HomeMy WebLinkAboutMay 09, 2024 BOAA PacketShakopee Board of Adjustments
and Appeals
May 9, 2024
7:00 PM
City Hall, 485 Gorman St.
1. Roll Call
2. Approval of Agenda
3. Call for Notarized Affidavits, Proof of Neighborhood Meeting and Sign in Sheet for
appropriate Public Hearings
4. Recognition by Board of Adjustment and Appeals of Interested Citizens
5 Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Chair there will be an opportunity for members of the BOAA to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
5.A. Meeting Minutes of April 4, 2024
5.B. Conditional Use Permit Revocation - CUP Resolution No. PC2022-008
6. General Business
6.A. PUBLIC HEARING - Conditional Use Permit for Exterior Storage at 1555
Maras Street
7. Other Business
8. Adjourn to Thursday, June 6, 2024 at 7:00 p.m.
If a commissioner has any comments, concerns or questions, he or she should contract 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!
Page 1 of 21
5.A.
Shakopee Board of Adjustments and Appeals
May 9, 2024
FROM: Lori J. Hensen, City Clerk
TO: President and Commission Members
Subject:
BOAA meeting minutes of April 4, 2024.
Policy/Action Requested:
Approve the meeting minutes of April 4, 2024.
Recommendation:
Approve the meeting minutes of April 4, 2024.
Discussion:
ATTACHMENTS:
a April 4, 2024
Page 2 of 21
Shakopee Board of Adjustment and Appeals Meeting
April 4, 2024
7:00 PM
City Hall, 485 Gorman St.
1. Roll Call: Present Commissioners: Reding, Sandhu, Ranua, Sepulveda (Chair), Staff Kerski
2. Approval agenda: Reding motion, Schleck seconded. Unanimous.
3. Call — good
4. Interested citizens — None
5. Consent business — Meeting Minutes of March 7, 2024 Motion by Sandhu to approve, Reding
Seconded, Approved unanimously.
6. General Business
6.A. PUBLIC HEARING
Conditional Use Permit for a Vehicle Repair Facility at 8245 Crossings Blvd.
Motion to open by Ranua, Seconded by Ranua to open public hearing.
Staff presented a proposal for a 2,000 square foot Valvoline facility with services offered
to include oil changes, replacement of various fluids, wiper blades, head lamp etc and
tire rotation. The building is largely brick. There is extensive landscaping proposed. The
property was rezoned in 2023 to B-1 in anticipation of this use. Hours would be
restricted to 8AM to 7PM. Inoperable vehicles must be stored inside.
The final plat would create two parcels, one at 1.07 acres and one at 1.23 acres.
Jim Douthit represents Valvoline. The chair asked about the subdivision. Which side
would it be on? Valvoline would be closest to Kwik Trip. Reding asked about what the
use would be. He responded maintenance. No mechanical work. In and out.
Customers typically wait in their car. All the work is inside the building. Ranua asked
about waste. He responded that the building has a basement, and everything is stored
in tanks. The chair asked how it was removed. He responded pumped out and they
have all the State and County permits. Valvoline is fine with hours. Saturday is 9-6PM.
Most are not open Sunday.
Amy Yanay from Switchgrass Circle is nearby neighbor asked about which ways the bay
will face because of the noise that will be generated into neighborhood. The doors are
front and back facing the road and the neighbors. Valvoline said that there is 200 feet to
the residential area. The compressor is inside in a soundproofed room. The resident
asked the door be closed during tire rotations. The chair asked about noise. Valvoline
offered that they would be Ok with closing the door when a tire rotation is taking place.
Motion to close made by Ranua and seconded by Reding. Approved unanimously.
Motion made by Reding PC2024-003 approving with the change that doors be kept close
when there is a tire rotation. Seconded by Ranua. Passed unanimously.
7. Other Business - None
Page 3 of 21
Motion to adjourn to May 9, 2024 at 7 00 PM by Reding and seconded by Sandhu.
Approved unanimously. Meeting ended at 7:30PM
Page 4 of 21
5.B.
Shakopee Board of Adjustments and Appeals
May 9, 2024
FROM: Mark Noble, Senior Planner
TO: Board of Adjustment and Appeals
Subject:
Conditional Use Permit Revocation - CUP Resolution No. PC2022-008
Policy/Action Requested:
Adopt Resolution No. PC2024-004, which would revoke CUP Resolution No. PC2022-008
for a compressed natural gas (CNG) fleet fueling facility at 7420 Hentges Way.
Recommendation:
Approve the requested action.
Discussion:
The Board has approved a CUP for the property at 7420 Hentges Way, as a fueling station
for compressed natural gas (CNG) fleet fueling facility at this location. They began
development of the site, including paving and fencing, but the fueling station was never
installed and the property is currently for sale. The former applicant has no interest in
development of a fueling station at this site and are in agreement with the City in revoking
their previous approvals. The site is non -compliant with conditions of approved Resolution
No. PC2022-008, and the entrance has been barricaded from use by transient vehicles.
