional Use Permit for Vehicle Service and repair at this property 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. 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. 11 Finding #4 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. WHEREAS, this property has been sold and will not be used for the operation of a vehicle service and repair operation; and WHEREAS, the property and associated buildings cannot support the operation of two different businesses; and NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that resolution PC2025-002 which allowed vehicle service and repair is hereby rescinded. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 10th day of July, 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 12