We're good to go, sir. I will call the Shakopee Board of Adjustments and Appeals to order Thursday, February 5th, 2026. It is 7:02 p.m. First item of business, Mr. Kursky, can we get a roll call, please? Yes, ma'am. Commissioner Forsyth. Here. Commissioner Wiler. Here. Commissioner Sandhu. Here. Commissioner Redding. Commissioner Ranwa. Here. Commissioner Spoden. Here. Commissioner Robbins. Here. Wonderful. Second item tonight is the approval of the agenda. Are there any additions or subtractions to tonight's agenda, Mr. I then I approve I I move to approve the agenda as written. I second. All right. We've got Forsyth with the motion to move to approve the agenda. I heard Ranwa with second. All those in favor? I. Any opposed? All right. That passes. Third item is recommend recognition by the Board of Adjustment and Appeals of interested citizens. Are there any interested citizens here tonight that would like to discuss something that is not on the agenda? Okay. Seeing none, we will move on to consent agenda. We have the approval of the BO the Board of Adjustment and Appeals meeting from January 8th, 2026. May I get a motion to approve the minutes? So moved. Second. All right. We've got Commissioner Ranwa with the motion to approve the minutes. Commissioner Robbins with the second. All those in favor? I. Any opposed? All right. That passes. Item five. We have five items under general business tonight, including two public hearings. The first item is a public hearing for conditional use permit request for an overhead fence in the front yard of 5005 Dean Lakes Boulevard. May I get a motion to open the public hearing? >> So moved. And a second? Okay. Commissioner Robbins with the motion to open, Commissioner Forsyth with the second. All those in favor? Aye. Opposed? All right, Mr. Kursky, you have the floor. Yep. Of course, nothing's working tonight. They replaced the computer today. I think the people were leaving it They're making problems. Bear with me one second, please. The bar computer >> just went out. Yeah. Brand new, so I know. Looks like something's coming up. There we go. I got to unplug it and plug it back in again. But not. It sucks. Good races. First thing is >> No way. I can't log in. That's what the issue is. Oh, so we can't even like follow along with our packets. >> There's no way to log in. Do you guys want to take a quick break so they can fix it? I like a journal. Do you want to do a quick recess? I'll entertain a motion to take a brief recess while we identify the technical issues. Yes, I move. Okay, Commissioner Forsyth with the motion to take a brief recess. Second. And Commissioner Robinson with the second. We will take a recess until this issue Anyone opposed? All those in favor? >> But, oh, do we? I don't know. I thought we moved to go to this. That's what I think we need to move to. >> Yeah, okay. I will entertain a motion to re- turn. So moved. >> Okay. Commissioner Robbins with the motion. Seconded. Commissioner Sandu with the second. All those in favor? Aye. >> Aye. Any opposed? All right, we are back in session. Public hearing conditional use permit for over-height fence in the front yard at 5005 Dean Lakes Boulevard. Mr. Kurski, you have the floor. Thank you, Chair. So, GN Resound uh is requesting on behalf of Broadstone SF Minnesota LLC, the property owner, a approval of a conditional use permit to allow a fence greater than 3 ft in height in the front yard at 55 5005 Dean Lakes Boulevard. Subject property is 22.77 acres in size in the business park zone. GN Resound is a global leader in a intelligent hearing, audio, video, and gaming solutions. They moved their North American headquarters here last year. They would like to install an 8-ft black ornamental fit fence from the east side of the southwest corner of the building to the southeast corner of the building enclosing their shipping and receiving area. The easterly driveway will be converted to an exit only to reduce potential for any stacking on the city street. City code section 111.02 allows fencing 8 ft or greater in height in commercial and industrial areas with a CUP. So, here is the site and you can see on the screen, this is the area they're going to be installing the uh new fence. And here's a photograph. So, here will be the entrance gate over here and their exit gate over here. And sorry, is that fencing in a loading dock? Is that what that is? Yeah, I think they're They have a lot of electronics and things so they want to protect that area from any intrusion. Sounds good. So, recommendations through adopted resolution R 2026-004 approving a CUP for an 8-foot fence in the front yard of 5005 Dean Lakes Boulevard with six conditions including a building permit for the fence. Fence shall be located between the existing landscaping and the curb outside of the drainage and utility easements. The easterly driveway shall be designated with a sign exit only. Applicant shall comply with the engineering department memo dated January 22nd, 2026. The fire department requires a key box at the gates. And per Shakopee Public Utilities, the fence shall be 10 feet from the water line and 5 feet from the underground electrical lines. Shakopee Public Utilities must have access to the key box to open the fence to perform maintenance on the electric transformer. Good. Right. Pretty straightforward. >> Thank you, Mr. Kursky. Yes, ma'am. Uh do we have anyone representing this one tonight? Does Yes. Does anyone have any questions for the applicant? Pretty straightforward. None. No? Fair enough. All right. If there is no need for discussion or questions, I'll entertain a motion to close the public hearing. >> Second. >> Commissioner Robbins with the motion to close, Commissioner Sandhu with the second. Uh all those in favor? I. I. Any opposed? All right. What is our desire with this straightforward resolution this evening? >> I I move to adopt resolution R2026-2004 approving the CUP for 8-ft height fence in the front yard of the 5 5005 Deansgate Boulevard with six conditions. Second. All right. Not that it necessarily matters a lot, but so on the presentation it says R2026 for the resolution. On our agenda it says PC2026. Which one is it? It's it it's resolution 2026, so we're fine. Okay. I just want to make sure that we're not uh doing the wrong thing there. Uh, Commissioner Ranawell with the motion to approve, Commissioner Robbins with the second. Mr. Kurski, can we do a roll call vote? >> Yep. Commissioner