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Council hears presentation on special-use permit for home daycare at 254 Cleveland Street; BZA recommended approval

5442429 · February 25, 2025
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Summary

The Board of Zoning Appeals unanimously recommended a special-use permit for a home daycare at 254 Cleveland Street; the petitioner told council she plans to serve five to six children aged about 6 months to 10 years and must annually verify residency to keep a business license.

The Gary City Council heard a presentation on a special-use permit petition to operate a home daycare at 254 Cleveland Street, submitted by petitioner Linda Averett. Attorney Molina told the council the Board of Zoning Appeals unanimously recommended the permit on Jan. 9 after reviewing the seven required factors.

Why it matters: The proposal would allow residential property in an R3 district to host a small daycare under a special-use permit; council members reviewed compliance with parking and ingress/egress, neighborhood impacts and the condition that the petitioner must continue to reside at the property to retain a business license.

Attorney Molina summarized the BZA findings, saying the board found the proposed daycare would not endanger public health, would not injure enjoyment of nearby properties, would not impede orderly development, that adequate utilities exist, and that access and parking concerns were addressed as short-term drop-off/pick-up rather than long-term parking needs. Molina also said the BZA required that the petitioner live in the house as a condition of the permit and that the petitioner must provide residence proof annually to obtain the business license.

The petitioner, identified in the record as Linda Averett, told the council this would be a new licensed business and said, "This is new. I'm looking at maybe 5 or 6" children. When asked about ages she said, "Right now I'm looking at, is I believe the youngest 1 is 6 months and the oldest 1 is 10." Council members asked about prior experience and training; Averett said she has cared for children informally and that "The only license I have is a barber license that I have, for a barber's shop that I have on Fifth Avenue that my son runs." Council members asked about additional training and licensing requirements; no additional certifications were reported in the transcript.

No final council vote on the special-use permit appears in the meeting excerpt; Molina presented the petition and answered council questions. The council will consider the item following required procedures and any public hearing in accordance with local code.

Next steps: The council will process the BZA recommendation through its usual agenda procedures; the petitioner will be required to demonstrate ongoing residency annually to obtain a business license if the special use is approved and the daycare opens.