Planning Commission - Regular Meeting

So, I'm going to call to order our meeting uh this June 26 planning commission 2025. Welcome everyone. Well, welcome. May I have an approval of this evening's agenda? Any further discussion? Okay, that's Commissioner B. Yes. Commissioner Wade. Yes. Commissioner Ola. Yes. Commissioner Sinclair Commissioner. Yes. Commissioner Matus. Yes. Yes. Our agenda is approved. We'll move to next to the consideration of our minutes from our meeting from May 22nd. Does anyone have any additions, alterations, comments, questions? In regards to item 5 B 45-24 starter looks like not ahead. Okay. Anything else? All right. Um, may I have a motion to approve the next motion to approve? Second. Or is it second? I'll second. Okay. Any further discuss as amended though? Commissioner. Yes. Commissioner.

Commissioner, yes. Commissioner, yes. Commissioner Bates, yes. Commissioner W. Yes. Sharon Williams. Yes. The minutes as amended are approved. We'll next move to our public comment. Uh if you believe you have something that is within the purview of the planning commission and you'd like us to hear it, this is your chance. Uh we ask that you limit that uh comment to three minutes and that again you do keep it to something that is within our 30. Is there anyone who'd like to come forward at this time with public comment? Nobody online. Okay, we'll move on. We'll move to our first action item. uh CU25-05 Malia and Arnold Jacobson for a home occupation conditional use permit for Malia's Grill. The subject property is located at 3672 East Shim Street, tax lot 3101, M5032C in a residential moderate density R1 zone. The application will be reviewed against the criteria of municipal code 17.86 conditional use. Does anyone object to the jurisdiction of the planning commission to hear this matter at this time? Does any commission member believe he or she had a conflict of interest or a personal violence? Has any commission member had any exart contacts or made a site visits? Okay. May we have a staff report, please? Good afternoon. Uh this application is for the approval of a home occupation to support the mobile food service trailer to use prepare and serve food at offsite venues and events. The trailer is supported by an off-site commercial grade commissary kitchen as required by Oregon state health codes and application materials indicate that business related activities of the property will consist storage

preparation and cleaning in support of the commercial operation. Application materials indicate that a second commercial enterprise Koui House Enterprises does have a presence in the subject property. The application states that most of the conci related supplies and equipment are stored in a commercial location on South Enlo Street. However, work vehicle is different for the residents. Moving into the applicable criteria for 1772050 homeations type 2. The staff comment is that application materials indicate that the food service trailer is a failure run operation that does not employ persons who are non residents of the property. No, no new structures or alterations or no no new structures or alterations of existing structures are proposed as the exist as the activity will be within the mobile unit as onsite catering/hosting is not proposed and the operator is required by state health standards to use a commercial period promisary kitchen for food service handling and preparation. Moving into the conditional uses in 178680. The staff comment is that the subject property is zoned residential moderate density R1 and a type two home occupation is a conditional permissible use in that zone. During pre-application interactions with the applicant, the community development department determined that the proposed activity does not meet the criteria for administrative review as a type one occupation due to the trailer's size and visibility. Potential for the admission of odors, waste or noise, and the potential number of vehicle trips need to relocate the trailer and otherwise support the commercial enterprise. The proposed parking location is along the western edge of the property will

allow the trailer to be out on the rightway and its presence should not result in any new traffic impacts. Other vehicles along the applicant are able to make use of a separate driveway and garage along the eastern Broadway line. Uh the neighborhood is entirely residential in nature and commercial activities do not appear uh to be present in the vicinity. Should the planning commission choose to approve the application, the community development department recommends the conditions be placed in order to ensure the residential character neighborhood is maintained. And that concludes report. Okay. Amen. Any additional correspondence? No. So we'll move to public testimony. Um the pertinent criteria should be considered are noted in the staff reports and listed on the criteria sheets on the mark meeting page of the city's website. Testimony arguments and evidence must be directed toward those criteria or other criteria in the comprehensive plan or municipal code which the person testifying believes in the decision. Failure to raise an issue accompanied by statements or other sufficient to afford the decision makers and the parties an opportunity to respond to the issue for quick appeal based on that issue. Prior to the conclusion of the initial evidence, any participant may request an opportunity to present additional testimony, arguments, or evidence regarding that application. The planning commission shall grant such requests by continuing the public hearing or leaving the record for additional written testimony, arguments, or evidence. Participants who testify shall first receive recognition from the chair, state the full name, the mailing address, and appearing representative perhaps identify whom they present. Is there a presentation by I think I heard you. Is that my Okay, I hear the engine.

