Lenexa council approves three-year special-use permit for in-home daycare amid HOA and safety concerns

The Lenexa City Council on Monday approved a three-year special-use permit allowing the Learning Playhouse to operate an in-home daycare for up to 12 children at 8115 Acuff Lane.

City planner Stephanie Sullivan told the council the property is in an R-1 single-family zone and the comprehensive plan’s suburban density designation is consistent with the use. Sullivan said state licensing and fire marshal approvals are in place and that the city’s review centers on 13 “golden criteria” for special use permits; a SUP is required because the operator proposes more than six children. Staff recommended approval, saying staggered drop-offs and available off-street parking minimize traffic impacts.

Applicant Megan Todd said she and partner Jillian Fuff are licensed by KDHE and have early childhood education experience. Todd said the in-home program is intended as a temporary step while they seek commercial space and that she would accept responsibility for any disputes with the homeowners association.

Steve Chernoff, president of the Oak Hill Homeowners Association, urged the council to consider that HOA deed restrictions prohibit running a business from the property and warned that approving the SUP could force the HOA to pursue legal action. A city staff member, identified in the meeting as Sean, responded that deed restrictions are private agreements the city does not enforce; the city evaluates applications under its code and the golden criteria, and any enforcement of private covenants is a civil matter between homeowners and their HOA.

Neighbor Joanne Wager said she has seen cars parked in the street near the driveway and described an incline and curve that she called a safety hazard for morning drop-offs. Several council members acknowledged the safety concern; Councilmember Mark said he was “torn” but ultimately would vote against the permit because of traffic and character concerns. Other council members cited difficulty finding childcare and the applicant’s stated intent to operate temporarily; supporters said the three-year limit allows city staff to monitor the use.

After debate, a motion by Craig, seconded by Courtney, passed by voice vote to approve the ordinance granting a three-year special-use permit to the Learning Playhouse.

The council’s action allows the applicant to operate under the SUP; any enforcement of HOA deed restrictions remains a private, civil matter between the homeowner and the Oak Hill HOA, and neighbors were encouraged to file complaints with the city if on-street parking or safety issues arise.