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Planning commission approves conditional-use permit for in-home childcare at 603 S. Mississippi with fence and RV conditions

2866199 · April 3, 2025
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Summary

The commission approved a conditional-use permit allowing up to 12 children at an in-home child care at 603 South Mississippi Avenue, contingent on bringing fences into compliance and removal of an RV; approval was 6-0.

The Roswell Planning and Zoning Commission on April 1 approved a conditional-use permit to allow an in-home child care to operate for up to 12 children at 603 South Mississippi Avenue, with conditions requiring the property owner to bring the fencing into compliance with city code and to remove an RV from the site.

Planning staff (Meredith Hildreth) presented the application (case CUP-25-0006), saying the property currently operates as a minor home occupation for up to six children and that the applicant seeks a major home-occupation permit for up to 12 children. Hildreth said the city's zoning code (Article 62, Home Occupations) allows the conditional use permit and that the commission may add conditions of approval.

Commissioners asked about licensing, safety and site conditions. Commissioners and staff noted that state regulators (Children, Youth and Families Department, CYFD) conduct site inspections and determine caregiver-to-child ratios and other licensing requirements; Hildreth said the applicant will need a zoning verification letter from the city, which the city will not issue until the commission's conditions are met.

City Engineer Lewis Nahar and planning staff discussed site issues: the property lacks curb-and-gutter and formal sidewalk where parents drop children off, and a storage shed on an adjacent lot (owned by the same property owner) creates a nonconforming lot condition that may require consolidation if that structure is used for child care. Nahar said site improvements such as a short sidewalk at the drop-off point could be required in similar cases, but later in the discussion the city attorney and staff noted that the building code triggers sidewalk construction only when the work constitutes more than 50% of the building value.

The applicant, Regina Chavez, said she does not plan to use the storage shed for child care, that the shed is for storage only, and that she plans to remove the RV. She said she has exterior cameras, a fenced backyard play area with safety mulch, and a CPR certification herself. Chavez said her immediate priority is to avoid being out of compliance with the state's license limits for children; she also said she has had to turn away parents owing to capacity limits.

Commissioner Holman moved to approve CUP-25-0006 with conditions requiring the fence be brought into compliance with city code and removal of the RV; Commissioner Lessard seconded. The motion passed by roll call, 6-0.

Why it matters: the decision allows the provider to seek a state license at the requested capacity, subject to the city's conditions. The permit includes explicit zoning conditions that staff will verify before issuing the written zoning verification letter needed by the state.