I don't know if that was just nervous or I just couldn't hear because um yeah, my hearing is going bad, but um thank you for hearing me and um allowing me to speak tonight uh to um allow us to park our food trailer in our RV parking. They specifically say that I believe you guys seen the pictures. It is an RV parking and we did sell our RV um so that we could fit the food train there. My husband would be here but stuck in traffic in seaside um and my daughter. Uh we do have two three other employees. So, it's I don't know if I heard that right as well, but I uh I think I heard him say that we were just the three of us, but we do have three other teenagers that work with us. Um when they do prep, I did read in the rules that you have only one other employee. So, I had limited that to just one other employee to prep on site. Um at the max there was two including, you know, us. But the trailer can't fit more than that anyway. So, um, so that could be limited. But really, um, you know, we've checked with our neighbors and you've seen the emails, um, and their statements. I could have gotten more. Um, but I would maybe I could do that if you guys need more people to um, express their opinions. I did see the one opinion from um a neighbor who does not have a house, does not live here. Um and uh he thinks he hasn't seen the trader and it looks like he thinks that I'm going to go down to the park and sell food to

the tourists. And that's not how we're going to go to events. Um I already have another business. I don't want to park my truck anywhere and sell Lindsy Tuesday. Do you want to go to farmers markets? We want to go to the volleyball. Um maybe even can um the the uh the sand castle. Didn't do that this year, thank God. But um um those are the type of events that we would like to attend u with our trader. Of course, through going through the permitting process. Uh when we did build it, we did go look prior to building it, we did look around to see if there was trucks that we could purchase. Um but very slim to f hard to find one that has the quality that we want. One, we don't want a fryer. I just want to make a point of that. We specifically don't want a fryer. Don't want that temptation. And also the type of food we want to prepare is not fried. um who do have ample refrigeration and we have a state-of-the-art u fire suppression system. We had the fire marshall come and look at it. He was very impressed. It is actually a regulation that has been imposed this year that allow trucks need to have fire suppression. So previous trucks didn't need to have one. They just needed to have a um u call that machine. Yes. Thank you. or fire extinguisher. So, we do have a fire suppression. So, one of the other things he was concerned about is propane, the same type of propane you have in your barbecues and your gas fireplaces that don't have a fire suppression. We have a fire suppression that if anything were to happen, it would um be more protected. There's no guarantees, right? but more protected than a barbecue would

be or a gas fireplace that somebody has out on their patio. Um, valid question though and um, every inspection we've had has been 100% from the Mazania farmers market which is in a different county and also with the class county. We had two instructions there, but they were there with us from the beginning on how how to set it up and what would be the best way to create a healthy environment and a good flow. So, um, our food truck can run off of a 110. Um, it would be nice if it was 3050 amp, which is what is provided to us at the farmers markets, but it can run off of a 110. And um I guess that's it. I could go over more details, but you have read, you know, we wrote um pretty in in detail what we're wanting to um provide to the community um with our truck. Really, it's just to have an um you know, we want to be safe. We want to be healthy. We want to provide great product to our communities. Um, and I think that's it. Any questions? I I have a quick question for you and and forgive me. I was taking notes and I'm not Did you give your mailing address? My email. Your mailing address. And I realize that maybe you're saying Okay. My mailing address is 3672 East Chanel. Can you please say it before? Yes. Malia Jacobson, but a silly question. No, that's great. So, um, any questions? Yeah, actually, when you're preparing on site, that

trailer is parked underneath the deck, is it? The way that the it's portion of it under the deck and portion of it is out. So, the hood is Yes. The hood is not that's my position. Yeah, that's the reason why it's positioned to where it's at. I saw that and follow that. Yeah. And also because of the grease trap. Um so we have that huge grease trap and where it drains it needs to be parked there so that it can um drain easier. Yeah. I see you got approval from the city. I did. I did. So, we had Trevor come over and look at it and and again, um he was more than um impressed of what we created. And we're not again, we don't have to grease and we're having grease trap, but you know, there's the teriyak sauce. There might be some oils. My some of my seasoning sauces have oils in them, but that would all be caught. And then I did bring, thank you for bringing that up, we do have a grease trap routine checklist that we check every week and um we cleaned it for the first time on the 23rd. So, and that's over um a month and a half. Although it was just one, we were just doing the Masanita market since May and now we're having three markets. So, it will probably increase. But, it's a pretty easy clean. You just open it up, take out the grease, and then and you can dispose of it in the trash. So, we have this on a weekly check. Did you have a question? Yeah. Just curious, how much activity is going on throughout the week in terms of is this an everyday activity? Is it only on the days of a farmers market? How frequent is your preparation and cleanout

