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HomeMy WebLinkAboutFebruary 04, 2026 - BOAA PacketPliaill SHAKOPE E Shakopee Board of Adjustment and Appeals Regular Meeting Thursday, February 5, 2026 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 BOAA Minutes for January 8, 2026 5. General Business 5.a PUBLIC HEARING: Conditional Use Permit request for an overheight fence in the front yard at 5005 Dean Lakes Blvd 5.b Revocation of Conditional Use Permit for exterior storage of vehicles at 1515 Maras St. 5.c Review of Conditional Use Permit PC2024-005, Exterior Storage at 1555 Maras Street 5.d Review of Conditional Use Permit PC2023-006, Vehicle Repair at 8610 Hansen Ave 1 5.e PUBLIC HEARING - Conditional Use Permit for Exterior Storage at 1555 Maras Street 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! 2 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 BOAA Minutes for January 8, 2026 Rick Parsons 4.a Action to be considered: Approve the January 8, 2026, BOAA minutes. Motion Type: Simple Majority Background: The January 8, 2026, BOAA minutes are ready for review and approval. Recommendation: Approve the January 8, 2026, BOAA minutes. Budget Impact: N/A Attachments: BOAA Minutes - January 8, 2026 3 City of Shakopee Board of Adjustment and Appeals Regular Meeting Minutes Date: Thursday, January 8, 2026 Time: 7:00 p.m. Location: City Hall, 485 Gorman Street, Shakopee, MN 1. Call to Order Chair Sepulvado called the meeting to order at 7:01 p.m. 2. Roll Call Members Present: • Chair Sepulvado • Commissioner Forsythe • Commissioner Weiler • Commissioner Sandhu • Commissioner Ranua • Commissioner Robbins Members Absent: • Commissioner Reding Staff Present: • Michael Kerski, Director of Planning and Development 3. Approval of Agenda Motion by Commissioner Robbins, second by Commissioner Sandhu, to approve the agenda as presented. Vote: Motion carried unanimously (voice vote). 4 4. Recognition of Interested Citizens No individuals came forward to speak. 5. Consent Agenda 5.a Approval of Board of Adjustment and Appeals Meeting Minutes • November 6, 2025 • December 4, 2025 Motion by Commissioner Robbins, second by Commissioner Weiler, to approve the consent agenda as presented. Vote: Motion carried unanimously (voice vote). 6. General Business 6.a Public Hearing — Conditional Use Permit for Vehicle Repair 7480 County Highway 101 East — Marsh Auto Reconditioning Motion by Commissioner Forsythe, second by Commissioner Ranua, to open the public hearing. Vote: Motion carried unanimously (voice vote). Staff presented the request for a Conditional Use Permit to allow vehicle repair within the I-2 (Heavy Industry) zoning district. The proposed tenant will only be doing minor repair and vehicle detailing. Has had another business and will start this one with just one employee, himself. He will be doing some minor touch up painting but nothing that requires a booth, Motion by Commissioner Robbins, second by Commissioner Ranua, to close the public hearing. Vote: Motion carried unanimously (voice vote). Action: Motion by Commissioner Forsythe, second by Commissioner Ranua, to adopt Resolution PC2026-002, approving a Conditional Use Permit for vehicle repair at 7480 County Highway 101 East, subject to conditions. 5 Roll Call Vote: • Forsythe — Aye • Weiler — Aye • Sandhu — Aye • Ranua — Aye • Robbins — Aye • Sepulvado — Aye Result: Motion passed unanimously. 6.b Public Hearing — Conditional Use Permit for Exterior Storage 1555 Maras Street Motion by Commissioner Forsythe, second by Commissioner Robbins, to open the public hearing. Vote: Motion carried unanimously (voice vote). Staff presented the request for a Conditional Use Permit to allow exterior storage for multiple tenants at the site. Motion by Commissioner Robbins, second by Commissioner Sandhu, to continue the Public Hearing until the February 5, 2026, meeting. Vote: Motion carried unanimously. Roll Call Vote: • Forsythe — Aye • Weiler — Aye • Sandhu — Aye • Ranua — Aye • Robbins — Aye • Sepulvado — Aye Result: Motion passed unanimously. 7. Other Business No other business was discussed. 6 8. Adjournment Motion by Commissioner Robbins, second by Commissioner Sandhu, to adjourn the meeting. Vote: Motion carried unanimously (voice vote) to February 5, 2026/ The meeting adjourned at 7:16 p.m. 7 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 PUBLIC HEARING: Conditional Use Permit request for an overheight fence in the front yard at 5005 Dean Lakes Blvd Amanda Schwabe, Planner Michael Kerski 5.a Action to be considered: Approve Resolution PC2026-004 to allow an eight -foot fence in the front yard at 5005 Dean Lakes Blvd. Motion Type: Simple Majority Background: Michael Johanek, of GN ReSound (applicant), on behalf of Broadstone SF Minnesota, LLC (property owner), is requesting the Board of Adjustment and Appeals approve a Conditional Use Permit (CUP) to allow a fence greater than three feet in height in the front yard at 5005 Dean Lakes Blvd. GN ReSound is a global leader in intelligent hearing, audio, video and gaming solutions who moved their North American headquarters to this location last year. The subject property is 22.77 acres in size and is improved with a two- story building and at -grade parking lot in the Business Park (BP) zoning district. The request is to install an eight -foot black, ornamental fence from the east side of the southwest corner of the building to the southeast corner of the building to control access to the shipping and receiving area. The proposed fence will have a gate on the west side (ingress and egress access) and south side (egress only). The Fire Department and Shakopee Public Utilities are requiring access to the enclosed area via a keybox. City Code Section 111.02 allows fencing eight feet or greater in height in commercial and industrial areas with a Conditional Use Permit. 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; 8 Finding #1 The applicant is proposing to install a fence to enclose the shipping and receiving area of the operation for security purposes. The proposed fence will be black, ornamental steel and should not be injurious to the use and enjoyment of other properties in the immediate vicinity nor diminish or impair property values. 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 Conditions are put in place to requiring the use follow City Code and not have impacts on surrounding properties. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided. Finding #3 The site is served by city sewer and storm sewer as well as water and electric from Shakopee Public Utilities. The easterly driveway will be converted to exit only to reduce potential for stacking on the city street. 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 Fences are an accessory use in the Business Park (BP) zoning district. