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Board of Adjustment and Appeals/Planning Commission, June 4, 2026

Shakopee City CouncilFriday, June 5, 2026
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[snorts] Welcome everybody. Uh this is the June 4th meeting of the Shakabe Board of Adjustment and Appeals. I'm Narin Reading and I will be the chair for tonight's [clears throat] meeting and we will start with a roll call. Commissioner Foresight >> here. >> Commissioner Wiler >> here. >> Commissioner Zandu >> here. >> Commissioner Reading >> here. >> Commissioner Cherris. >> Commissioner Vandervine >> here. >> Commissioner Robbins >> here. >> All right. Our next meet up prep thing on the agenda is approval of the agenda. Does anybody have any changes, corrections, deletions for the agenda? >> Okay. I move we approve the agenda as submitted. >> Okay. >> Second. >> All right. We have um Commissioner Foresight made the recommendation to approve the agenda. Commissioner Wiler seconded. Was Wiler wasn't okay. Um so all in favor I >> I >> opposed. Okay. Motion carries. Uh, third on the agenda is the recognition by the board of adjustment and appeals of interested citizens for any item that is not on the agenda. Does anyone want to speak to an item not on the agenda tonight? Okay. All right. Seeing none, we'll go to the cons consent agenda. One item on the consent agenda, and that's the approval of the board of adjustment and appeals minutes for May 7th, 2026. Any corrections to those meetings? All right. I have one. My first name was misspelled at the very beginning. It probably took it from my signature. Okay. So, do I have a motion to approve the minutes for May 7th? >> So, >> okay. >> So, moved. >> A second. >> Okay. So it has been uh moved by Commissioner Santo, seconded by Commissioner Foresight. All in favor? I >> I >> oppose. Same sign. >> Okay. >> And I abstain. >> Okay. You abstain. Um, our first item of business under the general business is the appeal of a staff decision to deny a home occupation permit for dog and small animal daycare and boarding at 1424 Primrose Lane. Um, if you have anything you want to discuss, please come up to the table, sign your name, and tell us who you are. And we're limiting comments to three minutes. So, anybody would like to speak to this issue? >> We have to open the public. >> Yeah. Oh, yeah. >> This isn't listed as a public hearing. >> It is. >> It is. I don't >> Madam Chair, I I move we open the public hearing. >> Okay. >> Do we have a second? >> I'll second. >> Okay. So, Commissioner Robbins made a motion to open the public hearing. Commissioner Foresight second. All in favor? >> I I >> Okay. Motion carries. So again, appeal of staff decision to deny home occupation permit for dog and small animal daycare and boarding at 1424 Primrose Lane. Mr. Kurski, again, this is an appeal of denial of a home occupation permit for dog boarding and daycare at 1424 Primrose Lane. Allison Newatterad, property owner and owner of Barks Boos and Beyond Pet Sitting LLC, doing business as Barks Belly Rubs and Beyond Pet Sitting has applied for home occupation permit to allow for daycare and boarding of up to four dogs not owned by the property owner and small animals at their residence in the R1B zoning district. The owner has two dogs of their own. As part of the administrative view, property owners within 500 ft were notified and given 15 days from the data notice to submit comments. Staff received four emails and one phone call opposing their request, citing concerns related to noise, barking, odor, safety, traffic, operating a commercial business in a residential neighborhood, which is disruptive to neighbors, and concerns about neighbors having to report non-compliance issues to the city to ensure city standards are being met. Staff denied the home occupation permit. The applicant appealed the denial per city code section 151.016A. So this is the location of the business proposed. Ordinance 02025-000021 was approved in October 21st, 2025. Amended the zoning code to allow up to four dogs not owned by a resident to be kept, cared for, and boarded for up to 180 calendar days per year at a residential property with a home occupation permit. Home occupation permits require an administrative review. If home occupation is approved, the applicant also is required to obtain a dog boarding and daycare license annually. Pet daycare and boarding is allowed with a CUP in B1, I1, and I2. The Board of Adjustment and Appeals is tasked with determining if the staff made an error in denying the home occupation request based on concerns from neighbors received during the administrative review process. The board of adjustment appeals may affirm, modify, or reverse the decision of staff. Comments in support and opposition of the appeal have been provided for your consideration. >> Okay. >> Does anybody Yes. >> So just a question for city staff. I mean obviously it was denied. Um what was the rationale of city staff about why it was denied? >> I think per the ordinance feedback from the surrounding neighbors. >> Okay. So it was those emails and with those concerns. Okay. >> Emails and a phone call. >> Okay. But there was nothing that city staff saw that was, you know, you know, disqualifying or anything like that. Okay, >> Mr. Robbins. >> Yeah, let me just follow up on that, Mr. Kerski. Um, if you would just again, this was denied and and what was the reason for that? Was it because of what surrounding neighbors said or were there other reasons for deny? No, the ordinance allows when we change the ordinance that neighbors within 500 feet are notified and they can object to a home occupation. So home occupation is not granted by any kind of right. It's a privilege and it's based on feedback from basically your neighbors. And I think when council passed the dog boarding ordinance, they limited it to 180 days a year. And they also wanted neighborhood feedback because that's how this whole process started. Some neighbors complained originally about a dog daycare business and that's why we ended up with the ordinance. >> So to sum up the then the the neighborhood reaction they're they're saying we don't want this or there are problems with it is the reason for denial. Is that right? >> Chair and commissioner. Yes. And so um that's why it was denied and that they were operating the business previously before the ordinance was passed. So I >> thank you. >> Yes. >> What do we have on record for complaints that were filed to the city based on barking, odors, traffic, all the concerns that were brought up? What to your point, the business was operating prior to the ordinance being approved? So what track record has been established? So, chair and commissioners, I think when this isn't my case, but when we went when we originally heard the original ordinance, I think one of the neighbors was here complaining that they didn't think this was a good idea, if you remember. Um, not about the specific user, but just as allowing these businesses and neighborhoods. Um, >> so speculation wasn't about specifics happening at this location for this business. It was I don't like it because I think this will happen. was that? >> Yes, they they are the neighbor of this particular individual, but um we wouldn't have been tracking complaints before. It would have gone to the police department, which we wouldn't have gotten records of. Um but it's been operating. And so when they apply for the home occupation license, the neighbors all get notified automatically