activity? Well, like today I was prepping today, you know, for tomorrow. Okay. Um, so it's but it's me. Yeah, it's just me in there. I'm not going to have employees every day. If that vehicle trips, the sense of a commercial activity, how frequently you have added people coming, whether it's one employee or two employees. Good question. Um because my daughter and um and my husband we all work. It's we try to bring our employees maybe once a week. Okay. Twice a week maybe. I'm looking at Mondays the day that they can come and help prep. Um and then if if I need a little bit extra help maybe on Friday mornings before going to Manzanita. But that's it. And then when they're prepping it's like 3 hours, four hours. I wonder what do you do when you're praying? What are the activities? So, it's not priv That's good. That's the only event that I can imagine would be noticed by neighbors if there were meant to be some. And you just chopping them or Yeah. How does that um prepping vegetables? Um today I get safas so I'm just mixing sauces. So you're cooking Yeah. Our stove. Yeah. On the stove. We do have one burner stove. Um, again, this, you know, we chose to have a bigger grill than a stove, but we're not using the grill typically to I'll just say typically, but 99% of the time, we're not using the grill cuz we're just making the sauces to then marinate my chicken and then to make my

teriyak sauces. Um, just the sauces. So today I pretty much did the sauces and then um and then we'll cut off AI typically the night before an event. So after this I'm going to go cut some AI. So so the blood can drain. It's better if it doesn't have a lot of water in the AI than night before. So little tip if you ever want to have a poke class but so you want to have that those things prepped the night before. Yeah. And you run your hood always like run the grill for actual you run you run your hood when you run only when run the grill run the stove. Yeah. No, the stove doesn't create much. You know, if I need a little bit of air, I just open the door just a tad. Sometimes I do like opening keeping the door open, the front door, um it's claustrophobic. But like today, because of the rain, I just had it prop open just a little bit so no one could actually see me in there. And then I have two windows. So most of the time people can't see me even in there. They don't even know I wouldn't. Yeah. I didn't see an address on emails. The proponents one of the proponents is he the resident that lives to the west of you right next to the uh he lives uh east. Is that the one that talked about the propane? Is that what you're talking about? No. The other proponent the one for uh all of them. Well, there is. So, everyone physically around me agrees. So, Oh, the one to the west, Higgins. Brian Higgins. Is that what you're talking? Yeah. Yeah. Yeah. He's the closest to me. So, he was the first person we spoke to and, you know, we've been working with each other since we moved there. Um, we help each other. We blew his roof. He, you know, we're just very neighboring. Yeah. So, we communicate a lot. Okay. Uh the second

thing is so just to get an idea of the movement of the trailer and the employee that will come to help with correct where uh you're going to it sounds like three or four different events every week with seaside then can be so that trailer will be moving pretty frequently. Yeah. Um, and then with the employee coming in in the mornings on those same days to help Brett and uh not same days like I guess just Mondays currently um just last week they came Friday morning um to help but typically I don't need that help. It's just on Mondays. How uh prevalent is the uh the odor or smell from uh your preparation when you're using the Yeah, I'm biased. I don't think it's that bad. I mean, it's I'm making sauces. The teriyak sauce is the one that, you know, if there's any type of order that's making, you know, but um my neighbors don't mind it. It's I don't think it's more than barbecuing steak on a barbecue. So, when you're barbecuing outside, it's not even Yeah. And the frequency of grilling again is how many times a week you grill every time you prep every time before. I haven't grilled in my in my kitchen yet and I've had it for a year and a half. I mean a year a month and a half. So I haven't used the grill at our site yet. So that's why I said 99% of the time. I don't want to say ever cuz maybe you know but I've never needed to use the grill on site. So, you're doing it fresh when you get to the Yeah. So, I Yeah, I were at the markets 2 hours before. Most events you want to be there beforehand and um the chicken tastes better and that's what you got the grill for. I mean, once it's marinated, it takes 15,

