Orange County — Board of Zoning Adjustment

SE-02-02-012 — Carolyn Austin

Request: Special Exception in R-1A zone (single family-7500 sq. ft. lots) to convert existing residence into a child day care center and Variance to place ground sign within required 10 ft. side and front yard setback.

Decision: Approved

Hearing: The applicant and staff discussed the concerns outlined in the staff report, prior to the public hearing. As a result, the applicant modified her site plan and the scope of her operation. The revisions resulted in a reduction in the number of children from 47 to 30 and a redesign of the parking lot that provides better vehicular parking and maneuverability. The applicant has a van and will be transporting many of the day time children herself, instead of parental drop-off/pick-up. Furthermore, her day care center intends to serve parents who work night-time and "grave yard" shifts, in which case, the pick-up/drop-off hours will occur at different times, and therefore should not cause parking or traffic safety problems. Mrs. Austin explained there is a dire need in the community to provide 24 hour care because there are not many centers catering to nurses and police officers, etc., who work at night. The BZA felt the proposed day care center was a needed service in the area. The west side of Rio Grande Avenue is maintained as a residential area. In order to protect the residential character, the BZA placed conditions on the outside appearance of the building and the signage restriction (which resulted in a denial of the ground sign Variance request). In order to protect neighboring residents from potential noise impact, the BZA imposed limits on the hours of operation on the weekend and with respect to outdoor activities. There was no opposition to this request at the public hearing.