Gary committee reviews special-use petition for home daycare at 4954 Massachusetts; BZA had unanimously approved

The Gary Common Council Planning and Development Committee on an agenda item identified as CPO-2025-04 heard a petition from Kenya Shelton to permit a home daycare at 4954 Massachusetts Street. Attorney Molina told the committee the Board of Zoning Appeals held a public hearing Dec. 12 and “voted unanimously to approve” the special-use permit and that “there were no remonstrators.”

The BZA based its favorable recommendation on the seven statutory factors required for residential special-use permits, Attorney Molina said, including that the petitioner must reside in the dwelling. “One of the conditions that the BZA placed on it: Miss Shelton would have to reside in the property,” Molina said. He also noted that annual proof of residency will be required as part of the general business license process.

Petitioner Kenya Shelton confirmed she has lived at the address “just a year” and told the committee the property is “literally right behind my business.” Shelton identified her business as Destiny Dreamers Academy at 4955 Broadway. Committee Chairman Darren Washington reminded Shelton that legislation approved by the planning committee must be present at the full council meeting for final consideration; he said the item will appear before the full council at its next meeting.

Committee members asked only clarifying questions about residency and licensing requirements; no committee vote was taken on the ordinance at the planning committee meeting. The BZA condition requiring residency and the city licensing requirement were described as the mechanisms the city will use to ensure the home remains owner-occupied if the permit is granted.

Because the planning committee did not take a final vote, the ordinance will be scheduled for a full vote by the Gary Common Council at the next council meeting on March 4, the chair said.

Details from the committee record: the BZA hearing produced a unanimous favorable recommendation; the committee record listed no remonstrators; the committee’s discussion focused on the seven review factors for residential special uses, annual business licensing, and proof of continued residency as a condition of the permit.