right? 15 minutes to cook. So, majority 99% of events, we're going to be cooking there at the event. Okay. Thank you very So the hood again is not we don't need to use it. Mhm. While on site. Mhm. Yeah. You mentioned you have a fire suppression. Yeah. Could you be more specific about what it what that fire suppression where that fire suppression system is specifically focused within your trailer? Is it the entire trailer? Just over the cooking. So it's over the cooking. It's on the full back end. So it's um 8 foot long. Actually 8 foot long. Yep. So the whole back end of the trailer um is or the front where the tongue is over where you see the hood on the photos. Right under there is where the hood is. And so we have one stove and then our 36 in grill and then another spot for our 100 cup rice cooker. Okay. System for a commercial kitchen. Yes. Pressurized. Say that pressurized system. Fresh ice. Pressurized. Oh, pressurized system. Yes. Yeah. Yes. Second question I had was around inspections. It sounds like your in your trailer is inspected anytime you go to one of these markets up and down cotoriita. Just the initial one. Just the initial. Yeah. And that's only at that farmers market. They get an inspection. Once you pass that inspection, then you're deemed to for a year or what is the permit? You know, they can come at any time if they need to. Okay. Um, but typically for the season it's done. Yeah, you get one. This next question is it's going to seem kind of odd, but based on the way we structure these meetings, I want it to be asked with uh with you're still able to speak to it because it's somewhat for our staff as well. Okay. The question is it seems like you have two places where

there were possibly two jurisdictions. either one of these farmers markets that's looking over your operation and licensing it based on how they do it could um and you have some operation at your home in my mind I'm spending it going well you know if you weren't at one point to do farmers markets in Canada beach for whatever reason Canada beach might not have jurisdiction over how your car is being run and and inspected So the question is kind of open-ended. What is what is our process for expecting? So So basically what it is is with the um and you can correct me if I'm wrong on this, but food trucks have to go to whichever county that they're operating in and obtain in essence a food or a health license in order to operate. So she has to maintain that license on a yearly basis. Yeah. And so so with that and then there's a business license through the city that she has to get. Um so so really from the and and just so everyone knows and just uh to uh verify your statements, you know, staff did reach out to um fire department and John did indicate that you went out there and did the inspection and that the fire district does not have concern with the operation that supports the issuance of the conditional use permit. So the fire the rural fire inspector rural fire department. Yes. And fire department. Right. So So from that perspective, the only time inspections are really done, our building inspection department wouldn't inspect anything unless they were doing something with plumbing, you know, something to the house itself. So,

so from an inspection standpoint, I'm not sure what takes place at the Marcus themselves, but it's pretty much the county health departments making sure that trailer is licensed and that license issuing which she's provided. I think as I'm thinking about it, it's an interesting spot. It's almost right on the edge of a crossover where you do have a a trailer. But for example, your question Jay is if that trailer goes back under that deck, it now is almost a harder structure. And so then it becomes larger than a county issue in my mind. Just something to think about and I think we'll talk about I'll bring up this idea of how we are um protecting the cities in health and safety. um we can't you know the second it goes into a structure if we deem that as what is happening then it become then we might look at it as something that needs to be um looked after as if it were a say a restaurant. So that's I don't know if you have any thoughts on that but it's something that I'll bring up and something I'm thinking about now. Well it will if it's in use well we got a trailer so that we could leave in the winter. So if we leave in the winter it'll go underneath and it will be inoperable. We won't be using it. Okay. When it's in use, it has to be it where the the current location. It will never go under a deck, right? Yeah. For health and safety. But the restaurants, in my understanding, um, is that restaurants get inspected by the same inspectors I get inspected by. It's not a different inspection. It's the same inspection. So, um, unless there's other things that the city inspects at a restaurant, I think the re the health and safety of a restaurant is held by the the same people that inspect me. Right. Do you have an additional inspection for restaurants? It's that

