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HomeMy WebLinkAboutMay 07, 2026 - BOAA PacketPliall SHAKOPE E Shakopee Board of Adjustment and Appeals Regular Meeting Thursday, May 7, 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 Minutes from March 2026 and April 2026 5. General Business 5.a PUBLIC HEARING - Conditional Use Permit for a Commercial Recreation, Minor Use for the Installation of up to Four (4) Outdoor Pickleball Courts and an Outdoor Patio 5.b PUBLIC HEARING - Conditional Use Permit for Exterior Storage at 1555 Maras Street for Biff's 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 1 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 May 7, 2026 Minutes from March 2026 and April 2026 Michael Kerski, Planning and Development Director Michael Kerski 4.a Action to be considered: Approve Motion Type: Simple Majority Background: Minutes from last two meetings. Recommendation: Approve minutes as submitted Budget Impact: N/A Attachments: BOAA minutes March 2026.docx BOAA April 2026.docx 3 City of Shakopee Board of Adjustment and Appeals Meeting Minutes - March 5, 2026 1. Call to Order The meeting was called to order at 7:00 p.m. 2. Roll Call Present: Commissioners Robbins, Weiler, Sandu, Reding, Cherus, Vander Veen, Absent: Forsythe 3. Oath of Office Newly appointed commissioners Cherus and Vander Veen recited the Oath of Office and were welcomed to the Board. 4. Approval of Agenda Motion to approve the agenda as presented. • Motion: Commissioner Robbins • Second: Commissioner Weiler • Vote: Approved unanimously 5. Recognition of Interested Citizens No members of the public came forward to speak on items not on the agenda. 4 6. General Business A. Election of Officers • Chair: o Nominee: Commissioner Reding o Approved by voice vote • Vice Chair: o Nominee: Commissioner Sandu o Approved by voice vote • Second Vice Chair: o Nominee: Commissioner Weiler o Approved by voice vote Chair duties were assumed by Commissioner Reding. B. Public Hearing — Conditional Use Permit Amendment Project: Southwest Metro Intermediate School District No. 288 Location: 4601 Dean Lakes Boulevard Request Summary: Amendment to an existing Conditional Use Permit to allow: • Construction of a 5,000 sq. ft. fabrication lab/storm shelter • Addition of a greenhouse • Interior remodeling for technical education programming Key Discussion Points: • Facility serves multiple districts and programs (including adult learning and technical education) • Minimal anticipated increase in traffic or parking demand • Estimated addition of —20-30 students (staggered schedules) Public Hearing: • Opened and closed with no public comment 5 C. Action on CUP Amendment Motion: Approve CUP Amendment (PC 2026-008) with staff conditions • Motion: Commissioner Robbins • Second: Commissioner Cherus • Approved by roll call vote. Result: Motion carried 6-0 7. Other Business • Staff reported that previously revoked CUPs have been appealed and are tentatively scheduled for City Council review. • One related application may return to the Board in April. 8. Adjournment Motion to adjourn at 7:19 PM to April 9, 2026. • Motion: Commissioner Sandu • Second: Commissioner Weiler • Vote: Approved unanimously Meeting adjourned. 6 City of Shakopee Board of Adjustment and Appeals Meeting Minutes April 9, 2026 1. Call to Order The meeting was called to order on Thursday, April 9, 2026. 2. Roll Call Present: Commissioners Robbins, Weiler, Sandu, Reding, Cherus, Vander Veen Robbins Absent: Forsythe 3. Approval of Agenda Motion: Approve the agenda as presented Moved by: Commissioner Weiler Seconded by: Commissioner Sandu Vote: Motion carried unanimously 4. Public Comment (Items Not on Agenda) No public comments were received. 5. General Business 5A. Public Hearing — Conditional Use Permit 1555 Maris Street — TK Marine (Exterior Storage) • Staff presented request for a Conditional Use Permit (CUP) for exterior storage. 7 • Property details: o 22.86 acres o Zoned I-1 Light Industrial o Applicant: TK Marine • Background: o Previous site -wide CUP was revoked due to violations by another tenant o New approach allows individual CUPs per tenant Public Hearing Opened Motion carried unanimously Discussion Highlights: • Clarification on differences from prior CUP revocation • Confirmation that non -compliant tenant materials are being removed • Storage limited to designated 60' x 120' area Public Hearing Closed Motion carried unanimously Motion: Adopt Resolution PC 2026-009 approving CUP Vote (Roll Call): All commissioners voted Aye Result: Motion carried 5B. Public Hearing — Conditional Use Permit 1555 Maris Street — Broom Repair Inc. (Vehicle Repair & Exterior Storage) • Staff presented CUP request for: o Vehicle repair o Exterior vehicle storage • Applicant provides fleet maintenance services Public