Boards of Adjustment and Appeals - Regular Meeting

of the Shakopee Board of Adjustment and Appeals. And we will start with the roll call.

Commissioner Forsythe. Here. Commissioner Wyler.

Sky Yu Ma. Here.

Commissioner Sandu. Here. Commissioner Redding.

Here.

Commissioner Cheris. Commissioner Van Der Veen. Here. Commissioner Robbins. Here.

All right, our second item on the agenda is the approval of the agenda. Are there any corrections to tonight's agenda? All right, so I will entertain a motion to approve the agenda.

Madam Chair, so moved.

Okay, and who's second?

I'll second.

Second, okay. So Commissioner Robbins has approved the agenda and Commissioner Forsyth has seconded. All in favor? Aye. Opposed? Okay, so motion carries. The third item is the recognition of the Board of Adjustment and Appeals of interested citizens who would like to speak to an item not on the agenda. So if the item is not on the agenda, anyone? All right. The number four is the consent agenda. And on the consent agenda, we have approval of the Board of Adjustment and Appeals minutes for August 6th, 2026. Are there any changes or... to the minutes.

I will abstain because I was not here last time.

And I will too because I wasn't here. All right. Hearing none.

I move that we approve the consent agenda.

Okay.

I'll second.

Okay. So it has been moved by Commissioner Forsyth and seconded by Commissioner Weiler. All approved?

All approved?

Aye.

Aye.

And both Commissioner Santu and I abstain. For general business tonight, we have a public hearing. It's a conditional use permit for exterior storage and vehicle repair at 1555 Marist Street. Could I have someone make a motion to?

I'll make a motion to open a public hearing. Okay. Second.

Okay, so Commissioner Santu has made a motion to open the public hearing. Commissioner? All in favor aye opposed, okay begin the public hearing So again, this is a conditional use permit for vehicle repair and exterior storage at 155 Maris Street This is the larger site

Applicant is Bacall Transportation. The lot area is 22 acres. The owner is Marist Street LLC, Eugene Hanson. It's zoned I-1 Light Industry, and it's a mixed-use employment center. Applicant was requesting a conditional use permit for a vehicle repair to allow service to their fleet of vehicles within their tenant space of the building, exterior storage of up to 18 trucks and trailers on the north side of the site, and up to 16 trucks without trailers on the south side of the site. So this is maximum of 16 trucks would be stored here, and a maximum of 18 trucks would be stored over here. You previously approved a CUP for outdoor storage for BIFs here, and then over here you approved a outdoor storage for the dock and boat company. So this is the unit they're going to be occupying right here. So BIFS is in this one right here. Brum Repair is in these two. TK Marine that has the boats is right here. And Mr. Power Wash is in this unit. So again, they would have trucks in here, toolbox, shelving parts in this bay. So a letter of opposition was received today from resident at 8785 Boiling Springs Lane. It's placed on the table. This is their house over here. This is the actual subject property over here. So staff recommendations about PC2026-019, which approves the conditional use permit for vehicle repair and exterior storage at 1555 Mirror Street. The conditions are storage of vehicles must only be in designated areas. Storage of unlicensed or inoperable vehicles is not permitted. Vehicles stored on site must be affiliated with this tenant space. Service work must take place within the building. And dead trees in the berm on the south side of the lot must be replaced by September 30th. The property owner stated the trees are on order. So that would be in this area here.

OK. That's all we got? Any questions?

Mr. Kierski, and I'm reading the person that objects to this, but is there a history of tree problems on this property? I mean, we've been here before. In terms of the south part of that, have the trees come and gone? It says trees are on order. Can you kind of go into that a little bit?

So I think, chair and commissioners, so this is his house over here. This is the property we're talking about tonight. I know he's had concerns in the past with this property, the issue of they built this pond here to help his lot because it was flooding. If there is a berm here, basically all the water would sit on his property. So this has actually helped his property. This is way over here. I mean, it's not in his backyard. And they are going to replace any dead trees on this berm down here.

Do you have a sense of how tall that berm might be right now, roughly?

The berm was roughly probably 20, 22 feet. It's set down after. from settling for the last couple of years. But I know the trees right up on the far right, right there. There's three dead trees right there. And I talked to Kyle maybe two weeks ago, and I brought in the other paperwork for the other additional bobtail truck parking.

Could you sign in before? And have a seat and talk into the microphone.

I'll give you a sign-in sheet.

