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Davis County Commission grants appeal of in‑home daycare denial, remands case to Planning Commission
Summary
After finding error in how the Planning Commission applied county code, the Davis County Commission granted Heather Brown’s appeal of a denied conditional‑use permit for an in‑home daycare and remanded the matter to the Planning Commission to determine mitigation and conditions.
The Davis County Commission on an appeal hearing granted an appeal by applicant Heather Brown and remanded the Planning Commission’s denial of a conditional‑use permit for an in‑home daycare so the lower body can consider mitigation and conditions.
The decision followed arguments that the Planning Commission misapplied county code when it cited private covenants and conditions in denying the permit. Lynn Kingston, counsel for Brown, told the commission the Planning Commission “misinterpreted and misapplied” the county code and said treating a neighboring home differently amounted to unequal treatment: “There’s no reason to continue to deny my client's rights to have the same privileges and same rights as her next door neighbor.”
County counsel and staff disputed the characterization that the…
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