it's pretty much what a fire department goes through individual businesses and does a typical inspection of the type of business. So um and he mentioned that uh the new truck is compliant with all agree on it. He's list the codes and things like that. So he's been satisfied in terms of any concerns. So the things I guess I would mention to you would be he's gone through it and didn't raise any of the issues that we're speaking of. Not saying that they couldn't be, but I would tend to say an RV with propane or other things would be similar in nature if they were burned. Sure. Yeah. Just if it's just a little non, you know, you mentioned you got 110 power, you go to 220, that's the next level. You mean everything's bigger in there. And I don't know what that does in terms of triggering code, but right, if if they're starting to do additional power, right, that's an electrical permit because that's going to come from the home. Now, that's going to have to get permits. It's going to need to get inspected. So that's when any type of structural changes, plumbing, electrical, any of that that would is going to come from the house and therefore that would require permit an inspection building permit. One of my speech out loud thinking about that. So your alternative to doing the prep in the trailer is or couldn't find it real quick. Oh, here Bob Chisum, they have a certified commercial kitchen that you can use. And so it seems to me like what's happened is the county has certified her trailer for commercial preparation just like Bob Ch just the same as a restaurant. So no matter where it's sitting, it's a certified

facility whether it's at her house or at a farmers market in does that kind of make sense? I don't know that I see it as much of a gray area as long as I'm my thinking is correct that is that the trailer is now certified to be able to commercially provide food. I you know I think common sense does there's just a couple places it could cross over like if we didn't have a right to inspect and that trailer gets back under that wood deck you know now we got a problem and it could have you know might happen if people recruit it and all of a sudden for whatever chain of events happens that these regulations that we're talking about now make all the sense in the world for the people in the room if if we don't have some sort of way to to keep tab on that it could give away that's I guess that's my you have these you recommend having um an inspection, a monthly inspection, so that somebody could come over and take a driveby or it's an idea certainly. I think we could talk a lot. I mean, I don't mind it. I wouldn't want to park it under there anyway if I was cooking, right? So, sure. Yeah. I mean, that's that's great. Do do any of your employees drive the vehicle or would they be backing the trailer in or No. doing any prep work? Would that be their direction? Okay. So, one I don't um Yeah, Arie. Only Arie knows how to back in a trader. If I had to, I think I'm smart enough I could figure it out. Um but he's the only one. Um and then the second question is that if any employees are there without me? Is that the question? Yeah. Would they ever be you? you know, um right now, my daughter is there with can be there without me. Um and and uh

and an employee. I mean, I'm every time they've been over, I've been at the house. I've never not been there. Um but the prepping does not consist of cooking. They don't cook. Um they've just cut vegetables, cabbage, ai, things that um yeah, my sauces will be, you know, free to my discretion for a while. Um so yeah, they won't be doing any cooking. Okay. Just vegetables and ai. And maybe one day they'll move up to salmon. Salmon's a little bit more difficult to cut, but last. Yeah. Are there other questions? Okay. Well, thank you very much. Unless you have something for um and we'll give you another opportunity. Okay. Sounds good. You never know. All right. Is there anyone else here part of your team or part of it? They're stuck in seaside. I did have some neighbors ask if it was if they wanted if I wanted them to come. Um, and I was like, I didn't want to bother them, but you know, if I needed to, they they'd probably be here. I probably would have 20 people here tonight. That was a case. We're very involved with our neighbors. Um, um, we're taking care of each other's homes. We watch after each other. We blow off each other's roofs. We, you know, lock the door if they forget. We we know them very well especially the ones just immediately around us. So yeah. Okay. So we'll move we're going to move to our next section which is are there any are there proponents uh would like to state. Okay. How about anyone opposed to what

we're discussing this is nobody. Okay. You as the applicant have the opportunity to say anything. uh final words, thoughts that come to you before we close the record. At that point, we can take a moment. Absolutely. Well, I guess I just want to end it with I thank you for allowing us to um run our food truck. And if there's any concerns that you would like me to do to make you feel more comfortable, make you feel more safe, then um to keep that our neighborhood safe, I'm happy to um make concessions for that. and work with you on um allowing us to have our future over there. Thank you so much. Thank you. Okay, unless there's any further questions we close record like I guess first impression, right? So we go from land use to regulating restaurants more or less and trying to but here's my paper. So I read through this thing the first time and I have to be honest with you the first time I saw it I thought my god if somebody wanted to do that in my neighborhood I pinch some of right um and then I went down through your presentation which was quite good and saw all the people and including people I know who are in favor of this. Um, my biggest concern is, you know, we never know really how this is going to work out and I like the ability to bring them back in if they have complaints, if we get complaints from neighbors. And I noticed as I was going through the code and it was an unrelated section that was cottage industry, which is the same thing as home occupation for very low density residential properties as home occupation is for medium density. And then the bottom of that

