Zoning Board of Appeals grants United Way variance to use off-site play area for downtown daycare

On Aug. 12, 2025, the Bay City Zoning Board of Appeals voted 5-0 to grant a nonuse variance to United Way of Bay County that allows a proposed childcare center at 909 Washington Avenue to use an off-site outdoor recreation area rather than an outdoor play area contiguous to the building.

The variance responds to a request from United Way of Bay County to waive the city requirement in section 122-477(b) that a childcare facility provide a contiguous outdoor recreation area. Nicole Luszak, president and CEO of United Way of Bay County, said the organization is seeking to fill a local childcare gap after a long-term tenant vacated the building. "We recently had a tenant who's been there for nearly 20 years vacate…leaving the entire first-floor space open and available for use," Luszak said. She told the board the center would target infant and toddler care and estimated the facility could serve about "40 to 50 children." Luszak said the center would partner with Bay-Arenac ISD and Delta College to provide practicum opportunities for early childhood students while retaining paid staff.

The board heard that Bay City lacks roughly 400 licensed childcare slots for children ages 0–5, a shortfall Luszak cited as part of United Way's rationale. A resident, Eric Kober, said his family is on a wait list for childcare and supported the application during public comment.

City staff and a mailed letter from Gretchen Wagner, director of Early Childhood Education at Bay-Arenac ISD, were entered into the record in support of the variance; the letter urged flexibility because Michigan Department of Licensing and Regulatory Affairs (LARA) regulations allow licensed centers to use a park or other off-site outdoor play space if the facility lacks an adjacent play area. Staff noted Winona Park as the closest existing playground the applicant identified and said United Way would coordinate with city officials to ensure compliance with licensing and local safety requirements.

Board members acknowledged competing concerns. Some members said the local zoning ordinance is more stringent than state licensing and that the city is reviewing its zoning code; staff confirmed the zoning ordinance review is underway and that the city is considering aligning local requirements with state standards for childcare licensure. Other board members voiced safety concerns about sending infants and toddlers across downtown streets to a park; those members said they would rely on the state licensing inspections and any conditions the board could attach to a variance to address walking routes and safety.

After the board found the application met the five required variance standards, members approved the variance by roll call: Larry Elliott — yes; Chris Greenleaf — yes; Jan Reis — yes; Charles Cogdon — yes; Douglas Reis — yes. The board also approved a separate motion to make the variance effective immediately to allow the applicant to proceed with permits and licensing.

The board record shows the variance grants relief from the city zoning requirement that an outdoor recreation area be contiguous to and directly accessible from the childcare building (section 122-477(b)). The applicant said it plans to work with city staff and LARA to ensure a safe walking route and to meet state licensing requirements if it uses Winona Park or another off-site play area.

The board did not attach additional conditions in its motion beyond standard permitting and licensing processes; staff said the building official and LARA would have roles in reviewing equipment, routes and safety if the applicant proceeds.

United Way intends the facility to provide affordable childcare targeted to working families who do not qualify for state assistance but do not earn a living wage. Luszak said the center would offer a benefit for local employers and an experiential site for early childhood students from Delta College and Bay-Arenac ISD.

The board meeting record indicates the city will consider the broader zoning ordinance review in coming months to determine whether local childcare requirements should continue to be more stringent than state licensing rules.