Forsythe. I. Commissioner Wyler. I. Commissioner Sandhu. I. Commissioner Ranawell. I. Commissioner Sepulveda. I. Commissioner Robin. I. All right. That motion passes. Uh, item two tonight is not a public hearing, uh, but a revocation of conditional use permit for exterior storage of vehicles at 1515 Maraz Street. Mr. Kurski. This third one looks through Exterior storage of vehicles. >> 1550, yep. Uh, yep. They're all addressed the same, that's why I had to ask. Oh, sure. They sure are. The next two have their permit numbers on them. >> Yes. Okay. Again, this is revocation of conditional use permit for exterior storage at 1550 Marris Street. Uh, if you remember, um, PRS Towing was back here. Um, they're leasing space at 1550 Marris. The Board of Adjustments approved this UP resolution R-25-006 with nine conditions to allow exterior storage on November 6th, 2025. Again, this is the original diagram. This is the area that we're talking about. Approved a CUP for exterior storage with nine conditions including total exterior storage should not exceed 20,000 square feet, maximum of 30 vehicles, cars, trucks, semi-trucks, boats should be stored inside the fenced area. No storage outside of the fenced area would be permitted. Moving the fencing a minimum of 20 feet from the west property line. Plant two deciduous trees a minimum of 2 and 1/2 inch caliper on approved species by June 1st, 2026. Submit an escrow along with a two-year warranty on or before December 15th, 2025. Business should obtain and maintain all required local and state licenses. Submit proof of insurance annually. No storage of scrap tires, car hulks, etc. Auto repair and service were not permitted and self-storage of vehicles is not permitted as part of the CUP. City code section 151.011J allows the Board of Adjustment and Appeals to revoke a permit upon violation of any condition of the permit or requirement of the city code 151 or violation of state or federal or local regulations. Staff completed site inspections on the 29th of January and determined the following items were not in compliance. Total the storage shall not exceed the 20,000 square feet, maximum of 30 vehicles, the moving the fence, submitting the escrow along with the 2-year warranty. Business shall obtain and maintain all required local and state licenses, and no storage or scrap tires, car hulks, etc. So, here was the site inspection. Um they did apply, I believe, today for their um Shakopee towing license. They have not submitted their um bond yet. Um Madam Chair. Go ahead. Mr. Kierski, is there history to this, or is this the first time? Is this the first time we've seen this? If you remember back when they came, they opened without getting the CUP cuz they thought somebody else had gotten the CUP, which they hadn't, and then you all gave them the CUP, but you warned them that you would be revoking the permit if they didn't meet the conditions of the CUP. And am I right in assuming that all of the items that we just saw on the slide that they have not met any of those? They did apply uh either yesterday or today for their license, the city license. Yeah, there was like one or two bullets that were removed from the list under that last slide that said >> Oh, all right. All right. >> Very good. Thank you, Madam Chair. Okay, this is not a public hearing, so this is strictly up for discussion. If you remember the rules, you look look at the evidence, and you sit as kind of judge and jury, and have to make a decision based on the evidence submitted, um what your decision will be. Yeah. Excellent. Thank you for the reminder. >> So, if we if we revoke the CUP, right, and then they decide, we still want to run the business, we are going to, on our own, meet all these conditions. They can come back in front of us for another CUP, right? Yes, or they could meet all their conditions and appeal to the city council within 10 days of this meeting and this decision. So, it would be actually be 10 days from tomorrow morning. And then appeal to city council. If you remember, Mr. Hansen did this on one of his other properties and you all denied it. He fixed everything and went to the city council and then showed he had done everything within after that 10-day period and then they granted him back his CUP. >> Okay. What um what happens in the meantime? So, if we do the revocation tonight, yes, they have they have 10 days >> So, he has 10 days to appeal. If they don't file within that 10 days, they would be shut down and not licensed in the city and will turn over to the police department for enforcement. Madam Chair, you know, I think it's this is a pretty clear-cut case. I'm particularly uh concerned about the number of vehicles that he's put on that site uh in violation of the conditions that we said uh were necessary in order to get a conditional use permit. So, I just I think there's clear evidence as as Mr. Kirsky said and uh that uh the the revocation should should go forward. I also think there's a very clear history of issues at this site and around the site. And at some point, it's got to be put to an end. Yeah, and even if you don't take the history into account, right? I mean, like the the conditions were clear and it was inspected whatever a week ago. Yep. And the conditions weren't met. I mean And it's not that all of them but one were met. It's It's like they were 90% there, but aren't there yet. Um I just >> they were given very clear warning. >> That's right. In November. Yep. So, they've had 2 months, plenty of time to make much more meaningful progress. >> and if this is the wake-up call they need, they have 10 days to to do work on the site, so. Um Yeah, I don't know if there's really much else to say on my part and anybody else. I mean, I think we we all want to see, you know, businesses, you know, in operation. There's just, you know, some boundaries, you know, to make this, you know, a beautiful space and a safe space, and that's why there are these conditions, and you know, if they're doable, and we we want to work with you guys, and but in this case, you know, yeah, this might be might might might be the move, but it doesn't mean you you can't meet that in the future. It's all These are all doable things. Yeah, and with that I move that we approve resolution PC 2026-005 revoking the conditional use permit for exterior storage of vehicles at 1515 Maris Street. Second. All right, we have Commissioner Forsyth with the