Orange County — Board of Zoning Adjustment

SE-01-01-004 — Demetrius Metellus

Request: Special Exception in a R-1A zone to convert residence to child day care center (29 children proposed) and Variances as follows: 1) Eliminate 10 feet buffer requirement between day care center and adjoining residental districts (all bounderies); 2) Provide less than the minimum of six (6) parking spaces required; 3) Allow ground sign four (4) feet from front of property line in lieu of ten (10) feet.

Decision: Denied

Hearing: The staff report and recommendation is located on Pages82 through 84. Staff recommended denial of the request in that the property is located internal to a neighborhood, and it is too small to meet code requirements that provide protection to neighboring residents. Staff noted the code does allow for small home operations for child care service; it allows for the care of five preschool-aged children and five additional when siblings of the preschoolers. The applicant stated he owns the property but resides elsewhere. The use of the property is strictly for a commercial venture. Five (5) commentaries were recieived in favor, and nine (9) received in opposition. Two area property owners addressed the BZA in opposition. They were opposed to having a business in the middle of the neighborhood, and were particulary concerned with the noise and traffic congestion that would result. A speaker noted this is a narrow street; the traffic generated would pose a safety problem for the children who walk to school and play around. There are no sidewalks in the neighborhood. The BZA denied the request, agreeing with the concerns stated by staff and neighborhood opposition.