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Board of Adjustment and Appeals/Planning Commission, May 8, 2025
Shakopee City CouncilWednesday, May 14, 2025
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First item of business. Mr. Kursky, can we get a roll call, please? Yes. Commissioner Foresight here. Commissioner Wiler here. Commissioner Sandu here. Commissioner Reading here. Commissioner Ranowa here. Commissioner Spoto here. Commissioner Robbins here. All right. Second item will be the approval of the agenda. Did we have I don't recall seeing notes for the agenda or not the agenda. I'm sorry. Thinking something else. Okay, rewind. Second item tonight, the approval of tonight's agenda. Are there any additions or subtractions to tonight's agenda? No. I move to approve the agenda. Second. All right. Motion passes. All those in favor? I. Any opposed? Okay. Third item is the recognition of board and appeals of interested citizens. Are there any interested citizens here tonight that would like to discuss something not on the agenda? Nope. Audience says we're good. All right. Um item four, consent business. We have the approval of the minutes for April, right? Yes. Can I get a motion to approve the minutes? So move. I'll second. Okay, we have two votes. Do we need a roll call? No, but I'll abstain since I wasn't here. Same. So foresight abstain. All those in favor of passing the approval of last month's minutes. I I Any opposed? Okay. Uh item number five, we have two public hearings tonight. The first is for a conditional use permit request for additional accessory structures at 735 Fth Avenue West. May I get a motion to open the public hearing? So move second. We have a motion and a second. All those in favor? I. Any opposed? All right. Mr. Kursky, you have the floor. Chair and commissioners, this is a public hearing for a conditional use per accessory structure space at 735 Fth Avenue West. John Wright is the applicant and property owners requesting approval of a conditional use permit to allow the accessory structure on the property totaling up to 100% of the square foot of the principal dwelling at 735th Avenue West. Total accessory structure space in the R1C zoning district is allowed up to 10% of the lot area or 75% of the footprint of the principal structure, whichever is less. Per city code, a CUP is required to have up to 100%. The property is improved with a residence, a detached two-car garage, and a small shed. The applicant is proposing to construct an additional shed approximately 80 square feet in size. There is a home occupation permit approved in October of 2024 to allow the garage to be used as an audio recording studio. Additional space is being requested to store personal items previously stored in the garage. So, here is the um site. If I get this to work. Come on. There we go. So, here is the garage and here is the proposed shed in the corner over here. This is the principal residence in the front. So, for COP criteria, one is the use will not be injurious to the use and enjoyment of other properties in the immediate vicinity. Two is the establishment of the conditional use permit will not impede the normal and orderly development and improvement of the surrounding vacant property. Three is adequate utilities, access, roads, drainage and other necessary facilities have been or will be provided. Four is the uses consistent with the purposes of the zone and five is the use is not in conflict with the comprehensive plan. So tonight uh recommendation is adoption of resolution R2025- Z001 approving a cup with four conditions including the total accessory structures on the lot shall not exceed 1,176 square ft. The proposed accessory structure shall meet city code requirements related to setbacks construction materials and height. The accessory structure shall be used for personal use only unless additional land use approvals were obtained and compliance with the engineering memo that was attached dated April 25th, 2025. All right. Thank you, Mr. Kursky. Is the applicant here? Yes. Okay. Um, if you want to come on up, we may have a few questions for you and go ahead and sign in. And do you mind if I ask them? Yes. Sorry. I was going to so just for city staff. So again, we would be approving up to 1176. This plan only puts it at 962. Does that mean if the applicant wanted he could also build another shed up to another 200 ft? Uh let's see here. Yes. So he can't exceed 1,176 feet on the lot, right? And so right now the shed's only proposed at 80 ft. It could in theory go up to like a 280 foot shed. But when you go over I think it's 250 square feet it becomes a building. So you need a building permit. So it could be a 249 square foot shed if if plans changed. Yes. Just because um it sounds like city staff just thought for ease ease it would be better to just approve up to 100% rather than approving just the 80 square feet. Okay. Got any other questions for staff? Yeah. Madam Chair, could so this proposed shed is Mr. Kerski just I think I know this but this is for storage of materials he's using his garage um partially for a