and they're given 15 days to provide their feedback. >> So obviously two things in conflict, right? Uh someone wants to, you know, run a business out of their house. neighbors have maybe some competing needs. Um, when city staff looks at those two things, does city staff kind of by rule, custom, whatever, weigh the neighbors comments >> more or less than the desire of the the person to >> that's really I mean the whole purpose of it is >> the whole purpose of the 500 foot notice just on any other case is you want feedback from the adjacent neighbors and since this isn't allowed by right we have other cases you've seen where neighbors have shown up and it's in a B1 zone and it could be a fast food restaurant or a nursing home or whatever. Those are uses allowed by right. Home occupations are not allowed by right. They're by privilege and so therefore the neighbors get the chance to have input. We've had other cases in the past where neighbors have supported some uses and neighbors have objected um because it would generate too. For instance, we've had some dog grooming businesses that neighbors have objected to um because they didn't want the traffic on their street. >> But are there situations where neighbors would object even either in theory or whatever that the city would say, you know what, understand your objection, but we're still going to let this home occupation permit go through. No, that's the purpose of the reason why council require the neighborhood notice in home occupations is >> it's not allowed by right. Your neighbors are going to have to live with it, not any of us because it's not in a zone that's allowed and therefore those impacts are going to affect the immediate neighbors and so they wanted impact they wanted input from those immediate neighbors. So it sounds like the bias is toward if there's any complaint at all, we're going to go toward denial rather than acceptance. >> Well, I won't say any complaint if one neighbor or two neighbors complain. It goes out to all the neighbors within 500 ft. So we have a >> but there's not a bright line number. No, there's not a magic number three or four or two or one or >> Okay. >> Okay. >> Questions? >> Yeah. Ju just to be clear. So it's also like seems like to me it's the part of renewing your license process which means sending those notices to the neighbors and if they have an objection yes it's part of the process. So if the process is not completed or there is a lag in it yes the city have the right to say no to it I guess. >> Oh city totally has the right to and that's and there's an appeal process that come to us. So I know I mean chair and commissioners we've had for instance there was somebody who ran um was kind of some kind of internet business or whatever and the neighbor it was already running and so they got complaints so they applied for the license and it was denied because semis were coming and there was a lot of UPS trucks or whatever and it was a busy place for a business in the middle of the neighborhood. >> Yeah. And just to be sure, so I think you said this to Commissioner Miler, too. And and I saw this in some of the um statements in support of the business. So it seems like this is already operating as some kind of a dog daycare, dog boarding, and now they're just trying to go through the process to make it official. Is that kind of what it is? >> Yeah. Well, council passed that back in October. >> Okay. Yeah. Right. >> So it was operating then and it took a while to get through the process. >> Okay. So if they if the appeal appeal >> you have to speak in the mic because I could not hear you here. >> Sorry. If the appeal is denied then there's no reason for them to get a license. I saw that there was specific license they >> So if you remember you had a number of denials um revocations um a couple meetings ago. So those those people are out of business. >> Yeah. >> There were half a dozen. Uh there was a towing company, there was an auto repair place, there was another auto repair place. Their landlords in that case were ordered to they ended up getting evicted. >> Yeah. >> They can as anyone can if they can appeal your decision to the city council. >> Okay. All right. >> Okay. So, just to be sure. So, if we deny the appeal, there's still one more place they can go. They go straight to city council. >> Yes. Okay. >> All right. Any other questions? >> Just one. So if it goes the other way, if we say it's a valid appeal, can the neighbors then go to city council? >> Yes. Any affected party, just like in a zoning case, >> they can appeal your your conditional uses, whatever you have, anyone who's affected. So you have to be a neighbor um within that 500 ft. You can't be just somebody in the community. You can't appeal. >> Yeah. Madam Madam Madam Chair, >> that gives you standing basically. >> Yeah, that's good enough. Thanks, >> Madam Chair. And that appeal Mr. Kirski's to the council. >> Yes. >> Either way. All right. Thanks. >> All right. Any other questions? All right. This is a public hearing, so if someone in the audience would like to speak to this, please come up, sign your name, and let us know who you are. >> Good evening. My uh my name is Gary Youngs. I'm a Shockp resident and a dog owner. I've been a shockp resident since 1999. >> Perfect. Um, >> before you start and before anybody else starts, I'll be the one keeping the time for the three minutes and so I'll let you know if that time um, you know, if you if [clears throat] you exceed that time. >> All right. I'll try and go quickly. I know I have three minutes. Um, I did send in an email in support of the business. I'm sure you've seen that and read that. Um, I can only attest to what I in fact have seen myself in the times that I have come to the business to drop off my dogs for boarding or pick them up after boarding or daycare. I've probably um used the business maybe five, six times. Um, as far as unsanitary conditions, I have been outside the house, inside both levels of the house, in the backyard. I see no trash, rubbish, waste. I smell no dog older anywhere. I don't see that. I have no idea why why this is a concern. I don't see it. In fact, I know they pick [clears throat] up regularly. As far as excessive traffic, I'm usually the only one on the block that pulls into the driveway. The neighborhood is quiet. I have my dogs on a leash when I come and take them to the front door. I don't see anybody else. There was one time one other party with her two little kids and this was just recently showed up at the same time as me. I I don't see excessive traffic. Um I don't see excessive boarding. There was a case where I had a funeral for my mother. I needed boarding for that day. I asked Ally if I could board the dogs that day and she said she couldn't. she had reached her limit that she was comfortable with and I was okay with that because it means to me that if my dogs are there, she's not going to be excessively boarding pets. And then I think there's the also the issue of barking, excessive barking. Uh I've been there. I I don't see dogs running rampant in the backyard, barking everywhere and making long periods of noise. Sure, there's some initial greeting at the front door when you come with her dogs and our dogs. that's shortlived. But I have never experienced any huge barking issue when I've been there. Um the only other thing I might add is, you know, do neighbors want are neighbors concerned about a business or do neighbors have a personal beef? I mean, it a survey or an email that's sent to them