Shakopee City Council — Transcript

Thursday, October 8, 2026

Stormwater Basin Setback Variance

Preliminary and Final Plat for Third Avenue West Apartments

Votes (2)

Variance Request to Stormwater Basin Setback at 1984 Sparrow Drive

6-0 Approved

Dissent: None

Moved by Commissioner Robbins [7:02] · Seconded by Commissioner Robbins [7:02]

The discussion centered on a request for a 6-foot variance from the 30-foot stormwater basin setback to allow for a 14x15 foot deck at 1984 Sparrow Drive. Staff presented that the property is part of a PUD where other lots were granted a 20-foot setback, and the 8-foot city code limit would result in a 'tiny deck'. Commissioners inquired about the risk of flooding, noting the deck's elevated structure and the unlikelihood of a 500-year flood reaching it. No public comment was made, and the applicant agreed with the staff's recommendation.

Preliminary and Final Plat for Third Avenue West Apartments

6-0 Approved

Dissent: None

Moved by Commissioner Robbins [7:10] · Seconded by Commissioner Wiler [7:10]

The Planning Commission held a public hearing for the plat of a 180-unit affordable apartment building. Staff presented the project details, including its zoning (B1/R3), mixed-use comprehensive plan designation, and adherence to design standards. Key issues included the preservation of a conservation easement, extensive tree replacement requirements (including DNR permits for butternut trees), and traffic/pedestrian access. The applicant detailed their long-term ownership commitment (15+ years), the income-restricted nature of the housing (30-60% AMI for workforce), and confirmed no variances were requested. Public comments raised concerns about local infrastructure (sidewalks, traffic), noise from adjacent industrial businesses, and the challenge of construction in areas with hard bedrock. Commissioners acknowledged public concerns but emphasized the project's compliance with city code, the documented need for affordable housing, and the developer's commitment to the community.

Notable Quotes (9)

So the if they had to comply to the current city code that deck could only be 8 feet deep.

Variance Request to Stormwater Basin Setback at 1984 Sparrow Drive

So, in a 100red-year event, you would have water in the backyard here, but it's very unlikely it's ever going to get back up to the house. I mean that even in a 500y year event it likely would not come any near this deck.

Variance Request to Stormwater Basin Setback at 1984 Sparrow Drive

So the city code does have an allowance that you can contribute cash in lie of the replacement trees and when we use those funds to install um street trees. So if you look verling drive for instance it's got a lot of new trees those came out of the tree fund.

Preliminary and Final Plat for Third Avenue West Apartments

So a family of four would need to make $60,000 to meet the 60%.

Preliminary and Final Plat for Third Avenue West Apartments

So, like I said, this is more of the missing middle. It is not section 8. It is not market rate housing. It is called section 42 housing. What that means is that it's based off household size and the residents, perspect pro prospective residents that would live here, their household incomes range anywhere between $30,000 a year to $90,000 a year. And so it's a lot of our residents across the state and the country are your everyday workforce. It's your admin workers, your public safety, your firefighters.

— Ian Schwickerts [approx. 7:30]
Preliminary and Final Plat for Third Avenue West Apartments

I'm concerned about plenty of things. I think it's a bad idea to plop this many people on the west side over there when the infrastructure doesn't support it. Uh on Third Avenue, for example, there are no sidewalks all the way down that road until you get down blocks and blocks down the road.

— Tim Mins [approx. 7:45]
Preliminary and Final Plat for Third Avenue West Apartments

My other thing I want to say is across from here, uh, the industries, uh, extremely loud. They sand blast all day long and then the culbert company, they cut culverts. They start early and it's a loud grinding noise. Just a heads up. It's a very noisy, very populated. The trucks coming down that highway Jake break it all the way down till they get around the corner. Some of them all the way down Third Street. So I just wanted to let everyone know that you're putting residents there. It's going to be noisy.

— John Link [approx. 7:45]
Preliminary and Final Plat for Third Avenue West Apartments

It's a big project, but I think you've done a lot of work on it. Um there are easements on this. you have a lot of approvals that you have to get yet before you can dig one hole, one one um and I like the idea, frankly, of of the affordable building. You know, I think people sometimes forget about affordability. Affordability at 60% is like $60,000 a year. And when you think about it, we've said this before in this meeting, when you think of our police officers or our firefighters now, they they probably make a little more than that, but they're working people and we need them and they need some place to live and to rent. So, I'm I'm pleased with that that kind of provision and your proposal

— Commissioner Robbins [7:10]
Preliminary and Final Plat for Third Avenue West Apartments

I work with a lot of families when what I do and like it's hard to find a place to live in this town sometimes that's affordable at all. If you have kids you can't afford a single family home if you're a starter family in this town. It's really difficult.

— Commissioner Vandervine [7:10]
Preliminary and Final Plat for Third Avenue West Apartments

Ordinances & Resolutions (13)

Resolution PC 2026-020Resolution

Resolution recommending approval of a 6-foot variance to the 30-foot high water setback line at 1984 Sparrow Drive.

City CodeOther

Governing document for setback limits and tree replacement requirements.

PUD amendmentOther

Previous amendment granted to MI Homes developer for 20-foot stormwater basin setback on other lots in Valley Crest PUD.

building permitPermit

Required for the deck construction; the variance expires if not applied for within one year.

Preliminary and Final Plat of Third Avenue West ApartmentsPlan

The proposed subdivision plan for the apartment complex.

R2026-146Resolution

Resolution for recommending approval of the Third Avenue West Apartments plat to the city council.

2040 Comp PlanPlan

City's comprehensive plan, which designates the apartment site as a 'mixed-use employment center'.

DNR permitPermit

Required from the Minnesota DNR for the removal of butternut trees.

private activity bondsOther

State-funded, tax-exempt bonds applied for by the developer to fund the affordable housing project.

tax creditsOther

Housing tax credits applied for through the Minnesota Housing Finance Agency, sold to institutional banks.

CRA needOther

Community Revitalization Act of 1972 requirement for institutional banks to invest in affordable housing.

Geotechnical studyOther

Study conducted to determine bedrock conditions on the apartment site.

Environmental Service and Engineer Bronn IntertechOther

Company that conducted the geotechnical study for the apartment project.

View Source
Shakopee City Council - Shakopee Recorder