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Planning Commission Meeting Minutes December 18, 2001 • Page 2 1 VIII. HEARINGS. 2 8.1 Villap-e North, LLP, 2801 37`" Avenue Northeast: Conditional use permit for packaging 3 of wax and other components into candle products. 4 Henry indicated that, at the request of the applicant, on November 27, 2001, the City 5 Council adopted wax and scented wax manufacturing processes to be added under 6 permitted conditional use in the Light Industrial zoning district. She continued that the 7 applicant was now requesting a conditional use permit for a company called Essenco to 8 occupy the building at 2801 3Th Avenue Northeast. Essenco manufactures candles. 9 10 Henry stated that residents in the vicinity of the light industrial building at 280137" 11 Avenue Northeast have complained to City staff of perfumed odors coming from the 12 building over the last three to four weeks. Henry added that City staff has confirmed 13 Essenco already occupies the building and has begun its operation. 14 15 Henry indicated that Ken Solie has offered the concept of a review board as a possible 16 remedy if there is a problem with smell in the neighborhood. However, Henry stated,the 17 City Attorney has advised staff the City should not delegate its regulation to a citizen's 18 review committee, rather the City should have enforceable conditions in the conditional 19 use permit. 20 21 Henry concluded that the difficulty with this case is defining the problem: When has the • 22 odor reached the public nuisance level? Is there a way to measure the smell? Or is it 23 merely subjective? 24 25 Ken Solie, owner of the building, came forward and agreed that it was very difficult to 26 set conditions of what determines a problem with odor. He continued that they looked at 27 four other cities that have ordinances in place that are relatable, and how they quantified 28 the condition. 29 30 Solie indicated that they contacted the code compliance people in four different cities to 31 see if they have had a problem relating to odor from the facilities in their cities. He 32 stated that all four people indicated that they have not experienced any difficulties with 33 the candle manufacturing company in their city. 34 35 Solie indicated that he had researched different ways to quantify an odor problem and 36 ways that it could be attached to a conditional use permit. Through his research, Solie 37 learned that the only way to determine the intensity of an odor was through human smell. 38 39 Solie proposed that they devise some sort of criteria that would determine the point at 40 which an odor would be a problem. He suggested a condition that stated: if complaints 41 were received from residents, it would lead to the assembly of a committee through an 42 unbiased process, or they would retain a consultant to aid them in establishing their 43 criteria regarding the issue of odor. 44 45 Solie continued that they have looked at the mechanical systems of the building to ensure 46 that everything was operating properly in the building. He indicated that he hired Dan 47 Shinlof, of Mechanical Operations, who has gotten the mechanical systems in the 48 building running properly.