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Shakopee Board of Adjustments and Appeals
April 7, 2022
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
Conditional Use Permit Revocation |
| | | | | | | | Policy/Action Requested:
Adopt Resolution No. PC2022-005, revoking CUP Resolution No. PC2021-003 for vehicle service and repair at 7300 County Road 101. |
| | | | | | | | Recommendation:
Staff recommends that the BOAA adopt Resolution No. PC2022-005, which would revoke CUP Resolution No. PC2021-003. |
| | | | | | | | Discussion:
Review the progress made by Mr. Mesenbrink on bringing the site at 7300 County Road 101 into compliance with Conditional Use Permit No. PC2021-003. If the BOAA finds the site to not comply with the approved CUP, they shall offer a motion to approve Resolution No. PC2022-005, a resolution revoking the CUP for vehicle service and repair at 7300 County Road 101.
The city has received numerous complaints from surrounding business owners, City Council members and members of the public about the condition of the property at 7300 County Road 101. The complaints relate to storage of damaged vehicles and parts, parking of unlicensed and inoperable vehicles, parking of trucks in unapproved locations (blocking fire access to building), trash not contained as required by the CUP and City Code, and non-compliant screening and landscaping. The city also received a complaint of fuel oil on the surface waters, which was confirmed by the Engineering staff.
The City has previously notified the property owner on multiple occasions of these non-compliant conditions, but the site continues to remain in violation of the conditions of approval.
Staff reviewed the approved CUP, and found the following conditions of approval non-compliant:
3. Access for emergency vehicles must be maintained on the site. The access must be approved by the Shakopee Fire Inspector.
9. Applicant shall maintain all vehicle parts being stored in the interior of the building in a neat and orderly manner.
11. Service and repair of vehicles must be conducted entirely within a structure.
14. Vehicles that are unlicensed or inoperable must be stored completely out of view of the public right-of-way and must not be stored on the site for more than 7 days.
15. Storage of parts, tires, or other items shall be limited to inside a building.
16. All drive aisles shall be kept clear and meet current code standards (24' wide drive aisle for two-way traffic).
17. All trash containers shall be stored on the interior of the building or shall meet City Code standards (be totally enclosed with materials similar to the structure and shall include a roof).
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