is a great uh vehicle for them to use to say maybe enhance things. And to your point, these things were speculation of things that might happen, not necessarily things that have happened. Um, I don't know what else I can tell you other than that. I'll write my address down here. Um, thank you for hearing what I had to say. Thank you. >> Thank you. >> Does anyone have any questions? >> Oh, sorry. Did you have questions for me? >> No, doesn't look like it. Okay. Is there anyone else in the audience who would like to speak? >> Okay. Um, hi, my name is Allison Newter. I'm the owner of Barks Belly Rubs and Beyond Petsitting. Um, the reason why I appealed the denial is I thought that it was unjust and unfair. Um, especially with the city planner, Amanda, she actually sent me an overview of the process um, when I first applied. And it specifically said as one of their procedures that staff will assemble any comments received and further discuss with the applicant any questions, comments, concerns, and see how if they can be addressed and that was not done. So, the neighbor concerns um were submitted and it wasn't until I actually gave her a call that she sent me a copy of these neighbor concerns. Um they were supposed to be redacted. However, I was un I was able to unredact them. So, I could see people's names, their addresses, um all their information, email addresses, so I know exactly who said what. Um so, that was also another concern that I brought up. Um, but it wasn't until after the permit was denied that I was given this information and that's when I submitted an actual statement addressing the neighbor concerns. If he saw the concerns, there was only one neighbor who actually addressed me directly with barking currently at my residence. Um, that neighbor the claims that they made was not completely true. Yes, he did approach me years ago about one of my dogs barking. Um, and that was the only time and that's the only complaint that I've ever received. Um, if you were to go to any police records, the police have never been called. The other neighbors that submitted complaints, uh, I don't even know who they are. They've never come up to my property. They've never rang my doorbell or said anything. Um, there was one neighbor that went on a tangent about barking occurring at a completely different residence. So, like you guys have said, the neighbor concerns, it was all very similar language um where they just took it from the current ordinance and it just said something along the lines of, "Oh, well, if you were to approve this could potentially happen, not that it's actually happening." So, um and of course, like it's something that could happen and yes, I have been operating my business for over a year since March of 2025. And in that time frame, I've had no issues. So, I just want that to be taken into consideration, >> Madam Chair. >> Yes, >> I could. Can you give us an idea of what an average day for you is? I mean, I've got this picture of you and your dogs, but I don't know what what goes on during the day. Do you go out and walk them? Are they in the backyard? Do you have a a system that you follow every day for them? >> I do. So, um this is not my full-time job. I'm full-time an underwriter. I do work from home, so this is just something that I do in addition to my full-time job. Um, the days vary. I usually have maybe one or two dogs at a time, if that. Um, I can let you know for the month of May, I didn't really have any dogs, so it just depends on people's schedules. Um, what time of year it is. Usually around the holidays, it's a little bit busier for but for the most part, it's just one or two dogs. We're out in the backyard during the uh the warmer months and I'm out there with them. We recently put up outdoor cameras so they're never left unsupervised. In the winter months, if they're let outside, if it's too cold where I don't want to be out there, then I'm usually at the patio door watching them as they use the bathroom. If any dogs start barking, I immediately intervene and I grab them or bring them inside. So, um I know that one of the points on the ordinance is that it was a 3 minute of excessive barking, which is that's never happened at my residence ever. Maybe like 10 20 seconds if that, but never three minutes. >> Follow-up question, Madam Chair, if I could. >> Yes. >> How long do the dogs stay? I mean, if I give you a dog for [clears throat] you to take care of, do I come back every night and get it or do I do I come back on a weekly basis? How long are the dogs with you without their owners? >> Um, so it just depends on how long they're on vacation. I do have two dogs that come for daycare once a week, and they're usually there from about 11 to 6, so like seven or eight hours. Um, other dogs, they're there for like a couple days. It could be a week, 10 days. The longest I've ever kept the dog was 3 weeks while the owner was out of the country. Um but usually I would say about anywhere between 5 to seven days is a standard. >> Thank you madam chair. >> Yes. >> Uh so October there was an ordinance passed um you know going through the process of of getting a license. Were you involved in that process at all? >> I was not I was not even aware. So it was my neighbor that actually brought it to my attention and as soon as it was brought to my attention that's when I applied for the permit. >> When like when did you start applying? Uh what was it like end of March I think? Um it was it was like a couple months ago, but I had no idea. And the thing is um there was another um business owner, her name is Lisa with Minnesota Fur Baby. I reached out to her after the permit was denied and got more information from her. Um and she told me about her experience and actually walked me through the process that she had to go through. Um she was actually shut down. And the thing is, she told me that the city knew about me and that they were supposed to shut me down, but no one ever said anything. So, I was, but again, like I was never notified of anything. I didn't even know I mean I knew that there was some um like amendments that were being thrown around regarding boarding and daycare, but I didn't even know that it actually went through. So, and that seems to be the consensus with a lot of the other like daycare or boarding providers within Shakipi that they didn't know. So, it's my understanding that I'm the second application. Um, and it's been in effect since October. >> Sounds good. >> Thank you. That's all I have. >> Okay. Thank you. How many dogs would you say you have on average every day? I mean, you said you didn't have any in May. So, do at times have four. >> Um, so I did have four over spring break. It's usually is just the holidays where I have more dogs. So, spring break, Christmas is another popular holiday. Thanksgiving and the 4th of July. Um, other than that, it's usually one or two. And the two dogs is if a client has two dogs. So, it's it's not it's really not that much. is because I know my limit, especially because I do work from home full-time. So, I I can't take that many dogs and still be able to perform my job efficiently as well as be able to wash these dogs and give them the like enrichment and everything that they need. So, >> what kind of activities do you have in the backyard for them? Are there do they just run or are there other things that they can do? >> Yeah, so I'm usually out there running around with them. Um, I have like a lot of balls. Dogs like to play fetch. I have a lot of toys that I'll throw around