Okay, we're going to call the meeting to order. And do I have a motion to adopt the agenda? >> I'll make a motion to adopt the agenda with the addition of acceptance of Tanner Belfin's resignation from planning and zoning. >> Okay. Is there a second? >> I'll second the motion. >> Any discussion? If not, all in favor say I. >> I. And opposed. >> That motion passes. And the next thing on our agenda is the council liazison update please. Good evening members of the planning commission and thank you for making it out on this uh weather advisory evening. Hopefully me doesn't get uh go too long we don't get snowed in. Um I'm Brian Mundle your city council leaison. Uh kind of a short update this time. Uh council authorized advertising for a senior planner position. Uh la last night's work meeting, council recommended raising park fees from 2,000 to 3500 and trail fees to 1,500. That will come back in front of council for approval. On Friday, December 5th, the second annual Christmas tree lighting will take place at the senior center. It's going to start at 6:00 and go to 8:30. This is a very familyfriendly event with activities for kids, treats to eat, and if we're on the nice list, a visit from Santa. So again, that's Friday, December 5th at the senior center right next door. That'll start at 6 o'clock. Uh that's all I have. Do you have any questions or comments from anybody? >> All right. Well, and as always, thank you for your service to the city and I hope every everybody uh happy Thanksgiving. Hopefully, you get to spend it with family or friends. >> Thanks. >> Thank you, Brian. You too. >> And happy Thanksgiving to you. >> Yes. >> Okay. Next item is the approval of minutes from the October 28th, 2025 meeting. Uh does anybody have any corrections? I just seen on [clears throat] line 27 it says our next meeting is November 20th. >> I noticed that too. Yeah. I don't know if >> that really matters. I didn't see anything else. >> I didn't see anything else either. >> Okay. And uh Glenn Terry did have one correction. He said on line 117 the pron pronoun they should be changed to the Met Council. >> So Grace, you've got those two corrections. Yes, I've got those noted. >> Is there a motion to approve the minutes as corrected? >> I make a motion to approve the minutes as corrected. >> I'll second the motion. >> Okay. Any [clears throat] discussion? All in favor say I. I. >> I. >> And opposed? None. That motion passes. All righty. The next thing is the election of the vice chair of the planning commission. And I am going to nominate Corey Jorgensson for the position of vice chairperson for the planning commission. Is there a second? >> I'll second the motion. >> Fabulous. Any discussion? Are you um okay with this? Okay, good. I appreciate it. And >> you're welcome. >> Yeah. Love to have you. >> Okay. Any other discussion? If not, let's um do we have to do a written >> Let's do that just so we have it. Um if you want to write down your vote for that, I will take those. >> Okay. So, we can just write yes or no. >> Yes. Yep. >> Okay. So, write yes or no. Yes, you like Corey. No being you don't like Corey. >> This is a secret ballot. There you go. And Grace will tabulate the results. >> All right. No surprises there. Congratulations, Commissioner Jorgensson. >> Thank you. >> Okay. Thank you very much. >> And [clears throat] the next thing we're going to do is an interview of the planning commission applicant, Gerald Tia. I'm not sure the pronunciation of the name and that's >> okay perfect okay and go ahead Grace >> yeah so the planning commission received an application from Gerald Tia at the end of October for the vacant planning commission seat the term for this seat ends on January 31st of 2026 per city code appointment can only be made for the current term of the unoccupied seat at the at that time so in January if Mr. Tia is appointed, he would be eligible for reappoint. Commissioners, I provided you with the city's standard interview questions to use tonight. You're welcome to change or expand on those questions as you see fit. At the end of the interview, the commissioners will vote on whether to recommend appointment of Mr. Tia. If recommended, appointment at uh he will be appointed at the December 8th city council meeting and can assume his seat at the next planning commission meeting, which is scheduled for December 23rd. >> December 23rd. All right. Okay. Well, Gerald, thank you so much for coming forward to apply for this >> and um we're going to be asking you some questions >> and then you can kind of wrap up with some comments if you'd like to. But again, thank you. And Brian's going to start. >> Good evening, Mr. Tio. >> Yeah, thank you. >> So, why are you interested in becoming a commission member for East Bethl? >> Yeah, there's several things really. Uh my my kids grew up here. Uh I've been living uh in this area for close to probably 19 years now. I built my house here. Uh and I love the the the uh people. Um that is one thing everybody kind of got on me to apply. So >> thank you. >> I got the next one. >> Yes. >> Uh what strengths and abilities would you bring to the planning commission? >> Uh yeah for me I'm well well educated. And that's something I kind of rely on. I have a lot of experience uh in the corporate world uh both with planning of making u big decisions and stuff like that uh whether for for building a smart data center to to building a cloud environment. So that's something I can bring to the table as well. >> Okay. Okay. Thank you. As a planning commission member, what do you believe is your role as representative of the city? >> Well, for for me, I take take it as a be example of the city. Um, so basically I have to kind of set example. Um, so somebody sees me, they see the city. Um, and that's what I kind of hope for. >> Okay. Thanks. >> Good evening. How are you? Good. Um, so what is your vision for the highway 65 corridor? >> Uh, yes. That that's something that I drive on like every day. Um, and I really want to see it going to improve. Uh, not just improve but more safety uh there. Uh and my my vision is uh either uh we have uh something like a over pass or that people can go over the u the highway versus people kind of crossing um the the highway. Uh and that's something that uh by my house I pretty much crunch every time I see people just just moving u across the highway. So something of overpass maybe. Uh but yeah, that's something I'm hoping that we can kind of fix. Uh because um it seemed like something might happen and that's kind of scary. >> Thank you. >> Um do you hold any roles that uh might put you in uh conflict of interest uh as a planning commission member? Any financial, familial, or um community roles that you're currently engaged in? >> No. Uh I'm a lead for uh city of St. right now. But no, I don't see anything. >> Cool. Thank you. Okay. Uh before we end the interview, do you have any questions for us or is there anything else you'd like to add? >> Yeah. Uh yeah, you did mention about the the the highway and that's something that I had u this year but uh the last few years I've been kind of looking at u doing some planting as far as more more for the community and that's something that I'm not seeing that we really putting time into I know like growing showing the kids how to grow and things like that and that's something that very dear to my heart. uh is that something that has been planned to to to tend to look at having like a big committed garden or that at least we have somebody who actually at least oversees it? >> Yeah, I I don't think as a city um there really is anything like that. Uh we have a farm on Highway 65 where Minnesota Fresh Farm >> right north of Viking and and people come by all the time and kind of do that type of thing there. >> Okay. So basically they say I teleport to to the entire um city like you can just go >> well so yeah um I mean people that's we grow food there if people want to learn how to grow food we'll tell them and sell them plants too but um as for a city thing we really don't have any city gardens or anything like that as far as I know. >> Okay. Yeah. And just the uh last question of uh I saw like a like a the huge renovation right off 65. Is that more of a residential area on going there or we looking at having um like like some businesses um I guess probably by Vikings and 65 I think. >> Yeah. And that's really the corridor that we're talking about. I mean the question from Christina is kind of like you know what is the the vision for that and we'll be actually working on that in the next few years as we have to start working on our plans for 2050 already about what are we going to do with that corridor um businesses and residences and apartment buildings and things like that. >> So does that answer the question or >> yeah is it more detailed? Yes, there's a little bit more what you do. Is that something that well only the team have a whole discussion on it? But yeah. >> Yeah, it's actually um if you are appointed on the commission, it's it's a really exciting time to be doing this to be going through the the city planning for uh 25 years down the road. We'll have um meetings with the public and kind of get their ideas and then shape them into a plan which is really fun to do. >> Okay. Yeah, that's what I have. >> Okay. We thank you very very much. And gentlemen and lady, do you have anything else to say? >> Good. Thank you. >> Okay. Thank you, Gerald. Very very