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HomeMy WebLinkAboutTreasure Valley School of Karate CZCU-2022-0004 V1Planning Division `l E IDIAN - I DAN %—� Community Development Department Li H 0 33 E. Broadway Avenue, Suite 102 APPROVED Meridian, Idaho 83642 DATE: 05/02/22 FILE NUMBER czcu-zozz- CERTIFICATE OF ZONING COMPLIANCE CHANGE OF USE REPORT Project Number CZCU-2022-0004 Project Name Treasure Valley School of Karate Project Address 2210 N. Meridian Road Project Description Approval to change the use from a retail book store to a karate studio on 0.365 acres of land in the C-C zoning district. Applicant Vanesa Perkins, Owner Assigned Planner Stacy Hersh, Assistant City Planner Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete thatprocess before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. I. DECISION The applicant's request for Certificate of Zoning Compliance Change of Use is approved with the conditions listed below. NOTE: A Variance was granted to Michael and Cynthia Sciscoe in 1994. Based on the record, the City originally wanted to "individually zone" the property in question to allow for the residential use and the commercial uses, but that was not possible due to the City's setback requirements. The City also discussed the possibility of utilizing a Conditional Use Permit to facilitate a residence in a commercial district, but there is nothing in the record that indicates the City issued a CUP. Rather, the City Council approved a Variance "to allow the use of the home for a residence, even though located in the Community Business District". The City Council noted at the time that the "special condition which makes this Variance acceptable is that ... had the property been rezoned to allow each specific use and still have the setback requirements met it would have been preferable to do that; that had the setback requirements been able to be met if the property were zoned to meet the requirements of each use, the Applicants could have used the house for a residence; it is therefore not unreasonable to allow the Applicants to use the house for a residence even though the property is zoned C-C." The City Council did not object to the continued use of the residence, but the City could not zone that portion of the property as residential due to the setback requirements, so the City Council issued a Variance instead in order to accomplish the same thing. The Variance will terminate if there is a change of ownership of the property. Site Specific and Standard Conditions of Approval 1. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (Sciscoe, Mike & Cynthia 11 Page 1 E IDIAN - APPROVED DATE: 05/02/22 FILE NUMBER: czcu-zozzfo Variance/Rezone 1994). The residential use shall cease upon the change in ownership of the property, unless a future CUP is submitted to extend the non -conforming residential use in accord with UDC 11-111-4. The applicant and/or assigns shall have the continuing obligation to comply with the specific use standards for an indoor arts, entertainment or recreation facility as set forth in UDC 11-4- 3 as follows: A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title. B. Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code. C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit. 3. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11-2B-3A4. 4. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 5. No exterior modifications are approved with this application. 6. The Planning Division's approval does not exclude compliance with other City requirements. Please contact Building Services and the Meridian Fire Department for specific permit requirements. If you have any further questions regarding this matter, please don't hesitate to contact our office at (208) 884-5533. II. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before May 17, 2022, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003 2 1 P a g e