Board of Zoning Appeals - Regular Meeting

Please remember to keep comments respectful. Okay, we'll go ahead and open the regular meeting for June 11, 2025. Go ahead and get this meeting to order. Grace, can we have roll call, please? Mike Nichols, Scott Highlander here. Charles Bates here. Isaac Chavez President. Taking a look at last month's minutes, we will open the motion to the board for approval of minutes from May 14th. I'll make the motion we approve the minutes for May as read as written. Okay, we got a first. First, wait, I just noticed that Scott was here, actually. So, let's motion to table minutes. Okay, I'll make a motion with table minutes. All right, second. You were here. Yeah, I was, but you and I can vote on it. To pass the minutes, don't we need a majority vote? Correct, Don. Don, majority has to vote in favor. That would be right. Don, what be right? Can Isaac Isaac, can I vote and make it official or do we have to table? No, you don't have three votes. Yeah. Okay. You have to have three votes. All right. First and a second. Roll call, please. Scott Highlander. Here. Yeah. Oh, sorry. That's fine. What did I do? I was looking for like a eye. I Oh, okay. Scott Highlander. Hi. Sim Payne. Hi. Isaac Chavez. Hi. Table. We tabled the minutes is what we have. Okay. Wasn't

here last time. Okay. All right. Moving forward. Double checking with the board here that we have no conflict of interest with what's being presented in front of us today or any petitions being heard. Okay. Hearing none. Moving forward. We'll make double checking here that no one's had any contact with anyone that is going to be presenting to us today. Hearing none, we'll move forward. So, we'll go ahead and take a look at public hearing docket 2025-008 and docket 2025-009. petitioner is Jennifer Puit with Jen's Friends Daycare Incorporation requesting a special exception to allow two inhome daycarees on a B residential district under a child care class 2. Mr. Donto, can we have the staff report, please? Yes, you may. I'm I'm I'm contemplating here. Um when we put the staff report together, uh we felt like it was a class 2 daycare center. Um, a definition of a class 2 daycare center is a center which may be within the operator's own residence or within a separate structure which provides care to up to 10 children excluding the operator's relatives for more than 4 hours but a day uh for 4 hours a day but less than 24 hours continuous. The definition also includes the care of up to five additional children other than the operator's relatives, 15 total, who are not at the center for more than four hours a day. Well, that's not the case. Um, we have a daycare center that has 12 children there from 8 to 5, I think it is, or 8

to 4. Um, and so it isn't classified as a class one, and it isn't classified as a class two, but it is classified as a class three. A daycare center or child care center, class 3, is a daycare center, which provides care for more children than permitted at class ones and class two centers. So, we're good there. But where we fall apart in this process is that if you get back to the land use tables and this is my fault because I thought it was a class two structure. If you get back to the land use tables and give me an example. I'm trying to get there. I should have marked it. Um, a class 3 daycare center is not permitted in a B residential district. Uh, daycare or child care centers class three. At the time this ordinance was originally prepared, the state and or federal law limited local zoning from regulating this land use. However, this ordinance was written recognize these limitations. So, compliance must be specified at this table. So, a class three um is not permitted in a agricultural A or B residential. It is in C by special exceptions. it is in a central business roadside or general business. It is in general business is permitted in a general business

district. So, um we may be here for really absolutely no reason because it being classified as a class 3 structure that's not allowed in a B residential district. Um, the only way that this can possibly go through, they'd have to go before the plan commission, get it reszoned to C residential, then they'd have to come back here for a a hearing as a special exception as it's permitted as by special exception of C residential. So, um, I'm going to apologize that I didn't get all my work done for you. So, you really can't make a decision on this because it's not allowed to be in this district. Okay. Well, we need to recommend this to the city plan commission. You You do not. Okay. What we'll do is we'll go back to the owners and tell them that we need to get them before the plan commission for a special exception or for a a reszone from B residential to C residential. Once they do that, then they'd come back here for their uh permission. The the daycare center is in place. It's it's going right now. Um, and the reason for that is we had no idea they were even down there. And uh, we never put a stop to them because we thought it was a class two and we could come through special exception, get it, if it got passed, then everything would be fine. But um once we started going through and I and I tried I did everything but look at the

land use tables when I realized that it wasn't a class two because of and the only thing that keeps it not a class two is that five children can out of the 12 um can only be there four hours a day. And that's not the case. at least if we don't know that because the owners aren't here to to tell us whether there are four people that or five children that stay there only four hours a day. So, um I would just say that we'll not to we're not going to make any decision based on the fact that it's not permitted in a B residential district. Okay. Thank you, Mr. Nodstock. Okay, we will Do we have to make a motion to that, D? Um, I do not think so because it's just not permitted. So, I I don't see how I mean it's you can't make a decision based on something that's not allowed to go in. Do we need to make a mo have a motion on what you just said about about We don't need to recommend this. We don't need to recommend it. Okay. No, because it's not allowed. I you you can't you can't make a decision based on something that's not allowed to go into the district. Yeah. Uh well, one before you go, next month is is all fence meetings. We have potentially three people coming in with fence requests. Um when you get into properties that are on the corner lots, both sides are considered front yards. And that means that on the side, which would normally be a side of a house, um, it's now the front of the house. And the the UDO says you have to be at least 25 ft from the ride or from the rideway. And

so if it if you wouldn't consider the the corner lot aside, then we wouldn't be coming to you before that. But it is and they want to put it 9 ft off and so it's within 25 or 6T fence. So they got to come and get a variance for that. So um we have two of them with that and then we have I think an 8ft fence that potentially could be coming in and I thought it all went off the rear of the house. Well, it it would do that except for on a corner lot. Both sides are considered front yards. Okay. So, on a corner lot. All right. I got you. I see. Now, because if a house gets tore down, it could face the other side of the street, too. And what is the street address now? It's a It's a Boone Street address. Is that right, Grace? It's coming. The house the house number is boom. Mhm. So the other side shouldn't be affected. Yeah. It's solvent. It It's still considered a front yard though. I would I would have to disagree with that. If your street address is Boone Street, no matter if South Street comes up along the side of the that or not, you're still paying taxes on a Boone Street address. Not paying for South Street address. might have a point there. We'll we'll talk to the attorney. But right now, we've been bringing folks in who live on a corner to get their 25 foot guard. That wouldn't be right because you're you're actually paying taxes on a big street address. Now, if you're saying their front also faces South Street, then you're going to turn around and have to pay taxes on South Street address. They don't have two addresses. it in the UDO it states that corner lots both sides are considered front yards and so that's what we go by. I

understand. But I I'll talk to I'll talk to Alicia to make to verify that. Once again, I apologize for having you come in. We'll get her all taken care of. I'm sure the owner is not going to be very happy when I make the call, but Sorry we rushed you in there. That's the way it goes. Scotty, thanks for thanks for your efforts. All right, take a motion to adjurnn. I'll make the motion we adjourn. I'll second. All in favor say I. I. Make fun.