motion, Commissioner Robbins with the second. Uh can we get a roll call vote? Commissioner Forsyth. Aye. Commissioner Weiler. Aye. Commissioner Sandhu. Aye. Commissioner Ranawat. Aye. Commissioner Sepulveda. Aye. Commissioner Robbins. Aye. All right, that item passes. Uh next item tonight is also not a public hearing. Uh it is a review by the Board of Adjustments and Appeals of a conditional use permit PC 2024-005 exterior storage at 1515 Maris Street. Yes, I believe that. I think it's the top one. I think that's the next one. No, that's this one. They're all 1555. Yes, this is 1555, not 1515. >> 1555? Yes, this is this one. Yeah. >> then I got the right one. This one's 1555. That's right, instead of 1515. Okay, so this is a conditional use permit for exterior storage at 1555 Mirror Street. Staff received complaints about storage area being used for semi truck parking and unlicensed vehicles. The property owner applied for a conditional use permit for exterior storage specifying a specific storage spaces for tenants of the 1555 Mirrors building. Staff visited the site and saw compliance issues with the existing exterior storage conditional use permit. Photos of the site were included in previous presentations. The property is not in compliance with the existing conditional use permit when the applicant applied for the conditional use. Staff visited the site January 8th, 2026 and informed the applicant of the violations. Staff visited the site again on January 29th, 2026 and saw unlicensed and inoperable vehicles and informed the applicant and his attorney there's been no response. So, city has not received any evidence that the proposed use will be injurious. We find that the city has received complaints, so they're in violation of that. So, recommendation is to adopt resolution PC 2026-003, which denies the proposed conditional use permit request for exterior storage. And just to clarify, we have still not received any kind of a response from them as of this evening. No. And this is what we tabled last meeting, is that right? >> Yes. Yeah, okay. Got it. Okay. Um any other discussion needed by the board? So again, to be sure, this is not a conditional use permit that has been granted that we are rescinding. Yeah, you'll see, I think um Oh, sorry. There is a conditional use permit from 2024. >> That we're rescinding. Yeah, we there's a lot of going on at this property. Long story short, the applicant, Mr. Hansen, didn't want to apply for separate ones for each use. And so, basically, now we have to rescind, deny, and then rescind his existing conditional use cuz now the whole building is not in compliance. And do we know how many businesses that this I think there's two or three in the building. And so, this this would rescind the conditional use permit from 2024. And all two or three of those businesses now will not be able to do business at this location. Correct. So, if you look the next the last one is a conditional use permit at this address, which we're going to recommend denial of because the whole property is not in compliance. Got it. Okay. So, >> isn't the one you tabled. This is one that you approved in 2024, but it's out of compliance, and you can't allow somebody to have a conditional use permit when the property is completely out of compliance. >> Yes. Okay. Number five, public hearing, is the one we tabled. Yes. Right. So, 5C on our agenda is resolution PC 2026 2026-007. And the presentation was PC 2026-003. So, let's see. Since we also could not access the agendas No, I just want to make sure like I want to make sure we're voting on the right thing. >> Yeah, we just want to make sure we have the right number. So, look at someone if you could look at 5E and tell me which resolution is on that cuz it didn't This one 5E is 2026-003. Okay. And that's a resolution denying the conditional use permit request at 1555 Maris Street. >> And that was the presentation we just got. So, it looks like we're discussing 5E now >> Yes. rather than 5C. >> Yes. Okay. Okay. So, we're just we're on 5E right now. So Okay. Don't we have to do the public hearing for that then? >> No. Oh. For the Do we have to If we're doing the 5E >> So, somebody needs to open a public hearing right now. Yes. Okay. So, we need to open a public >> the public hearing now. >> Oh, okay. Sorry. Madam Chair, I move that we open the public hearing. And I'll second that. >> All right. Commissioner Robin moves that we open the public hearing. Commissioner Forsyth seconds. We are currently on item 5E, the public hearing for conditional use permit for exterior storage at 1555 Maris Street. And just to be sure, we don't need to have gone through those in order, right? We don't need to have acted on 5C before doing 5E. It doesn't really matter. They're all They're all denials. So >> Yeah, right. So, what really needs to happen is Mr. Hansen, who's out of the country but came in and applied for these and and is answering his email out of the country knows that these are all a mess. So staff's recommendation is deny them and then he can appeal back to the city council and explain why he didn't bring any of these into compliance, otherwise they'll be rescinded. And if you remember the first time he had his attorney here and pled his case. I mean, we gave him that option to send his attorney and he chose not to. So, clearly this isn't important to him. He's off out of the country. >> But it affects his tenants. >> two or three businesses. Yes, okay. I mean, it affects the businesses but it's the board's not here to enforce the conditions, and it he's the one affecting the businesses cuz he's failing to comply. Right. Cuz it runs with the land. It's his property. We are in a public hearing, so you are more than welcome to come up, sign in, and state your name, and then you may ask away. One inch closer. Do you want my home address or the business address? >> the business address. Okay. While he's doing that, if you remember, this got tabled last time because he said he was going to clean up the property, and we gave him a month to do that. Yeah. Right, yeah. Whose mess is it though? Is it the land owner's mess, or is it the tenant's mess? Who who's aware, and who knows? I mean, it's not our responsibility to go out and identify whose mess is there. It's Right, yeah. And if he had taken out, which our recommendation was separate CUPs for the business, >> Yeah. he didn't want to do that. So, that's what staff's recommendation