with them. Um, I do want to say that majority of the dogs that I watch, they are either older um or they have medical issues um or behavioral issues like anxiety or nervousness. So, they're not really um the type of dogs to run around, but they, you know, I do try to encourage a lot of playtime with them. There are some dogs that are a lot more playful than others. Um, inside the house, one of the things that I like to do is art projects with the dogs. So, I do have a Facebook page where I post um, and most recently for Easter, we made canvas paintings. Um, I did ornaments over Christmas. I like to play hideand-seek with them. Um, they like to I call it um, couch rot or bed rot with me while I watch Netflix. So, I mean, those are really the activities that we do. Usually I I have a meet and greet with clients beforehand and I try to get a gauge like, okay, what are your dog's needs? Do they need to go for a walk? And they'll usually let me know like, okay, this dog is like super high energy. You need to make sure that you're taking it for at least a 30 minutes to 1 hour walk a day. So I will take the dog for a walk or they're like, oh, you know, they'll be fine out in the yard just playing or yeah, my dog doesn't really play. You know, it probably just sleep all day. So, these are um information is information that I get from the clients before I even book a service. And from there, that's kind of how I tailor what I do for each dog. >> Okay. Do you have a process for taking care of conflicts that the dogs may have with each other? Um what what do you do if they start to fight or or are aggressive? >> Um so, that's why I do have the meet and greet. I have two dogs myself just to get an idea of what temperament is. Um, if everything goes well with the meet and greet or if it seems like the dog is a little anxious or nervous or being protective over their owner, then I recommend a trial stay. So, during the trial stay, they'll just come over for about 4 hours where they interact with me and my dogs just to get a feel on if it would be a good fit for them or not. Um, if they are overly aggressive during the trial stay or during the meet and greet, then I do turn them down. Um, if it's something where they show any type of aggression during their stay that was not evident at the time of the meet and greet, then I work with them because a lot of dogs are just nervous or anxious and that's why, you know, they have these behaviors and usually the owner knows if they're aggressive or not or if they're going to have issues with other dogs. So, um, but I do have a split level house. I have baby gates. I don't like to kennel dogs and I let clients know upfront if they are adamant about having their dogs kindled. Um I do have kennels that I can supply for them but it's usually just separating them with the gates is all all they need and that works out fine. So I've never had any issues with any dogs. I mean yeah like there's been some dogs that are not really fond of like other dogs and separation has been it's worked for me. >> Okay. Um, I had one other question. I can't remember what it was. Um, oh, do you have someone who takes the dog for dogs for a walk or do you do that yourself? And where what are the other dogs? Where are the other dogs while you take the one for the walk? >> So, it's me and my husband who will take the dogs for a walk. Um, my oldest son who's 14, he'll also help. So, I'm the one that usually handles the dogs that are not mine and then they'll take the like our two dogs. So, um, but if there are any other dogs that are there, um, usually they're left at home and I do have cameras inside the house. Um, but I'll separate them like I don't leave dogs together. Okay. >> So, that's usually how I manage that. >> Okay. Any other questions? >> Um, if may I? >> Yes. >> I have two questions. Um, how long have you been operating this business so far? >> Since March of 2025. So about a year and three three months. >> Okay. My second question is we received a packet. There was an email from one of your neighbors. Maybe it has a pictures which shows there's a dog on the driveway without the leash and the pea stains on another driveway. Have you seen those one? >> I have and I have a video right here from the morning in question that shows that the dog was leashed and the water is actually from my client's car. So, that's the neighbor that um I've been having problems with since I moved in four and a half years ago. >> So, that was my follow-up question. Is something like you guys have problem or is actually the dog concerns over there? >> No, it's it's been an issue with this neighbor. >> Have you tried to figure out with your neighbors? Um, I don't want to I choose not to interact um just because I don't want to escalate anything. So, but there's been interactions since I've applied for this and I'll just leave it at I'll just leave it at that. So, >> okay. Well, I'm this is not maybe appropriate, but um if you were in their situation, how would you handle the situation then? >> Well, well, if it was a neighbor that was applying for something, >> yeah, >> um I would not be in their business. Like, if it doesn't pertain to me, if there isn't any issues other than me just personally not liking this person, why would I interfere with their business or their income just because I don't like them? So that's just petty. >> You do understand it's part of the process. They have the right to say yes or no, >> right? >> So yes, it's not like one neighbor who sent that email that says they have three emails and one phone call. So there's four persons going against your appeal. Does that make sense? >> Right. So it wasn't going against the appeal. It was going against the application. Um it was just the one neighbor who actually addressed my property or my residence like specifically the other four people it was just like if you were to approve this this could happen although I've already been operating for over a year and it hasn't happened and they don't know that. So I understand that they might have apprehension but this is all supposed to be objective and they're looking at through a subjective lens. So, how we would be able to ensure it wouldn't happen in the future or the neighbor wouldn't have the complaints again? >> Um, like what what type of complaints? Cuz there weren't any complaints. It was just concerns about what could happen if I were to operate. >> Let's change the word to concerns. Then how how would we make sure like the in the future the neighbors wouldn't have concerns the one they have now? >> Um, well, it's all outlined in the narrative. So, I do have cameras up to monitor um especially in the backyard while we're out there. I use training collars for the ones who are a little bit more vocal than others. Um and that is something that the clients have to agree to. And I have the meet and greets uh just to get an idea of temperament. So, these are all things that I do um to like mitigate that before it even happens. the noise concerns. I'm always outside with the dogs. Um I bring them in immediately if they start barking. I try to take them back out. If they continue to bark, then it's more like, okay, we're just going to go outside to potty and then come back inside. So, it's it's not an issue right now. Like, I understand what the concerns are that it could happen, but it's not happening. >> Okay. >> Follow-up question. >> Yes. Have you ever had to deny a dog either [clears throat] from the initial meet and greet or maybe after you've