18 ATTACHMENT 05 - Laserfiche WebLink

DRAFT because a waiver stated that a business was not a certain type of business, it did not follow that the business was not that type of business. In response to an inquiry by Commissioner Fox regarding the City Attorney's opinion of the nature of the applicant's use, Mr. Roush believed it fell under the definition of a child-care facility under the State regulations. He believed that it provided care and supervision and met the other definitions. Tim Nibert spoke in support of this project. He noted that he was a black belt in the Tri-Valley Martial Arts academy and added that he instructed the children's program. He discussed the positive effects on the children and the community. He noted that he was currently 17 years old and started taking the program when he was eight years old. He added that his younger sister had just started the program. He noted that jujitsu had been a very positive influence in his life and added that the studio installed many positive values in the children. He disagreed with the assessment that the studio provided care for the children and added that the parents saw the academy as an activity for the children that would prevent some of the negative aspects of day care. He noted that they brought the children from school as a convenience for the parents and taught the children martial arts until the parents picked them up. He noted that the games were martial arts-related games. Jeff Nibert spoke in support of this project. He noted that his son and daughter were involved in the Tri-Valley Martial Arts program and noted that Mr. Pfund was a very positive influence in his children's lives. He noted that his son's 9%2-year involvement with martial arts was the longest he had remained involved with any one activity, and he considered it to be a considerable accomplishment. He noted that the benefits of the program included it being a wholesome and fun activity, later instilling self-confidence. He noted that it was also aself-esteem- and character-building activity. With respect to the findings required to approve the conditional use permit, he noted that the staff report stated that none of the items had been found to be true. He noted that the staff report stated that the parking issue could be resolved if the academy reduced the maximum number of adult students to six. He noted that the adult programs were held two evenings per week, from 7:00 p.m. to 9:00 p.m. and that five parking spaces were allocated. The staff report stated that six spaces must be allocated if there were 10 students. He noted that there was plentiful street parking at that time and that he had never had any problems parking on-site during the evening. He disagreed with the notion of not making a finding for lack of one parking space. He noted that he did not tell his children that they were free to come and go; he instructed them not to go anywhere until he picked them up. He noted that he had never had any problems with his children leaving the applicant's facility or any other facility; he believed that was common sense. Mr. Nibert noted that Section 2 stated that "the Tri-Valley Martial Arts was located in the middle of an industrial park and not a residential area and that motorists within the business park would not expect to encounter young people, which could lead to an injury. He noted that Quarry Lane School was located across the street and that a music academy was located in the same building; another athletic academy was located down the street. He noted that he expected to see young people in that area. He believed the statement in the first finding contradicted the statement in the second finding, which read, "The proposed martial arts school would provide instruction DRAFT EXCERPTS: PLANNING COMMISSION MINUTES, 2-13-2008 Page 7 of 15