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Mr. Abdirahmam Ahmed stated he is 13 years old and his father is one of the mosque leaders. 1 <br />He stated on August 24th, he will be starting 8th grade at Farnsworth Aerospace Academy in 2 <br />downtown St. Paul and they have a lot of homework and he felt that having an after school 3 <br />day care where kids can do their homework and get help is a good idea. 4 <br /> 5 <br />Ms. Sherry Granrud stated she resides on Croft Drive and was concerned about where these 6 <br />kids were going to play because there is no facility for them to play outside. She was also 7 <br />concerned about weekend hours and traffic. She asked about any impact of the proposed use 8 <br />on what proportion of the building could be used for religious purposes. She also asked if the 9 <br />children would be contained at all times in the building and how they will be supervised. 10 <br /> 11 <br />Mr. Abdi stated they have no plans to use the play space and they plan to use their space for 12 <br />homework and tutoring. He stated they are a private nonprofit organization and they do not 13 <br />need a State license. He stated they will be open every weekend except a few holidays. He 14 <br />stated there will not be any buses and parents will have to drop off and pick up their children. 15 <br /> 16 <br />Chairperson Crone asked about the religious use as part of the Settlement Agreement. 17 <br /> 18 <br />Ms. Carlson stated the proposed day care use would not affect the PUD. 19 <br /> 20 <br />Chairperson Crone closed the public hearing at 7:40 p.m. 21 <br /> 22 <br />Chairperson Crone requested clarification regarding the original CUP for the existing day care 23 <br />and the proposed expansion for the after school program. 24 <br /> 25 <br />City Planner Purdu explained the City’s Ordinance has one definition for day care that is 26 <br />fairly broad and staff evaluated the proposed use as part of the same day care use, which is 27 <br />allowed as a conditional use in this zoning district and which goes with the building and not 28 <br />just a specific tenant. 29 <br /> 30 <br />Commissioner Foster stated the applicant has indicated they are not a day care facility, that 31 <br />they are not licensed as a day care facility and that they are an after school tutoring program 32 <br />and asked if a CUP is needed if this is not a day care facility under the current ordinance. 33 <br /> 34 <br />City Manager Casey explained there is not a separate definition in the City Code and staff felt 35 <br />that the proposed use would most closely follow within the intent of that portion of the CUP. 36 <br />He stated that staff felt this was more appropriate than not issuing a CUP because the 37 <br />proposed use will be enforced by the existing CUP conditions, e.g., compliance with State and 38 <br />Federal laws. 39 <br /> 40 <br />Commissioner Foster stated he continued to be troubled by the fact that they have indicated 41 <br />they are not a day care facility and do not have to be licensed and did not agree with trying to 42 <br />shoehorn this use into the existing CUP when it is not a day care facility. 43 <br /> 44 <br />City Manager Casey stated that staff felt the proposed use was similar and without having 45 <br />specific definitions in the Code to delineate between a drop in center and day care center, staff 46 <br />3