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Zoning board denies standalone daycare proposal at Baker Drive lot
Summary
The board denied a variance that would have allowed a standalone commercial daycare with deficient parking at 3960 Baker Drive, citing residential zoning, parking and traffic impacts near an elementary school.
The Metropolitan Board of Zoning Appeals, Division 3, denied a variance request to allow construction and operation of a standalone daycare center at 3960 Baker Drive in Lawrence Township (Council District 15).
Roger Upchurch, representing property owner Joanne Springer, described plans for a one-story, roughly 2,900-square-foot building to serve up to about 30 children and up to 10 employees. The petitioner said the site, adjacent to an elementary school, would be compatible and that the building could be redesigned to look more residential if needed.
Staff recommended denial. Senior planner Michael Weigel said the site is zoned D5, a residential district, and that the consolidated zoning and subdivision ordinance allows child-care homes by right only as accessory uses in a residence (limited to 12–16 children depending on license). Weigel noted the site is envisioned by the East 38th Street corridor plan for one‑story single‑family homes and observed significant vehicle queuing at the adjacent school at pickup time. Staff concluded feasible ordinance‑compliant development is possible on the lot and that a commercial daycare would add parking and circulation stresses to Baker Street.
During closing, the petitioner said the owner planned to live nearby and operate the daycare, suggesting staffing and parking demands might be lower than worst‑case figures. The board questioned whether a rezoning would be a better vehicle for a full commercial daycare.
On the recorded vote, Brian Hannon voted no, Joanna Taft voted no, and Rhianna Binder voted no; the variance was not granted.
Staff emphasized that a home-based childcare use could be permitted if a residence were built on the property, and that a rezone to a commercial district would be the appropriate process for a stand‑alone commercial daycare.
