The City 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 had previously notified the property owner on multiple occasions of these non-compliant conditions, but the site continued to remain in violation of the conditions of approval.

Staff reviewed the approved CUP, and found the following conditions of approval non-compliant at the time:

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).

Staff also found at the time that there was oil and other fluids leaking and pooling on the site.

Based on those site violations, the staff recommended to the Board of Adjustment and Appeals to revoke CUP Resolution No. PC2021-003. A representative of the owner testified at the hearing that they had cleaned up the site. 

The Board voted to revoke that Resolution based on the evidence that was presented.  After the hearing, the property owner/applicant representative appealed the Board's decision.

Since the Board’s vote on April 7, 2022 and subsequent appeal, during the past five months, the property owner and its attorney have worked to evict a number of tenants and have worked to bring the site into compliance with the approved CUP Resolution conditions, including cleaning up the site and installing the required landscaping.

At this time, based on a recent staff site inspections, the site appears to be in compliance with the initially approved CUP Resolution; therefore, staff recommends that the Council overturn Resolution No. PC2022-005, which revoked CUP Resolution No. PC2021-003.

Staff will continue to monitor this site and work with the property owner to ensure compliance with the initially approved CUP Resolution.