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MEMORANDUM DATE: 12/11/01 MEETING DATE: 12/18/01 TO: Planning Commission Members FROM: Susan Henry, Assistant City Manager SUBJECT: Village North, LLP, 2801 37th Avenue Northeast: Conditional use permit for packaging of wax and other components into candle products. Requested Action: Ken Solie, Village North LLC and property owner of the light industrial building located at 2801 37th Avenue Northeast, is requesting a permitted conditional use for packaging of wax and other components into candle products. Background: At the request of the applicant, on November 27, 2001, the City Council adopted wax and scented wax manufacturing processes to be added under permitted'conditional use in the Light Industrial zoning district. The applicant is now requesting a conditional use permit for a company called Essenco to occupy the building at 2801 37th Avenue Northeast. Essenco manufactures candles. Residents in the vicinity of the light industrial building at 2801 37th Avenue Northeast have complained to City staff of perfumed odors coming from the building over the last 3-4 weeks. City staff has confirmed Essenco already occupies the building and has begun its operation. The City has made it clear to the applicant that they are not allowed in there because the conditional use permit has not been approved. Ken Solie has offered the concept of a review board as a possible remedy if there is a problem with smell in the neighborhood. However, the City Attorney has advised staff the City should not delegate its regulation to a citizen's review committee, rather the City should have enforceable conditions in the conditional use permit. Typical conditions the City has approved in the past include hours of operation, lighting, landscaping, abiding by applicable state and federal laws, etc. The difficulty with this case is defining the problem. When has the odor reached the public nuisance level? Is there a way to measure smell? Or is it merely subjective? Perhaps no smell could be a condition for the applicant; however, is it realistic? Attachments: • Petitioner's Application • Adopted Ordinance related to allowing the wax and scented wax processes as a permitted conditional use in the light industrial zoning district.