Hearing Opened Motion carried unanimously Discussion Highlights: • Relationship to prior CUP revocation • Status of removal of non -compliant vehicles from previous tenant • Site organization and operations deemed orderly 8 Public Hearing Closed Motion carried unanimously Motion: Adopt Resolution PC 2026-010 approving CUP Vote (Roll Call): All commissioners voted Aye Result: Motion carried 6. Other Business • Staff noted that three prior CUPs on the site had been revoked and upheld: o Towing company o Property -wide CUP o Auto repair business 7. Adjournment Motion: Adjourn the meeting at 7:13PM Vote: Motion carried unanimously Meeting adjourned until May 7, 2026 at 7:00 PM 9 WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals May 7, 2026 5.a PUBLIC HEARING - Conditional Use Permit for a Commercial Recreation, Minor Use for the Installation of up to Four (4) Outdoor Pickleball Courts and an Outdoor Patio Mark Noble, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Approve Resolution PC2026-011, approving a Conditional Use Permit to allow a Commercial Recreation, Minor Use for the Installation of up to Four (4) Outdoor Pickleball Courts on the north side of the Dropshot Pickleball tenant space, located at 1100 Shakopee Town Square. Motion Type: Simple Majority Background: Conditional Use Permit from Justin Hammerback of Dropshot Pickleball LLC (applicant), on behalf of M5 Built Holdings - Shakopee LLC (property owner), to allow a commercial recreation, minor use for the installation of up to four (4) outdoor pickleball courts and an outdoor patio in the B-1, Highway Business zoning district located at 1100 Shakopee Town Square. The subject property has been the site of the Dropshot pickleball for several years, and they are looking to expand with four (4) new outdoor courts to the north side of their existing business, along with an outdoor deck along the east side. They also intend to add food and beverage services, which they are working with the City Clerk and the State Department of Health on the necessary permits/licenses. The applicant has provided a narrative of their proposed improvements, along with several site plans which show new fencing, sidewalk & trail connections, and extensive landscaping along the east side of the property. Findings Section 151.011 (Conditional Use Permits), Subd. A (Criteria for Granting Conditional Use Permits) states "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of 10 Adjustment and Appeals shall not grant a conditional use permit without making certain findings. The criteria required for the granting of conditional use permits are listed below with staff 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 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. Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2 The conditional use permit should not impede future development and improvement in the area, provided the use complies with the conditions of the resolution. Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding #3 The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site, as conditioned in the resolution. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding #4 The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding #5 The use is not in conflict with the Comprehensive Plan (Commercial). Staff reviewed the above criteria and have found that the proposal would meet the criteria, provided the conditions noted in the draft resolution are met. City Engineering and Planning staff have provided conditions in addition to the conditions noted in City Code Section 151.007 (K) (14) that have been incorporated into the draft Resolution. Of particular emphasis by city staff is the need for extensive screening of the site along the east side of the property, and sidewalk and trail connection improvements. Additionally, any lights on the outside of this facility should be directed away from the residential properties to the east. Should this use be approved, the applicant will work with city and SPU staff to ensure compliance with any City Code and CUP Resolution requirements. 11 Recommendation: Approve the requested action. Budget Impact: N/A Attachments: CUP Resolution PC2026-011.docx Site Aerial.pdf Dropshot Pickleball Proposal_v1 Origin.pdf CUP (Dropshot Pickleball) Eng Memo.docx Sidewalk improvements.pdf 12 RESOLUTION PC2026-011 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW UP TO FOUR (4) OUTDOOR PICKLEBALL COURTS ON THE NORTH SIDE OF THE DROPSHOT PICKLEBALL TENANT SPACE, LOCATED AT 1100 SHAKOPEE TOWN SQUARE WHEREAS, Conditional Use Permit from Justin Hammerback of Dropshot Pickleball LLC, on behalf of M5 Built Holdings — Shakopee LLC (property owner), to allow a commercial recreation, minor use for the installation of up to four (4) outdoor pickleball courts and an outdoor patio in the B-1, Highway Business zoning district located at 1100 Shakopee Town Square; and WHEREAS, the property upon which the request is being made is legally described as: Lot 1, Block 1, VALLEY MALL 1ST ADDITION, Scott County, Minnesota; 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 7, 2026, 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 Highway Business (B-1) Zone. Finding #5 The use is not in conflict with the Comprehensive Plan (Commercial). 