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #5 The use is not in conflict with the Comprehensive Plan (Mixed -Use Center designation). Recommendation: Approve Resolution PC2026-004. Budget Impact: None Attachments: Resolution PC2026-004 Narrative Site Plan Engineering Memo 9 RESOLUTION PC2026-004 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OVERHEIGHT FENCE IN THE FRONT YARD IN THE BUSINESS PARK (BP) ZONE AT 5005 DEAN LAKES BOULEVARD WHEREAS, Michael Johanek, of GN ReSound, applicant, and Broadstone SF Minnesota LLC, property owner, is requesting a Conditional Use Permit (CUP) to allow for an eight -foot -tall fence in the front yard on property located at 5005 Dean Lakes Boulevard; and WHEREAS, the property which the request is being made is legally described as: Lot 1, Block 1 Dean Lakes 10th Addition, Scott County, Minnesota; and WHEREAS, City Code Section 111.02 D. requires a Conditional Use Permit for fences in commercial and industrial areas which are eight feet in height or greater; 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 February 5, 2026, and adopted the following findings: Criteria #1 Finding #1 Criteria #2 Finding #2 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. The applicant is proposing to install a fence to enclose the shipping and receiving area of the operation for security purposes. The proposed fence will be black, ornamental steel and should not be injurious to the use and enjoyment of other property in the immediate vicinity nor diminish or impair property values. The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Conditions are put in place to require that the use follow City Code and not have impacts on surrounding properties. 10 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 city sewer and storm sewer as well as water and electric from Shakopee Public Utilities. The easterly driveway will be converted to exit only to reduce the potential for stacking on the city street. The use of the subject property is consistent with the purposes of the Business Park (BP) Zone. Fences are allowed as an accessory use in the Business Park (BP) zoning district. The use is not in conflict with the Comprehensive Plan. Fences are an allowed accessory use in the Mixed -Use Center 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. A building permit for the fence shall be obtained prior to installation. 2. The fence shall be located between the existing landscaping and the curb, outside of drainage and utility easements. If landscaping is proposed to be removed to accommodate fence placement, an updated landscaping plan shall be submitted for review and approval prior to installation. 3. The easterly driveway shall be designated and signed as "Exit Only". 4. The applicant shall comply with the Engineering Dept. memo dated January 22, 2026. 5. Fire Department keybox required at gate(s). If gate is powered, keybox must be tied to the gate controller. 6. Per Shakopee Public Utilities (SPU), the fence shall be 10 feet from water line and 5 feet from underground electric lines. SPU must have access to keybox to open fence to perform maintenance on the electric transformer within the fenced area. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 5th day of February, 2026. 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 11 Decorative Fence Project at 5005 Dean Lakes Blvd Narrative: Decorative Fence Project - GN Company, 5005 Dean Lakes Blvd The proposed decorative fence installation at 5005 Dean Lakes Blvd is designed to enhance the overall appearance and functionality of the GN Company property while maintaining harmony with surrounding land uses. The fence will serve both aesthetic and practical purposes, defining the property boundary and improving on -site safety without detracting from neighboring properties or disrupting the area's character. Compatibility with Surrounding Properties The installation of the decorative fence will not be injurious to the use or enjoyment of other properties in the immediate vicinity. The design incorporates high -quality, visually appealing materials that complement the business park's existing architectural and landscaping features. The fence will create a cohesive visual boundary while ensuring that sightlines, noise levels, and access to adjacent parcels remain unaffected. As a result, the addition will not diminish property values but is expected to support and potentially enhance them through visual consistency and improved property maintenance. Impact on Future Development The proposed fence will not impede the regular or orderly development of the surrounding vacant land. The design and placement are confined within GN Company's property boundaries, respecting all setback requirements and maintaining accessibility for future growth in the area. The project supports the ongoing development of the Dean Lakes commercial corridor by contributing to its professional, well - maintained visual standards. Infrastructure and Facilities Adequate utilities, access roads, drainage, and other necessary facilities are already in place to support this project The fence will not interfere with existing utility easements or stormwater management systems. Installation will adhere to all city engineering and zoning requirements, ensuring site integrity and continued safe access for both vehicles and pedestrians. Consistency with Zoning Purpose The proposed use is consistent with the intended purposes of the property's zoning designation. Decorative and security fencing is a customary accessory use in the district, supporting property safety, 12 orderly appearance, and boundary definition. The project aligns with zoning objectives by reinforcing the site's professional image while maintaining a well -planned and compliant physical layout. Alignment with Comprehensive Plan This project is not in conflict with the city's comprehensive plan. The plan emphasizes aesthetic enhancement, safety, and high -quality development along commercial corridors such as Dean Lakes Blvd. The decorative fence promotes these goals by enhancing visual appeal, reinforcing property boundaries, and upholding the area's professional standards. 13 }F3 8' Height Fence Location Z?, 08V/13717OG HSIN7ryg SITE DATA 0 z W O J wine.. anon.r..e.,, .....gym Ca J O • 73 CD N c u_ w N 0 O 0 L Welded Commercial Ornamental Steel Fence 8' Black Ornamental Steel Fence City of Shakopee Memorandum TO: Amanda Schwabe, Planner FROM: Darin Manning, Project Engineer SUBJECT: Conditional Use Permit (5005 Dean Lakes Boulevard) — GN PID #: 27-432001-0 CASE #: USE -000342-2025 DATE: January 22, 2026 The staff review includes a request to consider a Conditional Use Permit (CUP) for an eight - foot -tall decorative steel fence. The site is located east of CSAH 83 (Canterbury Road South), north of Eagle Creek Boulevard, and along the north side of Deans Lakes Boulevard. The Engineering Department has completed its review and provides the following comments for the applicant and the Planning Department: 1. The proposed fence shall not encroach into the existing drainage and utility easement. 