Baltimore County Board of Appeals denies use permit for group childcare at 2821 Willow Avenue

The Baltimore County Board of Appeals on May 14 denied an application by Megan Lee Britton, operating as M and M’s Childcare LLC, for a use permit to operate a group childcare center class A at 2821 Willow Avenue, affirming an Administrative Law Judge’s September 30, 2024, opinion and order that had denied the permit.

The denial came after the three-member panel found the property does not meet Baltimore County zoning bulk standards—including required setbacks and fence-location rules—and expressed a majority concern that traffic and pick-up/drop-off on a narrow street without sidewalks presented a child-safety risk. The board also concluded it could not rely on a recently enacted Maryland land-use provision because that statute will not take effect until October and therefore is not yet law.

The board’s decision followed review of written memoranda from the petitioner and counsel, written materials submitted by protestant Keona Taylor and multiple letters of community support for Britton. Board members discussed standing, the applicability of the Residential Transition Area (RTA) rules, whether equal protection claims were supported by the record, and the Department’s application of the county’s group-childcare rules.

Board members affirmed Taylor’s standing as an occupant of an adjoining property to bring the protest and agreed the county’s July 24, 2024, issuance of a use permit raised procedural questions but did not cure the underlying zoning deficiencies identified by the Administrative Law Judge. The panel said a permit issued in error is not a valid permit even if operations had begun.

On substantive standards, the board majority concluded that the property failed to meet the county’s bulk standards for group childcare centers in the applicable residential zone—including minimum lot and setback requirements and required fencing for outdoor play areas (the code calls for a solid wood stockade or panel fence five feet high and not closer than 20 feet to an abutting residence). Members noted that certain portions of the zoning code distinguish group childcare centers from group childcare center class A (the latter is permitted as an accessory use to a single-family dwelling), and that some principal-use bulk standards (for example, minimum lot size thresholds in certain zoning districts) were not met.

Traffic safety figured prominently in deliberations. A board member summarized the concern: “I think traffic safety is a big issue,” citing narrow streets, lack of sidewalks, on-street parking that can interfere with school-bus turns, and the absence of a dedicated drop-off area. While one member said the record contained evidence suggesting a legitimate traffic issue, that member also said the evidence presented at the hearing was not sufficient to sustain an independent factual finding on traffic safety. Nevertheless, the majority concluded the traffic and circulation conditions supported denial on the present record.

The panel also considered, and rejected for this proceeding, the applicability of Maryland Annotated Code, Land Use Article section 4-216 because it will not take effect until October. The members agreed they could not apply a statute that was not yet law.

Board members repeatedly acknowledged letters and testimony praising Britton’s child-care services and the community need for child care. One member said the decision “in no way reflects on Miss Britton’s operation and the childcare that she provides,” and emphasized the board’s duty to apply current county zoning standards.

The board concluded by announcing it would deny the application based on the property’s inability to satisfy the bulk regulations and the majority’s traffic-safety concerns; the panel said it would issue a written order and circulate it to the parties promptly.

The denial affirms the Administrative Law Judge’s prior decision; the parties were informed a written order would follow with administrative details and any further procedural guidance.