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Board continues hearing on home child-care expansion at 5357 Gay Street NE after Office of Planning requests more information
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Summary
The Board of Zoning Adjustment continued an application from a home child‑care provider seeking to expand from nine to 12 children after the Office of Planning said it lacked required square footage and site information; the applicant was directed to provide missing materials and the case was continued to the board’s July 2 decision meeting.
Molorka Kenya, a Ward 7 home child‑care provider, asked the Board of Zoning Adjustment on June 25 to expand her licensed home child‑care from nine to 12 children at 5357 Gay Street NE; the board continued the hearing after the Office of Planning said it had insufficient information to complete its report.
The Board of Zoning Adjustment’s chair, Fred Hill, opened the application (No. 21304) and allowed the applicant’s late supplemental materials into the record. Maxine Brown Roberts, representing the Office of Planning, told the board the office had received some, but not all, of the information it requested and could not finalize a recommendation: “We were not able to provide a full report because we had asked the applicant for some information… We got some of the information, but not all.”
Why it matters: the board must determine whether the proposed increase meets special‑exception criteria under Subtitle X §901.2 and Subtitle U §251.1(b)(3) for home occupations/home child‑care uses. The Office of Planning needs specific data — including total house square footage to determine the 25%‑of‑house occupancy threshold and per‑child usable square footage — before it can advise the board.
Board discussion focused on the missing measurements and licensing context. Hill and board members asked the applicant to re‑submit the requested materials to the Office of Planning; the applicant said she would re‑send the files. Brown Roberts explained the Office of Planning also needs clarification about outdoor play areas, which may require a waiver if the outdoor space is considered operation outside the principal dwelling.
Board members noted the application had ANC support on the record and that the matter could be straightforward once the Office of Planning completes its analysis. Chairman Hill directed staff to coordinate with the applicant and the Office of Planning and set a continuance. The board closed the public testimony portion and continued the case to the board’s July 2 decision meeting to allow the Office of Planning time to prepare a report.
Next steps: the applicant was instructed to provide the outstanding materials to the Office of Planning immediately; the board will accept the Office of Planning report and reconvene the case on July 2 for further action.