2. The easterly driveway shall be designated and maintained as exit only. 3. Prior to fence installation, the applicant shall obtain a fence permit. Recommendation The Engineering Department recommends approval of the CUP application, subject to the conditions noted above being included as conditions of approval. H:ABOAA-PCA2026AFebruary 5\USE-000342-2025 5005 Dean Lakes Blvd (Overheight Fence)AEnginrering Memo CUP (GN) 01 26 26.docx 16 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 5.b Revocation of Conditional Use Permit for exterior storage of vehicles at 1515 Maras St. Amanda Schwabe, Planner Michael Kerski Action to be considered: Approve Resolution PC2026-005 revoking the Conditional Use Permit for exterior storage of vehicles at 1515 Maras St. Motion Type: Simple Majority Background: Resolution PC2025-006 was approved November 6, 2025 with nine conditions to allow exterior storage of vehicles on property owned by Eugene Hanson DBA Maras Street, LLC at 1515 Maras St. The vehicles are associated with PRS Towing and Transportation, LLC which leases office space at the site for dispatching tow trucks and administrative functions related to towing and recovery services. Since approval of the Conditional Use Permit (CUP), Aaron Judish (applicant) is not in compliance with multiple conditions of approval as outlined below and therefore is in violation of the CUP. Condition #1: The total exterior storage area shall not exceed 20,000 sq. ft. Status: Exterior storage area exceeds this amount as the fence has not be relocated. Condition #2: A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside the fenced area. No storage outside of the fenced area permitted. Status: During site inspection on 1/29/2026, staff viewed approximately 50+ vehicles inside the fenced area. Condition #3: Fencing shall be moved a minimum of 20' from the west property line per Engineering Memo dated October 9, 2025 and shall comply with City Code Section 111.02. Status: During site inspections on 1/29/2026, staff confirmed the fence has not been relocated. No permit has been submitted to date to relocate the fence. 17 Condition #4: An escrow totaling 150% of the cost of two deciduous trees (minimum 2.5 caliper inches) shall be submitted to the city along with a two year warranty from the installer of the plantings on or before December 15, 2025. Status: No escrow or warranty has been submitted to date. Condition #5: The business shall obtain and maintain all required local and state licenses. Status: Per the City Clerk, as of this writing, no application has been submitted for a towing license as required by City Code Chapter 119. Condition #7: No scrap, tires, car hulks, etc. allowed to be stored. Status: Car hulks were observed in the storage area during site inspection on 1/29/26. City Code Section 151.011 J. allows the Board of Adjustment and Appeals to revoke a permit upon violation of any condition of the permit, requirement of City Code Chapter 151, or violation of state or federal law or regulation. The property owner is aware of the violation and the city's recommendation to revoke the CUP. Recommendation: Approve Resolution PC2026-005 revoking a Conditional Use Permit for exterior storage of vehicles at 1515 Maras St. Budget Impact: None Attachments: Resolution PC2026-005 Site Inspection Photos Executed Resolution PC2025-006 18 RESOLUTION PC2026-005 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING RESOLUTION PC2025-006, A CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE OF VEHICLES AT 1515 MARAS STREET WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and approved a request from Aaron Judish, co-owner of PRS Towing and Transportation, LLC (applicant) for a Conditional Use Permit for Exterior Storage of Vehicles on property owned by Maras Street LLC at 1515 Maras Street on November 6, 2025, and adopted the following findings: Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 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; and With the proper local and state licensing, an active status with the Office of the MN Secretary of State, and limitations on the number of stored vehicles, the use should not be injurious to the use and enjoyment of other property in the immediate vicinity, nor should 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; and The conditional use permit should not impede future development and improvement in the area. The non -conforming fence will be moved a minimum of 20 feet from the west property line to remain out of the sight triangle and allow for the planting of 2 screening trees which will be an improvement to the area. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; and The board finds that adequate utilities, access, drainage and other necessary facilities exist at the site. The applicant is not requesting additional services. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and The use of the subject property is consistent with the purposes of the Light Industry (I-1) zoning district which allows exterior storage as a conditional use. 19 Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of approval: 1. The total exterior storage area shall not exceed 20,000 sq. ft. 2. A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside the fenced area. No storage outside of the fenced area permitted. 3. Fencing shall be moved a minimum of 20' from the west property line per Engineering Memo dated October 9, 2025, and shall comply with City Code Section 111.02. 4. Two deciduous trees a minimum of 2.5 caliper inches in size of an approved species, shall be planted on the property adjacent to the fence along Maras Street by June 1, 2026. Per City Code Section 151.112 N. an escrow totaling 150% of the cost of the trees shall be submitted to the city along with a 2 -year warranty from the installer of the plantings on or before December 15, 2025. 5. The business shall obtain and maintain all required local and state licenses and remain active with the Office of the MN Secretary of State. Failure to do so will result in revocation of the CUP. 6. The business shall submit proof of insurance annually. 7. No scrap, tires, car hulks, etc. allowed to be stored. 8. Auto repair and service is not permitted as part of this conditional use permit. 9. Self -Storage of vehicles is not permitted as part of this conditional use permit. WHEREAS, the applicant has not satisfied multiple conditions (specifically 1, 2, 3, 4, 5 & 7); and WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to review and revoke a permit upon violation of any condition of the permit; and NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that resolution PC2025-006 which allowed exterior storage of vehicles at1515 Maras Street is hereby rescinded. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 5th day of February, 2026. Chairperson, ATTEST: Board of Adjustment and Appeals Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 20 EXHIBIT A That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat thereof, said point being on the east line of said West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence West parallel with the south line of said Lot 4 for a distance of 283.87 feet; thence North 0 degrees 18 minutes 26 seconds West 767.25 feet to said south line of Lot 4; thence East along said south line of Lot 4 for a distance of 283.82 feet to the actual point of beginning. Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same being the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof. AND That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat thereof, said point being on the east line of said West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of the West half of the East six -sevenths of the East half of the Southeast Quarter said line being also the west line of Registered Land Survey No. 24 for a distance of 767.25 feet to the actual point of beginning of the tract to be described; thence continuing South 0 degrees 18 minutes 40 seconds East along said east line of the West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of 449.09 feet to the Southeast corner of said West half of the East six -sevenths of the East half of the Southeast Quarter, said corner being also the Southwest corner of Registered Land Survey No. 24; thence North 89 degrees 58 minutes 54 seconds West along the South line of said West half of the East six -sevenths of the East half of the Southeast Quarter 283.905 feet; thence North 0 degrees 18 minutes 26 seconds West 449.00 feet; thence East parallel with the South line of said Lot 4, 283.87 feet to the actual point of beginning. AND That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following described line: Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north, Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast corner of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the West line of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233 feet South of the Northwest corner thereof. 21 RESOLUTION PC2025-006 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXTERIOR STORAGE OF VEHICLES AT 1515 MARAS ST WHEREAS, Aaron Judish, applicant and co-owner of PRS Towing and Transportation, LLC, has made an application for a Conditional Use Permit (CUP) to allow exterior storage of vehicles in a fenced area approximately 20,000 sq. ft. in size at 1515 Maras Street per City Code Section 151.007 K; and WHEREAS, the property upon which the request is being made is legally described in Exhibit A; 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 November 6, 2025, and adopted the following findings: 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 With the proper local and state licensing, an active status with the Office of the MN Secretary of State, and limitations on the number of stored vehicles, the use should not be injurious to the use and enjoyment of other property in the immediate vicinity, nor should it substantially diminish or impair property values in the area. Criteria #2 Finding #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; The conditional use permit should not impede future development and improvement in the area. The non -conforming fence will be moved a minimum of 20 feet from the west property line to remain out of the sight triangle and allow for the planting of 2 screening trees which will be an improvement to the area. 23 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 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 facilities exist at the site. The applicant is not requesting additional services. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and The use of the subject property is consistent with the purposes of the Light Industry (I-1) which allows exterior storage as a conditional use. The use is not in conflict with the Comprehensive Plan. The uses are not in conflict with the Comprehensive Plan (Mixed Use Employment Center). 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 exterior storage area shall not exceed 20,000 sq. ft. 2. A maximum of 30 vehicles (cars, trucks, semi -trucks, boats) shall be stored inside the fenced area. No storage outside of the fenced area permitted. 3. Fencing shall be moved a minimum of 20' from the west property line per Engineering Memo dated October 9, 2025, and shall comply with City Code Section 111.02. 4. Two deciduous trees a minimum of 2.5 caliper inches in size of an approved species, shall be planted on the property adjacent to the fence along Maras Street by June 1, 2026. Per City Code Section 151.112 N. an escrow totaling 150% of the cost of the trees shall be submitted to the city along with a 2 -year warranty from the installer of the plantings on or before December 15, 2025. 5. The business shall obtain and maintain all required local and state licenses and remain active with the Office of the MN Secretary of State. Failure to do so will result in revocation of the CUP. 6. The business shall submit proof of insurance annually. 7. No scrap, tires, car hulks, etc. allowed to be stored. 8. Auto repair and service is not permitted as part of this conditional use permit. 9. Self -Storage of vehicles is not permitted as part of this conditional use permit. Adopted in regular session of the Board of Adjustment : nd Appeals of the City of Shakopee, Minnesota, held on the 6th day of November 2025 ATTEST: Michael Kers 1, Director of Planning an a Development Chair ''• ' i n, Board of Adjustment and Appeals PREPARED BY: City of Shakopee 485 Gorman St Shakopee, MN 55379 24 EXHIBIT A That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of Section 12, Township 115 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat thereof, said point being on the east line of said West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of West half of the East six -sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of 767.25 feet; thence West parallel with the south line of said Lot 4 for a distance of 283.87 feet; thence North 0 degrees 18 minutes 26 seconds West 767.25 feet to said south line of Lot 4; thence East along said south line of Lot 4 for a distance of 283.82 feet to the actual point of beginning. Except the North 191.85 feet (as measured perpendicular to the north line thereof, the same being the south line of Lot 4, Maras Addition, Scott County, Minnesota) thereof. AND That part of the West half of the East six -sevenths of the East half of the Southeast Quarter of Section 12, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of Lot 4, Block 1, Maras Addition, according to the recorded plat thereof, said