says, "Hey, you know, if we get complaints, we we'll haul you back in and we'll talk about it and if we can't resolve, we'll terminate the permit." And I just like to get that condition added to this in addition to other conditions. Um, one stage I don't know. Yeah. Gota one of the uh there was you know so right now if I don't know if everyone's aware and if you'd like we could go through but staff did uh uh submit a number of different conditions that what we were recommending um and and something that was not added but um could be considered as something um that the planning commission shall re-evaluate the home occupation if the city receives two complaints from two separate households within 250 ft of the boundary of the affected property that the uses violating the standards of the zoning ordinance violates the conditions of this permit or is inconsistent with the residential character of the neighbor neighborhood. Upon hearing the evidence, the planning commission may revise the condition of approval or revoke permit in whole or part. So basically where it was coming from it was a similar uh it's very consistent with the cottage industry language that says hey there's an issue and that's where if anyone's wondering why the two complaints why the two separate why 250 it was because that was the language that was used in the cottage industry. So we thought that would be consistent with those thought industries that are happening at home. So that was just something that after the fact that we had different things that happen and not if you know everything operates it should even come be a concern. However, if something does come in this will give an opportunity to review it.

I I like I like the addition of that. You know that's probably one of the highest opportunities we have here and the show of support and goes a long way with me. I do like that. We'll have to read it off, but we put we put it out there. But that language, I think it's something essentially that we should put here. Uh if we use that to I'm right there with you, Mike. I first looked at the requirements for having home business and I thought it would be very difficult for them to comply with all of those, but uh you know, and maybe I would want this in my neighborhood. Maybe I would. But the support of the neighbors, like with Jay, it goes a long way. Me, too. They They're okay. And I'm sure it smells good. The odors or smells kind of from trailer aren't offensive in any way. So, uh, not using the grill, I think, is a plus also 99.9% of the time. Uh, so I agree. and certainly putting in the provision that we have a chance to review this uh if there are any problems at all. Uh because we want to keep residential neighborhoods residential for the most part. But at least that's my personal opinion. I have a feeling listening to um not Malia, that's your daughter. I'm sorry. Pulani. All right, listen to Pulani. She probably would want to come in here anyway. People just from listening to the testimony. What is the fire marshall's ability to inspect without anything? I'm sorry. What is the fire marshal the fire department's ability to inspect without any kind of direction from us? Well, one thing that is in the home

occupation regulations which would be condition number one of the ones being suggested under J does state um and I would say this is for staff as well as the fire department indicates that any home occupied any home occupation authorized under the provisions of the section shall be open to inspection and review at reasonable times by code enforcement personnel for the purpose of verifying compliance with provisions. So I would say you know there is an ability for us to uh work with the applicant to set up times to expend should we need to. So then we just need to make sure the provisions were clear enough that there's teeth in anything. I think it's very crystal clear from the standpoint the section says exactly what it is and that's why it's condition number one and it refers to meeting all those conditions and those conditions are and if you want I can go through a number of them they talk about how much of the home can be utilized for you know talks about uh inspections um you know it shall not create nuisances there's other conditions that we also kind of pick up on some of these things But I you know and if you want I can I can speak to some of those or else you guys aren't going to just see them. I was thinking about the one Jay brought up because I saw that and was saying just that that that trailer just can never be operated under that day and that would be a specific condition I guess. Yeah, I guessed I I wouldn't expect the fire department or someone to say something. Maybe they weren't looking at that from that perspective. But um you know I would imagine that the tradeable beech part yes but not name I can't speak to that and that's why

that's why I suggest that we have it in there is that you just that to have that I'm no fire marshall but I know wood and I know wheat and that is not a good combination of that triangle. So just so basically condition you say during operational uses that is not partially yeah simple that would accomplish a lot. So we're just I just want to make sure you capture I mean it was what exactly the transmotion got a big risk factor when the vent hood is running. Yeah. there is an incident where there's a fire, the vent hood, you know, she does have a extinguisher there. So, she has got a second line, but say that fails. Um, then the hood go straight up here onto a combustible surface and it'll be great. Yeah, it'll be in train. But the fact that she has a basically a commercial cancel fire extinguisher unit installed in say a pelican is no different than what's installed in again has a lot for she's gone for sure take care of that that does someone want to write down in terms on top of what what else is there language let's just work it out for me to be feel good would be something like the the trailer shall not during hours of operation the trailer

