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Planning Commission Minutes May 23, 2023 Page 2 Chair Larson -Vito opened the public hearing. There being no one to speak to this issue, Chair Larson -Vito closed the public hearing. Moved by Commissioner Keisling and seconded by Commissioner Beise to recommend approval of the ordinance amendment to City Code Section 30-1834. Motion .carried 7-0. 4.2b Waste Management — Elk River Landfill, 1 171 1 221" Ave. NW 122460 US Hwy. 169 Conditional Use Permit Amendment to Include Additional Property to Improve Stormwater Management, Case No. CU 23-09 Moved by Commissioner Johnson and seconded by Commissioner Keisling to recommend approval of the Conditional Use Permit with the following conditions: 1. The 2011 Agreement for Issuance of Amended Conditional Use Permit shall be amended to allow the construction and use of a stormwater pond on a parcel (75-104-1101) outside of the Solid Waste Facility (SWF) overlay district. 2. There shall be no additional Municipal Solid Waste capacity beyond what was approved in 2011. Motion carried 7-0. 4.3 Jason Bye — 10208 209' Ave. NW ■ Conditional Use Permit to Establish a Home -Based Business, Construction, Case No. CU 23-1 1 Mr. Leeseberg presented the staff report. Chair Larson -Vito opened the public hearing. Bryan Rucks,10296 209`' Ave NW, was concerned about safety. Was there a Stormwater Pollution Prevention Plan (SWPPP) conducted for this property? He was concerned that there is noise and light pollution from the site and feels it should be moved to an industrial area. Mary Flynn, 10189 208`' Ave NW, stated she has observed large equipment on the site. She was concerned about the value of her property should she wish to sell in the future. Steve Flynn,10189 208`' Ave NW, questions the location of the accessory structure on the property and has concerns about vehicle noise. He was concerned about the location of his well in proximity to their diesel equipment storage. Katie Lehmann, 10170 208`' Ave NW, stated she also has noise and light pollution at her property. She was concerned about the watershed, particularly since runoff drains onto her property. She expressed concern about the safety of children in the neighborhood with large equipment if the applicant uses the cul- de-sac. Mr. Leeseberg stated that access to 20575 Quincy St NW, owned by Curt Werner, runs along the applicant's property. Mr. Werner would have to give permission for Mr. Bye to cross this cartway to access the cul-de- sac. He clarified that accessory structures need to be 20 feet from the property line and the current accessory structure meets setback requirements. Ms. Flynn commented that Mr. Bye stated he was given permission to use the easement any way he wants. p 0 1 E a E I 11 NATURE] URE