much. And um now I think what we'll do is to just on your sheets of paper again we could just write yes or no as a recommendation and then this will be going on to the city council meeting which is December 18th you said? >> Yes. If you recommend the appointment this will be on the December 8th city council meeting. >> December 8th. >> December 8th. Yes. >> Okay. So then it would be possible to if we do have a December planning commission meeting. >> Yes. you will likely have a December planning commission meeting and if he is appointed uh we'll do the oath of office at the beginning or the oath at the beginning of the meeting and then he'll assume his seat on the planning commission after that if appointed. >> Okay. And then Gerald also um if you are um accepted with the city council and come to the December meeting then we would ask if you want to be reappointed for the whole term going on because your position would be expiring in January actually. >> So Congratulations, Mr. Tia. Uh, you have been recommended for appointment to the East Bethl Planning Commission. >> Okay. Congratulations. >> Welcome. [applause] >> Okay. The next item is a public hearing. This is a public hearing for front and sideyard setback variances at 19511 East Front Boulevard. Joseph and Sherry Belch have applied for two variances to allow the construction of a 1,250 ft attached garage on their property at 19511 East Front Boulevard. This property is 0.32 acres. It is approximately 74 feet in width and 176 feet in length. It is guided and zoned Lake residential and is within the shoreland overlay district. The surrounding properties are guided and zoned the same and this property borders Lake on its eastern edge. The requests are first for a variance from section 51 subdivision 7B of the zoning ordinance to allow a front yard setback of 19 ft 8.4 in where a setback of 25 ft is required within the Shorland Overlay district. The second variance is from that same subdivision of the zoning ordinance to allow a sideyard setback of 5' 8.4 in where a set sideyard setback of 7 ft is required. This sideyard variance is being sought because the current structure does have the same setback but the new structure would be expanding the area that is non-compliant with the code. So the current portion or the current garage is angled. So a small portion of the wall is that five um 5t 8.4 in from the property line. Uh but the new garage as proposed would have a straight wall on that southern side and that entire wall would be that 5 pointt 5 point 5 feet 8.4 inches from the property line setback. So um this would be expanding that non-conformity. That's why the sideyard variance is being sought. Each variance should be considered separately. The planning commission may recommend approval of one both or neither of the variances. If the only the front yard setback variance is approved, the applicant would be required to reduce the width or relocate the garage or maintain the original angle of the garage to bring it into compliance with the existing setback. If only the sideyard setback is approved, the applicant would be required to reduce the depth of the garage by at least 5' 3.4 in to bring it into conformity with the required 25 ft front yard setback. When evaluating a variance, the burden of proof is on the applicant to show that they have a practical difficulty that can only be remedied by the granting of a variance. We use a test called the practical difficulties test to evaluate this. There are three standards. The first is that this request is reasonable. This evaluates whether the applicant is proposing to use the property in a way that is sensible but not explicitly authorized by the code. The second standard is that this request is due to unique circumstances on the property that are not caused by the land owner and not solely for financial reasons. So this is often something like sloping topography or proximity to a wetland or body of water. Um that means that the applicant cannot meet the standards established with in the code due to a difficulty that they did not create but is something inherent to their land. The third standard is that the variance if granted will not have a negative impact on neighborhood character. list looks at whether the proposed action would look out of place or out of scale in the neighborhood. Findings of fact have been provided within your packet for each of the standards for each variance. These do need to be modified as staff could not determine findings in support or denial of some of these standards. You will notice that your packet has um some red highlighting over the things that will need to be determined by the planning commission tonight if you choose to find facts for those those uh findings. This is a quick look at the elevations of the building itself. It meets the architecture and square footage standards for a property of the size uh for this type of construction. The garage is 50 feet in depth and proposed to be 25 ft in length. As a reminder, our minimum garage size in East Bethl is 24 feet in length or 24 feet in length and 24 feet in width. Um the garage is on the left side of your screen towards the street and then the house is extending off of that towards the right side of your screen. This is a look at the site plan for this property, the survey. You can see the existing home, the proposed attached garage, and the location of the septic area. It's approximately 13 ft north of the proposed garage. It's maintaining this current setback of from the current garage that's there to the septic area that 13 ft. Um, and this also marks the distances from the property lines and site features of the of the garage. Uh, no variance for imperous surface is required due to the fact that this is overall reducing the amount of impervious surface on the property. Staff directs the planning commission to open the public hearing and make a recommendation to the city council. Based on the applicant's mission and the avail information available to you tonight, you may recommend approval or denial of the variances. Uh, there are draft resolutions of approval and denial within your packet. These resolutions u require modification by the planning commission for findings of fact which could not be established by city staff. Resolutions may also be modified for approval of one variance or denial of another. You're also welcome to add conditions to an approval resolution. Um before we open the public hearing, I would like to note that I received a letter from a neighboring property owner shortly before this meeting in support of both variance requests today. Um that will be entered into the record. Happy to answer any questions. [clears throat] >> Okay. And I didn't quite catch it. So was was the neighbor okay with it or >> Yes, the neighbor wrote a letter in support of the request. >> Okay. I'm opening the public hearing on this matter and what I'd ask if there's anybody who's not the property owner come up first and um state your opinion um ask some questions and then we will take those down. Thank you so much Brian. Okay. Um, so if anybody who's not the owner, please come up to the the podium here and just say your name and speak into the microphone, please, and then just let us know if you have any questions or what your opinion is. >> Uh, I'm David Sakowski. I live next door to Joe and Sherry and uh I live to the north and uh I would recommend bigger garage if people could do it because I think the East Bethl is starting to look a little bit uh junky from neighbors that have their stuff all outside. And I think if you drive up on Viking Boulevard and just look at the neighborhoods there that they're not doing so good. I think we need more garages to put their junk away. >> Okay. Well, thank you. >> That's all I have. >> Thank you. >> Thank you very much. >> Thank you. >> Okay. Is there anyone else who wants to speak on this matter who is not the homeowner? And if not, is is the homeowner here? >> I am. >> Okay. Would you mind coming up in case we have any questions or and if you would like to just kind of say a few words too, please? you want first? >> Yep. >> Yeah. And uh if you could just state your name again for the record. >> Hi, I'm Joe Belch and I live just south of Dave there. And he's not talking about my junk. I hope I do have a trailer in my trying to get my garage ready. But um I'm just very hopeful that you can grant my variance request so I'll be able to put my stuff in the garage and have room to do that. Have you looked at um shortening and shortening the length and and putting the the width a little bit shorter so that it could come closer to the variance? Cuz I think even if you were to do the 24 x 24, you wouldn't even still be in compliance, would you with setbacks? >> Well, I already have a 24x 24 garage and it's not big enough to put what I have in there. So, that's why I'm asking for a big garage. >> Mhm. >> Yeah. But I want to make it so that >> to make Dave happy. Well, not myself, too. It's for me mostly. Um, but because I I don't store the trailer at the house. It's just I'm I'm trying to pack stuff up and organize hopefully and um hope hoping that you guys will approve the variance. Um, so it's because the septic is where it is, I can't do a threecar garage there. It just doesn't have the width. So my my request to make the garage longer so that I could park a car in front or my boat in front of the two cars, you know, my wife's