was to him, take a CUP out for each tenant. That way, if a tenant's in compliance, he's going to get rid of that tenant. Yeah. But he chose not to do that. So, Anyway. I think technically he's responsible. >> Go ahead. Um my name's Adam Matecus. I'm here representing one of the tenants there, TK Marine or TK Outdoor. I'm not sure which company name he has uh You could pull that closer to you. >> Sorry. Um he has a summer business that does docks and lifts, boat winterization, storage, shrink wrapping, stuff like that. And then in the winter, a snow plowing business. So, that's why there's two different names, why I mentioned TK Marine or TK Outdoor. Dan, who is the property manager, I don't I don't know exactly what his title is, but he works for >> Okay. Dan sent me a picture of like an hour ago that he was in an ambulance having a heart attack on his way to the hospital, otherwise he would be here. So, I think he might be able to shed some light. But, regardless of that, for TK's businesses to operate, we're right next door to all of the pictures of the semi's. That's a different tenant. I believe they are unit six. And we're unit five. I know they flip-flop flip-flop something at one point in time. We were unit two and now we're unit five or vice versa. Anyway, everything that's pictured, cuz I looked through the file really quick, all of those trucks are all part of a diesel repair shop that is next door that doesn't really affect anything that we do. Um everything that's on in the assigned area that we have is our equipment for either for snow or doing boat seasonal stuff, you know, a few a couple of boat lifts or whatever that we're in transit of. And I just want to know what we need to do or what we can do to make sure that we can still stay in business legally, you know, um if it's inside or outside of whatever Hanson's So, my suggestion would be you should talk to your landlord, Mr. Hanson, or his representative, his attorney, someone Yeah. and tell them they need to apply for separate CUP's cuz right now, even though you're one building with separate tenants, he only has one CUP. So, when someone in that building violates a CUP, you're all in violation. Right. Yeah, guilty by association. Yeah. >> Wrong place, wrong time. Okay. So, it has to be something that we have to do with them and then they have to Yes. apply for it and do it. Yeah, Mr. Hanson needs to remedy the situation. And he's well aware of this issue. >> Oh, yeah, I'm I'm sure he is. I mean, I've talked to Dan several times and, you know, saw him earlier this morning and said he was coming. And then he was at like a medical place earlier and then he sent me a picture from inside an ambulance. So, I Yeah. Then sorry for that. I'm sorry you're getting caught up in this, right? I mean >> Oh, yeah. Yeah. Um then I don't So, and I don't know if he would have changed anything by Right. being here or not. I don't know. >> been here before and it's always like I'm going to I'm going to clean it up tomorrow. Yeah. I promise tomorrow never comes. Yeah. I mean, I can tell you there's a lot less trucks there, but I not really my place to, you know, I'm just concerned about the TK operation. >> Yeah. >> And just want to make sure that, you know, we can go to work every day. So, can you put your materials inside? We We really don't have much for materials. We have equipment that we take on site. So, like we have a boat that has forks on it to pick up docks and lifts and put them on shore and then put them back in the water. So, like we have a service vehicles and then we have snow plowing equipment that's on site in the winter and like sits in the lot in the summer. So, we don't really have you know, we have a bunch of boats that run through there in the spring and the fall just to peel shrink wrap off, put shrink wrap on, but other than that, like we don't store anything there that's not ours for any period of time. Um it's like 99% of the stuff that's there is TK equipment licensed owned ownership >> suggestions would be to have that company under the two names apply for their own CUP. We Can we do that without You have to have the property owner's permission, but >> Okay. Yeah, you can. Okay. He just chose not to. Yeah. And again, if we deny this conditional use permit request tonight, there is still that 10-day period where they they would be able to sort of get this all figured >> and the other person that you're going to hopefully revoke their existing CUP, the truck company that we're talking about. So, there'd be no CUPs out there. The better route would be for them to apply for their own so that they're not >> Them, TK Marine. Yeah. Right. I missed Madam Chair. Yeah. So, do you understand what what's happened here? I mean, why we have to do this and do you understand what your options are? You can go and talk and see if they can apply for a separate Yeah, if we could do that on our own with the permission of the >> unit you're in, I would apply for whatever that unit number is. But, we need Eugene's permission to do that. Okay. Okay. So, that should be doable. Um 10 days is the normal thing. I don't You you can appeal to the city council in 10 days, but the issue is going to be the other the other tenants are out of compliance, so unless something magically happens in those 10 days, the council is likely going to deny it. So, my suggestion to protect yourself would just go ahead and apply for your own. Okay, and then that could give us the buffer we need and they can figure out whatever they have to figure out for the rest of the building and the other units and it won't affect us. Okay. Yeah, I mean, that was really the big thing is just to find out because of somebody else, what trouble we could potentially be in. So. >> Right. Yeah, fair. Okay. All right. Mr. Krisky, at some point you mentioned like police action if we revoke this at their you'd forward this on to the police. So, what what would happen at that point? >> So, with them if as long as they apply, they would be okay. So, the police wouldn't be like ordering removal of their stuff if they applied for a CUP. Okay. Okay. Okay. Well, I'll make sure we have something done in less than 10 days. All right, thank thank you. >> a wedding in the Dominican Republic on the 18th, so. Thanks. That's great. Thank you. >> Thank you. All right. Um again, this is still a public hearing. So, if someone would like to come up and speak on this issue, we welcome