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<br />MEETING OF THE ELK RIVER PLANNING COMMISSION <br />HELD AT ELK RIVER CITY HALL <br />TUESDAY, MAY 8, 2007 <br /> <br />EXCERPT OF MINUTES: <br /> <br />Members Present: <br /> <br />Chair Stevens, Commissioners Anderson, Austad, Lemke, Scott, Staul and <br />Westgaard. <br /> <br />Members Absent: <br /> <br />None <br /> <br />Staff Present: <br /> <br />Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Chris <br />Leeseberg, Planner; Debbie Huebner, Recording Secretary <br /> <br />5.3. Request by City of Elk River for Ordinance Amendment Regarding Recreational Facilities in <br />the Business Park Zoning District - Case No. OA 07-06 - Public Hearing <br /> <br />Planning Manager Jeremy Barnhart explained that this request is in response to a building <br />permit request to f111ish a tenant space for a commercial recreation business (dance <br />studio/ gymnastics facility) in the Business Park zoning district. He explained that this type <br />of use is permitted as a conditional use in the C-l and C-3 zoning district, and in the 1-1 <br />zoning district as a conditional use, provided the property is not platted. The Commission is <br />asked to consider whether or not additional zoning districts should permit this type of use as <br />a permitted use or conditional use, specifically the Business Park district. Mr. Barnhart <br />reviewed four options for the City consider, ranging from making no amendment to <br />allowing the use as an accessory use with restrictions on the size of the facility. He asked <br />that the Commission make a determination whether the use is appropriate or not, and if not, <br />where it should be permitted. <br /> <br />Staff recommends Commercial Recreation not be permitted within the Business Park <br />Zoning District. Should the Planning Commission and City Council feel the use is <br />appropriate, Staff would recommend a Commercial Recreation use be classified as an <br />accessory retail use, for the purposes of space allocation, and preservation of business park <br />character, with no more than 15% (5,000 sq ft) of the occupied quarters being used for the <br />Commercial Recreation. <br /> <br />Vice-Chair Scott opened the public hearing. <br /> <br />Pat Briggs, of Briggs properties and owner of the subject property - Provided <br />background information regarding his business interests in the community, and history of <br />his request to locate the PS Dance Studio in his existing facility in the Elk River Business <br />Park. He stated that a former staff person agreed that the use could be allowed with no <br />conditional use permit, since it would be utilizing less than 15 percent of the total occupied <br />space of the building. He stated that he has a signed lease with his dance studio client and <br />was ready to move forward with a building permit to finish the space, when he was told the <br />use was not allowed under the current zoning. He stated that 75 percent of the building is <br />leased and has created 52 jobs. He stated that he spoke with the Mayor and she suggested <br />the item be discussed in a City Council workshop. He felt that staff's interpretation is <br />incorrect and had concerns with the defmition being applied to the proposed use. <br />