Based on the site non-compliance and the developer's intent to cease operations, staff
recommends the Board of Adjustment and Appeals revoke CUP Resolution No. PC2022-
008.
ATTACHMENTS:
o Resolution No. PC2024-004
• Site Aerial
o Site Plan
o Landscape Plans
• Resolution No. PC2022-008
Page 5 of 21
RESOLUTION NO. PC2024-004
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REVOKING A
CONDITIONAL USE PERMIT FOR A CNG FLEET FUELING FACILITY AT 7420
HENTGES WAY
WHEREAS, the City of Shakopee had received an application from Cretex Industrial Park,
LLC, property owner, and CT Realty, applicant, for a Conditional Use Permit (CUP) to allow a
compressed natural gas (CNG) fleet fueling facility on property located sat 7420 Hentges Way;
and
WHEREAS, the property upon which the request was made is legally described as:
Lot 2, Block 1, Hentges Industrial Park 3rd Addition; and
WHEREAS, notice was provided and on June 9, 2022 the Board of Adjustment and
Appeals conducted a public hearing regarding the application, at which it heard from the Director of
Planning & Development and invited members of the public to comment; and
WHEREAS, on June 9, 2022 the Board of Adjustment and Appeals adopted resolution
PC2022-008 approving the CUP application. The approval included the following conditions:
1. This use shall comply with the 17 conditions noted in City Code Section 151.007 (L)
(24), Industrial Fuel Stations.
2. The visible portions of the columns/support of the canopy shall be constructed out of
brick.
3. All proposed uses will take place as shown on the submitted Site Plan (dated 05/06/22),
unless as specifically noted in this Resolution.
4. Additional landscaping, fencing and/or berming will be required to ensure that screening
of the parking lot and of the canopy area complies with the City Code requirements. This
shall include providing a mix of plantings along the north side of the parking lot (presently
shown as the same species) at a minimum height of three (3) feet. Financial security shall
be provided in accordance with City Code for the proposed landscaping.
5. Additional fees for woodland replacement of existing trees on site (including the high
priority Oak trees) will need to be paid at time of building permit.
6. Fire department access shall be provided as required by the Minnesota State Fire Code.
Page 6 of 21
7. Development of the site shall comply with the conditions noted in the City Engineering
Memo (dated 06/01/22), unless as revised/approved by City Engineering staff.
8. Fencing shall comply with City Code Section 111.02 standards (including not to exceed
8' in height, nor constructed of materials that are deemed hazardous, including use of
barb -wire).
WHEREAS, on May 9, 2024, the Board of Adjustment and Appeals reviewed the matter
and determined that the use was not in compliance with the above conditions of approval contained
in Resolution PC2022-008.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT
AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
The Board of Adjustment and Appeals adopts the following findings of fact:
Finding #1 The applicant has not complied with Conditions No. 1,3,4 & 7.
Finding #2 The applicant has no plans to develop and occupy this property as
previously proposed/approved; therefore, there is no validity for this CUP
at this time nor in the future.
BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT AND
APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Conditional Use Permit for a compressed natural gas (CNG) fleet fueling facility on
property located at 7420 Hentges Way, pursuant to City of Shakopee, Minnesota Resolution No.
PC2022-008, is hereby REVOKED.
Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 9th day
of May, 2024.
Chair of the Board of Adjustment and Appeals
ATTEST:
Director of Planning and Development
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Page 7 of 21
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RESOLUTION NO. PC2022-008
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A CNG FLEET FUELING FACILITY
AT 7420 HENTGES WAY
WHEREAS, Cretex Industrial Park, LLC, property owner, and CT Realty, applicant,
have made application for a Conditional Use Permit (CUP) to allow for a compressed natural
gas (CNG) fleet fueling facility on property located south of Hwy. 101 and west of Stagecoach
Road (7420 Hentges Way); and
WHEREAS, the property upon which the request is being made is legally described
as:
Lot 2, Block 1, Hentges Industrial Park 3rd Addition; 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 June 9, 2022, and adopted the following findings:
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, provided
the use complies with the conditions of the resolution.
Finding #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 #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 #4 The use of the subject property is consistent with the purposes of the Heavy
Industry (I-2) Zone.
Finding #5 The use is not in conflict with the Comprehensive Plan (Industrial).
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:
Page 12 of 21
1. This use shall comply with the 17 conditions noted in City Code Section 151.007 (L)
(24), Industrial Fuel Stations.
2. The visible portions of the columns/support of the canopy shall be constructed out of
brick.
3. All proposed uses will take place as shown on the submitted Site Plan (dated
05/06/22), unless as specifically noted in this Resolution.