you. Okay. If there is no other public comment, I will entertain a motion to close the public hearing. >> So moved. Uh Commissioner Robbins with the motion. >> second. And Commissioner Forsythe with the second. All those in favor? I. Any opposed? Okay. Uh discussion? Or motion? Yeah, I mean, I move that we adopt resolution PC 26 2026-003 denying the proposed condition use permit request for exterior storage on this 1555 Merrow Street property. Second. Commissioner Forsythe with the motion, Commissioner Robbins with the second. Can we get a roll call, please, Mr. Kursky? Yep. Uh Commissioner Forsythe. I. Commissioner Weiler. I. Commissioner Sandhu. I. Commissioner Ranua. I. Commissioner Sepulveda. I. Commissioner Robbins. >> I. All right. That passes unanimously. Um okay, forgive me. Are we back to 5C? >> Yes. Okay. Review of conditional use permit PC 2024-005 exterior storage at 1555 Merrow Street. And I'm betting that's that top one. I think you would. I think it's the top one or That's 15. Yeah, we already did that one. >> We did that one. All right. Looks good to me. There's a theme here, and you know, it's the one property owner here. So, Board of Approval approved a CUP resolution PC 24-005 with 11 conditions to allow exterior storage on May 9th, 2024. The conditions were storage of both semi-trailers and semi-trucks not affiliated with tenants of the buildings would not be permitted. Condition number three was storage area must be paved and all vehicles stored on site must be both licensed and operable. Staff visited the site on January 8th, 2026 and informed both a representative of the property owner and the property owner of violations involving unlicensed and inoperable vehicles and a semi-truck and trailer not affiliated with the tenant of the building. Staff again visited the site on January 29th, 2026 and again saw unlicensed inoperable vehicles. Here's a little taste of kind of the condition of the site. Expired plates. So, that expired in February of 2025. Here's a semi. Unlicensed, inoperable. Semi-truck and trailer not associated with the building parked in the back. Another vehicle with expired registration. Transmission fluid coming out of this vehicle. And again, just generally a mess. There's another inoperable vehicle with the engine dismantled. Expired registration. No registration. 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 the city code chapter 151 or violation of state or federal law or any regulation. Staff completed site inspections on January 8th and January 29th and determined the following conditions are not in compliance. Condition number three, storage area must be paved and vehicles stored on site must be both licensed and operable. So, recommendation is to adopt resolution PC 2026-007 which rescinds resolution PC 2024-005. All right. Madam Chair. Yes. Uh is the applicant here? Uh no, this isn't a public hearing. I know. I just wanted to know if the applicant is here. >> Oh, okay. I don't think so. Apparently not. So, this is the one where you have not received a response from the property owner about the issues, right? So, um I believe this was Kyle's. He went out there, talked to Dan. Yeah. He talked to Eugene. He emailed with Eugene and said, "Look, you know, you need to do this." Then he had a phone call, I believe, with Eugene's daughter, maybe, and said, "Look, this stuff's got to get cleaned up." And you can see nothing's happened. Yeah. And so again, if we resend this, it then goes to kind of the police department for compliance, and then like are they >> Yeah, the building department will after the appeal period will then go out and red tag the building, and they'll have to vacate. And again, right now that means every tenant on this property has to vacate. That has exterior storage. Right. >> So, for example, the CUP. >> for example, in the background there we saw a bunch of BIFs, right? So, like BIFs is one of the tenants. They would in theory have to vacate. Yeah. And TK Marine would have to vacate. >> Yeah. Okay. Unless they go through the process of getting their own CUPs. Yes, which, you know, we keep advising people to do that, but Yeah. some people like to take the short route. Mhm. And then is like one of the police actions where they're coordinating removal of these vehicles and then charging it back to the landowner? Like what's So, I you can't have those vehicles in the city, so at some point they're going to end up going out there and writing tickets, so. Particularly for expired registrations, so. Any other questions or discussion? Well, Madam Chair, if I could you know I hope it's clear that we don't enjoy doing this. I mean, we don't like to shut businesses down, but you know, we do have ordinances that we have to follow. And this is just there's a violation there's numerous violations. And so, we have to act on that. And um as we've said before, you know, there is a way to to change that. You have to appeal and everything and there's ways to do separate for the the other people on to do separate PUCs, but um we have to enforce this. If we didn't there'd be all kinds of lots in Shakopee that had all kinds of things that would ultimately represent a danger. Thank you, Madam Chair. No, I think the other issue, Commissioners, is if you don't enforce them, there's there's no reason to get a CUP because what does it mean? That's right. The other businesses will be discouraging too. They are following the rules. They're like, "Well, why are we following the rules if we can just get by it?" Yeah. Yep. Or not, we're just a garbage town. Yeah. Well, and that's the thing about this specific thing that actually sort of gets at me a little bit more, right? Is that there are I think there are businesses out there trying to do their best. And they just happen to be wrapped up in this with a landlord that, you know, is allowing non-compliance to lead to a revocation of the CUP. And I mean so, I feel bad for those businesses, but it sounds like there's a way that they can hopefully make things right. And I mean, with that I move that we adopt resolution PC 2026-007 rescinding resolution PC 2024-005 second. All right, Commissioner Forsyth with the mo- motion, Commissioner Robbins with the second. Can we get a roll call, Mr. Kiser? >> Commissioner Forsyth. Aye. Commissioner Wyler. Aye. Commissioner Sandhu. Aye. Commissioner Ranawala. Aye. Commissioner Sepulveda. Aye. Commissioner Robbins. >> Aye. All right. That motion