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: 13 1. This use shall comply with conditions noted in City Code Section 151.007 (K) (14), Commercial Recreation, Minor: a. Shall limit hours of operation between 6;00 a.m. and 11:00 p.m.; b. Shall have no facilities outside except for up to 4 pickleball courts and a patio; c. Shall be located adjacent to an arterial or collector street as identified in the Comprehensive plan; and d. Shall have all buildings setback 50 feet from all property lines. 2. All proposed uses will take place as shown on the submitted Site and Floor Plans (attached), unless as specifically noted in this Resolution or by city staff. 3. Additional landscaping shall be located along the east edge of the property to assist with screening of the outdoor courts. The applicant will be responsible for the maintenance of these trees, which will be located on city property. These trees shall be a mix of coniferous and deciduous, of species and sizes consistent with the City Code landscape requirements (151.112), and shall be planted in two rows offset from each other. Financial security shall be provided in accordance with City Code for the proposed landscaping. 4. The Fire Department requires that the applicant contracts with an architect to determine proper occupant count and egress, and that the applicant should also submit for permit approval of the party room. 5. Development of the site shall comply with the conditions noted in the City Engineering Memo (dated 04/24/26). 6. Applicant shall comply with Shakopee Public Utilities (SPU) conditions, which include the following: a. Construct new watermain relocated to an adjacent location and provide easement over the new watermain; or b. Property owner and applicant (Dropshot Pickleball) would need to sign an agreement with SPU, accepting responsibility for the removal/replacement of the courts and associated improvements, as well as waive damages from loss of use, if necessary, and hold SPU harmless. 7. 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). This fencing shall be located around the perimeter of the outdoor courts and patio area, and shall be constructed of chain link with black vinyl fabric for screening purposes (at minimum, if not fully opaque). 8. Any exterior lighting shall be directed away from the residential subdivision to the east. 9. A new sidewalk shall be constructed along the west side of the courts area, and a trail extension shall be constructed from the west terminus of the trail located between 1104 & 1112 Polk Street to the edge of the driveway running along the east side of the Shakopee Town Square. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 7th day of May, 2026. Chairperson, Board of Adjustment and Appeals 14 ATTEST: Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 485 Gorman Street Shakopee, MN 55379 15 Dropshot Pickleball CUP 1:2,257 0 0.01 0.03 0.05 mi IIIII?i? Ii 0 0.02 0.04 0.08 km 4/26/2026, 10:24:44 PM Parcels - Scott County --: Shakopee Municipal Boundary Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community Web AppBuilder for ArcGIS 16 Microsoft, Vantor I Scott County GIS I Systems Mamagement Specialist Ow v fA a am 0 mu I Proposal for Outdoor Courts Goal is to break ground spring of 2026 a, L cc m cm N M 3 L) H z a) 2 a) a) a C- D - • a▪ s • t 0 CO 0 Contact: Justin Hammerback - 612-508-0907 0 J I� p i p Ii p 64' X 120" painted asphalt Entrance Gate I I I L C) a a) 0 co L V J 0 0 0 C CD 0 J 4 -+ C a) 0 C 0 a) 0 Q z 0 m W H LL 0 z W 2 H cc 0 Z W H Q H '0 z 0 0 J _W U a) CO U C- U — Cn -O - a' O •C •- 'O CO - CO C1 CI • CO Cl, O ZS Q CO U Cn 'CS CO East side of fence. Bollards on corners and C-) CO CO L 0 N i- Courts will be painted asphault Example of what 8ft fence will look like. +.; O O CD -0 a--3 -0 O cci a) a) a all E co —0 W Q] O � U U � -a a) � O � U O C U (1) O O C a� a� L_ U U (1) C CCD 4-J LL LL a) • • • Fence will be 8 feet tall all around the perimeter with No 0 'a°E a) cd � aN) Co _ L_ a) -, }' M a--i O N N D U x 4-) -0 LU M a--i O o O 0 a5i O p O a) ce 6) O 4-1 .- C U O 'Cr) a) N P cCS U 0 N E Q c L_D •— 5 . U) U U Fs U D cti E c'd O > • > 4- E E u) a O O O cd o _,CZ cd a) to a) D a vi �' E E ii a a) •E O ccs .