shall not be under the wood or any structure yeah I like it and combustible structure say under any structure Sure. Anything else? No. Feel like we're close to a motion. Anyone want to approve it? I'll do it. All right. So, I uh move that we uh uh approve the conditional the application for conditional um use permit C25 under the um the criteria set the conditions set forth and the staff report with two additional uh conditions. one that the the uh unit shall not be parked under any structure operational and Steve had yeah please uh planning commission so number nine was that the structure would not operate under any structures similar something to that and then number 10 would be Uh, planning commission shall re-evaluate the home occupation if the city receives two complaints from two separate households within 250 ft of boundary of the affected property that the uses violating the standards of the zoning ordinance violates the conditions of this permit or is inconsistent with the residential character of the neighborhood. Upon hearing the evidence, the plan commission may revise the conditions of approval or revoke the permit in whole or in part. Yes.

Okay. Is there a second? I'll second discussion. That's what we call. Yes, if that was me. I'm sorry I'm heart I didn't hear that. We got Commissioner. Yes. Commissioner Sinclair. Yes. Commissioner, yes. Commissioner Wade, yes. Commissioner B. Yes. Yes. 255 is approved with stated condition. report. I know we're pretty quick. Thank you. So for tree report for the month of May in 2025 a total of 13 trees were removed 10 of which were one of which was dead under construction. There was a replanting requirement for five. The reason we have the difference is number of these properties were large and had multiple trees all of them already. So um I'm presenting at least four trees on my left. Um I'm just wondering um are

those are the respect houses who you are? Uh the 1659 course lawn that was the one that is being built kind of the middle of horse road. Yeah. Um and then the 1758 that is a dead tree that's a sales basically. Yeah. But but the the ones that are going on block I think are are again and I just want clarification. They're they're stack homes. Correct. their construction companies listed as I would anticipate that to be the case. I don't think those that does have that property does have the tree out in front of the bank in the public right away. What was the reason for that? What's that? In front of US Bank there tree between the bank and the library. Oh, just the other day. Yeah, that tree is falling over. Okay. So, it was removed prior to collapsing for safety. Yeah. Yeah. So, I'm curious when it when you give a permit for a hazard tree, what what is shown has to be shown to constitute a hazard. So, there has to be a hazard to land safety and that hazard is typically confirmed by the city. The only time that we make a decision to not necessarily involve is if we go out on the property, there's an immediate threat as in there's an obvious significant clean, you see soil heaving, things like that where it needs to be addressed more quickly than the typology process because something I started a question after one of the applications we had recently is that it sounds like any large tree can be called a hazard tree.

So I just wanted to make sure that there was more to being called a hazard than just being rated highly on the hazard rating which it sounds like any large tree can things that are going to get rated as a hazard. This is where you're getting into more of the professional skilled arborist is going to be things such as leaning disease risk of collapse things like that. And you know many of those issues such as disease um collapse factors those are things that I'm not qualified to as one use. I'm glad glad you hear that. Yes. So Jeff Dehart uh was involved in that and also indicated to us that yes that should be removed. So unless there's an immediate danger. Yeah. Yeah. If it's a hazard like Robert was saying you go out. Yeah. There's time. If it's an immediate like something's going on then they can remove it. We still talk about the patient. Yeah. Sorry. If it's an immediate risk if it's going into paral it's obviously coming down. It's all structural. We don't necessarily need to call it. We can make that determination. Yeah. Under the current code, the the property owner has the right to take down a hazardous tree, but then does that does Rick has to come in after the fact that I suppose confirmation was? Yeah, that's the question. Yeah, if it's a disagreement, then they're for Yeah. Anything else? All right, move to the good of the order. Anyone have anything they'd like to bring forward for the good of the order? You just hanging out here? I thought for sure we had something coming. Oh, we

love you, too. Thanks for being This is kind of a cool club. [Music] was not the issue. Well, I just want to apologize to the group for being late and I'm just glad I hadn't coming in from traffic was much better. Sorry. Anything else? No. Okay, we'll adjourn. All right. that he's