Cond. Use Permit-Day CarePLANNING COMMISSION
REPORT NO: CUP87 -5
Planning Commission Report
CONDITIONAL USE PERMIT - DAY CARE
103 Blake Road North, Apt #110
MARCH 23, 1987
PURPOSE: This report is to review and recommend action on a
Conditional Use Permit to allow day care.
BACKGROUND:
Name of Applicant: Bertha Dyer
Address of Property: 103 North Blake Road
Present Zoning: R -3
Reason for Request: To allow day care in a
multiple residential district.
Nature of Request: Statute allows the City to
require a Conditional Use Permit in multiple
family residential districts.
The applicant needs a Conditional Use Permit to continue to
have day care in her residence. The State Statute states:
"unless otherwise provided in any town, municipal
or county zoning regulation, a licensed
residential facility serving from seven through
sixteen persons or a licensed day care facility
serving from 13 through 16 persons shall be
considered a permitted multifamily residential use
of property for purposes of zoning. A township,
municipal or county zoning authority may require a
conditional use or special use permit in order to
assure proper maintenance and operation of a
facility provided that no conditions shall be
imposed on the facility which are more restrictive
than those imposed on other conditional uses or
special uses of residential property in the same
zones, unless such additional conditions are
necessary to protect the health and safety of the
residents of the facility".
We are in the process of changing our ordinance to comply
with the State Statute.
The applicant has contacted the resident manager. The
manager has given approval of the day care.
The applicant has been a day care provider in her residence
for seven years.
No. CUP87 -5
The applicant lives at Westside Village, which is an
apartment complex. The complex does have an interior
courtyard which can be used by the children to play.
ANALYSIS: In this situation there is not a lot of choices on
what to do. The State Statute states that a day care is a
permitted use within a multiple family residential use. The
Commission does have the option of putting conditions on the
permit. The applicant has had licensed day care in her home
for seven years and there appears to have been no problems
to date. If the commission feels it would need additional
information, there is always the option of continuing the
item, but in this case I do not feel this is necessary.
ALTERNATAIVES:
1. Approve the Conditional Use Permit
2. Continue for additional information from the staff
or applicant
RECOMMENDATION: I recommend approval of the Conditional Use
Permit. The following are Findings of Fact and Conditions
should the Commission recommend approval:
Conditions:
1. The residence is inspected by the City Inspectors.
2. The applicant is licensed for day care.
Respectfully submitted,
1. A licensed day care is a permitted use in a
multifamily residential zone.
2. The applicant has sufficient protected play area
for the children.
AA
Nancy 4.. Anderson
Community Development
Analyst
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