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City Council Minutes September 18, 2017 Page 5 under the condition a new 20 -foot easement is recorded and a replacement pipe is constructed prior to vacating the existing easement and removing the existing pipe. Motion carried 5-0. 7.4 Conditional Use Permit: Gas Station/Convenience Store, Casey's Retail Company (Casey's General Store) Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Ed Retel, 17171 Yale Street — President of the Mississippi Ridge Townhome Association stated the traffic and noise from the Casey's station will affect the enjoyment of the property for the neighboring residents. Tom Lucas, 17115 Yale Street — stated drivers do not obey the stop sign at Yale Street and expressed concern with enforcement. He also expressed concern with safety because of the increased traffic Casey's will bring and headlights shining in his house at night. Peter Coyle, Larkin Hoffman representing Casey's - strongly encouraged the Council to support the pending application. He explained the city is entitled to establish reasonable standards for a Conditional Use Permit but the use is permitted as long as the conditions imposed are satisfied. He stated the residents are entitled to their opinions but opinions are not proper evidence for consideration of a Conditional Use Permit. He noted the city must find a justifiable reason, with supporting evidence, if they wish to deny a Conditional Use Permit. Marilyn VanPatten, 10451 175h Avenue — stated she is a real estate agent and was under the impression there were covenants prohibiting a gas station at this location. Bob Rudy, 17187 Yale Street — stated he doesn't believe the Casey's meets the character of the neighborhood and noted concern with the close proximity of the station to the townhomes. Brent Richter, 17107 Yale Street NW — believes the use should fall under the restaurant parking requirements since they sell and potentially deliver pizza. He stated the neighborhood is already inundated with morning and afternoon traffic. He added it appears Yale has become a through street and the compliance with the stop sign isn't good. Jill Larson -Vito, Planning Commissioner — explained the Planning Commission did not take issue with the close proximity of the proposed station to the existing townhomes; however, denial was based on the detrimental effects on the neighboring properties, specifically headlights. 1 1YINATUREIR