Planning commission approves conditional use permit for home daycare with fence compliance condition

The Syracuse Planning Commission approved a conditional use permit for a home-based preschool/daycare at 2397 South 500 West, allowing the operator to operate subject to a condition that the fence encroaching into the front yard be brought into compliance with city code on a timetable established by the Syracuse Code Enforcement Officer.

The decision matters because the permit allows a business to operate from a residence with limits set by city code (including class size and yard enclosure requirements). Staff told the commission the proposal meets most code standards for a home preschool but noted an outstanding front-yard fence encroachment that the applicant is working to correct.

Staff explained the city code distinguishes small home preschools that can be approved administratively (classes of up to six students) from larger operations (up to 12 students), which require Planning Commission review. The applicant proposed starting with three class sessions per week with a potential increase to four. Staff noted that employees must park on the property and that the backyard must remain fully enclosed; the one open item was a front-yard fence that code enforcement had determined did not meet setback or height rules.

Monica Galey, identified in the meeting packet as the applicant for the major home-occupation permit, addressed the commission about the fence material and options to comply. She said the front fence is currently black chain link and that portions of boundary fencing vary in materials where multiple neighbors' fences meet. “We've already contacted and got a bid, to move it back. So now it's just deciding if we go down to 4 feet or not,” Galey said, noting the cost difference to lower or relocate the fence.

Commissioners asked clarifying questions about which fence is affected, whether the fully enclosed rear yard would remain at six feet, and how state and city fence rules intersect (a state allowance for certain open fences and a city provision for open fences up to four feet under some conditions). Staff said the applicant could either reduce the front fence to a four-foot open style or move the six-foot fence to the back of the front-yard setback so the backyard remains fully enclosed at six feet.

The motion to approve the major home-occupation B (home preschool/daycare) application by Monica Galey carried with the condition that the fence encroachment be brought into compliance on the timetable set by the Syracuse Code Enforcement Officer; the motion passed by voice vote. The applicant and staff will work with code enforcement and the business licensing division to finalize outstanding compliance and licensing steps.

Background: the commission and staff noted that multiple home-preschool types exist in city code, that staffing/parking and an enclosed backyard are required, and that larger class sizes trigger planning-commission review. The commission's approval enables the operator to proceed provided the stated condition is satisfied and any required business license is issued.