Davis County Commissioners deny Heather Brown's home daycare application amid HOA concerns

The Davis County Commission held a work session on October 29, 2024, to discuss an appeal regarding a conditional use permit for a daycare center proposed by Heather Brown in unincorporated Mutton Hollow. The meeting began with introductions from attendees, including county officials and community members.

The primary focus of the session was the review of the Planning Commission's previous decision to deny the daycare application. The commission clarified that their role was not to re-evaluate the entire case but to determine if there was an abuse of discretion or an error in the application of the county code.

During the discussion, it was noted that daycare centers are considered conditional uses in the Agriculture Estate Zone, provided that any detrimental effects can be mitigated. However, concerns were raised regarding the neighborhood's covenants, conditions, and restrictions (CC&Rs), which prohibit business activities in residential areas. The commission emphasized that while they cannot enforce CC&Rs, they must consider them as part of the decision-making process.

Public comments from the earlier Planning Commission meeting highlighted significant opposition to the daycare, citing worries about increased traffic, safety concerns regarding children and pets, and potential impacts on property values. One commissioner expressed the need for further investigation into the CC&Rs and suggested that the commission should not reconvene until all necessary inspections and approvals were completed.

Ultimately, a motion was made to deny the conditional use application based on the existing neighborhood conditions and the implications of the CC&Rs. The commission's decision reflects ongoing tensions between community regulations and individual business interests, underscoring the complexities of local governance in land use matters. The next steps will involve further review and potential re-notification of the community regarding any future meetings on this issue.