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Planning Commission Meeting Minutes <br /> March 19, 2002 <br /> • Page 8 <br /> 1 <br /> 2 Chair Melsha closed the public hearing at 8:48 p.m. <br /> 3 <br /> 4 Chair Melsha stated that, if they were to approve the amendment, he was uncertain as to <br /> 5 what conditions they would attach that would be a way to measure conduct. He added <br /> 6 that, as long as the proposed use fits within the statutes for conditional uses, it is granted. <br /> 7 Chair Melsha indicated that the general exception to that is when the use would interfere <br /> 8 with the general health, safety and welfare of the residents. <br /> 9 <br /> 10 Chair Melsha stated that the track record with the applicants has been disappointing, and <br /> 11 indicated that he felt that there is a sufficient basis to deny the request to lift the deadline. <br /> 12 <br /> 13 Commissioner Tillman asked what the Planning Commission was doing tonight, and how <br /> 14 a conditional use pen-nit could be revoked. Chair Melsha stated that they have to fail to <br /> 15 comply with the conditions. <br /> 16 <br /> 17 Henry stated that there would have to be proof of failure to comply with the conditions, <br /> 18 but that the city could revoke a permit. <br /> 19 <br /> 20 Vice Chair Stille stated that he was having a difficult time with the issue, considering the <br /> 21 light industrial aspect. He stated that he was very intent on listening to anything that <br /> 12 residents would say regarding how the smell affected their lives. <br /> 3 <br /> 24 Vice Chair Stille stated that documentation shows that the odor does get worse in the <br /> 25 summertime. He stated that they have a potential health and welfare problem with <br /> 26 Essenco. He stated that the system needs to be put in, and then a decision made. <br /> 27 <br /> 28 Commissioner Steeves echoed Vice Chair Stille's comments. He stated that he feels that <br /> 29 there has been some testimony to health and real estate issues. He added that the <br /> 30 difficulty was in the quantifying of the odor to a level of satisfaction. <br /> 31 <br /> 32 Commissioner Steeves stated that they needed to draft some language that allowed the <br /> 33 extension, but allows for the city to intervene, if deemed necessary. He stated that he <br /> 34 was uncomfortable with denying the request. <br /> 35 <br /> 36 Chair Melsha asked Commissioner Steeves for some language suggestion. <br /> 37 Commissioner Steeves suggested they recommend an annual dollar amount, requiring a <br /> 38 certain number of replacements per year, and still the ability of the city to add additional <br /> 39 mitigation dollars, as they felt necessary. <br /> 40 <br /> 41 Vice Chair Stille stated that the issues are still subjective. <br /> 42 <br /> • <br /> 8 <br />