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Planning Commission Nfinutes July 25, 2023 Page 3 Commissioner Booth asked about the request following the Comprehensive Plan. He felt this request is more industrial and the Comprehensive Plan outlined the importance of keeping these uses separate. Mr. Leeseberg stated the Comprehensive Plan states it does guide this for residential use but while the Home Occupation city code doesn't permit this type of use, it does require the city to review this through the Conditional Use Permit process. Chair Larson -Vito noted the public hearing was still open. Ashley McKusky — the attorney representing the applicant, Mr. Bye. She stated Mr. Bye wished to thank the commission for the time put into this permit request. She stated Mr. Bye agreed with all the proposed conditions and would like the commission to consider modifying Condition #7 — the unloading and loading of vehicles shall occur only in the accessory structure. She indicated this is not always possible due to the layout of the property given the dimensions of the vehicles. To minimize noise Mr. Bye would consider limiting the loading and unloading to the north side of the building, the furthest away from the neighbors to the east. It would also cover condition #5. Chair Larson -Vito stated as the commission considers these types of requests, there is the assumption that the conditions will be followed. She stated however the history was that there were plans stamped that it was not to be used as a home occupation, code enforcement inquires went unanswered, and as a commission, why should they believe that the conditions won't be violated in the future. Ms. McKusky felt Mr. Bye's actions leading up to this have shown him to take these things seriously and has tried to be as responsive and considerate by meeting with city staff and being proactive of putting up screening requirements and minimizing noise. She indicated there was confusion about when a CUP was required, and Mr. Bye does know these conditions are to be taken seriously and followed. Brian Rucks, 10296 209`h Ave. NW — commented he felt Mr. Bye was being reactive than proactive. He commented a lot of time has been spent discussing this request and the Planning Commission was ready to recommend denial of the request at the last meeting. He noticed garbage still blowing into his property and he put a drone over Mr. Bye's property and his garbage bins were not covered with screens. He noted the business activity has come to a "pretty good crawl" and stated the property in Nowthen has increased. He expressed concerns with the Stormwater Pollution Prevention Plan (SWPPP) plan and felt this was also being used as a distribution center for wireless services. He didn't want commercial property here and would prefer trees instead of fences. Mr. Leeseberg indicated a SWPPP plan would be reviewed during the review of the commercial building code process, and indicated any disturbed area counting less than an acre would not require a SWPPP plan. Steve and Mary Kay Flynn — 10189 208`' Avenue — opposed approving the CUP request. There being no one else to speak, Chair Larson -Vito closed the public hearing. Chair Larson -Vito noted the CUP follows the property, not the owner, and if this was approved, they would approve the use into perpetuity as along as the use continues. She felt even though Mr. Bye would comply with these conditions, there is no guarantee the next property would. She felt they would create a situation to spot zone a commercial property in a residential neighborhood. She was not interested in considering an Interim Use Permit. rINATUPE A,EAEA AI