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Board OKs expansion of home daycare at Hamilton Avenue to 12 children; neighbors raised traffic concerns

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Summary

The BMZA approved a conditional-use appeal allowing a home-based daycare at Hamilton Avenue to increase from eight to 12 children, subject to existing onsite parking and the operator’s conditions. Neighbors expressed concerns about drop-off and pickup and the cumulative conversion of residences to nonresidential uses.

Baltimore’s zoning appeals board on July 1 approved a conditional-use appeal authorizing a home-based daycare at a Hamilton Avenue property to increase licensed capacity from eight to 12 children, after the applicant described on-site parking, a fenced outdoor play area and staggered drop-off and pick-up.

The applicant, who operates the program and lives in the house, told the board the facility is open 7 a.m. to 5 p.m., has a gated yard that meets state recreational-area rules and can park five vehicles on site for staff and parent pick-up. She said siblings accounted for most enrollments and that many families rely on public transit; those facts limited the number of cars on site at any one time. Planning staff confirmed the lot has enough space for required employee parking and recommended approval.

A nearby resident told the board she first learned the house had converted to a daycare when she saw signage and said she was concerned about existing parking and traffic issues on the alley and Hamilton Avenue. She cited other nearby conversions and said she would have appreciated earlier notice. The applicant said she had been open for three weeks and that arrival times are staggered, producing short load/unload intervals and little queuing.

Board members asked about hours, on-site security and the fenced yard; they were told the operator uses a security system and had submitted an on-site plan showing five parking spaces and a fenced play area. During deliberations members focused on whether approving the incremental increase to 12 children would create adverse impacts beyond those normally associated with a home day-care use in an R-3 zone. Several board members said the site’s size, the fenced yard and on-site parking made the proposal acceptable and consistent with the Schultz v. Pritz standard for conditional uses.

The board voted to approve the conditional use, with the usual requirement that a written resolution be drafted and posted. The resolution will include any specific operational conditions imposed by the board or planning staff. The applicant will continue required state licensing and must comply with the city’s land-use conditions and any state child-care regulations.

Ending: The board’s written resolution will state the final conditions and enforcement expectations; neighbors and the applicant were advised to maintain communication about drop-off operations to limit street-level impacts.