had them for a week or a month or two months and things just aren't working out? >> Yes. >> For whatever reasons, have you had to go back and say, "Hey, look, this isn't working. You can't bring your dog here anymore." >> Yes. >> I have recently. >> Okay. All right. Thank you very much. >> Thank you. >> Is there anybody else who'd like to talk speak to this issue? Anyone >> um is anyone in the crowd who's against it? >> You what? >> The one who is against appeal. >> Against it. >> Yep. Anyone who's against the appeal? >> I mean, >> okay. >> Pro or if nobody wants to speak, nobody has. >> Yeah. >> All right. Um, and no more questions from >> Yeah, Madam Chair, I'll move we close the public hearing. >> All right. >> Second. >> Okay. So, Commissioner Robbins close the public hearing. Commissioner Foresight second. All in favor? I >> oppose. Same sign. >> Okay. Motion carries six to zero. >> Well, Madam Chair, >> yes. Speaking now to to this whole item, I'm a little bit puzzled because we didn't have anybody tonight speak in favor of the speak for denial. Would people support the appeal, but we had no one that's uh and I have read the the items in the packet for people that do not like this, but they're not here tonight. >> Commissioner, can you speak into the mic? >> Excuse me. speak into the microphone. I remind everybody because otherwise we don't get minutes without any [laughter] >> I know better than that. Thank you. >> So u uh that's somewhat disconcerting. I haven't heard anything here tonight that would cause me to want to deny um this uh this business. I mean I have heard uh the owner talk at some length about how she works. Um, I've heard her talk about the meets and greets. Um, um, that she's around all the time. Um, and, um, I'm inclined to want to say um, to overturn this. In other words, to um, agree with the appeal. I just haven't seen anything un unless there's something that I don't know. Um I haven't seen any evidence that this business is disruptive to the surrounding neighborhood. I haven't seen any testimony. Haven't heard any testimony that this business is disruptive to the surrounding neighborhood. Go. Uh, I'm I'm inclined then to favor the appeal. >> Okay. >> Do you want to go next? >> Were you up next? >> I don't know that there's a next, but um, just quickly, I I agree with a lot of what Commissioner Robbins says, right? Like I think that if you were to look at a responsible way to run this business, what I've heard from the applicant seems like the example of how to run this business responsibly. Um, it's kind of compelling to me that this has been going for a year and there haven't been any complaints to city staff. Um, you know, it sounds like there are situations where the dog isn't a fit and there's a way out of that and it sounds like the applicant has has done that. Um, I, you know, I'm I'm looking at the ordinance and I'm just not seeing anything in this ordinance that the applicant's not doing. Um, so I I feel a lot like Commissioner Robbins that um, you know, I I I look really favorably on the appeal. Actually, >> I'm torn. I think I think the applicant has done a fantastic job, frankly, of setting up your business, setting up a process, thinking of the issues that could happen and having ways to mitigate from the incoming meet and greet, the whole deal. uh you've stated you've had to kick some dogs out because of non-compliance, if you will. So, it shows you take action in the event that it doesn't go the way it's supposed to go. Um, so I agree from that standpoint. I see no reason why this shouldn't continue. What I'm struggling with is the process that is set up by the city says they file for the I'm going to get the word wrong, but the um >> home occupation. >> Thank you. >> Yeah. Is that what is that? and you send out the notice to the surrounding neighbors. Fine. And and the neighbors have an opportunity to vote. And the premise has been that if the neighbors object, that's what it is. No matter how good the business truly is, we have the benefit right now of looking in hindsight and looking at what's been happening. She's operating before this ever happened and nobody had a complaint. Right? So, not only are we not speculating, she's proven a solid track record, but we have that benefit right now. the next opportunity could be somebody who's just proposing a new business. We don't have that opportunity and we would follow the process and we'd go based around the neighbors. So, I'm really struggling because the process would support we the city did what they're supposed to do. >> The neighbors responded >> and that's the way it tends to go. Well, >> but here we have the hindsight of saying she's doing a fantastic job and doesn't appear to be causing a nuisance to anybody because nobody's complaining and she's got plenty of measures to protect it. >> Yeah. What I would say is there's no there's no codified city process that says if there is one complaint we deny. Right. >> Well, that's that's commissioner that is the point. And maybe I would just ask Mr. Kurski because I think it was asked before. Is there any bottom line here? I mean, if just one person objects, is that enough to deny this or do you go best of majority vote? I mean, is there anything that you hang your hat on in terms of a denial? >> We look at feedback from all the residents, not just one. I mean, if for instance, if she we've had cases before where there's a grudge against a neighbor or whatever and all the other neighbors either are positive and then the neighbor says, "I never like this person. I want them to have a business there." We basically cross that one off. If you should decide to overturn, I mean, the benefit is if we do get valid complaints and they're verified by either the police department or someone else, it'll be back to you and you could do a revocation. That's the whole process. Well, and that would make sense, right? I mean, if it continues and there's truly issues happening that we're not hearing about, there's a process for that. That's right. Right. They file the complaints, they mount up, we make a decision, maybe it gets revoked >> in the absence of that. >> Yeah. I mean, I will say this is the first time I think we've had so many people object. Usually, people don't really care. >> Well, and I would say to, right, neighbors probably are more likely to object without seeing the benefit of the business. I I did like having the uh comments in favor of the business that were added to our packet, right? That people, you know, are in the house seeing how the dogs are treated, seeing how their own dogs are treated and have uh, you know, good things to say about how their own dogs are treated in this business. >> But, but again, those are not neighborhoods. >> That's right. Which is why they wouldn't have showed up. They wouldn't have shown up in the original >> Yeah. I mean, application. >> I think the difference here amongst some other ones is this isn't a new business. She was operating. She went through the process and the neighbors have a right to then >> they absolutely do. >> They don't. I mean, the fact that people are using the business and it's a good business is kind of not irrelevant, but I mean, you're getting the the hindsight versus the neighbors who >> That's Madam Chair, if I could. >> Yeah, Mr. Kirstki, I I don't not for tonight obviously, but there's something about this that I I wonder if if there's something that the city needs to do to >> No, we're not. We We spent four months on this ordinance. We're