Board approves special-exception permit for home daycare at 721 Maple Row

The Elkhart City Board of Zoning Appeals voted to approve a special-exception permit allowing a home daycare at 721 Maple Row.

The board approved petition 25XO7 on a roll-call vote after hearing a staff report and testimony from petitioner Alyssa Garcia. The permit authorizes a Class 1 home childcare under Section 5.3 (special exception uses) and limits enrollment to a maximum of 12 children; the approval is effective for two years and will be reviewed by staff by Sept. 7, 2027.

City planner Kyle Anthony Petter told the board the house at 721 Maple Row is about 904 square feet on a 0.15-acre lot and that the petitioner intends to apply for a Class 1 license with the Indiana Family and Social Services Administration, which permits up to 12 children. Petter said staff had not visited the site when the report was written but has since visited. The staff report cited the state requirement of 35 square feet of indoor space per child (420 square feet total if the 12-child maximum were reached) and concluded the house likely would not reach the maximum based on its square footage. The staff report recommended approval with 11 conditions.

Alyssa Garcia, the petitioner, told the board she would run the childcare in her existing one-level, two-bedroom home with a fenced yard and no exterior renovations. "There would not be any renovation or construction. It would just be inside my home," Garcia said. She described on-street pickup and drop-off on Maple Row, noting the house sits on a corner lot with ample frontage for drop-off.

The board adopted staff findings and conditions as its own. Conditions include: submission of any building-permit plans and permits if work is needed; restriction of children to the house and fenced area except for supervised walks; routine maintenance and cleanliness of facility and grounds; inspections by zoning administration with reasonable notice; no exterior signage or advertising; submission of the childcare license upon request; automatic nullification of the special exception if the daycare ceases operation for more than one year or the license is revoked; and a maximum of 12 children. Pickup and drop-off must occur from the street at the front of the property. The special exception will be reviewed by staff on 09/07/2027.

Board members voted in favor on the record: Mulvaney — yes; Lightman — yes; Newbill — yes; Evangelica — yes.

The board also noted that 30 notice letters were mailed with no responses recorded at the time of the staff report.

The decision allows Garcia to proceed with licensing steps required by the Indiana Family and Social Services Administration; she confirmed she will continue to live at the property while operating the daycare.