passes. Uh we have one more item under general business tonight, the review of conditional use permit PC 2023-006, vehicle repair at 8610 Hanson Avenue. And again, this is not a public hearing. This what This This This is not a mirror. So, background, KME Auto Repair leases space at 8610 Hanson Avenue, property owned by Eugene Hanson doing business as Hanson Avenue LLC. The Board of Adjustment and Appeals approved the CUP resolution PC 2023-006 with 11 conditions to allow vehicle repair on June 8th, 2023. Condition number 10 was unlicensed or inoperable inoperable vehicles must not be kept outside the building unless the vehicles are within an area screened from the view from the adjacent properties and streets that complies with city code requirements for screening. Staff visited the site uh when they were visiting another site owned by the same property on January 8th, 2026 and informed the applicant of violations involving unlicensed and inoperable vehicles visible from Hanson Avenue. Staff again visited the site on January 29th and again saw unlicensed and inoper- inoperable vehicles in areas visible from Hanson Avenue. So, there you go. >> So, city code section 151.00011J allows the Board of Adjustment and Appeals to revoke a permit upon violation of any condition of the permit, requirement of the city code chapter 151 or violation of state and federal laws. Staff completed site inspections on January 8th and January 29th and determined the following conditions were not in compliance, unlicensed or inoperable inoperable vehicles must not be kept outside the building unless the vehicles are within an area screened from view from the adjacent properties and streets that complies with the city code requirements for screening. Recommendation is to adopt PC 2026-006 rescinding resolution PC 2023-006. Madam Chair. I Yep, just 1 second. So, just to clarify, we are in a similar situation here. So, if you remember your original um requirements were if they were going to store inoperable vehicles or unlicensed Whatever the conditions they had to be screened from the public right away, you can clearly see from all the pictures none of that's occurring. Okay. Uh Mr. Robinson. >> That's all right. Um Mr. Kiersky, has have you had any contact at all with the owner on this property? Yes. Same owner, same story. Same owner, same story. So, this is just a replay of what we've just gone through, right? >> Yes. Hit play and record and repeat. All right. >> different address. Uh thank you, Madam Chair. Thanks. Uh are they the same tenants? Why is this so similar? Different properties, same owner, same landlord, but >> So, Mr. Hanson owns the same things. >> Yeah, he kind of owns an L-shape group of buildings that over the years, you know, you've been approving CUPs for as he's gotten tenants in often after the fact. If you remember, I believe this one was one of those situations they were already started kind of moving in and started doing work. So, we got them in, they got their CUP. He said he would comply with all the conditions, and here we are. And do you know is this property just one tenant? Yes. Okay. Yeah, this is the building he used to own. Some company, brush company or something he used to have was in here and Got it. And then this was discovered by city staff, right? This wasn't a >> out to look at all the other issues and It wasn't a complaint from somebody nearby. Okay. But it As you can see, it's pretty front and center. Yeah. And and then if we rescind the CUP, the landlord is informed that this has been um rescinded, but the the tenant may not know this is >> typically we'll notify the tenant. >> Okay. I think there's a written notice goes on the business, too, right? Pardon me? There will be a written notice goes to the business, too. I I believe that they'll be notified, but he has a lot of notifications. So, again, they have a right to go to the city council and explain how they're going to fix this within They have to appeal that within 10 days. And it would probably make sense for them to at least show some progress, if not be be able to solve all the problems in 10 days, to at least show some progress. Yes. That you know, they've done some work. There were a lot of issues. The true thing for this particular one, for since it's a single tenant, is they need to clean it up. They need to adhere to the conditions that are laid out in in the CUP. And that is the only way they are going to resolve the issue. Correct. And it sounds like the main thing wrong that they need to take care of is they need to take unlicensed or inoperable vehicles and put them behind some sort of screening or fencing, instead of just out there. Okay. Clear enough to me. Yeah, then I'll move that we adopt resolution PC 2026-006 rescinding resolution PC 2023-006. Second. All right, Commissioner Forsythe with the motion, Commissioner Robbins with the second. Can we get a roll call, Mr. Kursky? Commissioner Forsythe. Aye. Commissioner Wyler. Aye. Commissioner Sandhu. Aye. Commissioner Ranallo. Aye. Commissioner Spoden. Aye. Commissioner Robbins. Aye. All right, that motion passes. That brings us on to item number six, other business. Mr. Kursky, is there any other business? The only other business is that you're leaving us, so this is your last meeting as chair. >> my last meeting. It's been It's been a ride, guys. And Commissioner Ranallo will also be leaving us, so. But you got a couple of new folks coming in. >> in next meeting. They They can join the fun. Madam Chair, if I if I could I just say a >> I'd just say a couple things. I um Told you not to. I've served with Ashley for a long time and I'll be sorry to see her go. She's a has been a very good commissioner, asked good questions, and I think done the other thing, protected the interests of the people of of the city of Shakopee, which is really ultimately kind of what we do here. We We have to We enforce the zoning code, but we try to protect the interests of the people, and Ashley's done that, and that's great public service. Uh we couldn't ask for more, and also uh for you, too, as well. Uh um I actually speak for both women. We'll miss both of you, and and we wish you well. All right, I'll allow it. >> There you go. Staff appreciates all that you both have done. Thank you, Mr. Gursky. I appreciate your partnership all these years. And if I might, I just commission I wish Commissioner Sandhu a lot of luck in her new um service. Commissioner