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Planning Commission Minutes May 8, 2007 Page 1 that the Commission make a determination whether the use is appropriate or not, and if not, where it should be permitted. Staff recommends Commercial Recreation not be permitted within the Business Park Zoning District. Should the Planning Commission and City Council feel the use is appropriate, Staff would recommend a Commercial Recreation use be classified as an accessory retail use, for the purposes of space allocation, and preservation of business park character, with no more than 15% (5,000 sq ft) of the occupied quarters being used for the Commercial Recreation. Vice-Chair Scott opened the public hearing. Pat Briggs, of Briggs properties and owner of the subject property -Provided background information regarding his business interests in the community, and history of his request to locate the PS Dance Studio in his existing facility in the Elk River Business Park. He stated that a former staff person agreed that the use could be allowed with no conditional use permit, since it would be utilizing less than 15 percent of the total occupied space of the building. He stated that he has a signed lease with his dance studio client and was ready to move forward with a building permit to finish the space, when he was told the use was not allowed under the current zoning. He stated that 75 percent of the building is leased and has created 52 jobs. He stated that he spoke with the Mayor and she suggested the item be discussed in a City Council workshop. He felt that staffs interpretation is incorrect and had concerns with the definition being applied to the proposed use. Mr. Barnhart explained that staff is looking for direction from the Commission whether or not they feel the use is appropriate in the Business Park zoning district. Mr. Briggs stated that he felt the use could be addressed as a conditional use permit under the education venue, such as vocational, technical and trade schools, as discussed with the Community Development Director. He stated that clients receive school credits for attending and costs are deductible, according to the IRS. He stated that other cities such as Chanhassen, Ramsey and Plymouth, allow the use in business park zoning districts. Mr. Briggs stated he would like to rent out the space, and that has spent 1 '/z years in meetings for this issue. He stated he would like to submit the application per the Planning Commission's and Council's recommendation, whether it be as a vocational, private recreational, or commercial recreational use. Mr. Briggs stated that since the building has a site line to Highway 169, the use could also be considered a personal service establishment as an underlying commercial use in the Business Park. Commissioner Staul asked if Mr. Briggs felt the use was not a commercial recreational use. Mr. Briggs stated yes, and stated that the use is open to the general public, but that the dancing is private with professional dancers as instructors. Commissioner Staul as if the students are professional dancers. Mr. Briggs stated that they are students and their only reason to be there is to be instructed, and felt that the use could be defined as a personal service. Commissioner Staul asked if the use was deemed to be permitted as a commercial recreational use, would Mr. Briggs still have an issue. Mr. Briggs stated no, but that he felt the definition needs to be clarified. Mr. Barnhart stated that the question is whether or not the use is appropriate and if so, should it be included in all three uses within the Business Park zoning district, and whether or not limitations on the size of the use should be imposed?