and my truck. So it'd be really nice to have the room to put my stuff inside for the winter. >> Yeah. When you did the application, did was it discussed with you either on the paper or with Grace about the the three different tests? >> Yes. Yep. >> And so like what what made it what in your mind what makes your property unique that you should get the various >> it's not any different than a lot of the lake lots there they're lake lots they're skinny they all have septic and um because of the distance from the the lake you know you've got that much land you can't build on then you've got the septic so anything that goes in front and um it's already you know I don't know when they changed the laws to have the garage because it's a non-conforming structure is what I was told. The the garage in front of the house detached, >> so it's already non-conforming. And um uh did did you get a new survey that says my garage is 5' 8.4 in from the the side because I I was told it was 5.7 and that was the original survey, but I think you asked for another survey. Yeah. The most recent copy of the survey I have says it's it's 5.7 feet but converted to that's 5 feet 8.4 in. >> Oh, that's the same thing. >> Yeah. >> Oh, he Oh, so he did 5.7 feet, not 5'7 in. Okay. I was under the impression that it was different. So that's that's what is in feet in. Um and then we're I'm turning the garage so it's parallel with the property line to keep it away from the septic. And I I really need the extra room and and there's going to be a storage room above it and inside the garage there has to be a stairway to get to it. So that takes up some room inside as well. >> That was one thing I was going to ask too is if you could go up a little bit too and you are already doing that. >> Yeah, it's it's it's a nicest and in the variance letter um the the application of our um practical difficulties it really explains that if you read through that it it goes into the the septic being where it is and you know, trying to keep back from there. And if you look at, you know, other properties right down the street, there's many that are much closer to the property line than than than mine. Even on the property line, there's several houses that are 20 um have structures 20 feet from the side of the street, actually. So being that there's about 17 feet from the curb to my property line and then another 25 ft from the property line to where I would have to put the garage if I shorten it. That's why I'm asking to come just another four feet so I get enough room to put two cars in, you know, like this. It'll be like a fourc car garage, but two of them will be like the summer stuff or or a boat. There'll be room to put some put that in there. >> Okay. Gentlemen, lady, do you have anything that you like to ask >> of Joel? >> I'm assuming it's all attached and same siding, same shingles. >> Yeah, we're going to match >> match the house. >> And it's going to I want it to look really nice. >> Yeah, you know, we're going to do a shake on the front. It's going to be gable and the existing garage has the roof going this way. We're going to the gables. We got a picture gable facing the street. >> I can stay on uh and again I know one of your neighbors is here. Anyone else? I know letters go out and such like that. Anyone else has they made any comments or >> everybody that I've talked to because I people several people came by >> and um and they said that they're all I haven't heard anybody disagree with that. So I'm happy to see nobody came to disagree. It's all the lots are different there. So, >> yeah, I'm really nervous because I really really would like to be able to do with that with my property and it's it's not going to change. It's not going to be any closer to the street than my neighbor Dave's garage. If you look at his property, his garage comes about the same as I'm requesting. And then like I said, I could I got some more pictures of other other houses that are close, but I spoke with Tanner because Tanner's my neighbor actually. And um he said, "Well, you don't have to go into all that." And and he said, "Don't make a big speech or anything." So, I'm trying to I usually don't do much. I'm really nervous, so I just kind of want to shut up, [laughter] >> but I will answer. It's your chance. >> I will answer any questions that you'd like, but I haven't heard anybody complain. >> Okay. Okay. Well, Joe, thank you very much. >> Well, thank you very much for your consideration. >> Okay. Thank you so much. >> I'm closing the public hearing and so now we'll have our discussion among ourselves and in Glen [clears throat] Terry's absence, he did want to say one thing here. It's a couple sentences. So, this is from Glenn. says, "My opinion is that the front yard setback does not meet the variance standards as the garage could have its length reduced to fulfill the setback requirements. That particular dimension is by preference of the owner, not due to conditions or hardship." And he said the sideyard setback variance is fine in order to comply with the required 20 foot um wide garage standard. Okay. And what do you um folks have to say? >> Well, I agreed with uh pretty much what Glenn had said. Um the the front yard setback uh 5T doesn't seem like a lot, but um then again, I filled garages. I know that the space fills up real quick and 5T could mean the difference. It sounds like he's the homeowner's really considered this and is aware of that setback, but is nonetheless asking and um I think I would I would want to go ahead and move forward with it. Go ahead and approve it. It just >> you you're thinking you would? >> Yeah. And then as as far as the uh the sideyard setback, uh yeah, I think that's that's fine how it is. So, um, like I said, uh, Glenn, um, took the words out of my mouth. So, >> okay, >> Cory, >> I think everybody knows I'm all for a big garage like this. >> I just really appreciate the fact that he is going to construct it like the house, and that's my big thing. I don't want to see just a tin shed, you know, then I'd be like, "No." But when the homeowners are making an effort to fit the neighborhood, I I unless it really impedes things like snowplow or something, but it's not going to. And uh so I'm for it. >> Okay. Yeah. I would say that it certainly isn't going to change the character of the neighborhood, >> is it? Because as I like that because of the septic >> and whatever. Um, I agree with Brian what you said and and Glenn also, you know, I was kind of trying to dig to see if it's possible to shorten a little bit to give a bit more, but um, we do have some discretion on this. Correct, Grace? >> Uh, what do you mean with discretion? Well, I mean, so I would say that the the the hardest one to to overcome is the uniqueness of the the property because you could you could build a and you have built a or somebody has built a garage that did fit kind of. >> Yeah, several. So, yeah, this is a a complicated request in the sense that several of the surrounding properties do have garages that encroach on setbacks. Um, what's perhaps what I would like to point out about this and what's pointed out in your packet is that this proposed garage is significantly larger than many of those garages that encroach on the setback. So, that's something I would implore you to consider. >> Um, and then if you do um recommend approval of the front yard setback variance tonight, uh, we just ask that you provide findings of fact that it's a reasonable request and that it's due to those unique circumstances. So, I'd want you guys to identify why the reasoning for why it's reasonable and why there's a unique circumstance on the property. Um, but if you can satisfy those those uh standards, then yes, you are able to recommend approval. >> Okay. You're also welcome to reduce or you can say it's not reasonable for a garage of this size, but we could allow a setback encroachment of this many feet as opposed to what's being proposed tonight. you have some ability to um amend the draft resolution in that way too. >> I think the uniqueness is there because of the lot. >> I agree that these >> and obviously septic system and setbacks and well setbacks and >> you know I mean that's where the uniqueness comes in in this place. And you're saying that's for the length of the lot, not just the width of the lot. Correct. And the limitations of uh, you know, where the septic is. And there's just no other >> there's no other direction to go. >> Right. >> Right. I mean, I really do think that that's the only one we really have to to justify. The other ones character of the >> the neighborhood is is nothing at And then the reasoning for the reasonable request would be um >> it's it's a reasonable good use of the >> good use of the property. Okay. >> How many feet was it from the edge of the road then when it was >> like 37t 36 feet from the edge of the road but again only um about 19 ft from or 18 19 >> 1920 ft from the propert. I mean, there's a huge boulevard, like I say, for snowplow. >> If we required people to plant a tree, he's got room for that. Someday they're going to run sewer and water through there and things would be different, but that's way down the road. And so, he's limited because of what his well and septic. >> Any more discussion? Is there a motion? And did you anybody need a kind of a cheat sheet on the motion? >> Oh, shoot. >> What page number is that? We're just trying to find the resolution. >> Page number 12 