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Elkhart BZA tables daycare petition at 1920 Benham after petitioner fails to appear
Summary
The board tabled consideration of a special-exception request to establish a day care center at 1920 Benham Avenue to the Aug. 14, 2025 meeting after the petitioner did not appear online.
The Elkhart City Board of Zoning Appeals on July 10 tabled a petition by Francisco Simes and Maria Torres to establish a new day care center at 1920 Benham Avenue to the Aug. 14, 2025 meeting after the petitioners did not appear online.
Planner Kyle Anthony Petter introduced the request as a special-exception use under section 5.3 and 4.3.g (day care center). After waiting for the petitioner and attempting to contact them, the board gave the petitioners an opportunity to appear later in the meeting; when they did not, staff recommended tabling the case to a date certain. A motion to table 25XO5 to Aug. 14, 2025 passed by voice vote (recorded as "Aye"). The board clerk and staff reminded the public that any decision of the board may be appealed in an appropriate court no later than 30 days after a decision and that petitioners should submit a written appearance if they intend to preserve appeal rights.
The board also noted it had a minimum quorum of three members and that, under that quorum, any substantive vote must be unanimous to be effective.