point being on the east line of said West half of the East six - sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24; thence on an assumed bearing of South 0 degrees 18 minutes 40 seconds East along said east line of the West half of the East six -sevenths of the East half of the Southeast Quarter said line being also the west line of Registered Land Survey No. 24 for a distance of 767.25 feet to the actual point of beginning of the tract to be described; thence continuing South 0 degrees 18 minutes 40 seconds East along said east line of the West half of the East six - sevenths of the East half of the Southeast Quarter, said line being also the west line of Registered Land Survey No. 24 for a distance of 449.09 feet to the Southeast corner of said West half of the East six -sevenths of the East half of the Southeast Quarter, said corner being also the Southwest corner of Registered Land Survey No. 24; thence North 89 degrees 58 minutes 54 seconds West along the South line of said West half of the East six -sevenths of the East half of the Southeast Quarter 283.905 feet; thence North 0 degrees 18 minutes 26 seconds West 449.00 feet; thence East parallel with the South line of said Lot 4, 283.87 feet to the actual point of beginning. AND That portion of Tract R, Registered Land Survey No. 24, files of the Registrar of Titles, Scott County, Minnesota, lying Southerly of a line 50 feet North and parallel to the following described line: Beginning at a point on the East line of the Southeast Quarter, Section 12, Township 115 north, Range 22 West, Scott County, Minnesota, Said Point 1,493 feet Southerly of the Northeast corner of said Southeast Quarter; thence Northwesterly on a direct line to a point of exit on the West line of said East 3/7 of the East Half of the Southeast Quarter, said point of exit being 1,233 feet South of the Northwest corner thereof. 25 — Leased Area Non Conforming Fence SI~iAKOPEE o 20' Restoration Area October 28, 2025 (Grass & 2 Trees) 1515 Maras St 0 57.5 175 350 26 PI°ILA' SHAKOPE E Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 5.c Review of Conditional Use Permit PC2024-005, Exterior Storage at 1555 Maras Street Kyle Sobota, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Adopt Resolution PC2026-007, a resolution rescinding Conditional Use Permit PC2024- 005. Motion Type: Simple Majority Background: Site Information: Property Address: 1555 Maras Street Property Owner: Maras Street LLC / Eugene Hansen Current Zoning: I-1, Light Industry 2040 Comp. Plan: Mixed Use Employment Center In the Fall of 2025 staff received complaints about the use of the storage area at 1555 Maras Street. Staff communicated concerns to the property owner and the property owner applied for a conditional use permit to specify the different storage uses on the site related to individual tenants. Prior to the January Board of Adjustment Meeting, planning staff visited the site and found violations of Conditional Use Permit PC2024-005, specifically relating to: • Several unlicensed / inoperable vehicles stored on site, which violates condition #3. • A semi -truck stored on -site, not affiliated with a tenant of the 1555 building, which violates condition #1. • An overflowing dumpster not in a trash enclosure. Trash enclosures are required by City Code. Staff spoke with a representative of the property owner who happened to be at the site on January 8th and informed him of the issues. After the site visit, staff spoke with Mr. Hansen, property owner, via telephone to also inform him of the issues on January 8th. Staff informed Mr. Hansen that the conditional use permit request would not be going 27 forward at the January 8th Board meeting, and if the violations were not corrected during the month of January, the Board would be reviewing the existing conditional use permit at the February meeting for potential revocation. Staff spoke with the property owner on January 26th and the applicant informed staff that the site should be in compliance and that he would be out of the country for the February 5th Board meeting. Staff let the applicant know that he should have a representative in attendance at the meeting. On January 29th, staff visited the site to check the status of the compliance issues and again found several of the same unlicensed and inoperable vehicles from January 8th, along with the same dumpster outside of an enclosure, and what appeared to be a large amount of transmission fluid spilled in snow that had not been cleaned up. Photographs from January 8th and January 29th are attached for the Board's reference. Staff sent the photographs of the site to both the property owner and his attorney on January 29th and have not received a response as of Monday Morning, February 2nd. Due to continued non-compliance with conditions of approval, staff recommends that the Board rescind the resolution PC2024-005. Recommendation: Adopt the resolution, as presented. Budget Impact: N/A Attachments: Location Map Resolution PC2024-005 January 8th Photos January 29th Photos Resolution PC2026-007 Legal Description for Resolution PC2026-007 28 RESOLUTION PC2024-005 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXTERIOR STORAGE AT 1555 MARAS STREET WHEREAS, John Mesenbrink, applicant, and Maras Street LLC, property owner, have made application for a Conditional Use Permit (CUP) to allow for exterior storage on property located at 1555 Maras Street; and WHEREAS, the property upon which the request is being made is legally described as: Lot 1, Block 1, Maras Street First Addition, 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 9, 2024, and adopted the following findings: Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 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. The applicant is proposing to construct a paved storage area in an area that was previously used for storage of black dirt and other materials. The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Conditions are put in place to require that the use follow City Code and not have impacts on surrounding properties. 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. 30 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 The proposed use of the site as a paved storage area will generate less dust than previous uses on this site. A draft condition has been added to not permit semi -trucks and trailers not affiliated with tenants of the buildings on this site. The applicant is also proposing to construct a berm and plant trees on the berm as a means of additional screening beyond the existing trees on the site. The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone. Exterior storage is an allowed conditional use in the I-1, Light Industry zone. The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). Exterior storage is an allowed use in the Mixed Use Employment Center designation in the comprehensive plan. 