recording studio. So the stuff that was in the garage he wants to put in the shed. Thank you ma madam chair. All right. Um can you state your name for us? John Wright, thank you for being here tonight. Um, commissioners, do we have any questions for the applicant? Anything you want to add to No, it's pretty clear. You guys outlined it just like it is? Don't disagree. This seems like a pretty straightforward one tonight. Well, Madam Chair, um, I'll move we close the public hearing. All right. Mr. Robin. All right, we've got a second. Um, all those in favor? I. Any opposed? All right. Thank you. Thank you. Appreciate it. All right, commissioners. What is your pleasure? Do we need any discussion? I'll make a motion to approve resolution PC2025-00001 to allow accessory structures totaling up to 100% of the square foot of the principal dwelling. Second. All right, we have a motion and we have a second. Uh, can we get a roll call vote? Mr. Kursky. Commissioner Foresight. I. Commissioner Sandeu I. Commissioner Reading. Hi. Commissioner Ranowa. Hi. Commissioner Sepov I. Commissioner Robbins. Hi. All right, that motion passes. We will move on to our second public hearing for the night, which is a conditional use permit for vehicle repair and service in the B1 Highway business zone at 936 1st Avenue East. May I get a motion to open that public hearing? So move. I'll second it. All right, we have a motion and a second. All those in favor? I. Any opposed? All right, Mr. Kursky, back to you. So again, chair and commissioners, this is public hearing condition use permit for vehicle repair service at 936 1st Avenue East. This is the subject site. Um, if any of you know the area, get this to work. This is a dental clinic over here. This is a previously approved um, CUP that actually has some violations. We're in the process of trying to correct those violations or you will see this in July for a revocation. So, applicant um, is the property owner uh, Affinity Plumbing LLC. Current zoning is B1 Highway. It's 39 acres, 2040 comp plan. its mixeduse commercial corridor. HLG Autos is the proposed user performing routine vehicle maintenance and repairs such as um engine service, brakes, transmission repair, minor body work and detailing. Proposed operating hours on Monday through Friday 8 to 4 and they would have four to six employees. This is the site. So, they're proposing parking along the front. As you know, there are ballards the city put in years ago when the road was redone. So, um that will keep them in this area. This is the existing building and there was a secondary uh garage built in the back. Employee parking would be over here. Vehicles waiting to be picked up or serviced would be here. And this is where they would do some additional uh detailing and body work in this building here. So, this is kind of the layout of the building. There's two service bays and mechanical repair. There's overhead doors in the back. office, reception, entry, waiting area. There's a restroom storage and again there is a building in the rear. So recommendation is adopt resolution PC 2025-00002. Uh conditions or vehicle sales are not permitted. Service of vehicles must take place inside the building. A change of occupancy permit is required prior to operation of this business. Hours of operation would be limited from 8:00 to 7:00 p.m. The proposed portable paint booth are not permitted by city fire code. So that would not be allowed. Exterior storage of unlicensed or inoperable vehicles, dumpsters or vehicle parts are not permitted. And all vehicles associated with the business and customers must be parked on the site, not on any streets or adjacent properties. Some of you remember this was vehicle repair until it converted to the plumbing business. And then Mr. Kursky, if I can, just so we're we're clear, is is the plumbing business moving out? Plumbing business is gone. Chair, oh, it's the site's currently vacant. Where did affinity? They're still here. He's still here, but they have not gone out of business, but they just moved. Came perfect. Great. There you go. Um, okay. Because my concern was where are they all going to park? But now this is this makes a lot more sense. Thank you. And if the proposed tenant should not move forward, we would come back and the building's currently under contract. If that use goes in there and it's not if it's a permitted use and not this use, we would come back to you the next meeting and then basically withdraw this if they move forward with the other user. And by by us approving this, they still need to do the change of occupancy permit process. Yep. So if they don't do that, building stays vacant. But if they get a different user that's permitted without any conditional uses, they would just get a change of occupancy and that user could move in there and then we would come back to you and basically we would extinguish this cup. Got it. Thank you, madam chair. Yes, Mr. Kerki. Um, I'm a little bit confused. There's a lot of things that we he can't do. What exactly are we acting on? Just so I understand. So, the chair commissioner's vehicle repair