— cd _c a) U x m tip H a w _0 • • Key Points • Overview o The goal of this project is to add four outdoor pickleball courts to the North end of Dropshot Pickleball. This will allow us to offer outdoor play, for those that do not want to play inside during the summer. • Miscellaneous Info O 8 -foot fence around entire court area/patio with no gaps. o privacy/noise block on entire fence. 90% opacity, Black, 8 feet tall. o hours of operation will be 6am to 10pm. o Additional trees will be planted on East side of property to help with noise, however, there are already mature trees all along the East end of the property. O Total footprint of courts is 64' X 120, plus patio, which fits in the current footprint of the loading dock. • Materials o Fence will be a black coated chain link fence. It will stand 8 feet tall and have no gaps. o There will be a coded gate in the Southwest corner and also a door from inside dropshot to access the courts. o The surface will be painted asphalt. Asphalt to be done by Plehal and court painting by Tennis West. o There will be a privacy screen with 90% opacity on the entire fence. o Bollards will be added along the outside of fence in high traffic areas. 22 City of Shakopee Memorandum TO: Mark Noble, Senior Planner FROM: Darin Manning, Project Engineer SUBJECT: Conditional Use Permit (1100 Shakopee Town Square) — Outdoor Dropshot Pickleball Court PID #: CASE #: DATE: 27-093001-0 USE -000373-2026 April 24, 2026 The staff review indicates a request to review a Conditional Use Permit (CUP) to accommodate an outdoor pickleball court. The property is located on the southeast corner of Old Brickyard Road and 10th Avenue West. The Engineering department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. Submit a turning movement diagram showing that existing paved travel ways (north, east, and south) maintain adequate width for emergency and service vehicle access. 2. Final approval of the stormwater management plan shall be required if applicable. 3. Prior to any land -disturbing activity, the applicant shall obtain a grading permit or building permit. 4. Prior to installation of any fencing, the applicant shall obtain a fence permit. 5. Landscaping located on City property shall be owned and maintained by the Town Square Mall Owner. 6. Any encroachment into the watermain easement shall require approval from Shakopee Public Utilities (SPU). All conditions of SPU approval shall be satisfied. Recommendation The Engineering department recommends approval of the CUP application subject to the items above being attached as conditions of the approval. C:A Users \ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 3\@BCL@7O168B65\@BCL@70168B65.docx 23 Dropshot 1:1,128 0 0.01 0.01 0.02 mi I t ,I 3/30/2026, 3:57:40 PM Parcels - Scott County :---: Shakopee Municipal Boundary 0 0.01 0.02 0.04 km Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community Web AppBuilder for ArcGIS 24 Microsoft, Vantor I Scott County GIS I Systems Mamagement Specialist I 'F WILLA! SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee Board of Adjustment and Appeals May 7, 2026 5.b PUBLIC HEARING - Conditional Use Permit for Exterior Storage at 1555 Maras Street for Biff's Kyle Sobota, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Adopt Resolution PC2026-013. 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 Derek Pauling of Biff's has applied for a conditional use permit for one acre of exterior storage on the easternmost paved area behind the 1555 Maras Street building. The applicant is proposing to store portable toilets. The original conditional use permit for exterior storage for the 1555 building was from 2024 when the building was constructed and covered the paved outdoor area east of the 1555 building, not individual tenants. The conditional use permit for exterior storage on this site was revoked on February 5, 2026 due to compliance issues relating to another tenant of the 1555 building that has now been evicted. The portable toilets will typically be stored on the site during the winter months when the demand for portable toilets is lower. Maintenance of the units will take place inside the building and equipment for moving the units will be stored within Suite 3. Staff is recommending that the Board approve the request with the findings in the resolution and the following conditions of approval: 25 1. This conditional use permit applies only to the tenant of Suite 3 of the 1555 Maras building. Materials, equipment, and vehicles stored in the specific exterior storage area must be as described in the narrative and affiliated with the tenant of Suite 3. Storage is only permitted on paved surfaces of the assigned lease space noted on the site plan. 2. Unlicensed and inoperable vehicles must not be kept in the exterior storage area. 3. Service work or dismantling of portable toilets must take place inside the building. 