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. Storage of both semi -trailers and semi -trucks not affiliated with the tenants of the buildings on the site is not permitted in this storage area. 2. The size and configuration of the proposed paved storage area east of the proposed building may be adjusted in size to meet stormwater requirements on this site. 3. The storage area must be paved and vehicles stored on the site must be both licensed and operable. 4. Exterior storage is only permitted in areas shown on the attached exhibit, which is to be based off approved stormwater retention and infiltration requirements on the site. 5. Screening on the site must match the proposed landscape plan and be maintained. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 9th day of May, 2024. 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 31 March 2025 Registration w 4,'�.,o�; e vo,e14 �� 00.so100�0�0M40,007/rw0' 33 Unlicensed / inoperable vehicle Semi tractor not associated with a building tenant 34 Khd Mayle Trans TRUCK DRIVING SCHOOL US DOT 3406004 35 38 RESOLUTION PC2026-007 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING RESOLUTION PC2024-005, A CONDITIONAL USE PERMIT ALLOWING EXTERIOR STORAGE AT 1555 MARAS STREET WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and approved a request from John Mesenbrink (applicant) for a Conditional Use Permit for Exterior Storage on property owned by Maras Street LLC at 1555 Maras Street on May 9, 2024; and WHEREAS, the property is legally described as: See Attached Legal Description, and: WHEREAS, the Board adopted the following findings relating to the Conditional Use Permit; Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 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. The applicant is proposing to construct a paved storage area in an area that was previously used for storage of black dirt and other materials. The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Conditions are put in place to require that the use follow City Code and not have impacts on surrounding properties. 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. The proposed use of the site as a paved storage area will generate less dust than previous uses on this site. A draft condition has been added to not permit semi - trucks and trailers not affiliated with tenants of the buildings on this site. The applicant is also proposing to construct a berm and plant trees on the berm as a means of additional screening beyond the existing trees on the site. The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone. Exterior storage is an allowed conditional use in the I-1, Light Industry zone. 39 Criteria #5 Finding #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). Exterior storage is an allowed use in the Mixed Use Employment Center designation in the comprehensive plan. WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of approval: 1. Storage of both semi -trailers and semi -trucks not affiliated with the tenants of the buildings on the site is not permitted in this storage area. 2. The size and configuration of the proposed paved storage area east of the proposed building may be adjusted in size to meet stormwater requirements on this site. 3. The storage area must be paved and vehicles stored on the site must be both licensed and operable. 4. Exterior storage is only permitted in areas shown on the attached exhibit, which is to be based off approved stormwater retention and infiltration requirements on the site. 5. Screening on the site must match the proposed landscape plan and be maintained; and WHEREAS, on January 8`h, 2026 city staff notified the property owner the site is not in compliance with condition #3 and the property owner stated they would have the site brought into compliance; and WHEREAS, on January 29th, 2026 city staff visited the site and again found unlicensed and inoperable vehicles on the site as well as a dumpster outside of a trash enclosure, which is a violation of City Code; and WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to review and revoke a permit upon violation of any condition of the permit; and NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that resolution PC2023-005 which allowed exterior storage at 1555 Maras Street is hereby rescinded. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 5th day of February, 2026. Chairperson, ATTEST: Board of Adjustment and Appeals Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 40 U mt O _ = N a. ' v w � o > a �a in 1- N Ln i3 v N N N f6 7 N on o Ems +, C co = a) E In J N v w w c O O = -n to 471 .1.,,. a) L Q' N O V if) w j A to N 0 C _ w a ❑ cr+{ C N C N _ i4 +, a)w N f❑) f6 W w ❑ aJ a .Q oC a) E N v Q � �co cno 1 C m= s a Z O w O C Lii C = M L Z = —1 en a) O C V C Q c U w 4 � _ s in O w V1 '., '., C C. L C �' Na)-. •a o N @ @ 0 d [Y' 7 Z -1-' E'n +V6 d L t f0 N N a i' ; a) .. L V y@ 5- -C a a.' 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Ca a) @., x v @ Q1 It) 0 N in 0 0-' w x w -0 " 0' cu N it U] W N y L 6+ N f4 @ C agN N Ell03 '1, J es W �O 'L.+ 4fl @ C L L -0 C L a) L)w if W 4t ) w +' 7~ a U) t>) a -1,-, 4... a rna �� @ C CO O w .� Ern 0 W 00 y aj C m LP LO 7 m L = d @ Ni C i Z _ca; C O a) N (n.....0 W W A ❑ a) '-. C O L .4- O L .c. w a) N C Ks 1O c_ al L V L C a) i' w O +L' C) L I- S3 Q Q ❑ s @aUEtvvz �'L v 0_ la IJ1 10 O .. 1,, O N a) a) w Q @ @ rs3 t N C C Z w. O.. w @ N C. 4-•a)=0 a' a•-00a) c L N O ._lf 7@ a' 07, C M pc @ O Cl.a) C @ H @ Uv) EU7W ci JN @ Om -c, (5 C CO Cy w as-' N Lf] 'tV' >, • SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 5.d Review of Conditional Use Permit PC2023-006, Vehicle Repair at 8610 Hansen Ave Kyle Sobota, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Adopt Resolution PC2026-006, a resolution rescinding Resolution PC2023-006 Motion Type: Simple Majority Background: Site Information: Address: 8610 Hansen Ave Property Owner: Hansen Ave LLC / Eugene Hansen Current Zoning: I-1, Light Industry 2040 Comp. Plan: Mixed Use Employment Center Staff visited one of the property owner's sites related to another conditional use permit request on nearby Maras Street and observed unlicensed and inoperable vehicles parked on this site visible from both Stagecoach Road and Hansen Avenue while traveling to the Maras Street site. Staff informed the property owner on January 8th that there were compliance issues on this site and the applicant stated that he would take care of the issues regarding the tenant's use of the property. Condition #10 in Resolution PC2023- 006 requires that unlicensed or inoperable vehicles must not be kept outside the building, unless the vehicles are within an area that is screened from view from adjacent properties and streets that complies with City Code requirements for screening. Staff again visited the site on January 29th and found several