in your packet. >> So, if somebody wants to just kind of read the first part of page 12. Do the variances have to be done separately? Um, you can make a motion to approve >> both variances. So, approve a variance for front yard setback and sideyard back setback. Yes. >> Okay. >> I'll make a motion to approve both setbacks at 19511 East Front Boulevard for the garage edition. >> Is there a second? >> I second. >> Any more discussion? If not, all in favor say I. I >> and opposed. >> So that motion passes. >> So um there you are. Okay. So this is going in front of the city council December 8th. And um remember that this is just a recommendation to them and they get to make the decisions. >> Okay. And thanks for standing up there and talking >> despite what Tanner said. >> I really appreciate. >> Okay. Okay. All right. So, um, item number eight is another public hearing. And Grace, >> yes, this is a public hearing for a conditional use permit for a lower potency hemp edible retailer at 18429 Highway 65 Northeast. Rabidan Hussein, who is the applicant and owner of the smoke saloon, has applied for a cup to allow the operation of a lower potency hemp edible retailer at 18429 Highway 65 Northeast, also known as the smoke saloon. This property is guided and zoned commercial. Uh the properties to the south and north are guided and zoned the same. Property to the east is guided and zoned mixed use, and the property to the west is highway 65. Uh this business currently holds a cannabonoid license from the city and operates as a lower potency hemp edible retailer. Um due to a uh statute that was adopted during the 2025 legislative session, uh hemp edibles businesses are required or all all cannabis and hemp edibles businesses are required to be licensed by the office of cannabis management instead of the local government unit who has previously been licensing uh hemp businesses. To obtain a license from the OCM, the local government unit must verify that the business complies with the local zoning ordinance. City ordinance 2024-05 established lower potency hemp edible retailer as a conditional use within the B3 zoning district. So to obtain a lower potency hemp edibles license from the office of cannabis management, the state, the business must first receive a CUP to allow the proposed use on the property so that the city can verify the zoning. The request is for a CUP to allow the operation of this type of business located at the smoke saloon. A lower potency hemp edibles retailer is a conditional use within the B3 zoning district. On the screen, you'll find the definition for a lower potency hemp edibles retailer and a description of the business um the types of business business that can be conducted there. Um a hemp business is not a cannabis business. I would like to make that very clear. They are defined separately in our ordinance and um by the state by the OCM. Lower potency hemp edibles retailers are prohibited from selling or delivering cannabis flour, cannabis product or hemp derived consumer products excluding edible products. So they can uh sell those edibles but not any other hemp consumer products. Also like to emphasize that granting of a cup by the city does not guarantee that the applicant will be granted the necessary lensure by the OCM or be able to register with the city um if if the applicant does not meet the requirements there. So the OCM conducts their own application process, inspections and has their own regulations. And then our our administrative department as the city conducts their own process for the registration of the business um which also involves an inspection and an application. So this is just a very small part of that overall licensing would be the issuing of the cup. Our code establish establishes standards for reviews for a cup. Uh those standards are listed on the screen. A quick overview of the information included in your packet is that the applicant is not proposing any applications to the site. So nothing on the outside of the building. Uh the business description included in your packet has a safety and security plan. Um this has also been reviewed by city staff, sheriff and fire have provided no comments of concern on this request. Um and this property or this business again is also subject to the regulations and inspections required by the OCM and the city prior to obtaining lensure and registration. Uh, this business must comply with local, state, and federal laws for hemp businesses in our city. Those include section 30 of the zoning ordinance and chapter 18, article 4 of the city code. Uh, these go over things like standards for noise, odor, hours of operation, signage. Um, those have been included in your packet. Uh, one thing I would like to note is that um, a condition of approval on this resolution and noted in your packet is that the applicant does have at least one sign which should not receive a sign permit from the city and several electronic signs on the building interior which violate the standards for signage established within section 30 of the code for hemp and cannabis business signage. Uh, conditions have been added to require the applicant to remove these signs or get permits for them. staff did not feel that this was a great enough violation or concern to recommend denial of the CUP based on that alone. I just wanted to bring that up tonight. That is something that can be addressed in those conditions. Uh the city may oppose additional conditions on the approval of the CUP beyond what is recommended in that resolution by our staff. Staff directs the planning commission to open the public hearing and make a recommend recommendation to the city council. Based on the applicant submission and information available to you tonight, the planning commission may recommend approval or denial of the CUP. A draft resolution of approval with conditions has been prepared and may be modified. A resolution of denial may also be prepared at the request of the planning commission with findings of fact recommended by the commissioners. Uh before we get into the discussion portion of this, I just want to um kind of guide our discussion and what we can evaluate and what we are not evaluating tonight. So, the state has allowed local governments to adopt ordinances to regulate hemp and cannabis businesses. The city adopted ordinance 2024-05, which establishes standards and regulations governing cannabis businesses in East Bethl. This ordinance was approved by the city council with the intent to at least in part safeguard the health, safety, and welfare of East Bethl's residents. So, this ordinance includes things like buffer distances for cannabis businesses from daycarees and schools and parks. uh things like o odor and noise regulations and we also limit the number of registrants for each of these types of businesses within our city. Um tonight we're discussing whether the cup application and the proposed ways in which this business will be operated are in violation of the cup standards or would violate those cup standards and the standards established within ordinance 2024-05. We are not discussing whether the city should allow cannabis or hemp businesses to operate at all. Um that was established via ordinance 202405 and the state laws surrounding cannabis and hemp business. So, I highly advise you to consider what is brought up tonight and make your best judgment, but to make your recommendation not based on a a blanket statement such as cannabis is harmful to health. We are evaluating the uh business tonight and their operations as proposed with the cup. So, just wanted to set that out here before we presume our or assume our discussion. Happy to answer any questions. >> Great. Anyone [clears throat] have any questions for Grace before we open the public hearing? Okay. I I have sorry I just have one question. I'm not sure if it's you or maybe the business owner, but per my understanding, is this just the the license is currently expiring at the end of 2025? >> Yes. So, I'm not super keen to the nuances of the state law, but from what I've heard uh what I've learned and what I've learned from our administrative staff here who does that registration process and who's currently or registering this business, licensing this business is that that expires at the end of this year. So uh to operate uh in the new year a license will be required from the state as those are as those registrations are adopted. >> Okay. Okay. Thank you. >> Okay. I'm opening up the public hearing for this um matter and if there's anyone who is not the owner of the business has any comments and come on up and to the podium and speak about them. But remember what Grace said that that we're not debating here tonight whether cannabis is a good thing or a bad thing. What we're talking about is the um conditional use permit itself. Okay. Does anyone want to come up and speak, please? >> And please state your name and your address, please. My name is Bruce Lawrence and uh my address is 18505 Highway 65. >> Been a property owner for about 12 13 years now. And the reason that we stand before you uh and fortunately with um Britney, the uh owner of the 5D dispensary being here. >> Okay. >> Okay. So, um, >> when we when we have the chance, what we'll have one person speak at a time in the microphone just so that they can be caught in the minutes, >> right? >> Okay. >> Well, and I brought my real estate broker as well. >> Yeah, I'm Jamie Bordon. Um, selling 