4. Landscaping and screening on the site must match the original landscape plan for the construction of the 1555 Maras building in 2024 and be maintained. 5. The applicant must comply with MN State Fire Code and Shakopee Fire Dept policies. 6. A Certificate of Occupancy for Suite 3 must be received from the Building Department. 7. Trash handling must take place inside the building unless a trash enclosure that complies with City Code requirements is provided. Recommendation: Adopt the resolution, as presented. Budget Impact: N/A Attachments: Location Map Applicant Narrative Site Plan Resolution PC2026-013 Legal Description for Resolution 26 deipm Portable Restrooms Luxury Trailers Portable Sinks Barricades Temp Fence 6430 County Road 101 E Shakopee MN 55379 biffsinc.com 952.403.1221 To Whom It May Concern, Regarding the property at 1555 Maras St Shakopee 55379 conditional use permit application (CUP). The following information are the details regarding the requirements for our CUP: Biffs Inc Derek Pauling (DerekP@Biffsinc.com) Ben Schnackenberg (BenS@Biffsinc.com) 952-403-1221 lam-4pm Portable Restroom Rental and Service 2-3 employees part time The yard outside storage area will be primarily used in the winter months for Portable restroom storage (when not in use). All portable restrooms will be completely pumped of all waste prior to storage. In the summertime, the outside storage space will have limited use as the portable restrooms will be on rent for the most part. Trucks, trailers, empty storage tanks will also be on the outside storage yard space from time to time. In the spring portable restrooms will be pulled out of storage yard to deliver to customers until approximately November 1st through April 1st, where heavier outside storage needs are required. Biffs plans to utilize Bay 3 in the building adjacent for storage of equipment to move equipment in the yard (forklift/bobcat). Any repairs or breaking down of restroom units for disposal (due to retirement) to be done in bay 3 as needed. Biffs will not break down older restrooms and equipment in the storage yard, but rather in Bay 3. From time to time there may be a need to utilize the outside storage yard to stage luxury bathroom trailers, and light cleaning and repairs in bay 3 potentially. Derek Pauling CEO 28 6 SWUM. MU..ONWW0 6Y1'IC[1-t. :'ON =road -OLSRW bw �. A mWPM •($ 33dONVHS 30 ALIO NOI11O0V 1S! 133211S SV VW Mid NOISN3WIO 311S aNJ S3iviaossv s ��°`""'"'""I a34H3a` ��°'°" Pie d /,r/„., ,p,, ,,6 °w p „e 0,11 "`� �°° °° Ac w.il"° - au :0 S — ii ,,y a� .” am "" =MCP lie MCP *"^� panssl 133N1S SWIM Lnz I T/ -__ it L.L — auawase3 Alum pup"^••; 1 14 x z a6euieJa r.. z 8 a 8 RESOLUTION PC2026-013 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXTERIOR STORAGE AT 1555 MARAS STREET WHEREAS, Derek Pauling, 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 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 May 7, 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 applicant is proposing to store equipment and materials on a 170' x 235' paved area. Exterior storage had been approved on this site previously, but was revoked due to the activities of a different tenant of the building. This particular tenant has not been subject to enforcement activities relating to their storage of equipment and materials on the site. Criteria #2 Finding #2 Criteria #3 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 Screening of the storage area from adjacent properties has been provided. A conditional of approval is that the screening and landscaping be maintained. 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 conditional 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. This conditional use permit applies only to the tenant of Suite 3 of the 1555 Maras building. Materials, equipment, and vehicles stored in the specific exterior storage area must be as described in the narrative and affiliated with the tenant of Suite 3. Storage is only permitted on paved surfaces of the assigned lease space noted on the site plan. 2. Unlicensed and inoperable vehicles must not be kept in the exterior storage area. 3. Service work or dismantling of portable toilets must take place inside the building. 4. Landscaping and screening on the site must match the original landscape plan for the construction of the 1555 Maras building in 2024 and be maintained. 5. The applicant must comply with MN State Fire Code and Shakopee Fire Dept policies. 6. A Certificate of Occupancy for Suite 3 must be received from the Building Department. 7. Trash handling must take place inside the building unless a trash enclosure that complies with City Code requirements is provided. Adopted in regular session of the Board of Adjustment and Appeals of the City of Shakopee, Minnesota, held on the 7th day of May, 2026. 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