Please go. Dan.

I don't think that's the right one.

Commission?

I don't know .

Yeah, so basically I'm a.

Can you identify yourself?

Oh, I'm Dan Wall and I help Eugene Hansen out down on his properties. Okay, go ahead. But there's three trees that backed up to Dan, Houston, Paragon dirt that are, it's in the far right corner. But I talked to Kyle Sabota maybe two weeks ago when I dropped off an amendment to the Verbecken truck. But Mezenbrink has got the trees for when they're going to be coming in to put them in. It should be probably next week. And there was five evergreen trees, and I guess I'm not sure what the soil. But we've had a problem with the evergreen trees in there before. It seems like every other tree takes off, but the evergreen trees don't like the soil. And then for the 8785, when we put up the direct line building there too, he had kind of, he wanted to put a higher berm, a 20-foot berm to whatever. But it's like Michael said, on the drainage problems that he had, it would have created worse of a problem than what he has. And it was like that for years for where it is right now. And plus on the... To the left of the building there Spock owns that now and I don't think Howard's aware Let the Spock or the city of Shakopee owns that property now Madam chair, can I follow up with just one more question?

This proposal You're gonna park trucks here and then you're gonna work on trucks, but you have to do that inside and

Yeah, the beckon's quite aware of that. He owns a large truck company, and that's what he's aware. And he knew one of the priors, and that's what he knows everything has to be done inside the building. It's just going to be an individual truck company.

But is the building that you're referring to, the one on the left there, the big one there?

Yeah.

Thank you, Madam Chair.

Any other questions? Okay.

And from whatever I've seen on his stuff, he keeps everything kind of immaculate, so it's kind of... Usually I was kind of against on doing any more truck repair or anything in the building, but this guy seems kind of... or he knows the rules or whatever and will abide by them.

Does he own the trucks? Yeah. Okay, so all the trucks are his?

Yeah, yep, they're all his trucking company. Yeah, he seemed like a pretty decent guy and he's just growing and growing. He started out with, I believe, one or two trucks and he actually had a trucking emergency or whatever, that's why he's not here tonight. And Eugene did too, a family emergency, so it was,

Any other questions?

So if I understand right, when this letter says the barrier trees were removed, those trees were dead. Is that correct?

There's never been a barrier of trees there.

Is he talking about a property that's straight north of him? He can't see this property, so I'm not sure what his issue is. I mean, you can see on this map, he's at 8785, and the subject property is way on the other end.

Is he talking about the other property?

No, and his house is right where it says Spring Lane. His house is right where the S is.

Yeah, but is he confusing? Yeah. Mr. Kierski, is he confusing properties, do you think? I mean, he's looking across and seeing there's no trees there, but that's not even the property we're talking about, right?

Correct. But even where the lane is right there, there's a pile of trees of his own that are just blocking. So, yeah, and he's always been really decent whenever I see him or whatever, and that's why I was just kind of surprised when I see the letter for, you know, he's probably a good 150, 200 yards away from the building. Okay. All right.

Okay. And any other questions, concerns? All right. I'll entertain a motion to close the public hearing. So moved.

Second.

All right. So Commissioner Forsyth has made the motion to close the public hearing and Professor.

That would be nice, but no. Who made the motion?

Commissioner Van Der Veen has seconded.

And who seconded?

OK. All right. All in favor? Aye. Opposed?

Madam Chair? Yes.

You could.

Yeah. You know, we read this. this dissent, this opposition. I don't think he's adversely impacted at all by this. It's not across the street. The owner of this property is going to get trees, according to you, that they should be here within one or two weeks and put them up. I'm inclined to offer a motion to adopt Resolution PC 2026-019.

Is there a second?

I'll second.

Okay. So Commissioner Robbins has made a motion to approve the Conditional Use Permit and Commissioner Forsyth is seconded. So we'll need a roll call, correct?

Yep. Commissioner Forsythe? Aye. Commissioner Wyler? Aye. Commissioner Sandhu? Aye. Commissioner Redding? Aye. Commissioner Van Der Veen? Aye. Commissioner Robbins?

Aye.

All right. Motion carries. Any other business?

No.

OK. So I will entertain a motion to adjourn until October 8, 2026. So moved. Second. So Commissioner Robbins has made the motion to adjourn, and Commissioner Van Der Veen has seconded. All in favor? Aye. Opposed? All right. Motion carries. We're adjourned until October 8th.