Ranum Ranum, excuse me. Commissioner Ranum. Well, fantastic then. For the last time, I will entertain a motion to adjourn. So moved. You want a second? Am I allowed to do that? Okay. It's 7:00 7:54. At 7:54, Commissioner Robbins with the motion to adjourn, Commissioner Sepulveda with the second. I. All All those in favor. I. Hold on. All done. We're going to get out plant approval landscape record. Love it. All right. er and vehicle access to site will utilize existing access point on Old Carriage Road, which is a rain in only, and Old Carriage Court North, which would be a full access. So, here is the proposed preliminary plat drawing. So, um Chick-fil-A's over here, and the future use will be over here. This is the Pardon me? Yeah, I'm not seeing a pointer or anything if you're pointing at stuff. What can I say? I'm trying. So, Chick-fil-A is the building shown on the drawing. That's the um Lot two black one? Yep. Lot and lot one black one is up above. Yep, and that's the future. Yep. Business, yep. Okay. And then um if you remember we're doing a roundabout at this old Carriage Court intersection because of the number of accidents and we're also doing a signal further down the street um by Walmart, so to get traffic to go through these two lots, through the next lot out to a signal so we can have controlled access so it's not bedlam out here. So here's the um site plan. You can see the Chick-fil-A, long drive-thru because they have a lot of drive-thru access, and then ghost plat above is a future building um with parking showing how the two of these will work together. And then can you just Well, we don't have the pointer. I don't have a pointer. Yeah. It looks like the access is going to be basically uh on that left side of the page about halfway up. Is that right? That's just in So the access point there's a interior roadway that runs along um Yeah, yeah, I see it. Old Carriage Court. Yep, sure. And eventually it'll come out to the next property and then you know if you're smart you'll take a right and go in front of Sherwin Williams to get into the queue to get out of the light, otherwise you'll be waiting for a long time to try and get out at the other intersection. Okay, so sorry. The light is going to go in the next property where Sherwin Williams is. Yeah. There's a um access point that's the same as the uh Walmart. So the light's going to stay there. That's where the light's going. Okay, we're not adding any access off of um 21. No, so this will be a right-in access to this property and then there'll be the roundabout so people will be able to get to all these different businesses. I'm sorry, where is the roundabout? Right at the intersection of Old Carriage Court and Old Carriage Road. So, on this it's kind of in the lower left-hand right here. Yeah. If you're looking at it. Yeah. Yeah, that's right here. Okay. Okay. So, here's the final plat creating the lots. So, provide a positive recommendation to the City Council of the proposed preliminary and final plat. Thank you, Mr. Kersey. Are there any questions for city staff? Um Yes, Robin. Mr. Chair, um can I just ask is the applicant here tonight? Yes. Great. Well, yeah. We'll get to the public hearing part. First, is there any questions for staff before we invite anybody to come up? I'm sorry. I might have missed Was there another entrance point being added or is it sticking with the We're We're using the existing access points. There's two and then Sherman Williams. >> Yes. Okay. The access that would have been for Best Buy back in the day. Yeah, the driveways that existed for Best Buy will still exist, but if you want to get out on the across from Walmart, you'll go through the adjacent property. They have an easement and you'll go out at the signal. And was there a traffic study done Yes. Okay. Extensive traffic study. >> I'm I Well, I mean Because if this is now becoming kind of restaurant row, so there'll be Chick-fil-A, potentially another restaurant, potentially other users that are all high traffic genera The um signal's being installed. Yeah. And no, sorry. This is a My question is for the applicant. Okay. >> Well, I was going to ask, do we know what that other building's going to be and how that impacts that? I mean, the thing is subdivided. Chick-fil-A is getting a bigger portion, the other one's getting a smaller portion. What is that other building going They're They're fine with that. Tenant. The other tenant is Yes. And do we know what type of tenant that is or who it is or It's It's I can't tell you who it is, but it's They'll be fine with it. Is it going to be another restaurant? Yeah. It looks like another restaurant. It has a drive-thru, so All right. It is another building with a drive-thru. With a drive-thru. Yeah. That can be handled with this Yes, so the city is spending a lot of money to put the roundabout in and the signal so that this area There's a been a lot of T-bone accidents already at this intersection, so after the traffic study, the consultants recommended doing the roundabout and putting the signal in at Walmart. What is the timing of that? It's going to happen before they open Chick-fil-A. Perfect. >> And Chick-fil-A is paying basically the cost of the signal. Got it. Right. Cuz that of course is a concern, right? I mean, anywhere a Chick-fil-A goes, uh you know, long lines ensue. Sometimes road backups ensue. Like cuz people are just >> why they worked with the engineering staff to have a very long Yeah. that's nowhere near any of the access points. Fair. Sounds good. Um it sounds like there might be a question for the applicant. If you wouldn't mind coming up, signing in, introducing yourself, and then if you'd like to say something, go ahead. Otherwise, uh we might have a question or two for you. Also, welcome. I believe many folks in the city are very excited to have you here. If you need Thank you. If you If it's approved. Yeah. All right. Well, thank you, Chair. >> you Did you sign in? I will here, yeah. Okay, great. Thanks. They bought the property, so I think it's true. And they're in for a building permit, so I think it's true. Uh my name is uh Tim Thurin, and I'm with HR Green here, a local representative for HR Green, the the broader um representative for Chick-fil-A. Uh so I'm not deeply familiar with with the site, but I do know enough about the situation and the conditions that I could speak to it. Um, and first of all, you know, we're always happy to come