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DRAFT be on a parallel path. Mr. Dolan replied that it would, although the applicant would not need anywhere near 6 months to address that issue. Chair Blank stated that it would be more like from four to six weeks. Commissioner Narum inquired, if the Commission grants the use permit saying a child can be there up to 16 hours for up to six months and there is no appeal, if in theory, Mr. Pfund could open once he has his business license and any fire or building inspection he needs, but it would not be required that the building satisfy the E occupancy before he gets the business permit under this direction. Ms. Decker said this is correct and added that Condition No. 10 would need to be modified to provide this. She stated that what staff has seen in the past when there is limitation in the number of hours creating the exemption, a condition is added that if there is modifications over and above 16 hours per week, a childcare license may be required and application needs to be made to the State. She noted that this is a standard condition on tutoring facilities and facilities with extended hours where the limitation of 16 hours is granted. She added that this would provide the opportunity for a six-month period based on exemptions seen and information from the State. Ms. Decker noted because that the period of time the State may or may not take to grant a childcare license is not in the control of the applicant or the City, she would like the Planning Commission to consider that if the Commission were to grant a temporary permit for asix-month period, it also craft similar language that the applicant would revisit the Planning Commission after six months and provide information on his operations and monitoring, such as attendance, hours children are there, how many students are in each class, etc., as it is possible that after six months, Mr. Pfund is still undergoing the process and does not have a license. Commissioner Fox questioned if the number of students for an E occupancy was six. Mr. Thomas replied that the commentary to the Code under E educational occupancy talks about pre-school age children age 2.5 to 5 year olds which are the concern, and Mr. Pfund does not teach pre-schoolers. He explained that going from an E business occupancy to an E with smaller numbers would have to do with pre-schoolers in the concept that they need further assistance with exiting from the space. He noted that if the numbers are maintained until it changes, it would be reviewed and plan checked as an E occupancy and would not be an issue until the applicant gets enough students. He noted that having a license provides the ability to extend the 16 hours. Commissioner Olson suggested that if this is set up on a temporary basis, a condition be crafted to say that it will be 16 hours or less until such time that Mr. Pfund obtains his childcare license, which would also trigger the E-occupancy. Chair Blank discussed the scenario of getting a business license and childcare license as well as the triggers for E-occupancy. He stated that he believes that in order to make this work, it should be kept as simple as possible. urtNr ~ t~~tKr i 5: PLANNING COMMISSION MINUTES, 11/12/2008 Page 19 of 25