1850 I was 65. >> Okay. Thank you. >> All right. So, the reason that uh we are here, folks, is this property has been sold two times now, and it's been sabotaged each time. Uh >> the property where this business is. >> Yes. Yes. Uh again, number one, it's next to the food shelf. Okay. Or behind the liquor store where the uh a food shelf is and I own the half of the building. They own the other half that the 18 churches paid four years ago. So my buyers currently ultimately were opening a dispensary business themselves, a dedicated dispensary that would make East Belel a destination city. A consultant had been hired for the cannabis industry. That's like a5 to10,000 a month uh service that's being performed. So people from the cannabis industry have cited that building on Highway 65 as the best location. Now, it just so happens that this location, this $600,000 sale that's been crushed is where there's a,000 ft between my building and the dispensary that is seeking the other license. So, here's our challenge. Our challenge is that what we are looking to open has absolutely It doesn't look at all the same like what they're opening there. The vibe is different. The products will be different. Uh they run a wellness center. We're talking about a complete dispensary focused completely on on that situation. Now, originally the state wanted East Bethl to have four licenses, not two. Uh now Jamie and I had a a meeting with Mattlook. um I've been a backer and a supporter of him for many many years and we had about an hour meeting where you know he did identify that he just assumed there'd be no cannabis in East Bethl ever. He's not an advocate. Okay, that's fair. However, I told him, "Well, then we're bringing you the best of the worst, Matt, because what we have is a compliant, consulted property owner that's coming into our community that also owns a construction business. So, the construction business would be on one side, the cannabis dispensary would be on the other." Now I want to make it clear that I don't have any objections either to 5D or their license. As a matter of fact, we believe uh in our studies there's a such thing called synergy that her establishment would make more more money along with ours with us being there versus not being there. Okay. And that the best way to explain that is um I'm sure everybody knows if you have a McDonald's on one corner, you got a Taco Bell across the street, and you got a Wendy's over here and a Burger King over here, all four of them make more money than they would if there's just a loan uh location. And that's been well proven through many many analytical uh data reports that have been released. And that's the reason why because we as Americans like choices. So I can just tell you as a three tour war veteran here who is a member of this community, obviously I have learned how to get along with people in times of great conflict. Can't be a helicopter paramedic in three wars and and not have a heart for people. Be empathetic and understanding. So, I'm not here to down anybody or anything. I simply would like my building sale to be able to, you know, continue to take place. Uh, the other thing, of course, and we had Mr. Tia here apply to the commission. Um, the gentlemen that are our partners, they're both Mexican gentlemen. They live in the area. I live in the area. and I live in the same zip code obviously as well. Okay. And uh we believe that it would be a good thing for additional business owners to come in because right now we are a 93.7% Caucasian city. So I'm not big on the whole social justice, social equity. I'm not I'm a conservative politically, you know, person. But at the same time, Minneapolis, St. Paul, Egan, Cottage Grove, some of the largest cities in our state do not have an ordinance where there's a buffer zone of a,000 ft between two lenses. East Bethl adopted this ordinance on its own. Okay. The state gives you folks what's called considerable control which means that the state framework is rather flexible. Okay, to where ultimately the things that are mandated by the state is a thousand foot buffer from schools as Grace mentioned 500 foot buffer from parks, recreational areas or places where minors reside. There is nothing in the state's laws, rules, mandate, any of that stuff that could would keep somebody like 5D and our dispensary from doing business in the city. We obviously were the early adopters of the situation. >> Sir, this is not a public hearing for 5D dispensary. This is for the smoke saloon. >> Okay. Well, fair enough. Understood. And all I'm saying is is that right now my concern and and those gentlemen came to you, Grace, you know, originally. So when the gentlemen came to do their due diligence, they came down to the city to see Grace and whoever else here to get the application. However, and again, I'm not putting anybody down. I'm not trying to be critical here, but at the same time, there has to be some accountability and there has to be some shared responsibility in my humble opinion that we're all learning here and there are a lot of mistakes being made. Okay? >> And that's something that Jamie and I got directly from talking to the folks at the state. As a matter of fact, right now things are so new that they don't even have the ability to document disciplinary action. So when the state comes in and does anything, the only way to get it is a some sort of data report potentially and they don't even have access to that. So they said, "Well, you know what? you want to come down and and talk to your your council about that and let them know that, you know, Minnesota is going to need 381 dispensaries, 381 in order to be compliant with that which the governor passed for cannabis to be entering into our state. That's why Bruce >> they wanted four >> um you've you've had quite a bit of time yeah to talk here and I appreciate your comments very much and I agree with you that this is like a wide openen thing. Um could you just succinctly tell us whether you are opposed or um in favor of this particular um matter that's in front of you with >> I'm yeah I'm not opposed to it. I'm in I'm in favor of it as well. I think Mr. Hussein who I've met sorry that uh has also the tobacco shop and the hemp license and those two things don't you know they're not competing. At the same time though I think the gentleman at the tobacco shop because he owns a lot of other businesses many other locations. East Bethl is probably his smallest, but at the same time he 5D and ourselves we really do represent and succinctly we are downtown East Bethl where we're located here. We don't have we're this is not the commerce area on Highway 65 where we all reside. And this is this is why this isn't going to be the last time that this happens, you know, as as things continue to grow, as our population grows, as all of those new houses, the quick trips, all of these other things for the the emotional and mental health, you know, people. We're we are a growing city and we are kind of we're growing very fast now. Things are starting to catch momentum. I'm sure you'd agree. So we believe that it would just again it would help the city obviously make additional revenue. It would make all of us three in in businesses make additional revenue. And we serve and dedicate our businesses to a separate and different uh customer so to speak, you know, because what they're doing with a wellness center, what the other tobacco shops doing with with his items uh in his in his business. >> Okay. So again, succinctly Yeah. none of it competes. So, so my issue here and what we're looking to bring to the table is we would like to ask that this ordinance of this thousand ft between two licences either be amended, abolished, or adjusted in good faith so that just like Minneapolis and St. Paul and all of the rest of the big cities in our state that we can certainly have a little bit of competition, however friendly, >> right? And and we don't have that that power to do that. So that's going to be a a city council thing. >> Understood. To bring that in. >> That's why I ask the audience >> right now. You don't have a dispensary yourself. >> No. >> Right. But you own the building, >> correct? >> I'm a little bit lost as you can tell. Well, I can tell you that I I've lost a a great deal. You know, this is $600,000 property and with two sales being made and both of them being crushed by minor things. It's a little disheartening, obviously. >> Understand? >> I'm I'm I'm selling the building because >> if this goes through, you're selling the building. >> No, I'm selling the building anyway. I was selling the building. the people that bought the building, they are partners that want to open the dispensary and move their construction company. So, they're a construction company, a corporation that also owns a uh, you know, a dispensary that they would like to open in our city because they live in our area as well. And so now with our attempt to come and even Matt said, "Well, where's the application?" And I had to let him know, "Well, Grace stated that she wasn't able to accept another application at this time and I obviously know the city we have a consultant uh that again we're learning from. Is that fair statement Grace? >> Yeah. >> Yes. >> Yeah. Okay. So, you know, we're we're all, like I say, we're all learning things. That's why I say I'm not here to point fingers or say, "Oh, you didn't do this right or you didn't do that right." We're