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Planning Commission Minutes June 72, 2007 Page 11 Mr. Barnhart explained that Mr. Briggs application for a conditional use permit described the use as an educational use, and staff did not believe the use met the criteria of an educational use. He stated that Mr. Briggs could appeals staffs interpretation. He stated that staff is attempting to determine where the use might be appropriate. Chair Stevens stated that they are trying to narrow down the definitions and determine where the use will best fit. Mike Olson, also representing the Briggs Properties -Stated that he attended the Planning Commission workshop and was amazed that he was not given an opportunity to give input. He stated that he felt sometimes the applicant's input is equally important as the Planning Commission's and staffs input. He stated that he was not aware of a formal appeal process. He stated that P.S. Dance is providing a service to the area by educating children, and that the structure of the business is educational. Mr. Briggs' stated that he has been working with staff for many months to help is client find a new location in Elk River, and that she will have no choice but to leave if this issue is not resolved. Commissioner Scott stated that Mr. Briggs may have been talking with staff or the Council for months, but that the Planning Commission has only been aware of the issue for one month. Mr. Briggs stated that he disagreed the use was a commercial recreational use. He stated that 7,000 square feet of his building is offices and 7,000-8,000 square feet is vacant. He stated that most of the traffic from the dance studio would be after 5 pm and would only be 3 days a week. He stated that there are no case studies on these uses to show a detrimental impact on business parks. He stated that they are driving businesses out of the city. He stated that he was aware they are trying to get the issues resolved regarding definitions and appropriate zoning before attending to his application. Tom Rigal, 14857 92~a Circle NE, Otsego -Stated that he feels that P.S. Dance°s program builds confidence, has a very positive impact on its students, and provides a sense of community. He stated that it is not just for the kids, and that moms and dads also can participate in classes. He felt the dance studio was a valuable asset to the City of Elk River and was a good outlet for kids. There being no further public comment, Chair Stevens closed the pubic hearing. Commissioner Scott stated that they need to clarify where the business is appropriate and maybe using the underlying land use is not the best definition. Commissioner Lemke stated that the question is to determine if the use is harmful to the economic goals of the city. He stated that they are not making a decision tonight on Ms. Sitt's application; they are attempting to make a recommendation based on the last workshop's discussions. He stated that if Mr. Olson had requested to speak at the workshop, he likely would have been able to. He stated that the Commission was not aware of why he was at the workshop. Chair Stevens re-opened the public hearing. Pamela Sitts, owner of P.S. Dance -Stated that it is hard to find space in the commercial areas that would allow her to make her classes affordable for families. She stated that her