Business License Not Child's Play
By 250 News
Monday, August 28, 2006 07:53 PM
The Lil’ Kids Paradise Play Centre will be able to get a business license afterall.
City Staff had rejected issuing a business license saying there were concerns about traffic, lighting, noise and disturbance to the neighbourhood. Those complaints were back in 2002, and were in relation to a car dealership but there haven't been any new complaints since then. The key objection is the zoning issue. The City Staff say the use is not permitted under C-5A Highway Commercial Zoning and allowing it would open up the doors for commercial recreation throughout the City.
But Lil’ Kids operators say the centre is really no different than a dance studio which is allowed under the zoning.
The operators say children come with their parents, are engaged in an hour of indoor play then leave with their parents. There would be no “outdoor” noise as all play programs take place indoors. All the equipment is indoor equipment and would not be stored outside. The location is key to the success of the new business say the owners. The Hollandia Drive location is close enough to Foothills and Ospika, as well as being visible from Highway 16.
With a maximum of 10 children per "class", it is expected the parents (either one or both) would be taking part in the "play class".
On the City's side, Manager of Planning Dan Milburn explained the application was denied based on the fact the activities would be "commercial recreation" which is not part of the zoning for that property. He also advised Council he believes the applicant may have misinterpreted the zoning for that building. Parking is also an issue, although the owner of the property is prepared to reconfigure the parking to increase the number of spots from 9 to the needed 13.
City staff also indicated the building’s C-5A Highway Commercial zoning was not applicable to what would be “commercial recreational use”.
So if a Dance studio is allowed under the current zoning, Councilors wanted to know how that would be o.k., but this kids play centre would not be allowed, afterall, they noted, in a dance studio, children pay a fee for a physical activity which, depending on how it may be be viewed, may or may not be "commercial recreation."
Options:
- apply for a rezoning, but that would take 3 to 4 months and would have to be made by the property owner on behalf of the business license applicant. The owner says he needs to get his business up and running as soon as possible.
- Possibly have a temporary permit issued, but that too would take 4-6 weeks and would include a public hearing.
What may have swayed Council to approve the license is that zoning by-laws are being revised and there may be an opportunity at that time to "tighten" up the zoning definitions for future applications.
Previous Story - Next Story
Email
Print
Facebook
Twitter
Digg
Del.icio.usReturn to Home
Posted by: YamaDooPolCat on August 28 2006 10:16 PM
It is rather obvious to any reasonable individual that the particular business activity is very much similar to that of a dance studio. I think every single councillor understood that. For some reason or another staff did not. As the council voted, this should have been the decision by staff as well.
There are many reasons why the City should not allow any development at any place. We should be open for business within reason. This is one of those cases where it has been shown that we are not open for business just because of an unreasonalbe decision which has caused delay and frustration along the way, I am sure.