never visiting it again. >> Well, that certainly was a fast answer. Okay. [laughter] >> Well, not tonight. Definite. >> Not tonight. Not tonight. Yeah. >> Um >> All right. All right, Madam Chair, I'm going to um uh move to support the appeal. >> Was there anybody else that wanted first of all? >> Well, I'm sorry. I'm sorry. >> I'm wondering how many other home occupancy permits there are out there. Do we have a >> hundreds? >> Hundreds. >> And most of like what is it like home kind of stuff >> for like what? like >> like if you're a realtor working out of your house, we have a lot that get home occupations because they're a broker and have to have an address, I guess, for your license or whatever. We have a lot of insurance people. We have a lot of buticians, you know, that only have one client or whatever that come um we used to have a lot of massage therapists, but we put them all out of business, right? Um, and then there there's a lot of, believe it or not, a lot of gun um, businesses >> and those are a very lengthy process because not only do you need our approval, you need the federal government's approval and they go through a lengthy process of background checks and all the neighbors have to get notified under their process also. >> And do you know of any approved dog daycarees? >> Yeah, I think there's one. I think the one that started this whole process is approved. And then there was another one that's a groomer that also does daycare. Um, so she has a dual kind of license for both dog grooming and daycare. >> Right. That's really what I was asking. >> Is somebody council discussed this and we've discussed if you're like on Rover like I have three dogs. So I have one dog who can't go to daycare but has to be the only dog. So, if you are in shocki, I know there's many people that have take one dog once in a blue moon or once a week or whatever because they had a dog and it died and their kids they don't want to get a dog right now, but they want to have different dogs around to decide if they want another dog, etc. I mean, we're not like out there with the police department chasing after people that have >> I mean, there are other people like this applicant has an actual LLC in a business. Those people are just taking it as a 1099, you know? >> [sighs] >> Madame Chair. >> Yes, Commissioner Robbins. >> Has everybody finished? I don't want to jump up. >> Yep. That was what I had. >> Okay. >> So, I I was just curious. So, you said if someone filed a complaint, if there's a concern, how long like it will come back to us to revoke it again? >> So, I think the first time I mean the community service officer typically invests dog complaints. He'll go out and talk to whoever it is and see whether it's really valid. But I mean, luckily she has cameras, so they can say, "We got this complaint. Can we see your video or whatever?" Um, and they'll decide whether it's valid. And if it continues and becomes a nuisance, it'll be back to you. >> Madam Chair, >> Commissioner Robbins, >> I'm going to make a Thank you, Mr. I'm going to make a motion that we reverse the decision of staff and support the appeal. >> Okay, >> I'll second. Okay. So, it's been um Commissioner Robbins has made a motion to uh reverse the appeal and to approve the home occupation permit. And Commissioner Foresight is seconded. And do we need a roll call now, do we? Okay. >> Commissioner Foresight. >> I. Commissioner Wiler >> I. >> Commissioner Sandu >> I. >> Commissioner Reading >> I. >> Commissioner Vanderine >> I. Commissioner Robbins. >> I >> Okay, so >> there you go. >> It um this passed six to zero. Okay. Thank you. Thank you. >> It's it's a tricky one >> to have that business in the neighborhood and I wish you luck and I you know >> don't prove us wrong. >> Yeah. It's >> Yeah. Right. Yeah. [laughter] It's >> I I think you bite off a lot and >> don't don't talk about biting. No punishment. It's a [laughter] poor choice. >> Let's be careful about that. >> Yeah, you can head out. Yeah, you don't have to stay for the whole day of the show. >> Definitely not that exciting. >> Anyone for the dogs may leave. [laughter] >> All right. Uh, we have a public hearing for a conditional use permit request for exterior storage at 4500 Valley Industrial Boulevard South. Um, do I have a motion to open the public hearing? >> So move. >> Okay. >> Second. >> Okay. So, Commissioner Robbins opened the public hearing. Commissioner Sandus seconded. And Mr. Kursky, what do you have for us? >> You You have to vote. You >> Oh, sorry. All right. All those >> for all approved say I. >> I. >> Opposed. >> All right. Motion carries. The public health is public hearing is open. >> Again, this is public hearing conditional use permit for exterior storage at 4500 Valley Industrial Boulevard South. Pat Mason, Ames asset management applicant on behalf of 4500 Valley Green LLC doing businesses as associated mechanical contractors is requesting approval of a conditional use permit to allow exterior storage at 4500 industrial boulevard south. Subject property was recently purchased by associated mechanical and is approximately 6 acres inside in the heavy I2 industrial zoning district. site is improved with one building approximately 55,000 square feet with a batuminous parking lot. Applicant will be renovating the building exterior and interior for office use, warehouse and fabrication of mechanical and plumbing components. The north and east parking lots are proposed to be expanded for employee and customer parking. The area south of the building, which is approximately 2 acres, is proposed to be improved with a puminous surface for storage of motorized equipment, vehicles, and mechanical and plumbing construction materials. The southern limo 60 ft will have a crush granite surface for the storage of track construction equipment. Landscaping is proposed in the front and rear of the property to comply with the city code. Existing chain link fence around the south half of the property proposed to be uh maintained. Request complies with city code section 151.007K. requirements including but not limited to screen from the public rightway uh less than 50% of the lot area minimum of 300 feet from a residential zone and utilizes an improved surface. So this is the site. So this is the existing building. This is the back half. So they'll be making some improvements in the front and side and this will be the area for storage. So this is what it'll look like once the improvements are done. also expanded parking in the front and then paved in the back with an area that if they have any track machines they can park them since they would tear up the uh asphalt surface. So in order for CUP criteria the use will not be injurious to the use and enjoyment of other property. Two is the establishment of the conditional use permit will not impede the normal and orderly development. Three adequate utilities access roads and drainage. for the uses consistent per with the purposes of the zone in which the applicant intends to locate and the use is not conflicted with comprehensive plan. So adoption of resolution 20 2614 approving a cup for exterior storage at 4500 Valley Industrial Boulevard South with four conditions that include total exterior storage area should be limited to the designated areas as shown on site plan dated April 22nd uh 2026. shall comply with the engineering memo dated May 18th, 2026. Landscaping shall be installed per the notes on the landscape plan and they shall obtain all necessary building grading sign permits prior