4. Additional landscaping, fencing and/or berming will be required to ensure that
screening of the parking lot and of the canopy area complies with the City Code
requirements. This shall include providing a mix of plantings along the north side of the
parking lot (presently shown as the same species) at a minimum height of three (3) feet.
Financial security shall be provided in accordance with City Code for the proposed
landscaping.
5. Additional fees for woodland replacement of existing trees on site (including the high
priority Oak trees) will need to be paid at time of building permit.
6. Fire department access shall be provided as required by the Minnesota State Fire Code.
7. Development of the site shall comply with the conditions noted in the City
Engineering Memo (dated 06/01/22), unless as revised/approved by City Engineering
staff.
8. Fencing shall comply with City Code Section 111.02 standards (including not to
exceed 8' in height, nor constructed of materials that are deemed hazardous, including
use of barb -wire).
Adopted in session of the Board of Adjustment and Appeals of the City of
Shakopee, Minnesota, held the day of , 2022.
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
Page 13 of 21
6.A.
Shakopee Board of Adjustments and Appeals
May 9, 2024
FROM: Kyle Sobota, Senior Planner
TO: Board of Adjustment and Appeals
Subject:
PUBLIC HEARING - Conditional Use Permit for Exterior Storage
Policy/Action Requested:
Adopt Resolution PC2024-005, a resolution approving the proposed
for exterior storage at 1555 Maras Street
Recommendation:
Adopt the resolution, as presented.
Discussion:
Site Information:
Applicant: John Mesenbrink, Mesenbrink Construction
Property Address: 1465 Maras Street
Property Owner: Maras Street LLC
Lot Area: 22.86 Acres (two parcels, 5.38 acres & 17.48 acres)
Zoning: I-1, Light Industry
2040 Comp. Plan: Mixed Use Employment Center
at 1555 Maras Street
conditional use permit
John Mesenbrink, representing Maras Street LLC / Eugene Hansen (property owner), has
applied for a conditional use permit for exterior storage at 1555 Maras Street. 1555 Maras
Street is the address of the proposed building on the 1465 Maras Street property that the
Planning Commission will be reviewing for an easement vacation request and a preliminary /
final plat.
The applicant is proposing to construct a 12,000 square -foot building on this site and have a
1.73 -acre exterior storage yard east of the proposed building for a future tenant that is a
construction contractor. The proposed tenant intends to use the site for storage of vehicles
and equipment associated with their construction business. The applicant has stated that the
Page 14 of 21
storage area will not be used for storage of semi -trucks. A draft condition has been added to
the resolution to not permit semi -trucks and trailers not affiliated with tenants of the buildings
on the site to be stored on the site.
City Code allows up to 50% of I-1, Light Industry zoned property to be used for exterior
storage. The applicant has prepared an exhibit showing the amount of existing and proposed
storage area on the site; which equals approximately 33% of the site.
The applicant is proposing to construct a berm and plant trees on a berm south of the storage
area. There are also several significant existing trees that screen the areas to the south and
east of the site, as well as a fence east of the proposed storage area. A condition has been
added that the proposed landscaping / screening on the site be maintained.
The Water Resources Engineer has commented that the proposed paved storage area may
need to be adjusted in size and configuration to address stormwater requirements on the site.
A draft condition has been added to resolution to reflect this possibility.
ATTACHMENTS:
• Location Map
o Applicant Narrative
o Storage Area Exhibit
o Landscape Plan
o Resolution PC2024-005
Page 15 of 21
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NARRATIVE
Reliakor 1555 Maras Street
Shakopee, Minnesota
Project Summary
The proposed project is the construction of a new 12,000 square foot building, parking lot
addition
and other associated site improvements. The existing conditions consist of two buildings (one of
which is a covered storage area), a bituminous and gravel parking/storage lots, wooded area,
and a
wetland. There is currently no stormwater management taken place on site and stormwater
drains to
Country Road 8, Hansen Avenue and to the neighboring lot to the east. The proposed
improvements
will consist of a new building, replacing the gravel lot with a bituminous parking lot, an
infiltration and pretreatment basin, as well as bringing in new sanitary and water services to both
the existing and proposed buildings while abandoning/removing the existing well and septic.
The
proposed building will have 6 separated bays which will be rented out to small businesses. The
anticipated traffic will be light (cars and small trucks) as there will be no semis. The owner
currently has no plans for any additional buildings being proposed on the site besides the single
12,000 currently being proposed.
The anticipated schedule of the project is to begin as soon as possible with the hope of early
September. The proposed building is planning on being constructed in the first week or two of
October. It is anticipated that the majority of construction will be completed this fall, depending
on the weather, and will be finished next spring/summer if need be.
Page 17 of 21
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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.
Page 20 of 21
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
that 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:
Chairperson,
Board of Adjustment and Appeals
Michael Kerski,
Director of Planning and Development
PREPARED BY:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Page 21 of 21