Elkhart BZA approves special exception for day care at 1920 Benham Avenue with conditions

The Elkhart City Board of Zoning Appeals on Aug. 14 approved a special-exception request to allow a day care center at 1920 Benham Avenue, adopting staff findings and a set of conditions intended to address safety, licensing and neighborhood impacts.

Planner Kyle Anthony Petter presented the petition, saying the applicants, Francisco Simes and Maria Torres, plan to apply for a Class 2 license from the Indiana Family and Social Service Administration that would allow up to 16 children. Petitioner remarks to the board emphasized years in business and compliance with state requirements.

The staff report said the 920-square-foot house, on a 0.15-acre lot built in 1950, meets state space minimums for a Class 2 license (560 square feet) and that pickup and drop-off would be handled from the alley on the east side of the property. Staff noted they had not completed an on-site inspection before the hearing but planned to do so before the final permit. The report also said the petitioner intends to enroll in the Child and Adult Care Food Program (CACFP) and is a member of the National Association for Family Child Care (NAFCC).

The board adopted staff findings and conditions, including: submission of building renovation plans to the building department within 14 days of approval and permits for work within 45 days; limiting children to the building and a fenced play area except for supervised walks; keeping facility and grounds clean; subjecting the facility to reasonable inspections by zoning administration; no exterior signs; submission of the child care license to the Department of Planning and Zoning upon receipt; nullification of the special exception if the day care ceases operation for more than a year or the license is revoked; enforcement language for violations; a maximum of 16 children; pickup and drop-off limited to the alley at the rear of the property; and the special exception lasting two years with a staff review by 07/10/2027.

Staff said 25 letters were mailed and one respondent returned an in‑favor response with no comments. The motion to approve carried on roll call with affirmative votes from the five members present.

Board members and staff emphasized compliance with state licensing and local permits before the facility begins operations.