to commencement of any work. >> All right, any questions for Mr. Kurski? All right, this is a public hearing. Is there anyone in the audience who would like to speak to this issue? No. No one. Okay. Um, I'll entertain a motion to close the public hearing. >> So move second. >> Okay. So it was m the motion was made by Commissioner uh Robbins and seconded by Commissioner Vanine. All in favor? I >> I >> opposed. Okay. The public hearing is closed. And what would you like to do? >> Is there anything to discuss? I'm not >> I just I'm going to move to approve the resolution PC 20226-014 as read. >> Second. >> Okay. So, it was moved by Commissioner Vanderine to approve the um resolution PC2026-014 and seconded by Commissioner uh Foresight. So, we need a roll call for this. >> Yep. Commissioner Foresight. I >> Commissioner Wiler. >> I >> Commissioner Sandeu >> I >> Commissioner Reading >> I >> Commissioner Vandervine >> I >> Commissioner Robbins >> I >> Okay, motion carries six to zero. >> And that is that. >> And our next public hearing is a conditional use permit request um for a telecommunication tower at 7700 County Road 101 East. Commissioner Wring, I'm going to just excuse myself during this one just because of a possible conflict of interest. Okay. And then I'll be back for the next one. >> Great. Sounds good. Thank you, Commissioner Foresight. >> All right. >> Do we Are we going to open the public here? >> I'll make the motion to open the public hearing. >> Okay. >> Second. >> All right. A motion has been made by Commissioner Santu to open the public hearing and seconded by Commissioner Robbins. All in favor? I I >> opposed. Okay. Mr. Kursky. Again, this is public hearing for conditional use for telecommunications tower at 7700 Connie Road 101 East. Uh, Buell Consulting is the applicant on behalf of the towers LLC's requesting approval of a conditional use permit to allow commercial wireless telecommunications tower with a total height of 115 ft, which would be 105 ft tower and a 10-ft lightning rod at 7700 County Road 101 East on property owned by Stage Coach LLC Eugene Hansen. Subject property is 14.64 acres in size in the light industrial zone. applicant has leased a 60x40 area in the center of the property for the monopole and associate equipment cabinets. Verizon Wireless will be the first carrier on the tower. However, it is designed to allow for future collocations. So, here's a picture of what the tower will look like with the uh area fenced in around it. Here are some site photos showing where it's going. So, this is the site over on Connie Road 101, which is at the top of the picture, which is north, and it'll be going kind of in the back here in a uh enclosed area. Site is improved with two buildings and a large puminous parking lot. The least area is currently utilized for parking will be enclosed with a 6ft chain link fence. Applicant has determined that the equipment for the proposed tower cannot be accommodated on any existing tower or building within a half a mile radius of the proposed tower. The request complies with city code section 151.007K requirements including but not limited to a monopole design. Maximum tower height of 175 ft or less set back to property lens is greater than half the total of the tower height and is designed for future carrier antennas equipment and mounts. It meets all of the uh cup criteria. Adoption of resolution 202615 approves a cup for a commercial wireless communications tower with a total height of 115 feet and a 60x40 lease area at 7700 County Road 101 East with four conditions including complying with notes and site plans dated April 20th, 2026. Complying with Shakab public utility requirements including but not limited to establishing easement to accommodate underground electrical conductors from overhead poles. Coordinate with Shakabe public utilities on design, pay 100% of the actual materials and labor to provide singlephase 12240 service and execute as Shakabe public utilities electric water terms and conditions as well as underground distribution agreements. Fencing shall comply with the city code section 111.02 and they shall obtain all necessary building, electrical, and grading permits prior to commencing construction. >> All right. Are there any questions for Mr. Kurski? Madame Chair, if I could. >> Yes, Mr. Robbins. >> Mr. Krisky, is is and I don't know if I'd asked that, but is this a ver Verizon driven project or will there be other I think it said in the report there may be other people right now just a Verizon? Is Verizon driving this? >> Who knows? I mean, I think most of these are um towers are now done by tower companies, not by the um communication carriers themselves. And so we have a requirement you have to allow future carriers on them. We're doing one in one of the parks that started out with AT&T and it's now another a tower company and they're going to do AT&T but they're going to probably put two or three others on the tower. So that's the city's preference not to have polls with just one user but to have multiple users on the polls. >> Madam Chair, thank you. Thank you, Mr. K. >> Any other questions? >> Okay. This is a public hearing. So if anyone would like to speak to this issue, sign in and let us know who you are. [snorts] >> Did you sign in? >> I did sign in. I'm I'm here on behalf of the tower. So >> Okay. Yeah. >> You want me to speak during >> your name and >> Okay. I didn't know if you wanted me to speak during the public hearing. Um so yeah, Justin Gartner, uh on behalf of the Towers LLC, uh I'm really here just to answer any questions you guys have. I just have basic outline. Basically, you're a landlord of the tower and you rent space to carriers. >> Correct. >> Essentially how it works. >> Yep. >> Okay. >> Their business model is to have the infrastructure for the carriers to to uh lease from >> and uh generally they work with one carrier as a seed company that helps cover the cost of of constructing it and getting it in place. Um I don't know with financials but yeah you know their business model is to gain more carriers. >> That's how they really generate revenue. >> Sense. >> Any other questions? >> Can I just ask you um what kind of schedule you're looking at in terms of putting this up? >> Yeah. Uh good question. I believe um the it's scheduled for 27 >> 2027. >> 2027. Correct. Um, but as the carriers and the tower company work, you know, they really re-evaluate their projects as a mass when we get to the point of a permit and everything's approved and, you know, a tower may be ready to go ahead of schedule, they'll reevaluate. It could be pulled into this year. That's fully possible. >> Thank you, Madam Chair. >> Great. Any other questions for the applicant? All right. Uh, could I have a motion to close the public hearing? >> I move we close the public hearing. I'll second. >> Okay. Commissioner Vanderine move to close the public hearing. Commissioner Wiler second. All in favor say I. >> Opposed. >> Motion carries. 