TENTATIVE AGENDA Shakopee Board of Adjustments and Appeals Regular Session 7:00 p.m. October 6, 2016

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1 If Board Members have any comments, concerns or questions, they should contact the staff Project Manager prior to the scheduled meeting date. Also, if you are for any reason unable to attend the meeting, please call the Community Development Department (952) as soon as possible. Thank you! TENTATIVE AGENDA Shakopee Board of Adjustments and Appeals Regular Session 7:00 p.m. October 6, 2016 Chair Lori Brandon Presiding LOCATION Council Chambers City Hall 129 Holmes Street South 1. Roll Call 2. Approval of Agenda 3. Recognition by Board of Adjustment and Appeals of Interested Citizens Approval of August 4, 2016 Minutes. PUBLIC HEARING: Caselog #16-040, Conditional Use Permit for Exterior Storage in the I-2, Heavy Industry Zone at 901 Canterbury Road South. 6. Other Business 7. Adjourn to November 3, 2017 at 7:00 p.m.

2 4. TO: Shakopee Board of Adjustments and Appeals FROM: Tami Vidmar, Administrative Assistant DATE: 10/06/2016 SUBJECT: Approval of August 4, 2016 Minutes. Action Sought Approve the Minutes of August 4, 2016 as presented. Requested Action Approve the Minutes of August 4, 2016 as presented. August Minutes Attachments

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5 5. TO: FROM: DATE: 10/06/2016 Shakopee Board of Adjustments and Appeals Kyle Sobota, Senior Planner SUBJECT: PUBLIC HEARING: Caselog #16-040, Conditional Use Permit for Exterior Storage in the I-2, Heavy Industry Zone at 901 Canterbury Road South. Action Requested Offer a motion to approve Resolution No. PC16-040, a resolution approving a conditional use permit for outside storage at 901 Canterbury Road South, and move its adoption. Introduction: Paul Welna, representing Murphy Warehouse, has applied for a conditional use permit for outside storage of pallets of shingles at 901 Canterbury Road South (the former KMart Distribution Center site). The CertainTeed shingle production plant on 4th Avenue in Shakopee will be producing a larger amount of shingles than the exterior storage yard at the plant can support. In order to continue production of shingles at the plant, a location is needed for storage of the additional shingles. From discussions with the CertainTeed Plant Manager, a location relatively near the plant is preferred. It is anticipated that the storage area would be used from October to March. Background: The applicant has applied to use an area 250' x 350' south of the existing building for storage of pallets of shingles. The pallets of shingles are less than 6' in height and would be lower than the berm on the south side of the lot, so it would not be visible from an adjacent property to the south. The storage area would be visible from Canterbury Road, County Road 83. Exterior storage requires a conditional use permit in the Heavy Industry (I-2) Zone. When a conditional use permit is issued, there is not a date that the Board can set for the permit to be nullified. A conditional use permit runs with the land provided the use remains in good standing with the approved conditions, or until another use occupies the site and the conditional use permit is revoked. Discussion: Planning staff have dealt with the exterior storage of shingles from production overruns on sites both with and without conditional use permits for exterior storage in the City. Staff is recommending approval of the request, but since the conditional use permit would be granted specifically for this use and run with the land, staff recommends that a row of evergreen trees be planted west of the truck dock area to screen the storage area. The Fire Marshal has commented that pallets of shingles must be at least 20' from the building for fire truck and emergency vehicle access, and individual storage areas not exceed 100' x 100'. The 100' x 100' storage areas must be separated by at least 10'. Based on

6 these requirements, it is contemplated that there will be up to 12 pile areas arranged in 3 rows with 4 areas in each row. Staff Recommendation: Staff recommends approval of the request, subject to conditions of Resolution No. PC Location / Site Plan Applicant Narrative Resolution No. PC Attachments

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9 RESOLUTION NO. PC A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE OF SHINGLES IN THE HEAVY INDUSTRY (I-2) ZONE AT 901 CANTERBURY ROAD S WHEREAS, the City of Shakopee received an application from Paul Welna, applicant, and SHAKKIN LLC, property owner, for a Conditional Use Permit for exterior storage; and WHEREAS, the property for which the application was made is legally described as follows: Lot 1, Block 1, Valley Park Third Addition, Scott County, Minnesota WHEREAS, proper public hearing notices were sent, published and posted, and on October 6, 2016, a public hearing was held on the requested Conditional Use Permit before the Board of Adjustment and Appeals (BOAA). NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, that it adopts the following findings relative to the request for Conditional Use Permit. Conditional Use Permit Criteria and Proposed Findings: Criteria #l: 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 Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, nor substantially diminish and impair property values if conducted in accordance with the proposed conditions. Criteria #2: The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2: The Board finds that the establishment of the conditional use will not impede the

10 normal and orderly development and improvement of surrounding property. Criteria #3: Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; Finding#3: The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for 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 Board finds that this use is consistent with the purposes of the Heavy Industry (I-2) Zone. Criteria #5: The use is not in conflict with the Comprehensive Plan. Finding #5: The Board finds that the use is not in conflict with the Comprehensive Plan. BE IT FURTHER RESOLVED, that the Conditional Use Permit to allow a exterior storage in the Heavy Industry (I-2) Zone at 901 Canterbury Road South is approved subject to the following conditions: 1. The exterior storage is only permitted to be new shingles stacked neatly on pallets. 2. Height of the pallets and shingles is not to exceed Stacked shingles must be at least 20 from the building. 4. Individual storage areas must not be greater than 100 x 100 in size and must be separated by at least a 10 aisle. 5. The total area permitted for storage, including required separations is not to exceed 265 north south by 350 east-west. 6. To screen the storage area from Canterbury Road a line of at least eight evergreen trees least 6 in height at the time of planting must be planted in the greenspace west of the proposed storage area. The trees must be spaced at least 20 apart. Adopted by the Shakopee Board of Adjustment and Appeals on the 6th day of October, ATTEST: Chair of the Board of Adjustment & Appeals Michael Kerski, Director of Planning and Development PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN PC16-040