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6.2. SR 07-16-2007
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6.2. SR 07-16-2007
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<br /> <br />Planning Commission Minutes <br />May 8, 2007 <br /> <br />Page 2 <br /> <br />Mr. Barnhart explained that staff is looking for direction from the Commission whether or <br />not they feel the use is appropriate in the Business Park zoning district. <br /> <br />Mr. Briggs stated that he felt the use could be addressed as a conditional use permit under <br />the education venue, such as vocational, technical and trade schools, as discussed with the <br />Community Development Director. He stated that clients receive school credits for <br />attending and costs are deductible, according to the IRS. He stated that other cities such as <br />Chanhassen, Ramsey and Plymouth, allow the use in business park zoning districts. Mr. <br />Briggs stated he would like to rent out the space, and that has spent 1 Vz years in meetings <br />for this issue. He stated he would like to submit the application per the Planning <br />Commission's and Council.'s recommendation, whether it be as a vocational, private <br />recreational, or commercial recreational use. Mr. Briggs stated that since the building has a <br />site line to Highway 169, the use could also be considered a personal service establishment as <br />an underlying commercial use in the Business Park. <br /> <br />Commissioner Staul asked liMr. Briggs felt the use was not a commercial recreational use. <br />Mr. Briggs stated yes, and stated that the use is open to the general public, but that the <br />dancing is private with professional dancers as instructors. Commissioner Staul as if the <br />students are professional dancers. Mr. Briggs stated that they are students and their only <br />reason to be there is to be instructed, and felt that the use could be defined as a personal <br />service. Commissioner Staul asked if the use was deemed to be permitted as a commercial <br />recreational use, would Mr. Briggs still have an issue. Mr. Briggs stated no, but that he felt <br />the definition needs to be clarified. <br /> <br />Mr. Barnhart stated that the question is whether or not the use is appropriate and if so, <br />should it be included in all three uses within the Business Park zoning district, and whether <br />or not limitations on the size of the use should be imposed? <br /> <br />There being no further public comment, Vice-Chair Scott closed the public hearing. <br /> <br />Mr. Barnhart stated that staff request direction from the Planning Commission regarding a <br />possible text amendment, which may include new definitions, and whether or not the use <br />should require a conditional use permit. <br /> <br />Commissioner Westgaard stated !hat he felt more discussion is needed regarding a definition <br />for the proposed use and he was not comfortable making a recommendation tonight. He <br />stated that questions need to be answered regarding what is educational, what is recreational, <br />and where the use is appropriate. He felt the use could be a twist on words and up to <br />interpretation. He stated he would like more information before providing a <br />recommendation. Mr. Barnhart stated that issue can be broken into pieces consisting of: 1) <br />determining whether or not the use is appropriate for this zone; 2) whether or not the use is <br />commercial recreation; 3) where does this type of use fit; and 4) is the use a <br />vocational/ educational use or for enjoyment. <br /> <br />Commissioner Staul asked if the dance studio on Railroad Drive was a permitted or <br />conditional use. He stated he felt the commercial recreation definition as it currently exists is <br />too broad and some of the uses would not be acceptable in the Business Park zoning district. <br />He stated that commercial recreation needs to be defined and suggested that other cities be <br />surveyed regarding this issue. <br /> <br />Commissioner Lemke asked if the Commission was bound by any past Council action. Mr. <br />Barnhart stated that tl1ere is some history on this issue, and that there have been changes in <br />
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