all learning. And I just don't want the nine families that are involved in this sale, in this transaction, to be punished over something that would ultimately benefit our city and the two other businesses that that would reside next to it. >> But but granting a conditional use permit for uh Mr. Hussein um will not be um detrimental to you. >> May I provide some context here? So Mr. Hussein has provide or applied for a hemp business. A hemp business is not a cannabis business. They are separate in our ordinance and separate in definition from the state. So the granting of a cup for Mr. Hussein uh smoke saloon it does not have any impact on the buffer distance um that uh our that our commenter here is referencing. So again difference between a hemp business and a cannabis business. Our next item is a cannabis business. Uh but this item is a hemp business. So again, not applicable to that cannabis buffer area. >> Okay. Thank you a lot for that. Um >> in that in that regard then I'm speaking a little bit premature obviously because it would have come up >> had it not been the uh [clears throat] been the cup. But I want you to know >> folks that I don't object to either. >> Okay. We do believe and we've done our homework that all three of these businesses along with the city would benefit. It's a winwinwin. Right now it's a lose lose lose for my property sale that is supposed to be closing mid December. So if nothing can be done naturally these folks, they're in a hurry because the state only gives you so much time. >> Okay. Okay. Well, Bruce, I I think unfortunately I think you're talking to the wrong people. >> I was going to say you might have to bring this to the city council or >> It's not that we're not sympathetic. >> Sure. >> But there's nothing we can do here tonight about that. >> No, I understand. And I just was looking to >> And that's what this public hearing is about. >> Sure. Sure. I was just looking to see that because it's December 8th is when the next council meeting is, right? Correct. >> Okay. My hope was that there would be something that we could speak about tonight that could put something in front of them or how do I go about getting an audience or or stating my case then if that's the case. >> So to be put on the agenda here then you need to contact the city and notices go out to the neighbors about the thing that we're going to be discussing whether it's an IUP or COP or or whatever it is. Okay. >> So, I recommend that you speak at the public hearing at the city council regarding this. We, again, as I mentioned earlier, um, you are referencing an issue with ordinance 2024-05. That is not up for discussion tonight, that was um, approved in December of 2024, if I remember correctly. That public hearing happened then. So, um, that is the standards for that are not up for approval or up for discussion tonight. Um, if you would like to suggest an amendment to that ordinance uh or to our code, uh, I suggest you bring that up at a public hearing at a city council meeting. >> So, is that a public hearing or a public forum? >> A public forum, sorry, >> which is at the beginning of the meeting >> is your best chance to get in. >> So, December 8th, come be early. [laughter] >> All right. >> Okay. All right. Well, thank you very much. I appreciate it. And uh I uh >> I thank you guys for your time. >> Good luck. >> Okay. Um and Britney left. Did do you know if Britney wanted to say anything? >> Uh no, she's the next one. Yeah, she's the next one. This is a different one. >> Okay, got it. Um so on the matter that's in front of us, Mr. Hussein, would you like to come up and and talk to your request, please? >> Hi. Uh my name is Ramadan Hussein. I'm the owner of the smoke saloon and um we actually um had a license for over two years now. We were selling the same products. It's just that the state took over the licensing and then gave the uh the city. Um so we applied for the state since we know we already have a license. So we know that we in the right zone. Um he was talking about cannabis license. We only doing the low potency THC which there is no actually um distance regulation on that one. Uh so we had nothing to do with uh dispenseries. We're just going to be doing the gummies and the drinks which is uh 5 migram and 5 mgram THC uh in the drink and the gummies which is a liquor store next door actually carry. So um has nothing to do with dispensaries. We already have the um tobacco license. So, we're selling tobacco and we're just going to be um keep selling the gummies that we're selling right now. And uh we already have the license. We've got inspected by the states before many times and uh we just adhere by the rules. >> Okay. >> Any questions >> that you can think of Christina? >> Ju just to again just to go the signs, right? The the the whole sign thing. So, just to bring that back up, >> take care of the signs. I will actually check with um Grace or whoever is responsible with the signs to tell us which one should we keep and which one to remove. >> Perfect. >> And if there is a license for it, we can apply for it and get a permit. >> Okay. >> To have the signs. It's just it's a matter of um when we came in um we got the first sign approved and then the signs on the window. Other cities don't really require signs for them. So, I don't know, okay, if there's signs required for them here, >> but I will be removing the signs that you um the city tells me to remove and keep the one they told me to keep. If there's a permit, I'll apply for one and I'll just do it the way the uh supposed to be done. >> Perfect. Thank you. >> Yeah. Thanks. >> Okay. Well, thank you. Well, before I close that a little prematurely, did anyone else want to come up and speak to this matter? If not, the public hearing is closed. Any discussion from you valued people? >> I don't I don't have any concerns. >> I was just going to say is there there's no reason to not >> No, I mean, looking through everything, it sounds like I mean, they've been they've had their license for a couple years. They've been doing this for a bit. >> It doesn't sound like they've had any issues. Um, I don't see any any problems with that. >> Okay. And, um, >> yeah, as long as the conditions of approval are met, >> agreed. And Glen Terry had some comments, but I'm not going to read them out loud. I think they really aren't appropriate for the conditional use permit. his it was his opinion about um the use of um cannabis marijuana. So, I'm just not going to read those out loud. >> Okay. >> I think it's a pretty deep topic and I'm glad the city hired who we did to investigate and set the standards. And I think we should vote along the lines of what got approved by city council through that process. And this meets that I believe. Yeah, I mean it like I said after reading through the things they've got the security plan, they've got uh there's no um they it sounds like the police uh like the police reports and that kind of thing. There hasn't been any issues or traffic issues or anything like that. So again, they're conducting business as they should. >> Agreed. Okay, any more discussion? If not, can we have a motion? Um, page 31, that first paragraph is kind of a good motion if someone wants to make it. >> Sure. I um I'll make a motion to um >> recommend >> recommend the granting of the cup for the lower potent edibles retailer location at 18429 Highway 65. >> That's good. >> Perfect. Is there a second? >> Yeah, I'll second the motion. And this is per the conditions of approval being met. Correct. >> Thank you, Brian. Yes. Yes. >> Okay. Yeah, I'll second the motion. >> Okay. Any more discussion? If not, everybody in favor say I. I. >> And opposed? Being none. Um that motion passes. And uh so thank you for coming up today and that will go in front of the city council December 8th. >> Thank you. And the next item We are moving on to our cannabis item now. This is a conditional use permit for a cannabis business at 18447 Highway 65 Northeast Sweet B. Brittney Yarus has applied for a CUP or Britney Yus, the applicant and the owner of 5D dispensary has applied for a CUP to allow the operation of a cannabis micro business at 18447 Highway 65 Northeast Sweet B. Uh this property is guided commercial and zoned B3 Highway commercial. Properties to the north and south are guided and zoned the same. The property to the east is zoned and guided mixed use and the property to the west is highway 65. This is an existing business which according to its website sells holistic wellness products. Uh state statute again requires that cannabis businesses be licensed by the state that was due to that change in uh the state statute during the 2025 legislative session. Again uh this LG uh local government units are allowed to register these businesses uh but they are subject to uh lensure by the state which is a series of inspections and applications. Um so small part of that is issuing a cup to verify the zoning of a business. Um but from there that is a state's licensing process and the city's registration process which is separate from this. The request is to allow the operation of a micro business at 18447 Highway 65. Cannabis micro business is a conditional use within the B3 zoning district. Definition for a cannabis micro business is on your screen. I'm not going to read all of that. Uh the gist of it is that micro businesses can cultivate cannabis and manufacture cannabis products. Uh micro businesses may also