unlicensed / inoperable vehicles on the site. Photographs from January 29th are attached for the Board's reference. The property owner has continually had issues with tenant's compliance with City Code and/or conditional use permit conditions on multiple properties. The first criteria in City Code Section 151.011 regarding conditional use permits is, "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 42 property values within the immediate vicinity." Both City Code and conditional use permit conditional use permit condition #10 do not allow for the storage of unlicensed and inoperable vehicles in plain view from streets and other properties, as they diminish the value and enjoyment of area properties. City Code Section 151.011, Subdivision J, allows for the Board of Adjustment and Appeals to review and revoke conditional use permits upon the violation of any condition of the permit, City Code requirements, or State or Federal law. Recommendation: Adopt the resolution, as presented. Budget Impact: N/A Attachments: Location Map Resolution PC2023-006 Site Photos, January 29 Resolution PC2026_006 43 Receipt:# 733153 A1181608 RES $46.00 Return to: SHAKOPEE 485 GORMAN STREET SHAKOPEE MN 55379 Office of the County Recorder Scott County, Minnesota Julie K. Hanson, County Recorder (This cover sheet is now a permanent part of the recorded document) 45 CERTIFICATION I, Lori J. Hensen, City Clerk, City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC2023-006 presented, to and adopted by the Board of Adjustments and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 8th day of June 2023, as shown by the minutes of the meeting in my possession. Dated this 23`' day of October 2023. Lori J. He City Clerk 46 RESOLUTION PC2023-006 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW VEHICLE SERVICE AND REPAIR AT 8610 HANSEN AVENUE WHEREAS, Elmer Paz, KME Auto Repair, applicant, and Hansen Avenue LLC, property owner, have made application for a Conditional Use Permit (CUP) to allow for a vehicle repair facility on property located at 8610 Hansen Avenue; and WHEREAS, the property upon which the request is being made is legally described Lot 1, Block 2, Reliakor First Addition; and 'V7522400 2.O • 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 as: WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee did review this application on June 8, 2023, 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. The applicant is proposing to occupy a space that was used for repair of Reliakor company vehicles. 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 #1 Criteria #2 Finding #2 Conditions are put in place to require that the use follow City Code and not have impacts on surrounding properties. 47 } 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. City sewer and water were recently added to this area. Fire Sprinklers must be installed in the building prior to the operation of this business. The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone. Vehicle service and repair is a listed conditional use in the 11, Light Industry zone. The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). Vehicle service and repair is an allowed use by the comprehensive plan in the Mixed Use Employment Center 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 Department Memo dated May 19, 2023. 2. Any alterations to the building will require a Building Permit. If building alterations are not necessary or planned, the applicant must receive a Change of Occupancy Permit from the Building Department prior to operation of the business. 3. 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. 4. Fire Sprinklers must be installed in this building prior to the applicant occupying the building. The Fire Sprinkler System must be monitored and the monitoring system must be installed prior to the applicant occupying the space and the use shall comply with all Building / Fire Codes. 5. A proper paint booth must be installed if painting of vehicles or parts takes place on the site. 6. Exterior storage of new or used parts is not permitted. 7. Any future tenants within this tenant space must comply with the Zoning Ordinance and receive a Change of Occupancy Permit from the Building Department. 8. All service or repair work on vehicles must take place inside the building. 9. Trash handling must either take place inside the building, or be contained in a trash enclosure that meets City Code requirements, including a roof. 10. Unlicensed or inoperable vehicles must not be kept outside the building, unless the vehicles are within an area that is screened from view from adjacent properties and streets that complies with City Code requirements for screening. 11. The applicant shall not have a public address system. 48 Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 8th day of June, 2023. ATTEST: ichael Kerski, Director of Planning and'Development Ch irpers n, Bo - rd of Adjustm 1t and Appeals PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 49 RESOLUTION PC2026-006 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RESCINDING RESOLUTION PC2023-006, A CONDITIONAL USE PERMIT FOR VEHICLE REPAIR AT 8610 HANSEN AVENUE WHEREAS, the Board of Adjustment and Appeals of the City of Shakopee reviewed and approved a request from Elmer Paz of KME Auto Repair (applicant) for a Conditional Use Permit for Vehicle Repair on property owned by Hansen Avenue LLC at 8610 Hansen Avenue on June 8, 2023, 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 occupy a space that was used for repair of Reliakor company vehicles. 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 City sewer and water were recently added to this area. Fire Sprinklers must be installed in the building prior to the operation of this business. Criteria #4 The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone. Finding #4 Vehicle service and repair is a listed conditional use in the I-1, Light Industry zone. Criteria #5 The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). Finding #5 Vehicle service and repair is an allowed use by the comprehensive plan in the Mixed Use Employment Center designation. 53 WHEREAS, the Board of Adjustment and Appeals adopted the following conditions of approval: 1. The applicant must comply with the Engineering Department Memo dated May 19, 2023. 2. Any alterations to the building will require a Building Permit. If building alterations are not necessary or planned, the applicant must receive a Change of Occupancy Permit from the Building Department prior to operation of the business. 3. 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. 4. Fire Sprinklers must be installed in this building prior to the applicant occupying the building. The Fire Sprinkler System must be monitored and the monitoring system must be installed prior to the applicant occupying the space and the use shall comply with all Building / Fire Codes. 