Item Coversheet

10.B.1.


Shakopee City Council
February 7, 2018


FROM:Mark Noble, Senior Planner
TO:Mayor and Council Members
Subject:
Appeal of Conditional Use Permit for Exterior Storage in the Light Industry Zone
Policy/Action Requested:
Approve Resolution No. R2018-010, a resolution denying Beacon Construction, Inc.’s appeal of the BOAA’s approval of Resolution No. PC17-060.
Recommendation:
Board of Adjustment and Appeals Recommendation
The Board spent a considerable amount of time discussing the applicants concerns, including discussing phasing the paving requirement and phasing the build out of the storage area before reaching their decision, which was a 6-1 vote to approve Resolution No. PC17-060, a resolution approving the Conditional Use Permit with 10 conditions of approval.

Discussion:

Beacon Construction, Inc. made application for an Appeal of the Board of Adjustment and Appeals’ (BOAA) determination of a Conditional Use Permit request to allow exterior storage at 290 Sarazin Street.

The BOAA reviewed the CUP request at their January 4th meeting, and approved Resolution No. PC17-060, with conditions. (see attached CUP Resolution). This resolution would allow exterior storage of vehicles and lifts in an area north of the recently constructed building located on a 5.4-acre site at the northwest corner of 4th Avenue and Sarazin Street. This storage area, as conditioned by the BOAA, would be enclosed by an 8’ chain link fence with a fabric covering for screening purposes and coniferous trees, and surfaced with either asphalt and/or concrete.

The Board, in making their decision, referred to the Criteria for granting conditional use permits (Section 151.011) of the City Code. Those Criteria and Findings are as follows:

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 Staff has received no evidence that the exterior storage area 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 Adequate utilities, access roads and drainage are provided or will be 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 Light Industry (I-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 guides this property for industrial uses.

The Board questioned staff and the applicant/property owner on a number of topics, including the following:
a. What feedback had staff received from neighboring property owners.
b. The nature of the types of vehicles and equipment to be stored on site, with the Board expressing concerns about dust generation, site maintenance and leaking fluids from the vehicles.
c. Frequency of movement of equipment and vehicles (daily and/or weekly).
d. What type of surface does the business have at their existing site.

Staff responded that residential property owners south of this site expressed concerns with the visual appearance of the vehicles and lifts in the storage area. The applicant stated that there would be a limited number of cube vans, pick ups with ladder racks, semi truck-type cabs, and scissor lifts stored or located within this storage area. The applicant stated that some of the lifts and vehicles would move on a daily basis, and some would be moved on a monthly basis, and that their current site is paved with asphalt.

The Board spent a considerable amount of time discussing the applicants concerns, including discussing phasing the paving requirement and phasing the build out of the storage area before reaching their decision, which was a 6-1 vote to approve Resolution No. PC17-060, a resolution approving the Conditional Use Permit with 10 conditions of approval.

Budget Impact:
N/A
ATTACHMENTS:
Description
Resolution No. R2018-010
Applicant Appeal Letter
Site Aerial
Site Plan
Resolution No. PC17-060
CUP Staff Report