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Commissioner Olson referred to his previous question regarding the definition of "school <br />age" and although Grades K through 12 at the upper ages may not require care and <br />supervision, Grades K through something does. He suggested that the way to solve the <br />problem would be to get a license. Commissioner Olson indicated he would support the <br />motion. <br />Commissioner Narum noted that she could not make Finding No. 2 and could make <br />Finding No. 1 with respect to the parking. She was uncomfortable with the motion on the <br />floor and understood that the denial was based on the inability to make any of the <br />findings. <br />Commissioner Fox noted that she supported the motion with respect to parking because <br />of the classification of the facility in Dublin according to the materials in the staff report. <br />She noted that it had been classified as a community facility use in Dublin as well as an <br />indoor recreational facility use. She noted that as an indoor recreational center, the <br />parking ordinance states that one parking space would be required for every 50 square <br />feet inside the building, which would require 67 parking spaces; that was further reduced <br />to 45 parking spaces. She would prefer to support staff s findings and then discover the <br />true classification. She noted that it may be classified as a child-care center during the <br />day and an recreational facility at night and during the summer or some combination. <br />Chair Blank noted that he was very familiar with the neighborhood because his son <br />attended Quarry Lane School. He did not believe there was a parking issue at all. He <br />believed that with respect to the "free to come and go" issue, the children could not be <br />physically restrained. As a parent, he typically felt comfortable leaving his child at an <br />instructional facility once he had checked the site. He believed that too much had been <br />made of that issue and noted that even on closed-campus high schools, the students were <br />free to come and go, regardless of consequences. He believed the Planning Commission <br />could vote to deny or could vote to approve with conditions that would make the <br />conditional use permit satisfactory to the Commission, such as licensing or other <br />procedures. He noted that the Commission had heard a considerable amount of <br />compassionate and heartfelt testimony and had no doubt that Mr. Pfund ran an excellent <br />program. He indicated he agreed with Commissioner Olson regarding requiring <br />licensing. He suggested that whether the applicant believed his facility was a daycare or <br />not, it may be best to obtain a daycare license or to comply with the requirements of a <br />daycare facility. He believed that would remove any question with respect to staff's <br />expectations. He noted that if the Commission denied this application, the applicant <br />would have to start at square one. <br />Mr. Roush noted that may be construed as imposing a business plan on the applicant that <br />he may not want to pursue. <br />Chair Blank understood the concern and added that it would be the applicant's choice <br />whether or not to comply with the conditions to obtain the conditional use permit. <br />PLANNING COMMISSION MINUTES, February 13, 2008 Page 34 of 42 <br />