5. A proper paint booth must be installed if painting of vehicles or parts takes place on the site. 6. Exterior storage of new or used parts is not permitted. 7. Any future tenants within this tenant space must comply with the Zoning Ordinance and receive a Change of Occupancy Permit from the Building Department. 8. All service or repair work on vehicles must take place inside the building. 9. Trash handling must either take place inside the building, or be contained in a trash enclosure that meets City Code requirements, including a roof 10. Unlicensed or inoperable vehicles must not be kept outside the building, unless the vehicles are within an area that is screened from view from adjacent properties and streets that complies with City Code requirements for screening. 11. The applicant shall not have a public address system. ; and WHEREAS, on January 8`'', 2026 city staff notified the property owner the site is not in compliance with condition #10 and the property owner stated they would have the site brought into compliance; and WHEREAS, on January 29th, 2026 city staff visited the site and again found unlicensed and inoperable vehicles stored in locations plainly visible from adjacent properties and public roadways; and WHEREAS, City Code Section 151.011 J. allows the Board of Adjustment and Appeals to review and revoke a permit upon violation of any condition of the permit; and NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that resolution PC2023-006 which allowed vehicle repair at is hereby rescinded. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 5th day of February, 2026. Chairperson, ATTEST: Board of Adjustment and Appeals Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 54 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals February 5, 2026 5.e PUBLIC HEARING - Conditional Use Permit for Exterior Storage at 1555 Maras Street Kyle Sobota, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Adopt Resolution PC2026-003, a resolution denying the conditional use permit request. Motion Type: Simple Majority Background: Site Information: Property Address: 1555 Maras Street Property Owner: Maras Street LLC / Eugene Hansen Lot Area: 22.86 Acres Current Zoning: I-1, Light Industry 2040 Comp. Plan: Mixed Use Employment Center Eugene Hansen, the representative of Maras Street LLC (property owner), has applied for a conditional use permit for exterior storage at 1555 Maras Street. The applicant recently constructed a multi -tenant building on this site and received a conditional use permit for exterior storage in 2024. Staff received a complaint about the use the storage area for storing semi trucks not associated with a tenant of the building and followed up on the complaint with the applicant. The applicant applied for a conditional use permit specifically noting areas of storage for the existing tenants of the building. This item was scheduled for review at the January 8th Board of Adjustment and Appeals meeting and on January 8th prior to the meeting, staff visited the site and found violations of the existing conditional use permit, including a semi -truck not associated with a tenant of the business and several unlicensed and inoperable vehicles. At the January 8th meeting, staff requested the Board continue the public hearing to February to have the applicant address the compliance issues. Staff spoke with the applicant by telephone on January 26th and the property owner stated the site should be in compliance. On January 29th staff visited the site and photographed some of the same unlicensed vehicles, a dumpster outside an enclosure. 55 Staff is recommending that the Board deny the request, as the site is not in compliance with City Code and the current conditional use permit. Recommendation: Adopt the resolution, as presented. Budget Impact: N/A Attachments: Location Map Photos from January 8th Photos from January 29th Resolution PC2026-003 Legal Description for Resolution 56 March 2025 Registration w 4,'�.,o�; e vo,e14 �� 00.so100�0�0M40,007/rw0' 59 Unlicensed / inoperable vehicle Semi tractor not associated with a building tenant 60 Khd Mayle Trans TRUCK DRIVING SCHOOL US DOT 3406004 61 64 RESOLUTION PC2026-003 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING A CONDITIONAL USE PERMIT REQUEST TO ALLOW EXTERIOR STORAGE IN THE LIGHT INDUSTRY (I-1) ZONE AT 1555 MARAS STREET WHEREAS, Eugene Hansen, applicant, and Maras Street LLC, property owner, have made application for a Conditional Use Permit (CUP) to allow for exterior storage on property located at 1555 Maras Street; and WHEREAS, the property which the request is being made is legally described as: (See Attached Exhibit) ; 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 January 8, 2026 and February 5th, 2026, 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 City received a complaint about the use of this site prior to this application. The applicant has been given multiple opportunities to bring the site in compliance with both City Code and an existing conditional use permit and has failed to bring the site into compliance. Storage of unlicensed and inoperable vehicles limits and continually keeping overflowing dumpsters outside of trash enclosures limits the enjoyment of property in the area and decreases property values. 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. 65 Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Continued storage of unlicensed and inoperable vehicles, dumpsters outside of trash enclosures will limit the potential for future investment and private development in this area. 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. The use of the subject property is consistent with the purposes of the Light Industry (I-1) Zone. Storage of unlicensed and inoperable vehicles is not a use that is consistent with the purposes of the Light Industry, Zone. The use is not in conflict with the Comprehensive Plan (Mixed Use Employment Center). Finding #5 Allowing continued violations of City Code does not fbllow the purpose of the Mixed - Use Employment Center designation, which is providing spaces for manufacturing, warehousing, office, and light -industrial facilities. NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota that the requested CUP is hereby denied. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 5th day of February, 2026. 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 66 U mt O = N a. 'tj v w > o a 1a on 1- N i3 v N N N Ili 7 n c co = u z In Lo v w w c O O =�-n in N a, m .a 4.,,. a) L Q' N 0 V Ln w j A ti) N 0 _ w a ❑ cr+{ C N C N _ ,-5+, u w U ) f I a f6 W w ❑ w .Q oC N E NvQ � �co cno 1 C m= c a Z 0 w O C C = M L Z = -I • O C V C Q c U w 4 C 411 -C N 0 w V1 ,., ,., c a L C �' N N-. •a N N @ 0 d @ [yc 7 Z -L-' I'C'I +V6 d L t f0 N a) a y, ; a) .. 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