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Plan Commission recommends special-exception day care at 1920 Benham to BZA with conditions
Summary
The commission recommended July 7 that the Board of Zoning Appeals grant a special exception to allow a home day care at 1920 Benham Avenue. Staff recommended approval as a Class 2 facility for up to 16 children, and attached 11 conditions including building permit timelines, fenced play area, alley pick-up/drop-off and renewal requirements.
The Plan Commission voted July 7 to forward a special-exception request for a home day care at 1920 Benham Avenue to the Board of Zoning Appeals with a "due pass" recommendation and staff conditions.
Project and staff analysis: Petitioners Francisco Simas and Maria Torres seek a special exception under Section 5.3 (special exception uses) to operate a Class 2 child-care home at 1920 Benham Ave. Staff said the house is about 920 square feet on a 0.15-acre lot and noted the petitioners already operate six other home day-care centers nearby. Staff reported it planned an on-site visit before the BZA hearing and that petitioners intend to apply to the Indiana Family and Social Service Administration (FSSA) for a Class 2 license (allowing up to 16 children). Staff recommended approval subject to conditions.
Conditions recommended by staff (summarized): submit renovation plans to the building department within 14 days of approval and obtain permits within 45 days; confine children to the building and fenced play area except for supervised walks; keep facility and grounds clean; allow inspections by the zoning administrator during hours of operation; no exterior signage; provide a copy of child-care license upon request; special exception becomes null and void if the daycare ceases operation for more than one year or license revoked; maximum of 16 children; pickup/drop-off restricted to the rear alley; special exception set for two years with renewal as a staff item by the Board of Zoning Appeals on 07/10/2027.
Applicant remarks: Petitioners Francisco Simas and Maria Torres joined remotely, introduced themselves and answered commission questions about operations and parking; staff said the alley is oversized and able to accommodate two-way traffic for pick-up and drop-off. There were no neighbor complaints on file.
Commission action: Commissioner Osborne moved, Commissioner Lawson seconded a motion to forward the application to the Board of Zoning Appeals with the staff-recommended conditions. Roll-call votes recorded by Carla (clerk) were: Beecher — yes; Osborne — yes; Lawson — yes; Mishler — yes; Erwin — yes. Motion carried.
Next steps: The matter will proceed to a public hearing before the Board of Zoning Appeals; staff will perform site inspections and the petitioners will pursue FSSA licensing and building permits as required.