into a new communities and and and have facilities on site cuz they've they've done well in in communities are always are receiving receiving them well. Um, and and I believe that Chick-fil-A is a really a strong community partner when wherever they've been. Uh, this site is interesting to me just some things as I've represented Chick-fil-A in other locations. This is unique to me because it's a fairly large site in terms of their what their typical profile would be. And I think that's really a reflection of just taking advantage of some of the existing facilities. So they're not having to do new impervious surface because of the existing parking lot that's there and and they made a conscious effort to locate their facility so that they could take advantage of that existing infrastructure. So you see fewer utility impacts, no storm water requirements associated with it because of that. And uh, and and really able to take advantage of some of the infrastructure that's in place now and will be coming in into the future. So I don't see many issues with this facility when I look at it by from my perspective. Um, it is a little bit unique because of the traffic that is coming in mostly from the north and and about half the traffic is supposed expected to come in from the north and and then come in ultimately use that right in immediate right in. And then they are obligated to come back out to that uh, traffic signal at Walmart and then exit through that through that means. Um, one of the things that's a benefit of having that signal there is and the access road through the adjacent adjacent parcels is that traffic will be encouraged to use that route to get to the signal instead of trying to get onto Old Carriage the roadway there and conduct a U-turn at at Walmart. So we're hoping that that traffic would actually use that access road and avoid that U-turn movement. Um and then the roundabout will make things a lot easier for all users in general as well. Well, thank you. Yeah. Did you have a question? >> Yes, Mr. Chair, if you could. Yes, there's some excitement about you. Can you tell me uh first of all, terms of timeline, uh what kind of timeline might just general what you're looking at terms of when you build and start start business? Anticipating right now that we would be open in November of this year. November of this year? >> From what I understand, yes. And from what I understand, the roundabout is expected to be done in September time frame. And do you have any idea what kind of how many people you will employ? Oh, it's over 100. Uh and you would have 15 to 20 on site at any one time. So, you're going to I mean, but overall, about 100 employees, right? >> Yeah. All right, thank you. Thanks, Commissioner Robbins. Any other questions for the applicant? Um I guess it's both for the applicant and for Mr. Karsky. So, the traffic coming in, we don't really expect any traffic to be stacked onto Old Carriage Road. Like because there's a that a large amount of impervious surface, we can hold a lot of traffic right on that 3-acre property. Chair and commissioners correct. So, there was a very extensive traffic study done for all these uses that basically showed there's so much pavement as they come in, they can either go park or get in line, and it won't impact that access movement. Okay. I mean, it's very similar. There's a left-hand turn required to get into the other shopping center where Panera Bread and Chipotle are, which there's way more users in that stack, and it's worked pretty well. Okay. Yeah, thank you. Except the other thing, right? I mean, obviously they do a lot of drive-thru business, but there are a lot of parking spots here, too, for people to go in. Well, and like they've got it figured out where they've got like their multiple lanes, they've got them fixed long, like Yeah. Good. I feel like if anybody's going to come in and figure it out, it is Chick-fil-A. Yeah. People will be excited. They will be very excited. Well, they have the Christmas lights like the one in Burnsville? Asking the important questions. Uh all right, well, thank you for your time. Thank you. Thank you very much. It's great call, though. It does look beautiful. It looks really nice. Did not confirm. >> All right, so this is a public hearing. Is there anybody else here that would like to speak on uh this issue? All right. Uh since there is no one else, I'll entertain a motion to close the public hearing. >> Commissioner Robbins, is there a second? >> I'll second. >> Commissioner Ranallo with the second. Any discussion on closing the public hearing? Hearing none, all in favor? I. >> I. Any opposed? Perfect. All right. So, public hearing's closed. Um you know, we can certainly discuss it some more. We can entertain a motion. Uh anybody? Well, I'll make a uh a a a motion that we provide a positive recommendation to the city council for the proposed preliminary and final plat of Chick- delay or Chick-fil-A. Southbridge Crossing 6th Edition. That's right, because it's not just Chick-fil-A. It's both, it's both, right? It's that parcel one and parcel two. Yes. Yes. And I'll second. Thank you. Commissioner Robbins and then Commissioner Sepulveda with the second. Um any discussion on that motion? Hearing none, we'll go to a roll call. Commissioner Forsyth. I. Commissioner Wiler. I. Commissioner Sandu. I. Commissioner Ranallo. I. Commissioner Sepulveda. I. Commissioner Robbins. >> I. Thank you. That passes unanimously. Uh then we go on to item six, other business. The only other business I have, right, is to thank Victoria and Ashley for all their service on this commission. Victoria, Spux is great. Lucky to have you. Ashley, the rest of your life is lucky to have you. Oh, my my kids will be thrilled. I I just I really appreciate all the input and help over the years and yeah. So and we'll be excited to welcome what will be three new members at the next meeting. No, two new members and Commissioner Redding. Sorry. Yes. Exactly. Two new members and we will have Commissioner Redding back. Thank you for that. Anything else for other business, Mr. City? All right. Hearing none, we'll go on to item seven and entertain a motion to adjourn. So moved. Thank you, Mr. Robbins. Is there a second? I'll second it. Commissioner Ranwell with the second. Any discussion on closing? Her last second. All in favor? Aye. Any opposed? All right, we're adjourned at 8:11. Not quite a record, Josh. You know what? That