Board of Adjustment Minutes for October 2012 meeting

October 17, 2012, 6:30 PM

Roll Call: The meeting was called to order by Chairperson Werner-Smith at 6:35 p.m. Board of Adjustment Members Present: Werner-Smith, Grell; Sayre. Absent: Chipman
Others present: Dean Wheatley; Ericka Harper, Ottis Bunning, Laurie Benner.
Public comment on items not on the agenda: None.

1. Case #1. CONDITIONAL USE GROUP DAYCARE HOME: Request of Laurie Benner to approve a conditional use for a Group Daycare Home for an existing property zoned RS-8
and located at 65 Augusta Court.
(Legal: Lot 8, Quail Creek 5th Addition)
Staff review and Planning Commission Recommendations: Wheatley presented the application, including one email received from a concerned neighbor objecting to the conditional use. City
Staff and the Planning Commission recommended approval to the Board of Adjustment with the Zoning Ordinance provisions and Planning Commission recommendation that the owner
sign off on an acknowledgment of all conditions for operation.
Applicants Presentation: Laurie Benner and Ottis Bunning, a customer, discussed operation of the daycare service with the Board.
Public Hearing: The Public Hearing was opened, there were no comments from the public, and the hearing was closed.
Board Action: The Board discussed the request at length with the applicant, including traffic, parking, residency qualifiers, numbers of children, and other issues. Grell moved to approve the
conditional use subject to all provisions and the Planning Commission recommendation, plus the following condition: That the daycare provider informs customers that they are to avoid using neighbors’ driveways to turn around.
Sayre seconded the motion, and after discussion, the vote was: Ayes: Grell, Werner-Smith, Sayre. Nays: none. Absent: Chipman. Motion carried.

Minutes: Sayre moved, seconded by Grell, to approve the minutes of September 2012. The vote was: Ayes: Grell, Werner-Smith, Sayre. Nays: none. Absent: Chipman. Motion carried.

Old Business: Staff reported that the court date set for a group day care recently approved that has been in violation of the conditional use terms has been continued to the first week in
November. Board members had directed staff to place review of that conditional use permit on a future agenda for consideration. The City Attorney is working with the owner in an attempt to
bring the operation into compliance without the need for court action, and staff will keep the Board informed on progress.

New Business: None.
Adjournment: The Chair declared the meeting adjourned at 7:34 PM.