operate a single retail location. Uh the applicants application materials have not disclosed plans to do any cultivation or manufacturing of cannabis pro project pro products. This would just be a retail location as it's been applied for um with the application materials the city received. Um endorsements may be required by the the OCM. Um other things may be required by the OCM. So again the granting of a CUP does not by the city does not guarantee that the applicant will be granted the ne necessary lensure by the OCM. This just allows the city to verify that the zoning is met. Uh the standards for review for the cup are listed on the screen. Uh staff has also provided an analysis of these standards within your packet. Just as an overview, uh the applicant is not proposing any alterations to the site itself. A business description was uh included or a narrative in the packet. This includes security and safety information. A floor plan was also included with the application materials, but has been redacted in your packet due to sensitive security information within that floor plan. Uh, this has been reviewed by staff, including the sheriff's department and the fire department, who have provided no comments of concern on this application. Again, this is also subject to regulations and inspections by the OCM to obtain the lensure and the city to obtain registration. Uh, they are subject to local, state, and federal laws for uh cannabis businesses. Again, those are uh section 30 of the zoning ordinance in chapter 18, article 4 of the city code. Uh these again set standards for noise, odor, hours of operation, signage, any of those types of things. Uh the city finds the materials submitted by the applicant do comply with the standards within section 30 of the code and the cup standards. Uh conditions have been recommended by staff. Many of these conditions pertain to following local, state, and federal laws, maintaining lensure, making sure that licenses are assigned to the correct person, that sort of thing. Um, the city's discretion when evaluating a CUP is uh limited to whether the CUP meets the standards outlined in the code. Staff directs the planning commission to open the public hearing and make a recommendation to the city council. Based on the applicant submission and information available to you tonight, the planning commission may recommend approval or denial of the CUP. A draft resolution of approval has been prepared and may be modified and a resolution of denial may also be prepared at the request of the planning commission with finds in fact determined by the commissioners. Not going to give my disclaimer about discussion again. Again, we're evaluating the cup standards, not the ordinance that was passed by the city. Thank you. >> Okay. Thank you. Before we open the public hearing, do you have any questions for Grace? >> No. >> All clear now. >> Okay, great. So, I'm opening the public hearing for this matter and if if anyone who is not the owner um of this business come up please if you have any questions or comments and then we'll kind of distill those. Okay. And if you could please state your name and your address. >> I'm Emily. I'm at 18164 Highway 65 Northeast. Um, and that's in in Vegas in Cedar, East right on the C. >> So, and you're Emily Shide. >> Emily Sh. Yeah. Um, I actually am a new resident to East Bethl and I >> And could you pull the micro? >> Um, I'm a new resident to East Bethl >> and I um and very much approve of this um in our in our city. We need the the business, the jobs um and the taxes for our city. So, I think it'd be great for us here. Yeah. >> So, that's all I have to say. >> Okay. Thanks so much. Thank you. >> Anyone else? If that's not Britney, Britney, would you like to come up, please? >> Hi, I'm Britney S. I am the owner of 5D dispensary. I also own a couple other businesses in the area. Um, in that building, um, I actually have suite B, C, and E. So, I've had multiple businesses and been a resident. Um, lived on Lake my whole life. So, um, really want to see, you know, a business go in that is we are a holistic and wellness-based existing business. Um, and then this would be leading in and building on that. um to help the community, educate them, give people an alternative to, you know, maybe traditional medicine that's not working for them, that has failed them, and they're looking for um a non-addictive, healthy way to kind of change their life, heal themselves. Um so, there's just so many benefits to cannabis, adult use cannabis. Um does anyone have any questions, I guess? >> Yeah. So, are you actually going to be growing things right there or >> No. Um Grace kind of touched on that. We are only retail. So it will only be prepackaged product. We will not be having any loose flour. There'll be no odors. Okay. Um it will all be >> So here was it was talking about plants and things like that. Nothing at all. >> Well, that's too much. Like I said, we're we're we're just want to kind of help people and provide alternative products. Um so that would be stuff, you know, lotions, drops, gummies. There will be flour. Um like I said, it will be prepackaged. We will not be doing any growing, cultivating. Um you can't come in and buy a bag of weed. You know, it's um very high-end, high classy, non-stigmatized. It'll be very different from a traditional dispensary. >> And this is new, right? This is going to be something that is an is an add-on to your current business. So, currently we're selling like um holistic, you know, personal products such as like deodorants that don't have aluminum and chemicals in them. We sell protein powder, we sell creatine, um vitamins, supplements, stuff like that. Um and then, you know, we're obviously hoping to lead into more products that are holistic and help people, including adult use cannabis. >> Okay. >> And that's the 5D wellness. >> Yeah. So the spa, yeah, the spa is technically 5D Wellness Spa and Therapies. And then next door, Sweet B would be 5D dispensary where we would sell those products. So two completely different businesses, two completely different seats, but both um kind of go together. And that's, you know, kind of how I got my lead into this is taking a holistic journey myself. Okay. And Grace, I'm sure I'm assume that that you're just up on all of the regulations that they need to do to keep those businesses separate. And >> yes, that's something our city attorney has been looking into. The CUP would only be for that suite that it is issued for. So, suite B, it would not be for any of the other suites owned by the applicant. Um, and then I also just want to highlight that we don't um this is not an evaluation of the um the other functions of the business that may or may not be allowed by the OCM. Um, so they may not be able to sell some of those wellness products. Um, that's something that state law is a bit unclear on right now. So that is up to the OCM to um, regulate and um, go from there on that. So they're subject to inspections by the OCM. >> Are there separate entrances? >> Uh, yes, there are separate entrances to the suites. The floor plan um, though it's redacted in your packet did not show a connection between any of the suites. And that is something that will be uh inspected by the OCM and by the city when it does registration for the business. Great. >> You guys have anything? >> I don't. No. >> Okay. Well, Britney, thank you so much for coming up >> and I'm going to close [snorts] the public hearing. And do you have any discussion? any reasons we should not um recommend the approval of the coop? >> This might be a just so if we issue the coop for this business, is it stay on that site forever or if she oops sorry if she sold the business, does it go to the next owner? >> How does that work? >> Yes. >> This is noted in the resolution. This was recommended by our city attorney. Um >> where is it? conditional use permit must be issued to the entity that leases the space and obtains the OCM license. Okay. >> Um so if there were another business to come in um I would need to do I need to do some more research to see if they would be required to apply for a um conditional use permit too. I'll touch base with our city attorney on that and make sure that language is tightened up before the plan or the city council meeting >> because I mean I I could be wrong but I I was under the understanding it was just for >> the applicant >> and it's not typically run with the land. That's why we may have to um tighten up some language and our conditions here. Right. >> Um I will check with our city attorney to make sure that clear. >> You know council will definitely want to know the >> Yes. >> verdict on that before they vote on it. Yes. >> Good question. >> Yes. Great. >> I have no further questions yet. >> Okay. Well, [clears throat] if there's no other discussion, um would someone like to make a a motion on page 46 is kind of the help. Um that first press uh paragraph could be a guide. And then remember to add the conditions or Yeah, I'd like to recommend approval of of granting a conditional use permit for cannabis micro business located on 18447 Highway 65 Northeast, unit B uh per the conditions um that have been laid out. >> Fabulous. Is there a second? >> I will second. >> Any further discussion? If not, all in favor say I. I >> and opposed. None. So, um, that motion passes and so that will go in front of the city council December 8th. And, um, I think that's it