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Red Tape Remedy for Day Care Center In Sight
(posted Jan 13)
A 2004 office use variance with a commitment to prohibit day care use at
207 S. Girl School Road is giving Dione Miller a big headache. However,
the Metropolitan Development Commission Hearing Examiner's favorable recommendation
is the start of ending the confusion and the possibility of her finding
a new location to operate her day care business.
Petitioner's Attorney Adam Davis indicated that his client, Miller, falls
within a hardship case because she entered into a lease without the landlord
informing her that a commitment existed that prevent the residential dwelling
from being used as a day care facility. The current zoning is D-5 with
a variance received in 2004 for office use. Davis told the hearing examiner
the 2004 variance was never filed for whatever reason until this action
started against his client. Davis thinks the commitment to stop day
care use may have originated from a neighborhood association or a remonstrator.
He said his client was cited with zoning violations due to signage and operating a day care.
DMD Senior Planner David Hittle said staff recommends denial of the variance
because it's the start of a southward creep of commercial use
into the residential area. Staff is concerned with the concentration of
residential homes located on the streets of Walton, Jackson and Daleguard.
The 207 S. Girls School Road location is currently surrounded by unimproved
land. The Wayne Township Library is located west of the property while
commercial development occupies the southeast and southwest corners of
Rockville Road.
The hearing examiner recommended Miller extend fencing to wrap around the
entire facility to protect the children when they are outside from 11 am
to 1 pm. Only five children are permitted to be outdoors and no more than
12 children will be enrolled in the center. The children will be under
the age of five.
The petition is forwarded to the Metropolitan Development Commission for
a Feb 6 hearing. No one opposed the petition at the January 10 hearing.
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