Item Coversheet

6.A.


Shakopee Board of Adjustments and Appeals
July 5, 2018


FROM: Joe Widing, Planner 
TO:Board of Adjustment and Appeals
Subject:
PUBLIC HEARING: Conditional Use Permit for a Vehicle Rental Facility in the Highway Business Zone.
Policy/Action Requested:
Approve Resolution No. PC2018-009, a resolution approving a Conditional Use Permit to allow a vehicle rental facility.
Recommendation:

After evaluating the request against the stated criteria for a Conditional Use, staff recommends that the Board approve this request as the criteria for granting a CUP, with the conditions noted, will be met. 

Discussion:

SITE INFORMATION

Applicant:                  MN Auto Depot, LLC

Property Owner:       Paul A. Sullwold Trust

Location:                   1420 3rd Avenue West

Current Zoning:       Highway Business (B1)

Adjacent Zoning:     North: Highway Business (B1)

                                   South: Highway Business (B1)

                                   East: Multiple Family (R3)

                                   West: Highway Business (B1)

Comp. Plan:              Commercial

Lot Size:                    2.38  Acres

 

MN Auto Depot, LLC, has made an application for a Conditional Use Permit to allow a vehicle rental facility to be located on a portion of the premises for a U-Haul rental business. The subject property is located in between Harrison Street South on the east frontage and 3rd Avenue West on the west frontage. The property is directly west of Riverview Park. 

 

The applicant has provided a descriptive narrative, site plan and floor plans for this proposal.  The nature of the operation will be a U-Haul rental site which is proposed to be in a fenced in and paved area in the rear of the principle structure and small office space within the principle structure. There will be no new construction as the applicant is leasing existing space and utilizing an existing fenced in area to continue their U-Haul rental operation, which is being displaced by Scott County in preparation of construction of a new grade separated interchange located at HWY-169 and CSAH 41.

 

The previous main user of the site was a plumbing and heating company which used the property for office and storage uses. This user is no longer at the location and a majority of the property is currently vacant. A Conditional Use Permit for vehicle repair was previously approved for this property in 2000 and is currently still being utilized by a small existing tenant in the building. It should be noted that the property is currently for sale. The applicant is aware of this fact.

 

The area where the U-Haul trucks and trailers are proposed to be stored is currently paved in addition to being fenced and screened from adjacent properties. There will be 12 parking spaces available for customers and staff to utilize on the northwest of the property as seen on provided the site plan. This is greater than the 2 spaces required by code.

 

FINDINGS

The criteria required for the granting of conditional use permits are listed below with staff findings.

 

Criteria #1: The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;

Finding #1: The neighboring properties are already used for similar uses including exterior storage and vehicle oriented services. Staff has received no evidence that the proposed vehicle rental facility will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the conditions of the resolution are met. 

 

Criteria #2: The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;

Finding #2: The conditional use permit, as proposed, will not impede future development and improvement in the area, provided the conditions of the resolution are met. 

 

Criteria #3: Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;

Finding #3: The applicant is utilizing a portion of an already developed property. Adequate utilities, access roads and drainage are provided at the site.

 

Criteria #4: The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and

Finding #4: The use of the subject property is consistent with the purposes of the Highway Business (B-1) Zone, which is commercial use and development. A vehicle rental facility is a commercial use and is explicitly listed as a conditional use in the B-1 Zone. 

 

Criteria #5: The use is not in conflict with the Comprehensive Plan.

Finding #5: The use is not in conflict with the Comprehensive Plan which designates commercial uses for this property.

ATTACHMENTS:
Description
Site Aerial
Project Narrative
Floor and Site Plan
Engineering Memo
Resolution PC2018-010
Proof of Interest in Land
Public Comment 1