requires a conditional use. There was vehicle repair in here, but that use stopped. So, once a use stops and the plumbing business went in here, that use does not go forever. they're back as a backup to get this as a CUP for vehicle repair because it's a potential use of the building and if they don't get someone for vehicle repair, we'll be back to take this use away. All right, Madam Chair, could I just say one followup? But say you've been clear or were clear in the report, you can't sell vehicles. This is for vehicle repair. There's no sale of vehicles. Correct. So, chair and commissioners, the city council changed years ago before my time uh and prohibited used vehicle sales unless you were new car dealer. So, there are some remaining used car lots that were grandfathered in that as long as they stay in business and don't go out of business for a period of more than 180 days, they can stay. So, there's several in this area that are grandfathered in, but there are no new ones allowed in the city. Thank you, Madam Chair. And one question, the repair is going to happen in the existing what's noted block and frame building. Is that where the repair work's going to be? Chair and commissioners. Correct. And they also have a another garage that was built in the back that they could use. Is that the one with the three cars that are going horizontal? Yeah. Okay. All right. I just thought of a question, but I have for the applicant. Okay. Um, any additional questions for Mr. Kurski? If not, uh, we'll invite the applicant to come up, answer a few questions. If you could sign in, and then state your name, please. Uh, Clay Monzer. So, before we begin with our question, do you have anything to add to the presentation? Um he was just stating that the property is under contract for a permanent use currently. So this might just be for nothing. Um but that is the the best use for the premises would be an auto since I've had it for sale. Everybody wanted to sell cars there. So um so that has been removed obviously off this conditional use. But the second backup spot would be mechanical repair like it was before. So that's all. Got it. Okay, then I will start. Um, so the the vehicles that are at the top of that diagram and then the three on the side, what what is the what is what is the intent of of those spots? Are they just like after they've been worked on, then that's where they go sit until someone picks them up? Is that the intent? Yes. Okay. um 12 spark parking spots total to be used for customers um andor overflow parking the uh or employee parking as those two in the back can no longer be there. So because it it's in the uh the rightway or on the side there so they would need to move to the front. Um originally this was drafted for auto sales. So that's why there's so many out front. Got it. Okay. That that was where I was going. So thank you for addressing that. Okay, go ahead, Mr. Evans. Um, what kind of business are you expecting here? I mean, how many you're going to repair vehicles, not sell them, repair them. How many vehicles are you estimating that you'll be able to do in a month or a year or whatever? So, again, this is this is for a potential renter. So, when they do the change of occupancy, that will also be established at that point. But I would meet all the terms set forth by you guys. I guess if there's certain stipulations to put on it for the new conditional use for the new tenant. Well, let me put it a little differently. What do you need? This is business for you. So, you certainly need to be able to repair a certain amount of automobiles to make a profit. Am I right? He's a renter. He's the landlord. I'm the landlord. He's the land owner. All right. Affinity. Right. Correct. Yeah. Okay. Y sorry. Yeah. My fault. Now I got it. All right. And then my only question is right. So there are a couple conditions on there, right? You can't sell vehicles and you can't have portable paint booths. Is that going to be okay with whoever the tenant is? Cuz I saw it okay. That'll be a condition of Yeah. Well, cuz I saw painting was one of the things that you know, the light body work side of things, right? If if they did anything, it would be a PDR. Okay. I don't know what Sorry. Paintless dent removal. Got it. Yep. Yeah. I'm not I was trying a broad conditional use permit for a potential renter is what I was trying to do. Yep. Okay. So then, sorry, you will be the landlord to whomever comes into this building and so it'll be on you to uphold all of the conditional uses and ensuring that they're sticking to what they said they were going to do. You're correct. Okay, great. Any other questions from commissioners? Okay. We appreciate your time. Thank you. Thank you. Okay. Uh, commissioners, I will hold a motion to either close the public hearing or we can have some continued discussion. I'll move to close the public hearing. All right. Commissioner Foresight moves to close the public hearing. Commissioner Robin seconds. All those in favor? I. Any oppose? Okay. Uh, that passes. So, commissioners, what is your pleasure with this one tonight? I'll move that we