for that. And let's see what's the next thing on the agenda agenda. [sighs] So, we're going to consider a site plan review for AMBA East Bethl Commercial. >> Yes, this is a site plan review for AMA East Bethl Commercial. Uh AMBA Holdings LLC has applied for a site plan review for a multi-tenant commercial building located uh along Ulissi Street north of Village Bank. This property is 4.43 acres. It is guided commercial and zoned B3 Highway commercial. The properties to the south are guided and zoned the same. The property to the north is guided and zoned mixed use and the property to the west is guided and zoned light industrial. This property borders Highway 65 to the east. Uh the proposed building is 20,400 square ft. It includes a daycare, which is a permitted use within the zoning district, and three retail storefronts uh whose tenants have not been defined yet. Uh 11,860 ft of the uh building would be the daycare and 8,400 ft of the building would be retail space. This building would have frontage to Ulyses Street. The request is for a site plan review to allow the construction of the proposed 20,400 foot commercial building. When reviewing a site plan, the city's discretion is limited to whether the proposed site plan meets the standards outlined in the code. If it meets these standards, uh the city must approve the request. Site plan review is required for all new construction commercial buildings in East Bethl. Staff has provided an analysis of the standards for review of a site plan within your packet. Uh these standards for review are listed on the screen. The applicant has not requested any variances for the approval of this site plan. Uh the applicant has provided site a site plan uh civil plan, parking, lighting, landscaping and building plans uh which are included in your packet. This is a quick look at the site plan. It includes the building, a outdoor play area for the daycare and the parking lots and landscaping. Uh, one thing to note is that the city received a memo at the end of last week disclosing the presence of wetlands on the northern edge of this property that is not included on the site plan. The city engineer has advised that staff continue with the evaluation of this project presenting at the planning commission tonight, but has added a condition of approval that the applicant shall obtain a wetland delineation and revise the plan to comply with all wetland buffer and setback requirements established by the city code. Uh this is unlikely to have an impact on the building but will likely reduce the size of the out outdoor play area. Um but again this has been advised by the city engineer to continue forth with this review just adding that condition. Um and we will expect an updated site plan with that. This is a look at the elevations of the building. This meets our uh city standards for architecture. uh has the required amount of stone, glass and um siding material on this building. One thing to note is that the siding material that is proposed on this building is not explicitly a permitted material within our code. Um the applicant is proposing LP smart siding which is uh by many opinions a superior material to things like stucco and other things that we allow. So our code does allow the city council to approve superior materials or comparable materials to what is allowed. That will be uh consideration at that meeting whether the material of this building is um allowed. Staff will recommend approval of that though. Uh to summarize, the ordinance includes standards for the site plan review. Staff finds that the general site plan standards have been met without the need for variances pending that wetland delineation. City engineer, city attorney, and city staff have reviewed and provided comments which have been added as conditions of approval on this uh project. Um, again, this meets the standards for lot coverage, setbacks from property lines, landscaping, architecture, lighting, parking. Um, this has been reviewed by additionally the fire department, and the applicant will just need to update those plans to address all of the comments that are recommended. Uh, the staff directs the planning commission to make a recommendation to the city council based on the submission and the information available to you tonight. You may recommend approval or denial of the site plan. A draft resolution with findings of fact for approval has been included in your packet with conditions to address the comments by staff. A draft resolution may be modified to reflect the findings of the planning commission. And if denial is recommended, a draft resolution of denial can be prepared. Thank you. I'm happy to answer any questions. >> Okay. Um, so here you talk about public testimony, but we were not scheduled for a public hearing, right? >> You're right. I forgot to remove that. Yes. That's >> So we're not taking >> no public hearing. Yes. No public hearing tonight. Got it. Okay. Any questions for Grace? First of all, can you um I will apologize. I didn't get a chance to look at this really closely. Where is this located? Um as opposed to like Viking and 65. >> Yes. So, this is um pull up a map here. As you can see, >> it's right by the gas station. >> Yeah. Right by the gas station, Village Bank um north of the Holiday. Yes. So, kind of by >> across from where the town homes would be. >> So, north of Village Bank. >> Yes, that site. >> Correct. >> Okay, cool. >> Yeah. >> Yep. >> It's nice. I mean, it's nice to see that many kids in a daycare. >> Um, 200 plus, as I said, that idol. >> Yeah. Again, that's subject to lensure by the the state. This another instance of can approve the building. Um, but the occupants of the building still need to obtain the necessary approvals from the city or the state. So, >> great. >> And the retail space also >> questions? >> No questions. some conditions have been, you know, laid out for approval, but set or aside from the wetland delineation, um, you know, and then the siding, which can be approved by city council, I I think no reason to deny this one. >> I agree. >> Okay. Does anyone want to make a motion on this? >> I will make a motion to approve the resolution. uh for the site for a multi-tenant commercial building located on property at pin number 32 333 2321 0012 um with the conditions of the wetlands delineation >> conditions recommended by staff that entire list. >> Okay. Sorry. And the recommendations by staff. >> Perfect. >> Is there a second? >> I'll second that motion. >> Wonderful. Any more discussion? If not, all in favor say I. I. >> And opposed. That motion passes. Okay. So, our next item, I don't have the email with me today, but Tanner Bethany attended his resignation today um due to just time constraints in his personal life right now. And I think that's effective immediately then. Correct. >> Yes, it is effective immediately. So you guys just need to accept the resignation. Make a motion to accept that. >> Oh, thank you very much. So he wrote, uh, please accept this email as my formal resignation from the East Bethl Planning Committee. My responsibilities and personal life and work have changed over the years and no longer afford the time and energy that I feel is required for the position. I've greatly appreciated all of your friendships and camaraderie over this past 15 years. I wish all well and feel free to reach out anytime. Have a great Thanksgiving to you all. So, thank you Brian very much. So, um I publicly want to thank um Tanner uh for his service 15 years on the planning commission and uh he's he's given a lot and and we've all had different opinions and that was great to to bring all these to the table. So, um is there a motion to accept his resignation? I don't know. Do we have to we would have to have it? >> Yes, let's make a motion on that. Okay, >> I'll make a motion to accept Tanner Bely's resignation. >> And is there a second? >> I'll second the motion. >> And no further discussion. All in favor say I. I. And opposed. We are unanimous tonight on everything. So that passes. And the last one is the staff update. >> Yes, I will keep this brief. Um, as Mr. Mundle mentioned earlier, there's a posting on the city's website now for a senior city planner position. So, that's of interest to anyone uh watching this. I recommend you apply. Um, in connection with that, I submitted my resignation to the city at the beginning of November with my last day being December 12th. Um, if I presented your item tonight, I'll be presenting it on December 8th and then probably trying to track you down after that so we can get some of those last things uh those conditions and those last things sorted out and in a good place for whoever's taking over after me. Uh, I'd just like to thank city staff, residents, and you all in the planning commission for your patience and trust as I've learned this role. I've really appreciated that, and I'm wishing you all the best going forward. Thank you. >> And [clears throat] I as well, thank you, Grace. And um, you kind of had to jump in with both feet, didn't you? And you did a great job when you were here. >> Thank you. >> So, thank you. >> Yeah, it's a hard job. You did great, Grace. >> You did. >> Thank you very much for your hard work, Grace. >> Thank you. That's all I got. >> Okay, great. Is there a motion to adjurnn the meeting? >> I'll make a motion to adjurnn. >> No. Oh, great. I'll second that. All in favor say I. I. Oppose. Name. So thank you everybody.