50. >> All right. What would you like, >> Madam Chair? >> Yes. Um, I move that we approve resolution PC 2026-015, a resolution approving a CUP for a telecommunications tower at 7700 County Road 101 East. >> Okay. Is there a second? >> I'll second. >> Okay. So, Commissioner Robbins has made the uh motion to approve resolution 2026-015 and Commissioner Wiler has second. >> Need a roll call? >> Yep. Commissioner Foresight's not here so he will be in abstain. Commissioner Wiler >> I. >> Commissioner Sandu >> I. >> Commissioner Reading >> I. >> Commissioner Vanderine >> I. >> Commissioner Robbins >> I. >> All right. Carries 5. Okay. Thank you. >> Yep. Thank you guys. Have a good night. >> You're back. >> I heard the end of it. [laughter] >> Conflict of interest. >> All right. The last public hearing is for a conditional use permit for a vehicle repair at 5515 Maris Street. Do I have a motion to open the public hearing? >> So move. >> Second. Okay. So, Commissioner Robbins, open the public hearing. Commissioner Sand do second. All in favor? >> I >> opposed. All right. >> Chair and Commissioners is a conditional use permit for vehicle repair at 1515 Mirror Street. So, this is the site applicants. Uh, Royal imports lot is 22.86 acres. Property is Mer Street LLC. Zoning is I1 light industry and in mixeduse employment center. Royal Imports is proposing to relocate from Canon Falls to Shakabe. Currently they have three employees and they're open Monday through Friday. Services offered are fluid changes, tire mounting, dismounting, powertrain repair and replacement, internal component repair and replacement, suspension repair and replacement uh and bodywork painting is not offer uh offered nor proposed. This is the building. If you remember, this is one of the uh locations that you revoke the cup because they had a bunch of junk vehicles back here and um the tenant was evicted. So, they're back filling that space. So, they'll have a customer entrance here with their garage doors, employee parking in the back, and then customer parking on the side. So, here's their interior. Three lifts and some air compressors along with an office and reception area. recommendation is to adopt resolution PC 202617 which approves a conditional use permit for vehicle repair at 1515 Morris Street for Royal Imports. >> Right. Does anybody have any questions from Mr. Kurski? >> Yeah, I don't know if you know or maybe the applicant does. Is this for passenger vehicles or is it for like semis and industrial vehicles? I'll ask them. Thanks. Okay. Y >> you can go up here and just sign in. >> Sign in and let us know who you are. I am Oscar Brady, one of the co-owners of Royal Imports. I'm just here to answer any questions you guys have for us. >> Yeah, thanks. My my first one was just what I asked Mr. Kursky. Is this for just regular passenger vehicles or is it like industrial vehicles, you know, uh work vans, like semi-truckss? What are you What are you >> It would be regular passenger vehicles. you know, sometimes they'll there'll be a business car or a business truck. Um, nothing big semi-truckss or anything like that. No cargo vans, none of that. So, >> Okay. Thanks, >> Madam Chair. Do you have a background in this prior to this? I mean, have you been doing this for a while? >> Uh, we've been we're actually in Cannon Falls. We just want to move up to the city, kind of get a bigger customer base. Um, we've been around since 2015 or 16, somewhere around there. Um, so yeah, we just wanted to move closer to the city, you know, get a bigger customer base, I guess. >> Okay. And you have three employees. >> Yep. Uh, it's the employees is basically the three co coowners. So, >> okay. >> Um, he's one of them and then the other one's unfortunately with the kids. [laughter] >> Okay. Any other questions? All right. Is there anyone else who would like to speak to this issue? >> Okay. Thank you. >> Thank you. >> All right. Um, so could I have a motion to close the public hearing? >> So moved. >> Okay. >> Second. >> Okay. So, Commissioner Foresight has moved to close the public hearing. Commissioner Sandu has second. All in favor? I >> I >> opposed. Motion carries. So, what would you like to do? Unless there's any any other discussion, I'll move that we adopt resolution PC2026-017, the conditional use permit for vehicle repair at 1515 Maris Street. >> Second. >> Okay. So, it was um Commissioner Foresight made the motion to adopt the resolution. Commissioner Commissioner Robin seconded. >> Roll call. >> Yep. Commissioner Foresight. >> I. Commissioner Wiler. >> I. >> Commissioner Sandeu. >> I. >> Commissioner Reading. >> I. >> Commissioner Vanderine. >> I. >> Commissioner Robbins. I >> motion carries six to zero. Thank you. All right. Item six is other business. Is there any other business? All right. [laughter] >> I'm glad to hear that. Um so who would like to make a motion to adjourn to July 9th, 2026 at 700 p.m.? >> So move. >> Second. >> Okay. So Commissioner Robbins has made a motion to adjourn the meeting. Commissioner Sand who is seconded. All in favor? I >> I opposed. All right. Motion carries. 6. >> Better bang that gavvel. >> No, you can. You can bang it out. Do I get to bang? I'll bang it in. There we go. [laughter] >> All right. I'd like to call the Shaki Planning Commission for Thursday, June 4th at H roughly 8:03. Um item one on the agenda is roll call. >> Yep. >> Commissioner Foresight >> here. >> Commissioner Wiler >> here. Commissioner Sandu >> here. >> Commissioner Reading >> here. >> Commissioner Vandervine >> here. >> Commissioner Robbins >> here. >> Thank you. We'll move on to item two, approval of the agenda. Are there any additions or subtractions to the agenda? No. >> Hearing none, I'll entertain a motion. >> So move second. >> Commissioner reading with the second. Any discussion on approving the agenda? >> Hearing none. All in favor? I. >> Any opposed? >> Great. We'll move on to item three, recommendation by planning commission of interested citizens. uh if there is anybody uh that would like to speak on anything not on the agenda. Uh but I think we'll move on to item four, the consent agenda. Um the only thing in the consent agenda is the meeting minutes from May 7th, 2026. Are there any additions, subtractions, or changes to the minutes from May 7th? >> Hearing none, I'll entertain a motion to approve those minutes or the consent agenda as a whole. >> Commissioner Wiler second then. >> Commissioner Vanderine with the second. Any discussion on approving the consent agenda? Hearing none. All in favor? I. Any opposed? Great. >> Madam, Mr. Chair, I'll abstain. >> Oh, thank you, Commissioner Robbins. Abstain from that. We went to item five, general business. There is one item under general business. It's a public hearing for a planned union development amendment at 1300 Crossings Boulevard. First thing we should do is open the public hearing. >> So moved. >> Commissioner Raden. >> Second. >> Commissioner Wiler with the second. Any discussion on opening the public hearing? Hearing none. All in favor? >> I. Any opposed? Great. Is there a >> hearing supposed There's no Yeah, you need to continue this till the next meeting. >> Great. So, the public hearing is open. Um, I will then entertain a motion to continue this public hearing to July 9th, I assume, or just continue it. >> Do we have to put a date on it? >> Let's not put a date on in case something happens. >> So then I'll entertain a motion to just continue the public hearing. >> So moved. >> Commissioner Robbins, there Commissioner Sand with the second. Any discussion on continuing the public hearing? >> Hearing none. All in favor? >> I. Any opposed? >> Great. Uh, okay. So, that public hearing is continued. Uh, we may hear it at a different time. >> We'll move on to item six. Any other business? >> No. >> Uh, all right. Then we'll move on to item seven. Uh, [laughter] about adjourning to July 9th at 7 p.m. >> So moved. >> Commissioner Sandi with the motion. Second. Commissioner Vanderine with a second. Uh, all in favor? I. Any opposed? All right. We're journed at 806.