approve resolution PC25-002, the conditional use permit for vehicle repair. I'll second it. Uh, Commissioner Forsythe makes the motion. Commissioner Rano seconds. Can we have a roll call vote, please? Mr. Kurski. Commissioner Foresight. Hi. Commissioner Wiler. Hi. Commissioner Sandu. Hi. Commissioner Reading. Hi, Commissioner Ranowella. Hi, Commissioner Seovm. I Commissioner Robbins. Hi. All right, that motion passes. Item six, other business. Mr. Kursky, is there any other business? No, ma'am. Um, Commissioner Robbins, you had mentioned an item you wanted to discuss. Well, I'm just curious. Um, do we have any as we turn to the summer, any tours in our future? Are we going to take tour at some point? We took one I think last year. It's really up to the board whether they want to do another one. Oh, all right. Fair enough. Thanks. I mean, if that tours include the amp theater, then yes. Right. I mean, I'm I'm personally interested in that specifically. In all seriousness, I was actually trying to figure out when when is that scheduled to be complete? July. It's not they're not going to have any concerts this year. No, but when is it scheduled to be like completed? This year. Okay. So, it's no longer summer. Got it. Okay. Um, no. I I too wanted to see more of the the finished product of it. Do we have enough going on in the city at the moment where like an August time frame would be beneficial or do we maybe need to table it till next spring? Plenty going on. Yeah. What's that? I didn't hear. There's plenty going on. I just want to make sure it's worth it. It's got the value, right? I like the idea of later in the summer. I think that's good. Yeah, I think that's usually we do it like mid to late August. Yes, we usually do the you're the first Thursday whenever after the council meeting. We usually do it at that meeting or the following week. Yep. Great. So, um there's a lot going on. So, we are going to try and get out or we're not. Yes. And I think the consensus was we retired for August because at least the amphitheater will be much further along and there'll be other things moving. I think it's a good idea even on a yearly basis to get out of this building and go see what we're we do. All right. Thank you, Madam Chair. Okay. Great. Uh thank you for bringing that, Mr. Robbins. All right. I will now entertain a motion to adjourn to Thursday, June 4th, 2025 at 7 p.m. So move. We have a motion. Second. Second. We have a second. Several seconds. Two seconds. Anybody? All those in favor? Any opposed? All right. We are adjourned. And I will just prepare you. I do not believe as of today there was anything on either of these agendas for June. So, oh, so we we're not going to be meeting because that's the last day of school. This meeting in June is always on the last and I won't be here. So, there'll be somebody else running it. So, great. So again, Madam Chair, so you're not anticipating we're going to meet in June. Probably not. I I have I will know better sometime this week, but as of today, there was nothing. All right. Thank you. All right. Let's call to order the shock be a commission meeting uh Thursday, May 8th at, you know, 7:22ish. We'll start with item uh one on the agenda. Roll call. Excuse. Commissioner Foresight here. Commissioner Wiler here. Commissioner Sandu here. Commissioner Reading here. Commissioner Renova here. Commissioner Sovo here. Commissioner Robbins here. Thank you. We'll move on to item two. Approval of the agenda. Are there any additions or corrections to the agenda? Seeing none, I'll entertain a motion to approve the agenda. I got Commissioner Wer with that. Commissioner Rando with the second. Uh any discussion? All in favor say I. I. Any opposed? Great. We move on to item three, recognition by planning commission of interested citizens. Is there anybody here who would like to speak to the planning commission on anything that's not on the agenda? All right, great. We want item four, the consent agenda. The only thing in the consent agenda is the approval of meeting minutes from the April meeting. Um, again, I wasn't there, so I'll abstain. Same. Commissioner SOA will also abstain. Are there any additions or corrections to the meeting minutes? Hearing none, I'll entertain a motion to approve the consent agenda. I'll make the motion. Commissioner Rand got in there really quick. Is there a second? Hard to get in front of Rob. Second. Can Commissioner Sand do? Great. All right, we got a motion, a second. Any discussion on uh the approving the consent agenda? Got a timer going over. All right. Uh hearing none. Uh all in favor of approving the consent agenda. I Any opposed? Great. We went to item five, other business. Is there any other business? Seeing none, we move on item six and entertain a motion to adjurnn. So move. We discussed that for just a second. And we'll get there. Is there a second? Who who made the motion? Poving with the second. Now, Commissioner Miler, is there any discussion on whether to adjourn the meeting or not? No, I guess not. All right. All in favor say I. I. Any oppose? All right. We're adjourned at 7:24.